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MIN MAR 17 1992 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MARCH 17, 1992 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 17th day of March, 1992 , with the following present: HONORABLE: Evelyn M. Lord Mayor Lulu L. Smith Mayor Pro Tem Councilman, Ward I Andrew P. Cokinos Councilman At Large Guy N. Goodson Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Absent: Brian R. Alter Councilman At Large Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by the Reverend Reggie Lloyd, pastor of Praise Christian Center. The Pledge of Allegiance was led by City Manager Ray Riley. -000- Four Proclamations were issued: "McFaddin-Ward Carriage House Day, " March 22, 1992 ; "National Young Audiences Week, " March 15-21, 1992 ; "Energy Education Day, " March 20, 1992 ; and "Red Purse Day, " March 18, 1992 (Red Purse Day sponsored by the Spindletop Chapter of the Business and Professional Women' s Club to symbolize pay equity for women. ) -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 3 and 4. No one wished to address these topics. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held March 3 , 1992 ; -64- March 17 , 1992 i Resolution No. 92-72 appointing Dr. Walter Sutton to the Historical Landmark Commission for a term expiring October 31, 1993 ; appointing Flora Elliott to the Mayor's Committee for Employment of the Disabled; and appointing Amelie Cobb, Dick Cantella and Shirleen Cook as commissioners of the Beaumont Housing Authority with terms expiring February 28, 1994; and Resolution No. 92-73 authorizing purchase of a runway protection zone (RPZ) avigation easement for Municipal Airport described as Parcel N- 01: 39,554 square feet out of the A. Savery Survey, Abstract 46, from E. C. Lumpkin, Jr. for the appraised value of $2, 300. 00. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Ordinance No. 92-24 abandoning a 20-foot-by-300-foot alley in Block 55 (bounded by Caldwell, Cable, Spruce and Forrest Streets) , North Addition, requested by Mark Whitely, on behalf of the Innovative Housing Development Corporation, in connection with plans for construction of residences for sale to low-to-moderate income families, subject to retention of a general utility easement replacing the abandoned alley right-of-way, was considered: ORDINANCE NO. 92-24 ENTITLED AN ORDINANCE ABANDONING A 20 FOOT BY 300 FOOT ALLEY IN BLOCK 55, NORTH ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 92-24 was approved on a motion made by Mayor Pro Tem Smith and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Ordinance No. 92-25 abandoning a 20-foot-by-659. 10-foot alley in Block 38 (extending from 9th to 10th Street) , Averill Addition, requested by Dr. and Mrs. Rodolfo Sotolongo in connection with plans to convert the former Wilson Memorial Art Center building into a residence and sell four lots in the block for homesites, subject to retention of a 20-foot- by-200-foot general utility easement at the rear of Lots 1 and 2 , was considered: -65- March 17, 1992 ORDINANCE NO. 92-25 ENTITLED AN ORDINANCE ABANDONING A 20 FOOT BY 659 . 10 FOOT ALLEY LYING ACROSS BLOCK 38, AVERILL ADDITION, EXTENDING FROM 9TH STREET TO 10TH STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 92-25 was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Smith. Question: Ayes: All Nayes: None -000- Resolution No. 92-74 authorizing the City Manager to apply for, accept and spend up to $845,000.00 ($455, 000 to be used by the Community Development Division for rehabilitation of about 25 owner-occupied dwellings and $390, 000 used in the Innovative Housing Development Program to assist first time home buyers) in federal grant funds from the 1992 HOME Program under Title II (the Home Investment Partnership Act) of the National Affordable Housing Act of 1990 was approved on a motion made by Councilman Samuel and seconded by Mayor Pro Tem Smith. Question: Ayes: All Nayes: None -000- Resolution No. 92-75 accepting the work for construction of the Walden Road Concrete Paving Project, approving Change Order No. 3 reducing the contract by $40,831.40 for adjustment of estimates to reflect as-built quantities at total contract cost of $603.851. 00, and authorizing final payment in the amount of $30, 192 .55 to Norman Materials, Inc. was approved on a motion made by Councilman Goodson and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- - Public Hearing was called to consider the thirty-three (33) below listed structures found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 800 Schwarner (garage) and 800 Schwarner (shed) - Arthur Green, owner (7 violation each structure) , Staff recommendation to raze both structures within 30 days; 255 E. Threadneedle - Samuel Albert Denton, owner (21 violations) , Staff recommendation to raze within 30 days; 605 Nolan - Robert H. Rinks, owner (16 violations) , Staff recommendation to raze or repair within 30 days; 605 Nolan (shed) - Robert H. Rinks, owner (7) violations, Staff recommendation to raze within 30 days; 4540 Highland shed - Wilbert H. Marmion, owner (18 violations) , Staff recommendation -66- March 17, 1992 j to raze within 30 days; 2025 W. Highland - H. C. Weiblinger, owner (20 violations) , Staff recommendation to raze within 30 days; 3960 Usan - Annie Gibson Estate, owner (20 violations) , Staff recommendation to raze or repair within 30 days; 3705 Usan - George Lewis, owner (16 violations) , Staff recommendation to raze or repair within 30 days; 3077 S. 5th - Horace Akers, Jr. , owner (22 violations) , Staff recommendation to raze within 30 days; 3940 Lydia - Joe Domain, Jr. , owner (19 violations) , Staff recommendation to raze or repair within 30 days; 3295 Glenwood - Madora Mouton and W. J. Lee, owners (19 violations) , Staff recommendation to raze within 30 days; 950 Elm - R. D. Baker Estate c/o Bess Stahl, owners (21 violations) , Staff recommendation to raze within 30 days; 5160 Wilshire - Hilary Cathey, owner (18 violations) , Staff recommendation to raze within 30 days; 7960 Tolivar - Dorothea French c/o Dvane French, owner (19 violations) , Staff recommendation to raze within 30 days; 2225 Ives (garage apt. ) - Doisetta Thomas, owner (20 violations) , Staff recommendation to raze or repair within 30 days; 3930 St. Helena - Sam Jones, owner (19 violations) , Staff recommendation to raze or repair within 30 days; 3930 St. Helena (rear) - Sam Jones, owner (19 violations) , Staff recommendation to raze within 30 days; 3675 Scranton - Oscar Douglas Miller Et Al, owner (20 violations) , Staff recommendation to raze within 30 days; 3479 West - Adam Coward, owner (22 violations) , Staff recommendation to raze within 30 days; 1955 Tulane - Preston Garner, owner (14 violations) , Staff recommendation to raze within 30 days; 1060 Trinidad - Jacqueline J. Cooper, owner (21 violations) , Staff recommendation to raze within 30 days; 1080 Trinidad - John and Frankie DeYoung, owners, (21 violations) , Staff recommendation to raze or repair within 30 days; 795 Pollard - Willie White, owner (17 violations) , Staff recommendation to raze within 30 days; 2341 Magnolia - James A. and Robert D. Reagan, owners (22 violations) , Staff recommendation to raze within 30 days; 2575 Jirou (21 violations) and 2575 Jirou (shed) (5 violations) - Clara Daniels Washington, owner, Staff recommendation to raze both structures within 30 days; 990 N. 7th - James Street, owner (20 violations) , Staff recommendation to raze within 30 days; 2037 Laurel - S. D. Night, owner (22 violations) , Staff recommendation to raze within 30 days; 2015 Liberty (17 violations) and 2035 Liberty (18 violations) - Eugene Peters, owner, Staff recommendation to raze both structures within 30 days; 2411 Pecos (garage) - Donald J. Hinrichs, owner (12 violations) , Staff recommendation to raze within 30 days; and 2115 Rusk - Lola Adams, owner (21 violations) , Staff recommendation to raze within 30 days. These parcels of property have been inspected, are vacant, and found to be in violation of Article III, Section 14-50 of the Code of Ordinances. Notices have been sent to owners by Certified Mail and published in the Beaumont Enterprise. The nineteen (19) structures listed below have been condemned by City Council and the owners ordered to either raze or repair them within specified time frames. Reinspection of these structures have revealed non-compliance with the Council 's order. The Environmental Health -67- March 17, 1992 Division of the Administrative Services Department is requesting authorization from City Council to demolish these structures in accordance with the Dangerous Structure Ordinance and charge the property owners with the cost of demolition. 4750 Belmont, 1325 Collis, 1327 Collis, 1715 Cottonwood, 3920 Ethel (shed) , 2060-62 Euclid, 3780 Fannett, 894 Forrest, 1555 Forsythe (shed) , 3345 Glenwood, 2480 Harriot, 3890 Hollywood (commercial) , 1405 Land, 440 LaSalle, 2460 N. 9th, 3152 Pine, 3915 Scranton, 3915 Scranton (rear) , and 1895 Washington. There being no one to address Council regarding these structures, the public hearing was closed. Ordinance No. 92-26 declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by their owners was considered: ORDINANCE NO. 92-26 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR REPAIR OR DEMOLITION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Ordinance No. 92-26 was approved on a motion made by Councilman Goodson and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Mayor Lord announced that an Executive Session will be conducted at the conclusion of the Workshop Session in accordance with Section 2 (e) of the Texas Open Meetings Act to discuss contemplated or pending litigation: Excavators and Constructors, Inc. vs. The City of Beaumont and the Gulf States Utilities Fuel Reconciliation Case. -000- Mayor Pro Tem Smith congratulated the Health Department for hosting a very successful Board Meeting and Annual Meeting of the Texas State Department of Health. Mayor Pro Tem Smith said she has heard great praise for the Health Department's management of this large convention and said the programs have been outstanding. Councilman Goodson reported that members of Council enjoyed the National League of Cities meeting in Washington, D.C. last week where he and Councilman Alter attended a round-table discussion about youth and gang violence problems experienced by other similarly situated cities and -68- March 17, 1992 received a lot of good ideas and said the entire meeting was very beneficial. Councilman Samuel said he would like to echo Mayor Pro Tem Smith's comments about the praise for management of the Texas State Department of Health convention at the Holidome and stated the National League of Cities meeting was very good and Council learned a lot. He said they learned about coming health care issues as well the impact on cities of amendments to the welfare program. As moderator for a panel discussion at the National League of Cities meeting, Councilman Moore said he was able to pass on information about Beaumont's participation with a transportation bill that is funding $10 million to our area. He discovered that many people are uninformed of this bill 's benefit to their community and are just now in the inquiry stage, when most of the money has already been earmarked. He complimented our leadership in Washington and the information received from Carolyn Chaney, our Washington Assistant, for keeping Beaumont aware of such opportunities. Also, Councilman Moore commended City staff for their organizational assistance at the Texas State Department Health convention and said he has become informed of statistical information and certain health issues and concerns of which he was not aware by attending some of the enlightening sessions. Mayor Lord confirmed that the session attended at the Texas State Department of Health convention on minority health care was of great interest and said she wanted to again echo the commendations for our Health Department in creating a friendly atmosphere and for providing nice facilities to conduct the meeting with ease. Mayor Lord said that some people question Council attending meetings such as the National League of Cities, but that attending these meetings allows for an interchange of ideas, and that it is like going back to school and being brought up to date with federal legislation and its impact on cities. To not take advantage of these meetings would be negligent because opportunity to bring home some of the federal grants is made possible by what is learned there and through contacts and calls made upon legislators. Much of what is now enjoyed by the city is a result of attending these hard-working trips. On a personal note, Mayor Lord said that in Dublin, the Irish celebration of St. Patrick' s Day has only been as a holy day until recent American import of such things as cards and parades and demonstrated the correct Gaelic pronunciation of "Leprechaun. " In addition, Mayor Lord said Beaumont recently enjoyed a wonderful performance of Camelot, and she especially enjoyed the excellent performance of the gentleman who played Sir Sylvan (City Attorney Lane Nichols) . Mayor Pro Tem Smith added that recently she presented Marsha Woody with a plaque for her twenty years of service to the Beaumont Civic Ballet (one of the organizations funded by SETAC) at the "Best of Beaumont" celebration. She said that some of Ms. Woody's former students, who are -69- March 17, 1992 now dancing professionally, returned for this performance, and that it was a nice tribute to Ms. Woody for her vision and talent. Also, Mayor Pro Tem Smith noted that she sits on the National Human Development Committee on Health Care, and that it was very interesting that when the National League of Cities compiled priorities, health care did not rank in the top ten and confirms her claim that health care is not high on anyone's priority list, but said she see hope at the state level, even though it is appalling to her that Texas is now 48th out of 50 states for monies spent for human services. She said there is a new Commissioner of Health and a new Region 10 Director who are excited and enthusiastic, and she hopes under their leadership a new look will be given to how health care dollars will be spent and how to deliver services to people without a lot of red tape. Councilman Moore acknowledged the Reverend Robinson's presence at Council and commented that Reverend Robinson has attended the Health conference probably every day. He commended Reverend Robinson for being on the leading edge of bringing issues to the community, said he had a lot of input and impact at some of the sessions and represents the kind of citizen the community needs. -000- Mr. Henry Dannenbaum, 1567 Wall Street, addressed Council to say that Channel 12 's Town Meeting on gang and youth violence televised from the Julie Rogers Theatre was very successful and spoke on various other subjects. Dr. George McLaughlin, Chancellor of Lamar University, introduced lunar energy subject matter to be discussed in Workshop Session and applauded Council for attending continuing education meetings such as the National League of Cities. -000- There being no other business, the Regular Session of City Council was recessed to reconvene in Workshop Session. -000- I, Rosemarie Chiappetta, City Clerk of the City of Beaumont, Texas, certify that the above is a true copy of the Minutes of the Regular City Council Session held March 17, 1992 . Rosemarie Chiappetta City Clerk -70- March 17, 1992