Loading...
MIN APR 14 1992 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD APRIL 14, 1992 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 14th day of April, 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 Brian R. Alter Councilman At Large Guy N. Goodson Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Barbara Liming Deputy City Clerk -000- The Invocation was given by Deacon Dow Wynn of Saint Jude's Catholic Church. The Pledge of Allegiance was led by Kenny Smith of Crockett Middle School. -000- One Proclamation was issued: "National Community Development Week, " April 20-26, 1992 . -000- Mayor Lord introduced Kenny Smith, a Crockett Middle School student, his art teacher, Ms. Elaine Reed, and principal, Mr. Clifford Hardeman. Kenny is the poster contest winner for "Sunday in the Park, " and received a $100 savings bond for designing the prize poster. Mayor Lord displayed Kenny's artwork and asked him to autograph her copy. Replicas of Kenny's poster will be used throughout the year for promotional advertising of "Sunday in the Park" activities. -000- Citizen comment was invited on the Consent and Main Agenda Items 1 through 4. No one wished to address these items. -94- April 14, 1992 The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held April 7, 1992 ; Resolution No. 92-108 appointing Linda Clark to the Beaumont Advisory Commission for the Prevention of Child Abuse and Neglect to fill the unexpired term of Sgt. Bill Davis expiring June 30, 1993 ; Resolution No. 92-109 authorizing a contract with Jim's Janitorial of Lumberton, Texas, in the amount of $11,800. 00 for stripping and refinishing of the brick flooring at the Civic Center; Resolution No. 92-110 authorizing purchase of one (1) Ford commercial tractor mower in the amount of $10,943 . 00 from Oil City Tractors, Inc. for use in maintenance of the baseball diamonds at the Athletic Complex; and Resolution No. 92-111 authorizing settlement in the amount of $2,796. 00 of a property damage claim filed by Edward Lewis for damages caused to his home at 1705 Bolivar by a tree when its roots were severed by City equipment used in repair of water lines. The Consent Agenda was approved on a motion made by Councilman Moore and seconded by Mayor Pro Tem Smith. Question: Ayes: All Nayes: None -000- Resolution No. 92-112 authorizing a contract with Russ Miller Construction Co. , Inc. in the amount of $8,920,589.50 for construction of the Cartwright Drainage Project (enlarge existing storm sewer pipes and ditches throughout the area bounded by IH-10, College, Avenue E and Washington Boulevard) was considered: The City Manager asked Public Works Director Tom Warner to review the scope of expectation with construction of this project. Mr. Warner explained that a new outfall will be constructed for about 400 of the original 1,200 acres of the Cartwright Drainage Project. He said the project consists of installing two, 10 x 6 boxes from Eight Street to San Antonio, a 12 x 6 box from San Antonio to Avenue F, 10 x 6 boxes along Tyrrell from Avenue F to Avenue A, a 10 x 6 box on Avenue B from Tyrrell to Cartwright, on San Antonio, Avenue F, Avenue B, Roberts, Victoria, Avenue A, Bolivar and Lyle, pipes of various sizes will be installed, up to 72 inches. Mr. Warner said there will be two lines that will tie into the existing Cartwright system on Avenue B and San Antonio to relieve flooding in the Cartwright system when it reaches capacity. As part of the construction project, Tyrrell Street will be replaced with a concrete curb and gutter street and underground storm sewers. In response to Council concerns about traffic control and -95- April 14, 1992 parking in the area during construction, Mr. Warner said efforts will be made to limit inconvenience. He said limited traffic to residents during construction will not exceed three days, temporary sidewalks will be constructed, security lights in a designated parking will be installed, and security personnel will guard vehicles in the designated parking area. About 70 additional street lights will be installed along the project. Open trenches will be limited and fenced after the normal work day, access for emergency vehicles will be maintained, garbage pickup will be provided by City crews, and special assistance for the elderly and handicapped. Mr. Warner acknowledged Mark Whiteley's efforts in preparing the plans for this project and City Engineers Larry Shepherd and Jim Cline for their assistance. Resolution No. 92-112 was approved on a motion made by Councilman Alter and seconded by Councilman Samuel Question: Ayes: All Nayes: None -000- Resolution No. 92-113 authorizing the City Manager to apply for and accept, as a joint applicant with Programs for Human Services and the Beaumont Housing Authority, a HOPE 3 grant of up to $1, 000, 000 funded by the U. S. Department of Housing and Urban Development, in an effort to provide affordable single family homeownership opportunities to first time homebuyers with low to moderate income, was approved on a motion made by Councilman Goodson and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 92-114 authorizing intervention of the City of Beaumont in the pending Gulf States Utilities Fuel Reconciliation Case before the Public Utilities Commission of Texas was introduced. Mr. Riley read a portion of the resolution: "Be it resolved that the City of Beaumont hereby authorizes the intervention of the City of Beaumont in the pending Gulf States Fuel Reconciliation Case before the Public Utilities Commission of Texas, the City Manager be, and he is herby, authorized to retain Don Bulter as an attorney and Diversified Utility Consultants, Inc. as utility consultants in conjunction with a consortium of other Texas cities in the Gulf States Utilities services area to represent the City of Beaumont in the Fuel Reconciliation Case. " Councilman Cokinos questioned the association of Don Butler with Diversified Utility Consultants, Inc. He said that the backup information provided Council says "Don Butler of Diversified Utility Consultants, Inc. " Mr. Riley explained the letter contains a typographical error in that sentence. It should read "Don Butler and Diversified Utility Consultants, Inc. " He said the official document -96- April 14, 1992 that will be acted upon is correct and identifies them individually. Councilman Cokinos said the PUC and the Office of Public Utility Council protects taxpayers' interest, expressed his objection to the cost of hiring an outside attorney and consultants and participation in intervention activities related to the Gulf States Utilities Fuel Reconciliation Case. City Attorney Nichols explained that some parts of GSU's request are questionable, and, if we do not participate as an intervenor City, we will not be allowed input as the case progresses, and the potential cost will become part of the rate case regardless of our participation. During a lengthy discussion Council offered rebuttal for joining intervention activities and pointed out that participation allows opportunity to support, as well as oppose, GSU in the case. Resolution No. 92-114 was approved on a motion made by Councilman Samuel and seconded by Mayor Pro Tem Smith. Question: Ayes: Mayor Lord Nayes: Councilman Mayor Pro Tem Smith Cokinos Councilman Alter Councilman Goodson Councilman Samuel Councilman Moore -000- Resolution No. 92-115 authorizing an annual contract with Crabtree Barricade Systems, Inc. for rental of approximately 125 Type II barricades for use in the Streets and Drainage Division and the Water Department in the amount of $0.289 each or $36. 125 per day, approximately $13, 185. 63 for 365 days, was approved on a motion made by Councilman Goodson and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- A public hearing was called to consider the twenty-eight (28) below listed dilapidated 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 violations each) , Staff recommendation to raze each structure 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 to raze within 30 days; 2025 W. Highland - H. C. Weiblinger, owner (20 violations) , Staff recommendation to raze 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 -97- April 14 , 1992 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, owner (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; 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; 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, owner (21 violations) , Staff recommendation to raze or repair 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 (shedl (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 each structure 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 twelve (12) 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 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. 1325 Collis, 1327 Collis, 3920 Ethel (shed), 2060-62 Euclid, 3780 Fannett, 1555 Forsythe (shed), 3345 Glenwood, 2480 Harriot, 1405 Land, 440 LaSalle, 3152 Pine, and 1895 Washington. There being no one to address Council regarding these structures, the public hearing was closed. -98- April 14, 1992 Ordinance No. 92-35 declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by their owners was considered: ORDINANCE NO. 92-35 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. 92-35 was approved on a motion made by Mayor Pro Tem Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Mayor Pro Tem Smith thanked Chris Coleman and the Recreation Department for assisting with the first "Sunday in the Park" of the season. She said the Mayor did a marvelous job in reading to the children, the Lamar Brass Quintet did an excellent job in providing entertainment and interacting with the children, and the weather was delightful. Also, Mayor Pro Tem Smith said she had a great time walking Saturday morning in the March of Dimes "Walkamerica" fundraiser with a huge crowd participating. She announced that the next regularly scheduled "Sunday in the Park" will be the second Sunday of May, but on April 26th, there will be a special "Sunday in the Park" in conjunction with the Neches River Festival. Councilman Goodson announced that the Jefferson County Young Lawyers Association has given consideration of becoming a sponsoring agency to help support a teen court program and will conduct a monthly luncheon April 16, 11:45 a.m. at Patrizi 's Restaurant to further discuss the possibility. He said the Association extends an invitation to the City Manager and City Council to participate in this meeting along with the Municipal Judges. Councilman Samuel apologized for the tone of discussion during consideration of the GSU intervention case, stated he feels that every individual deserves respect and there can disagreement of a subject without being disrespectful, and he resents innuendos being made without presenting proof. Councilman Moore complimented Public Works Director Tom Warner and his staff for doing a good job of informing the community in advance of the happenings in regards to the Cartwright Drainage Project, congratulated Mayor Pro Tem Smith for leadership of a delightful "Sunday in the Park, " and commented that while he recently served as Chairman of a Community and Economic Development meeting in Austin at the Texas Municipal -99- April 14, 1992 League, he received many positive comments about Beaumont and that Mayor McDonald of Nacogdoches asked him to share with other Councilmembers what a wonderful job Mayor Lord did in her presentation at their recent forum for women. Councilman Moore thanked everyone that has supported the neighborhood community meetings, and said he thinks it's time to increase efforts and to expand to the Pear Orchard area of Ward IV. He announced that the third-phase Community Association Meeting will be at West Tabernacle Baptist Church at the end of April or first of May and notified Staff he would like the meeting to be conducted exactly in the same manner as it was when the meetings were established in South Park. He asked the Police Department to go back to very basic things that were done in South Park. Councilman Moore said that two years ago a 45-day crusade was begun in another part of Beaumont to create a drug- free area and was accomplished. He said the problem is now concentrated in the Pear Orchard area and would like a community awareness program established and the Police Department active immediatley. Councilman Alter related that he recently received correspondence from Jeanne Mitchell that Mobil Oil will again be sponsoring "Concerts in the Park" this year with a $2, 000 donation. He thanked Mobil and said sometime in the future, he would like to honor Mobil staff for being good corporate citizens. Councilman Samuel recognized his high school government teacher in the audience, Mr. Joe Kushner, whom he said was very instrumental in his decision to become involved in politics. Mayor Lord announced there will not be a City Council meeting next week, confirmed that "Sunday in the Park" was super and expressed appreciation for the rainbow theme, and said Saturday was quite a day at Lamar University and she was there for five different activities. The day started with Walkamerica walk-a-thon, then to the Montagne Center for the "I Have a Dream" program to speak to the young people on tips for success, back in the afternoon for the AAUW oratorical contest for young people, and in the evening for the AAU event which is having a series of basketball games for young women, and hopefully, will attract a national convention in Beaumont soon. She commented that three of the four activities mentioned were for young people, and there is a lot being offered by people who care in this community. -000- Mr. Joe Kushner, 5220 Avenue A, told Council that he is impressed with their concern and serious approach to matters of community interest. He expressed appreciation to Councilman Samuel for his kind words and remarked that as it was said of Julius Caesar, "praise from Audwin is praise, indeed. " Mr. Kushner complained that during resurfacing of Avenue A last November, a portion of his driveway was stripped away and it has not been repaired as promised. The City Manager told Mr. Kushner the repair will be made. -100- April 14, 1992 Mr. Henry Dannenbaum, 1567 Wall, thanked those who attended "The Passion Play" presented by First Baptist Church at the Julie Rogers Theatre. Mr. Owens J. Davillier, 3880 St. Helena Street, addressed Council on behalf of establishment of a three-quarter house for individuals leaving treatment centers and said he is a Licensed Chemical Dependency Counsellor and a Certified Alcohol and Drug Abuse Counsellor. Mr. Davillier presented Council with information detailing his efforts to initiate this supportive living environment, explained the goals of H.O.W. Center, Inc. , and asked Council consideration in funding the endeavor. Mr. Davillier said he is a recovering person, and because of the Texas Rehabilitation Program has come off the food stamp roll and is a tax-paying, productive citizen. He said he is now part of a solution instead of part of a problem and is trying to help other people to duplicate his success. Mayor Lord complimented Mr. Davillier for his success story and encouraged him to contact May Carol Russell of BISD to join individuals trying to form a coalition of various organizations interested in this kind of problem. Mr. Frank Messina, of Debb's Liquor at 2525 College Street, introduced Cynthia Barbre from Kwik-Serve at 1695 College Street and first complained of debris remaining from a razed dilapidated structure across the street from the Fire Station on College. Mr. Messina mainly addressed Council to express appreciation for the College Street Project, finished before the April, 1993 projected date. Mr. Messina said he wanted to spotlight Council and the City of Beaumont for doing a great job in participating with the citizens of College Street and enabling their businesses to survive this 49-week project. Mr. Messina read a flier that has been distributed to residents on College Street: "At long last the College Street Improvement Project is near completion. Hopefully, we have all survived the project and all come back stronger than ever. We should be proud of the new look--with a sense of pride that our property for years to come will shine as one of Beaumont's finest streets. A special thanks to Russ Miller and Mike Greer of Russ Miller Construction, Rick Malbrough and Pat Reho of the City of Beaumont for their cooperation throughout this project and finishing it one year ahead of schedule. Mrs. Barbre and I, Frank Messina, have discussed the possibility of a Street Party sometime in June. We would like to have radio, T.V. , and newspaper coverage to promote the opening with an all-day Street Party, featuring a ribbon cutting ceremony with our Mayor and City Council participating. As the College Street Project has come to an end, many property owners -101- April 14, 1992 have felt that this would be a great opportunity to improve their own property, just as the City of Beaumont has with the new College Street Improvements. Several ideas have been discussed, such as: yard maintenance, painting, sign maintenance, daily litter pickup, improved lighting, landscaping and improved security, among many others. We will have a meeting of concerned citizens of College Street to discuss the plans for the Street Party and possible improvements to our property. This meeting will be held at Elena's Mexican Restaurant, 1801 College, April 22, 1992 at 3 : 30 p.m. " Mr. Messina invited Council and the media to attend this planning session, thanked Council again and Public Works Director Tom Warner. On behalf of Council, Mayor Lord conveyed appreciation to Mr. Messina for addressing Council with his positive citizen response. Mr. Rob Whitmarsh, Student Government liaison from Lamar University, informed Council today will be the last meeting he will attend this semester and said attending Council has been a great learning experience for him, and he has gained a lot of respect for elected officials. He said that when he becomes Student Government President next year, he will initiate student attendance at Council meetings and encourage them to address Council concerning Lamar interests. Mayor Lord thanked Mr. Whitmarsh for his attendance and input at Council meetings and wished him well in his future. -000- Councilman Moore announced that since there is no Council meeting next Tuesday, he will schedule a Community Meeting at West Tabernacle Baptist Church at 6: 30 p.m. on April 21st. He requested Staff be prepared to discuss streets, lighting and crime and invited Council to attend. -000- There being no other business, the Regular Session of City Council was recessed to reconvene in Work Session. -000- I, Barbara Liming, Deputy 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 April 14, 1992. Barbara Liming Deputy City Clerk -102- April 14, 1992