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MIN MAY 05 1992 h REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MAY 5, 1992 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 5th day of May, 1992, with the following present: HONORABLE: 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 David W. Moore Councilman, Ward IV Absent: Evelyn M. Lord Mayor Audwin Samuel Councilman, Ward III Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by the Reverend Delmar Dabney, pastor of Cathedral in the Pines Christian Center. The Pledge of Allegiance was led by Tom Harken and his grandson, Trace Harken. -000- Mayor Pro Tem Smith announced that as a guest of the Texas National Guard, Mayor Lord is on a National Guard tour of Washington, D. C. as a dignitary from the State of Texas and because of her support of the National Guard. Included on the tour will be a visit to the Pentagon. Mayor Pro Tem Smith said that Councilman Samuel is absent because of a final exam before graduation from Texas Southern University, Thurgood Marshall School of Law. -000- Six Procimations were issued: "National Transportation Week, " May 10- 16, 1992 ; "Concerts in the Park Day, " May 14, 1992 ; "Tourism Week, " May 3-9, 1992 ; "Law Enforcement Torch Run Week, " May 10-16, 1992 ; "Kaleidoscope 191 Weekend, " May 8-10, 1992 ; and a Proclamation recognizing Tom L. Harken, owner of Casa Ole and Crazy Jose's Restaurants, as a recipient of the 1992 Horatio Alger award, serving as -110- May 5, 1992 u an incentive for all to succeed and for bringing honor to our community. -000- Ms. Pam Parrish, representing the Southeast Texas Arts Council, presented Council with a six-month report of activities and a review of upcoming events made possible by funding received from the City of Beaumont. Ms. Parrish thanked the City for its contribution to the quality of life given residents through giving to SETAC and said that over 150, 000 people will be directly affected by the grants made this year by the City of Beaumont and SETAC. -000- Mrs. Linda Scully, representing the National Day of Prayer Task Force, extended a personal invitation to join with community ministers in observance of the National Day of Prayer, May 7, 1992, from 12 : 20 p.m. to 12 :40 p.m. between City Hall and the Civic Center to pray for our city, state and nation, particularly our elected officials. Mrs. Scully said pastors will be presenting prayers, some schools will be bringing students to recognize this important occassion and, if it is more convenient, mothers with small children may meet simultaneously at Rogers Park to pray while their children play on the playground. -000- Mayor Pro Tem Smith acknowledged and welcomed the second grade class from Dunbar Elementary School and asked Councilman Moore to make comments. Councilman Moore said he is excited about the young people's presence and explained that they are a part of Project LEAD. He said this is a program designed to work with them and for them during the summer months. He said that today is a good day for the students to visit Council because of the variety of guests here today--Sheriff Carl Griffith, Mr. Harkin, recipient of a fantastic national award, Pastor Dabney, and Judge Bradford, who will administer the Oath of Office to newly elected Councilmembers. He said it will be a tremendously educational day for the students, but also gives Council an opportunity to learn more about them. Councilman Moore asked Mrs. Melba Byrd to share more about the program. Mrs. Byrd explained that Project LEAD is an acronym for Links Erase Alcohol and Drug abuse. It is a project partially funded by the Federal Government in a pilot program directed at the second grade students of Dunbar Elementary School. She said the purpose of the program is to get the children to understand that drugs and alcohol is not the way. She said it is a preventive program with five modules. Dunbar is in the second module which emphasizes decision making. She said they explained to the students that City Council is a part of government and will be a part of their life. They were told that voters made the decision to elect those they thought best qualified, it was a decision for the candidates to accept the -111- May 5, 1992 u responsibility of office, and that they would become a part of everyday activity decision making. They are attending Council to witness the Oath of Office given to Councilmembers as an example of decision making. Mrs. Byrd said they are planning a summer "program to stimulate the growth of the children and to help them to see that alcohol and drugs would not be the way to live a good, clean respectable life. " Mrs. Byrd said they meet on Monday, Wednesday and Friday and extended an invitation to visit their activities. -000- Citizen comment was invited on the Consent and Main Agenda Items 2 through 9. No one wished to address these subjects. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held April 28, 1992 ; Resolution No. 92-123 authorizing acquisition of a runway avigation easement at the Beaumont Municipal Airport, Parcel S-04: 32 ,764 square feet out of Lots 1 and 2, Block 40, Gulf Terrace Addition from Mr. and Mrs. John David Bridges for a negotiated value in the amount of $11, 010.00, to comply with the Runway Protection Zone (RPZ) mandated by the Federal Aviation Administration; Resolution No. 92-124 accepting the bid of Jleeco Builders in the amount of $13,531. 00 for construction of a storage building at the Harvest Club for use by the Building Maintenance Division; Resolution No. 92-125 accepting the bid of G & G Enterprises of Orange, Texas, in the amount of $28,230. 00 for construction of a cinder block storage building at Fire Station No. 1, 747 College Street; and Resolution No. 92-126 authorizing settlement of the claim of Edward Lewis in the amount of $2,796. 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. 92-39 canvassing the returns of the May 2, 1992 Joint City General Election was considered: -112- May 5, 1992 ORDINANCE NO. 92-39 ENTITLED AN ORDINANCE CANVASSING THE RETURNS OF THE REGULAR CITY ELECTION HELD IN THE CITY OF BEAUMONT ON THE 2ND DAY OF MAY, 1992 FOR THE PURPOSE OF ELECTING A MAYOR AND TWO (2) COUNCIL MEMBERS - AT - LARGE; PROVIDING FOR SEVERABILITY AND PROVIDING A REPEAL. Whereas, the City Council of the City of Beaumont, in session, duly called the regular city election to be held on the 2nd day of May, 1992, and the election returns of the 4, 673 votes cast in said election were canvassed for the following officials: For the officer for the office of Mayor; For the officer for the office of Councilman-At-Large; For the officer for the office of Councilman-At-Large; Whereas, after duly canvassing said returns, the City Council found that the votes cast at said election for the several candidates for said offices were as follows: For Mayor: Votes Evelyn M. Lord 4, 017 Joel C. Pousson 186 Jude Paredez 113 Toni Jo (W) Prados 275 For Councilman-At-Large Andrew P. Cokinos 3 ,485 Brian Alter 2 , 242 Myron M. Myrick 625 Those elected were Evelyn M. Lord, Mayor, Andrew P. Cokinos, Councilman At Large, and Brian Alter, Councilman At Large. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 That the results of said regular City election be, and the same are hereby, declared to have been as herein set out, and the following named persons were elected to the following offices: For Mayor: Evelyn M. Lord For Councilman-At-Large: Brian Alter For Councilman-At-Large: Andrew P. Cokinos The City Council of the City of Beaumont further finds that notice of said election was duly and properly given as required by law and provided in the ordinance calling for said election, and that said election was duly and regularly held and returns thereof were duly and regularly made by the proper officials of said election and in all things according to law. Ordinance No. 92-39 was approved on a motion made by Councilman Moore and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -113- May 5, 1992 V The Honorable Michael Bradford, 58th District Judicial Judge, administered the Oath of Office to Andrew P. Cokinos as Councilman At Large and Brian R. Alter as Councilman At Large for the City of Beaumont as elected on May 2 , 1992 . -000- Mayor Pro Tem Smith recessed the meeting for a reception to honor the newly elected officials. Before leaving the Council Chambers, Councilman Moore asked to share comments with the students from Dunbar Elementary. He reminded them of the unpleasantness with the Rodney King trial and the paralysis of Los Angeles they witnessed in our nation this past week, and said that as elected officials, responsibility is taken with great diligence. He challenged the young people to always remain calm and never resort to violence to solve a situation, asked them to take the message back to school and parents, that we are here to live and work together. He reminded them of the references today to a day of prayer and great awards given out and reiterated to them his desire that they take back the message that even when there are situations that seem unfair and unjust, to "always stay the course and work through that which is right and proper. Prayer is never an alternative to take lightly. . . " He said it is something we can all utilize to reach out for strength, guidance and direction. He told the students that Council meetings are always opened with prayer and pledging allegiance to the American flag. He admonished the students to keep the peace, keep hope alive and never let anyone coerce them to do anything that is not good teaching. He told them they are our future, asked them to stay strong and take back the message "that violence does not cure problems. " -000- (The City Council meeting reconvened at 2 : 35 p.m. with Mayor Pro Tem Smith, Councilmembers Cokinos, Alter, and Goodson present. ) Resolution No. 92-127 authorizing a contract with Crain Brothers, Inc. in the amount of $8,861, 162 . 00 for Contract 1 of the Proposed Wastewater Treatment System Improvements (the Artificial Wetland Facility--construction of levee, piping, roadways, planting of wetland plants and a pump station) was approved on a motion made by Councilman Cokinos and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- Resolution No. 92-128 authorizing a contract with APAC-Texas, Inc. in the amount of $564,876. 33 for the reconstruction of East Caldwood Street from 100 linear feet south of Midford Drive to Calder Avenue was -114- May 5, 1992 v approved on a motion made by Councilman Goodson and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None (Councilman Moore returned to Council Chambers. ) -000- Resolution No. 92-129 authorizing Change Order No. 3 to reflect actual quantities used for a reduction of $2,884. 32 to the contract with E. R. Dupuis Concrete Company, Inc. for construction of the Crockett Street Parking Plaza, resulting in a total contract price of $136, 087 . 87, and authorizing final payment in the amount of $11, 046.70 was approved on a motion made by Councilman Alter and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 92-130 authorizing a contract with Cleveland Building Systems in the amount of $139,794 .83 for additions and renovations to the Best Years Center with UPARR grant money from the National Park Service of the Federal Government was approved on a motion made by Councilman Goodson and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Ordinance No. 92-40 declaring the commercial structure located at 998 Center a dangerous structure and ordering its demolition with the property owner signing a demolition consent form and waiving all rights to subsequent notice as provided by the dangerous structure ordinance was considered: ORDINANCE NO. 92-40 ENTITLED AN ORDINANCE FINDING THE STRUCTURE AT 998 CENTER STREET TO BE A DANGEROUS STRUCTURE AND ORDERING ITS IMMEDIATE DEMOLITION; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY. The City Manager reported that Sheriff Carl Griffith has proposed to work toward the demolition of this structure, and upon approval of this ordinance, work will commence tomorrow. (In addition to being identified as a dangerous structure, it has been identified as a heavy drug trafficking site. ) Mr. Riley said the City will participate with removal of the material after demolition. Sheriff Griffith informed Council that this is the fourth phase of the gang task force to crack down on criminal activity. He said inmates of the Jefferson County Jail -115- May 5, 1992 V will tear down the structure, and hopes this will send a message to drug dealers that when they are incarcerated, they will help to tear down the houses where they dealt drugs. Sheriff Griffith said this is a cooperative effort with other law enforcement agencies. Ordinance No. 92-40 was approved on a motion made by Councilman Moore and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Ordinance No. 92-41 amending Chapter 18, Article III, Section 18-21 of the Code of Ordinances related to penalty for prostitution loitering to allow the full range of punishment permitted by law was considered: ORDINANCE NO. 92-41 ENTITLED AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, TEXAS TO AMEND THE PENALTY RANGE FOR THE OFFENSE OF LOITERING FOR PURPOSES OF PROSTITUTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 92-41 was approved on a motion made by Councilman Alter and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Ordinance No. 92-42 amending Chapter 23 , Article 1, Sections 23-2 and 23- 3 of the Code of ordinances related to building numbering and enforcement was considered: ORDINANCE NO. 92-42 ENTITLED AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, TEXAS RELATING TO THE REQUIREMENTS FOR HOUSE NUMBERING; AMENDING THE PENALTY RANGE FOR A VIOLATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 92-42 was approved on a motion made by Councilman Goodson and seconded by Councilman Alter. Question: Ayes: All Nayes: None -116- May 5, 1992 Resolution No. 92-131 authorizing purchase of six (6) 7 1/2 ton and one (1) 30 ton air conditioning units for the Civic Center from Delta Air Conditioning in the amount of $24,884.80 was approved on a motion made by Councilman Goodson and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Mayor Pro Tem Smith announced that an Executive Session will be held following the Regular Session of City Council in accordance with Section 2 (e) of the Texas Open Meetings Act to discuss pending or contemplated litigation: Sarah Bertrand v. The City of Beaumont and Alberta Mahoney v. The City of Beaumont. -000- Councilman Goodson congratulated Randy Nye, Bill Wilson and all those responsible for the Neches River Festival, said that like Kaleidoscope activities, the Festival brings in a lot of tourist dollars and excellent programs for the area. Councilman Cokinos congratulated Julie Rogers for the tribute she received from the Mental Health Association. Councilman Cokinos commented that with the election over, there is a big job ahead, but with Beaumont working together, we will succeed. He congratulated Mayor Lord and Councilman Alter for being reelected, thanked those who supported his election, especially the Beaumont Police Officers Association and Beaumont Firefighters, thanked the Beaumont Enterprise for endorsing his candidacy and said he feels the Police and Fire Departments need additional personnel to better serve the city. Councilman Alter echoed congratulations to all those involved in the Neches River Festival and wished the new president of the Neches River Festival, Ray Riley, good luck for next year. He congratulated Julie Rogers, concurred that the Mental Health Association event was good and well attended, with Astronaut Edwin E. "Buzz" Aldrin and Ms. Van Derbur, Miss America of 1958, present. He commented that Heritage Days at the John J. French Museum and the Crawfish Festival were great events, congratulated Mayor Lord and Councilman Cokinos for being reelected, thanked the Beaumont Enterprise and the Beaumont Police Officers Union for endorsements and the citizens of Beaumont for putting him back in office. Councilman Moore congratulated the newly elected Councilmembers, said he looks forward to working with them again to serve the community, and announced that a community meeting will be held in the Pear Orchard area, May 19, at the Greater Good Hope Baptist Church at 6: 30 p.m. Mayor Pro Tem Smith extended well wishes to election victors, said there are a lot of important issues coming up and Council pledges to try to bring the community together and work in harmony. -117- May 5, 1992 V The City Manager announced that the next City Council meeting will be May 19, 1992 . He said Council meetings will be held the first and third Tuesdays for the next three months during the summer, and at other regular times in between, if business requires. -000- Mr. Henry Dannenbaum, 1567 Wall, addressed Council to favorably comment about the Dunbar Elementary School LEAD Project. The Reverend Clarence Williams, pastor of the East Mount Olive Baptist Church, 1197 Corley, addressed Council concerning construction of a Senior Citizens and Handicapped Center and asked that funding assistance be considered from Community Development Block Grant monies. Mr. Jeff Linder, 545 Second Street, addressed Council to report there are at least eight vacant houses between Second Street and Downtown being used for drug dealing. Mr. Linder was instructed to give specific information to Lawrence Baker of the Environmental Health Division. Mr. Jude Paredez, 920 Wisteria, congratulated Mayor Lord, Councilmen Cokinos and Alter for electoral victories, thanked citizens who voted for him, all those who voted, volunteered his services to the City and submitted the business card of J & R Services, owned by James Broucher, regarding building and financing an automated recycling plant. -000- There being no other business, the Regular Session of City Council was recessed to reconvene in Executive 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 May 5, 1992 . Rosemarie Chiappetta City Clerk -118- May 5, 1992