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MIN JUL 14 1992 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JULY 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 July, 1992, with the following present: HONORABLE: Evelyn M. Lord Mayor Andrew P. Cokinos Councilman At Large Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward II David W. Moore Councilman, Ward IV Absent: Brian R. Alter Mayor Pro Tem Councilman At Large Audwin Samuel Councilman, Ward III Ray A. Riley City Manager Lane Nichols City Attorney Barbara Liming Deputy City Clerk -000- The Invocation was given by Mr. Max Dawson, Dowlen Road Church of Christ. The Pledge of Allegiance was led by Jenna and Lindsey, daughters of Linda and Mike Fostinas and grandnieces of Councilman Cokinos, visiting from California. -000- Presentations to winners in the Fourth of July parade competition were made by Mayor Lord and Parade Chairman Ted Blanton to: Central Sr. High School Band - Mayor's Award Trophy; Southwestern Bell - First Place Trophy - For-profit Float Competition Category; Lamar University - First Place Trophy - Non-profit Float Competition Category; Beaumont Symphony Women's League - Second Place Trophy - Non-profit Float Competition Category; and Cerebral Palsy Rehabilitation Center - Third Place Ribbon - Non-profit Float Competition Category. Mayor Lord expressed appreciation to all entrants for their participation in the parade and Fourth of July celebration. -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items -151- July 14, 1992 1 through 9. Mr. Henry Dannenbaum, 1567 Wall Street, addressed Council in support of Agenda Items 3, 4 and 9. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held June 30, 1992 ; and Resolution No. 92-179 appointing Rocky Chase to the Convention and Tourism Advisory Commission for a term expiring September 30, 1994. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 92-180 accepting the work performed by RSR Road Surface Recycling (USA) ,Inc. for resurfacing eleven (11) street sections under the recycling-repaving contract of the 1991 Street Rehabilitation Program, authorizing Change Order No. 2, decreasing the contract amount by $69,991. 14 for adjustment of contract estimates to as-built quantities (final contract cost $401, 947. 08) , and authorizing final payment in the amount of $20,097. 35 to be paid to Bo-Mac Construction, at the request of RSR for materials furnished for the work, was approved on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 92-181 accepting the construction of street improvements to College Street from Goliad to Main, authorizing Change Order No. 6 in the amount of $281,779.90 to reflect actual quantities used in completing the project (total contract cost $3, 797,813 .89) , and authorizing final payment in the amount of $268, 325.45 to Russ Miller Construction Company, Inc. was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None Council commented about the apparent increased sense of pride that College Street property owners have displayed by repainting and repairing structures and improving the general appearance of their property since the street construction improvements, and Councilman Moore noted that in both of the construction contracts considered for action today, there was not a full 10% MBE participation and requested Staff remain aware of this criteria. -152- July 14, 1992 Ordinance No. 92-51 amending Chapter 5, Article III, Section 5-30 of the Code of Ordinances related to rabies control to provide for home quarantine of dogs and exemption of police dogs from requirement was considered: ORDINANCE NO. 92-51 ENTITLED AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO PROVIDE FOR HOME QUARANTINE OF DOGS; EXEMPTING POLICE DOGS FROM THE QUARANTINE REQUIREMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 92-51 was approved on a motion made by Councilman Moore and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Ordinance No. 92-52 amending Chapter 20, Article 1, Section 20-10 of the Code of Ordinances to prohibit glass beverage containers in city parks was considered: ORDINANCE NO. 92-52 ENTITLED AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO PROHIBIT GLASS BEVERAGE CONTAINERS IN CITY PARKS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Ordinance No. 92-52 was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 92-182 accepting construction of a 300, 000-gallon elevated storage tank to provide water to two prison sites, authorizing Change Order No. 1 in the amount of $1, 100. 00 for installing temporary power to operate a Federal Aviation Administration Obstruction light on top of the elevated storage tank during construction, and authorizing final payment in the amount of $6, 100. 00 to Pitt-Des Moines, Inc. was approved on a motion made by Councilman Moore and seconded by Councilman Smith. Question: Ayes: All Nayes: None -153- July 14, 1992 Resolution No. 92-183 accepting completion of Contract III Sanitary Sewer System Improvements (water line and sanitary sewer force main to provide service to state prison and 1989 annexed area) , authorizing Change Order No. 3 in the amount of $59,594. 05 to adjust as-built quantities (total contract price $1,860,345. 67) , and authorizing final payment in the amount of $100, 687.70 to Allco, Inc. was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 92-184 adopting a Water Conservation and Drought Contingency Plan for compliance with a state mandate to all public entities borrowing money from the Texas Water Development Board's revolving loan fund (SRF) and in conjunction with the City' s loan for construction of a wetlands treatment system was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 92-185 readopting a two-year Uniform Tax Abatement Policy (same as 1990) for manufacturing industries (abatement of portion of taxes assessed on the value added to manufacturing industrial property from improvements constructed under tax abatement contracts) consistent with policies adopted for Jefferson County, the Beaumont Independent School District and other county taxing entities was considered: Councilman Moore said he is not opposed to the Uniform Tax Abatement Policy, but is concerned with employment practices of some industries, the environmental impact on the community, construction inconvenience, noise and a need for a policy that would provide the immediate neighborhood of these industries an assurance that- they would gain a percentage of employment as a dividend for the inconveniences. He said if dollars stayed within the immediate neighborhood, there would be a stronger chance of survival for that community, and feels there should be a process. Resolution No. 92-185 was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: Mayor Lord Nayes: None Councilman Cokinos Councilman Smith Councilman Goodson Abstention: Councilman Moore -154- July 14, 1992 Resolution No. 92-186 authorizing a contract with Habitat for Humanity to provide funding in the amount of $30, 000. 00, included in the 1991 Statement of Objectives and Projected Use of Funds for the Community Development Block Grant Program, for materials to construct three (3) homes in the Charlton-Pollard neighborhood to be sold to low income families, at or near construction cost, with zero interest was approved on a motion made by Councilman Moore and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- A Public Hearing was called to consider the twenty-seven (27) below listed dilapidated structures found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 1108 Ashley - Charles E. Jones, owner (24 violations) , Staff recommendation to raze within 30 days; 1828-30 Sabine Pass - Calvin Williams, owner (20 violations) , Staff recommendation to raze within 30 days; 1840 Sabine Pass (garage apt. ) - Calvin Williams, owner (21 violations) , Staff recommendation to raze within 30 days; 1840 Sabine Pass - Calvin Williams, owner (20 violations) , Staff recommendation to raze or repair within 30 days; 965 Lincoln (19 violations) , 2053-55 Brooklyn (20 violations) , 2053-55 Brooklyn (shed) (14 violations) , and 2053-55 Brooklyn (commercial) (18 violations) , Anthony Luparello, owner of all four structures, Staff recommendation to raze all structures within 30 days; 235 Charlotte - Al Woods, owner (16 violations) , Staff recommendation to raze or repair within 30 days; 2236 Washington - Clarence Church, owner (23 violations) , Staff recommendation to raze within 30 days; 2460-62 Euclid - Mamie LeBlanc, owner (21 violations) , Staff recommendation to raze within 30 days; 1596 Pipkin - Susan Jane Birge, owner (9 violations) , Staff recommendation to raze or repair within 30 days; 3230 St. James - Essie Stansberry Williams, owner (20 violations) , Staff recommendation to raze within 30 days; 3670 Edmonds - Chester Cary Et Ux, owner (23 violations) , Staff recommendation to raze within 30 days; 10305 Dusty (16 violations) and 10305 Dusty (garage) (5 violations) - David J. Bryant, owner, Staff recommendation to raze both structures within 30 days; 3670 Lorilee - Henry S. Long, Jr. c/o Long & Lewis, owner (24 violations) , Staff recommendation to raze within 30 days; 3645 Lorilee - Johnny Pullin, owner (25 violations) , Staff recommendation to raze within 30 days; 6845 Highway 105 - Scot B. Shaffer, owner (18 violations) , Staff recommendation to raze or repair within 30 days; 2226 Beatrice - Velma McCoy Estate, owner (23 violations) , Staff recommendation to raze within 30 days; 1480 Gill. E. - Paul Parks, owner (21 violations) , Staff recommendation to raze within 30 days; 1395 Isla - C C. Simpson Estate, owner (24 violations) , Staff recommendation to raze within 30 days; 1298 Magnolia (commercial1 - Rahim Hasan, owner (16 violations) , Staff recommendation to raze within 30 days; 1084-86 Grand (21 violations) and 1084-86 Grand (garage apt. ) (23 violations) - James L. Pope, owner, Staff recommendation to raze or repair each structure within 30 days; 3970 Inez - Jim W. -155- July 14, 1992 Daniels, owner (21 violations) , Staff recommendation to raze within 30 days; and 3070 Terrell - Mary Keyes c/o W.M.T. Wilson, 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 sixteen (16) 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. 2815 Concord (commercial) , 2095 Forrest, 1501 Gilbert, 2025 W. Highland, 1097 Lee, 1273 Liberty, 2693 Magnolia, 2267 St. Anthonv, 660 Sherman, 660 Sherman (shed) , 255 E. Threadneedle, 7960 Tolivar, 2365 Poplar, 1256 Harriot (garage apt.) , 1466 Terrell, and 2470 Space. Mrs. Barbara Daniels, 4270 Cartwright, addressed Council regarding the structure at 3970 Inez to request additional time for rehabilitation. Mrs. Daniels informed Council that because of a work-related injury, her husband has not been able to complete a work program. After viewing slides of the structure and receiving a cost estimate and opinion from Staff regarding rehabilitation of the structure, Council asked Mrs. Daniels to carefully consider the cost-effectiveness of the extensive repairs necessary to bring the property up to Code standards. Mrs. Daniels reiterated her husband's desire to continue the project, said he will be doing the work himself and again asked for consideration of a time extension. A consensus of Council was to give opportunity for rehabilitation of the structure and asked that 3970 Inez be removed from Section 3 (raze within 30 days) and placed in Section 2 (raze or repair within 30 days) of the ordinance to allow Mr. Daniels to reestablish a work program for rehabilitation of the property. There being no one else to address Council, the Public Hearing was closed. Ordinance No. 92-53 declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by their owners was considered: -156- July 14, 1992 ORDINANCE NO. 92-53 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. 92-53, as amended, was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Councilman Moore reported a very interesting "Sunday in the Park, " sponsored by Saint Elizabeth Hospital and Popeye's Famous Fried Chicken, with Popeye's presence and music provided by singers, Renee and Terry. Councilman Moore asked the City Manager to consider reviewing Police policy established in 1985 regarding a decision to not investigate minor traffic accidents and permitting drivers to just exchange insurance information. He said he has received complaints of cases where a hit-and-run type situation has occurred because the Police Department did not investigate the incident, and the offender left the scene without leaving identification or insurance information. Also, Councilman Moore invited Council to attend a Pear Orchard Neighborhood Association meeting at Greater Good Hope Baptist Church on Virginia Street at 6: 30 p.m. on July 21st. Councilman Cokinos requested an update of the status of the remaining railroad crossings that need repairs on the list he submitted. Mayor Lord questioned the possibility of an update of the King Edward Hotel proceedings. Mr. Riley reported that a judgment was received in April from District Court, and Jefferson County is scheduling a sale of the property in early September. A full report will be available soon. -000- There being no other business, the Regular Session of City Council was recessed to reconvene in Workshop 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 July 14, 1992 . Barbara Liming Deputy City Clerk -157- July 14, 1992