Loading...
MIN SEP 01 1992 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD SEPTEMBER 1, 1992 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 1st day of September, 1992 , with the following present: HONORABLE: Evelyn M. Lord Mayor Brian R. Alter Mayor Pro Tem Councilman At Large Andrew P. Cokinos Councilman At Large Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Ray A. Riley City Manager Tyrone Cooper Asst. City Attorney Barbara Liming Deputy City Clerk -000- The Invocation was given by the Reverend Clarence Williams, East Mount Olive Baptist Church. The Pledge of Allegiance was led by Councilman Samuel. -000 A Proclamation was issued to recognize the "Beaumont Kennel Club" on their fortieth anniversary of sponsoring dog shows and to congratulate them for being one of Beaumont's special organizations that enriches the community through school programs, dog show competitions and unique performances by the canine drill team. -000- Mayor Lord acknowledged Mrs. Birdie Harrison, sponsor of the Future Homemakers of America with Central High School, and two students, Tamera Saveat and Fawn Banks, recent winners in a competition for establishing an anti-gang/violence program. They reported their project was entitled "Stop Youth Violence--Promote Patriotism" and was developed by the Child Development classes and several members of the FHA. They said they felt if more youth were patriotic and respected their country, there would not be as much violence. They promoted their project in various ways throughout the community in preparation for competition, and went to the Regional Competition in Houston, advanced to State in Dallas to win first place, and on to Nationals where they won a gold medal for their project. They expressed a desire that through this endeavor they hope -190- September 1, 1992 to have made an impact on the majority of the youth in our community to "Stop the violence, promote patriotism. " -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 1 and 2. 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 August 25, 1992 ; Resolution No. 92-231 appointing Helen Tubbs and Herman Davis to the Commission for Prevention of Child Abuse and Neglect with terms expiring June 30, 1994 ; Raymond Ambres to the Mayorls Committee on Employment of the Disabled for a term expiring June 30, 1994 ; and reappointing Peggy Bergeron, Arthur Charles, III and Flora Elliott to the Mayorls Committee on Employment of the Disabled with terms expiring June 30, 1994; Bruce Drury to the Keep Beaumont Beautiful Commission for a term expiring September 30, 1993 ; Helen McCarty to the Rehabilitation Board of Adjustments and Appeals for a term expiring May 31, 1994 ; and James Gonzales to the Plumbing and Mechanical Board of Review for a term expiring May 31, 1994; and Resolution No. 92-232 authorizing settlement of the lawsuit styled Mildred Jones, et al v. the City of Beaumont, et al, Cause No. B- 138,428, in the amount of Ten Thousand Dollars ($10, 000. 00) . The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Alter. Question: Ayes: All Nayes: None -000- A Public Hearing was opened for citizen comment on the proposed ad valorem property tax rate of $. 62 per $100 assessed valuation for the 1992-93 fiscal year. The Reverend J. D. Gregory, New Hope Baptist Church, spoke in support of the increase in the ad valorem property tax rate and said City officials understand the amount of revenues needed to provide services to the citizens. Mayor Lord pointed out that the proposed tax increase does not provide any operating expenses for the City, but provides funding for the drainage bond issues, and explained that this additional Public Hearing is held to give full opportunity for citizen input because of the -191- September 1, 1992 evacuation last week with the threat of "Hurricane Andrew" landing near the Golden Triangle. There being no one else desiring to speak, the Public Hearing was closed. -000- A Public Hearing was opened to address the proposed Fiscal Year 1992-93 City budget and the proposed Five-Year Capital Program. (held for the convenience of citizens who may have evacuated because of the hurricane threat) There being no desiring to speak, the Public Hearing was closed. -000- Resolution No. 92-233 authorizing a contract with Bo-Mac Contractors, Inc. in the amount of $1, 305,338.50 for the 1992 Street Rehabilitation Program "Reconstruction and Overlayll (Athletic Park, College/D.E. ; Avenue C, Elgie/Harriot; Avenue E, Washington/Elgie; Bennett, Rachael/Helbig; Broussard, Tram/City Limit; Byrd, Chamberlain/Lindbergh; Cherokee Ln. , Harrison/D.E. ; Condon, Milam/Blanchette; Earnestine, Concord/Horn; Eighth, Corley/Blanchette and Milam/College; Elgie, D.E./D.E. ; French Rd. , Delaware/Diane; Guess, Old Voth/Walker; Hebert, Pradice/Bob; Highland West, Avenue A/D.E. ; Isla, Gulf/Parking Area; Judy Lane, Hwy 69/Concord; LaSalle, Jeanette/D.E. and Magnolia/Pine; McFaddin, MLK/6th; McLean, Major Dr./Greeves; Milam, IH10/D.E. ; Ninth, Calder/Evalon, Evalon/Beech, and Calder/Laurel; Piney Point, Helbig/RR; Quitman, D.E./D.E. ; Rachael, Quitman/Bennett; Ridgeland, N. Circuit/Calder; San Diego, Griffing/Guess; Scenic Dr. , Hwy 105/Major; Skipwith, Milam/Blanchette; Threadneedle, MLK/Avenue A; and West Lucas, Delaware) was considered: Mr. Riley reported that this is the third annual street rehabilitation contract to be considered with revenues made available through the Street User Fee. He said the program has been very successful, and is a continuation of the program where the City has been reconstructing and maintaining streets throughout the community with the highest volume of traffic and with the best economic benefits from preventive maintenance and reconstruction. Public Works Director Tom Warner discussed the street list and distributed drawings of detail construction for this project to Council. He explained that previous projects have been mostly overlay and recycling with little reconstruction of streets. Mr. Warner said this contract will shift focus to reconstruction and allow about $1. 1 million in reconstruction and about $200, 000 in overlay because of the progress made in saving streets before deterioration. He reviewed the different drawings pertaining to typical street reconstruction and mill -192- September 1, 1992 i and fabric overlays and gave examples of streets for each method. Mayor Lord questioned patching methods--mixing concrete and asphalt--and Mr. Warner explained that concrete surfaces have a useful life of about 25-30 years, but can be extended by using an asphalt overlay and much less expensive than completely replacing the concrete street. Concrete is not thin enough to use as an overlay. He said that through this program bad areas of concrete streets will be patched with concrete. Council expressed appreciation for patching uniformity and regard to neighborhood aesthetics. Councilman Samuel questioned repairs to concrete streets without overlay and length of a temporary repair. He asked that the asphalt repairs on Robinson, Audrey and Bowen Streets be reviewed because they have gone beyond the four-month temporary repair time frame and asked for an update of LeBlanc Road. Further discussion included preservation of streets, and Councilman Moore requested investigation of Harriot Street from Fourth to Avenue A to see if attention can be directed to repairing that area before it suffers complete deterioration. He said this is the only through street in the neighborhood and is heavily traveled. Mr. Warner said section repairs may be a possibility. Resolution No. 233 was approved on a motion made by Councilman Goodson and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 92-234 authorizing submission of a grant application and execution of a grant agreement with the Texas State Department of Transportation in the amount of $123 , 142 . 00 for capital projects ($14, 085. 00) and operation expenses ($109, 057. 00) for the Beaumont Municipal Transit System was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- A Public Hearing was reconvened from August 25, 1992 , to consider the twenty-five (25) below listed dilapidated structures found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 1200 East Drive - M. L. McDowell, owner (14 violations) , Staff recommendation to raze or repair within 30 days; 325 E. Lucas (shed) and 325 E. Lucas - Elodia or Donnalita Rhem, owners (20 violations each) , Staff recommendation to raze each structure within 30 days; 370 E. LaSalle - Carolyn Mitchell, owner (13 violations) , Staff recommendation -193- September 1, 1992 to raze or repair within 30 days; 1518 Cable - Richard Hegele, Jr. , owner (20 violations) , Staff recommendation to raze within 30 days; 2085 Dexter - Dickson Investment Co. c/o Wm. S. Dickson, owner (22 violations) , Staff recommendation to raze within 30 days; 1190 Magnolia (commercial) - Jessie Wingate, owner (14 violations, Staff recommendation to raze within 30 days; 1165 Magnolia (22 violations) , 1167 Magnolia (23 violations) , and 1165 Magnolia (shed in rear) (14 violations) , - Margaret Soularie, owner, Staff recommendation to raze all structures within 30 days; 1197 Miller - Charles E. Jones, owner (23 violations) , Staff recommendation to raze within 30 days; 837-39 Jefferson (rear) - Gloria W. Searcy Young and Theodore R. Searcy, owners (23 violations) , Staff recommendation to raze within 30 days; 540-40 1/2 Schwarner - Bozie Boykin, owner (19 violations) , Staff recommendation to raze within 30 days; 355 Flowers (21 violations) and 355 Flowers (garage) (8 violations) - James A. Paulus ET UX, owner, Staff recommendation to raze both structures within 30 days; 1640 Tilson (front) , 1640 Tilson (shed), and 1640 Tilson (garage apt. ) - Percy Simon, owner (23 violations) , Staff recommendation to raze all structures within 30 days; 2675 Southerland - Mary D. Hunt, owner (21 violations) , Staff recommendation to raze within 30 days; 2550 Southerland - C. D. Byrd, owner (23 violations) , Staff recommendation to raze within 30 days; 3795 Goliad - Cephus Jackson, owner (12 violations) , Staff recommendation to raze within 30 days; 1660 Prairie - Edna L. Kirksey Cole, owner (24 violations) , Staff recommendation to raze within 30 days; 431 San Jacinto - Welton Daniels, owner (24 violations) , Staff recommendation to raze within 30 days; 1305 Crockett (commercial) (13 violations) and 1365-95 Crockett (commercial) (14 violations) - Warren Refrigeration and Manufacturing Co. , Inc. , owner, Staff recommendation to raze both structures 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 Clearance and Demolition 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. 4110 Brandon, 850 Bonham (shed) , 1249 Caldwell, 818 Catalpa, 3295 Glenwood, 996 Harriot, 2064-1/2 Jacobs, 2575 Jirou, 2575 Jirou (shed), 434-36 E. LaSalle, 2488 Magnolia (front) , 2325 Park (garage), 2115 Rusk, 3930 St. Helena, 3930 St. Helena (rear), 800 Schwarner (garage), 3675 Scranton, 2115 Texas, and 1955 Tulane. -194- September 1, 1992 There being no one to address Council regarding these structures, the Public Hearing was closed. Ordinance No. 92-67 declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by their owners was considered: ORDINANCE NO. 92-67 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. 92-67 was approved on a motion made by Councilman Moore and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Mayor Lord announced that an Executive Session will be conducted following the regular City Council meeting in accordance with Section 2 (e) of the Texas Open Meetings Act to discuss contemplated or pending litigation: Acquisition of Gulf States Utilities by Entergy Corporation, Etta Pearl Lewis v. the City of Beaumont, Gerald Upshaw v. the City of Beaumont, and Neilan and Marva Jacobs v. the City of Beaumont. -000- Councilman Moore asked the City Manager to see if fill dirt can be hauled in around the wading pool at Alice Keith Park before a South Park planned activity in October. He congratulated everyone that was part of the emergency effort last Tuesday, said the evacuation was a very eye- opening experience and revealed how vulnerable we could be in an actual hurricane emergency, and said it was a good decision to evacuate and complimented Mayor Lord, the Police Department and all others involved. Councilman Samuel also congratulated Mayor Lord and those involved in the evacuation, said it was handled in a timely fashion, applauded their response and expressed total agreement. He commended the Beaumont Housing Authority for the library that was formally opened last Saturday for Magnolia Gardens residents. He said it is a fine example of the City working with citizens of the community and other entities to bring about a good change, and said he feels the change should come about through our young people. Mayor Pro Tem Alter echoed the comments of Councilmen Samuel and Moore regarding the handling of the emergency situation by the Mayor, the -195- September 1, 1992 City, and Staff and Councilman Samuel 's comments about the library. Councilman Smith added her congratulations to Mayor Lord and all workers involved with the state of emergency, commented on evacuation traffic congestion, said she though the Mayor wisely called the state of emergency and was grateful "Andrew" decided not to pay us a visit. Mayor Lord commented that, as Mayor, she appreciated the support of the citizenry and the responses received. She said it was a team effort, and was not a difficult call to make with the information available at the time. She said citizen remarks have been very positive and soon there will be an evaluation session to discuss suggestions in the event other hurricane emergencies arise, such as printed materials to be distributed with specific evacuation instructions. She thanked Councilmembers who attended the library opening at Magnolia Gardens, said she was sorry to have missed it, but she was at the United Way "Day of Caring" effort. Mayor Lord asked that Staff monitor adherence to landscaping requirements by new parking lots . -000- Mr. Kent Adams, 4890 Littlewood, addressed Council in opposition to the acquisition of Gulf States Utilities by Entergy Corporation, said he was glad to see it as an item on the Executive Session, and asked Council to carefully study the issue and the economic impact it will have on the community. Mr. Henry Dannenbaum, 1567 Wall, addressed Council to commend community relief efforts for the victims of "Hurricane Andrew" in Louisiana. -000- There being no further business, the Regular Session of City Council was recessed to reconvene in Executive 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 September 1, 1992. Barbara Liming Deputy City Clerk -196- September 1, 1992