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MIN DEC 08 1992 Y REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD DECEMBER 8, 1992 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session the 8th day of December, 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 Audwin Samuel* Councilman, Ward III David W. Moore Councilman, Ward IV Absent: Brian R. Alter Mayor Pro Tem Councilman At Large Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk *Arrived at 2 : 15 p.m. during discussion of Dilapidated Structure Ordinance. -000- The Invocation was given by City Attorney Lane Nichols. The Pledge of Allegiance was led by Councilman Smith. -000- - Proclamation was issued honoring "Lois Matthews" for many contributions toward improving the quality of life in Beaumont through her continued, dedicated community service for over six decades, and as such, was recently selected to receive the 1992 Maury Meyers Award for community involvement. -000- Mr. Danny Ray, Manager of the Eleventh Street HEB Pantry Food Store, announced that HEB has established a tradition of thanking key community people who have helped them become a part of the community. Mr. Ray presented a large coconut cake in recognition of Mayor Lord's birthday today and in appreciation for the opportunity to participate and serve the City of Beaumont. -261- December 8, 1992 Y Mr. George Talbert, Environmental Manager, and Jeanne Mitchell, Community Services Director, on behalf of Mobil Oil and their seven operating companies and over 3, 000 employees in the area, presented a Christmas tree, decorated with ornaments made from recyclable materials by South Park, Austin, Crockett, Odom, Mother of Mercy, Beaumont Christian, Bowie, and St. Anne students, for placement in the foyer at City Hall. Mr. Talbert thanked Carol Williams, the City of Beaumont's Recycling Coordinator, and Betsy Boyd of the Beaumont Symphony for their guidance, support and assistance in coordinating the decorating activities and wished everyone a Merry Christmas and Happy New Year. -000- -. T. Capps, a Senior Industrial Engineering student at Lamar University, presented the 1992 Photometric Index survey conducted by the Industrial Technology Department of Lamar University for Beaumont by he and team members Paul Huynh, Virgil Clodfelter and Craig Dean under Dr. Tom Nelson's authority. Their report indicated that the overall litter accumulation was reduced by 18% in the past year, but three areas of concern that showed an increase in trash were loading docks, right-of- ways and parking lots. In addition, he reported litter not being properly deposited in commercial dumpsters and suggested stronger enforcement of litter laws and distribution of educational information to merchants regarding the problem. He also asked for support in trying to eliminate trash and litter along the highways and reported that the Photometric Index is given a false reading because highways and interstates are not included in the survey. He said that this is the first, and sometimes only, impression visitors have of Beaumont. Council expressed appreciation for the report and agreed that education and changed behavior patterns are needed for improvement in this area. Dr. Tom Nelson expressed appreciation to Dr. Gates and the Lamar students for conducting the Photometric Index survey, said there are sufficient litters laws that are not being enforced, but there are other efforts that are doing well. He said the reduction in litter is aided by volunteer cleanup programs such as the two city-wide cleanup efforts, two by the South Park Neighborhood Association, those by the Charlton- Pollard Neighborhood Association, and the special paint projects. He read a commendation from the State commissioning Beaumont as a "Keep Texas Proud" community and said a formal presentation will be made in January with designation signs to be placed at the city limits. Mayor Lord said that it is the wish of Council that litter law ordinances be enforced. -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 1 through 4. No one wished to address these subjects. -262- December 8, 1992 Y The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held November 24, 1992 ; Resolution No. 92-330 appointing Rob Clark, Chairman, of the Planning and Zoning Committee for a term expiring July 31, 1993 ; Bo Crawford to the Convention and Tourism Advisory Committee for a term expiring September 30, 1994 ; Mary Jowers to the Civil Service Commission for a term expiring January 31, 1995; Sharon McCabe to the Commission for the Prevention of Child Abuse for a term expiring June 30, 1993 ; and reappointing Elmer Embs, Vice-Chairman, of the Planning and Zoning Committee for a term expiring July 31, 1993 ; Dr. Edward C. Ludwig, Ingrid Fisk, David McCauley, Rip Kevin Lamb, and Elizabeth Pratt to the Animal Advisory Committee for terms expiring October 31, 1993 ; Resolution No. 92-331 authorizing an additional $2,000.00 to the final payment ($226,254.23 authorized by R-92-327, November 24, 1992) to APAC- Texas, Inc. for completion of the East Caldwood street reconstruction project to correct a calculation error on the Monthly Estimate Sheet, Item 26 Roadway Embankment, increasing the total contract cost to $590, 670.90; Resolution No. 92-332 authorizing purchase of one (1) hydraulic rescue tool for use by the Fire Department in the amount of $14,472.00 from Ferrara Firefighting Equipment of Baton Rouge, Louisiana; Resolution No. 92-333 authorizing purchase of portable performance staging, step rises and stage section repair kits for the Convention Facilities, Civic Center Complex in the amount of $29,453. 02 from Sico, Inc. of Minneapolis, Minnesota; Resolution No. 92-334 accepting a five foot (51 ) water line easement out of Lot 15, Block 4 of Briar Creek Subdivision, Section II from Mr. Ronnie Anderson on behalf of the Anderson Company; and Resolution No. 92-335 authorizing settlement of the claim of Janet Jones in the amount of $11, 000. 00. The Consent Agenda was approved on a motion made by Councilman Moore and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Ordinance No. 92-81 amending rate schedules for water and sanitary sewer service effective January 1, 1993, for an approximate 4.8% increase to the average residential user (based on 6, 000 gallon usage) was considered: -263- December 8, 1992 V ORDINANCE NO. 92-81 ENTITLED AN ORDINANCE AMENDING CHAPTER 28, ARTICLE 3 TO INCREASE WATER AND SEWER RATES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Ordinance No. 92-81 was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 92-336 authorizing a contract with the Beaumont Housing Authority under the Community Development Block Grant Program in the amount of $15, 000. 00 for purchase of security lighting, playground equipment and communication devices (two-way radios) to improve the safety and living conditions for residents in the Neches Park Homes housing complex was approved on a motion made by Councilman Moore and seconded by Councilman Smith. Question: Ayes: All Nayes: None On behalf of the residents of Neches Park Homes, Councilman Moore thanked Staff for realizing this purchase to be a good use of dollars and said it will send a positive message to the Beaumont Charlton- Pollard Neighborhood. Mayor Lord suggested this item be handled expeditiously. -000- Resolution No. 92-337 accepting street and storm sewer improvements on Briar Creek Drive from the existing pavement on Briar Creek Drive approximately 538 feet south, turning west for a distance of approximately 340 feet and ending with a cul-de-sac and Briar Way Drive from Briar Creek Drive approximately 310 feet west, turning north for a distance of approximately 315 feet ending with a cul-de-sac and water and sanitary sewer improvements for Lots 1 through 33, Block 1, in Briar Creek III, contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats and installation of streetlights, was approved on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 92-338 authorizing a ten-year contract for advertising on the City marquee with Coca-Cola Bottling Company, effective December 31, -264- December 8, 1992 4 1992 through December 31, 2002, providing for the payment of $55,000.00 over a five-year period with annual payments in the amount of $11,000. 00 beginning December 31, 1992, was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- - Public Hearing was called to consider the thirty-five (35) below listed dilapidated structures found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 3675 Glenwood - Chester Cary, ET UX, owner (20 violations) , Staff recommendation to raze within 30 days; 3414 St. James - Arthur Harmon, Jr. , owner (26 violations) , Staff recommendation to raze within 30 days; 3175 Dorothy - Beaumont Housing Finance Corp. c/o Housing Services, owner (12 violations) , Staff recommendation to raze or repair within 30 days; 2585 S. 4th (garage apt. ) (22 violations) , 2595 S. 4th (23 violations) , 2555 S. 4th (garage apt.) (16 violations) , 2525 S. 4th (commercial) (10 violations) - Pull, Inc. owner of all four structures, Staff recommendation to raze each structure within 30 days; 1590 College - Ruby Newsome, owner (16 violations) , Staff recommendation to raze within 30 days; 3106 W. Crockett - Bertha McDowell, owner (20 violations) , Staff recommendation to raze within 30 days; 1089 Gladys (Commercial) - Allan Vaughn and Maurice Walters, owners (12 violations) , Staff recommendation to raze within 30 days; 1390 Liberty # 1 and 2 - Lynda K. Pope, owner (22 violations) , Staff recommendation to raze or repair within 30 days; 445 Langham - Georgios A. Diamantis, owner (12 violations) , Staff recommendation to raze within 30 days; 1770 Herring - L. O. Redmon c/o Roberta Redmon, owner (23 violations) , Staff recommendation to raze within 30 days; 740 Grant and 720 Grant - Majorie Broussard, owner (23 violations each structure) , Staff recommendation to raze both structures within 30 days; 1555 Elgie - Anthony Charles Ross, owner (17 violations) , Staff recommendation to raze or repair within 30 days; 2355 Euclid - Michael Dalco, owner (22 violations) , Staff recommendation to raze within 30 days; 883 Gladys (22 violations) , 808 Isla (23 violations) , 808 Isla (shed) (11 violations) , and 810 Isla (23 violations) - John and Frankie DeYoung, owners, Staff recommendation to raze all structures within 30 days; 1235 Maple (22 violations) and 1245 Maple (19 violations) - Mollie Bean, owner, Staff recommendation to raze both structures within 30 days; 1525 Linson - Ernest R. Robertson, owner (14 violations) , Staff recommendation to raze within 30 days; 2440 Forrest - John and Frankie DeYoung, owners (20 violations) , Staff recommendation to raze within 30 days; 1044 Forrest - City of Beaumont, owner (21 violations) , Staff recommendation to raze within 30 days; 1010 IH 10 East (commercial) - Frank A. Adams, owner (8 violations) , Staff recommendation to raze or repair within 30 days; 1094 Cottonwood - John and Frankie DeYoung, owners (21 violations) , Staff recommendation to raze within 30 days; 2095 Grand - J. C. Colley, owner (14 violations) , Staff recommendation to raze within 30 days; 240 Lethia - Flora Jackson -265- December 8, 1992 V c/o Mollie Bean, owner (19 violations) , Staff recommendation to raze within 30 days; 2704 Grand - Carl W. Houg, owner (12 violations) , Staff recommendation to raze or repair within 30 days; 3595 Scranton - John L. Smith, owner (22 violations) , Staff recommendation to raze within 30 days; 2145 Renaud - Vernice Cole Sampson c/o Buddy Cole, owner (13 violations) , Staff recommendation to raze within 30 days; 2055 Hayes Lane - Warren Brothers, Inc. , owner (20 violations) , Staff recommendation to raze within 30 days; and 4870 Ironton - Robert L. Poole, 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 seventeen (17) 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 Community Development Division of the Administrative Services Department is requesting authorization from the City Council to demolish these structures in accordance with the Dangerous Structure Ordinance and charge the property owners with the cost of the demolition. 1595 Avenue A, 1405 Cable, 1960 Cable, 1425 Corley, 1427 Corley (rear), 2037 Corley, 385 Frederick (G.A. ) , 2150 Gill, 831 Gladys (commercial) , 2240 Jacobs, 1064 Long, 1599 Madison, 450 Manning, 1828-30 Sabine Pass, 1840 Sabine Pass, 1840 Sabine Pass (G.A. ) , and 1080 Trinidad. There being no one to address Council regarding these structures, the Public Hearing was closed. Ordinance No. 92-82 declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by their owners was considered: ORDINANCE NO. 92-82 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. (Councilman Samuel arrived. ) Councilman Moore questioned City ownership of 3175 Dorothy and 1044 Forrest. Field Supervisor for the Community Development Department, Lawrence Baker explained that upon receiving ownership, the City's -266- December 8, 1992 intent was to rehabilitate 3175 Dorothy, but because of the excessive rehabilitation required, recommendation was made for condemnation. In addition, Mr. Baker said numerous citizen complaints have been received regarding break-ins to that structure and that 1044 Forrest has been in a state of dilapidation for several years. Councilman Moore expressed a desire to rehabilitate and replace housing stock as much as possible. Ordinance No. 92-82 was approved on a motion made Councilman Moore and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Mayor Lord announced that an Executive session will be held following Workshop Session in accordance with Section 2 (e) of the Texas Open Meetings Act to discuss contemplated or pending litigation: David Ray Harris vs. Joe Herrera Jr. Et Al. -000- Councilman Moore reported that while at the National League of Cities Conference in New Orleans, he attended very interesting workshops with various perspectives and the ones that stand out to him were led by George McKinna, Superintendent of Schools in Englewood, California. He said Mr. McKinna was absolutely dynamic and straighforward and did not blame the weakness of education on anyone but the school system. He said every workshop of Mr. McKinna's had standing room only, and he was a breath of fresh air in regards to education. Also, Councilman Moore complimented Staff on the completion of several new homes as part of the City's Affordable Housing Program. He said that "children are our future, " and relayed how impressed he was with the children, especially four-year old Terrence Reed, that performed in the lobby of City Hall in celebration of the Christmas season this morning. Councilman Samuel said the Open House ceremony at the home on Cable Street was very pleasing and portrayed the good that is happening in our community, and he commended Staff for their efforts. He also commented on the performance by the children this morning. He noted that the children expressed love in a world of problems, cruelty and hate, which he said, renews hope that if we think as the children, we can make this world a better place. Lastly, Councilman Samuel said he has received several complaints on the old Amuny Liquor Store on Magnolia. He questioned if this structure is under consideration for demolition. Mr. Lawrence Baker reported this building has become a part of the demolition process. Councilman Smith concurred that "Superintendent McKinna is the greatest breath of fresh air, particularly, in education. . .encountered in years. " She quoted him as saying the problem lies with the school system, and that money will not solve the problem. She also expressed pride in the -267- December 8, 1992 r newly-constructed affordable homes and the delight they are to the neighborhood. She said that the family was highlighted at the National League of Cities Conference--the crisis of the families and the crisis of the cities, and that education was honed in upon even though many of those attending had no direct authority with education. However, Councilman Smith said she feels priorities need to be rethought, and that at the time for budget planning, consideration needs to be given to human services to reach children. She said that in looking at the faces of the children today, she realized that some special talent lies within each of them and needs to be developed at an early age in an effort to save our inner cities. Mayor Lord added her pleasure with the children's program today and said she felt some of the children were intimidated by the television camera lights and adults, but carried on anyhow, showing their courage and ability. In New Orleans, she said she was unable to attend Mr. McKinna's workshops, but was involved in meetings with other mayors discussing individual problems and was delighted to speak with Mr. Bradley of Los Angeles, and he is going to send copies of ordinances that are working well in their city for Beaumont to consider, if they prove to be applicable to our community. She said these meeting provide a good exchange of ideas and new tools to better communities and solve problems and are well worth the effort of attending. Also, she said "Sunday in the Park" was wonderful, the Symphony of Trees was great with a very good turnout, and the holiday season is truly launched. -000- Mr. Roberto Flores, 2425 Buchanan, father of a Beaumont police officer, addressed Council to seek support of the Police Department in the wake of complaints that contend police brutality in a recent arrest. Council confirmed their support of the police officers and said they consider each complaint individually. -000- There being no further 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 December 8, 1992 . Rosemarie Chiappetta City Clerk -268- December 8, 1992