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Home My WebLink AboutMIN AUG 29 1989 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD AUGUST 29, 1989 - 1: 15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 29th day of August, 1989, with the following present: HONORABLE: Maurice Meyers Mayor Bob Lee, Jr. Mayor Pro Tem Councilman At Large Andrew P. Cokinos Councilman At Large Lulu L. Smith Councilman, Ward I Michael Brumley 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 Mr. Cliff Mouser of the Baptist Student Union at Lamar University. The Pledge of Allegiance was led by Councilman Moore. -000- Mayor Meyers welcomed Mr. Jimmy Cokinos, former mayor of Beaumont, to City Council. -000- One Proclamation was issued: "Drive for Life Weekend, " September 2-4, 1989, emphasizing safe driving for the Labor Day weekend. -000- Citizen comment was invited on the Consent and Main Agenda. No one wished to address these items. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held August 22 , 1989; Resolution No. 89-173 appointing Katie Lane Duff to the Parks and -233- August 29, 1989 Recreation Advisory Commission for a term expiring June 30, 1991; Resolution No. 89-174 authorizing condemnation proceedings to acquire a parcel of land, an area of 414 square feet situated on the southwest corner of Liberty Avenue and the M. L. King Parkway route, needed for the Martin Luther King, Jr. right-of-way which could not be acquired through negotiations with owners, Billy G. and Margaret E. Williford; and Resolution No. 89-175 authorizing purchase of a minor' s one fortieth interest in 5. 288 acres in the A. Williams Survey, Abstract 59, for $302.78 from Clyde D. Hebert, guardian of the estate of Jeffery Hebert, a minor, the remaining property which is to be donated for future extension of Dowlen Road from College to Walden Road. The Consent Agenda was approved on a motion made by Councilman Samuel and seconded by Councilman Lee. Question: Ayes: All Nayes: None -000- An ordinance calling a Charter Change election and offering options for the election of the mayor and councilmembers as a ballot proposition was considered: ORDINANCE NO. ENTITLED AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD IN THE CITY OF BEAUMONT, TEXAS, ON THE 7TH DAY OF NOVEMBER, 1989, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF BEAUMONT OPTIONAL PROPOSITIONS FOR THE AMENDMENT OF THE CITY CHARTER, PROVIDING FOR PLACES WHERE SUCH ELECTION SHALL BE HELD; PROVIDING FOR THE HOLDING OF SUCH ELECTION, INCLUDING THE NAMING OF OFFICIALS TO CONDUCT SUCH ELECTION; SETTING FORTH THE PROPOSITION TO BE VOTED ON; PROVIDING FOR A JOINT ELECTION; PROVIDING FOR NOTICE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR FINAL PASSAGE. After a brief explanation of possible ballot alternatives and a short discussion by Council regarding a potential election, Councilman Cokinos requested from City Attorney Lane Nichols the specific authorization allowing Council to place a Charter change on an election ballot. Mr. Nichols did not have the information readily available. Therefore, the item was deferred for action while Mr. Nichols obtained the information, and Council continued with business items two through five. -000- -234- August 29, 1989 Ordinance No. 89-65 authorizing abandonment of an alley in Block 21, W. W. Chaison Addition, extending from Nolan to East Lavaca, requested by Hossein Ghanbari, owner of the Quick Market convenience store and washateria at 4015 Park Street, for security reasons was considered: ORDINANCE NO. 89-65 ENTITLED AN ORDINANCE VACATING AND ABANDONING A TWENTY FOOT ( 201 ) WIDE ALLEY LOCATED IN BLOCK 21 W. W. CHAISON ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 89-65 was approved on a motion made by Councilman Lee and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 89-176 awarding a contract for furnishing approximately 35 personal computer systems with various options over a 12-month period to Zenith Data Systems of Houston ( Zenith 286--AT-Compatible-- with external 5-1/2" floppy drive and monochrome monitor, $2,043 ; color monitor, $2, 243 ; and Zenith 286--AT-Compatible--with internal 3-1/2" floppy drive and monochrome monitor, $1,774; color monitor, $1,974) was approved on a motion made by Councilman Moore and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Resolution No. 89-177 authorizing purchase of 15 Mobile Radio Units for the Police Department at $1,083 . 85 each, totaling $16,257.75; 15 Portable Radio Units for the Police Department at $998. 27 each, totaling $14,974. 05; and 45 Mobile Radio Units for the Water Utilities and Sanitation Departments at $933 . 29 each, totaling $41,998 .05 from Bartlett Electronics was approved on a motion made by Councilman Moore and seconded by Councilman Lee. Question: Ayes: All Nayes: None -000- Resolution No. 89-178 authorizing the filing of grant applications to the Texas State Department of Highways and Public Transportation for the Occupant Protection/S.T.E.P. project (to increase the use of seat belts and child safety seats) in the amount of $19,575, or 750 of the budget amount, and the TRASER/S.T.E.P. project (to reduce traffic accidents by 50) in the amount of $10, 000, or 1000 of the amount needed during FY 1990, was approved on a motion made by Councilman Moore and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- -235- Council resumed discussion on Agenda Item 1 to consider calling a Charter change election and offering options for the ballot proposition. City Attorney Nichols, in answer to Councilman Cokinos previous question regarding the legality and authority by which Council can call an election for a Charter change, read Section 9 . 004 of the Local Government Code, "The governing body of a municipality on its own motion may submit a proposed Charter amendment to the municipality' s qualified voter for their approval at an election. " Councilman Cokinos stated that as far as he knew, "there' s no hue or cry coming from the people" for a Charter change and he did not feel the Charter should be tampered with or changed. Councilman Samuel restated that unless Council is presented with a petition from the citizens, he sees no need for a change. Councilman Smith said she feels that voter apathy cannot be corrected by an election procedure. A motion made by Councilman Lee and seconded by Mayor Meyers to approve the Ordinance presenting three options to the voters at a Special Election on November 7, 1989: ( 1. ) extend the term of Mayor and At- Large Councilmembers in order to elect all Councilmembers at the General Municipal Election in 1991, thereafter the Mayor and all Councilmembers shall be elected for two ( 2) year terms ( 2. ) temporarily extend the term of the Mayor in order to elect the Mayor and all Ward Councilmembers at the General Municipal Election in 1991 to two ( 2) year terms, and ( 3 . ) continuation of the present schedule of elections and terms failed to pass. Question: Ayes: Mayor Meyers Nayes: Councilman Councilman Lee Cokinos Councilman Councilman Brumley Smith Councilman Samuel Councilman Moore -000- A public hearing was called to consider thirty-nine ( 39) below-listed structures found to be in violation of the City of Beaumont' s Dangerous Structure Ordinance, Article III, Section 14-50: 810 Delaware - Johnnie Joseph, owner ( 23 violations) , Staff recommendation to raze within 30 days; 3402 Texas (rear) - Raymond Egland, Sr. , owner ( 24 violations) Staff recommendation to raze within 30 days; 3415 Pine - ( 22 violations) , 3415 Pine (rear) - ( 22 violations) , 3477 Pine - ( 24 violations) , 3479 Pine - ( 22 violations) , 3481 Pine - ( 22 violations) , Ed Seale, owner of all five properties, -236- August 29, 1989 Staff recommendation to raze each property within 30 days; 3370 Taliaferro - Jeanette Holloway Eaglin, owner ( 20 violations) , Staff recommendation to raze within 30 days;' 3350 Taliaferro `- John R. Ware, owner ( 20 violations) , Staff recommendation to raze within 30 days; 3330 Taliaferro - Jeanette Holloway Eaglin, owner ( 18 violations) , Staff recommendation to raze within 30 days; 2255 Johnson - Mark Freels, owner ( 9 violations) , Staff recommendation to raze within 30 days; 5090 Pine Burr - J. Ted Meinscher, owner ( 22 violations) , Staff recommendation to raze or repair within 30 days; 140 Pollard - H. L. & T.M. Warren, owners ( 19 violations) , Staff recommendation to raze within 30 days; 350 Pollard - Fabius and Edna Jones, owners ( 19 violations) , Staff recommendation to raze within 30 days; 1975 St. Anthony - Eva Mae Clark, owner ( 16 violations) , Staff recommendation to raze within 30 days; 3460 Taliaferro - Walter Espritt c/o Theresa Lewis, owner ( 21 violations) , Staff recommendation to raze within 30 days; 3150 Kent - Toppie Lewis, owner ( 22 violations) Staff recommendation to raze within 30 days; 660 Prince - Donna Obey, owner ( 24 violations) , Staff recommendation to raze within 30 days; 3640 Youngstown - Frank and Edith Costanza, owners ( 20 violations) , Staff recommendation to raze or repair within 30 days; 7945 Mitchell - ( 21 violations) and 7945 Mitchell (shed) - ( 6 violations) , R. C. Rhodes, owner of both properties, Staff recommendation to raze each within 30 days;1450 Lyle (apt. complex) - Bruce Craig, owner ( 20 violations) , Staff recommendation to raze within 30 days; 1134 Laurel (rear 1B) - Kathia Thomas, owner ( 27 violations) , Staff recommendation to raze within 30 days; 1898 Prairie (garage) - Shirley Chatman, owner ( 9 violations) , Staff recommendation to raze within 30 days; 745 Prairie - K. W. Simpson, owner ( 23 violations) , Staff recommendation to raze or repair within 30 days; 2825 Sabine Pass and 2825 Sabine Pass (rear) - James Pope, owner ( 23 violations each) , Staff recommendation to raze or repair each unit within 30 days; 2412 Pennsylvania - Salvation Army, owner ( 22 violations) , Staff recommendation to raze or repair within 30 days; 1690 Madison - Dorothy Hughes, owner ( 23 violations) , Staff recommendation to raze or repair within 30 days; 2355 Pear - Lawrence Jean Louis, owner ( 15 violations) , Staff recommendation to raze within 30 days; 3632 St. James - Emerson Forward, owner ( 22 violations) , Staff recommendation to raze within 30 days; 3455 St. James ( 22 violations) and 3445 St. James ( 24 violations) - Amelia Melonson c/o Edward Melonson, owner of both properties, Staff recommendation to raze each unit within 30 days; 1840-50 North (garage apt. ) - Wilfred Como, Jr. c/o Betty Washington, owner ( 15 violations) , Staff recommendation to raze within 30 days; 1045 Long (garage) - Veterans Administration, owner ( 6 violations) , Staff recommendation to raze within 30 days; 1360 Long - Keith Dillard, owner ( 16 violations) , Staff recommendation to raze within 30 days; 2590 Coast - Carol Decuir, owner ( 17 violations) , Staff recommendation to raze or repair within 30 days; and 3775 Marie - Steven Peterson, owner ( 13 violations) , Staff recommendation to raze within 30 days. These parcels of property have been inspected 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. -237- August 29, 1989 The fifteen ( 15) 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 been revealed non-compliance with the Council' s order. The Public Safety 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 demolitions: 1430 Brevis, 572-74-76-78 Buford, 1120 Buford, 1130 Buford, 960 College, 1125 Forrest, 1139 Forrest, 1370 Forrest, 3465-67 Grand, 635 Jackson, 635 Jackson (rear) , 650 Jackson, 864 Jackson, 842 Miller, and 1193 Miller. Mr. Joseph Louis, 11042 Woodshadow, Houston, representing his brother Lawrence Louis, owner of property at 2355 Pear, who is paralyzed and very ill, said he has already cleaned the property and torn down a garage and requested that he be given time to level the house and repair it so it can be rented for income to add to his brother' s Social Security income. Mr. Nick Toparcean of the Building Codes Division said his Staff would be willing to change their recommendation to raze the property within 30 days and develop a work program for Mr. Louis. Mayor Meyers asked Mr. Louis to meet with Mr. Toparcean to discuss a work program. There being no one else to address Council regarding these structures, the Public Hearing was declared closed. Ordinance No. 89-66 declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by their owners was considered. ORDINANCE NO. 89-66 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. 89-66 amended to delete the property at 2355 Pear from Section 3 of the ordinance was approved on a motion made by Councilman Cokinos and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Councilman Brumley reminded everyone that the grand finale of "Concerts on the Move" season will be Thursday, September 7th at 7: 00 p.m. with the Westbrook and Central High School bands performing. In addition to a good "Concert on the Move" performance, this will also be a great way to kick off the football season for the schools. -238- August 29, 1989 Councilman Lee announced that "Main Street on the Neches" plans for September are progressing and congratulated Councilman Smith for her election as Secretary of Region 16 Texas Municipal League. Councilman Moore reported that last Sunday' s "Sunday in the Park" activities proved to very successful again with Crazy Jose' s and Radio Station B-95 as sponsors and that he and Councilman Samuel known to the children as the "Dynamic Duo" read stories to the children. Councilman Samuel affirmed that "Sunday in the Park" was a great day of fun and activities with the children. -000- Mr. Gerald Buckley, representing NIBTD Coalition in Tyrrell Park, addressed Council regarding Tyrrell Park residents being placed between Beaumont' s landfill and Browning Ferris Industries landfill, if BFI is granted a permit application at the public hearing on September 19th at the Beaumont Hilton. After citing reasons for not wanting the landfill in the area, Mr. Buckley requested Council to consider being a party opposing the application at the public hearing. Mrs. Marie Hubbard, 1990 Nora, addressed Council to state that she did not think a Charter change will affect voter apathy, but suggested that boosting citizen moral and getting them involved in local is a better answer to the problem. Mr. Henry Dannenbaum, 1567 Wall Street, addressed Council to pay public tribute to Dr. Bill Franklin and Dr. Joe Austin, BISD School Superintendent, and in support of the Mayor and Council. -000- There being no further business, the meeting was recessed before continuing with the 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 August 29, 1989. Barbara Liming Deputy City Clerk -239- August 29, 1989