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HomeMy WebLinkAboutMIN MAR 22 1994 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MARCH 22, 1994 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 22nd day of March, 1994, with the following present: HONORABLE: Evelyn M. Lord Mayor Guy N. Goodson Mayor Pro Tem Councilman, Ward II Andrew P. Cokinos Councilman At Large Brian R. Alter Councilman At Large Lulu L. Smith Councilman, Ward I John K. Davis Councilman, Ward III David W. Moore Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by Dr. Roger Harano, pastor of Westminster Presbyterian Church. The Pledge of Allegiance was led by Councilman Davis. -000- One Proclamation was issued: "American Red Cross Month, " March, 1994 . -000- Citizen comment was invited on the Consent and Main Agendas. 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 March 8, 1994 ; Resolution No. 94-60 appointing Karen McKinney for a term expiring March 21, 1996 and Mary Ellen '$Elena" Guerrero for a term expiring August 10, 1994 to the Beaumont Advisory Commission for the Prevention of Child Abuse and Neglect; Gerald Clark to the Reinvestment Zone No. 1 Board of Directors for a term expiring March 21, 1996; Carol Mattingly and -61- March 22, 1994 Josephine Schwartz to the Sister City Commission for terms expiring March 21, 1996; Bob Hadley to the Airport Advisory Committee for a term expiring June 15, 1994 ; Bruce Johnson to the Community Development Advisory Committee for a term expiring September 26, 1995; and Bruce Johnson to the Small Business Revolving Loan Fund Advisory Committee for a term expiring November 8, 1995; Resolution No. 94-61 authorizing an annual contract with Weskem-Hall to supply approximately 22,000 gallons of sodium bisulfite at $.8780 per gallon for an approximate total expenditure of $19, 316.00; Resolution No. 94-62 accepting Water and Sanitary Sewer Improvements: Lots 1 through 15, being 2 .8374 acres of land out of the Hezekiah Williams League, constructed in Winchester West Place (Winchester Cove) and to be maintained by the City contingent upon filing of the final plat, complete with filings of all rights-of-way and easements required on preliminary and final plats; and Resolution No. 94-63 approving waiver of penalty and interest on tax accounts, pursuant to Section 33 . 011 of the Texas Property Code, as each taxpayer's failure to pay was caused by a billing error or similar mistake for: Habeeb Nacol--Account No. 007181-001800, $44. 01; Wink, Inc.--Account No. 035650-004100, $31.74 ; Sam Lavalle--Account No. 044450- 015600, $115.56; Quincy Lewis--Account No. 046760-011300, $69.72; Clay Wilkerson--Account No. 057350-003800, $184.27; James Franklin--Account No. 256415-003700, $261.82 ; Steinhagen Oil Co.--Account No. 300017- 018800, $80.98 ; Shelda Randall--Account No. 700000-514320, $38.92 ; Ruby Newsom--Account No. 700000-523150, $8.95; and Richard Matak--Account No. 700000-646325, $25.82 . The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Ordinance No. 94-13 authorizing a Section 43 rate examination of Gulf States Utilities/Entergy Corporation, establishing March 31 as the date from which savings will be measured, provide a schedule for filing of financial information by Gulf States Utilities and the City's consultants and set a public hearing as required by the Public Utility Regulatory Act was considered: -62- March 22, 1994 ORDINANCE NO. 94-13 ENTITLED AN ORDINANCE DIRECTING GULF STATES UTILITIES COMPANY TO FILE CERTAIN INFORMATION WITH THE CITY OF BEAUMONT; SETTING A TEST YEAR TO BE USED BY GULF STATES UTILITIES COMPANY IN ITS FILING; SETTING A PROCEDURAL SCHEDULE FOR THE GATHERING AND REVIEW OF NECESSARY INFORMATION IN CONNECTION THEREWITH; SETTING DATES FOR THE FILING OF THE CITY'S ANALYSIS OF THE COMPANY'S FILING AND THE COMPANY'S REBUTTAL TO SUCH ANALYSIS; AND SETTING A PUBLIC HEARING FOR THE PURPOSES OF DETERMINING IF THE EXISTING RATES OF GULF STATES UTILITIES COMPANY ARE UNREASONABLE OR IN ANY WAY IN VIOLATION OF ANY PROVISION OF LAW AND THE DETERMINATION BY THE CITY OF BEAUMONT OF JUST AND REASONABLE RATES TO BE CHARGED BY GULF STATES UTILITIES COMPANY. City Attorney Lane Nichols, in response to questions raised by Council, explained terminology and filing a Section 42 rate examination of Gulf States Utilities and Entergy Corporation is the legal procedure to formally acquire any savings resulting from the merger of these two companies due ratepayers in Beaumont. Ordinance No. 94-13 was approved on a motion made by Councilman Alter and seconded by Councilman Smith. Question: Ayes: Mayor Lord Nayes: None Mayor Pro Tem Goodson Councilman Alter Councilman Smith Councilman Davis Councilman Moore Abstained: Councilman Cokinos -000- Ordinance No. 94-14 amending Chapter 10 of the Code of Ordinances concerning procedures for ordering certain dangerous structures to be repaired, razed or secured was considered: ORDINANCE NO. 94-14 ENTITLED AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT CONCERNING THE PROCEDURES FOR ORDERING CERTAIN DANGEROUS STRUCTURES TO BE REPAIRED, RAZED, OR SECURED; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. -63- March 22, 1994 Ordinance No. 94-14 was approved on a motion made by Mayor Pro Tem Goodson and seconded by Councilman Davis. Question: Ayes: All Nayes: None Ordinance No. 94-15 amending Chapter 14 of the Code of Ordinances to add regulations concerning the securing of unoccupied buildings was considered: ORDINANCE NO. 94-15 ENTITLED AN ORDINANCE AMENDING CHAPTER 14 TO ADD REGULATIONS CONCERNING THE SECURING OF UNOCCUPIED BUILDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Ordinance No. 94-15 was approved on a motion made by Mayor Pro Tem Goodson and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Resolution No. 94-64 authorizing a five-year lease purchase agreement for a fire pumper truck for the Fire Department with Security Capital Corporation at the rate of 52.5 basis points below the yield rate of the 4-3/4% Coupon Treasury Notes and authorizing a three-year lease purchase agreement for an excavator for the Solid Waste Management Department from First Interstate Bank at the rate of 10 basis points below the yield rate of the 7-3/4% Coupon Treasury Notes was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 94-65 accepting the bid submitted by Golden Triangle Pipe for the purchase of municipal water and sewer pipe for the Water Distribution and Sewer Maintenance Divisions in the amount of $56,514.93 was approved on a motion made by Councilman Smith and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 94-66 authorizing an annual contract with BFI Waste Systems to furnish street sweeping services at $19.43 per curb mile in the Central Business District; $36. 04 per curb mile for arterial streets; $90. 00 per hour for scheduled sweeping; and $109. 00 per hour for unscheduled sweeping was approved on a motion made Councilman Cokinos and seconded by Councilman Alter. Question: Ayes: All Nayes: None -64- March 22 , 1994 Resolution No. 94-67 authorizing a three-year contract for auctioneering services with Rene' Bates Auctioneers, Inc. at a cost of 4.4799% of total sales was approved on a motion made by Councilman Smith and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 94-68 authorizing annual contracts for approximately 991 meters for the Water Distribution and Customer Service Divisions of the Public Utilities Department with Coburn Supply for: 2" Turbine Meter without Pit Lid Device at $254.94 ; with Golden Triangle Pipe for: 1" PD Meter without Pit Lid Device at $63.19, 1-1/2" PD Meter without Pit Lid Device at $159. 06, 2" PD Meter without Pit Lid Device at $231.05, 3" Turbine with Pit Lid Device at $544. 68, 4" Turbine with Pit Lid Device at $849.40, 6" Fire Service with Trainer and Pit Lid Device at $2,865.98, 6" x 2" Fire Line with Strainer and Pit Lid Device at $3,802.76, 8" Fire Service with Strainer and Pit Lid Device at $4, 125.50, 8" x 2" Fire Line with Strainer and Pit Lid Device at $6, 185.78, and Digital Reader at $416.59; and with International Supply for: 5/8" x 3/4" PD Meters without Pit Lid Device at $24.75, 2" Turbine with Pit Lid Device at $334. 00, 2" Compound with Pit Lid Device at $1, 025. 00, 3" Compound with Pit Lid Device at $1,400. 00 and 4" Compound with Pit Lid Device at $1,920. 00 was approved on a motion made by Councilman Moore and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Resolution No. 94-69 authorizing a contract with Elliot Equipment and Construction Company in the amount of $41,799. 00 for construction of an unloading facility at the entrance of the City landfill was approved on a motion made by Councilman Alter and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 94-70 authorizing participation in an interlocal agreement (Beaumont, Nederland, Port Neches, Groves, LNVA, Kountze, Sour Lake, China, Bevil Oaks, Nome, Lumberton M.U.D. , West Jefferson County Municipal Water District, and Port Arthur) for a Regional Water Study for portions of Hardin and Jefferson Counties, naming the Lower Neches Valley Authority as the lead agency and approving the City of Beaumont's contribution to be $20, 000. 00 toward the local matching funds was considered. Mayor Pro Tem Goodson announced that he will abstain from voting on this item because his law firm has served as legal counsel for entities involved in the agreement. -65- March 22, 1994 Resolution No. 94-70 was approved on a motion made by Councilman Smith and seconded by Councilman Moore. Question: Ayes: Mayor Lord Nayes: None Councilman Cokinos Councilman Alter Councilman Smith Councilman Davis Councilman Moore Abstained: Mayor Pro Tem Goodson -000- A Public Hearing was called to consider the twenty-two (22) below listed dilapidated structures found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50; 8210 Broussard - Ernest L. Revia, owner (25 violations) , Staff recommendation to raze within 30 days; 8130 Broussard (25 violations) and 8130 Broussard (shed) (9 violations) - Denver Freeman ET UX c/o Bonnie Freeman, owner, Staff recommendation to raze both structures within 30 days; 10315 Dusty Lane - Hennie Bean, owner (21 violations) , Staff recommendation to raze within 30 days; 7427 Black Lane - Norman D. Stewart, owner (25 violations) , Staff recommendation to raze within 30 days; 1392 Cable - George Michael, owner (23 violations) , Staff recommendation to raze within 30 days; 1410 Cable - Jenette Alex, owner (24 violations) , Staff recommendation to raze within 30 days; 1298 Gladys - T. J. Charlton, Jr. , owner (17 violations) , Staff recommendation to raze within 30 days; 1428 Liberty - Charles E. Jones, owner (25 violations) , Staff recommendation to raze within 30 days; 2088 Tulane (20 violations) and 2088 Tulane (sheds) (10 violations) - C. J. LeBlanc, owner, Staff recommendation to raze all structures within 30 days; 3395 Lampassas - Robert O'Conner, owner (23 violations) , Staff recommendation to raze within 30 days; 3250 Ledet - Ernest Simien, Jr. , owner (25 violations) , Staff recommendation to raze within 30 days; 3955 Nathan - Lawrence Briggs, owner (23 violations) , Staff recommendation to raze within 30 days; 1595 Avenue A (garage apt. ) - Daniel W. Jordon, Jr. , owner (23 violations) , Staff recommendation to raze within 30 days; 2555 Atlanta - Margery Koffman King, owner (24 violations) , Staff recommendation to raze within 30 days; 1745 Corley (garage) - The Savings Bank, owner (10 violations) , Staff recommendation to raze within 30 days; 2270 Franklin (apartment house) - Jerry Paul Bernard, owner (24 violations) , Staff recommendation to raze within 30 days; 3080 Hollywood - Alice G. Gilbert, owner (25 violations) , Staff recommendation to raze within 30 days; 96 5th Street (garage apt. ) - James H. Cook, owner (22 violations) , Staff recommendation to raze within 30 days; 1666 Washington Boulevard - John and Frankie DeYoung, owners (25 violations) , Staff recommendation to raze within 30 days; and 3275 Washington Boulevard (commercial) - Frank Harmon, Sr. , owner (21 violations) , Staff recommendation to raze within 30 days. -66- March 22, 1994 The above-listed parcels of property have been inspected, are vacant and have been 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 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 revealed non-compliance with the Council 's order. The Community Development Division of the Administrative Service 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 demolition: 680 Avenue E, 10715 Black Lane, 867 Catalpa, 3145 Christopher, 3150 Cordova, 3525 Edmonds, 3610 Fannett Road (commerciall, 1520 E. Gill, 5530 Helbig Road, 1780 Herring, 3695 Houston, 2030 Leight, 2195 Leight, 3172 Pine and 275 E. Simmons (front) . There being no one to address Council, the Public Hearing was closed. Ordinance No. 94-16 declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by the owners and authorizing the removal of certain other structures whose owners failed to comply with condemnation orders was considered: ORDINANCE NO. 94-16 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND/OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Ordinance No. 94-16 was approved on a motion made by Councilman Alter and seconded by Mayor Pro Tem Goodson. Question: Ayes: All Nayes: None -000- Mayor Pro Tem Goodson said he was pleased to represent Beaumont in Kountze on Saturday at their fundraising program for a city youth center and attend a parade featuring the three-time former heavyweight boxing champion Muhammad Ali along with Kountze Mayor Charles Bilal. Also, Mayor Pro Tem Goodson said he attended a committee hearing in Austin on Monday for the upcoming TML legislative agenda and said he thinks this will be a busy fall and spring season dealing with initiatives and unfunded mandates. Mayor Lord thanked Mayor Pro Tem Goodson for representing the City on -67- March 22, 1994 her behalf and said she received many good reports of the event. Councilman Smith reported that she and Councilman Moore attended the National League of Cities Conference where Councilman Moore played a large role, and said it was a busy four days packed with a lot of information and a lot of unfunded mandates. She said that finally, some of the Senators and Representatives are realizing that passing down unfunded mandates is not reasonable, but changes may not be made in this session of Congress. She said not a lot was said about health care, there are too many bills, too much vested interest, too many partners, and it is very difficult to forecast what will pass. She added that this is the first time in many years that health care was not included in the top five priorities, but was number six. Crime, unfunded mandates and other issues are much more important. Health care is not the crisis that is most pressing. Mayor Lord interjected that we must thank the National League of Cities and the U. S. Conference of Mayors for their concerted efforts regarding unfunded mandates and called attention to the latest issue of Government Magazine where they list the problems of the American city that have improved and those which have worsened. She said "unfunded mandates headed the list, above gangs, representing a problem to the American city. " She said policing is the area that has improved the best. Councilman Moore confirmed this was the busiest National League of Cities Conference he ever attended, said he had the opportunity to moderate a panel with Henry Cisneros and Rodney Slater, from the Federal Highway System, where they discussed regionalism and strategies needed for cities to be successful, and said that in every session the topic of unfunded mandates surfaced. Councilman Moore said he had a private meeting with Secretary Cisneros to discuss specific issues affecting our area and an opportunity to address rebuilding neighborhoods in Beaumont. He said we all need to become more aware of the super highway information system because of the effect it will have upon us, and locally, he said we need to remain aware of franchise fees regarding cable companies and the potential of telephone companies entering this area of business exempt from franchise fees and the possibility of cities losing this revenue. Lastly, he announced that Beaumont will be the site of the fall Transportation Communication Steering Committee meeting, and that after coming home from this conference, he went to Austin during spring break to cheer on 40 students representing Beaumont in a basketball tournament, including his two sons, with one team winning and the other playing gallantly! Mayor Lord said that a check exceeding a half-million dollars was delivered to the City of Beaumont in payment of cable television franhcise fees. Councilman Davis pointed out that Councilman Moore is is not only a member, but Chairman of the National League of Cities Tranporation -68- March 22, 1994 Communication Steering Committee, invited Council to attend the Northend Neighborhood Association meeting tomorrow and commented that the last meeting of the Association was very positive, and he attributed their responsiveness to the fact that problems of Ward III have been addressed and the citizens are pleased. Councilman Davis extended an invitation to Mr. Sacker and Mrs. Ames, candidates for the Councilman-At-Large position, to attend the neighborhood meeting, become acquainted with his constituents and to discuss their ideas for the future. -000- Ms. Patricia Nickerson, who asked to not give her address because of problems in her life, addressed Council to complain about a situation in the housing complex where she resides, ask for assistance and guidance to acquire legal counsel for her 17-year-old son who is in jail and charged with aggravated robbery. Ms. Nickerson was informed that these problems did not fall into the realm of legal assistance that City Council could provide, but Councilmembers Davis and Moore volunteered to meet with her after Council to discuss her needs. Mr. Henry Dannenbaum, 2880 Grand, addressed Council to remind them of First Baptist's presentation of The Passion Play this weekend at the Julie Rogers Theatre and announce his forthcoming marriage. Mr. Bobby Matthews, 1119 South Main, as a representative from Lamar University addressed Council to complain about the condition of the railroad track on Martin Luther King, Jr. Parkway at Florida. Mr. Jude Paredez, 920 Wisteria, addressed Council to challenge passage of a resolution in support of renaming Jap Road and questioned if the mayoral candidates presently on Council would support a tax increase, if elected, and was informed that campaign issues could be addressed at this meeting and should be spoken to in another situation. -000- There being no further business, the regular session of City Council was recessed to conduct the 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 March 22, 1994. Rosemarie Chiappetta City Clerk -69- March 22, 1994