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HomeMy WebLinkAboutMIN AUG 30 1994 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD AUGUST 30, 1994 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 30th day of August, 1994, with the following present: HONORABLE: David W. Moore Mayor John K. Davis Mayor Pro Tem Councilman, Ward III Andrew P. Cokinos Councilman At Large Becky Ames Councilman At Large Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward II Calvin Williams Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by Father William Manger, Saint Anne's Catholic Church. The Pledge of Allegiance was led by Mayor Pro Tem Davis. -000- Mayor Moore announced an Executive Session will be held following the Workshop Session in accordance with Section 551.074 of the Government Code to discuss appointment, employment, evaluation, reassignment, duties, discipline of dismissal of a public officer of employee: Magistrate of the Municipal Court and in accordance with Section 551.071 to discuss contemplated or pending litigation: Richard Hopkins, Sr. , et al vs. the City of Beaumont, et al and Gulf States Utilities. -000- - Proclamation was issued honoring "Patrick Lemell, " a City of Beaumont Fleet Division employee, for heroism displayed on August 10 in freeing and saving the life of a young man lodged between a car door and electric fence and administering pulmonary resuscitation. -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 4 through 11. No one wished to address these subjects. -192- August 30, 1994 The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held August 16, 1994; Resolution No. 94-203 appointing Tony Abbo to the Convention and Tourism Advisory Committee for a term expiring August 29, 1996; Resolution No. 94-204 authorizing a License to Encroach with Raymond and Senatta Armstrong, 8050 Wilcox Lane, for their residence that is encroaching 1.0 foot for a distance of 28.9 feet into the twenty foot utility easement on the North side of the property described as Lot 13 , Block 4, Beaumont West Addition, Section 3, for a one-time fee of $500.00; Resolution No. 94-205 authorizing acquisition of Parcel No. 114: Lots 5 and 6, Block 37, Jarrett Addition (2600 block of Liberty Street) for the appraised value of $20,256.00 from Virginia C. Howell, Individually and as Independent Executrix of the Estate of Charles A. Howell, Deceased, for the Liberty-Laurel Corridor Project from Eleventh Street to Phelan Boulevard; Resolution No. 94-206 authorizing acquisition of Parcel No. 115: .3099 acre tract, Lots 1, 2, 3 and 4, Block 37, Jarrett Addition, (2600 block of Liberty Street) for the appraised value of $40,497.00 from Lois Ney Szafir, Norman J. Szafir and Alice Silver Ney for the Liberty-Laurel Corridor Project from Eleventh Street to Phelan Boulevard; and Resolution No. 94-207 appointing G. R. °Lupe° Flores as Chief Magistrate for the City of Beaumont for a two-year term commencing August 30, 1994 and expiring August 29, 1996 at the rate of $300.00 for the first session, $200.00 for the second session and $100.00 for each session thereafter with a weekly maximum of $800.00; The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Ames. Question: Ayes: All Nayes: None -000- - Public Hearing was called regarding the proposed FY95 Budget appropriating $55,737,900 to the General Fund and $9,460,000 to the Debt Service Fund maintaining the same tax level at $.35 for the General Fund and $.265 Debt Service and the Five-Year Capital Program . Mr. Robert L. DeMary, 430 East Elgie, said local drainage problems were discussed at a recent South Park Neighborhood Association meeting, commented about approximately $10 million being attributed to drainage projects in capital improvements and other proposed projects listed and questioned if they were only proposed because of lack of funding and the -193- August 30, 1994 current status. Even though the public hearing is for citizen comment and not questions, the City Manager explained that the Capital Projects Program is a continuation of the previous year with no new programs proposed and said the $10 million primarily relates to the completion of the Cartwright- Terrell Street Box. Councilman Williams stated that until recently he was not aware we were still dealing with a 15-year drainage problem in the South Park area and suggested possibly conducting a workshop to discuss relief for those residents. Mayor Moore explained that the area in question begins at Avenue A on the westbound side all the way to Washington Boulevard over to Highland and said the areas most affected is Park and Kenneth Streets near Chaisson Park. He said that after heavy rains he has observed standing water measuring 6-7 inches in streets. Executive Director Barbara Ney, on behalf of the Southeast Texas Arts Council, and Mr. Michael Truncale and Ms. Becky Stedman on behalf of the Beaumont Heritage Society and the John J. French Museum, reviewed the goals and scope of service given to the community by their organizations and requested the same level of funding from the City of Beaumont for FY95 as received last year. There being no one else to comment, the Public Hearing was closed. -000- Mayor Moore changed the order of business and recognized Mr. Kenjo Hirano, a student from Beppu, Japan attending Lamar University. Mayor Moore welcomed Mr. Hirano, extended regards to him for an enjoyable educational experience at Lamar University and presented him with an Honorary Citizenship Card, an umbrella and pen displaying the City of Beaumont logo. In turn, Mr. Hirano presented Council with gifts of appreciation. -000- A Public Hearing was called to consider the nineteen (19) below listed dilapidated structures found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 1350 Neches - Charles F. Wilson, owner (24 violations) ; 548-50 Emmett - Leona Phillips, owner (23 violations) ; 950 Schwarner - Randall Hunt, owner (24 violations) ; 760 Devillenueve - Billie Jean Johnson, owner (21 violations) ; 1655 Madison - Alfred Green, owner (22 violations) ; 4980 Cochran - Carolyn C. Kidd, owner (20 violations) ; 1535 Butlin - Joe Simon, owner (23 violations) ; 3855 Preston - Orelia Goodman Estate c/o Rodney Malbrough, owner (24 violations) ; 2240 Potts - Mae S. White, owner (25 violations) ; 2020 Potts - Zeola Lindsay, owner (23 -194- August 30, 1994 violations) ; 1520 Pennsylvania (garage apt. ) Frank Johnson, owner (23 violations) ; 3431 Westmoreland - Otha Pugh, owner (23 violations) ; 2219 Rusk - Forrest P. Cooper, owner (24 violations) ; 1290 Grand - J. T. Fuller, owner (25 violations) ; 3034 Pine - Bertie Jones, owner (25 violations) ; 295 Plum - Charles Hopper, Et Ux, owner (24 violations) ; 3540 West - Daniel S. Chance, Sr. , owner (24 violations) ; 3860 Grand - Pressley Giles, Jr. , owner (24 violations) ; and 600 Pine (Commercial) - Keown Supply, owner (20 violations) ; Staff recommendation to raise all 198 structures within 30 days. 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 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 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 demolition: 1080 Alma, 3131 Avenue C, 8210 Broussard, 3220 Cleveland, 805 College, 3060 Dorothy, 765-75 Doucette, 10315 Dusty Lane, 4175 Flamingo Lane, 1954 Leiter, 2390 Pecan, 760 Prairie, 375 Royal, 1990 St. Anthony, 1761 Sarah, 2135 Sarah, 2351 Taylor, 3210 Texas, and 3275 Washington Boulevard. There being no one to address Council, the Public Hearing was closed. Ordinance No. 94-38 declaring certain dilapidated structures to be public nuisances and ordering their removal was considered: ORDINANCE NO. 94-38 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. 94-38 was approved on a motion made by Councilman Smith and seconded by Mayor Pro Tem Davis. Question: Ayes: All Nayes: None -000- Ordinance No. 94-39 rezoning property at 3160 and 3180 Saint James -195- August 30, 1994 Boulevard described as Lots 11, 12, and 13 , Block 30, West Oakland Extension Addition, from RM-H (Residential Multiple Family Dwelling Highest Density District) to GC-MD (General Commercial Multiple Family Dwelling District) at the request of Curtis Cormier, owner of 3180 Saint James, was considered: ORDINANCE NO. 94-39 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM- H (RESIDENTIAL MULTIPLE FAMILY DWELLING- COMMERCIAL MULTIPLE FAMILY DWELLING DISTRICT) FOR 3180 ST. JAMES BOULEVARD, WEST OAKLAND EXTENSION ADDITION TO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 94-39 was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 94-208 authorizing a one-year lease agreement with Lamar University-Beaumont's Center for Industrial Fire and Hazardous Materials Training for Beaumont Fire/Rescue Training Center equipment and facilities at $23 ,000 per month, effective September 1, 1994 through August 31, 1995, was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 94-209 authorizing Change Order No. 7 to the contract with Russ Miller Construction Company, Inc. for the Cartwright Drainage Project to reflect actual quantities used decreasing the contract amount by $70,621.77 and authorizing final payment in the amount of $532,167.76 was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Davis. Question: Ayes: All Nayes: None Mayor Moore confirmed with the Public Works Director that cleanup of the project has been completed to satisfaction of the neighborhood. -196- August 30, 1994 Resolution No. 94-210 authorizing an annual contract with APAC-Texas, Inc. to provide asphaltic concrete at $32 .50/ton for concrete patch mix, fob vendor's plant; $23 .00/ton for hot mix/hot laid concrete, fob vendor's plant; $25. 25/ton for hot mix/hot laid concrete, fob jobsite, zones 1-4; $25.49/ton for hot mix/cold laid concrete, fob vendor's plant; and hot mix/cold laid concrete, fob jobsite, zones 1-4; for use by the Public Works Department/Streets and Drainage Division was approved on a motion made by Councilman Smith and seconded by Councilman Ames. Question: Ayes: All Nayes: None -000- Resolution No. 94-211 authorizing annual contracts for traffic marking materials on an as-needed basis with Vulcan Signs (2 3/8" ODx13' yellow sign posts, $14,887.50 estimated total and sign faces $4,882.50 estimated total) ; Trantex, Inc. (glass beads, $567 estimated total, yellow traffic paint, $5,265 estimated total, white traffic paint, $5,265 estimated total, and Bitumen adhesive for button replacement, $1,250 estimated total) ; Renco Supply, Inc. (3/4" crown yellow ceramic raised pavement markers, $2,300 estimated total, and 3/4" crown white ceramic raised pavement markers, $2,200 estimated total) ; Roadrunner Traffic (two way yellow acrylic reflective raised pavement markers, $5,000 estimated total, one way white acrylic reflective markers, $4,750 estimated total, Part A and B epoxy adhesive, 2 gallon box, $1,995 estimated total, red and white reflective pavement markers, $2,060 estimated total, and pavement marking tape and arrows, $9,110 estimated total) ; Mid-Ohio Markings (aluminum sign blanks, $10,006.05 estimated total) ; and Three M (reflective and non reflective sheeting and tape, $16,868.60 estimated total) for the Transportation Division was approved on a motion made by Councilman Smith and seconded by Councilman Williams. Question: Ayes: All Nayes: None -000- Resolution No. 94-212 authorizing purchase and installation of split system units--an air handling unit and a 25-ton air cooled condensing unit--for the R. C. Miller Library in the amount of $19,049.00 from Tom- Cat-Tooter; and Resolution No. 94-213 authorizing installation of new overhead ductwork (complete with grills, supports, hangers, diverts and baffles) for the R. C. Miller Library in the amount of $69,200.00 by Tom-Cat-Tooter for a total of $88,249.00 for the complete project were approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -197- August 30, 1994 Resolution No. 94-214 authorizing acquisition of Parcel 167-A: .434 acre tract out of 3.077 acre tract located in the H. Williams Survey, Abstract 56, 2350 North Major Drive, for the appraised value of $7,053 .00 from the Pine Island Congregation of Jehovah's Witnesses for expansion of FM 364 (Major Drive) from Dishman Road north to Highway 105; and Resolution No. 94-215 authorizing acquisition of Parcel 168-A and C: 7. 234 acres out of the H. Williams Survey, Abstract 56, and the W. B. Dyches Survey, Abstract 17, for the appraised value of $61,489.00 from AMOCO Production Co. for expansion of FM 364 (Major Drive) from Dishman Road north to Highway 105 were approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 94-216 authorizing a two-year contract, effective October 1, 1994 through September 30, 1996 , with Willis-Rollinson to provide third-party administrator services for the City's self-insured workers' compensation insurance for an estimated annual expenditure of $69, 375.00 with an option to renew for a third year with a 5% increase in the cost per claim was approved on a motion made by Councilman Goodson and seconded by Councilman Williams. Question: Ayes: All Nayes: None -000- A resolution authorizing the City of Beaumont to join with participating cities to review GSU's fuel filing and intervene in Docket No. 13170 before the Public Utility Commission was considered. In answer to Council questions, the City Attorney explained that in Texas, action is being filed under GSU, an operating company of Entergy Corp. ; to his knowledge Port Neches and Colmesneil are the two cities presently committed to intervention; said the six-month down time for the River Bend project appears to be excessive to consultants and the Steering Committee and should be examined and not be allowed to go unchallenged; said he and the City Manager feel it should not go unchecked by Beaumont, the largest city in GSU's service area, to see whether a full-fledged intervention is warranted; said expenses by cities will be reimbursable by GSU and eventually recovered by GSU through rate payers; and explained that the intervention is filed and will proceed with the same outcome even if Beaumont does not join the case, but the benefit of joining is the opportunity of being a player in the potential decision making process or sitting on the sidelines should the case develop significantly. Mr. Nichols replied to an inquiry that he has no additional information to submit to Council in an executive session. -198- August 30, 1994 The resolution failed to pass on a motion made by Councilman Williams and seconded by Mayor Pro Tem Davis. Question: Ayes: Mayor Moore Nayes: Councilman Mayor Pro Tem Cokinos Davis Councilman Councilman Ames Williams Councilman Smith Councilman Goodson -000- Mayor Pro Tem Davis announced that on Thursday, September 1, Channel 6 Crime Fighters (Channel 6 broadcasters and personnel) and various City departments will be at the "Heart of the City Neighborhood Association" block party meeting at 5: 30 p.m. and invited the Mayor and Council to attend. Also, Mayor Pro Tem Davis informed the City Manager that he has directed questions to his office regarding some assistance needed with a function that will occur on September 10. Councilman Goodson said the Tyrrell Park Neighborhood Association meeting will be at the Garden Center on Tuesday, September 13th, instead of Monday, September 12, as previously reported, said they are still looking for a permanent location to hold their regular meetings and questioned the ACORN meeting scheduled for Monday, September 5th, (Labor Day) . Mayor Moore credited all those involved with the opening of the Southeast Texas Community Clinic that has been named the Joseph R. Rogers Clinic. He said this opening has inspired a lot of community involvement by doctors, the Jr. League, the Rogers brothers, and volunteers. Mayor Moore congratulated the Reverend Rayfield Walker and Mount Calvary Baptist Church for conducting a tremendous "Back to School Rally" on their church parking lot with tee-shirts and banners from each school and over 200 children and their parents present. He reported that tips were given to students about starting back to school, Regina Holmes did an excellent job as speaker, a police officer reviewed the curfew law with them, and it was a great evening. He commented on the farewell held for Lamar University's interim Chancellor Dolph Norton honoring him for his service, said that he has served the community extremely well and will be leaving Beaumont to return to his home in Cleveland. Also, Mayor Moore said that Saint Michael's Orthodox Church held a tremendous retirement celebration this weekend for Father Badeen with international guests present. -000- Ms. Stacey Ceasar, 9275 Washington Boulevard, addressed Council regarding the teen curfew ordinance, suggested the time be changed to -199- August 30, 1994 12:00 p.m. on weekends, told of an incident about her son being stopped and spoke of equity and treating all teens throughout the city the same. Mrs. Beverly Hatcher, 890 Chatwood, presented Council with personal invitations to attend the long-awaited ribbon cutting ceremony for the opening of the Martin Luther King, Jr. Parkway from Cardinal Drive to College Street on Saturday, September 10th. Mrs. Hatcher said the ribbon cutting will begin at 9:00 a.m. on MLK Parkway and Pennsylvania, followed by a parade at 10:00 a.m. and a street "Bash" with festivities, food, arts and crafts along College Street from 11:00 a.m. to 6:00 p.m. Mr. Louis Vaughn, 2475 Ranier, addressed Council to request a crossing light at Washington and 8th Streets for the safety of children attending Price Elementary School. Mr. Henry Dannenbaum, 2880 Grand, addressed Council to complain about excessive noise in his neighborhood. Mr. Robert L. DeMary, 430 East Elgie, addressed Council to state that the ACORN meeting will be on Tuesday, September 6, and explained that their meetings are regularly scheduled for the first Monday of the month, except for holidays. As spokesman for the Beaumont Federation of Neighborhood Associations, Mr. DeMary read a proclamation declaring September 1, 1994, as Andrew P. Cokinos Day (his birthday) throughout the neighborhoods, in appreciation for Councilman Cokinos' contribution to the associations. -000- There being no other 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 August 30, 1994. Rosemarie Chiappetta City Clerk -200- August 30, 1994