Loading...
HomeMy WebLinkAboutMIN NOV 22 1994 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD NOVEMBER 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 November, 1994, with the following present: HONORABLE: David W. Moore Mayor John K. Davis Mayor Pro Tern Councilman, Ward III Andrew P. Cokinos Councilman At Large Becky Ames Councilman At Large Lulu L. Smith* Councilman, Ward I Calvin Williams Councilman, Ward IV Absent: Guy N. Goodson Councilman, Ward II Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk *(Councilman Smith arrived at 1:50 p.m. during public hearing for dilapidated structures to be considered on Agenda Item No. 1.) -000- The Invocation was given by Mr. Ralph Bertrand of Managed Home Health Care. The Pledge of Allegiance was led by Mayor Moore. -000- One Proclamation was issued: "Home Care Week," November 27 through December 3, 1994. -000- Mayor Moore announced than an executive session will he held following the workshop session in accordance with Section 551.074 of the Government Code to discuss appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee, specifically, 1.) City Manager and 2.) City Attorney. 289 Citizen comment was invited on the Consent Agenda and Main Agenda Items 2 through 6. No one wished address these subjects. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held November 15, 1994; Resolution No. 94-317 appointing Deborah Levi to the Beaumont Advisory Commission for Prevention of Child Abuse and Neglect and Elliot Gay to the Convention and Tourism Advisory Committee for terms expiring November 21, 1996; Resolution No. 94-318 authorizing purchase of eighty-four (84) 30" x 72" tables at $125 each and fifty (50) 30"x 96"tables at $135 each from Mity-Lite Tables for a total of$17,250 for use by the Convention Facilities and Parks and Recreation Departments; Resolution No. 94-319 authorizing settlement of the claim of Richard Hopkins vs. City of Beaumont, et al in the amount of$68,000; and Resolution No. 94-320 authorizing settlement of the claim of Daniel Clark vs. City of Beaumont in the amount of$10,500. The Consent Agenda was approved on a motion made by Mayor Pro Tem Davis and seconded by Councilman Ames. Question: Ayes: All Nayes: None -000- A public hearing was called to consider the twenty-eight (28) below listed dilapidated structures found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 815 Caldwell - Almo Bub Mallett c/o David Harrison, owner (24 violations); 2720 Cable - Oneta Cleveland, owner (22 violations); 1816 Cottonwood - Gary White, owner (22 violations), 1945 Ives (23 violations) and 1955 Ives (24 violations) - Sammy R. Cantu, owner of both structures; 2026 Earl - Jessie Stinson, owner (23 violations); 4020 Cleveland - Rodger Pettit, owner (25 violations); 2070 Glasshouse (garage) - Terry Marshall, owner (13 violations); 8290 San Carlos (barn) - Bobby G. Burford, owner (15 violations); 6540 Bigner Road - Elizabeth E. Anderson, owner (21 violations); 3341 Rivers Road -Adam Coward, owner (25 violations); 4715 Detroit - Trina Warden, owner (22 violations); 1188 Victoria Courts - Bryan Investment, owner (23 violations); 1465 Crockett (commercial/garage) - Leslie D. 290 (16 violations); 2027 Laurel - H. H. Houseman, owner (23 violations); 2535 North (garage apt.) - Erna Coffey, owner (18 violations); 705 Jackson - Charles F. Evans, owner (25 violations); 2355 Poplar - Everett N. Loeb, owner (22 violations); 2032 Irvina - Leonard L. Bruno, owner (24 violations); 1045-49 Roberts - Richard Carey, III, owner (25 violations); 2460 Harriot - Alvin G. Randolph, owner(23 violations); 2705 S. 5th - Kennedy Giles, owner (25 violations); 1650 Avenue G - Theola Diane Davis, owner (22 violations); 1060 Alma - Joyce Gallier c/o Darlene Wisby, owner(24 violations); 2435 Rockwell -John Gilmore, owner(23 violations); 3093 Dorothy - Dorothy Mae Whittington, owner (23 violations); 3003 M. L. King Parkway - Travis Bros. Supply c/o Wm. V. Travis Et Al, owner (22 violations); and 2223 Rusk - Wilson J. Guidry Estate, owner (24 violations); Staff recommendation to raze all 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 twenty-six (26) 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. Authorization is requested 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: 870 Arabella, 1135 Bonham, 1141 Bonham, 1145 Bonham, 1151 Bonham, 1155 Bonham, 1171 Bonham, 1181 Bonham, 1191 Bonham, 1195 Bonham, 1254 Euclid (shed), 2395 Euclid, 2395 Euclid (garage), 3545 Glenwood, 1290 Grand, 1245 Houston, 3595 M. L. King Parkway, 3595 M. L. King Parkway (garage), 1982 Lela, 3640 McHale, 2825 Orange, 3180 Park, 2090 Primrose, 2090 Primrose (garage), 3608 St. James, and 275 E. Simmons (rear). Mr. Rodger Petit, owner of the structure at 4020 Cleveland, addressed Council to request an additional sixty (60) days for rehabilitation of the property. Mr. Petit explained his financial limitations in 1992 to continue with repairs to bring the structure up to City Code requirements, an incomplete attempt to sell the property, said he now has sufficient funds and time to begin rehabilitation efforts and requested Council consideration because of his financial investment in the building. (Councilman Smith arrived at the beginning of Mr. Travis' comments.) Mr. William C. Travis, 632 Washington Boulevard, addressed Council regarding the commercial structure at 3003 M. L. King Parkway. Mr. Travis claimed the City of Beaumont and the State of Texas took possession of the building in 1980, questioned the City and State's intentions, said Mr. Robert Philpot is another interested party and asked for enlightenment regarding condemnation proceedings. Council asked for legal counsel regarding the structure. Mr. Nichols said he did not know anything about this structure, but the acquisition procedure for SPUR 380 is that the City 291 acquire the property for the State and transfer ownership to the State of Texas. Some pieces of property were partial takings with a portion going to the State and the remainder retained by the owner. Mr. Richard Chappell stated that the tax rolls showed the property ownership to be Travis Brothers c/o William C. Travis, et al. Mr. Travis said that in 1991 or 1992, he discovered that half of the property was sold to Robert Philpot when a copy of tax receipts was sent to him indicating the original was mailed to Mr. Philpot. Mr. Nichols said this was a disputed acquisition and additional information should be available in the Engineering Division that will clarify the State's and Mr. Travis' interest. Ordinance No. 94-53 declaring certain dilapidated structures to be public nuisances and ordering their removal by the owners and authorizing the removal of certain other structures whose owners failed to comply with condemnation orders was considered: ORDINANCE NO. 94-53 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. The structure at 3003 M. L. King Parkway(commercial)was removed for additional information and establishment of ownership on a motion made by Councilman Williams and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None The structure at 4020 Cleveland, Rodger Petit, owner, was removed from raze to raze or repair within sixty (60) days on a motion made by Councilman Cokinos and seconded by Councilman Williams. Question: Ayes: All Nayes: None Ordinance No. 94-53 was approved as amended with acceptance of all other Staff Recommendations on a motion made by Mayor Pro Tem Davis and seconded by Councilman Ames. Question: Ayes: All Nayes: None -000- An ordinance amending Chapter 29, Sections 70 and 78 of the Code of Ordinances regarding wrecker companies resulting in combination of the no-preference tow-away list and non-consent tows into one list for any situation that requires a wrecker and removal of the section causing Council to pass a resolution showing proof for the need and necessity was considered: 292 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 29, SECTION 29-70 AND REPEALING SECTION 29-78 OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. In discussion, Council raised questions about the affect of truck deregulations effective in 1995 on the wrecker ordinance, the single list and pay differential and potential litigation. Councilman Cokinos indicated satisfaction with present ordinance, and Councilman Smith expressed favoring deletion of Section 29-78 because of potential litigation claiming restraint of trades and said she is not in opposition to using one list for call-outs. Staff responded that truck deregulation would have no effect on the proposed changes for consideration today, the pay for no-preference tow aways and no-preference wrecker fees would be maintained at present rates and said that the Sherman Anti-Trust Law does apply to cities, and if they participate by using governmental power to restrict competition, there is a potential liability. Prohibiting operation of a business without any reason other than Council decision would give potential for one to say there was a combination of restraint in trade with existing wrecker companies. Councilman Cokinos requested that Mr. Roebuck (in audience) be allowed to speak. Mr. Thomas Roebuck, an attorney at 1240 Orleans, said he has been engaged to represent some wrecker companies. Mr. Roebuck questioned need for combination of lists, expressed concern that random calls might result in drawing the lower fee runs more often than if two lists used, indicated favoring the present proof of need and necessity before permitting new wrecker companies and cited a hypothetical situation where a company might operate with less expensive equipment than an existing company and receive the same considerations and questioned fairness of investment. Further discussion raised questions from Council about the possibility of a flat fee of perhaps $70 (instead of $45 and $85) for all tows, the type of equipment present wrecker companies operate and minimum requirements for operation. After continued discussion without any resolve, Mayor Pro Tem Davis reiterated his feeling that because there are so many unanswered questions and a need for additional information, a future workshop should be conducted in order to make a fair decision. The ordinance was deferred on a motion made by Mayor Pro Tem Davis and seconded by Councilman Ames. Question: Ayes: All Nayes: None Resolution No. 94-321 authorizing execution of a three-year labor contract with Beaumont 293 Firefighters' Local 399 for the period from October 1, 1994, through September 30, 1997, (3% increase in base wages, retroactive 10/1/94, 10/1/95 and 10/1/96; reduction for Grade I new hired by$200 month to $1,915; retroactive to 10/1/94, the City shall contribute 11.5% to each firefighter's salary to pension fund and 12% effective 10/1/95; effective 10/1/95 incentive pay for Haz-Mat Team Leader - $60/month and Members - $50/month; Dive Team - $50/month and Breathing Apparatus Technicians - $25/month; effective 10/1/96 those who hold Intermediate, Advance of Master Firefighter Certificate shall receive payments of$60, $80 and $100 per month, respectively; increase in clothing allowance to $25/month and changing basic rate of pay for purposes of computing overtime pay for "suppression employees) was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Davis. Question: Ayes: All Nayes: None Council congratulated the Assistant Manager, Manager and Staff for negotiating this contract in a timely manner without outside arbitration. Councilman Smith expressed concern that this contract will impact the budget by about $900,000 over the next three years with a reduced tax base and decline in sales tax revenues. -000- Resolution No. 94-322 authorizing Change Order No. 2 to the contract with Bo-Mac Contractors, Inc. for the 1994 Street Rehabilitation Program in the amount of $160,117.76 caused by a change in method of road resurfacing and adding Central and Sprott Parks to the reconstruction schedule for a new contract amount of $2,032,001.15 was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 94-323 authorizing Water Service Line Replacement Contract - III (removal of deteriorated 2" water lines at rear of properties and installation of new water lines in street right-of-ways) in the South Park area with Brandon Mechanical and Electrical in the amount of $99,200 was approved on a motion made by Councilman Williams and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 94-324 authorizing acquisition of Parcel 119: Lots 1 through 6, Block 35, Jarrett Addition (2905 Liberty) for the total value of $219,860 (appraised value of$220,000 less $140 improvements) from Mrs. Edna Elizabeth Marino for improvements to the Liberty-Laurel Corridor from Eleventh Street to Phelan Boulevard was approved on a motion made by 294 Councilman Smith and seconded by Mayor Pro Tem Davis. Question : Ayes: All Nayes: None -000- Mayor Moore pointed out that 31 years ago today President John F. Kennedy was assassinated and asked Council, the City Manager, the City Attorney and Dan Wallach, a reporter for the Beaumont Enterprise, if they could recall where they were when they learned of his death. To begin the reminiscing, Mayor Moore recalled that he was in the third grade, Mayor Pro Tem Davis said he was not yet born, Councilman Smith recalled that she was in New York City, the entire city was stunned and that by evening there were hardly any cars on the normally busy streets, Councilman Cokinos heard the news on the way to Moncla's Restaurant after playing handball with his brother and Judge Jack Fisher, Councilman Ames was a first grader at China Elementary School, and Councilman Williams was a teacher and heard the news from a student. City Attorney Lane Nichols was a student at Lamar University playing football, Mr. Riley said he was a Battery Commander in the U. S. Army in Germany and said it was an unbelievable experience to be in an other Country and learn of the tragedy and Dan Wallach said he was a seventh grade student and heard the news between History to Science class. Mayor Moore noted the unbelief and state of shock on everyone for a number of days. Mayor Moore said that 90 was a significant number for him this past week. He had an opportunity to participate with West Tabernacle Church's 90th anniversary on Sunday along with a member of that church, Commissioner Ed's Moore's mother, who celebrated her 90th birthday on Saturday, and then a member of his own church, Mrs. Shankles, who also celebrated her 90th birthday. -000- Mr. Henry Dannenbaum, 2880 Grand, addressed Council to comment that he was in Austin when President Kennedy was assassinated, expressed appreciation to Staff and Council for their services, and said the city has lost a great humanitarian in the death of Pastor Delmar Dabney of Cathedral in the Pines. -000- There being no other business, the regular session of City Council was recessed to reconvene in workshop session. I, Rosemarie Chiappetta, City Clerk of the City of Beaumont, Texas, certify that the above is a 295 true copy of the Minutes of the regular City Council session held November 22, 1994. Rosemarie Chiappetta City Clerk 296