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HomeMy WebLinkAboutMIN DEC 20 1994 REGULAR SESSION CITY COUNCIL OF 20, 1994E1 HELD DECEMBER 30 P.M. BE IT REMEMBERED that the City of Beaumont, Texas, met in regular session this the 20th day of December, 1994wi h the following present: David W. Moore Mayor HONORABLE: 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 Guy N. Goodson Councilman, Ward II Calvin Williams Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Barbara Liming Deputy City Clerk -000- The Invocation was given by Pastor Bruce Booher, Bethlehem Lutheran Church. The Pledge of Allegiance was led by Mr. Jack Pieper, KLVI Radio Station News Reporter. -000- Mr. Harvey Zernial, store manager at H E B Pantry Foods on Major Drive, presented Council with a large coconut cake on behalf of H E B and theia tnereciationxtended wishes for day Merry Christmas and Happy New Year. Council expressed pp greetings. Councilman Cokinos asked Mr. Zernial if he was related to Gus the Chicago White Sox teamed that he is a nephew of Gus Zernial, a retired baseball player for S -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 1 through 6. No one wished address these subjects. 313 The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held December 13, 1994; Resolution No. 94-347 appointing Hester Bell to the Senior Citizen Advisory Committee; Marie Hubbard to the Martin Luther King, Jr. Parkway Commission; Ricardo Ramirez, Jr. to the Library Commission; Dolly Johnson and Leonard Broussard to the Convention and Tourism Advisory Committee for terms expiring December 19, 1996; reappointing Dr. Edward C. Ludwig, Ingrid Fisk, Darryl Hackemack, Kip Kevin Lamb and Elizabeth Pratt to the Animal Advisory Committee for terms expiring November 14, 1995; Resolution 94-348 accepting Street and Storm Sewer Improvements: Willow Bend Drive from existing Willow Bend Drive approximately 900 feet north to 3 type OM-4P markers and Turnberry Circle from Willow Bend Drive approximately 598 feet east to and including the cul-de-sac and Water and Sanitary Improvements: Lots 1-18, Block 1 in Willow Creek Country Club Estates, Section XB for City maintenance contingent upon filing of the final plat complete with proper filings of dedication of all rights-of-way and easements required on the preliminary plats and installation of streetlights; and Resolution 94-349 authorizing execution of Amendment No. 1 to the Contract with the Texas Department of Transportation adding $675 to the operating line item bringing the total grant assistance to $150,362. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Davis. Question: Ayes: All Nayes: None -000- Mayor Moore called an executive session to be 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: Magistrates of the Municipal Court and in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: the Claim of Richard Broussard and Lashuna Scott vs. City of Beaumont. -000- Resolution No. 94-350 to approve reprogramming Community Development Block Grant funds in the amount of $100,000 and authorizing a contract with the Beaumont Housing 314 Authority up to $100,000 for reimbursement of tenant relocation expenses for residents at the Neches Park Homes Housing Complex was considered. Council, at length, discussed use of CDBG funds for relocation of tenants, sale of the property to the Port of Beaumont, rightful responsibility for relocation costs, and future of the neighborhood. Councilman Williams firmly expressed his opinion that tenant relocation expenses should come from revenue derived from the expected sale of the Neches Park Homes property to the Port of Beaumont, said any funds put back into the neighborhood will be too little too late, expressed his opinion that if he supported this resolution, he would be lending support to a flawed process that has never been about the welfare of the tenants, but about selling the property to the Port and referred to the June 21, 1994 letter from the Housing and Urban Development Department that stated "that if the City's commitment to provide $485,00 toward relocation costs and for the purchase of sites is not available that this will become part of the additional sale price." For the record, Councilman Williams read a portion of the June 9, 1994 letter to The Honorable William Wayne Justice from Members and Officers of the Charlton-Pollard Neighborhood Association and Residents of the Charlton-Pollard Neighborhood, Friends and Supporters: "...the suggested selling of the Neches Park Homes (HUD Housing Project) to the Port of Beaumont has placed the lives, lifestyle and survival of our neighborhood and residents in serious jeopardy. For more than three years, we have attempted to work with and or consult the Beaumont Housing Authority, the Port of Beaumont, Regional and Federal Officials of HUD and elected officials (local, state and federal) in order to save our neighborhoods and avoid the unnecessary stress and turmoil in the lives of Neches Park Home residents and the members of the Charlton- Pollard neighborhood. For all of our efforts, the only thing that we have been able to accomplish is confusion. We know and understand as little today (June 1, 1994), as we did when we started back in 1991. The only point that has been consistently brought up and pointed to by all involved (Beaumont Housing Authority, HUD and elected officials) is your decision in the Young vs Kemp...case." Councilman Williams said the point being made in the letter is that no effort was made by anyone except the signers of the letter to salvage their neighborhood. He said that when he read the letter he was surprised that no one from the Beaumont Independent School District signed the letter since Dunbar Elementary School was in jeopardy, nor anyone from the City's Planning Department addressed preservation of the neighborhood, nor was there anything from Council or the Housing Authority in the letter. Additional discussion included comments that the Council was not given opportunity for input into the letter quoted, that a number of efforts were made to put housing stock back into the neighborhood, that in 1990 HUD was not open to rehabilitation of Neches Park or that area and 315 advocated integration efforts in a mandated area. Councilman Goodson clarified that presently there is not a signed contract for purchase of the property and that no offers have been accepted. Councilman Davis stated he could not support this resolution because there is not a specific plan in place for that neighborhood, suggested that Council be informed of the Housing Authority's plans and that a workshop be planned in 1995 to discuss the Charlton-Pollard neighborhood. Resolution No. 94-350 with a cap of $100,000 for reimbursement of relocation costs was approved on a motion made by Councilman Cokinos and seconded by Councilman Ames. Question: Ayes: Mayor Moore Nayes: Mayor Pro Tem Davis Councilman Cokinos Councilman Williams Councilman Ames Councilman Smith Abstained: Councilman Goodson -000- Ordinance No. 94-64 amending Section 29-52 of the Code of Ordinances concerning taxicab pick-up rates (amending the rate for the first 1/10 of a mile, starting pick-up charge, to $2.00, reflecting a $1.00 increase per cab trip) was considered: ORDINANCE NO. 94-64 ENTITLED AN ORDINANCE AMENDING CHAPTER 29, SECTION 29-52(8)(1) TO INCREASE A TAXICAB RATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING FOR A PENALTY. Ordinance No. 94-64 was approved on a motion made by Councilman Williams and seconded by Mayor Pro Tem Davis. Question: Ayes: All Nayes: None -000- Resolution No. 94-351 authorizing annual contracts, effective January 1, 1995, with St. Elizabeth and Baptist Physician Hospital Organizations for health care services rendered to City employees, retirees, COBRA participants and their dependents with an option for annual renewal was approved on a motion made by Councilman Williams and seconded by Mayor Pro Tem Davis. 316 Question: Ayes: Mayor Moore Nayes: None Mayor Pro Tem Davis Councilman Cokinos Councilman Ames Abstained: Councilman Councilman Smith Goodson Councilman Williams -000- Resolution No. 94-352 authorizing purchase of a Xerox digital color copier/printer through the State of Texas Catalogue Purchase Procedure in the amount of$63,450 was approved on a motion made by Councilman Williams and seconded by Mayor Pro Tem Davis. Question: Ayes: Mayor Pro Tem Davis Nayes: None Councilman Cokinos Councilman Ames Councilman Smith Councilman Goodson Councilman Williams Abstained: Mayor Moore -000- Resolution No. 94-353 authorizing a contract with Russ Miller Construction Co., Inc. in the amount of$199,162.81 for construction of the Transit Maintenance Parking Improvements was approved on a motion made by Councilman Ames and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 94-354 authorizing purchase of ten (10) air masks with carrying cases at $2,071.67 each, ten (10) reconditioned air cylinders at $285.50 each, and 5 EEBSS Hose Packages at $345 each for the Beaumont Fire Department for a total expenditure of$25,296.70 from Mine Safety Appliances Company was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- A public hearing was called to consider the twenty-one (21) below listed dilapidated structures found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 958 Orange - Delia Thornell, owner (24 violations); 1079 Isla - Ross C. Watts, 317 owner(24 violations); 870 Central Drive (18 violations) and 870 Central Drive, garage (9 violations) -Stephen M. Willoughby, owner; 990 Dixie, rear shed (11 violations) and 990 Dixie (18 violations) - Louise Maggio, owner; 1277-79 Laurel - Junior Achievement of Golden Triangle, Attn: Weldon Gibson, owner (24 violations); 1055 Madison - Charles Washington, owner (24 violations); 3582 Goliad - Hattie Books c/o Preston J. Cook, owner (25 violations); 3516 Edmonds - Louise Guillory Estate, owner(24 violations); 1298 Roberts (garage) - Robert C. Plair, owner (7 violations); 1370 Bolivar- Bernice H. Mott, owner(23 violations); 899 Arabella -Vay G. Smith, owner (24 violations); 1072 Forrest- Premium Construction, Inc., Attn: Jerry Plaia, owner (22 violations); 1180 Magnolia (garage apt.) -Alvin G. Randolph, owner (23 violations); 2574-76 Magnolia, Jack Roland Oliver, owner (25 violations); 2711 Magnolia - Algia John Prescott Et UX, owner (25 violations); 1190 Delaware - Minnie Beal, owner(23 violations); 3340 E. Lucas - Southeast Texas Mini Markets, Inc. (19 violations); 695 Delaware - Spurgeon Wallace, owner (23 violations); and 535 Brockman - Brandon Overton, owner(20 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. Mrs. Frances Lott, 890 Central, Mrs. Pauline La Rocca, 850 Central, and Mrs. Ninette Teel, 895 Central, addressed Council in support of razing the structures at 870 Central Drive because of danger, unsightliness and environmental problems created in their neighborhood by these vacant buildings. Mr. Charles Washington, 910 Madison, addressed Council to request additional time for rehabilitation of the structure at 1055 Madison. Mr. Washington said he had not been able to begin rehabilitation of the structure because he suffered a heat stroke two years ago, but is now recovered and can begin work to bring the building into compliance with building codes. Mr. Washington was instructed to consult with Mr. Lawrence Baker regarding a work program. There being no one else to address Council, the public hearing was closed. The structure at 1055 Madison, Charles Washington, owner, was removed from raze to raze or repair on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: All Nayes: None Ordinance No. 94-65 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: 318 ORDINANCE NO. 94-65 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. 94-65 was approved as amended on a motion made by Councilman Goodson and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Councilman Smith and Councilman Goodson commented that Council was hosted to a very nice luncheon today to preview HEB Pantry Foods' plan for the annual Holiday Dinner to be served at the Civic Center on Friday. Councilman Cokinos remarked that Beaumont lost a giant of a man with the recent death of Mr. Ben Rogers, extolled his character and benevolent contributions to Beaumont and expressed condolences. Mayor Pro Tem Davis wished Council and citizens a Merry Christmas, commented about the curfew case information file submitted to Council and encouraged Council to study the materials. Councilman Ames added wishes to Council, Staff and citizens for a Merry Christmas and Happy Holiday season and thanked HEB for again hosting the annual Holiday Dinner for needy citizens. Mayor Moore said this would be the last meeting of the year unless an emergency arises and encouraged Council expression for the final time in 1994. Councilman Smith added that she had a secretary in the Executive Office send a copy of the curfew ordinance to the trustees of the Beaumont Independent School District for their perusal, but did not send the curfew violation report to them, echoed Councilman Cokinos' comments about Mr. Ben Rogers, said that "we truly lost a giant, and he has been very instrumental in bringing our community together and helping those that are less fortunate, and he will be certainly missed very, very much." Mayor Moore began his comments by expressing thanks to HEB Pantry Foods for sponsoring a community dinner Friday from 12:00 p.m. to 5:00 p.m. with an anticipated attendance between 6,000 to 10,000 with over 500 volunteers; said HEB held a media luncheon today along with 319 Council and others where they shared their successes and joy in the past three years and said "it is really good to have people such as HEB...so concerned about others." Mayor Moore said this has been a difficult week with the tragic loss of two young teens and others, but that overall this has been good year for which Beaumont should give thanks. He commended Council for being able to discuss, cast a vote and remain a cohesive Council. He added that the recent loss of life included Mr. Ben Rogers, Mr. Gus Keriotis, his Junior High School Principal and many others and said this challenges us to realize how significant it is that we do all we can each day and wished everyone a Happy Holiday season with hopes that 1995 will be year of which we will all be proud. -000- *(Mr. Posey, an elderly, hard-of-hearing gentleman, misunderstood when he spoke that comments at that time were only for the dilapidated structure public hearing and are recorded here with citizen comments on any subject.) Mr. Forrest F. (Ted) Posey, 2695 Edmonds, addressed Council to express appreciation for extended public transportation during the Christmas season and in support of extended hours of service at other regular intervals. Ms. Glenda McCrary, 6429 Bigner, expressed her satisfaction in attending a Council meeting and spoke in favor of evening meetings; as a member of the Martin Luther King, Jr. Parkway Commission, complained about poor attendance of some members that limit the Commissions's activities and suggested those not adhering to the attendance requirement be removed and other members appointed. Mr. Melvin Bassett, 3645 Steelton, addressed Council to complain about receipt of information that a building in his neighborhood is being rehabilitated to house prisoners. Councilman Davis volunteered to share information with Mr. Bassett and his neighbors about a program being formulated to aid in rehabilitation of ex-prisoners and said the subject is scheduled for neighborhood association meetings in January. Mayor Moore assured Mr. Bassett that he will be given opportunity to discuss the program with Councilman Davis and/or the City's Legal Department, and an effort will be made to answer all questions. Mr. Damon Keeling, 950 Sherman, addressed Council to express dissatisfaction with the Charlton- Pollard neighborhood problems and asked Council to give assistance and consideration early in 1995 to rebuilding houses in the area. -000- There being no other business, the regular session of City Council was recessed to reconvene in workshop session. 320 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 December 20, 1994, Barbara Liming Deputy City Clerk 321