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HomeMy WebLinkAboutMIN MAR 16 1993 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MARCH 16, 1993 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 16th day of March, 1993, with the following present: HONORABLE: Evelyn M. Lord Mayor Andrew P. Cokinos Councilman At Large Guy N. Goodson Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Absent: Brian R. Alter Mayor Pro Tem Councilman At Large Lulu L. Smith Councilman, Ward I Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by the Reverend June Fulton, Northwood Christian Church. The Pledge of Allegiance was led by Councilman Samuel. -000- - Proclamation was issued declaring the week of March 15, 1993, "Family Entertainment Week. " -000- Mayor Lord welcomed and introduced Nicole Turpeau, the reigning "Miss Beaumont. " Miss Turpeau performed a musical medley on the clarinet which included her rendition of the Chattanooga Choo-Choo, Georgia, and Deep in the Heart of Texas. Miss Turpeau will perform this particular medley when she represents our city in the upcoming "Miss Texas" pageant. -000- Mayor Lord asked that Agenda Item h on the Consent Agenda be considered separately, and introduced Pamela Ener and welcomed her to the staff of the Legal Department as an Assistant City Attorney I. -55- March 16, 1993 1 _ _ Resolution No. 93-58 appointing Pamela Ener as Assistant City Attorney 1 at the beginning salary for Grade 23 was approved on a motion made by Mayor Lord and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- The following Consent Agenda items were considered: Approval of the minutes of the regular City Council session held March 2, 1993 ; Resolution No. 93-59 authorizing Texas Commerce Bank-Beaumont (formerly First City Bank, Texas) to release $170, 000.00 and pledge $215, 000.00 in securities at the Federal Reserve Bank of Dallas/Houston Branch effective March 16, 1993 ; Resolution No. 93-60 appointing Helen Allen to the Senior Citizens Advisory Committee, term expiring September 30, 1994 and Dana Chappell to the Convention and Tourism Advisory Committee, term expiring September 30, 1995; Resolution No. 93-61 strongly urging the Texas Legislature to adopt the Community Emissions Reduction credit Banking bill to promote the coexistence of the improvement of air quality and continued economic development in ozone non-attainment areas of the state; Resolution No. 93-62 granting a license agreement to the Beaumont Independent School District to cross Carlisle Street with a cable to link computers at the Eugene Field Elementary School and Central Ninth Grade Center; Resolution No. 93-63 awarding a contract for the demolition of twelve structures to Ace Clark Construction Company in the amount of $11, 548. 00 for the Community Development Division of the Administrative Services Department; Resolution No. 93-64 awarding the bid for fluorescent lamps and ballasts for City facilities to Consolidated Electrical Distributors per unit bid prices; and Resolution No. 93-65 authorizing the purchase of Hepatitis B vaccine from Bindley Western Drug Company of Houston, Texas in the amount of $14,841. 00 with the option to purchase additional doses at $29. 10 per dose for the Health Department to be given to the City's first responders (police officers, firefighters and EMS personnel) ; The items of the Consent Agenda were approved on a motion made by Councilman Cokinos and seconded by Councilman Samuel. Question: Ayes: All Nayes: None 56 March 16, 1993 Citizen comment was invited on Agenda Items 1 through 6. No one wished to address these subjects. -000- Resolution No. 93-66 authorizing the City Manager to apply for, accept and spend up to $553, 000 in federal Housing and Urban Development (HUD) grant funds under the 1993 HOME Program created under Title II (The Home Investment Partnership Act) of the National Housing Act of 1990 to expand the supply of decent affordable housing (The City is required to allocate 15% of the grant to operate a Community Housing Development Organization which will be met by allocating $83, 000 to operate a First Time Homebuyers Program for existing homes. The City is also required to provide a 12 .5% matching contribution for the HOME grant which will be met through a combination of the value of donated land and real property, and donated materials and labor) was approved on a motion made by Councilman Samuel and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 93-67 authorizing a five-year lease renewal agreement with the Beaumont Art League for the .449 acre tract and buildings located on the Fair Park grounds used by them for advancing the fine arts for the period from March 1, 1993 through April 30, 1998 for a $1. 00 payment was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 93-68 authorizing a contract with The Carter Company of Ogden, Utah, in the amount of $144,400. 00 for the renovation of the automatic chair platform system located in the Civic Center and for the purchase of additional years, maintenance for $9, 200.00 annually was approved on a motion made by Councilman Goodson and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 93-69 authorizing the purchase of two 20-cubic yard rear- loading refuse collection bodies for installation on existing trucks used by the Solid Waste Management Department from Municipal Truck Equipment, Inc. , in the amount of $40,990.00, was approved on a motion made by Councilman Moore and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- -57- March 17, 1993 1 � _ Resolution No. 93-70 accepting the bid from Jones Chemicals, Inc. for the purchase of approximately 200 tons of caustic soda for use at the Water Production Plant in the amount of $210.00 per ton was approved on a motion made by Councilman Cokinos and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Resolution No. 93-71 authorizing the purchase of couplings and brass fittings from Golden Triangle Pipe to be used by the Water Distribution Division in the amount of $35,444.80 was approved on a motion made by Councilman Goodson and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- - 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: 2141 Hazel (20 violations) and 2143 Hazel--carport (18 violations) - Resolution Trust Corporation, owner, Staff recommendation to raze both structures within 30 days; 1235 Magnolia - Fred Mitchell, owner (22 violations) , Staff recommendation to raze within 30 days; 867 Catalpa - Clausy Thomas, owner (23 violations) , Staff recommendation to raze within 30 days; 2443 Cable - Latoya Turner c/o Allen Turner, owner (15 violations) , Staff recommendation to raze within 30 days; 4030 Willie Mae - Mollie Bean, owner (21 violations) , Staff recommendation to raze within 30 days; 4040 Willie Mae - Hennie Thelma Fowler, owner (22 violations) , Staff recommendation to raze within 30 days; 2545 E. Lucas - Keo Nguyen, ET UX, owner (21 violations) , Staff recommendation to raze within 30 days; 4301 Ironton - B. N. Morten, owner (18 violations) , Staff recommendation to raze within 30 days; 3625 Roland Road (21 violations) and 3265 Roland Road--shed (19 violations) -- T. B. Spell ESTATE c/o J. A. Billy, owner, Staff recommendation to raze each structure within 30 days; 8115 Broussard Road - A. L. Marshall, owner (21 violations) , Staff recommendation to raze within 30 days; 820 Bonham- -shed - Steven J. Ross, owner (13 violations) , Staff recommendation to raze within 30 days; 1425 College--commercial - Bertha Legare TR-TX Com BK c/o Harding & Carbone, Inc. , owner (18 violations) , Staff recommendation to raze within 30 days; 1290 Lyle - John A. Galvan, Jr. , owner (21 violations) , Staff recommendation to raze within 30 days; 2720 Neches--commercial - Loc Nguyen, owner (20 violations) , Staff recommendation to raze within 30 days; 3180 Park--commercial - B. R. Brown, owner (18 violations) , Staff recommendation to raze within 30 days; 4207 Highland - Robert N. Johnson, owner (19 violations) , Staff recommendation to raze within 30 days; 3398 Ethel (22 violations) and 3398 Ethel--shed (11 violations) - John Redeaux, owner, Staff recommendation to raze each structure within 30 days; 2545 S. 4th - Pull, Inc. , owner (21 violations) , Staff recommendation to raze within -58- March 16, 1993 30 days; 2350 S. 9th - Cleveland S. Harris, owner (18 violations) , Staff recommendation to raze within 30 days; 222 S. 13th (20 violations) and 222 S. 13th--rear (8 violations) -Mary Sylvester c/o Helen C. Wilson, owner (20 violations) , Staff recommendation to raze each structure within 30 days; 880 Sherman - Richard Hegele, Jr. , owner (23 violations) , Staff recommendation to raze within 30 days; 705 Fulton - Signora D. Homes, owner (20 violations) , Staff recommendation to raze within 30 days; 845 Lee - Morris Fuselier, Jr. , owner (23 violations) , Staff recommendation to raze within 30 days; and 750 Van Buren - Nita Stelly c/o H. P. Stelly, owner (16 violations) , Staff recommendation to raze within 30 days. These parcels of property have been inspected, are vacant, 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. The thirty-two (32) 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. 1094 Cottonwood, 1715 Cottonwood, 1518 Cable, 2355 Euclid, 355 Flowers, 355 Flowers (garage) , 2525 S. 4th (commercial) , 2555 S. 4th (garage apt. ) , 2585 S. 4th (garage apt. s, 2595 S. 4th, 883 Gladys, 1089 Gladys (commercial) , 2095 Grand, 720 Grant, 740 Grant, 2060 Hegele, 808 Isla, 808 Isla (shed) , 810 Isla, 1525 Linson, 1298 Magnolia (commercial) , 665 Marv, 2290 Neches (commercial) , 2290 Neches (garage) , 1320 Orange, 1660 Prairie, 990 N. 7th, 2448 Texas, 2455 Texas, 2473 Texas, 1130 Van Buren, and 1142-44 Vermont. Mr. Morris Fuselier, Jr. , owner of the structure at 845 Lee, addressed Council to state that he is financially unable to bear the cost of razing the structure and expressed agreement for demolition by the City and assessment of a special tax to cover demolition costs. Mr. John Redeaux, 3365 Westmoreland, addressed Council to ask for additional time for rehabilitation of the two structures at 3398 Ethel. After viewing slides of the structures, Staff explanation of extensive repairs required to bring the structures up to Code and no work program in place, Council suggested that Mr. Redeaux weigh the cost and work involved in restoring the structures. Mr. Redeaux reaffirmed that he wants an opportunity to repair the structures. There being no one else to address Council, the Public Hearing was closed. -59- March 16, 1993 Ordinance No. 93-15 declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by their owners was considered: ORDINANCE NO 93-15 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Council asked that the Ordinance, as recommended by Staff, be changed to permit the structure at 845 Lee to be removed from the Section allowing thirty (30) days for demolition and be placed in the Section ordering demolition and removal by the City with a special tax assessment and to change the two (2) structures at 3398 Ethel from raze only to raze or repair and to allow owner to establish a work program. Ordinance No. 93-15, as amended, was approved on a motion made by Councilman Goodson and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Mayor Lord announced that an Executive Session will be held following Workshop Session in accordance with Section 2 (e) of the Texas Open Meetings Act to discuss contemplated or pending litigation: Joseph Turner, et al v. The City of Beaumont and Nelda Faye Willey v. The City of Beaumont. -000- Councilman Goodson commented that it was his pleasure to stand in for Mayor Lord at a meeting with State representatives last week. He said that Senator Parker and Representative Stiles ' offices arranged meetings with Senate and House Committee Chairmen to discuss pending legislation affecting municipalities, and that he came away with the feeling they were very positive toward our area. Councilman Cokinos reported that a great show was held at the Julie Rogers Theatre Friday evening featuring Jamie Rivera, singer, songwriter and actress, in a benefit performance for the victims of the Mt. Pinatubo disaster, and said he had a lot of fun judging at the dog show at Central Park on Sunday afternoon. Councilman Samuel said that he felt very good about the National League of Cities meeting held in Washington, D.C. last week because of the things that are in place that Beaumont will be able to take advantage of, especially in the area of HUD, our housing situation and needs for -60- March 16, 1993 the homeless. He also said that Councilman Moore was appointed to a very prestigious position as Vice-Chairman of a Transportation Committee with the National League of Cities and also as National Vice-President of the National Black Caucus of local elected officials. Councilman Samuel said we are well represented, but in addition to that significance, "a lot of things can happen to Beaumont by being in the position to find out in the initial stages. " Councilman Moore said this proved to be "one of the more productive meetings" because of the "opportunity to interface with more Secretaries of the Cabinet of the President than ever before. " He said his committee met with the Secretary of Transportation, whose major emphasis was preparing preliminary work for projects ahead of time because they want to move very quickly in conjunction with the President's stimulus package, and "that could mean a lot of pluses for us. " Also, he said they were able to have a very candid conversation with Henry Cisneros, Secretary of HUD, whom he said our Congressman has already pointed in the direction of Southeast Texas, and that while he is here we should capitalize on the opportunity. He said that in the meeting with Congressman Brooks, he had positive remarks about the area and they were able to present concerns about bases closing and shipping changes from the Port of Beaumont, Port Arthur and Galveston. He said it was most interesting to hear the address of the President in which he talked to the communities with the message of preparing preliminary paperwork for his stimulus package. Mayor Lord said that both Councilman Samuel and Moore have been on target with their comments about the importance of "Projects, Ready to Go, " and Beaumont is in very good shape with five or six projects that can be put into action within 30 days. She said that while they were in Washington, D. C. , she was attending a City Liveability Conference in Charleston, South Carolina, and said this was the most impressive conference she has attended during her seven years as a member of Council. She said her view of looking at the city was changed with the introduction of looking at at city with a communal eye, "to see it as a community, not just as an economic machine, but a place where people must be able to interact in fun and pleasant, happy ways. " She shared a newly learned term called "third places, " places where people interact. She said the first place is your family, the second is considered to be places like church or school where we commonly meet together, and the third places are like Riverfront Park, where we meet as a community to have fun and celebrate together, even simple things like benches where people can sit down. Also, she said they traveled with the Chief of Police of Charleston through his "weed and seed" project and received interesting ideas of how neighborhood associations are encouraged to work with the Police Department. Mayor Lord distributed a synoptic report of the conference to Council and shared other ideas. In addition, Councilman Moore mentioned that a very successful community meeting was held with Police Chief Scofield, his staff, the Gang Task -61- March 16, 1993 Force and over 100 members of the community. He said there was good interaction, and citizens left with a feeling of excitement about the future. Councilman Moore complimented Councilman Cokinos regarding the "Imagination Station" playground and the dog show. In response to a query from Councilman Cokinos, Mayor Lord said that closing of the naval base in Charleston has left the "whole city draped in mourning. " She said that in closing the base, the hospital and air station will be closed and close to 30, 000 jobs will be affected, as well as the school enrollment. -000- Mayor Lord announced that unless there is sufficient business, there will be no Council meeting Tuesday, March 23. Councilman Cokinos expressed objection to not holding weekly Council meetings, even if they only include the Pledge of Allegiance, prayer and citizen comment. -000- Mrs. Genevieve Herbert, 3745 East Lucas, addressed Council to complain about the great number and nuisance of stray cats in the Lucas Garden neighborhood, described the traffic problem on East Lucas and requested a traffic control device for the safety of residents there, and asked for help with prostitution solicitation in the area. Council responded to Mrs. Hebert's concerns and said Staff will endeavor to investigate and assist with these problems. Mr. Morris Broussard, 1870 Nora, addressed Council to suggest that Police officers have recorders available when responding to a 911 alarm so they do not have to rely on their memory for an accounting of the events and said that he has not yet received a report about his complaint on the rental of baseball fields as promised. Councilman Moore informed Mr. Broussard that he has received a written response and will share the information at the conclusion of the meeting. Mrs. Marty Conway Craig, 195 North 7th, addressed Council to share a letter written to Mayor Lord regarding burglaries of their business, Golden Triangle Cycle located on the corner of College and Avenue C and in their neighborhood. Mrs. Craig said this represented a loss of approximately a half-million-dollars and asked for Council assistance and direction. Mayor Lord advised Mrs. Craig that she will be responding as soon as possible. -62- March 16, 1993 Mr. Henry Dannenbaum, 1567 Wall Street, addressed Council to remind everyone that First Baptist Church will be presenting The Passion Play at Julie Rogers Theatre on April 2, 3 and 4. -000- There being no further 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 March 16, 1993 . Rosemarie Chiappetta City Clerk -63- March 16, 1993 EXCERPT, MARCH 16, 1993 COUNCIL MEETING CITIZEN COMMENT FROM GENEVIEVE HERBERT My name is Genevieve Herbert, and I 'm from Lucas Garden, and I 'm here on behalf of all of we, poor old people, and the young, crippled and sick people, which we are a number of 62 . I would like to ask the question, please, if I may. Is the City of Beaumont able to help us out where we have a cat epidemic? Mayor Lord A cat epidemic? I take it you have a lot of loose cats, running around, hatching more cats, probably? Mrs. Herbert Yes. Mayor Lord I think our Animal Control does handle that kind of problem. Have you asked for assistance from them? Mrs. Herbert Well, we asked the Housing Authority, but we didn't come to the City for help, and this is serious because they do carry disease. Mayor Lord Could you tell us again the address? Mrs. Herbert 371 I 'm at 3745 East Lucas. Mayor Lord 3745 East Lucas, well, we can certainly ask our Animal Control people to go out there and to check in on that problem for you. Mrs. Herbert It's very, very serious because they do carry disease. They carry fleas, and we've been having this problem for about two years, now, and it's getting worse. As you know, they are fast breeders, and it's just almost at a point where it's unbelievable. They even climb on top of the ceiling, fighting, during the night. Now, the real problem that I am here is on behalf of all of the 62 resident at Lucas Garden. First of all, we are asking, as you all know, the traffic on Lucas is just like ah, ah, freeway traffic. And, since this grocery store been built there, the traffic is doubled, and tripled, and naturally, all of the old people can hardly get across because of the traffic. PAGE 2, CITIZEN COMMENT CITY COUNCIL MEETING, MARCH 16, 1993 Mayor Lord Now, what, what intersection are you talking about crossing? Mrs. Herbert It's. . . Councilman Goodson Lucas and Concord. Mrs. Herbert It's from Concord all the way to the railroad on a, on a. . . Councilman Goodson on Lucas Street, on East Lucas. Mrs. Herbert Yes. It's freeway traffic there, and there has been three incident of injuries of these old people trying to get across and these young one who are crippled on crutches and so forth and so on, and that is one of the things that we are asking the City to do what they can to help us. Mayor Lord Well, we thank for bringing that problem to us, ma'am, and we'll see to it that our Traffic Department gets word of your concern, and yes, Councilman? Councilman Goodson I was also gonna say, you might want to advise them that there will be the, 'cause I 've already had this conversation, that the Raintree Tower, correct?, is gonna be where the tenants' association for your various, for Lucas Gardens and everyone else, it's this Thursday. I know I had it marked wrong, and I 'm gonna be out, as I 've advised them. this Thursday. I thought it was gonna be next Thursday, but this matter was brought up, I know, at their tenants' meeting last time, and it was questioned about whether they could have gotten another intersectional signal or changed it so they would allow more time for the crossing or even a crossing farther down by Lucas Gardens. Mayor Lord Now, is that your Ward? PAGE 31 CITIZEN COMMENT CITY COUNCIL MEETING, MARCH 16, 1993 Councilman Goodson No, that is, that's in Lulu's, but Lulu was at that meeting, I know, last time, and they advised us of this problem, and I think there was a concern 'cause there's not a long area there between the railroad track and the, and the first intersection of Mrs. Herbert Concord. Councilman Goodson on Concord. So, there was a concern about what other kind of intersectional device could be put up, but what they were looking at, I know at one time, was a pedestrian-type crosswalk farther down, going farther east between Concord and the railroad track. Councilman Samuel Well, really, we're gonna be looking at between Pine Burr and Concord because there is a control device at Helbig Road. But, that really wouldn't help. You're gonna have to look at Pine Burr, somewhere between Pine Burr and Concord Road, because I 've, I know what you're talking about, it's, it's difficult getting out of Pine Burr onto Lucas. And, so, I know what it's like crossing the tracks there because there has been a pedestrian hit at that intersection. Mrs. Herbert Several of them. Councilman Samuel Yeah. Mayor Lord Well, now do you know, is this still Councilman Goodson The same area they were Mayor Lord on the front burner? PAGE 4, CITIZEN COMMENT CITY COUNCIL MEETING, MARCH 16, 1993 Councilman Goodson I'm not certain, they were looking, I believe, and you all can correct me, if I 'm wrong, about, that they were looking at just like a pedestrian crosswalk signal that would be just activated by one person. Mayor Lord Unfortunately, Tom isn't with us today, but we can certainly bring this to him, and would you extract this part of the Minutes (addressed to City Clerk) and see to it that, Mr. Riley Yes, we' ll answer that. Mayor Lord Yes, the City Manager said yes, they'll look into it, and we thank you for bringing that concern to us. Mrs. Herbert There's another question I would like to put you all, if I may. Now, we have a problem with prostitution. It's moving over on our old people and our young people, and the Housing Authority have issued warning of this particular person. She do the street night time. She's over among our young, sick people and our old people, and we just haven't been able to keep her away, and someone said, well, that's displaced people, and they need a place to live, and that's what we are all faced with. Mayor Lord Well, we do have a City ordinance about that, and we'll pass that on to the Police and see what we can do about that for you, too. Mrs. Herbert Thank you. Mayor Lord And, could they get in touch with you for possible identification and some more information? Mrs. Herbert Yes, if they come on the premises, yes. PAGE 51 CITIZEN COMMENT CITY COUNCIL MEETING, MARCH 16, 1993 Mayor Lord Fine. Mrs. Herbert Well, thank you so much. Mayor Lord Thank you, ma'am END OF EXCERPT