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HomeMy WebLinkAboutMIN MAR 23 1999 M I N U T IE S _ CITY OIL B EAUMONT Lulu L. Smith DAVID W. MOORE, MAYOR Bobbie J. Patterson, Mayor Pro Tem Guy N. Goodson CITY COUNCIL MEETING Andrew P. Cokinos John K. Davis March 23, 1999 Becky Ames Lane Nichols, City Attorney Ray A. Riley, City Manager Barbara Liming,City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on March 23, 1999, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING * Invocation Pledge of Allegiance Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items * Consent Agenda Mayor Moore called the meeting to order at 1:35 p.m. Mr. Bill Walker, Westgate Church of Christ, gave the invocation. Examiner reporter Jason Trahan led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Smith, Goodson, Cokinos, Ames, and Davis. Also present were Ray A. Riley, City Manager; Lane Nichols, City Attorney; and Barbara Liming, City Clerk. *Presentations and Recognitions One Proclamation was issued, " Inhalant Prevention Awareness Week," March 21-25, 1999. *Public Comment: Persons may speak on scheduled agenda items Citizen comment was invited on the Consent and Regular Agenda Items 1, 7-10, and 12. Mr. Kell Jones, 6010 Suzanne, addressed Council regarding Item No. 8 relative to moving residential structures. He expressed appreciation for the opportunity to speak and for making the ordinance livable, but stated it was not completely fool-proof. Mr. Jones requested an escape clause in the 75% requirement, told of a house relocated from Sabine Pass to another site that was originally valued at a few thousand dollars and is now on the market for$320,000, and spoke of the potential of some houses being rehabilitated to above standard regulations. Mr. Mike Sinclair, 980 Monterrey, addressed his work with Sherman & Sherman in moving and rehabilitating houses. Mr. Sinclair related that he is responsible for moving the house on McLean Street, and said the rehabilitation is near completion. He stated that the structure and land were originally valued at $6,500, and when rehabilitation is complete, a buyer from Austin is going to purchase the structure for $42,000 cash. Mr. Sinclair spoke against the 75% clause and relayed information about the properties Sherman & Sherman rehabilitates. He said the houses are sold with low down payments and owners are given 14-16 years to complete payment for the homes. Mayor Moore commented that Council responed to a concern of the community, and that Council tries to respond to all of the community and balance the burden for everyone. *Consent Agenda * Approval of the minutes of the regular meetings held March 16, 1999 * Confirmation of committee appointments - Resolution No. 99-89 A) Approve the acquisition of properties 1)Approve the acquisition of property for the Walden Road Improvement Project(5.782 acre out of the C. Williams Survey, south of and parallel to the LNVA Canal and 404 feet north of Interstate Highway 10 for$57,820 from LaBelle Properties, Ltd and William Arthur Roane)- Resolution No. 99-90 2)Approve the acquisition of properties for the Concord Road Improvement Project (Parcel No. 61: .016 acre out of Lots 2, 3, and 4, Bodin Addition, 3455 Concord Road in the amount of$5,402 from Weldon and Barbara Young; and Parcels No. 65 and 66: .263 acre out of the A. Williams Survey, 3479 Concord Road in the amount of$24,495 from Jasper J. Perelio) - Resolution No. 99-91 B) Approve a contract for cleaning, repairing, and applying waterproof coating to the exterior walls of the Art Museum of Southeast Texas located at 500 Main Street (with JNA Painting Co., Inc. in the amount of$46,900) - Resolution No. 99-92 C) Authorize the renewal of a contract with the Beaumont Association for Senior Citizens for space allocation at the Best Years Center- Resolution No. 99-93 D) Approve a two-year lease agreement with Allright Beaumont Company (parking services for events at the Civic Center, Julie Rogers Theatre and Riverfront Park) - Resolution No. 99- 94 E) Approve a License to Encroach Agreement with Earth Analytical Services, Inc. (60' wide Ward Drive right-of-way for one-time fee of$500) - Resolution No. 99-95 F) Accept improvements constructed in Brownstone Subdivision for City maintenance - Resolution No. 99-96 Before consideration of the Consent Agenda Councilmember Goodson corrected a spelling of a committee appointment and asked for deferral of an appointment of his nominee to the Keep Beaumont Beautiful Commission. Minutes;3/23/99;Page 2 Councilmember Davis moved to approve the Consent Agenda as corrected and amended. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Smith, Goodson, Cokinos, Ames, and Davis Noes: None GENERAL BUSINESS 1. Consider an ordinance authorizing promissory notes in the aggregate principal amount of $11,000,000 and a contract for Loan Guarantee Assistance under Section 108 of the Housing and Community Development Act of 1974 as amended Councilmember Smith moved to approve Ordinance No. 99-15 entitled an ORDINANCE AUTHORIZING PROMISSORY NOTES IN THE AGGREGATE PRINCIPAL AMOUNT OF $11,000,000 TOGETHER WITH THE CONTRACT FOR LOAN GUARANTEE ASSISTANCE UNDER SECTION 108 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, 42 U.S.C., SECTION 5308, IN CONNECTION THEREWITH. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Smith, Goodson, Cokinos, Ames, and Davis Noes: None 2. Consider a request for a zone change from GC (General Commercial-Multiple Family Dwelling) District to C-M (Commercial-Manufacturing) District for property on Lindbergh Drive from College Street to Washington Boulevard Councilmember Cokinos moved to approve Ordinance No. 99-16 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 GC-MD (GENERAL COMMERCIAL-RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT TO C-M(COMMERCIAL- MANUFACTURING) DISTRICT FOR PROPERTY LOCATED ON LINDBERGH DRIVE FROM COLLEGE STREET TO WASHINGTON BOULEVARD,BEAUMONT,JEFFERSON COUNTY,TEXAS;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Smith, Goodson, Cokinos, Ames, and Davis Noes: None Minutes;3/23/99;Page 3 3. Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling- Highest Density) and GC-MD (General Commercial-Multiple Family Dwelling) to LI (Light Industrial) District for two blocks in the Oakwood Addition Councilmember Davis moved to approve Ordinance No. 99-17 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 TWO BLOCKS PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING) AND GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICTS TO LI (LIGHT INDUSTRIAL) DISTRICT LOCATED IN THE OAKWOOD ADDITION IN BEAUMONT,JEFFERSON COUNTY,TEXAS;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Smith, Goodson, Cokinos, Ames, and Davis Noes: None 4. Consider a request for a zone change from RS (Residential Single Family Dwelling)to RM-H (Residential Multiple Family Dwelling-Highest Density) and a specific use permit for a professional office building at 7685 Highway 105 Councilmember Cokinos moved to approve Ordinance No. 99-18 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 RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)DISTRICT,LOCATED AT 7685 HIGHWAY 105,BEAUMONT,JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None Ordinance No. 99-19 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PROFESSIONAL OFFICE BUILDING DISTRICT IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT 7685 HIGHWAY 105, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS was introduced. Councilmember Goodson questioned gating the entrance off Toliver Road and concerns about a through street and going into an intersection on Highway 105. Mr. Richardson said the applicant verbally agreed to installation of a gate. Minutes;3/23/99;Page 4 Councilman Goodson moved to approve Ordinance No. 99-19 with an amendment for addition of a condition to install a gate at the entrance of Tolivar Road. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 5. Consider a request for a specific use permit to allow boat and RV storage buildings in a GC- MD (General Commercial-Multiple Family Dwelling) District at 9405 College Street Councilmember Goodson moved to approve Ordinance No. 99-20 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW BOAT AND RV STORAGE BUILDINGS IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 9405 COLLEGE STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Smith, Goodson, Cokinos, Ames, and Davis Noes: None 6. Consider a request for a six-month extension on a specific use permit granted to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 6955 College Street Councilmember Goodson moved to approve Ordinance No. 99-21 ENTITLED AN ORDINANCE AMENDING ORDINANCE 97-14 BY GRANTING A SIX(6)MONTH TIME EXTENSION FOR A SPECIFIC USE PERMIT ALLOWING A DRINKING PLACE IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 6955 COLLEGE STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 7. Consider a request to abandon portions of Grove Street, Madison Avenue, Van Buren Avenue and utility easements in Block 6 and 15, Oakwood Addition to allow for the proposed co-generation plant to be built by Mobil Oil Councilmember Davis moved to approve Ordinance No. 99-22 ENTITLED AN ORDINANCE ABANDONING THE FOLLOWING RIGHTS-OF-WAY:(1)GROVE STREET BETWEEN DOUCETTE AND VAN BUREN; (2) MADISON AVENUE BETWEEN GROVE AND HOLLY; (3) VAN BUREN FROM THE EAST RIGHT-OF-WAY LINE OF GROVE STREET THENCE WEST 360 FEET; (4) THE 15' WIDE GENERAL Minutes;3/23/99;Page 5 UTILITY EASEMENT LYING BETWEEN GROVE AND HOLLY IN BLOCK 6, OAKWOOD ADDITION; AND (5)THE 20'WIDE GENERAL UTILITY EASEMENT LYING BETWEEN GROVE AND HOLLY IN BLOCK 15, OAKWOOD ADDITION, JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Smith, Goodson, Cokinos, Ames, and Davis Noes: None 8. Consider amending Section 6-21 of the code of Ordinances related to moving residential structures Ordinance No. 99-23 ENTITLED AN ORDINANCE AMENDING CHAPTER 6, SECTION 6-21 OF THE CODE OF ORDINANCES TO AMEND THE BUILDING CODE OF THE CITY OF BEAUMONT TO REGULATE THE MOVING OF BUILDINGS FOR RESIDENTIAL PURPOSES WITHING THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY was introduced. City Manager Ray Riley explained modifications, intent and purpose of this ordinance. He stated that the original ordinance required all buildings to meet codes before being moved. This ordinance allows buildings to be moved without meeting codes since damage could occur in the move to any improvements made. It is more cost effective to make repairs on site. The second change is submission of a $5,000 bond or certified check required to insure the structure will be brought up to code within 90 days from the relocation date. The $5,000 bond would be surety for repairs, and failure to make the repairs would result in forfeiture. Mr. Riley stated there is a fail-safe provision that would require the structures moved to meet 75 per cent of the average appraised value of structures within four hundred feet of the lot. Mr. Riley said 75 per cent was the percentage discussed previously, but could be modified to 50 per cent. Council discussed the value of lowering the percentage figure and Councilmember Cokinos asked Mr. Warner for verification of the acceptability of reduction to 50 per cent. Councilmember Goodson commented that he appreciates the concerns of businesses and stressed that the goal has been to protect the investment in existing neighborhoods and not allow deterioration of home values because of a non-conforming structure relocation. He stated that he has no objection to considering a 50 per cent appraised value clause. Councilmember Goodson also addressed residents having to wait excessively for a developer or property owner to bring the structure into compliance with codes. He pointed out that this ordinance will be more difficult for the City to administer, complimented Mr. Warner and Mr. Riley for reworking the ordinance, and reiterated that responsibility will fall on the City for enforcement. He spoke of supporting businesses, keeping structures on the tax roll and maintaining integrity of neighborhoods. Minutes;3/23199;Page 6 Mr. Warner responded to staff that included in the ordinance is a provision that when an application for a residential permit is made, there is a requirement for application for building permits for anticipated improvements. He stated that there is always a value that is associated with the improvements that gives opportunity for the City to know how much money will go into the structure. Also, Mr. Warner stated that if the proposed improvements fall short of the percentage, that information will be obvious before the structure is moved. Mr. Riley added that the fail-safe part is that in the event the permit to relocate is denied or after the ninety-day period, the building has not been rehabilitated, action of the Building Official may be appealed to the Building Code Board of Appeals. This independent, appointed authority will have the ability to review any exceptions. Councilmember Goodson moved to amend Ordinance No. 99-23 to lower the per cent of appraised valuation to 50 per cent. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Smith, Goodson, Cokinos, Ames, and Davis Noes: None 9. Consider a request from the Chamber of Commerce for economic development funding Councilmember Ames moved to approve Resolution No. 99-97 authorizing a contract with the Chamber of Commerce in the amount of$50,000 for the promotion of new and existing jobs, expanding existing businesses and attracting new employers and Resolution No. 99- 98 authorizing $7,500, a 50 per cent match for the Small Minority Business Economic Program. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Smith, Goodson, Cokinos, Ames, and Davis Noes: None Councilmember Davis suggested a one-year review of the Small Minority Business Economic Program to establish the possibility of complete $15,000 funding. 10. Consider removing Ward I and Ward 11 positions from the ballot for the May 1, 1999 General Election as a result of the incumbent councilmembers serving these two wards being unopposed Councilmember Davis moved to approve Ordinance No. 99-24 ENTITLED AN ORDINANCE AMENDING ORDINANCE 99-8 TO CANCEL THE ELECTIONS IN WARDS I AND II, DECLARE THE INCUMBENTS ELECTED, DELETE FIVE POLLING LOCATIONS FOR WARD I AND II, PROVIDING FOR Minutes;3/23/99;Page 7 SEVERABILITY AND PROVIDING FOR REPEAL . Mayor Pro Tern Patterson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Smith, Goodson, Cokinos, Ames, and Davis Noes: None 11. PUBLIC HEARING: Federal Transit Administration (FTA) Section 9 Grant Consider authorizing a contract to receive Federal Transit Administration funds and adopting a new fare structure for the Special Transit Services (STS) Program Public Works Director Tom Warner explained that typically the public hearing and grant application process is brought to Council in October and November, but the Federal Transportation Administration relocated to new offices and that, with other inconveniences, delayed movement on the grant application. Mr. Warner explained that the grant application is for September, 1998 to September, 1999. He stated that expenses are anticipated to be $2,700,000. Revenues and some planning monies total about $535,000, leaving a deficit of about$2.165 million. The grant request this year from the FTA is $1,017,561. Mr. Warner said this is less than the 50 per cent received in past years. However, TxDOT is contributing approximately $397,000 to subsidize the City's share. The City's share will be about $750,000. Mr. Warner distributed a summary of February's operating statistics and the Transit System's previous 12 months experience to Council. He spoke of the distribution between the Fixed Route System and the Special Transit Service. He reviewed numbers that indicated about 95 per cent of ridership was on the Fixed Route System, with 2 to 3 per cent on the STS. Records reflect that during the past 12 months, 87 per cent of expenses were for the Fixed Route System, and about 14 per cent for Special Transit Service. Revenues on the Fixed Route are about 94 per cent and about 6 per cent for STS. Mr. Warner said this information reflects that STS carries 3 per cent of our passengers and is actually costing about 14 per cent of operating costs. Mr. Warner reported that FTA regulations require that STS fares not exceed two times the fares on the Fixed Route. The present fares on the Fixed Route are $.75 cents for adults; therefore, fares on the STS cannot exceed $1.50. Mr. Warner said there are two exceptions are providing service beyond regulations or to a human service agency. Advance reservation is one type of service offered that entitles riders to get on an advance reservation list that basically guarantees service at a specific time. That is above regulations, and an area where more can be charged. Total advance reservations cannot exceed 50 per cent to keep space available for call in requests. For call in service, the Transit System has a two hour window to provide service, either an hour before or an hour after the requested time. Increased fares are also allowed for transporting human service agency clients. Currently, 35 to 45 per cent of ridership is for these agencies. One agency has 28 clients that ride the Transit System, 22 on a daily basis, 11 are on advanced Minutes;3/23/99;Page 8 reservations, and 11 on a first-come, first-served basis. Mr. Warner stated that consideration is being given an increase in STS fares from $1.50 to $3.00. This fee would be more compatible with the level of service that is being provided. The cost to provide a trip on the Fixed Route System is about $1.05, and on the STS, the cost is about $14.50 to $15.00. There is a greater expense for STS because of personnel costs. Mr. Warner said that clarification of information in the manual from the FTA should be made regarding human service agencies. A request for information has been made to the FTA. Mr. Warner requested that Council conduct the public hearing for a grant application and a fare increase, authorize the City Manager to execute a contract with the FTA, fares be increased to $3.00 for advance reservations, and a request for an increase in fares for STS be deferred until clarification is received from the FTA. When that information is received, Mr. Warner would like to bring that issue back to Council. Councilmember Davis questioned if action could be taken on the application and the fare increase addressed at a later date. Councilmember Ames asked how one gets on the advance reservation list, if it ever changes and questioned which system the fare increase was for. Mr. Warner explained that we are now at capacity, and someone may get on the list, if someone drops off. He said the fair increase is advance reservations. Mayor Pro Tern Patterson questioned the number of STS buses, and Mr. Warner stated that we have seven buses and operate five of them. He explained that under regulations, transportation has to be provided to every requestor, and that no one can be denied a ride. Also, Mayor Pro Tern Patterson clarified the percentage of advance reservations. Further Council discussion and questions concerned included complaints of being denied a ride because of lack of space, reclarification of the fare increase request, and reiteration of the 50 per cent capacity reservations. Mayor Moore inquired about the reception and results of extended transit service. Mr. Warner reported about an 8 per cent increase in ridership and about 17 per cent increase in revenues. More adults ride the bus in the evenings and pay a higher fare and the results are higher revenues. Mayor Pro Tern Patterson asked if funding for the STS program and the Fixed Rate System are all locked in, and if one could be used for the other? Mr. Warner explained that the grant application is for operating costs for both systems. For accounting purposes, they separate the different costs, but he explained that basically it is one account. Mayor Pro Tern Patterson spoke of the decrease in the grant amount and asked if the fare rate increase is to help subsidize the actual cost to provide the ride. She asked if revenues from the Fixed Route System could be used to compensate for the loss in the STS program. Mr. Warner explained that we get the same amount, and Mayor Pro Tern Patterson Minutes;3/23/99;Page 9 suggested raising the fare of both programs a little bit instead of just one. Mr. Warner explained the formula used and addressed loss of ridership with increased fares. He said $.75 cents is an average fare for a system our size, and said he doesn't want to increase fares on the Fixed Route System to a point of losing ridership. The public hearing was opened at 2:37 p.m. Beaumont State Center Executive Director Mr. Gary Hidalgo addressed Council to speak about those using the transit system from his agency. He concurred with postponing a decision on a STS fare increase, offered to meet with Council or staff to discuss the FTA guidelines, said the guidelines are very confusing, and volunteered to be a catalyst in arranging a meeting with other human service agencies and the City of Beaumont. He spoke of a burden on individuals and agencies. Mr. Hidalgo reported that he has spoken to Mr. Bob Jones in Fort Worth in an effort to understand the guidelines. He said he learned that an individual rider cannot be charged the increase. They can only be charged double the actual fare. Also, he said the guidelines allow for a higher charge to be assessed social service agencies, and there is confusion in the guidelines about this statement. Because someone is riding to the agency, the agency does not necessarily have to pay the increase. He further discussed contracts and other areas of confusion in the guidelines and the limited transportation services of his agency. He spoke of public or private responsibility, the funding provided, again stated support of postponing a decision for 60 days and meeting with City officials and other agency directors. Mr. David Hartman, Jr.,* 264 Rosine, addressed Council in opposition of a rate increase in fares and stated that incomes are not enough to afford an increase. Mr. Bill Proctor,* 4340 Westridge, addressed Council in opposition to elimination of monthly bus passes on the Fixed Rate System. Mr. Proctor spoke of the savings and convenience of monthly passes for those who regularly use the system. He said he would rather pay more for the pass than for it to be permanently eliminated. Mrs. Alice Ramsey, 3440 Goliad, began addressing Council by quoting a statesman who said, "We have to be concerned about those in the dawn of life, which are our children; those in the sunset, who are our senior citizens; and those in between who are disabled, disenfranchised and poor." Mrs. Ramsey said our handicapped fall in all three categories and spoke in support of providing affordable transportation for those who have much need. Mr. Jimmy* (last name and address not discernible), addressed Council to state that it is hard to always have the money for bus fare. Mayor Moore interjected that these citizens illustrate that the service Beaumont renders is very valuable and points out the challenge for the service, the driver, and the individual receiving the benefit. Mayor Moore stated that for the last five years, statements have been made about local government becoming more regulated and financially responsible in all Minutes;3123199;Page 10 aspects of community service. Mayor Moore remarked that it is better to have a service, even if it is less than it was previously, than not to have the service at all. We want a good, affordable mass transit service for everybody, but we all may have to make some sacrifice. He commented about Mr. Hidalgo's statement of not understanding what is being asked in the FTA guidelines, but said we continue to work to an answer or a point beneficial to everyone. Mr. Roberto Flores, Sr., 2425 Buchanan, stated he is a case manager at Beaumont State Center and many of his clients use this transportation. He said this is a difficult situation to face because these are not strong, able-bodied people, but individuals dependent on others. Mr. Flores said we can't do anything about state or national issues, but we can do something about this. He spoke of extended bus service being provided for a limited number of people, and quoted "that a strong society is judged by how it treats those of the weakest among you." Mr. Flores challenged Council to look at these individuals and say no. Mayor Moore replied that Council certainly is not saying no, but looking at how transportation can be made to work for everybody. Mr. Bill Munson, General Manager for the Beaumont Transit System, addressed Council to clarify that handicapped individuals speaking today will not be affected, verified that regulations seem to imply that social service agencies can be charged extra money, and said individuals riding to an agency or anywhere else will not pay additional fares. He said a monthly pass is currently sold for$40.00, and people who use the pass twice daily take 40- 46 trips monthly for that amount. Less than a dollar is received for that level of usage. The goal is to receive $1.50 for a ride that costs over $14.00 per ride. Advance reservation individuals would be the only clients affected. They will pay $3.00 per ride. Councilmember Davis asked if it would be fair to gather all information and return later to consider a fare increase, but authorize a grant application now? He said that deferral would allow opportunity to discuss the matter and acquire knowledge of game rules. He spoke in support of moving forward with the application and allowing staff and agency members to discuss and bring back to Council correct information. *These persons addressed Council from wheel chairs. There being no one else desiring to speak, the public hearing was closed at 3:00 p.m. The City Manager asked Council to approve a resolution authorizing a grant application to the Federal Transit Administration for operating assistance in the amount of$1,017.561 and defer action on any rate adjustment. Councilmember Davis moved to approve Resolution No. 99-99 authorizing submission of a grant application and execution of a grant agreement with the Federal Transit Administration in the amount of$1,017.561 to partially fund the Beaumont Municipal Transit Minutes;3/23/99;Page 11 from October 1, 1998 through September 30, 1999 (FY 1999). Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 12. Consider an ordinance declaring three structures to be dangerous and ordering the owners to raze the structures within 30 days Ordinance No. 99-25 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION, RENOVATION AND REMOVAL; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY was introduced: The City Manager reviewed the directive of Council from the February 23rd to bring back the structures at 1170 Ashley, 1180 Ashley and 5060 Chambers with a staff report regarding improvements. The report indicates the structures have not been rehabilitated, and the ordinance presented allows for demolition. Councilmember Davis informed Council that he has had two opportunities to speak with residents living near the structures on Ashley Street, and that the owner of the structures has not communicated with the neighbors. Councilmember Davis expressed that enough time has been given for rehabilitation and spoke in support of demolition of these structures. Time was given to board up and fence in the structures in an attempt to help the neighbors, but nothing has occurred. Field Supervisor Pam Loiacano gave an updated report to Council. She stated there might have been an attempt to board and secure the properties on Ashley, but the boards that may have been put up were removed at her inspection. No repairs have been made; there has been no contact with Mr. Hadnot. She stated that many complaints have been received about the state of the structures and the activities that occur inside them. Councilmember Davis stated that Mr. Hadnot is not responsible for the drug problems, but his property lends itself to that activity. Since the owners of the structures did not address the subject at the appropriate time on the agenda, Mayor Moore asked for Council approval to suspend the usual rule and allow owners of the properties to speak at this time. Mr. Hadnot explained his work situation, said he boarded up the structures, but the boards were removed. He spoke of how he attempts to keep his property clean and the calls he makes to the Police Department about individuals entering his property. He said the Police understand the problems of the neighborhood, he fixes, and individuals destroy his efforts. Mr. Hadnot stated he understood he would be informed of a neighborhood meeting to attend. Minutes;3/23/99;Page 12 Councilmember Davis reminded Mr. Hadnot that he requested him to remain after the last hearing to discuss the problem and said this is a very difficult decision. He complimented Mr. Hadnot's integrity and intentions, but explained that a group of elderly ladies are concerned about activity in the structures and told Mr. Hadnot that he is responsible for securing the buildings. Councilmember Davis told Mr. Hadnot that he is not the problem, but he owns the structures where there is tremendous drug activity occurring. He spoke of police surveillance and presence in the area. Councilmember Davis said he concurred with a 30-day extension in February because of Mr. Hadnot's plea, but recommends moving forward with demolition of the two properties. Mr. Hadnot responded that it is not his fault others are using his buildings. Mayor Moore confirmed with Ms. Loiacano that there did appear to be an effort to secure the buildings. Ms. Loiacano said there is an unboarded window that allows traffic in and out of the building. She stressed that if Mr. Hadnot would have moved forward with his work program in a timely manner and had someone been living in the structure, of this activity might have been avoided. She said the rehab time has been long and the money spent has been destroyed because the structures are not secured. Councilmember Ames clarified that the initial inspection of these structures was in 1996, and there have been three work programs initiated, but not completed, and no one has resided in the structures during that time. Mayor Moore inquired if one structure is better than the other, and staff reported that 1170 Ashley may be more structurally sound. Rehabilitation costs were reviewed. Mayor Moore spoke of Councilmember Davis' obligation to consider the welfare of all his constituents and stated that he has difficulty and heartache in tearing down the property of anyone, especially if an effort is in place. After further discussion, Mayor Moore asked Mr. Hadnot if he could make a choice of one of the structures to rehabilitate and then take effective steps toward completion of one structure. He told Mr. Hadnot this is one compromise he could offer. Mr. Hadnot said he preferred to demolish 1170 Ashley and start a work program on 1180. He said he would like to tear down the structure himself and use the materials for repairing the remaining structure. Mayor Moore asked for Council support of this proposal, and Councilmember Davis responded that he has visited this area at the request of elderly ladies, said no improvement regarding safety of the neighborhood has been made, and further asked for Council support for his recommendation to move forward with demolition for both properties. Council reviewed the possibilities of voting on this ordinance with Mr. Nichols. Mayor Moore invited additional citizen input. Ms. Annie Guidry addressed Council to request additional time to repair the structure at 5060 Chambers. She stated that Ms. Loiacano and Mr. Don Burrell inspected the property and filed negative comments, but said there have been improvements to the property. Minutes;3/23/99;Page 13 Mayor Moore asked Ms. Loiacano for an update on the structure. Ms. Loiacano reported that she and Don Burrell, the Chief Building Official, inspected the structure on March 3, 1999. She explained that as she reported to Council on February 23rd, rafters have been changed, but did not appear satisfactory enough to pass an inspection. The inspection proved the changed out rafters were not acceptable. She said there are still many repairs that need to be accomplished. Ms. Loiacano restated that this is a burned structure, and said that it is most important that all charred material in a burned structure be removed and replaced with new materials. As badly as this structure was damaged, Ms. Loiacano explained that to bring it up to code would be very costly. All attempts have been to no avail because the materials used were not in conformity. Ms. Loiacano reported to Council that a list of violations is enclosed in their packet. She told Council that Mr. Burrell is available to answer any questions. At the request of Mayor Moore, Mr. Burrell reported that at the time of inspection, no improvements have been made. Mr. Burrell said the only way to bring the building up to code requirements is to demolish the structure and rebuild it. Ms. Loiacano spoke about the list of repairs and cost estimates given to Ms. Guidry after the original inspection. Ms. Loiacano reported that no repairs had been made by March 3rd. Additional Council questions and comments included confirmation that a list of violations were given to the owner, date of the initial inspection was in 1994, and the number of work programs with no completion, the nuisance created for neighbors by extended work programs, and ample time given for repairs. Ms. Guildry stated that no repairs were made because she received another letter before the 30 days given her in February had lapsed, and it would have done no good to begin repairs. Ms. Loiacano again completely reviewed the activity on this structure regarding work programs, inspections, and materials used. Mayor Pro Tern Patterson stated that "if we are going to continue to provide a safer and a cleaner community, then we must take a stand. We can't keep going over and over and over the same structures that are coming back year after year after year." She said if repairs cannot be made in a three-year period, they cannot be done now. Mayor Moore questioned the letter Ms. Guidry referred to receiving. Ms. Guidry said the letter was for her to meet with Ms. Loiacano and the building inspector. During that time, Ms. Guidry said she received another letter regarding demolition and couldn't do anything. Lengthy conversation continued with Ms. Guidry about the letters received, her attempts at progress, and her perception of the amount of time for an inspection and repairs. Other information received was the notification sent to Ms. Guidry, condition of the structure that included a cracked slab and charred materials, and costliness of repairs. Minutes;3123/99;Page 14 Mayor Moore confirmed that no improvements were made between February 23 and March 3. He spoke of immediate action needing to be taken and the extent of repairs needed. Ms. Guidry again complained of receiving another letter and being unaware of it being necessary to make repairs. Mayor Moore addressed the costliness of necessary repairs and redoing the work that has already been accomplished. Mayor Moore requested a copy of the minutes of the February 23rd Council meeting for review and asked that action on this structure be deferred one week. Councilmember Davis moved to approve and amend Ordinance No. 99-25 to demolish the structures at 1170 and 1180 Ashley and remove 5060 Chambers from the ordinance. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Patterson, Councilmembers Smith, Goodson, Cokinos, Ames, and Davis Noes: Mayor Moore Mayor Moore clarified that the two structures on Ashley would be demolished and action on 5060 Chambers deferred for one week. COMMENTS * Councilmembers comment on various matters Councilmember Smith commented about a meeting held this morning at the John Gray Institute about the Spindletop 2001 celebration. She said several working committees met and a lot of great ideas exchanged. She encouraged citizens to become involved in some manner for this promotion of Spindletop. Councilmember Goodson reminded everyone that on Wednesday and Thursday newly elected legislators will be recognized with Beaumont Day in Austin. He expressed appreciation to our Convention and Visitors Bureau for their assistance in helping coordinate an effort to carry a message to our legislators expressing gratitude for the work done on our behalf. Councilmember Goodson commented about ordinances and actions that have been taken to protect the sanctity of existing neighborhoods as well as homes under raze or repair orders. He said allowances for not making timely repairs is a detriment to the remaining homes. Both problems of this process is appreciated, but drug dealers allowed to ply their trade puts residents at risk. It is the responsibility of the property owner to bring a structure up to code and maintain the condition. He stated that he will continue to take a hard stand on this issue because it is the property owners responsibility, and if they do not accept the responsibility, the structures will be condemned. Minutes;3/23/99;Page 15 Councilmember Davis stated that "it is with no pleasure at all" that demolition items have to be moved forward, but agrees with Councilmember Goodson that the most important issue is the overall good of the community. No one individual is more important than the entire community. Councilmember Davis stated that Council was not overly harsh in action today because the structures were first on the agenda in 1996, that an additional 30 days was allowed, and had there been a fence or communication with neighbors, another position may have been taken. He thanked Council for the action. Mayor Pro Tern Patterson concurred with Councilmember Davis that heartless action was not taken, but rehabilitation efforts have been extended over and over, and that at some point a stand must be taken. Mayor Pro Tern Patterson announced a South Park Neighborhood meeting Thursday at 6:30 p.m. She reported that last Friday Ronald and Tammy Giles celebrated a business venture by opening The Jewel Plaza and wished them much success. Mayor Moore said this Council has made a lot or progress getting people to repair and save structures and spoke about difficulty in getting housing starts to happen. He spoke of the dangers and safety issues for children or adults, and said that Council feels some responsibility to avoid that happening. Over 200 structures have been removed this past year. He stated that his vote today was not against Council, but was giving opportunity for a compromise for a citizen to salvage some of his property who was somewhat delinquent in his efforts. Mayor Moore reiterated that he fully supports members of Council in the movement to clean up dilapidated structures, and said he wants citizens to feel they have received fair treatment. * Public Comment (Persons are limited to 3 minutes) (Mayor Moore left the Council Chambers at 3:47 p.m.) Mr. Leonard Carlisle, 995 Forsythe Street, began to address Council, but was given opportunity to delay his comments until Mayor Moore returns. Ms. Roberta Verrett, 8425 Broussard Road, addressed Council regarding Item 8 relative to moving residential structures. Ms. Verrett questioned how to process moving their home to acreage they recently purchased. Ms. Broussard was instructed to meet with staff regarding required permits. (Mayor Moore returned at 3:48 p.m.) Mr. Lynn DeMary, 430 East Elgie, addressed Council relative to the structure at 5060 Chambers to state that he has received questions from neighbors south of the structure regarding a demolition date. He said there have been concerns for a number of years. Minutes;3/23/99;Page 16 Mr. Leonard Carlisle, 995 Forsythe Street, requested a meeting with Mayor Moore, and referred to a previous telephone call. Mr. Carlisle complained about his house being moved from 908 to 995 Forsythe. He stated there was not a contract to move the house, but there was a permit. Mr. Carlisle said he nor Dr. Ronald Drury were not contacted and referred to a sentence in a code stating that"a copy of the proposal to the property owner with owner's signature indicating acceptance." Mr. Carlisle said the house was moved in June without a follow-up inspection. He attempted to contact the mover without results and then contacted the City who discovered violations. He spoke of a process putting pillars under the house, sending insurance information to the insurance company and receiving a letter stating violations were clear. Mr. Carlisle discussed peers, pads and concrete blocks used. (Councilmember Smith left the Chambers at 3:52 p.m. and returned at 3:57 p.m. during Mr. Carlisle's comments.) Councilmember Davis interjected that Mr. Carlisle's contention to him was that the pillars used were not standard, and his complaint is why was it allowed by the City, why was it not passed at one point and then later passed. His belief is that the building codes were not followed by using correct pillars. Mr. Carlisle stated that he was under the impression that if a permit was issued and the structure moved that another inspection is required. He said that did not occur, and he called in November for an inspection after he saw problems. Mayor Moore said staff has done some investigation and thought there had been some kind of rectification or compensation of the problem. Mr. Carlisle stated that he has not been contacted. Mayor Moore requested that Mr. Carlisle meet with him after Council. Mr. Roberto Flores, 2425 Buchanan, referred to sometimes listening to radio news commentator Paul Harvey and "The Rest of the Story." He paralleled that to previous comments made, and said the Avenues Neighborhood Association is progressing. A meeting was held last night and committees have been formed to raise funds. Discussions are in process with BISD to use an empty lot across from Fletcher for various celebrations, and reported that the recently elected president is unable to fulfill his obligation and the vice- president took over as president last night. He shared that participation in the neighborhood association has primarily been of Hispanic descent, but the new president, Mr. Robert Prados, is an African American. Mr. Flores quoted Dr. Martin Luther King's statement about judging a man or individual by the content of his character and not his color. He spoke about the diversity in place in the Avenues Neighborhood Association and said the plan presented to Council was a good plan for the community and Beaumont. He asked that negative comments be taken with a grain of salt. Councilmember Davis agreed that the Avenues Neighborhood Association is progressive and suggested to Mr. Flores that a non-profit status be secured before collecting funds to avoid any problems. Minutes;3/23/99;Page 17 Mr. Hadnot, Ashley Street, addressed Council to again state that it was not his fault that the structures were broken into, and stated that he is suffering because of the actions of someone else. He said he wanted to start a work program on 1180 Ashley, and his houses being demolished will not eliminate the activity of the people involved. He asked to start a work program on 1180 Ashley and tear down the structure at 1170 Ashley. Mayor Moore informed Mr. Hadnot that a vote has already been taken, said that additional time had been granted, and said it appeared Mr. Hadnot was genuine in his efforts, but was unable to make the necessary repairs. Mr. Hadnot requested an opportunity to tear down the structures to salvage the materials. Mayor Moore told Mr. Hadnot he could demolish the buildings, if it was accomplished in a timely manner. Councilmember Davis requested that Mr. Hadnot be given every opportunity for demolition, and that an inspection be made after the demolition to insure clearance and removal of litter and that the property is leveled. Ms. Loiacano advised Mr. Hadnot that after demolition permits are obtained, he may come to the Clean Community Department for a dump allowance certificate to haul unwanted materials to the landfill at no cost. RECESS FOR BEAUMONT HEALTH FACILITIES DEVELOPMENT CORPORATION *Recess Council meeting and convene meeting of the Beaumont Health Facilities Development corporation to consider: Resolution approving the redemption of Beaumont Health Facilities Development Corporation $2,500,000 Health Facility Development Revenue Bonds, Series 1984 (Southeast Texas Surgical Center Health Facility), and $500,000 Health Facility Development Revenue Bonds, Series 1984-A (Southeast Texas Surgical Health Facility) EXECUTIVE SESSION *Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Manager There being no further business, the meeting recessed at 4:05 p.m. Minutes;3/23/99;Page 18 7 David W. Moore, Mayor Barbara Liming, City Cler Minutes;3/23/99;Page 19