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HomeMy WebLinkAboutMIN MAR 30 1999 M I N U T E S - CITY OF BEAUMONT 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 30, 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 30, 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 1:33 p.m. Pastor Bob Arnold, Northwood Christian Church, gave the invocation. Mayor Moore 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: "Sexual Assault Awareness Month," April, 1999. *Public Comment: Persons may speak on scheduled agenda items Citizen comment was invited on the Consent and Regular agenda Items. Mr. Raymond Chaisson, 1130 Lamar Street, addressed Council in opposition to Agenda Item 2 closing Herring Street. He claimed that closing the street would be detrimental to people in that area, and said Council has not been caring toward that area recently and set back progress gained in the past 75 years to the days of slavery. Mr. John W. Scott, 4715 Lanark, addressed Council on behalf of residents living on Lanark Lane and Drummond to request that Lanark Lane be included in the Street Rehabilitation Program. He distributed pictures to Council showing the condition of the street. Mr. Scott said the street has not been resurfaced since installation 46 years ago. He said about 15 to 20 percent of the surface is patched with the area in between being in poor shape. Also, he stated that the street is very uneven and expressed appreciation for consideration of rehabilitating Lanark Lane. *Consent Agenda * Approval of the minutes of the regular meetings held March 23, 1999. * Confirmation of committee appointments: Glen Durst, Judge Larry Thorn, Vernon Dunn and Brenda Garison to the Beaumont Advisory Commission for Prevention of Child Abuse and Neglect - Resolution No. 99-100 A) Authorize a contract to provide EMS service to Emergency Services District #1 - Resolution No. 99-101 B) Approve a Joint Use Agreement with Jefferson County Drainage District No. 6 for Walden Road Improvement Project - Resolution No. 99-102 C) Approve a payment for relocation assistance related to the Concord Road Improvement Project ( to Mr. and Mrs. James Lee in the amount of $10,901.25) - Resolution No. 99-103 D) Approve the acquisition of property for the Concord Road Improvement Project (Parcel #51: .049 acre, A. Williams Survey, 3285 Concord Road, $5,799.00, from N. E. McLain) - Resolution No. 99-104 E) Approve improvements constructed in Gladys West Addition, Section Five for City maintenance - Resolution No. 99-105 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Ames 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 approving a contract for the construction of a new softball facility at the Athletic Complex Councilmember Cokinos moved to approve Resolution No. 99-106 authorizing a contract with Daniels Building & Construction, Inc. in the amount of$1,427,900 for construction of a new softball complex at the Athletic Complex on College Street and substantially completed by July 15, 1999. Councilmember Smith seconded the motion. MOTION PASSED. Minutes;3/30/99;Page 2 Ayes: Mayor Moore, Mayor Pro Tern Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None Mayor Moore mentioned the economic impact that will be realized by national utilization of this baseball field. Councilmember Smith congratulated Jef Russell and his Convention & Tourism staff for being responsible for attracting the tournament to Beaumont last year, and said we are very excited about them returning this summer. Mayor Moore added accolades to Mr. Russell and his staff, and invited Mr. Russell to make comments and mention others that have become involved in this event. Mr. Russell thanked Council for their support, and said that 128 teams throughout North America will be in our community for seven to nine days for the tournament. He said that Tommy Voss with Mobil Oil is the driving force behind the tournament in working with the American Fast Pitch Association. Mayor Moore thanked all other organizations that came forward last year that included Beaumont Bone and Joint, water distributors, EMS, paramedics and others. He expressed the opinion that they wanted to return because of the level of reception received in Beaumont. He said it was a tremendous weekend and all hotel and motel rooms were filled. Mr. Russell reported that all hotel and motel rooms were full beyond Beaumont from Winnie to Lake Charles, Louisiana. He stated that this year's tournament is anticipated to be on a grander scale with about a 40 per cent increase in attendance. Teams from Canada have already been signed up. He confirmed that there was a good mix of community participation last year, but the one single factor they spoke about most was the incredible support and interest displayed by the Mayor, City Council, City Manager and City Attorney in their visit to the tournament. 2. Consider a request to abandon Herring Street between Buford and Stewart and the 20'wide alleys located in Blocks 4 and 7, Neches Park Addition Ordinance No. 99-26 ENTITLED AN ORDINANCE ABANDONING HERRING STREET BETWEEN BUFORD AND STEWART AND THE 20'WIDE ALLEYS LOCATED IN BLOCKS 4 AND 7, NECHES RIVER PARK ADDITION, BEAUMONT, TEXAS, JEFFERSON COUNTY, TEXAS was introduced. Councilmember Davis commented that in developing industry in residential areas, diligence must be taken, and complimented Planning Director Steve Richardson and his staff and the Port Authority. Councilmember Davis said the key statement made by the City Manager in presentation of the item was that the intent for use of this area is not anything industrial. It Minutes;3/30/99;Page 3 will be an office complex and good for the area. He reported that the Charlton-Pollard Neighborhood Association and others strongly support this request, and stated that investing $3 million into the community does not equate to any type of slavery. Councilmember Davis said his record on Council witnesses that he would not tolerate that type of behavior, and thanked Council for the large investment made in rehabilitating the Charlton-Pollard neighborhood. Councilmember Davis moved to approve Ordinance No. 99-26. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Smith, Goodson, Cokinos, Ames, and Davis Noes: None 3. Consider approving an agreement with Enron for placing the pipeline out of service at the proposed Ditch 109 Crossing Councilmember Smith moved to approve Resolution No. 99-107 authorizing an agreement with Enron (for the Walden Road Project and at Major Drive) Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Smith, Goodson, Cokinos, Ames, and Davis Noes: None 4. Consider an ordinance declaring 5060 Chambers to be a dangerous structure and ordering its removal Ordinance No. 99-27 ENTITLED AN ORDINANCE CONCERNING THE DEMOLITION AND REMOVAL OF THE STRUCTURE LOCATED AT 5060 CHAMBERS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY was introduced: A motion for approval was made by Councilmember Cokinos and seconded by Councilmember Smith. Mayor Pro Tern Patterson referred to the March 23rd Council meeting granting 30 days to meet with Field Supervisor Pam Loiacano, assess the structure and come back to Council within 60 days. The full 60 days have not lapsed, and Mayor Pro Tern Patterson advocated an extension for the full amount of time as previously stated. Mayor Moore spoke of Ms. Guidry not being able to secure permits because the assessment was made that some of the work would have to be redone, and it would be very costly endeavor for her to undertake. However, in the spirit of doing what is right, Mayor Moore Minutes;3/30/99;Page 4 said he is inclined to work with this resident. Permits should be issued, and if she does not fulfill the repairs, the structure will be demolished. Mayor Moore stated he did not want anyone to feel that permits were withheld, and they were not given an opportunity to rehabilitate their structure. Ms. Loiacano stated that permits can be issued, but the materials she is using is not acceptable to bringing the structure up to minimum housing codes. The materials will have to be removed, and the project begun again. Lengthy Council discussion included the high cost for rehabilitation, the appraised value of the structure being $450, the number of work programs, reference to conversation with Ms. Guidry about when she could commence working on the structure, opinion that this house is unlikely to rehabilitated in 60 days and should be razed, failure to start a prompt work program, commitment to neighborhood, and work permits not issued after staff review. Mayor Pro Tern Patterson stated that her interpretation of an excerpt from the meeting told Ms. Guidry she would have 60 days and could not start a work program until then. She read from an excerpt of the meeting where Mayor Moore requested that the Field Supervisor inspect the property, Ms. Guidry meet with Pam Loiacano within 30 days and assess the situation, and after the assessment, come back to Council within 60 days, and if possible, get started on a work program. Mayor Pro Tern Patterson emphasized that Ms. Guidry was not allowed to start a work program and moved to allow her this time and come back by April 23rd. Councilmember Goodson pointed out there was already a motion on the floor. After further discussion regarding the magnitude and cost of repairs, the 60-day commitment, bringing the structure back to Council, restatement of Mayor Pro Tern Patterson's suggestion for a motion, completion date, review of Section I of the ordinance presented, staff conduct with Ms. Guidry, ramifications of a raze or a raze or repair order, and clarity in the ordinance, the motion and second were withdrawn. Councilmember Cokinos moved to amend Ordinance No. 99-27 to order raze or repair of the structure at 5060 Chambers within 30 days (begin the work program within 30 days and complete within 120 days). Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Smith, Goodson, Cokinos, Ames, and Davis Noes: None Mayor Moore requested that Field Supervisor Pam Loiacano contact Ms. Guidry, make her aware of the decision and inform her about obtaining permits and begin work within 30 days. OTHER BUSINESS *Review the 1999 Street Rehabilitation Program and proposed amendments Minutes;3/30/99;Page 5 Mr. Riley referred to presentation of the 1999 Street Rehab Program on February 2nd with an extensive list of streets and two schedules that included those in the Rehabilitation Program for this year and a list of other eligible streets. Bids will not be received until Council approves the streets to be included in the program. He said that each year, a collection of almost $122,000 is received per month through the Street User Fee, or about $1,450,000 annually to use for the Street Rehab Program. The first presentation represented about$1,400,000 million. At that presentation, Council was asked to make any modifications before approval of the list. Two proposed amendments to the February 2nd list are included for consideration. The first amendment is made by Mayor Pro Tern Patterson to delete 23rd Street from the 1999 Street Rehab Program and pursue its inclusion in the Capital Improvement. Cost of rehabilitating 23rd Street from College to Washington Boulevard is estimated to cost $227,000. Addition of Adilade--Edmonds to Dead End; Booker Street-4th to Pradice; Canal--W. Brenham to Hollywood; Carver--Goliad to Pradice; Crockett—Canal to 6th; Donohue—Elinor to Washington; Edmonds--4th to 5th; Garden--Sarah to Dead End; Hebert--4th to 5th; 011ie--Usan to Inca; Preston--Hebert to Potts; and Waco-- Washington to SP Road at an estimated cost of $230,000 is requested. The second amendment at the request of Councilmember Cokinos is to include Lanark--Edson to Gladys, at an estimated cost of$23,000. Mr. Riley said all of these streets are included as part of the eligible streets for rehabilitation. The request is for Council to approve 1999 Street Rehab Program, consider the proposed amendments, authorize streets Council would like to be rehabilitated. Bids will then be received, and the program will move forward. Funds will be collected through the Street User Fee at about $1.4 million for 1999. Councilmember Davis stated that he is interested in rehabilitation of the Avenues and Long Street in the future, possibly next year. A motion was made by Councilmember Cokinos to approve the 1999 Street Rehabilitation Program with proposed Amendments 1 and 2. Councilmember Davis seconded the motion. Motion passed. Ayes: Mayor Moore, Mayor Pro Tern Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None Mayor Moore remarked that the funds from the Street User Fee makes rehabilitation an annual project, and the ultimate goal is to get to every residential street in the community. Since 1991 about $1.5 million in street repairs have been accomplished each year. Councilmember Smith voiced support of the process in which the Engineering Division recommend the streets that need priority consideration. Also, she reviewed the original thought process that led to repairing some streets first to avoid major repairs and expense versus rehabilitation some beyond that point. Minutes;3/30/99;Page 6 Mayor Pro Tern Patterson expressed appreciation to City staff for the changes made and concurred with Councilmember Smith that the process works. She said that since 23rd Street was only going to be repaved at this time, more streets were able to be repaired. She spoke of the concerns of the citizens on 23rd Street regarding repaving and curb and guttering. COMMENTS * Councilmembers comment on various matters Councilmember Cokinos thanked residents on Lanark Street for being in Council regarding their concern about their street. Councilmember Goodson thanked Jef Russell and Adam Saunders for their participation in Austin last week. He reported a dinner was held on Wednesday and a meeting Thursday with State Representatives and Senator to express appreciation for their work and to give support for legislative programs they are advocating for our area. He said the meetings went extremely well and thanked Senator Bernsen, Representatives Deshotel and Ritter for the proclamation given in the House and Senate. Councilmember Goodson said he and Councilmember Ames were able to receive the Senate proclamation from Lt. Governor Perry in the absence of Mayor Moore. Councilmember Goodson reported on other groups that were available and said this is a tradition that we should continue each year. Councilmember Ames agreed that all went well in Austin and thanked all the citizens that took time to participate. Councilmember Davis expressed a concern to the City Manager about criminal activity in a building at Magnolia and Plum. He also reported a complaint of Mr. Shilette on storage of vehicles at 1525 Crockett and requested an inspection to ensure there are no code violations. He also addressed a site at to be used for homes in the north end area at Edwards School, and if is possible, encourage the Housing Division to move forward with building homes and a park area. Mayor Pro Tern Patterson invited everyone to attend the Tyrrell Park Neighborhood Association meeting Monday, April 5, at 7:00 p.m. at the old Tyrrell Park Elementary School. Also, she recognized Mr. Nelson Mouton as the new president and Ms. Georgine Guillory as vice-president of the Pear-Orchard Neighborhood Association and commended them for their volunteer work. Mayor Moore thanked the Convention & Tourism Department and Councilmember Goodson for spearheading the meeting in Austin. He said that nearly 200 people attending included City officials, representative from Entergy and Lamar University, and a large number and mix of citizens, and was sorry he had to leave early. Mayor Moore acknowledged the efforts of Senator Bernsen trying to protect our water resources and motivating everyone to think about the importance of this natural resource. Minutes;3/30/99;Page 7 * Public Comment (Persons are limited to 3 minutes) Mr. Nelson Mouton, 4270 Caroline, newly elected president of the Pear Orchard Neighborhood Association, expressed appreciation for the opportunity to serve in this position and acknowledged the vice-president is usually one of the hardest working members of a group, and said he will hold Ms. Guillory to that expectation. Ms. Georgine Guillory, 3690 South 11 th, vice-president of the Pear Orchard Neighborhood Association, said she is looking forward to getting a job done for the citizens and will support Mr. Guillory and complimented the selection of Mr. Mouton as president. Ms. Alice Ramsey, 3440 Goliad, complimented Mr. Mouton, a classmate of hers, as president of the Pearl Orchard Neighborhood Association. Ms. Ramsey referred to street rehabilitation for Nelson, Preston and Donahue being short streets and alleys and a waste of money at this time. She stated there is a dire situation around Odom and Blanchette where children are everyday and supported rehabilitation of those streets. Mr. Adam Revia, 2185 West Freeway, #34, in Vidor, an employee of the Beaumont Housing Authority in the Resident Initiative Department, stated that in 1992, the Housing Authority received the Public Housing Drug Elimination Program grant from HUD. That grant has since been received annually. In honor of that program, the first annual Drug Eradication March will be held on April 9, 10:00 a.m., at Magnolia Gardens. There will resident council organizations, representatives from the offices of Representative Cuomo, Representative Lampson's, Governor Bush and others. He invited Council to attend and show their support for the advances made to eliminate drugs from public housing. Mr. Revia distributed fliers to Council. Councilmember Davis complimented a presentation Mr. Revia gave at Lucas Gardens, and said he did an excellent job in getting citizen participation. Mr. Benny Mendoza, 5655 South Kenneth, addressed Council regarding the success of the Avenues Neighborhood Association, pledged to work with them, and confirmed to Councilmember Davis that he is pleased with the new president, Mr. Prados, and that there is a need for housing in that area. Mr. Raymond Chaisson, 1130 Lamar, thanked Councilmember Davis for assistance in getting the driveway fixed at the Weed and Seed Office. He said progress is being made, but at a slower rate than he would like. He again voiced appreciation for Councilmember Davis's help. Councilmember Davis told Mr. Chaisson that he is fortunate to have him in the his Ward and appreciates what he has done to eradicate drugs within the Weed and Seed Program. Minutes;3/30/99;Page 8 Mayor Moore commented that sometimes slow and deliberate progress is better than rapid progress because individuals get caught up in a rush at the beginning and then quit. He said that he is very impressed with the removal of some elements in the neighborhood and grooming of property and planting of flowers. Ms. Emily Larouse with the Southeast Food Bank addressed Council to request consideration to designating funding from CDBG monies for the agency. She spoke about the great strides made in economic development, but said there are a lot of people not impacted by that development, especially the elderly, the ill, and children. She spoke of the number of poor and hungry people, and said alarming statistics show one in four children in Texas live in poverty. She asked Council to help her make a difference in Southeast Texas with the silent and suffering people. Mr. Allen Lee, 5095 Maddox, congratulated Council candidates, said a petition for tem limits will be filed next week, and hopes support will be given from candidates and organizations. Mr. Lee complained that houses were taken from Mr. Billy Hadnot last week, said they were repairable and taken only because they are not securable. Mr. Lee informed Council that he and Mr. Hadnot filed an appeal regarding action to demolish his houses with the City Clerk's office. He spoke of the Code not being definitive about where to file the appeal. Mr. Lee stated the problem was that Mr. Hadnot had called the Police Department over 50 times. He claimed that other areas of town would have received a quicker response and removal of drug activity. Mr. Lee said they will contact the City Attorney's office, said Council has the option to board up the houses, and expressed other opinions. Councilmember Davis stated that in fairness to Mr. Hadnot, it is very important to look any appeal process that is available. City Attorney Lane Nichols interjected that Mr. Lee is confused. The section referred to is the section that authorizes Council and staff to give notice to a person to board up their structure, and there is an appeals process under that section. The house was declared to be dangerous under Section 14-58. Notice was given and due process is provided and an appeal is provided by allowing the person to appear before City Council. Mr. Hadnot appeared several times before City Council regarding his structures. Mr. Nichols said the section cited in the notice of appeal is not apposite to this issue. Mr. Lee claimed this section of the Code is unclear and vague, said he will call the City Attorney tomorrow, and if they can't come to common ground, he will go higher. Mayor Moore clarified that Mr. Nichols was speaking to the two previous appeals by Mr. Hadnot and questioned any other form of appeal of which Council is not aware. Mr. Nichols replied that there is no other form of appeal. EXECUTIVE SESSION - Not Held Minutes;3130/99;Page 9 • Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: GreenTree Administrators, Inc. v. City of Beaumont • 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 adjourned at 2:54 p.m. DavidV. Moore, Mayor Barbara Liming, City Cler Minutes;3/30/99;Page 10