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HomeMy WebLinkAboutMIN JUL 13 1999 M I N U T E S - CITY OF BEAUMONT Lulu L.Smith DAVID W. MOORE, MAYOR John K.Davis,Mayor Pro Tem Guy N. Goodson CITY COUNCIL MEETING Andrew P.Cokinos Bobbie J.Patterson JULY 13, 1999 Becky Ames Lane Nichols,City Attorney Stephen J.Bonczek,City Manager Barbara Liming, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on July 13, 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. Dr. G. Mike Weinman, Pastor First Christian Church of Beaumont, gave the invocation. Community Development Grant Administrator Johnny Beatty led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson. Also, present were: Stephen J. Bonczek, City Manager; Tyrone Cooper, Assistant City Attorney; Lane Nichols, City Attorney (arrived at 2:55 p.m.); Barbara Liming, City Clerk; and Rebecca A. Hoge, Deputy City Clerk. *Presentations and Recognitions - No presentations were made. *Public Comment: Persons may speak on scheduled agenda items Citizen comment was invited on the Consent and Regular agenda Items. Mr. Michael LaFluer, 999 Orange, addressed Council regarding Item No. 3 to request that the structure at 999 Orange be removed from the demolition order and he be allowed to enter a work program. Mr. McKinley Porter, a member of the Mount Gilead Baptist Church, addressed Council regarding Item A on the Consent Agenda authorizing sale of surplus City property, formerly the Pipkin School. Mr. Porter reviewed the church's planned use for the property, and requested that since the bids were so close, Council reconsider award of the bid. Mr. Tom Broussard, 2000 McFaddin, president of Magnolia Cemetery Co. a non-profit organization, addressed Council regarding Consent Agenda Item A. Mr. Broussard said they offer the community a very affordable, non-profit, perpetual site to bury their dead. He asked Council to follow through with the bid process and allow Magnolia Cemetery to purchase the property. Ms. Erma Mays, an employee of the Guest Inn at 2525 11th Street, addressed Council in opposition to Agenda Item No. 4 ordering closing of Guest Inn. Ms. Mays stated that closing the hotel would put a lot of citizens out of work and asked Council not to close the hotel. Mr. Jude Paredez, 920 Wisteria, addressed Council to suggest using federal funds available to help businesses and homeowners bring structures up to code such as those in Agenda Item No. 3 and 4. He stated it is not good to close businesses when Beaumont citizens need jobs, and said we need to save houses instead of demolishing them. He said if we have a lot of money to give to the YMCA, why don't we spend a few thousand dollars on a house to help people have a place to live. Mr. Cleveland Nisby, 4520 Corley Street, addressed Council regarding Consent Agenda Item A to express concerns on the bids received for the property. He gave a brief history of the property and its importance to the community. He asked Council to consider the options and the use proposed by Mount Gilead versus the use of a cemetery. Mr. Allen Lee, 5095 Maddox, questioned purchases of truck on both the Consent and Regular Agenda. Mr. Lee voiced support of the Fire Department, questioned closure of the Guest Inn Hotel, and suggested other measures and penalties for false fire alarms. City Manager Bonczek explained the truck purchases were placed on different agendas because of a time element. Information was received late, and that item was placed on the Consent Agenda because of need and expediency. Mayor Pro Tem Davis gave a brief summary of the efforts of Mount Gilead Church to acquire the former Pipkin School property. He requested Item A be removed from the Consent Agenda for consideration and staff review the bid process for this property. In response to City Manager Bonczek's query about the type of review staff should conduct, Mayor Pro Tem Davis replied that any type of review regarding the bid process on this property the city manager decides is appropriate would be acceptable, and he requested that staff check into the proper use of this site and report back to Council with their findings. City Manager Bonczek said a review would be made and a report made to Council. Mayor Moore stated that possibly by the next meeting a compromise could be worked out that would benefit both parties. Mayor Pro Tem Davis further commented about fairness of the bid process, final approval by Council for sale of the property, assurance that Council has full and complete information, and the peculiarity of a first bid tie and a ninety-cent difference on the second bid. Mr. Jack Lawrence, attorney for Guest Inn, questioned a public hearing on Regular Agenda Item No. 4, and Mayor Moore informed him that current comment is on a Consent Agenda item. *Consent Agenda Approval of the minutes - No minutes presented Confirmation of committee appointments - No committee appointments were made Minutes;July 13, 1999;Page 2 A) Approve the sale of surplus property to Magnolia Cemetery Company - REMOVED B) Approve a relocation assistance payment related to the Concord Road Improvement Project (in the amount of $21,337.29 to Ms. Irene Green) - Resolution No. 99-197 C) Approve annual contract for City employee work uniforms (to Cintas Corporation in the amount of $33,328.50) - Resolution No. 99-198 D) Approve a signatory change for City Accounts (adding Stephen J. Bonczek and deleting Ray A. Riley, Maurine Gray and Kyle Hayes as authorized signatories effective July 13, 1999) - Resolution No. 99-199 E) Approve the purchase of a diesel engine generator to provide emergency backup power for the wastewater handling system and all pumps at the Beaumont Fire Training Grounds (in the amount of$23,030 from Southern Plains Power of Houston) - Resolution No. 99-200 F) Approve a Pipeline Easement for Centana Intrastate Pipeline, LLC (Centana to pay City $200 per rod for a fifteen-foot permanent easement and a thirty-five-foot temporary construction easement, for a total of$8,308) - Resolution No. 99-201 G) Approve the purchase of property for the Concord Road Improvement Project (Parcel No. 115: 0.023 acre out of Lots 5 and 6, Block 6, North End Addition, Astor Street 300' from the corner of Manning Street, in the amount of $150 from Lacy's Temple Church of God in Christ) - Resolution No. 99-202 H) Authorize eminent domain proceedings to acquire two properties for the Concord Road Improvement Project (Parcel No. 109: 0.063 of an acre out of Lot 1, Block 4, Morningside Addition, 3090 Silver Street, in the amount of$4,300 from Irene Green - Resolution No, 99- 203; and Parcel No. 27: 0.056 of an acre out of Lot 1 and the Lillian Dodd Lot of Block 1, Bullock Addition, 2845 Concord Road, for appraised value of $6,800 from Linda Gayle Johnson) - Resolution No. 99-204 1) Approve the purchase of a diesel truck with a telescopic aerial device for use in the Public Works Department/Transportation Division (in the amount of $51,513 from Philpott Ford) - Resolution No. 99-205 J) Approve the purchase of three replacement windows for the Beaumont Public Library ( in the amount of$29,968 from Ameraglass Company of Beaumont) - Resolution No. 99-206 K) Authorize the settlement of lawsuits and claims (Freddie Gatlin, et al v. David Roubein, et al settled in the amount of$77,700 - Resolution No. 99-207; and a worker's compensation claim of Arthur Collazo with Mary Leger in the amount of$368.63) - Resolution No. 99-208 Minutes;July 13,1999;Page 3 Mayor Pro Tem Davis moved to approve the Consent Agenda as amended (removal of Item A.) Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None Assistant City Attorney Tyrone Cooper interjected that additional comments will be allowed by Attorney Jack Lawrence when Regular Agenda Item No. 4 is presented. GENERAL BUSINESS 1. Consider a contract for the 1999 Street Rehabilitation Program Councilmember Cokinos moved to approve Resolution of No. 99-209 authorizing a contract with L. D. Construction, Inc. in the amount of $1,611,356.25 for rehabilitation of 47 existing streets and the new Municipal court parking area. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None 2. Consider an ordinance amending Ordinance No. 99-47 relating to the structure located at 2395 Park Street Ordinance No. 99-48 ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 99-47,TO REMOVE THE STRUCTURE LOCATED AT 2395 PARK STREET FROM SECTION 3 AND DIRECTING THAT THE STRUCTURE AT 2395 PARK STREET BE DEMOLISHED OR REPAIRED WITHIN 120 DAYS; PROVIDING FOR SEVERABILITY,AND PROVIDING FOR A PENALTY was considered. Mayor Moore informed Council this structure is back for Council reconsideration because of telephone calls he received from other parties involved who accepted responsibility for rehabilitation of the structure. Mayor Moore said he believed the owner left Council not fully understanding the structure would be demolished, and after talking to the owner's wife feels a 120-day work program should be allowed. Councilmember Goodson moved to approve Ordinance No. 99-48. Mayor Pro Tem Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None Minutes;July 13, 1999;Page 4 3. Consider an ordinance amending Ordinance No. 98-65 relating to the structure located at 999 Orange Street Ordinance No. 99-49 ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 98-65, TO REMOVE THE STRUCTURE LOCATED AT 999 ORANGE STREET FROM SECTION 2 AND ORDER THAT THE STRUCTURE AT 999 ORANGE STREET BE DEMOLISHED OR REPAIRED WITHIN 120 DAYS; PROVIDING FOR SEVERABILITY,AND PROVIDING FOR A PENALTY was considered. Mayor Pro Tem Davis requested Council remove the structure located at 999 Orange from the demolition list. The death of the owner's father caused an interruption in repairs. He informed Council the owner lives in an apartment behind the fire damaged structure and with the structure on the demolition list utility services would cease and leave the occupants without place to live. He requested a 120-day work program be granted. Mayor Pro Tem Davis moved to approve Ordinance No. 99-49. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None 4. Consider an ordinance declaring the Guest Inn Hotel located at 2525 North 11 th Street to be a public nuisance and ordering it to be closed Ordinance No. 99-50 ENTITLED AN ORDINANCE DECLARING THE GUEST INN HOTEL,2525 NORTH ELEVENTH STREET, BEAUMONT, TEXAS, TO BE A PUBLIC NUISANCE AND ORDERING IT CLOSED PENDING CORRECTION OF DEFICIENCIES; PROVIDING A REMEDY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL;AND PROVIDING A PENALTY was considered. In response to Mayor Moore's question, City Manager Bonczek said today's action is to consider closing the hotel until City codes are met, not to demolish the structure. Assistant City Attorney Tyrone Cooper informed Council that the ordinance has been amended to give the City Attorney authority to proceed through the court system to seek an injunction to have the hotel closed if the owner fails to bring the structure into compliance. Mayor Moore inquired about the total assessment of fines resulting from the numerous false fire alarms, and Councilmember Cokinos asked what happened to the $88,000 fines assessed to the Guest Inn? Fire Marshall Jack Maddox stated that approximately $46,000 in fines remain outstanding. He distributed a packet to Council detailing the history of Guest Inn Hotel's false alarm and code violations and the Fire Department's interaction with the hotel as shown in Exhibit "A." Chief Maddox reviewed in detail the information provided in Exhibit "A," and stated it was not in his interest to close any business in the city, but the health, welfare, and life safety Minutes;July 13,1999;Page 5 of the occupants unknowingly lodging in an unsafe structure is of great concern for the Fire Department. He indicated he has tried to work with the owners to phase in the needed repairs to bring the structure up to code, but has not received cooperation from the owners. (Mayor Moore left the Chamber at 2:25 p.m. returned at 2:30 p.m., and Councilmember Patterson left the Chamber at 2:37 p.m. and returned at 2:42 p.m. during Mr. Maddox's remarks) Chief Maddox informed Council that the hotel has a club, operated by Mr. Wallace Debes, located on the first floor that is in compliance with building and fire codes and recommended it be allowed to remain open. Mr. Jack Lawrence, attorney for Guest Inn Hotel, referred to a presentation submitted to Council, as shown in Exhibit T." Mr. Lawrence agreed the alarm system was generating false alarms, gave a history of installation and repair efforts by the owners, and referenced Section 14-50 of the Code of Ordinances regarding dangerous structures. Mr. Lawrence claimed Guest Inn has one-hundred occupiable rooms, reviewed his assessment of needed repairs, asked Council to evaluate his claims shown in the handout before making a decision, said no complaints have been received by guests or employees, and said closure of the hotel would violate Constitutional rights and cause unemployment for about 25 persons. (Councilmember Smith left the Chamber at 2:45 p.m. during Mr. Lawrence's remarks and returned at 2:50 p.m.) Council discussions of concerns and questions included gasoline storage, number of Code violations, travelers unknowingly staying in an unsafe facility, frequent fire alarms from Guest Inn and the response procedure, and expectations of Guest Inn to resolve their problems. Chief Maddox explained the Fire Department's response procedure, confirmed the number of false alarms at the Guest Inn Hotel and that the same requirements are used for new construction as is required for fire protection for this hotel. Chief Maddox explained the histories of fines assessed and court appeals at the request of Councilmember Cokinos. (Councilmember Patterson left the Chamber at 3:15 p.m. returned at 3:17 p.m.; Councilmember Goodson left the Chamber at 3:16 p.m. returned at 3:19 p.m.; during Mr. Maddox's remarks.) Additional discussion included legal opinions supporting Council authority as a home rule municipality to enforce general nuisance procedures, confirmation that Council is not presently proceeding under the dangerous structure ordinance, the authority to close a business that does not meet health safety codes, efforts made by the Fire Department to work toward a safe conclusion, and other major concerns such as locked exit doors, silenced alarms, and rotten fire hoses. Minutes;July 13,1999;Page 6 Mr. Lawrence requested that Council review all the information submitted to them before making a final decision and said he would be proceeding under 5th and 14th Amendment grounds. Mayor Moore said Council needs to make a decision and spoke about violations presented today. He addressed the general safety of our community and responsibility to avoid a single loss of life, and said Council would be negligent not to take action. Councilmember Smith agreed with Mayor Moore's statements and questioned the building being closed until brought into compliance. Mayor Moore said the Fire Department would be given the conclusive authority to do what they need to do within the law. Councilmember Goodson received confirmation that a portion of the building could be segregated and be in compliance and commented about the difficulty of this decision. He voiced Council's concern for businesses and the safety of hotel guests and spoke of the owner's awareness of the severity of the problem and that adequate changes have not been made in the past eight months. Mayor Pro Tem Davis stated that he did not want his vote to indicate lack of support for the recommendation of the Fire Department. However, he said that on short notice and the amount of information given, he was unable to completely evaluate everything. He expressed concerns about employees who will be out of a job, said he supports the Fire Department's safety efforts, but cannot support the actual closure. Councilmember Cokinos moved to amend Ordinance No. 99-50 to allow the portion of the building where Mr. Wallace Debes operates a club to remain open. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Goodson, Cokinos, and Ames Noes: Mayor Pro Tem Davis, Councilmember Patterson Mayor Moore told the Fire Marshall and business operators that the concern is about public safety and said this is a decision that could have been made by the Fire Department. Being presented today insured that all points were covered and the general public informed. Mayor Moore said he hoped the violations could be rectified in a speedy manner and the closure will be temporary. He voiced his concern for the employees and their capacity to earn a livelihood. He stated the Council's vote today was in support of the Fire Department to protecting the general public and asked the Fire Department to work with the business to resolve the matter. 5. Consider the purchase of a water truck for use in the Public Works/Streets and Drainage Division Councilmember Cokinos moved to approve Resolution No. 99-210 authorizing purchase of a Chevrolet Model CC7H042 and chassis equipped with an Interpipe 2,000 gallon water Minutes;July 13,1999;Page 7 tank from Lawrence Marshall Chevrolet, L.P., in the amount of $55,070. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None 6. PUBLIC HEARING: Section 108 funding for the L. L. Melton YMCA Consider Section 108 funding for the L. L. Melton YMCA in the amount of$1,825.000. The public hearing opened at 3:40 p.m. Mr. Maurice Hill, 4710 Jimmy Johnson Blvd., Port Arthur, Director of the L. L. Melton YMCA, addressed Council to clarify information in a recent Beaumont Enterprise article. Mr. Hill said membership at the L. L. Melton YMCA is $125 per family per year, and the correct number of memberships is 64 at the YMCA. He listed numerous organizations, programs, and nonmember individuals who use the L. L. Melton YMCA. He said the $32,000 mentioned for public improvements in the article was designated to the Melton Center on Washington Blvd. Mr. Hill gave a brief summary of the 1996 City funding received by the L. L. Melton YMCA and stated the 1997 allocation has not been received. Mr. Hart Green, 1085 23rd Street, addressed Council to dispute information disseminating about the L. L. Melton YMCA. He commented about management, general expenses, and positions at the facilities. Mr. Green invited children attending day camp at the Melton YMCA to come forward to meet Council. He informed Council how allocating Section 108 funds would enable the Melton YMCA to address needs of the children of the City. Ms. Juanita Runnels, 4315 Brandon Street, addressed Council to summarize the activities in which she participated as a nonmember of the L. L. Melton YMCA as a child and now those in which her children participate. She spoke of opportunities provided children and in support of funding the Melton YMCA. Mr. Tommy Wiltz, 2915 Edmond Street, addressed Council in support of funding the L. L. Melton YMCA and told of his volunteer efforts and other association with the Melton YMCA. Mr. Tobe Duhon, 2545 Amarillo Street, addressed Council in funding the Southend Branch Library as first priority to develop an educational standard for children. He spoke in favor of the City establishing, operating, and supervising a City-owned recreation center. Mr. Duhon spoke in favor of auditing any funds given to the YMCA, and stated he does not feel comfortable giving federal dollars to a privately owned facility. Mayor Moore stated that all funds are audited. Minutes;Juty 13,1999;Page 8 Mr. Josh Calvert, 3290 Posey, addressed Council in support of the L. L. Melton YMCA and said the YMCA is not just a private entity, but is for everyone; it is a safe place and the YMCA's money is well spent. Mr. Calvert spoke in support of the Melton YMCA as a priority over the Southend Branch Library at the present time. (Mayor Pro Tem Davis left the Chamber at 3:55 p.m. during Mr. Calvert's remarks and returned at 3:55 p.m.) Ms. Ladealia Melton, Child Care Coordinator at the L. L. Melton YMCA, addressed Council to comment about her work experience and the services provided by the Melton YMCA. Mr. Lynn DeMary, 430 East Elgie, addressed Council to express concern about partial funding leaving incomplete projects that would not benefit the community and questioned sufficiency of proposed Section 108 funding. Mr. Nathaniel Eldridge, 1275 Church, addressed Council to give an account of his past involvement with the Melton YMCA and express his views about the current need for children to have a safe recreational facility. He said there are limited facilities for children in the Pear Orchard neighborhood and voiced support of funding the Melton YMCA to give opportunity for them to be reached and taught. Mr. Jude Paredez, 920 Wisteria, addressed Council regarding past and proposed appropriations of Section 108 funds for the L. L. Melton YMCA. He compared that funding to the $1 million proposed for a City-owned library. Mr. Paredez said his understanding is that this loan would place a debt on our children for the next twenty years. Mayor Moore stated that Section 108 funding is from a grant allocation which is a direct benefit to children as realized by the Sterling Pruitt Center. Mr. Andy Teal, CEO of the Beaumont YMCA, 20 Dowlen Place, addressed Council in support of funding the L. L. Melton YMCA. Mr. Teal said the L. L. Melton YMCA could be a service to the entire community because of its location, said a facility can be built to serve the immediate community and draw support from outside the community. Mr. Cedrick Runnels, 4315 Brandon Street, addressed Council in support of funding the Melton YMCA and reviewed his volunteer involvement at the Y. Ms. Latonya Bernard, 5680 Concord, addressed Council to report her recent visits to the Melton YMCA to survey the services offered, the condition of the facility, and acknowledged some neglect through the years. She said she met with Mr. Hill and observed him with the children and spoke in support of an after school program. Ms. Gethrel Williams, 4495 Fortune Lane, addressed Council in support of both the L. L. Melton YMCA and the Southend Branch Library, and said she hopes the money allocated will be enough to complete the work. She said the best way to deter crime is through education and that we should not overemphasize extracurricular activity and not put enough Minutes;July 13, 1999;Page 9 funding into library programs. She said reading should be just as important as swimming and basketball and said she is not for piecemeal projects. Mr. Allen Lee, 5095 Maddox, addressed Council to state that the L. L. Melton YMCA is an old building and our children deserve better. He addressed balance between the activity center and the library. Mr. Lee complimented Councilmember Smith for recommending partnering with the BISD in the use of recreation and activity facilities. Mr. Lee stated he has been in contact with HUD regarding the current conditions at the L. L. Melton YMCA. Mr. Mike Kizer, Executive Director of the Westend Y, 5790 Roadrunner, addressed Council and read a letter received by Mr. Hart Green in support of the Section 108 funding for the L. L. Melton YMCA from Mr. Marlin R. Williford, past president of the Metropolitan YMCA. The public hearing closed at 4:25 p.m. Mayor Pro Tem Davis commented about a recent newspaper editorial, said he joined L. L. Melton YMCA and became a board member of both YMCA's in an effort to help keep the L. L. Melton YMCA open. Mayor Pro Tem Davis said he has served in a fund raising capacity at the request of Mayor Moore and Councilmember Patterson. He stated that he has no business interests with the YMCA, has resigned his commission from the board at the L. L. Melton YMCA and said allegations regarding funding to the L. L. Melton YMCA have been investigated. 7. PUBLIC HEARING: Section 108 funding for the proposed Southend Branch Library Consider Section 108 funding for the proposed Southend Branch Library in the amount of $1,000,000. The public hearing opened at 4:30 p.m. Ms. Dora Nisby, 4520 Corley, addressed Council to relate the history of her service on the Library Commission and the L. L. Melton YMCA boards. She spoke of her family's contributions to the L. L. Melton YMCA and the progress the City has made in library services. Mrs. Nisby addressed equity of library services for citizens in the south part of Beaumont. She told about the Spindletop Library erecting a tent to meet library needs in the South Park area. She expressed perplexity that Council was only funding $1 million to the Southend Branch Library and questioned this being adequate for a full facility library. Everyone using a library, no one outgrowing a library, and the library stimulating mental activities were among positive expressions Mrs. Nisby made in support of funding a first- class, state-of-the-art library for the south end of Beaumont. Mr. Tobe Duhon, 2545 Amarillo Street, addressed Council in support of funding the Southend Branch Library by stating that knowledge is worth millions. He spoke of his experiences in using the library, expressed concern that children do not have a local facility in south Beaumont, and said we have a serious problem if playing basketball is considered more essential than education. Mr. Duhon said he would like to see a decent library in the south end of Beaumont. Minutes;July 13,1999;Page 10 Mrs. Alice Ramsey, 3430 Goliad Street, addressed Council by giving a history of her experience with the L. L. Melton YMCA, stated the Melton YMCA is a landmark she would like to remain, but not at the expense of education. She said to deny our children an education is to deny them wisdom and knowledge and before giving them a basketball, give them a book. Mrs. Ramsey spoke in support building a library to give children an education. Mr. Maurice Hill, 4710 Jimmy Johnson Blvd., Port Arthur, addressed Council to state that both projects are important. He commented that children learn how to dribble a basketball long before they learn to read and said bringing children into a safe place to play basketball can be used as a tool to teach them to become better citizens. Mr. Allen Lee, 5590 Maddox, referenced Councilmember Ames' comments from a previous council meeting about available funds, and said it would be wrong to fund only $1 million for the library without enough in the general fund to complete the project. Mr. Lee suggested if it is not possible to build both projects, possibly some of the funds could be put in reserve and the projects built later. Mr. Jude Paredez, 920 Wisteria, spoke in support of the Southend Branch Library. Mr. Paredez stated that the L. L. Melton YMCA is privately owned and funding for the library should be the first priority with remaining funds to be considered for Melton YMCA. Mrs. Gladys Gamblin, 4160 Pradice, reviewed her experiences of growing up and rearing her family in the Pear Orchard area and expressed her opinion of the importance of a library in the area. Mrs. Gamblin stated that the Melton YMCA is a good program, but said the library serves all ages and is needed. The Reverend Daniel Ramsey, 3440 Goliad, stated his desire is that Council has heard the message that citizens are concerned that a less than an adequate library may be built by dividing available funds. The Reverend Ramsey suggested that Council be cautiously aware of whether both projects can be completed properly. The public hearing closed at 4:45 p.m. The City Manager gave an update of activity regarding the proposed Southend Branch Library. He said the library would be staffed with four full-time and two part-time employees. Mr. Bonczek said the design phase will take approximately four months and construction will take approximately ten months for an anticipated completion date in 2001. Councilmember Goodson voiced a desire that Council would like to construct both projects and stated that Council understands that more than this Section 108 funding will be necessary to complete the projects. He explained Section 108 procedures and said that these funds are not gifts, but loans that are paid back with future CDBG allocations. Councilmember Goodson expressed support for the library because it is a service facility the City would have now and for the future. He spoke of citizen expectations, utilizing resources to the maximum, and not committing $2.2 to a private partnership without them being challenged enough to generate the additional funding required to complete the Minutes;July 13,1999;Page 11 project. Councilmember Goodson addressed Council's desire to be involved with sticks and board funding, the challenge for the YMCA to find the additional funding, their ability to maintain the facility, his concern that $1 million for the library would not be enough, and said Council should consider these facts before a commitment is made. (Assistant City Attorney Cooper left the Chamber at 4:50 p.m. during Councilmember Goodson's remarks and returned at 4:55 p.m.) Councilmember Patterson stated citizens' comments indicate they believe Council must choose between the YMCA and the Southend Branch Library which she said is not the case. She said this is a unique opportunity to be part of both projects and they will compliment each other. She indicated we have opportunity for a public-private partnership that will assist the City and YMCA to move more aggressively and progressively in the direction we want to go by using the Section 108 loan. Councilmember Patterson said we have the library in our Capital Improvement budget utilizing $1 million from Section 108 funds with a possibility of other funding. She commented that$1.825 is a happy medium for the YMCA because other fund-raising activities and sources will be forthcoming, and stated she believes Council should be of the mind-set toward both projects--not either/or. Councilmember Patterson said public hearings are being held to consider allocations of Section 108 funds for both projects, Council's should remain focused on that consideration. (Mayor Moore left the Chamber at 4:55 p.m. during Councilmember Patterson's remarks and returned at 4:56 p.m.) Councilmember Ames said she supports both projects, but believes Council should first fund a City operated project. She said public-private partnerships are good, indicated she had an issue with the YMCA needing $2.2 to $2.3 million, asking for $1.825 from Section 108 funds, and only raising $325,000. Councilmember Ames said she felt the YMCA should bring more to the table. Also, Councilmember Ames said she did not know from where the remainder of necessary funding for the library could be allocated. Councilmember Ames spoke in support of funding $1.5 million to build a city-owned library first and considering $1.325 million allocated to the L. L. Melton YMCA. Mayor Pro Tem Davis suggested it may not wise to start both projects at the same time, and said Council needs to prioritize which project should begin first. He expressed views of his preference, needs of the community, the opportunity to structure one project at a later date, not piece-mealing a project, but building first class, and Council prioritizing a project and moving forward. Councilmember Smith concurred with Mrs. Nisby's comments about reading beginning at birth, and said if we are going to bring our children into the twenty-first century, they will have to be literate to function in the real world. She stated the library should be our top priority and asked the City Manager to give a cost estimate for a state-of-the-art library. She said Council needs to look at the cost and get on with the library and whatever funds remain should go to funding the Melton YMCA. She commented that the $300,000 raised by the L. L. Melton YMCA in this public-private partnership is too much public and not Minutes;July 13,1999;Page 12 enough private dollars. She again voiced support of moving forward with the library and allocate the remainder of Section 108 funding to the L. L. Melton YMCA. Councilmember Cokinos voiced support of Council proceeding with the library and requested the City Manger supply additional figures of the actual cost of land and construction of this library. Mayor Moore said a valuable tool has been turned around and created a scenario that is impossible to believe. He said the City has been afforded a tremendous opportunity to give $1 million to build a library in Pear Orchard. He said we owe the south end the same services the north end has received and indicated we could do this by partnering with the L. L. Melton YMCA. He stated he could not support $2.25 million, but he would support the $1.825 million. Mayor Moore said a tax increase would not be considered this year. He added that an allocation of$1.5 million for the library is the amount needed for construction and does not include books and other necessary items necessary to open the facility. Mayor Moore said he believes in libraries and the empowerment young people receive from knowledge, but stated there are a lot of children that will never be reached until they have a place that makes them feel wanted, safe, and appreciated. He said the City does not have $4 to $5 million to build a recreation center and spoke of the City stretching to consider what may be done to compliment a library. (Councilmember Smith left the Chamber at 5:10 p.m. during Mayor Moore's remarks and returned at 5:15 p.m.) In response to Council requests, City Manager Bonczek reported that the acquisition cost of the land at Sarah and Fannett would probably be more than four times the cost per acre than that of the Willard Library, and said there will be construction cost increases to consider. He said $1.625 million will not build a state-of-the-art library, and added that the $125,000 is for land acquisition, architectural design, and engineering. Mr. Bonczek stated that Central Services Director Kirby Richard has been reviewing the project, and there will be revised estimates, and that $1.725 million is a more accurate figure with which to work. OTHER BUSINESS * Receive report related to the Concord Road Improvement Project The Concord Road Improvement Project was postponed until the next City Council Meeting. COMMENTS * Public Comment (Persons are limited to 3 minutes) Ms. Gethrel Williams, 4495 Fortune, extended a welcome from the non-collective bargaining unit for service employees of the City of Beaumont to City Manager Bonczek. Minutes;July 13,1999;Page 13 Mr. Nathaniel Eldridge, 1275 Church, addressed Council to request assistance with a problem he has in trying to find a legal place to park his tractor-trailer. Mr. Eldridge reviewed the number of parking citations received in the past three weeks, his conversations with the Police Department and portions of the Code of Ordinances. Mr. Allen Lee, 5590 Maddox, addressed Council concerning when a vote will be taken on Section 108 funding for the L. L. Melton YMCA and the Southend Branch Library. He cited the duties and powers of the city manager's from the City Charter and commented about the Zero Tolerance for Police Conduct in America Program and its membership. Mrs. Dora Nisby, 4520 Corley Street, thanked Council for consideration and deliberation of Regular Agenda Items 6 and 7, expressed appreciation for Council remarks about the importance library's play in the lives of children and adults. If children do not have an appreciation for libraries, Mrs. Nisby said it is the responsibility of adults to teach and lead them in the use of libraries. She said libraries provide a quality of life no other entity can and expressed appreciation to Council for working with the Library Commission in an effort to provide the south end of Beaumont with a library. Mr. Josh Calvert, 1390 Posey, addressed Council to thank Councilmember Patterson for clarifying that Council is trying to fund both projects and spoke in support of funding the L. L. Melton YMCA. * Councilmembers comment on various matters. Mayor Pro Tem Davis commented about Mayor Moore's dedication to the City and referenced powers of City Council listed in the City Charter. He stated he was troubled with the incident that happened last Thursday with a sexually orientated business, particularly concerning videos. Mayor Pro Tem Davis said morality cannot be regulated and commented about government intervention. Mayor Pro Tem Davis asked Mr. Bonczek to make an official inquiry about the Beaumont Police Department's role in the recent raid, stated concern about the City Ordinance being superseded, and spoke about the possibility of legal action. He expressed his opinion that the County and State have more power than the City to pursue these situations without involving the Beaumont Police Department. He also questioned permits being issued by the City or County if a business is not in compliance. Councilmember Patterson again stated her preference to fund the L. L. Melton YMCA before the library and expressed support in moving forward with allocating $1.825 million for the Melton YMCA. Councilmember Cokinos expressed his appreciation to Public Works Director Tom Warner and City Engineer J. P. Colbert for assistance in getting an entrance to IH10 repaired. Councilmember Goodson complimented those responsible for making the annual July 4th celebration a spectacular success. He said the event was well attended and commented about other downtown groups conducting activities in collaboration with the City. Minutes;July 13,1999;Page 14 Councilmember Goodson thanked neighboring cities who plan to send representatives to join Beaumont in Lubbock next Thursday to solicit a conference to be held in Beaumont in 2001 for mayors and councilmembers. Councilmember Smith voiced agreement with Mayor Pro Tem Davis regarding the sexually oriented business incident. Councilmember Smith indicated she discussed the situation with City Attorney Lane Nichols and is concerned about stepping on ground we should not. She said we cannot legislate morals, we do not have to participate beyond our ordinance, and said her main concern is that we are goose-stepping to the direction of someone else. EXECUTIVE SESSION Executive Session in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: Paul and Cynthia Brack dba Ash-Jon Uniforms Worker's Compensation Subrogation Claim of Catherine L. Johnson Golden Triangle Paper Stock Company v. City of Beaumont There being no further business, the meeting adjourned at 5:35 p.m. David W. Moore, Mayor Barbara Liming, City C erk Minutes;July 13,1999;Page 15 Beaumont Fire/Rescue Services Responses to 2525 Eleventh St-Guest Inn Responses are grouped by the type of situation found when the Fire/Rescue Services arrived. Computer codes are used to group these situations. 10-19 Fire Calls 20-29 Overpressure/Rupture Calls 30-39 Rescue Calls 4049 Hazardous Condition Calls 50-59 Service Calls 60-69 Good Intent Calls 70-79 False Calls EXHIBIT A 07/13/99 08 : 13 : 13 10-19/Fire Calls, 30-39/Rescue Calls PAGE 1 40-49/Hazard Condition, 50-59/Service Call 60-69/Good Intent, 70-79/False Calls DATE FIRE SITUATION TIME REPORT # FOUND RECEIVED 97/01/24 971012 32 22 :51 97/05/10 973500 2 : 03 97/11/02 978480 7 :45 COUNT 3 3 97/06/14 974398 33 19 : 04 COUNT 1 1 97/12/27 980146 35 10 : 05 COUNT 1 1 97/02/14 971487 41 17 :43 97/07/03 974923 14 : 31 COUNT 2 2 97/01/14 970589 45 12 :38 COUNT 1 1 97/03/15 972216 51 18 :20 COUNT 1 1 97/01/10 970237 61 22 : 01 57/03/16 972225 0 :30 97/03/16 972226 3 :22 COUNT 3 3 97/05/22 973759 69 0 : 19 COUNT 1 1 97/06/12 974313 71 1 :21 97/06/15 974402 1 : 57 COUNT 2 2 97/01/03 970052 73 16 :44 97/01/22 970928 2 :20 97/01/25 971018 3 : 33 97/02/06 971307 6 : 50 1997 Responses to 2525 Eleventh - Guest Inn 07/13/99 08 : 13 : 13 10-19/Fire Calls, 30-39/Rescue Calls PAGE 2 40-49/Hazard Condition, 50-59/Service Call 60-69/Good Intent, 70-79/False Calls DATE FIRE SITUATION TIME REPORT # FOUND RECEIVED 97/02/23 971694 73 14 : 57 97/04/09 972785 13 : 07 97/04/13 972881 1 : 15 97/04/13 972882 1 :31 97/04/23 973116 9 : 11 97/05/04 973364 3 :47 97/05/09 973476 7 : 07 97/05/18 973685 12 :49 97/05/27 973913 22 : 25 97/05/28 973917 3 : 51 97/05/28 973932 20 :29 97/06/14 974396 20 : 13 97/06/22 974610 11 : 50 97/06/23 974631 7 : 08 97/07/11 975180 19 : 59 97/07/14 975246 9 : 05 97/07/18 975353 0 :41 97/08/03 975816 3 : 31 97/08/03 975833 16 : 12 97/08/03 975837 19 : 07 97/08/04 975851 4 :34 97/08/08 975970 10 :55 97/09/14 977041 9 : 15 97/09/15 977068 11 : 16 97/09/27 977381 0 :56 97/09/27 977392 9 :50 97/10/01 977498 0 : 02 97/10/01 977501 3 :23 97/10/05 977624 3 :21 97/10/05 977625 5 : 06 97/10/17 978014 3 : 51 97/10/19 978074 2 :41 97/10/25 978237 12 : 18 97/10/31 978399 4 :42 97/10/31 978401 6 : 12 97/11/03 978512 13 :41 97/11/11 978771 17 :41 97/11/19 979015 10 : 02 97/12/11 979647 22 : 08 97/12/23 980036 19 :37 97/12/29 980224 13 : 00 97/01/04 970072 6 :32 97/03/18 972271 16 : 18 97/05/16 973633 10 :41 97/05/26 973886 22 :47 97/06/08 974208 8 : 19 1997 Responses to 2525 Eleventh - Guest Inn 07/13/99 08 : 13 : 13 10-19/Fire Calls, 30-39/Rescue Calls PAGE 3 40-49/Hazard Condition, 50-59/Service Call 60-69/Good Intent, 70-79/False Calls DATE FIRE SITUATION TIME REPORT # FOUND RECEIVED 97/06/17 974476 73 22 :51 97/07/06 975006 1 :17 97/07/16 975323 23 :48 97/07/18 975391 23 :58 97/07/19 975394 1 :59 97/07/19 975396 3 :21 97/08/07 975940 12 :48 97/08/11 976049 13 : 52 97/09/13 977005 6 : 13 97/09/19 977177 7 : 03 97/09/30 977497 23 :10 97/11/28 979234 11 :42 COUNT 62 62 97/01/09 970213 74 23 : 52 97/01/13 970480 18 : 14 97/01/23 970962 6 :26 97/03/07 972022 23 : 57 97/03/08 972024 5 : 11 97/03/08 972052 22 : 19 97/03/26 972474 18 :43 97/04/10 972814 13 : 02 97/04/11 972838 8 : 07 97/04/15 972922 4 :54 97/05/20 973730 15 :32 97/05/22 973783 17 :26 97/06/09 974253 20 :22 97/07/25 975592 23 :31 97/09/11 976969 13 :46 97/10/16 978008 21 : 12 97/10/26 978274 20 :35 97/11/09 978713 13 :32 97/12/15 979780 18 :52 97/02/13 971466 23 :23 97/03/05 971954 10 : 11 97/03/07 972006 9 : 15 97/06/03 974086 22 :55 97/06/07 974192 14 :28 97/08/06 975909 7 : 08 97/09/08 976874 0 :46 97/09/22 977275 10 : 06 97/10/17 978021 7 :26 97/12/03 979378 21 : 50 97/12/07 979498 19 :33 97/12/17 979853 21 : 50 1997 Responses to 2525 Eleventh - Guest Inn 07/13/99 08 : 13 : 13 10-19/Fire Calls, 30-39/Rescue Calls PAGE 4 40-49/Hazard Condition, 50-59/Service Call 60-69/Good Intent, 70-79/False Calls DATE FIRE SITUATION TIME REPORT # FOUND RECEIVED COUNT 31 31 97/04/13 972885 79 2 : 38 COUNT 1 1 FINAL TOTALS: COUNT 109 109 * * * E N D O F R E P O R T 1997 Responses to 2525 Eleventh - Guest Inn 07/13/99 08 : 12 : 22 10-19/Fire Calls, 30-39/Rescue Calls PAGE 1 40-49/Hazard Condition, 50-59/Service Call 60-69/Good Intent, 70-79/False Calls DATE FIRE SITUATION TIME REPORT # FOUND RECEIVED 98/03/18 802227 32 10 : 37 COUNT 1 1 98/01/06 800186 35 17 :38 COUNT 1 1 98/08/30 807677 52 19 : 01 COUNT 1 1 98/07/05 805688 59 22 :56 COUNT 1 1 98/09/19 808429 61 18 : 00 98/05/28 804343 16 : 17 98/06/07 804654 2 :24 98/09/19 808414 9 :14 COUNT 4 4 98/09/08 808919 70 18 :26 COUNT 1 1 98/08/25 807510 71 17 :38 98/09/02 807780 23 :24 COUNT 2 2 98/01/04 800101 73 13 :40 98/01/14 800418 11 : 15 98/01/22 800654 14 : 07 98/01/31 800891 14 : 27 98/02/06 801064 9 :40 98/02/06 801066 9 :54 98/02/27 801666 12 :25 98/02/28 801709 20 : 55 98/03/11 802000 11 :32 98/03/11 802017 17 :25 98/04/06 802780 14 :18 98/04/15 803034 10 : 18 98/05/31 804422 0 :25 98/06/07 804658 11 :21 1998 Responses to 2525 Eleventh - Guest Inn 07/13/99 08 : 12 : 22 10-19/Fire Calls, 30-39/Rescue Calls PAGE 2 40-49/Hazard Condition, 50-59/Service Call 60-69/Good Intent, 70-79/False Calls DATE FIRE SITUATION TIME REPORT # FOUND RECEIVED 98/06/08 804702 73 15 :35 98/06/23 805243 16 : 03 98/07/09 805790 1:48 98/07/09 805804 13 : 03 98/07/15 805979 10 : 32 98/08/05 806691 0 : 26 98/08/08 806-84+3 21 : 51 98/08/13 806995 9 : 55 98/08/13 807020 11 : 51 98/08/17 807218 20 : 05 98/08/27 807546 2 :26 98/09/01 807757 22 :30 98/09/01 807759 23 : 02 98/09/03 807787 5 : 01 98/09/09 808026 15 :49 98/09/16 808316 5 :58 98/09/19 808432 20 :43 98/09/21 808466 0 : 33 98/10/01 808797 23 :28 98/10/03 808838 2 : 10 98/10/04 808912 21 : 09 98/10/19 809382 18 : 54 98/10/24 809544 7 : 35 98/01/13 800385 9 :23 98/01/28 800822 18 :45 . 98/01/29 800845 16 : 01 98/02/24 801593 20 :14 98/03/10 801983 19 :20 98/03/12 802031 2 :59 98/03/13 802079 16 :21 98/04/10 802920 23 :32 98/04/22 803265 23 : 54 98/05/01 803516 7 :20 98/05/20 804112 20 : 19 98/05/20 804117 21 : 30 98/05/29 804357 7 : 04 98/06/02 804516 22 :49 98/06/12 804856 16 :34 98/06/23 805234 11 : 02 98/06/24 805269 16 : 25 98/08/02 806623 23 :43 98/09/07 807944 8 : 08 98/09/16 808318 7 :41 98/09/24 808580 19 : 56 98/10/07 808998 0 :34 98/10/09 809055 4 : 26 1998 Responses to 2525 Eleventh - Guest Inn 07/13/99 08 : 12 :22 10-19/Fire Calls, 30-39/Rescue Calls PAGE 3 40-49/Hazard Condition, 50-59/Service Call 60-69/Good Intent, 70-79/False Calls DATE FIRE SITUATION TIME REPORT # FOUND RECEIVED 98/10/13 809188 73 18 :47 98/10/18 809333 13 :35 98/10/22 809448 0 :37 98/10/22 809456 9 :28 98/10/23 809493 0 : 02 COUNT 65 65 98/01/12 800357 74 10 : 28 98/02/23 801558 15 : 22 98/03/07 801914 23 : 37 98/03/15 802120 13 : 09 98/03/18 802241 22 :35 98/03/19 802244 2 :24 98/04/13 802977 10 :43 98/04/20 803173 7 : 32 98/04/29 803452 10 :46 98/05/11 803863 18 : 16 98/06/13 804869 2 : 09 98/06/20 805129 0 :34 98/06/28 805418 17 : 56 98/08/22 807390 11: 59 98/08/24 807482 22 :32 98/08/24 807486 23 :23 98/09/09 808012 10 : 59 98/09/12 808190 17 : 52 98/09/28 808679 0 :53 98/01/09 800274 9 :28 58/01/11 800325 9 :29 98/01/17 800519 22 : 58 98/01/27 800794 18 :37 98/02/15 801312 1 :26 98/03/03 801783 16 : 38 98/03/08 801919 6 : 30 98/03/25 802418 9 : 07 98/04/04 802706 7 : 29 98/04/07 802794 1 :22 98/04/29 803463 14 : 37 98/08/21 807350 12 :48 98/08/28 807611 23 : 18 98/09/12 808195 22 : 17 98/09/14 808245 16 : 08 98/09/17 808353 11 :40 98/10/17 809298 14 : 00 98/10/21 809425 1 :42 J8/10/25 809582 6 : 26 1998 Responses to 2525 Eleventh - Guest Inn 07/13/99 08 : 12 : 22 10-19/Fire Calls, 30-39/Rescue Calls PAGE 4 40-49/Hazard Condition, 50-59/Service Call 60-69/Good Intent, 70-79/False Calls DATE FIRE SITUATION TIME REPORT # FOUND RECEIVED COUNT 38 38 98/09/21 808475 79 11 :31 COUNT 1 1 FINAL TOTALS COUNT 115 115 * * * E N D O F R E P O R T 1998 Responses to 2525 Eleventh - Guest Inn 07/13/99 08 : 07 : 59 10-19/Fire Calls, 30-39/Rescue Calls PAGE 1 40-49/Hazard Condition, 50-59/Service Call 60-69/Good Intent, 70-79/False Calls DATE FIRE SITUATION TIME REPORT # FOUND RECEIVED 99/07/09 906035 32 12 :28 COUNT 1 1 99/01/17 900504 61 8 : 51 99/02/05 901136 1 : 10 COUNT 2 2 99/05/31 904848 70 6 : 18 COUNT 1 1 99/05/23 904572 71 0 :35 COUNT 1 1 99/01/07 900241 73 20 : 21 99/01/08 900246 0 :49 99/01/08 900256 9 :37 99/01/08 900354 18 : 57 99/01/14 900441 8 : 56 99/01/19 900611 9 :22 99/01/20 900649 20 :00 99/01/26 900814 14 :41 99/02/09 901249 23 :20 99/02/20 901620 2 :08 99/03/05 902033 9 :39 99/03/23 9025:2 17:39 99/03/26 902667 12 :35 99/04/07 903059 12 :21 99/04/17 903373 19 :35 99/05/06 903975 9 : 26 99/05/18 904404 4 :52 99/05/26 904692 22 :57 99/05/29 904770 2 : 04 99/05/30 904818 0 : 10 99/05/31 904849 7 : 12 99/06/02 904912 20 :27 99/06/21 905436 15 :48 99/06/26 905654 21 : 10 99/06/27 905679 16 :43 99/02/13 901355 0 :39 99/02/15 901451 12 :40 99/02/20 901629 13 : 08 99/02/21 901656 14 : 16 1999 Responses to 2525 Eleventh - Guest Inn 07/13/99 08 : 07 : 59 10-3.9/Fire Calls, 30-39/Rescue Calls PAGE 2 40-49/Hazard Condition, 50-59/Service Call 60-69/Good Intent, 70-79/False Calls DATE FIRE SITUATION TIME REPORT # FOUND RECEIVED 99/03/11 902212 73 15 : 08 99/04/11 903188 19 : 56 99/04/20 903459 10 : 34 99/04/22 903528 17 :25 99/04/28 903704 14 :45 99/05/06 903965 9 :42 99/05/49 904056 0 :34 99/05/15 904317 13 : 12 99/05/16 904351 8 :43 99/05/28 904762 20 :48 99/06/05 904968 0 : 05 99/06/05 904982 17 : 09 99/06/06 904996 3 : 17 99/06/06 904997 6 : 10 99/06/10 905126 10 :34 99/06/16 905318 13 :32 99/06/16 905336 20 : 21 99/06/16 905341 21 :40 99/06/29 905720 1 :27 99/07/08 905993 3 :31 99/07/09 906029 12 : 13 99/07/10 906070 10 : 19 COUNT 51 51 99/01/25 900759 74 4 :28 99/02/17 901534 18 :54 99/03/11 902205 5 :37 99/r-3/22 904561 17 :37 99/01/07 900242 13 :43 99/02/05 901145 10 : 08 99/02/13 901356 1 :27 99/03/25 902631 2 : 10 99/04/27 903660 13 : 18 99/04/27 903675 13 :49 99/04/30 903784 22 : 54 99/05/22 904542 2 : 59 99/06/07 905015 2 :28 99/06/19 905475 20 : 09 COUNT 14 14 FINAL TOTALS COUNT 70 70 * * * E N D O F R E P O R T * * * 1999 Responses to 2525 Eleventh - 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St. 1-16-92 Letter from Ms. Joyance Markwood, Texas A& M, stating poor condition and service at the Ramada Hotel. 8-12-94 Letter from Jack Maddox to Ken Chen requiring inspection and sensitivity check of fire alarm in an attempt to lower the number of false alarms. 8-29-94 Letter from Jack Maddox to Ken Chen stating that no that they had not taking action on system inspection and action was required. 10-7-94 Letter from Debra Killian to National Guardian Alarm company requesting that they discontinue the monitoring service. 11-28-94 Jack Maddox notified the State Fire Marshal's office of violations of law committed by Sonitrol Alarm Company. 10-4-95 Letter from the Ramada stating that they were aware that the fire alarm did not function properly and they were going to have Sonitrol fix it. 10-5-95 Municipal court granted Ken Chin two weeks to begin repair on the system. 10-19-95 Received copy of a bid from Gulf Coast Fire and Safety to repair fire alarm system. 10-23-95 Municipal court placed Chen on probation and gave him four months to repair the fire alarm system. 11-22-95 Letter from Mr. Tom Sibley,Atty.,updating the progress on the system and plans for a law suit against Sonitrol 1-30-96 Letter from Jack Maddox to Ann Cheng returning vase sent as Christmas present. 3-9-98 Letter from Jack Maddox to Bob Wortham discussing condition of fire alarm and hotel. 3-13-98 Letter from Charles Mannino stating that repairs on the hotel and fire alarm system would start soon. 3-18-98 Letter from Bob Wortham to Thomas Cheng referring to meeting that we had and the fire departments willingness to work with the management. 4-21-98 Lctzer from Charles Mannino to the fire department stating that the hotel was outlining specs for a new fire alarm system and needed a little time. 5-20-98 Letter from Charles Mannino stating that the bids had been sent to corporate in order to choose a company to install a new fire alarm system. 7-02-98 Letter from Thomas Cheng expressing his appreciation for the fire departments patience and understanding. 7-17-98 Letter from Charles Mannino asking for additional time to receive and review additional bids for fire alarm system 7-27-98 Letter from Charles Mannino stating that they were still receiving some bids and asked for additional time. 8-4-98 Letter from Mr. James Harrington requesting time for new fire alarm system. 9-29-98 Citation issued to Mr. Thomas Cheng for his failure to maintain the fire alarm system. Cheng refused to sign the ticket and was arrested at the hotel. 9-16-98 Letter from Advanced system stating that they were going to discontinue the monitoring of the fire alarm system. 5-15-99 Letter from Bo Falgout stating the poor conditions and life safety problems at the Guest Inn Hotel 6-13-99 Responded to Guest Inn at request of Chief Shelton. Found that the fire alarm had several zones in trouble and silenced in areas which had guest. The owner of the hotel, Mr. Cheng, refused to speak with me on the phone. Mr. Chen, one of the managers who lives at the hotel said that he did not want to talk to me and would not come out of his room. Had to notify several guest that they would have to vacate their room. Manager on duty that night finally showed up and authorized the fire alarm company to come and repair the system. 6-15-99 Chief Mullins and I went to the hotel and rode the elevator to the fourth floor. Made a walk through to observe the many violations. 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