Loading...
HomeMy WebLinkAboutMIN OCT 05 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 OCTOBER 5, 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 October 5, 1999, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:38 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 1:38 p.m. The Reverend Lonnie Treadway, South Pentecostal Church, gave the invocation. Fire Chief Mickey Bertrand led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tern Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson. Also, present were: Stephen J. Bonczek, City Manager; Lane Nichols, City Attorney; Barbara Liming, City Clerk, and Becky Hoge, Deputy City Clerk. *Presentations and Recognitions Five proclamations were issued: "Lamarrisimo! Day," Thursday, October 7, 1999; "American Music Day," October 6, 1999; "Month of the Young Adolescent," October 1999; "South Texas State Fair Days," October 7 - October 17, 1999; "United Way Campaign Month," October 1999; and a proclamation recognizing Valerie "the Wolf" Mahfood for excelling in competitive women's boxing. *Public Comment: Persons may speak on scheduled agenda items Citizen comment was invited on the Consent and Regular Agenda Items 1 and 10-17. Mr. Greg Shephard, 7880 Stone Circle, as customer service manager for Entergy, addressed Council regarding Item No. 12. Mr. Shephard commented about the inclusion of costs and revenues for the River Bend Plant. He referenced settlement agreements and 30 percent share of River Bend acquired from Cajun Electric Power Cooperative in paragraph one and legislative changes in paragraph four of the proposed ordinance. Mr. Shephard said that because of the changing regulatory environment, it is not appropriate to consider Cajun's acquisition at this time. He said it would be more appropriate to consider the acquisition when the Commission rules on the unbundling tariffs of EGS. Adding cost associated with the plant to the rate base would be contrary to Senate Bill 7. Mr. Shephard further discussed portions of differences with the ordinance, and again stated that addressing this item now would be duplication. Mr. Kennedy Giles, Sr., 2670 Ashley, addressed Council as a representative of the Baptist Ministerial Union and area residents in opposition to closing Fire Station No. 11, and submitted several letters of opposition from citizens. The Reverend Albert Williams, 3935 Baldwin Drive, Pastor of Mount Zion Baptist Church, addressed Council in opposition to closing Fire Station No. 11 and voiced concerns about safety for the area. Mr. Allen Lee, 5095 Maddox, addressed Council in opposition to closing Fire Station No. 11, spoke concerning the condition of the land in the Charlton Pollard Area, EMS being needed in that area, and in support of the fire union. An unidentified lady and Ms. Karrie Johnson, 6306 Labelle Road, addressed Council to appeal the decision of the Historic Landmark Commission concerning a four-foot high chain link fence in the front yard of 2425 Angelina and about the safety of children and need for the fence. Mr. John Smith, 2351 Angelina, addressed Council in support of the Historic Landmark Commission's decision that the fence at 2425 Angelina should be removed, and commented that the fence decreases property values in the historical district. Mr. Harvey Campbell, 5855 Gladys Avenue, addressed Council regarding the number of EMS calls and the cost to the City, spoke on percentages and costs of EMS calls and voiced concerns that the decision concerning Fire Station No. 11 should not be made emotionally. Ms. Peggy Pierre, 1220 Avenue F, addressed Council in opposition to closing Fire Station No. 11, expressed concerns that the Fire Department would not be able to assist in the event of a refinery fire as in the Mobil Oil fire of 1971, and spoke in support of the Firefighters Union. Mayor Pro Tern Davis requested that Charlton Pollard residents defer comments. He stated that a lot of people have worked very hard to come up with a compromise he feels they will appreciate. *Consent Agenda * Approval of the minutes of the regular meetings held September 7 and September 21, 1999. * Confirmation of committee appointments - No appointments made. A) Approve contracts to promote the arts, historic preservation and tourism 1) Southeast Texas Arts Council (SETAC) - $140,000 - Resolution No. 99-282 2) Texas Energy Museum - $90,000 - Resolution No. 99-283 3) Spindletop 2001 Commission - $50,000 - Resolution No. 99-284 4) Beaumont Heritage Society/John Jay French Museum -$40,000 - Resolution No. 99-285 5) Jefferson Theatre Preservation Society - $25,000 - Resolution No. 99-286 B) Approve the appointment of Heather Anne Montgomery as an Assistant City Attorney under the Juvenile Just Accountability Block Grant (at$3,000 per month) - Resolution No. 99-287 C) Approve the acquisition of property- Resolution No. 99-288 (3295 Concord Road, .064 acre out of A. Williams Survey, Abstract 356, in amount of$10,999 from Larry Englemann) and authorize eminent domain proceedings to acquire other properties for the Concord Road Improvement Project - Resolution No. 99-289 (Parcel 10, 2480 Concord, $1,120; Parcel 14, 2580 Concord, $1,525; Parcel 31, 2893 Concord, $1,150; Parcel 34, 2929 Concord, Minutes;October 5, 1999;Page 2 $3,130; Parcel 42, 3065 Concord, $1,040; Parcel 45C, 2387 Concord, $2,702; Parcel 53, 3305 Concord, $4,530; and Parcel 107, Second Left of 3020 Cordova Street, $750) D) Approve the acquisition of property for construction of homes related to the Neighborhood Revitalization Program (1915 and 1925 Texas from Gladys Washington in the amount of $5,000) - Resolution No. 99-290 E) Approve the acquisition of property and authorize the execution of a deed conveying the property to Statewide Consolidated Community Development Corporation, Inc. for the construction of homes for the Neighborhood Revitalization Project (Lot 10, Block 28, Blanchette 1st Addition, 2048 Milan, in the amount of $2,500 from Mary Helen Vickers) - Resolution No. 99-291 F) Approve a maintenance agreement related to the City's computer and software systems 1) International Business Machine Corporation in the amount of $64,265.62 for mainframe computers (AS/400) and peripheral equipment in City Hall and Police Department - Resolution No. 99-292; 2) HTE, Inc. in amount of $34,190 for software support - Resolution No. 99-293; 3) Compu-Tech in the amount of $21,394 for software support - Resolution No. 99-294; and 4) International Business Machines in the amount of $28,015.20 for an annual subscription fee for AS/400 system software - Resolution No. 99-295. G) Approve a Surface Use Agreement with Aspect Resources on property in the Christian Hillebrant League for $10,000) - Resolution No. 99-296 H) Approve a change order to the contract for improvements to the Beaumont Fire Training Center (in the amount of$27,452 with Bo-Mac Contractors) -Resolution No. 99-297 1) Approve a contract with OMAC Grous, Inc. for the purchase of 102 external floppy disk drives for use in the Police and Fire Departments (in the amount of$20,703.96) - Resolution No. 99-298 Councilmember Ames moved to approve the Consent Agenda. Mayor Pro Tem Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None Mayor Moore acknowledged appointment of Ms. Heather Ann Montgomery as an Assistant City Attorney on Item B of the Consent Agenda, and asked City Attorney Lane Nichols to introduce Ms. Montgomery. Mr. Nichols announced that Ms. Montgomery is a graduate of Baylor University of Law and comes highly recommended by the dean of the law school. Ms. Montgomery has worked with Tarrant County and the McLennan County District Attorney's offices in areas related to juvenile protection and will work with detectives of the Beaumont Police Department and other officers in cases related to juveniles and with family law courts, the county courts, district courts, and juvenile prosecutors in the district attorney's office. Minutes;October 5,1999;Page 3 GENERAL BUSINESS 1. Consider approval of Fire Station 11 reassignment or a staffing plan for the fire station located at 6375 Walden Road The City manager reviewed the directive given by Council on September 21 to develop an improved alternative plan that will retain fire service at Fire Station 11 at a minimal cost. He explained the shortages of staff that result in temporarily placing units out of service, supplemental overtime requirements, number of apparatus needs at various staff levels. Mr. Bonczek detailed the process of arriving at an improved alternative plan in collaboration with the Fire Chief, the Assistant Fire Chief, the Executive Assistant, and Fire Union Representatives. The alternative staffing plan involves utilization of personnel currently assigned to the Fire Suppression Division. Staffing shortages will require temporarily placing units out of service and supplementation of staffing levels with overtime. The alternative staffing plan increases daily front line equipment and staff to 50 instead of 47 personnel each day. Grade III (Captain) positions will be increased by three, Grade II positions decreased by three, and the current number of Grade I positions maintained for FY 2000. All expenses including overtime will be approximately $65,000 ($9,000 annually for all maintenance and utilities, apparatus at Station No. 5; $12,486 for new captain positions; and $42,419 for estimated overtime) to keep fire service over a minimum of 88% of the time at Fire Station No. 11. Mayor Pro Tern Davis, commended Chief Bertrand, and the Fire Union for past support of the Charlton Pollard Community. He stated that the citizens of Chariton Pollard only wanted a fire engine available, and said the alternative is an excellent compromise that allowed the Council and Administration to work through a very difficult problem, and derive a solution beneficial for all citizens. Mayor Pro Tern Davis reminded Ward III Residents of the good things realized in their ward during the past six years. Councilmember Patterson questioned Fire Department personnel changes and vacancies, and Chief Bertrand explained the Civil Service process for promotion and seniority bidding process for other vacant positions and maintenance of current level of employees. In response to Councilmember Patterson's inquiry about remaining operable at Stations 2, 3 and 10 and Medic 3 on Washington Boulevard, the City Manager reported that everything will remain as is. Councilmember Cokinos stated that a solution is not to open the new station until funding for manpower is available and spoke in support of keeping Station 11 open to service the Charlton Pollard area, Mobile Oil, and the Port of Beaumont. Councilmember Goodson confirmed the policy for minimum staffing level already in place and no past significant consequences with equipment out of service. At Councilmember Cokinos' request, Chief Bertrand restated the advantages and implications of the alternative plan and the number of firefighters on duty. Mayor Pro Tem Davis stated that it is important Chariton Pollard residents understand that if Station No. 11 is out of service at all, it will occur no more than 12% of the time. He clarified that Station No. 9 is affected first, then Station No. 11, said this is an acceptable Minutes;October 5, 1999;Page 4 compromise, and restated the percentage of time the truck will be available for service. Mayor Pro Tern Davis thanked Mayor Moore for strong leadership and Councilmembers Ames and Patterson for not wavering on this issue. He reiterated the City Manager's statement that this procedure will be reviewed and analyzed throughout the next year, and said that he would support hiring three new firefighters in the next budget to avoid any station ever being out of service. Mayor Moore commented about this process being a complete drill, commended the Fire Union for entering into dialogue and deliberating issues and joining efforts for the good of the entire City of Beaumont and especially thanked Local 399 President Allen Bouillon. He spoke of Council's fiscal concerns, the new manpower staffing plan not being unusual, and stated that no portion of our community will be in jeopardy City Manager confirmed that the Fire Chief will provide a monthly progress report and an in depth quarterly analysis of the fire service. Mayor Pro Tern Davis made a motion to approve the revised alternative staffing plan as presented. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None 2. Consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District for property along the southwest right-of-way of Concord Road, north of Highway 105 Councilmember Smith moved to approve Ordinance No. 99-68 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 GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED ALONG THE SOUTHWEST RIGHT-OF-WAY OF CONCORD ROAD, NORTH OF 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 Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None 3. Consider a request for a zone change RS (Residential Single Family Dwelling) District to GC- MD-2 (General Commercial Multiple family Dwelling-2) District and a specific use permit to allow a federal credit union in the 2000 Block of Dowlen Road Councilmember Goodson spoke of area property owners' opposition to this zone change, and asked Ms. Lois Ann Stanton from the Windsor Park Association to expound on recent Minutes;October 5,1999;Page 5 events. Ms. Stanton spoke of an agreement between the property owners and the Credit Union, whereby they will withdraw their objection to the rezoning and issuance of a specific use permit for the front 2.7 acres, and deed restrictions will be placed on the remaining 7.2 acres for perpetual single family use. Councilmember Goodson moved to approve Ordinance No. 99-69. 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 LOCATED IN THE 2000 BLOCK OF DOWLEN ROAD,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 Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None Councilmember Goodson moved to approve Ordinance No. 99-70. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FEDERAL CREDIT UNION IN A GC-MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT LOCATED IN THE 2000 BLOCK OF DOWLEN ROAD, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None Councilmember Goodson voiced concerns regarding informing citizens of zone changes. He stated there have been a lot of problems on Dowlen Road and that this was the basis for creating the new GCMD-2 category. Councilmember Goodson said he would like to widen the net beyond the 200-foot rule for people that are brought into zone change discussions. 4. Consider a request for a zone change from RS (Residential Single Family Dwelling) District to LI (Light Industrial) District for property located southeast of Fannett Road and Brooks Road Councilmember Smith moved to approve Ordinance No. 0-99-71. 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,TX, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING)TO LI (LIGHT INDUSTRIAL) LOCATED SOUTHEAST OF FANNETT ROAD (SH 124) AND BROOKS ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Patterson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None Minutes;October 5, 1999;Page 6 5. Consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District for property located in the South Amelia Addition Councilmember Smith moved to approve Ordinance No. 99-72. 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 GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT NORTHWEST CORNER OF WALDEN ROAD AND MAJOR DRIVE IN BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING FOR A PENALTY. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None 6. Consider a request for a zone change from RM-H (Residential Multiple family Dwelling- Highest Density) District to C-M (Commercial Manufacturing) District for property located at 5350 Walden Road Councilmember Cokinos moved to approve Ordinance No. 0-99-73. 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 RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO C-M (COMMERCIAL- MANUFACTURING)DISTRICT LOCATED AT 5350 WALDEN ROAD IN 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 Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None 7. Consider a request for a zone change from A-R (Agricultural-Residential) District and RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling-2) District for property located at the northwest comer of Dowlen Road and the proposed Delaware Extension Councilmember Cokinos moved to approve Ordinance No. 99-74. 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 A-R (AGRICULTURAL-MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)DISTRICT TO GC-MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT, LOCATED THE NORTHWEST CORNER OF DOWLEN ROAD AND THE PROPOSED DELAWARE EXTENSION, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A Penalty. Councilmember Goodson seconded the motion. MOTION PASSED. Minutes;October 5,1999;Page 7 Ayes: Mayor Moore, Mayor Pro Tern Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None 8. Consider a request for a specific use permit to allow a funeral home in an RCR (Residential Conservation and Revitalization) District for property located at 1685 Park at Craig. Councilmember Davis moved to approve Ordinance No. 0-99-75. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FUNERAL HOME IN AN RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT LOCATED AT 1685 PARK AT CRAIG, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Patterson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None 9. Consider a request for a specific use permit to allow a business office park on property zoned GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and RM-H (Residential Multiple Family Dwelling-Highest Density) District for property located on Phelan Boulevard at Shakespeare Drive Councilmember Smith moved to approve Ordinance No. 99-76 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BUSINESS OFFICE PARK ON PROPERTY IN A GC- MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT AND AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT THE NORTHEAST CORNER OF PHELAN BOULEVARD AT SHAKESPEARE DRIVE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Davis, Councilmembers Smith, Goodson, Cokinos , Ames, and Patterson Noes: None 10. Consider an appeal of a decision by the Historic Landmark Commission concerning a four- foot high chain link fence in the front yard of a house in the Oaks Historic District at 2425 Angelina Councilmember Smith commented that it is the recommendation of the Landmark Commission to deny this appeal because the fence in the front yard is not appropriate in the Oaks Historic District, said there is a fenced back yard in which the children may play, and the property is becoming an eyesore to the community . Mayor Pro Tern Davis spoke of adherence to the rules and regulations by property owners in the Oaks Historic District, the impact that disregard has to the area, and spoke in support for denial of the appeal. Minutes;October 5,1999;Page 8 Councilmember Smith moved to deny the appeal. Councilmember Ames seconded the motion. MOTION APPROVED. Ayes: Mayor Moore, Mayor Pro Tern Davis, Councilmembers Smith, Goodson, Cokinos ,Ames, and Patterson Noes: None 11. Consider an ordinance repealing Article III of Chapter 29 of the Code of Ordinances and enacting new taxicab regulations Councilmember Smith moved to approve Ordinance No. 0-99-77. ENTITLED AN ORDINANCE REPEALING ARTICLE III OF CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT AND ENACTING A NEW ARTICLE III REGULATING TAXICABS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None 12. Consider an ordinance requiring Entergy/Gulf States to book and suspense revenues from the River Bend Nuclear Plant associated with the bankruptcy of Cajun Electric Co-Operative. Mayor Pro Tern Davis asked to defer this item to allow response time by the City Attorney to Mr. Shephard's concerns. The City Attorney stated that he is ready to respond today or at a later meeting, but requested that Mr. Shephard provide specific questions in writing. Council concurred to defer action on this item for one week. 13. Consider a one year contract with NylCare for a Health Maintenance Organization. Mayor Pro Tern Davis moved to approve Resolution No. 99-299 authorizing a one year contract with NYLCare Health Plans of the Gulf Coast, Inc. to provide the City's managed health care plan. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Davis, Councilmembers Goodson, Cokinos, Ames, and Patterson Noes: None Abstention: Councilmember Smith 14. Consider a one year contract for medical stop loss insurance with Standard Security Life Insurance Company of New York. Councilmember Smith moved to approve Resolution No. 99-300 authorizing a one year contract with Standard Security Life Insurance Company for medical stop loss insurance. Councilmember Ames seconded the motion. MOTION PASSED. Minutes;October 5, 1999;Page 9 Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None (Councilmember Goodson and Mayor Pro Tem Davis left the Chamber at 3:33 p.m. and were not present for the vote on Item No. 15.) 15. Consider a contract for excess workers' compensation insurance with R.O. Williams & Co., agent for Gulf Insurance Company. Councilmember Smith moved to approve Resolution No. 99-301 authorizing a contract for excess workers' compensation insurance with R. O. Williams & Company. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Cokinos, Ames, and Patterson Noes: None (Mayor Pro Tem Davis and Councilmember Goodson returned at 3:35 p.m. during explanation of Item No. 16.) 16. Consider a five-year financing agreement for the purchase of one standby emergency generator Councilmember Smith moved to approve Resolution No. 99-302 authorizing a five-year financing agreement with Banc One Leasing Corporation at a fixed rate of 5.275 percent for purchase of one standby emergency generator. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None (Councilmember Patterson left the Council Chamber at 3:36 p.m. and was not present for the vote on Item No. 17.) 17. Consider authorizing an architectural services agreement with Architectural Alliance, Inc. For the renovation of the old municipal court area located in the Police Building Councilmember moved to approve Resolution No. 99-303 authorizing an architectural services agreement with Architectural Alliance, Inc. for a 10 percent fee of the project construction cost, estimated at $300,000, for design and contract management of renovations to the old municipal court area. Councilmember seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, and Ames Noes: None Minutes;October 5,1999;Page 10 18. PUBLIC HEARING: 1695 Milam Consider an ordinance declaring the structure at 1695 Milam to be a public nuisance and ordering staff to take all steps necessary to abate the nuisance. (Councilmember Patterson returned during presentation of Item 18 at 3:40 p.m.) Ordinance No. 99-78 ENTITLED AN ORDINANCE DECLARING THE STRUCTURE AT 1695 MILAM 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 introduced. The City Manager reviewed notification of problems with this structure, the inspections performed, correspondence with the owner regarding violations, termination of electricity on October 1, 1999 after a three-day grace period, the residents' refusal to accept relocation with the Salvation Army, explanation to the owner of consequences for non-compliance to the order to vacate, reinspection of the property when vacated and subsequent action. The City Manager requested this structure be declared a public nuisance, and asked for reports and explanation to be presented to Council from Building Official Don Burrell, Fire Marshall Jack Maddox, Director of Public Health Ingrid Holmes and for a representative from the Salvation Army to comment on the status of available alternative housing. The Building Official spoke of code violations discovered during inspections as outlined in Council's packet, stated that Mrs. Davis has applied for a specific use permit required in lieu of a license by the state and will be reviewed in a joint public hearing by the Planning Commission and City Council on November 15, 1999. In response to Mayor Pro Tern Davis' query, the Building Official stated, in his and in the Fire Marshall's opinions, the electrical problem is an imminent danger to occupants of the building, stated that building permits have not been issued and cannot be issued until the specific use permit has been approved. Chief Jack Maddox reviewed a complaint received about the structure at 1695 Milam and enumerated the deficiencies discovered upon inspection. He spoke of more than 20 people occupying this structure, no permits obtained for rehabilitation, no fire alarms, no hood systems over the stove to put out a fire, no rated means of egress to keep fire from spreading to the upper levels, a tremendous amount of stored combustible products throughout the building, and a significant fire hazard with the electrical problems. Chief Maddox cited these violations as concerns for life safety of the occupants. He spoke of working with Mrs. Davis regarding another structure, said she is familiar with the process required, but has placed these people in harms way by putting them in an unsafe building. As Fire Marshall, Chief Maddox stated that he is dealing with numerous violations, and as City officials, have to address this structure. Chief Maddox stated that all such facilities are treated the same, and that the codes are enforced as they are written, in response to a question by Councilmember Goodson, and responded to Councilmember Cokinos that they were told at the time of the inspection that either 24 or 26 people were living in this facility. He said basically the rooms have no doors, and there is a mixed occupancy of adults and children. Minutes;October 5,1999;Page 11 Public Health Department Director Ingrid Holmes informed Council that the food ordinance is in violation and that there is standing sewage and an open pipe in the basement. Ms. Holmes stated that Chief Sanitarian Sandra Gerard performed the inspection and is available for questions. At the inquiry of Mayor Pro Tern Davis, Ms. Gerard replied that the sewage discovered was raw, and that there are a number of communicable diseases that are carried through feces and urine. Sandra Clark, Administrative Assistant at the Salvation Army reported on the number of available beds at the shelter and an agreement in place with a hotel for citizen housing when there is no availability in the Salvation Army shelter. She explained the different living arrangements for singles and families. She also mentioned the opening of a new shelter for families as early as the beginning of next week. In answer to Mayor Pro Tern Davis' question, Ms. Clark stated that there is room for the 26 residents at the Salvation Army and an agreement with a hotel for additional housing. Mayor Pro Tern Davis suggested to the City Manager that unexpended CDBG funds might be made available to assist the Salvation Army in this situation. Mayor Moore commented about the City of Beaumont dedicating funds to the Salvation Army and other agencies with the closure of the Emergency Shelter once operated by the City. Mayor Moore thanked Ms. Clark and Captain Vick for offering assistance to the occupants in this building. At the request of the Mayor and Councilmembers, Ms. Clark clarified that shelter was offered to the residents of this shelter, and to the best of her knowledge none of the residents have accepted their offer for assistance. She said the Salvation Army could accept all members of the shelter now, and there is no charge and meals are provided. Ms. Clark also spoke of different accommodations and allowable lengths of stay for single individuals and families. The public hearing opened at 3:57 p.m. Ms. Judy Trailberg, 1044 Greenmeadow Street, addressed Council in opposition to closing the shelter at 1695 Milam St., thanked volunteers for assisting Mrs. Davis with renovating the shelter, solicited others to join the effort, spoke of compassion and the effort Mrs. Davis has put into providing a shelter for unfortunate individuals. Mayor Moore asked everyone to please adhere to the three minute limit. Ms. Sandy Salisbury, President of Diversified Unity, Inc., Homeless Advocacy, addressed Council in opposition to closing the shelter at 1695 Milam St., spoke of misconceptions about people that live on the street, and importance of the availability of shelter for the homeless. (Mr. Bonczek left the Chamber at 4:00 p.m. and Councilmember Smith left at 4:02 p.m. during Ms. Salisbury's comments.) Minutes;October 5, 1999;Page 12 Mayor Moore explained that this public hearing is being held to discuss the condition of a building, not about the need for homeless or emergency shelters. He asked that comments be germane to the intent of the public hearing. A specific use hearing will be held at of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows:Planning and Zoning meeting at a later date to further address use concerns. (Mr. Bonczek returned at 4:05 p.m. and Councilmember Smith returned at 4:07 p.m. during Mr. Hick's comments.) Mr. Ronald Walter Hicks, 1695 Milam, addressed Council in opposition to closing the Beatrice Jamail Center at 1695 Milam Street, said there is no raw sewage in the basement, spoke of the corrective work completed, admitted that permits were not secured, spoke of concerns about children and the negative and detrimental effect of withdrawing them from the schools by relocating to the Salvation Army, and commended the efforts of Mrs. Davis. Mr. Allen Lee, 5095 Maddox, addressed Council to question placement of this item on the Council agenda and in opposition to closing the shelter at 1695 Milam Street. He spoke about the need for the shelter and suggested that area churches contribute and assist Mrs. Davis in bringing the structure up to code. Larlayne Grooms, 1010 Amarillo Street, addressed Council in opposition to closing the shelter at 1695 Milam Street, spoke of her brother who helped with the first shelter, and commended Mrs. Davis for the work that she does in the area. Mayor Moore asked the audience to refrain from making outbursts of comments while others are speaking. He explained the City's responsibility to enforce City codes and liabilities that would result in failure to do so. Again, Mayor Moore explained that this discussion is about the building. He mentioned the City's contribution of$70,000, plus personal contributions, to the Youth Rescue Mission. He encouraged individuals that feel deeply about the project to reach into their pockets, said that the City has performed its responsibility, an alternative has been given for living quarters and meals for families, and reiterated that this public hearing is about the structure, an occupancy permit, and following proper procedures to protect people. Mayor Moore again asked that public comments be germane to the public nuisance factor of the structure, not about a homeless shelter or people. Ms. Grooms continued to speak stating that giving time and help to get the building up to par would be appreciated. She added that the center is needed. Mr. Marion Guidry, 1425 Washington, addressed Council in opposition to closing the shelter at 1695 Milam Street, spoke of positive results that occur when the City supports an issue, used Imagination Station as example, and spoke of problems with the homeless not having an address. He asked that the City be compassionate and lend support. Mayor Moore advised Mr. Guidry that Imagination Station was a private project and the key phrase is getting individuals behind a project. Mayor Pro Tern Davis added that the problem to be addressed is safety of anyone residing in the building and Council's challenge to act responsibly with the number of safety violations cited the structure. He informed Mr. Guidry that the appropriate time to address need for a homeless shelter will be at the Planning and Zoning meeting when a specific use permit is requested. He also spoke about Mrs. Davis Minutes;October 5,1999;Page 13 being invited to a neighborhood association meeting with the intent of explanation and perhaps compromise and the unpleasant and non-productive tone of communication expressed to the neighborhood association by Mrs. Davis. Mayor Pro Tern Davis further addressed exceptions to the Code of Ordinances for this community setting a precedent of exception for every community. Mr. Guidry recognized Council's position and spoke about seeing things from the homeless point of view on the other side of the issue. Mayor Moore used Mr. Guidry's example of homeless people needing help to illustrate the level of compassion that the City has rendered in providing an alternative for food and shelter with the cooperation of the Salvation Army. Once again, he explained the procedure that was offered to Mrs. Davis to remove the residents of the building from a harmful situation and move forward with repairs. The proposal was rejected and resulted in having to declare the structure a public nuisance. Ms. Jalicia Garcia, 1405 Avenue F, addressed Council in favor of declaring the structure at 1695 Milam Street a public nuisance, commented on the lack of supervision at the Youth Rescue Mission, the poor condition of the building, and urged residents to accept assistance from the Salvation Army. Mayor Moore admonished the audience to address all comments at the microphone, and stated that if comments are continued to be made from the audience, individuals involved will be asked to remove themselves from the Chamber. At the request of Councilmember Smith, Ms. Clark of the Salvation Army, stated that families will be able to stay in the new shelter for up to two years, during which time they will be monitored, counseled, and given job training, and also spoke of exceptions to length of stay. Ms. Yolanda Durst, 1120 Avenue F, addressed Council in opposition to closing the shelter at 1695 Milam, spoke about former use of the building and the lack of code enforcement then, the hope that Mrs. Davis has brought to the residents of the shelter, and claimed degrading treatment of citizens at the Salvation Army. Mayor Pro Tern Davis spoke of the efforts of the Avenue Association to have the structure demolished before Mrs. Davis took possession, and of the Association working with the Beaumont Police Department to eradicate drugs from the building. Ms. Katina Fulton addressed Council to ask who placed the structure on the Council agenda, in opposition to closing the shelter at 1695 Milam, spoke of a meeting scheduled with Congressman Lampson and Representative Bernson, said there are 11 adults and 18 children living in the center, and that the residents are willing to sign a form releasing the City from liability. Once again, Mayor Moore explained the reason for the public hearing and the City's responsibility to uphold the laws of the Code of Ordinances. At the Mayor's request, the City Attorney stated that this decision should not be made based on liability. Minutes;October 5, 1999;Page 14 Ms. Fulton asked for confirmation that the City could not order the property to be vacated if the structure was declared as a private home. Mr. Benny Mendoza 5655 South Kenneth, addressed Council in opposition to closing the shelter at 1695 Milam and requested that Council give Mrs. Davis a 30 to 60 day extension to make the necessary repairs. At the request of Mayor Pro Tern Davis, the City Attorney defined a specific use permit. Mr. Nichols said a building permit cannot be obtained until a specific use permit is approved and the building becomes a lawful use. Ms. Tiffany Perry, 2275 Avenue F, addressed Council in opposition to closing the shelter at 1695 Milam, spoke of the positive change that the shelter has brought to the area, and disagreed with Council's approach in handling this situation. (Mayor Pro Tern Davis and Councilmember Patterson left the Chamber at 4:48 p.m. during Ms. Perry's comments and returned at 4:52 p.m. during Ms. Anderson's comments.) Ms. Tammy Anderson, a resident at the Youth Rescue Mission, addressed Council to question where she would live if it is closed, spoke of her situation with her mother and daughter, spoke in opposition to closing the shelter at 1695 Milam and in favor of allowing the residents to remain in the shelter. Ms. Trisha Anderson, sometimes living with Mrs. Davis and at the other facilities, addressed Council in opposition to closing the shelter, spoke of Mrs. Davis being the only one willing to help her because of her mental illness, and claimed the building is adequate. Ms. Shawna Davis, an employee Youth Rescue Mission, addressed Council in opposition to closing the shelter at 1695 Milam, spoke of the house operating as a mission before Mrs. Davis took possession of the property, and allowing people to live in the structure while renovations are taking place. Mrs. Emily Wickler, 5033 Highland, addressed Council in opposition to closing the shelter at 1695 Milam, spoke of she and her husband working to make repairs at the shelter along with other volunteers and solicited other citizens to come out and help with the renovations. Mr. Ryan Franklin addressed Council in opposition to closing the shelter at 1695 Milam, spoke of living in a shelter where one feels loved and cared about and disagreed with the liability issue. Mr. Chris Wickler, 5033 Highland, addressed Council in opposition to closing the shelter at 1695 Milam, spoke of donating time during the past two weeks to help with renovations of the building, not understanding the City's lack of assistance in this situation and asked if the City would offer the same assistance as was given with the Youth Rescue Mission. Mayor Moore asked the audience to refrain from making comments while Mayor Pro Tern Davis was explaining the law and actions that have taken place to Mr. Wickler. Minutes;October 5,1999;Page 15 Mayor Moore told Mr. Allen Lee that if he made one more outburst in the audience, he would be asked to leave the meeting. Ms. Suzy May, 1411 Huntsman, Orange, a sociology major at Lamar University, addressed Council in opposition to closing the shelter at 1695 Milam, spoke of volunteering at the Youth Rescue Mission, commended Mrs. Davis for the work there, commented about the amount of progress that has taken place, questioned playground facilities for children at the Salvation Army and their affiliation with the City. Mayor Moore told Ms. May that a playground is available and the Salvation Army was the successful bidder to a grant. Ms. Robin Masters, 1930 Franklin, addressed Council in opposition to closing the shelter at 1695 Milam, spoke in favor of allowing the residents to remain in the structure while renovations are taking place. Ms. Lindy Morgan, 5222 South College, Orange, addressed Council to state that she and her mother have taken in homeless people, in opposition to closing the shelter at 1695 Milam, and commented on the pain of homeless people and their need for assistance. Ms. Lauren Vaughn, 5222 South College, Orange, addressed Council to state that she lives with the Morgans, told of having to sleep in a ditch, said people like her are thankful to have a building like the center, and expressed her opinion about Salvation Army facilities. Ms. Brandy Davis Henderson, Mrs. Davis's daughter and a Youth Rescue Mission employee, addressed Council in opposition to closing the shelter at 1695 Milam, spoke in favor of allowing the residents to remain in the structure while renovations are being made. Ms. Janna Morgan, 5222 South College, Orange, addressed Council in opposition to closing the shelter at 1695 Milam, told of taking people into her home and personally experiencing homelessness, spoke of understanding the code violations and the community working together. Mr. Shedrick Kenneson, an employee of the Youth Rescue Mission, addressed Council regarding loving our neighbors and allowing the people to do what they need to do. Mr. Tracey Franklin, 960 Avenue F, addressed Council in favor of declaring the property at 1695 Milam a public nuisance, spoke of the caliber of people being allowed to reside in this structure, and the threat they pose to the neighbors. Mayor Moore again asked members of the audience to hold sidebar comments in respect to speakers at the microphone. Mr. Franklin continued to speak about situations in his neighborhood, stated that the neighborhood does not need another shelter, said some do not want to relocate to the Salvation Army because they enforce rules and regulations, and said there are none at the Milam location. He referred to children being unattended outside the Youth Rescue Mission on Franklin Street at 10:30 p.m. and challenged those living in Orange to visit the area at 3:30 a.m. to witness activities. Minutes;October 5,1999;Page 16 After several individual outbursts, the Mayor instructed Police Sergeant Chambers to escort any individuals involved in disruptions from the Chamber. The City Attorney stated that the Mayor has gone the extra mile, and said that the disruption of a public meeting, after being warned, is a crime and recommended the audience adhere to the fact of being warned. Ms. Peggy Pierre, 1220 Avenue F, addressed Council to request that this public hearing be held at another time and spoke of fear of retribution for speaking against this shelter, and was advised by Mayor Moore that today is not the final action, and that a specific use permit application must be met. Ms. Pierre asked for protection against backlash, and Mayor Moore requested that she speak with him privately after the meeting. Ms. Pierre expressed concerns about money being given to certain individuals. (Councilmember Patterson left the Chamber at 5:30 p.m. and returned at 5:32 p.m. during Ms. Pierre's comments.) Mr. Roberto Flores, 2425 Buchanan, addressed Council to commend their patience, spoke of Council's responsibility to enforce building codes and declare the structure a public nuisance, cited violations and conditions, spoke of biased media coverage making this an emotional issue, false portrayal of an individual supposedly caring for the unfortunate and leaving those in her charge in an unsafe environment, suggested someone else be placed in management of the centers, and spoke about circumvention of ordinances. Mr. Mark Willis, 1930 Franklin, an employee of the Youth Rescue Mission, addressed Council in opposition to closing the shelter at 1695 Milam, commended Mrs. Davis for her work and stated that the structure could be brought up to code in a short period of time. (Mayor Moore left the Chamber at 5:35 p.m. during Mr. Willis's comments.) Ms. Velma Snider, 1010 Avenue F, addressed Council in favor of declaring the property at 1695 Milam Street a public nuisance, told of negative encounters with residents of the shelter, lack of control and supervision, spoke in support of closing both facilities, related a personal account of illness causing her to lose financial stability and the assistance received from the Mission on College Street and the Salvation Army, and the ability for individuals to help themselves after initial help. (Mayor Moore returned at 5:38 p.m. during Ms. Snider's comments.) Ms. LaToya Ware, 1695 Milam, an employee of the shelter, addressed Council to speak about working at the shelter, living there as a family with all of the residents, doors closing at 9:30 p.m. and three meals served daily. Ms. Ware said money and codes should be no object relative to people and said this is a temporary home to some and permanent to others. Mrs. Rebecca Garcia, 1405 Avenue F, addressed Council to speak regarding the area not needing another shelter, negative encounters with residents of the shelter, and in favor of the condemnation order. Ms. Carolyn Jackson addressed Council in favor of declaring the property at 1695 Milam a public nuisance, and spoke of Mrs. Davis not being totally honest and not abiding by the City Code of Ordinances. Ms. Jackson addressed deed restrictions, back taxes owed, Mrs. Minutes;October 5, 1999;Page 17 Davis' knowledge of the procedure necessary to open another center and expressed appreciation to Council for their judgment in requiring the building to meet City codes. Mr. James Callas, 1630 Vans Way, addressed Council to request the possibility of a compromise or an extension that would allow Mrs. Davis to bring the structure up to code before the specific use hearing. Mr. Callas reported that Mrs. Davis has agreed that all residents will move tomorrow, if a compromise can be reached, and asked for direction from the City Attorney. Mr. Nichols reported that the work under progress is unlawful because no permits were obtained. Because it is not a single-family residence, work needs to be completed by licensed and bonded individuals. He explained the Code for single-family dwellings and those that involve other residents, and said there is no provision for permits until the structure is a lawful use. Mr. Callas asked if there is a compromise for a vacant building that cannot be repaired legally until the public hearing for a zone change. Mr. Nichols reported that the only exception for expedition would be the Planning and Zoning Commission meeting on the same day prior to the Council meeting and taking a vote with their recommendation, and said this is not the usual procedure. Mr. Callas then asked if the Council would be willing to compromise with Mrs. Davis if the shelter would be vacated tomorrow and Mrs. Davis given a chance to comply with City zoning. Mayor Moore responded that the Council cannot vote on this issue at this time because it is posted as a public nuisance on the agenda. At the Mayor's request, the City Manager confirmed that the Building Official spoke with Mrs. Davis in an attempt to vacate the property before the public hearing, and Mrs. Davis has not complied with relocating the people. Mr. Callas expressed his concern for homeless people, suggested Council establish a compromise in Executive Session after the regular meeting, and was informed by Mayor Moore that it is not a posted item and Mayor Moore announced that there will be no Executive Session today because of the length of today's meeting. Mr. Bill Childs, 855 Ascott, addressed Council in opposition to closing the shelter at 1695 Milam, the attention the shelter has received on the Internet, TV stations and other states, spoke of the scope of work that has been done, the reasons for opening the shelter before renovations were complete, contact with the Salvation Army, administration's request to the residents to leave and their refusal to leave, and the compromise that was reached while repairs were made to the Youth Rescue Mission. Mr. Childs requested the same compromise now and said declaring the Beatrice Jamail Center a public nuisance would be a mistake on all levels. He quoted the definition of public nuisance and declared no one could conclude that the facility on Milam meets the definition. (Councilmember Smith left the Chamber at 5:55 p.m. during Mr. Childs's comments and returned at 5:58 p.m. during Reverend Davis' comments.) The Reverend Matthew Davis, husband of Dolores Davis and co-founder of the Youth Rescue Mission, addressed Council to declare listening today to them being lambasted for helping homeless people, spoke of his repair work on the building being conducted at night, Minutes;October 5, 1999;Page 18 their desire to comply with the City and to help people, his responsibility as pastor of the Youth Rescue Mission, his personal confrontation with helping homeless people, and spoke of loving and caring for one another. Mr. Brandon Prume, 1110 Avenue F, addressed Council in opposition to closing the shelter at 1695 Milam, spoke of the help that he has received from the shelter, responsibility to God, and the importance of people compared to codes. Mrs. Ella Flores, 2425 Buchanan, addressed Council in favor of declaring the property at 1695 Milam a public nuisance, spoke of the lack of supervision for the children at the shelter and their need to be protected. Mr. Darryl Parks, Youth Pastor for the Youth Rescue Mission, 8705 Washington Boulevard, addressed Council in opposition to closing the shelter at 1695 Milam, spoke of making mistakes while living on the streets, striving to do better, prejudice against the center, and expressed comments about the emotional and physical condition of some homeless individuals. Ms. Marlisha Conway, 2275 Avenue E, addressed Council to state that instead of speaking about what is wrong with the building, area residents should join in helping to make the repairs. Ms. Pabla Ydrogo, 3030 French Road, addressed Council in opposition to closing the shelter at 1695 Milam and spoke of the need for homeless assistance. Ms. Marinette Parkerson, 8705 Washington Boulevard, daughter of Dolores Davis, addressed Council to relate the use of her parents personal funds to repair the Youth Rescue Mission, spoke about previous occupants of the building, her parents' efforts in eliminating drug traffic and prostitution, reviewed her actions as a youth, spoke of personal responsibility to help others, building codes, and expressed other opinions. Mrs. Dolores Davis, 2298 Blanchette, addressed Council as administrator of the Youth Rescue Mission, spoke of understanding compliance with City Code, said the building has never been empty, reviewed daily work being done on the structure, said utilities have been changed to her name, confirmed the amount of financial funding she received from the City, stated that Council has become bitter, and in order to stop the controversy she announced that she is giving the house to Victor and LaToya (Ware), admonished them to go to work, and stated that she gives up. There being no one else to speak, the public hearing was closed at 6:15 p.m. Mayor Moore asked for Council comments and Councilmember Goodson reiterated that the codes are not selective, are for the safety of the citizens of the city and must be enforced. He spoke of equal treatment, responsibility of City staff, and need for dilapidated structures to be declared public nuisances. Councilmember Smith commented that the salient fact is Mrs. Davis was precisely aware of the codes and did not choose to adhere to them. She chose to violate codes, has Minutes;October 5,1999;Page 19 experienced the procedure previously, and was deliberate in her actions. Councilmember Smith spoke of the health hazards and liability to children that cannot be overlooked. Mayor Pro Tern Davis commented that Council has never shown a lack of compassion and cannot be politically pushed around to break the law. He spoke of Council's responsibility to enforce the codes of this city, Council credibility, the number of violations of this structure and Mrs. Davis' discussion with the Avenues Neighborhood Association. Mayor Pro Tern Davis concluded his remarks by stating, "Council, when the residents say to you, stuff goes on there...I will tell you, I've seen that for myself...I've never said anything, but it doesn't take a rocket scientist to pass by there at night time and see what's going on, and all we're saying as a Council is, if you would have done it right, you would have got some help, but you didn't. This is about politics and political pressure, and that's not right. Nobody gave this Council a chance to help, nobody gave us a chance! This was put to us by political pressure in the news, and then by law, our City Manager had to act upon it because somebody is going to get hurt in that building. That building is not up to Code, and I've been there." Councilmember Patterson agreed that Council was not being given a chance to work with Mrs. Davis. She spoke about Mrs. Davis' failure to apply for a specific use permit and obtain a certificate of occupancy before occupying the structure as agreed to with the Building Official. Councilmember Patterson reviewed her notes and said that on September 27, 26 people were reported to be illegally inhabiting the structure. Further inspections were made and notification sent to Mrs. Davis regarding the violations. She continued reviewing steps of the process and said Council is not compassion-less, but is concerned with a safe place for the residents. Councilmember Patterson stated that Council took an oath, and it is Council's responsibility to enforce codes. Councilmember Ames acknowledged agreement that it is Council's responsibility to uphold the law, assure equity and accountability to the Code of Ordinances, addressed the results of not enforcing the codes, and Council's attempt to find an alternative by seeking help from the Salvation Army. Councilmember Cokinos reiterated that the City employees are upholding ordinances, and the Council's responsibility to support them. Mayor Moore commented about the negative way in which he has been addressed from people who know nothing about him or the level of his compassion or efforts to help hungry or homeless people. He spoke about the action taken to come up with a plan to make a community feel safe and secure with fire protection being the topic that should have been most newsworthy today, but instead remarks were made about Council not being concerned. He said the whole discussion today was about public safety and people's lives and spoke of staffs responsibility to enforce the codes. Citizens called, expressed concerns, and administration had to respond. Mayor Moore said the compassion was that the center could have been closed and the residents removed immediately. In reference to quotations from the Bible voiced today, Mayor Moore referred to a portion that instructs us to adhere to the laws of the land. He continued to remark about Council efforts, not being against shelters, missions, or centers, and the banner at the location advertising the establishment as a center. He repeated that when a structure houses people other than one's immediate family, licensed operators must perform the electrical and plumbing work. Mayor Moore summarized the events that occurred in recent weeks and comments made today and Minutes;October 5,1999;Page 20 expressed his desire that the message will be cascaded to the community that Council is here to protect lives and is willing to work with people. He remarked about the number of people that were allowed to speak, said he does not understand Mrs. Davis' closing comment, said provision was made for the Youth Rescue Mission when pressed with the problem, and said there should not have been a misunderstanding of what is necessary to make this operation work. Council comments concluded at 6: 37 p.m. Councilmember Smith moved to approve Ordinance No. 0-99-78. ENTITLED AN ORDINANCE DECLARING THE STRUCTURE AT 1695 MILAN, 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. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None COMMENTS *Councilmembers comment on various subjects - No additional comments *City Manager's Report - Not submitted at the meeting * Public Comment (Persons are limited to 3 minutes) Mr. Edmond Richards, 675 East Florida, addressed Council regarding a prospective buyer (Mrs. Barfield) for property at 2745 Amarillo that is under a raze order. Mayor Pro Tern Davis directed him to speak with Kyle Hayes. The City Manager stated that this house is under a raze order and has been determined to be unsuitable for rehabilitation and referred to a structure on Sullivan Street that might be suitable for Mrs. Barfield to rehabilitate. Mrs. Barfield responded that she is waiting for a release of lien on the Sullivan Street property. Mr. Larry Landry, 3185 Bernard, addressed council to request an extension to repair a property that is now under a raze order and was instructed to confer with Kyle Hayes after the meeting. Ms. Peggy Pierre, 1220 Avenue F, addressed Council to speak about fear of retaliation for speaking against the shelter at 1695 Milam Street and negative encounters with residents of the shelter. She discussed the uncertainty of not knowing the people residing in the center and the City funding the mission. Ms. Snider addressed Council regarding the danger and negative influence of the shelter at 1695 Milam Street on the neighborhood and being afraid of going home. Mr. Roberto Flores, 2425 Buchanan, thanked Council for declaring the structure at 1695 Milam Street a public nuisance and spoke of turning the home into a cultural center to Minutes;October 5,1999;Page 21 educate and depict the diversity of the area and requested any available information regarding funding and establishment for a cultural center. Mrs. Ella Flores, 2425 Buchanan, commended the Mayor and Council for doing a good job for the city. Ms. Julie Wall, 5315 McAnelly Drive, addressed Council to state that she was homeless eight years ago, now is a productive citizen with a wonderful home, and expressed her desire to teach people to believe in themselves. Mr. Terry Bean told Council that he was homeless about eight months ago, said he received assistance from the shelter, became drug free and is now employed at the Beaumont Living Center and spoke about the need for assisting the homeless. There being no further business, the meeting adjourned at 6:52 p.m. ( f David W. Moore, Mayor Barbara Liming, City Clerk Minutes;October 5, 1999;Page 22