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HomeMy WebLinkAboutMIN OCT 20 1998 M I N U T E S ,- CITY OF BEAUMONT Lulu L.Smith DAVID W. MOORE, MAYOR Bobbie J.Patterson, Mayor Pro Tem Guy N.Goodson CITY COUNCIL MEETING Andrew P.Cokinos John K.Davis OCTOBER 20, 1998 Becky Ames Lane Nichols,City Attorney Ray A. Riley,City Manager City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on October 20, 1998, 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 Mayor Moore called the meeting to order at 1:34 p.m. Mr. Don Jolly, Chairman of the Deacon Board of Highland Avenue Baptist Church, gave the invocation. Mayor Moore led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tem Patterson, Councilmembers Smith, Cokinos, Ames (arrived at 1:40 p.m.), and Davis. Councilmember Goodson was out of town and absent from the meeting. Also present were Ray A Riley, City Manager; Lane Nichols, City Attorney; and Barbara Liming, Deputy City Clerk. "Presentations and Recognitions (Councilmember Ames arrived at the beginning of the second proclamation.) Four proclamations were issued: "Senior Celebration Day," October 27, 1998; "National Business Women's Week," October 19-23, 1998; "YWCA Week Without Violence," October 18- 24, 1998; and "Red Ribbon Week," (in support of alcohol and drug abuse awareness) October 23- 31, 1998. Mr. Bradley Brooks, director of the McFaddin-Ward House announced that on Thursday, November 5, in conjunction with the 1998 Historic House Museums Conference, downtown museums will be open until 7:15 for tours for conference participants and the public before going to the Jefferson Theatre to hear the keynote address at 7:30 p.m. The speaker is Dr. Rex Ellis, director for the Center for Museum Studies at the Smithsonian Institute. Dr. Ellis will be speaking on why the history of a community is relevant, why histories of all segments of a community are essential to the whole story, how an understanding of a community's history can lead to better relations between its constituents, and whose responsibility it is to preserve and learn that history. Mr. Brooks invited Council and the general public to attend this free event and a free dessert reception at the Beaumont Club following the address. *Public Comment: Persons may speak on scheduled agenda items (the Consent Agenda and Item 1 on the Regular Agenda). Mr. Allen Lee, 5095 Maddox, addressed Council to state that the Consent Agenda is illegal. He advised getting a legal opinion. Mr. Lee said items that deal with the exchange of money require discussion. Mayor Moore solicited additional legal information from the City Attorney regarding the Consent Agenda and was advised that it is lawful. *Consent Agenda The following consent agenda items were considered: * Approval of the minutes of the regular meeting held October 13, 1998; * Confirmation of committee appointments - No appointments made. A) Approve a resolution relating to the submittal of Section 108 applications and amendments (authorizing the City Manager to sign and submit applications to HUD and authorized HUD representatives or the Comptroller General access to records related to loan applications)- Resolution No. 98-290 B) Approve the acquisition of property for the Concord Road Improvement Project (Parcel No. 43: 0.086 acre out of the A. Williams Survey, 3085 and 3095 Concord Road, in the amount of$28,744 from William E. and Sue E. Thomas) - Resolution No. 98-291 C) Approve the payment of an invoice related to asbestos abatement project monitoring services (to Safety, Inc. in the amount of $17,143.75 for the former Dick Dowling School at 1300 North Street) - Resolution No. 98-292 D) Approve the acquisition of property for the Neighborhood Revitalization Project (Lot 5, Block 3 of the McGovern Addition, 560 Schwarner Street, for the appraised value of $2,700.00 from Emma Lee Wilridge) - Resolution No. 98-293 E) Approve the offering of a sick leave option to police employees as part of the existing Labor Agreement with the Beaumont Police Officers Association (payment of an additional 60 days of accumulated sick leave for retiring police officers during the periods of October 1, 1998 to April 1, 1999) - Resolution No. 98-294 Minutes;10rMS;Page 2 F) Authorize compensation to the City Attorney and City Manager (a 3% increase in base salary and continued deferred compensation of $5,000 in FY99 for the City Attorney; and a 3% increase in base salary, continued deferred compensation of $7,500 for FY99, and provide 160 hours of additional personal leave for the City Manager) - Resolution No. 98- 295 Councilmember Smith moved to approve the Consent Agenda. Before the vote on the Consent Agenda, Mr. Allen Lee voiced objection to Item F compensating the City Attorney and City Manager. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Patterson, Councilmembers Smith, Cokinos, Ames and Davis Noes: None Mayor Moore asked the City Manager to elaborate on Item F. Mr. Riley stated that the City Attorney will receive a 3% increase on his present base salary and a continued deferred compensation of $5,000 for FY99, and the City Manager is authorized to receive a 3% increase in base salary, a continued deferred compensation of $7,500 in FY99 with a provision for an additional 160 hours of personal leave. GENERAL BUSINESS 1. Consider approving a contract for marketing recyclable materials Councilmember Cokinos moved to approve Resolution No. 98-296 authorizing a contract with Golden Triangle Paper Stock Company, DBA Gulf Coast Recycling based on wholesale market prices published in the Mill Trade Journal's Recycling Market Reports° at: 100% plus $2.50 per ton for newspaper, magazines, and junk mail; 100% plus $5.00 per ton for other paper and mixed paper and $84% for aluminum with total projected revenues of $31,330. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Patterson, Councilmembers Smith, Cokinos, Ames and Davis Noes: None At the request of Mayor Moore, Mr. Riley explained the City's recycling program and the desire to promote the additional collection of paper and aluminum and addressed costs Minutes;10/2098;Page 3 incurred with recycling of plastics and revenue received from paper, cardboard, and aluminum. 2. PUBLIC HEARING: Dilapidated Structures Consider an ordinance declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by the owners and authorizing the removal of certain other structures whose owners failed to comply with condemnation orders The fifty (50) below listed dilapidated structures are found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 3990 Anita - Jesse J. Smith, owner, 4125 Bennett Road - Stella Johnson & Leo Brown, Attn: Alvin Johnson, owners; 2535 Brickyard Road - Clara Mae Lincoln, owner, 11725 Carpenter - William C. Jones, owner; 1465 College- Henry Garcia, owner; 2811 Crockett - Hugh Mahoney, owner, 1160 Delaware - Ida Jarvis Smith, owner; 2960 Elinor -Viola Foster Estate, owner; 1305 Euclid -Thomas King, owner; 1635 Gilbert - Shirley L. Richards, owner; 560 E. Gill - John Jenkins, owner; 1192 Gul , Lillie L. Fisher Estate, Attn: Douglas J. Fisher, owner; 8090 Helbig_Road - Louis E. Wilkins, owner; 805 Lincoln, Clara M. Ross, owner; 1055 Lincoln, Mrs. Clarence Solomon, owner; 2355 Pecan, Louise Thibodeaux Simon, owner; 1696-98 Port, duplex, - Ornelle McElroy Estate, c/o John Wycoff; 4235 Pradice - Joe Francis, Attn. Jessie Ealy, owner; 5190-92 Roberts Road - Howard Kern, owner; 550 Schwarner - Josephine Modica, Attn: Mrs. Albert Mayou, owner; 955 Stanton - Julia G. Broussard, owner, 2645 Washinglon Blvd. - Lucinda Baker, owner; 3315 Waverly - Homes Savings of America FSB, owner; 3346 West Lane &garage - Kimberly D. Pollock, owner; 790 Avenue D - Bruce A. Hamilton, owner; 3750 Brandon -Associates Financial Company, owner; 4115 Brandon - Joyce Callier Estate, c/o Kathleen Jones, owner; 806 College. commercial - Charles A. B. Arena, owner; 1941 College, front commercial structure - Christian Cole, owner; 4365 Ector - Thomas Caryle McNeal, III & Robin Chance, owners; 3950 Estelle - Glinda Thompson, owner; 4270 S. 5th - W. N. Reed, Jr., owner; 2425 Harriot - Rogers Ferguson, owner; 695 Highland Drive - Douglas William White, owner; 1830 Highland - Patsy Stumpf, owner; 3902 Highland, commercial - Raymond Egland Estate, owner; 4955 Mallett,garage apartment- Douglas William White, owner; 1010 Orange - Tim Edwards Et Ux, owner, 1495 Pennsylvania-Thomas J. Moore, Jr. Et Ux, owner; 1010 Pipkin - Clara W. Vickers, c/o Lloyd's Home Rental, owner; and 3162 Prairie - James C. Holmes, owner; all with 25 violations and Staff recommendation to raze within 30 days; and 995 Avenue B - Franklin D. Atkins/Curtis L. Gill, III, owners; 1490 Avenue F - Crystall Spikes, owner; 3020 W. Crockett - Harold F. Butler, Sr., owner; 1745 Leyy - John Baugh Estate; 4142 Ogden - Joe D. Shamburger; 999 Orange - Allen LaFleur, owner; 3075 Roberts - Homer L. Babino, owner; and 2685 Santa Fe - Fred Altman, owner; with a condemnation request without previous order. Minutes;100%8;Page 4 It has been determined that the structures listed below meet the definition of a dangerous structure and have deteriorated such that they are no longer considered suitable for repair. The owners have been notified but failed to take any action. The Neighborhood Services Division of the Clean Community Department is requesting authorization to demolish these structures in accordance with the Dangerous Structure Ordinance without previous order and charge the property owners with the cost of demolition. The addresses are: 1039 Avenue D, 1041 Avenue D. 1585 Cable, 1410 Church, 4875 Dallas, 285 Delaware, 4430 Detroit, 2778 Goliad, 1910 Grand, 450 Jackson, 495 Jackson (A & B), 3155 Kent, 490 LaSalle, 1690 Linson, 1805 E. Lucas, 440 Mannino, 1370 Maple, 580 Martin, 2667 Pine, 2801 Pine, rear, 3115 Pine. duplex, 415 Pollard, 460 Shamrock, 570 E. Simmons, 5335 Spencer Drive, 1140 Saint Charles, 3265 Taliaferro, 2263 Taylor, rear structure, 2480 Taylor, 2028 Texas & metal shed & garage, 2815 Virgil, and 3563 Waverly. The seventeen (17) below listed structures have been condemned by City Council and the owners ordered to either raze or repair them within specified time frames. Reinspection of these structures have revealed non-compliance with the Council's order. Authorization is requested from the City Council to demolish these structures in accordance with the Dangerous Structure Ordinance and charge the property owners with the cost of demolition. 790 Avenue D, 3750 Brandon, 4115 Brandon, 806 College, commercial, 1941 College, from commercial.structure, 4365 Ector, 3950 Estelle, 4270 S. 5th, 2425 Harriot, 695 Highland r've, 1830 Highland, 3902 Highland, commercial 4955 Mallett, garage aparatment, 1010 r e, 1495 Pennsylvania, commercial, 1010 Pi kin, and 3162 Prairie. Ordinance No. 98-65 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION, RENOVATION AND REMOVAL; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY was introduced. The public hearing was opened at 2:15 p.m. Mr. Ed Walker addressed Council regarding the structure at 570 East Simmons to request additional time to rehabilitate the building. Mr. Walker said he is ready to complete the work and previously didn't understand the work program procedure. Mr. Walker said the house has a new roof, is secured, the yard is clean, and he has a good relationship with the neighbors. He said that he has rehabilited other homes and is ready to finish rehabilitation of this structure. Mr. Howard Kern addressed Council to request additional time to rehabilitate the structure at 5220 Roberts Road. Mr. Kern explained that he is disabled and has been going back to school. He spoke about receiving a renewal to reroof and rewire the building and asked for time to complete the work by January 31, 1999. Mr. Wesley T. Smith, Jr. addressed Council regarding the structure at 2480 Taylor. Mr. Smith related that he previously was granted an extension, but immediately after the Minutes;1W098;Page extension was granted, his work schedule increased to six and seven days per week and he also experienced personal problems that kept him from working on the structure. Mr. Smith said his intention was to fulfill his obligation of repairs. He spoke of materials being stolen and said if he is granted an additional extension, he would like to revise his work plan and complete additional repairs. Mr. Franklin Atkins addressed Council regarding the property at 995 Avenue B. Mr. Atkins stated that he purchased the property and then learned the property was in the demolition process. He also spoke of problems getting the property properly deeded to him. Mr. Smith told of the repairs he has already made and responded that there are no delinquent taxes on the property. Mr. Atkins requested additional time to properly finalize the legal matters regarding the property deed and to rehabilitate the structure. Ms. Crystall Spikes addressed Council to request an extension to rehabilitate the structure at 1490 Avenue F. Ms. Spikes said she is a full-time student at Lamar University and has just recently become employed after a period of time. She added that she has proposals for the rehabilitation in place. Mr. Charles Smith addressed Council to request that the structure at 2801 Pine not be demolished. Mr. Smith wants to purchase the property and rehabilitate the structure. He said that he is a self-employed carpenter and can make the necessary repairs. Mr. Smith submitted a handwritten note from the owner stating that she has agreed to sell the property to him. Ms. Colleen Hatcher addressed Council regarding the structure at 4115 Brandon. She stated that work was begun before the structure was tagged and she has had two major surgeries in two years and been unable to work on the house. Ms. Hatcher said that she is now financially able to complete the work and asked for additional time to rehabilitate her mother's estate. Mr. James Lungs addressed Council regarding structures at 850 Elm and 1910 Grand. Pam Loiacano explained that 850 Elm has already been condemned and Mr. Lungs was unable to attend the meeting in July due to illness. She stated that Mr. Lungs is probably requesting that condemnation action on 850 Elm be rescinded. The structure at 1910 Grand is on today's agenda, and they are both on the same legal. She said some repairs have been made to 850 Elm. Mayor Moore asked Staff to bring this structure back at the next meeting to rescind the demolition order and give Mr. Lungs an opportunity to complete the work he has begun. Mr. Lungs also requested time to rehabilitate the structure at 1910 Grand. Since the structure is open and accessible, Mayor Moore instructed Mr. Lungs to secure the structure immediately and establish a work program. Minutes;1012098;Page 6 Ms. Sandra Hawkins addressed Council regarding the structure at 4142 Ogden. Ms. Hawkins stated that she purchased the property on October 6 and learned about the demolition order. Pam Loiacano reported the amount of damage to the structure and the costliness of repair. Ms. Hawkins explained that part of the work would be contracted and some of it they would perform. Mayor Moore inquired about the legality of selling a condemned parcel of property, and the City Attorney stated that "it might lead to some civil fraud action, but there's no lawful requirement..." He also stated that the City's ordinance has been amended for future filings at Jefferson County. Mayor Moore pointed out to Ms. Hawkins that this structure needs a lot of work to bring it up to Code. Ms. Hawkins said that they have cleaned the property, are working toward rehabilitation and know it will cost a lot of money, but are willing to make the investment. Mr. Joe Victorian addressed Council to request additional time to rehabilitate the structure at 2778 Goliad. Mr. Victorian explained that some work has begun, but mostly it was a project in which he and his son were involved. (Mr. Victorian's son was recently a victim of a fatal accident.) Mr. John Jenkins, Jr. requested a work program extentsion to rehabilitate the structure at 560 East Gill. Mr. Jenkins said that he had been out of work and had difficulty locating an affordable contractor. Mr. Jenkins said he has the materials needed and someone to help with the repairs. He said the repairs could probably be completed in three or four weeks. Mr. Thomas Moore addressed Council to state that through extinuating circumstances he has not been able to make the repairs to the structure at 1495 Pennsylvania. Mr. Moore said he wants to renovate the building or sell it and requested additional time. Mayor Moore expressed concern about an unsecured structure located next to the Boys Club. Mr. Mike Smith told Council that he is in the process of purchasing the property at 3902 Highland and has already begun clean up of the interior and exterior. Mr. Smith said he would like to use the building for an auto detail shop and requested time to begin a work program. Mr. Alvin Johnson addressed Council to state that because of his mother's death he has not been able to complete work on rehabilitation of the property at 4125 Bennett Road. Mr. Johnson said he did some repairs last year and asked for additional time. Mr. Johnson said he did not know how long it would take to make the repairs. Pam Lociano said an extension was granted in November, 1997, until February, 1998. There being no one else to speak, the public hearing was closed at 3:15 p.m. Councilmember Davis questioned the City's liability for houses that have been habitually on a work program and have not successfully been repaired. Mr. Nichols said that there has Minutes;10/2068;Page 7 been an erosion of the exemption for discretionary acts under the TORT Claims Act and sometimes cities are held liable. Councilmember Davis expressed concern of future liability and lawsuits. He spoke to protecting the rights of people and their property, but also the need to respond to neighbors of the dilapidated structures. Councilmember Davis also discussed the repetitiveness of structures being on demolition lists and failure for their rehabilitation or being brought up to code requirements. Councilmember Davis suggested that when a structure is placed on an agenda for Council consideration that a notation be made with the number of times work programs have been started or extensions given. He said that he cannot support more than three opportunities for a work program. He stated that statistics indicate that any rehabilitation should occur in that period of time. He spoke about neighboring residents having strong concerns with the devaluation of their property, safety and possible illegal activities because of these structures. Councilmember Cokinos addressed the progress at 2778 Goliad and voiced support for pulling the structure from the demolition list. He also spoke about the deterioration of the majority of structures beyond rehabilitation and need for more information. Councilmember Smith stated that she is disturbed not only with repeated work programs that are never completed, but the amount of cost required to bring these structures into compliance with Building Codes. She expressed concern that rehabilitation costs exceed the value of the property in many cases. Councilmember Smith also voiced disapproval of property sales during a work program period and then having to institute the process again. She cautioned those in the audience contemplating rehabilitation of structures to be realistic and objectively look at the actual cost, time and effort that will be required. Mayor Moore summed up the discussion by stating that this has been a lengthy process, and usually Council is very tolerant and have a desire to work with owners, but stated that perhaps it is time to speed up the process. Because of certain situations, Mayor Moore said he would support pulling No. 43, 44, 47, 58, and 37 and allow additional time for repairs. Mayor Pro Tem Patterson added support of allowing rehabilitation time for No. 37 and 43 and spoke of filing notices at Jefferson County for properties that have been condemned, asked the City Attorney to verify with the County that none of the structures under consideration have had notices filed, and questioned the possibility of filing notices of those already in the process, not just those in the future. Councilmember Smith concurred that structures that have been condemned should not be allowed to be sold without knowledge to the purchaser. Councilmember Cokinos moved to amend Ordinance No. 98-65 to allow owners of No. 43, 995 Avenue B; No. 44, 490 Avenue F; No. 47, 4142 Ogden; No. 58, 2778 Goliad; and No. Minutes;10/2088;Page 8 37, 3902 Highland; to be granted 30 days to establish a work program. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Patterson, Councilmembers Smith, Cokinos, Ames, and Davis Noes: None On the remaining structures, based on comments made today, Mayor Moore said his recommendation would be to move forward with a work program within 30 days and rehabilitation begin within 60 days. Councilmember Davis asked if a shorter period of time to establish a work program could be considered in an effort to emphasize the seriousness of the program and suggested 10 to 15 days. Mayor Moore confirmed with Staff that this would be adequate time for them to establish programs for nine applicants. He then suggested that buildings must be secured and a work program started within 14 calendar days and rehabilitation started within 60 days or automatically defaulted for demolition. Councilmember Ames moved to add another amendment to Ordinance No. 98-65 to grant owners of No. 2, 4125 Bennett Road; No. 11, 560 East Gill; No. 20, 5225 Roberts Road; No. 28, 4115 Brandon; No. 40, 1495 Pennsylvania (commercial); No. 59, 1910 Grand; No. 70, 2801 Pine (rear); No. 74, 570 East Simmons; and No. 79, 2480 Taylor; fourteen (14) calendar days to establish a work program and secure the structures, begin rehabilitation within sixty (60) days or automatically default the structure for demolition. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Patterson, Councilmembers Smith, Cokinos, Ames, and Davis Noes: None Councilmember Cokinos moved to approve Ordinance No. 98-65 for the balance of the structures as recommended by Staff. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Patterson, Councilmembers Smith, Cokinos, Ames, and Davis Noes: None (Mayor Moore left the Council Chamber at 3:31 p.m.) 3. PUBLIC HEARING: Lamar Theater Minutes;1012098;Page 9 Consider an ordinance declaring the structure located at 3700 Highland to be a public nuisance and authorizing its removal Ordinance No. 98-66 ENTITLED AN ORDINANCE CONCERNING THE STRUCTURE LOCATED AT 3700 HIGHLAND;PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY was introduced. The public hearing was opened at 3:32 p.m. Mr. (Genoveva R.) Ruiz, owner of the structure, told Council that when he came before them in July, he thought he had until January 1, 1999, to reroof the building and establish a work program. Mr. Ruiz said that he made two attempts in August to establish a work program, but did not intend to begin the work until November. He said that he has a leave of absence from work beginning November 1 through February 1, 1999, when he plans to work on the structure. Mr. Ruiz said that he received notification to appear before Council last week, but did not receive other correspondence from the Neighborhood Services Division. Pam Lociano outlined the steps taken to contact Mr. Ruiz, a signed certified letter receipt, his visit to her office and request for an extension. The permit Mr. Ruiz purchased was to repair the roof, but the roof is not repairable. Mr. Ruiz said the roof permit was bought in place of entering into a work program in August when Ms. Loiacano was ill. Pam Loiacano listed the dates that this structure has been addressed since October 25, 1994. Mayor Pro Tem Patterson reminded Mr. Ruiz that on July 7, 1998, Council agreed not to demolish the structure if he would arrange a work program with staff within 30 days, keep the South Park Neighborhood Association updated on progress, work consistently with Ms. Loiacano and the progress monitored every 60 days. (Councilmember Smith left the Council Chambers at 3:40 p.m. and returned at 3:42 p.m.) Mayor Pro Tem Patterson said she was approached by constituents in that community in August about the condition of the building and personally went to the structure and could not see any rehabilitation work in progress. She checked again in early September and spoke with the South Park Neighborhood Association president, who affirmed they had no contact with Mr. Ruiz. By mid September, Mayor Pro Tem Patterson said she contacted City Staff regarding status of a work program. She requested that Staff attempt to contact Mr. Ruiz to progress with a work program and was told that a permit to repair, not replace, the roof had been purchased. Mr. Ruiz acknowledged that Mayor Pro Tem Patterson's statements were true, but said she is picking at him on details, but said the bottom line is that he promised to finish the roof by January 1, 1999, and reiterated that he will do that. (Councilmember Ames left the Council Chambers at 3:43 p.m. and returned at 3:45 p.m.) Minutes;1002098;Page 10 Councilmember Davis questioned the original date of ownership for Mr. Ruiz and the number of years the building has been in need of repair. He discussed past actions and promises for rehabilitation not being met, expressed some doubt for expectation of rehabilitation in the future, and voiced concern about the security of the building and safety implications expressed by the South Park Neighborhood Association. Councilmember Davis said he would defer to a Council decision, but has reservation in believing that rehabilitation plans will be completed. He stated that Council in the past six years has allowed ample time to renovate and repair the building and promises have not been kept. Councilmember Davis addressed the Neighborhood Association's concern for safety and the effort to give them a level of comfort and opportunity to build a rapport by requesting Mr. Ruiz to keep them apprised of repair progress. He said that by violating those kinds of requests, his support has been lost and does not believe fairness will occur. Mr. Ruiz claimed that buildings are not public nuisances. It is people on the streets that destroy buildings that are public nuisances. Mr. Ruiz said that in 1992 he made no promises about repairs. He claimed that he stated repairs would begin after he paid for the building, and would not have paid for the building if he thought it would be demolished. He also conveyed his thoughts concerning other problems in Beaumont. (Mayor Moore returned to the Council Chambers at 3:47 p.m.) In response to comments by Councilmember Davis, Mr. Ruiz again admitted that he could be brought to account on details, but said the roof will be replaced by January 1. He attributed his inability to attend the neighborhood association meetings to the number of overtime hours he is working. He said he has been working about 100 hours of overtime per month for the past year to save money for the building and said he is one of the few that is "putting their money where their mouth is." Mayor Pro Tem Patterson stated that in view of the building being a nuisance and a safety hazard, the roof leaking and Mr. Ruiz being in non-compliance with the agreement made in July, 1998, she cannot support not razing the structure. She said that she originally agreed to try to save the building because she thought it would be a historical asset. Mr. Allen Lee, 5095 Maddox, stated that homes are being repaired In South Park and said he has seen Mr. Ruiz working on the structure in the heat. Mr. Lee objected to Mr. Ruiz having to report to the South Park Neighborhood Association, complained that the Gaylynn Theater is vacant, stated that Mr. Ruiz has made a substantial investment in this building, and has donated the building on College for the PAL boxing team that has produced a national champion. Mr. Lee spoke of various Council violations that he will pursue. Mayor Moore asked Mr. Lee to address the public hearing regarding the structure only. Other concerns may be addressed later. Mr. Lee asked that Mr. Ruiz be given a chance to repair the building. Mr. Lee continued to interject that he has other information, said he supports Minutes;10/2098;Page 11 Mr. Ruiz fully and supported giving him a chance. He challenged the need for Mr. Ruiz to have to report to the South Park Neighborhood Association, and said he is doing a good job. Officer David Henry, Executive Director for the Police Activities League program addressed the public hearing to relate his relationship with Mr. Ruiz. He stated that Mr. Ruiz has donated a building at 2510 College for the past two years for the boxing program. Officer Henry said that he and Mr. Ruiz have discussed the possibility of using the old Lamar Theater building on Highland for a theater/drama PAL program. Mr. Robert Watkins, P. O. Box 2015, said he is Officer Henry's assistant at the PAL Office and met Mr. Ruiz about a week ago. Mr. Watkins said he took pictures of the building, contacted Jefferson County regarding the procedure to give the building a historical designation since South Park is a historic area. He reported that the building will be 62 years old on December 25, 1998. He said in 1967 the building became vacant for about 10 years and in1983 was closed. One of the original builders was the Jefferson Amusement Theater Company, the same company that built the Jefferson Theater. Mr. Watkins said the Jefferson Theater has been under restoration since 1977, or for about 20 years, when it turned 70 years old. Mr. Watkins asked that an opportunity be given to the "Be a Winner Foundation" to help Mr. Ruiz work with the South Park Neighborhood Association to obtain the necessary designations. He said given the opportunity, he thinks it can be something the South Park Neighborhood Association and the City of Beaumont will be happy to have as a historic site for the community. Ms. Carolyn Pickell, 3795 LeBlieu, commended Council and citizens for the restoration of downtown Beaumont. Mr. Raymond Chaisson, 1130 Lamar, expressed his concern with the demolition of the structure and in support of funding rehabilitation of the building since Mr. Ruiz' intent is to use the building to help children. He suggested a small business loan or a form of CDBG funding. Mayor Moore responded to Mr. Chaisson that the structure is privately owned and Mr. Ruiz would have to initiate a process and meet the criteria of the program to qualify. He said there has never been an approach made for any other consideration. Mr. Chaisson again expressed his desire to support Mr. Ruiz because of his charitable acts toward the PAL program. Mr. Chaisson said helping Mr. Ruiz would help children and the city. Councilmember Davis interjected that today is the first awareness that Mr. Ruiz donated the building for the PAL program on College Street, and said the compliance issue is the main one for which he has concern. He said this is not an issue of control, but of safety and Minutes;10x1098;Page 12 unfulfilled promises. Councilmember Davis said he would be willing to listen to any discussion to move forward. Mr. Chaisson restated that after hearing what Mr. Ruiz has done for the city through the PAL program, his heart was touched and encouraged Council to lend him a hand. Mayor Moore assured Mr. Chaisson that a judgment is not being passed on an individual regarding rehabilitation of a building. He said Council has been concerned for the past several years with the repair of the old Lamar Theater, and Mr. Ruiz' association with PAL and the issue of the Lamar Theater are two separate issues. Mayor Moore clarified that Mr. Ruiz did not have to report to the South Park Neighborhood Association and that they have been concerned with the condition of the dilapidated state of the Lamar Theater for over seven years. Efforts have been made to salvage the building and hopes were that a partnership would evolve to work collectively to keep the building in place. Mayor Moore expressed appreciation for the work with the youth of the community and would have liked to have been apprised of those activities before today. Mr. Chaisson apologized if his comments were offensive, but in hearing the news today, he was inclined to support Mr. Ruiz and help children. Mrs. Kathryn Wiggington said she has lived in South Park for 73 years, and the South Park Neighborhood Association does not try to dictate to anybody, but has been involved in clean-up efforts. Mrs. Wiggington said she has memories of the Lamar Theater and would prefer to save rather than demolish the building. She said their efforts began because the building is an eyesore and in poor condition. She said a recreation center or library would be greatly appreciated, as would any facility that would help the youth. Mr. Ruiz informed Council that his original intent was just to save the building. Since then he has become involved with the PAL boxing team. He said that building was in extreme disrepair, but he completely renovated the structure. He spoke about his ability to rehabilitate his residence from a condemned condition. Mr. Ruiz said the bottom line is his love for the old building, and only illness, Council, or an act of God could keep him from rehabilitating the building. He said that he will have to proceed one step at a time and will accept whatever verdict Council decides upon. Council questions to Mr. Ruiz included the amount of work already expended toward rehabilitation, time needed to complete the roof, and plans for the building. Mr. Ruiz restated that he has a leave of absence from work and can reroof the structure by January 1, 1999, and confirmed that he has had discussion with Officer David Henry about the Police Activity League using the building. He stated that he did not enlist the support of Minutes;10/2068;Page 13 Officer Henry, that originally he did not have a specific plan for the building, but is willing to offer the building for use in the PAL program. Mayor Moore confirmed that Mr. Ruiz retains ownership of the building on College Street and is allowing the PAL boxing team to use the building. Mayor Moore again asked Mr. Ruiz if the roof will be completed by January 1, 1999, and questioned why this structure is before Council, if he meets that deadline. Mayor Pro Tem Patterson replied that Mr. Ruiz has not complied with the requirement to initiate a work program, and there has not been a monitoring plan of the work in place. She said that non-compliance brings the structure back to Council, and that she would also like to see the building rehabilitated. Mayor Moore stated that he would love to see the old Lamar Theater building saved, said his heart goes out to anyone willing to preserve a place in their life or business for youth, but does not want to take away focus from the community. Mayor Moore said he is willing to give Mr. Ruiz opportunity to fulfill his commitment until the end of the year. He commended efforts to assure completion of this project. Mayor Moore stated that if the promised action does not occur by the end of the year, he could not support future efforts. He urged Mr. Ruiz to move forward with the civic plans that were presented today, if that is his desire, but emphasized that Council is not soliciting the use of a building or a program through Mr. Ruiz to give time for the building's rehabilitation. Mayor Moore further addressed a spirit of cooperation with the citizens of the neighborhood. Mr. Allen Lee, 5095 Maddox, spoke again about Mr. Ruiz' donation of the building on College Street for the PAL program and his modesty. Mr. Lee said rain-out days should be accounted for in the time frame for the roof replacement. Also, Mr. Lee spoke about the young man from Beaumont that participated in the PAL boxing program and was featured on ESPN, commended Officer Henry, and said Beaumont received national recognition because of the young man's ability. The public hearing closed at 4:35 p.m. For the record, Mayor Moore clarified that Mr. Ruiz has donated the services of his building on College for the PAL program, not the building. Mayor Moore recommended that Council stand firm on allowing the roof replacement to be completed by January 1, 1999. Councilmember Davis said the concern remains with the establishment of a work program, and said he supports strict parameters being set that will insure adherence and completion of the work program. Mayor Moore added that if Council grants an extension, that a work program be in place within two weeks and 60 days to start and complete the repairs. Minutes;10/2098;Page 14 Mayor Pro Tem Patterson added support favoring establishment of a work program within ten working days, monitored at 30-day intervals, and completed by January 1, 1999. Further discussion included the possibility of monitoring the remainder of the project at 30- day intervals. Mayor Moore moved to approve Ordinance No. 98-66 with an amendment that the owner enter into a work program within ten working days, the roof replaced by January 1, 1999, and the progress inspected by Staff at 30-day intervals. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Patterson, Councilmembers Smith, Cokinos, Ames, and Davis Noes: None At the request of Councilmember Davis, Pam Loiacano introduced Staff members Sean Williams, Diane Sullivan and Neighborhood Services Division Manager David Oliver. Councilmember Davis welcomed Sean to the City of Beaumont. Sean's brother was a classmate of Councilmember Davis. Councilmember Davis thanked Pam for doing a good job in one of the tougher positions with the City of Beaumont. COMMENTS * Councilmembers comment on various matters Councilmember Davis reported that he has received calls from residents in the Charlton- Pollard neighborhood about the cleanliness of City-owned property and asked that Neighborhood Services inspect those lots for tall grass. * Public Comment (Persons are limited to 3 minutes) Mr. Allen Lee, 5095 Maddox, addressed Council concerning proposed advertising to be sold for the Beaumont Transit System. Mr. Lee stated that he submitted the idea to Mr. Bill Munson to provide extended hours and routes of service by utilizing exterior advertising panels on the buses. Mr. Lee said he also suggested using part-time bus drivers instead of full-time personnel, and said that Mr. Munson took his ideas to the Public Works Director along with a study from the City of Lubbock. Mr. Lee said he promoted seven day a week service, 5:30 a.m. to 12:00 a.m. daily. Mr. Lee stated that he will share his ideas with the City of Port Arthur and foresees a shuttle service between Beaumont and Port Arthur. Also, he announced that he intends to write an editorial for the Beaumont Enterprise. Minutes;10/2068;Page 15 Mr. Charles Smith asked if he could proceed with the purchase of the structure at 2801 Pine and was instructed that he could, but that a work program must be established within two weeks and rehabilitation begin within 30 days. EXECUTIVE SESSION *Executive Session in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: Lloyd Brooks, Individually and as Administrator of the Estate of Elizabeth Washington, et al v. the City of Beaumont, Joseph Melonson and George Sledge Andre Jones v. City of Beaumont Mayor Moore announced that Council will be attending meetings of the Texas Municipal League next week, and the next Council meeting will be held in two weeks. There being no further business, the meeting recessed at 4:40 p.m. to reconvene in executive session. Mayor David W. Moore Barbara Liming, Deputy City CI Minutes; 10/1098;Page 16