Loading...
HomeMy WebLinkAboutMIN OCT 30 2001 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith DAVID W. MOORE, MAYOR Guy N. Goodson, Mayor Pro Tern Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J. Patterson October 30,2001 Audwin Samuel 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 30, 2001, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING * Invocation Pledge of Allegiance Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items * Consent Agenda Mayor Moore called the meeting to order at 1:36 p.m. City employee Sean Williams, the Associate Minister of Love and Compassion Ministries, gave the invocation. Mayor Moore led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel (arrived at 1:42 p.m.), and Patterson. Also present were Stephen J. Bonczek, City Manager; Lane Nichols, City Attorney; and Barbara Liming, City Clerk. * Presentations and Recognitions (Councilmember Samuel arrived at 1:42 p.m. during presentation of the proclamation.) One proclamation was issued: "Celebration of Nations Week," October 29 - November 3, 2001. * Public Comment: Persons may speak on scheduled agenda items 2-4 Mr. Jude Paredez, 920 Wisteria, addressed Council in support of Agenda Item No. 4, commented about American freedoms and responsibility, and expressed his feelings that perhaps one day in the year commemorating Armed Service veterans is not enough. * Consent Agenda * Approval of minutes - October 23, 2001 * Confirmation of committee appointments- Reappointment: Ryan Smith, Convention and Tourism Advisory Committee,term ending September 11, 2003- Resolution No. 01-255 A) Approve an annual contract (with Casco Industries for an estimated expenditure of $46,840) to purchase fire protective clothing for the Fire Department- Resolution No. 01-256 B) Accept the Grand Recap of the tax roll for the tax year 2001 with a taxable value of $3,908,466,045 - Resolution No. 01-257 Councilmember Ames moved to approve the Consent Agenda. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson , Councilmembers Smith, Cokinos, Ames, Samuel and Patterson Noes: None GENERAL BUSINESS 1. Consider a request for a specific use permit to allow a church in an RCR (Residential Conservation and Revitalization) District at 2570 Laurel Councilmember Smith expressed concerns with inadequate parking and egress on a busy street (Laurel) creating safety problems. Councilmember Cokinos moved to approve Ordinance No. 01-090 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 2570 LAUREL IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Cokinos, Ames, Samuel, and Patterson Noes: Councilmember Smith 2. Consider approving a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains - Contract IV Councilmember Cokinos moved to approve Resolution No. 01-258 authorizing the execution of a contract with Horseshoe Construction, Inc. in the amount of $456,532 to rehabilitate sanitary sewer lines, manholes, and existing service connections. Mayor Pro Tern Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 3. Consider approving a contract for improvements to six neighborhood parks Minutes October 30,2001 Page 2 Councilmember Patterson moved to approve Resolution No. 01-259 authorizing the execution of a contract with Little Tykes Commercial Play Systems, Inc. c/o All Play, Inc. in the amount of $396,873 for renovations to Gilbert Park, Forest Park, Guseman Park, Rogers Park, Athletic Complex and Sprott Park. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 4. Consider amending Section 21-5 of the Code of Ordinances to add a city holiday commemorating Veterans Day Councilmember Cokinos moved to approve Ordinance No. 01-091 ENTITLED AN ORDINANCE AMENDING CHAPTER 21,SECTION 21-5 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND THE NUMBER OF CITY EMPLOYEE HOLIDAYS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 5. 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 Ordinance No. 01-092 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND/OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY was introduced. The below listed structures have been condemned by the City Council and owners are ordered to either raze or repair them within specified time frames. Reinspection of these structures has revealed a noncompliance with the Council's order. Authorization is requested from the City Council to allow the City to demolish the following four (4) structures immediately without further notification to the owners: 2255-57 North - Gerardo Loza (Alan Cramer Investments, Inc. LH), owner; 565 Prince- Josephine Harrison, owner; 3028 Rockwell - Phu Van Bien, owner; and 2564 Rusk - Robert S. Rollins ESTATE, owner. Authorization is requested from City Council to declare the twenty-eight (28) below listed structures to be dangerous structures and order the owners to raze such structures with ten (10) days. If the owner fails to comply within ten (10) days, staff requests City Minutes October 30,2001 Page 3 Council's authorization to allow the City to demolish these structures without further notification to the property owner or City Council action: 3430 Anderson (Multi-dwelling) - Don Estes Townsend, owner; 5470 Avenue A- Lieu Pham, owner; 2219 Avenue E - Mark C. Edwards, Sr. and Mary Spikes, owners; 6375 Bigner Road - Nicole Rogers c/o Patricia Green, owner; 3135 Brenham - Lelah Lee ESTATE c/o Carl Jenkins, owner; 2239 Broadway - F. C. Peel, owner; 1440 Burt - Samuel Powell ESTATE, owner; 1750 Cardinal E. Drive - Tommie C. Okervall, owner; 2160 Carroll - Fannie Carey, owner; 1175 Center- J. R. Handy, owner; 1185 Center- J. R. Handy, owner; 2675 Euclid - Roy Guidry, Jr. ET UX, owner; 3670 Fannett Road (Commercial)-Virgie Butler,owner;590 Fletcher-Dollie Harmon ESTATE,owner; 1350 Fulton-Charles Patrick Kelley, owner;2540 Grand-Lawrence and Stella Hicks,owners; 3985 Harriot- Ernest and Mazie Miller ESTATE c.o James Miller, owners; 4060 Hester- Louvenia Cormier c/o Matilda Guidry/Ester Auzenne, owner; 4430 Horn - Francis Zenon c/o David Zenon, owner; 1230 Iowa - Robert Warren Preston, owner; 4152 Ogden - Earl W. Creamer,owner;2782 Pennsylvania-Hope&Development Center, Inc.,owner; 1195 Powell - Lee R. Botley ET UX, owner; 2919 San Jacinto - Mervin Gibson, owner; 810 Saxe - Bruce E. Brosnahan, owner; 845 Stanton - Nathan Mack ESTATE, owner; 1410 Stewart - Louise Bellard, owner; and 1047 Willow - Hattie Young ESTATE c/o Leroy Young. The public hearing opened at1:56 p.m. Ms. Alesha Coleman, 4410 Horn, addressed Council in support of demolishing the structure at 4430 Horn because it is unsafe and creates a hazard for her home and neighborhood. Ms. Patricia Green, 992 Cartwright, addressed Council on behalf of her daughter, Nicole Rogers, to request an extension to rehabilitate the structure at 6375 Bigner Road. In response to queries by Councilmember Samuel,Ms.Green stated there have been health problems and other circumstances that have prevented completion of repairs, listed repairs that have been made, and their willingness to conform to a work program. Neighborhood Services Field Supervisor Pam Loiacano informed Council that a previously established work program has expired, any repairs made since that date have not been inspected and may not pass a future inspection, and that electrical and plumbing repairs require licensed electricians and plumbers. After confirming with Ms. Green that they would enroll in another work program and comply with the restriction,Councilmember Samuel recommended authorizing another 90- day extension to establish a work program that would be monitored by Ms. Loiacano. There being no one else desiring to speak, the public hearing was closed at 2:07 p.m. Mayor Moore recapitulated the recommendation from Council is to remove the structure at 6375 Bigner Road from the raze order and place it on a raze or repair order with a 90- day extension to develop a work program, and all other structures remain at their respective status. Minutes October 30,2001 Page 4 Councilmember Smith moved to approve Ordinance No. 01-092 with the above stated amendment. Councilmember Samuel seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None COMMENTS Councilmembers comment on various matters Mayor Pro Tern Goodson stated he will reserve commenting on the Municipal Transit until after the City Manager's report, complimented last Saturday's clean-up day activities by neighborhood associations and the Red Ribbon parade for"Make a Difference Day," said it was a wonderful day and beautiful parade, but expressed wishes for more spectators to enjoy the celebration. Councilmember Samuel complimented Fletcher Elementary School for receiving a five- star state rating, applauded Ms. Hebert, staff,and students for receiving the rating fortheir exemplary accomplishments, and announced that the award was reported in Texas Monthly. Mayor Moore reported that he and Fire Chief Bertrand attended an Emergency, Safety, and Security Summit conducted by the U. S. Conference of Mayors last week to discuss several matters. He said that Chief Bertrand was very active in discussions with other Fire Chiefs and members in break-out sessions, and a lot of information was shared between city representatives about the type of government partnership they desired regarding levels of security. They spoke with Governor Tom Ridge about topics that included getting some of the allocated resources to smaller communities, to Health Director Tommy Thompson and the FBI Director regarding alerts, procedures and protocols. City Manager Report-Streets& Drainage Capital Improvement Program (CIP), Strategic Action Plan 2001 Status, Beaumont Municipal Transit, Make a Difference Day, Early Voting, Broadway Theatrical Series, EMS Collections and Freedom Fest 2001 City Manager Bonczek reported that the third quarterly 2001 Strategic Action Plan emphasizing goals, objectives, and strategic issues that affect the City's direction in building and diversifying our economic base, revitalizing neighborhoods, maintaining financial stability, and improving the visual appearance of the city has been submitted to Council. Also, submitted is a survey for the purpose of selecting a date compatible to Council's schedule for the Partnership in Governance meeting in January to create an action plan to help guide administration during 2002. Mr. Bonczek addressed information provided regarding ongoing discussions with the Spindletop Mental Health Mental Retardation Center (MHMR), and said 19 clients use advanced reservation service that guarantees transportation to their appointments. He explained that the representative from MHMR last week referenced a Federal Transit Administration ADA Paratransit Handbook that deals with informal referrals that does not guarantee ridership pick up. He said 1991 FTA rules and regulations provide the basis Minutes October 30,2001 Page 5 for higher fares for social service agencies. FTA staff has reviewed Beaumont's ability to charge higher fares to social service agencies, and they have indicated there is no problem with the fee proposal. The additional cost to MHMR is $13.00 per trip, and they estimate an overall cost increase of about $110,000. He stated there will be continued need for subsidy to these clients, and the City has determined that most appropriately MHMR, who has transportation funding sources, should assume that responsibility. The City Manager reflected that this was part of the proposal presented for a balanced budget. In concluding his report regarding the Transit System, Mr. Bonczek invited opportunity for Mayor Pro Tern Goodson to present comments as he previously requested. Mayor Pro Tern Goodson expressed being upset after reading the Beaumont Municipal Transit report from the City Manager, stated that at the last Council meeting, he was under the impression there would be ongoing discussion with Council and dialogue between the City Attorney and MHMR Counsel, and voiced his opinion that those considerations were being whitewashed. He requested to view opinions received from the FTA and spoke of offense taken by the City when state and federal agencies inflict financial costs and burdens upon them that have to be passed on to constituents. Mayor Pro Tern Goodson stated that a year and a half ago before the merger of the Beaumont State Center into Spindletop MHMR, they came to the City and were assured they would be given consideration, but said there was no partnership or communication with MHMR before the budget process began. If given the opportunity, Mayor Pro Tern Goodson stated he will appoint a representative from MHMR to the Transit Advisory Board to insure collaboration with these agencies such as we seek from others. He expressed disappointment that this appears to be a "fait accompli," and said he believes misrepresentation took place last week when he questioned this matter being discussed with the affected agencies, and Mr. Munson, along with others, nodded affirmatively. Mayor Pro Tern Goodson said that is untrue, referred to being assured there is no problem, and again expressed disappointment that the subject was presented to Council in this format without further discussion. Mr. Bonczek continued his report by referring to a chart reflecting data of Capital Improvement Street and Drainage Projects from 1980 to 2001. Bond elections were held in 1980 and1983. Twelve 1980 Street Bond Projects, totaling $33 million, and nineteen 1983 Drainage Bond Projects, totaling $16.6 million, were added to the CIP list. He said the chart will periodically be updated to keep information current and available to share with the community. The City Manager reported that the Broadway Theatrical Series opened October 18 with a powerful performance of Ragtime with a total attendance of 984. Annual season ticket sales are at 771 compared to 872 last season that had an average of 1,220 patrons attending each performance. Lower attendance and larger technical costs created a break-even shortage of almost$4,000 on the Ragtime performance. Future performances are Sunshine Boys in January, and with the possibility of Susan Anton being present for the Annie Get Your Gun performance in April. Mr. Bonczek confirmed a production featuring Rudolph V. Hawkins as the lead singerwith a gospel group has been scheduled in December and will be sponsored by Community Bank and Clear Channel Communication. Minutes October 30,2001 Page 6 Also, Mr. Bonczek reported that EMS collections for FY2001 was about 52 percent short of the overall goal of 60 percent because of staffing issues. September collections were almost at 70 percent; the previous five months were at 61 percent; and Mr. Bonczek said the trend is positive with a focus on the 60 percent target. Various privatization opportunities for collections are being explored, and proposals to solicit from firms have been completed. A task force is reviewing privatization of EMS, and he said a report of findings should be presented to Council before Thanksgiving. Councilmember Samuel added that"Super Saturday,"a joint festival/carnival celebration planned by several elementary and middle schools will be held Saturday from 11:00 a.m. to 3:00 p.m. at Smith Middle School. He expressed a desire that the activity become an annual community celebration event. Councilmember Smith commented abouttiming of the"Super Saturday"celebration being in conflict with "Celebration of Nations" activities at the Art Museum, and the lack of communication between the City, Art Museum, and BISD to avoid a scheduling error that is affecting both events. She said fifth graders from the region are participating in an art contest and others have involvement in other capacities in the"Celebration of Nations." Public Comment (Persons are limited to three (3) minutes). Mr. Bill Proctor, 4340 Westridge, addressed Council about the $20 transit fee increase becoming effective before (Social Security)fixed income individuals receive an increase in January,2002,offered to privately discuss transportation needs with management,and addressed the importance of keeping communication open. Mr. Leroy Lewis, III, 1201 Euclid, addressed to suggest a College Street overpass for the safety of children near Park Shadows, spoke of bank robberies and encouraged extra police patrol units, said the unoccupied rice mill on Goliad and Fannin Street is infesting the neighborhood, thanked the Fire Chief and Mayor for attending the seminar, citizens who support Crime Stoppers, and City employees and the City Manager for demolition of unsafe buildings, encouraged reporting crimes as they are witnessed, suggested installation of metal detectors and security guards at the Beaumont Courthouse, complained about vagrant activities and businesses selling them liquor, again expressed a desire that all ditches be eliminated, thanked the City Manager for consideration of security guards at City Hall and Councilmember Patterson fordoing a fine job representing Ward IV, reported a flooding problem and a need to widen the street in front of Market Basket on Calder at 23rd Street,and complained about violation of the open container law. Mr. Jude Paredez, 920 Wisteria, addressed Council in opposition to an editorial in the Beaumont Enterprise stating the United States is the world's only super power. Mr. Paredez contended these kind of arrogant remarks are dangerous, and expressed his belief that the super power of this world is God or Allah. He continued to express his feelings that God is in charge, that if we do what is right, pray, and listen to what He is telling us, we will prevail, but if we fail to do these things, we will be crushed down just as many other civilizations have experienced. Minutes October 30,2001 Page 7 EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: James R. Hucker v. City of Beaumont, et al Beaumont Firefighters Local 399 There being no further business, the meeting adjourned at 2:30 p.m. David W. Moore, Mayor Barbara Liming, City Clerk Minutes October 30,2001 Page 8