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HomeMy WebLinkAboutMIN APR 21 1987 MW REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD APRIL 21, 1987 - 1 :15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the list day of April, 1987, with the following present: � 90NORABLE: Maurice Meyers Mayor Bob Lee, Jr. Councilman At Large Andrew P. Cokinos Councilman At Large Lulu L. Smith Councilman, Ward I Mike Brumley Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Albert El. Haines City Manager Lane Nichols City Attorney -000- The Invocation was given by the Reverend Robert Turnage, associate pastor of Victory Temple. The Pledge of Allegiance was led by Councilman Smith. -000- MAYOR MlEYERS: We have scveral very enjoyable activities be f ore we commance our regular agenda. The first I'd 'like to do is read a note I had gotten from 'Bonnie Eva; S. She's the Amierinanism Chairman through the Veterans of Foreign Wars and the PI-isorier of War/Missing •In Action Fla�g pro-mot-lon, and the letter was to the City for helping us regarding receipt of a POW,,mlA 'la' and we are g 01 Dlg to comi.-ly willIngly and anxiously with their request to fly this flag on SPP-Cific days being, Me-morial Day, Veterans Day, and Prisoner of War Recognition Day and I believe that with us today are Tony Cormier, Senior Vice C o mm,3 e r and B o n n.I-e E-'v a n s, Americanism Chairman. I believe they are both here plus anyone else that they would like to have come forward ;piths and present the flag to City Coullcil. MRS. EV-kNS: Mayor, we would like to thank the City for helping us 'Keep this hu si�-nl tar I an Issue before the public. We have 15 "missinc, in action" from Bo-u.ston. one Ir ­ C, 0 from the City of Beaumont, one from Fort Arthur, one from Nederland, two front Lufkin, one from Nac •gdDches, one from Woodville and one froM San Augustine; so, this is very h a local issue for us and on behalf of the Veterans of Foreign Wars and their Ladies' Auxilliary, the Viet Nam veterans that are represented here, we would like to thank the City. _irr_ -Ij April 21 , 1987 MAYOR MEYERS: Thank you, very much. We appreciate the presentation today and the activities that you've included us in the past and we are honored to fly this flag in front of City Hall. Mr. Cormier, if you care to make any comments, feel free to do so. MR. T0,NY—CORM IER: Mayor, we do appreciate your extending this Invitation to us to be here today. This means a whole lot to us to have this flag flown. We are pushing the issue and we do appreciate it. I do want to thank you and the Council, the City Manager, whoever is here -today, we do appreciate it. Thank you. -0100- Several proclamations were Issued: "First Annual Boys Haven Crawfish Festival and Craft Show" - April 26, 1987 (Mayor 1'1eyers was presented a cap, "crawfish festival" t-shirt and ticket to the event;- other members of City Council, City Manager and City Attorney were presented with t-shirts and tickets); "Professional Secretaries Week in Bealrniont" - April 19-25, 1987 with special recognition for "Profession Phi's I — I al Secretaries Day" on April 22, 1947; Beta Sifma Ph s rounder's Week in Beaumont" - April 22-May 2, 1987; nd "Fair Hous g Month in Beaumont" - April, 1987. -000- The following Consent Agenda iteins were considered: Approval of the Yni-nutes of the regular City CoiiF�cil sessions held February 24, March 10, 17, 24, 31 and April 7 and 14, 1987; Resolution 87-84 authorizing execution, of a license to encroach, aFzreement with Judy Telger, realor with duPeriar Real Estate for the owner, Romeequity, Inc. , for a Sw 1-:It 1 n.il n la pool and apron extending 11 feet Into a 16-foot utility eas2fnent across the rear of Lot 27, Block 13 of Dowlen West Addition, Unit ILX, and 2 feet onto a 4-1/2-foot street 'Light easement between cots 27 arid 28 of the samie block - residence "Located at 840 Brandywine Drive - for a one-time license fee of $500.00; and Resolution 87x-85 authorizirring execution of a license to encroach agreement with Larry W. Crockser, president of Service Title Company, as agent for Don -I Hl Lightfoot om, Builders, Inc. , for a concrete slab and patio extending 0.4 of a foot into a 10-foot utility easemtent- on the west side e o!F ..at 23, Block 1 , Pine Glen Second Addition for the residence located at 781-3 Joyce Lane for a one- time license fee of $500.00. The Consent Agen,,Ia was approved on a motion made by Councilman Samuel and seconded by Councilman Lee. 'question: Ayes: All Cayes: None -136- April. 21 , 1.957 No one wished to address City Council on Agenda Items B, C and E. -000- CITY MANAGER: Council, I would like to move to item E first. Mr. Peacock (Consulting Attorney representing the City of Beaumont in the ESM Government Secu.-.ities loss) is here with us and he is going to have to leave In a few moments. In the event that there are questions relating to these three items, 6, 7 and 8, would ask that he be here in attendance. With your permission, I'll move then directly to item E.6. First of all, you have a Council letter summary from the City Attorney. I'll read . . just simply highlight the action requested on the three items. These three items have been placed on the Agenda relative to the out-of-court settlement with FIDATA Corporation, successor to Bradford Trust, Inc. Two are ordinances which would enable the City to invest and draw Interest on the $1.8 million settlement during the 30-day waiting period allowed for appeals before the settlement becomes final. The procedure would be similar to the one followed in the settlements with ESM Government Securities and Alexander Grant. The third item is a resolution which would authorize the City Manager to execute documents related to the settlement. Resolution 87-86 authorizing the City Manager to execute all documents necessary to settle the pending litigation with FIDATA Corporation, successor to Bradford Trust, Inc, of $1.8 million; Ordinance No. 8-17-26 authorizing the execution of an undertaking agreemient with FIDATA which provides that the money may be paid immediately to the City subject to repayment should an appeal be successful and levying a tax sufficient to repay all amounts which the City may be called upon to repay under the undertaking agreement: ORD IN -26 ANCE No. 87 ENTI nED AN ORDT NANCE AUTHORIZING T,.�JE C17-1 MANA�3ER TO EXECUTE AN 1 '17 UNDERTAKING- AGREEMENT TO BE USED Ili THE WIIFHDJRAWAL OF F`JNDS FROM TTHE SETTLEMEENT OF P-ENDING7 L111GkT1,--1N WITH FIDATA CORPORATION 'ND PROVIDDIN3 FOR I- E LEVyTN- AND COLLECTING OF A SUFFICIENT TAX TO PAY 'r1JE INTEREST ON SUCH ORT-I'O'ArIONS IN'C'URRED AND TO PROVIDE A PROVIDE A SIN KTN- JNG FUND; AND PROVIDING FOR SEVERABILITY. and Ordinance ;lo. 87-27 authc)rJ21ng the City Tlanager, as the Financial Director of I the City, to place the settlement of the pending FIDATA Corporation litigation in a segregated account - funds to be invested In accordance with the I-1vestment policies of the City was considered. ORDINANCE NO. 87-27 ENIVITLED kN 0k DI:A1N-'1E DIRECTING THE USE AND INVEST SMIENT OF ALL FUNDS REICEIVED IN THE SEi-,TLEMENT OF 7.UE PENDING LITIGATI'l-IN WIT1i FIDATA CORPO7ATT,0'j .AND PRC)VTDI"1�� FL)p, S-1 N �VERABTLTTY. -157- April 21 , 1987 Resolution 87-86 was approved on a motion made by Councilman Cokinos and seconded by Councilman Lee. Question: Ayes: All Nayes: None Ordinance No. 87-26 was approved on a motion made by Councilman Cokinos and seconded by Councilman Brumley. Question: Ayes: All Nayes: None Ordinance No. 87-27 was approved on a motion made by lCouncilman Cokinos and seconded by Councilman Brumley. Question: Ayes: All Nayes: None MAYOR MEYERS: I would like to take a minute to compliment you, Hoke, on a good effort and getting us $1.9 million. The bottom line of what we are doing here is get the money in hand, which has been the principle that we've been following. MR. HOKE PEACOCK: That's right. I must tell the Council there's a document that I've just handed Lane that he can hand out. A group of it fairly summarizes in a little Nne in,or an 14 d um bow our Part of this Is calculated and I think It is worth noting in that, at least In pissing and discussing these, and I think we are through with the formal documents, are we not? Let me just explain to everyone here what has happened in this deal. There was a lawsuit, as all of you know, with FIDATA Corp. , formerly known as Bradford, and there were . . . there's one law firm that represents all the other public body creditors, Wildman, Harrold in ' vrnphIs, represents . . . really started out representing the City of Memphis School System, and we were represented separately at the direction of this Council in this litigation and, when it came time to settle the case, or Bradford was offering to settle the case, the other public bodies wanted to settle for a nu-tuber that was smaller than the number that we wished to settle for and the way that was accommodated In the final documents that you have Just an—proved is that we get a disporportionately large part of another fund k, so that we are getting $1 .8 million net out of that settlement which approximates '-what we would have received out of a $10.0 rnillion settlen.qent as opposed to the $8.0 million settlement that the other public bodies agreed upon. And, I think that this Council is to be commended for hanging in there and conducting this litigation aggressively and taking a strong position about this matter and insisting that a fair settlement in respect to the City of Beaumont's claim be miade. And, I found it a pleasure to represent the City in this. The lawyers that represented us in Florida, particularly Andy Gorden and the Schutz and Bowen groulp were very pleased the way that this was conducted and I think it has been an advantage to the City and I commend you for It. MAYOR MEvEp -,S: Thank you very much, Hoke. Are there any other questions? Thank you very much. -158- April 21, 1987 A resolution authorizing the purchase of apprxoimately 1,500 tons of Class A, Type B coldmix asphalt aggregate from White's Mines in San Antonio for an estimated $60,645.00 was considered. Councilman CoUnos questioned the per-ton cost of $26.59 plus the current freight rate of $13.84 per ton, saying that a telephone call had been made to White's Mines on Monday and that the company quoted a price of $12.75 per ton for the materials plus the freight charge of $13.84 for a total of $26.59. Mr. Warner, Director of Public Works, was instructed to call the company and verify the total cost per ton, including freight charges, and report back to Council later in the meeting. The item was deferred for later consideration. -000- Resolution 87-87 authorizing the purchase of a paging system from Trinity Communications of Beaumont in an amount of $14,050.00 was approved on a motion made by Councilman Brumley and seconded by Councilman Lee. Question: Ayes: All ?ayes: None -000- Resolution 87-88 authorizing the purchase of approximately 75 fire hydrants in various sizes from Goiden Triangle Pipe and Water Supplies, inc. all an estimated amount of $31 ,940.00 was approved on a motion made by Councilman Lee and seconded by Councilman Moore. Question: Ayes: All ?ayes: None -000- Resolution 87-89 authorizing execution of a contract "Leasing the boat ramp at Collier's Ferry Landing at the end of Pine Street from the State of Texas for a five-near term from May 18, 1936 and expiring 0 May 18, 1991 for a token consideration of $5.00 was approved on a motion made by Councilman Brumley and secc,r-ided by Councilman Samnuel. Question: Ayes : All 'Mayas: None -000- The resolution authorizing purchase of Class A, Type B cold-.nix asphalt aggregate was again considered: 'Director of Public Works, told Council that he had called White's Mr. Warner, LI mines and that the price of $26. 59 was the total delivered price per ton (including f reighit.) for the materials as stated by Councilman Cokinos. City 1111anager Haines asked that the item be deferred one week for -written verification of the quotation and preparation of a corrected resolution for Council's consideration. -000- -Irg- I April 21 , 1987 A public hearing was called to consider eleven (11) below-listed structures found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 1274 CENTER - Douglas Traylor, owner (15 violations), staff recommendation to raze within 30 days; 1408 CENTER - D. F. Sanders, owner (9 violations), recommendation to raze or repair within 30 days; 1160 DELAWARE - Theo Baker, Jr. , owner (13 violations), recsom. mendation to raze or repair within 30 days; 2605-07 - COAST - James Broussard, owner (9 violations), recommendation to raze or repair within 30 days; 2888 CONCORD - Richard Mosby, owner (9 violations), recommendation to raze or repair within 90 days; 2460 N. 9th - Charles R. Wallace, owner (14 violations), recol-nmendation to -r-aze or-repair within 90 days; 175-77- E.- GILL - Gertrude Burges c/o Daisy Gilford, owner (16 violatio"7, recmm oendation to raze or repair within 30 days; 1758 _kRROLL - Manuel Washington, owner (14 violations), recommendation to _Fiiz_e_within 30 days; -2041 LEIPER - Clara Henderson, owner (9 violations), recommendation to raze within 30 days; 3590 FANI-PNETT - Albert Andrews, owner (13 violations), recom.meadation to raze within days; and 3609-11 ST. JAMES - Johnnie Taylor, owner (12 violations), recommendation to raze or repair within 30 days and the structure located at 1725 Amelia was pulled by staff because the property is now in probate) The twelve (12) structures listed below have been condemned by City Council and the owners ordered to either raze or repair them within specified time frames. Reinspection of these structures Dave reveal -led non-compliance with T the Council's order. The Co-imunity Development Department/Code Enforcement Housing Division is requesting authorization from the City Council to demolish these structures in accordance with the Dangerous Structure Ordinance and charge the property owners with the cost of the demolitions: SO� I,r 2415 SOUTHERLAND, 2425 1'-,IERSAND, .2008 CARTWRIGHT, 2390 EMILE, 2255 ORANGE, 2720 BL4tiCtIETTE, 1-49-0_M!Lh_M_, _1228-.4- BROOKLYN, 1435 FORREST, 1575 L�--s-4EUt7-1-2-4-25 I AFT_A_­N_D­__21_T5_:R7ATCLT_ Mr. Felix Broussard, owner of the structure located at 2425 Taft, addressed Council to request additional time for the rehabilitation of the structure, saying that he had been trying to do the work himself with out-of-pocket money and that until recently when construction work has become more plentiful he has been unable to buy materials. Mr. Broussard told Council that he could close the back of the house by this weekend and establish another work schedule and obtain the necessary work permits to Complete the rehabilitation according to the schedule. Mr. Robert Jones, 3966 Avenue A, owner of the structure located at 2255 Orange, told Council that be had been working on the structure and had eliminated Several of the named violations but realized that in removing a portion of the slate roof (with the intention of replacing it with an asbestos type roof) that additional violations had been listed. He told Council that the structure was secure and that he had obtained work permits for the rehabilitation of the structure. _1601- April 21 , 1987 Mrs. Farnell Rocio, representing Mrs. Mollie Bean, owner of the structure located at 1575 LaSalle, addressed Council to say that Mrs. Bean would have the structure rehabilitated and brought within City Code within the specified thirty days. There being no one else to address Council, the public hearing was closed. Ordinance No. 87-28 declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by their owners and authorizing the Community Development, Department to cause to be removed certain other structures whose owners have failed to comply with previously issued condemnation orders was considered: ORDINANCE NO. 87-28 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING T`�iEIR REPAIR OR DEMOLITION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PE -kLTY. Section 1 was amended by removing the structure located at 1725 Amelia. Section 2 was amended to add the structure located at 2005-07 Coast for raze or repair and Section 3 was amended by deleting 1725 Amelia and 2605-07 from the section. Sections 1 , 2 and 3 of the ordinance as amended were approved on a motion made by COLInCilman Lee and seconded by Councilman Brumley. Question: Ayes: All Nayes: None Section 4 was a;%tended by removing 2255 Orange and 2425 Taft frog the section to allow the owners to re-establish work schedules and secure proper permits for the rehabilitation of the structures in a timely fashion. A regular status report on the progress being :jade on these structures was also requested by Council. Section 4 of the ordinance as amended was approved on a motion made by Councilman Samuel and Councilman Moore. Question: Ayes: All Nayes: lone -000- Councilman Moore requested that the staff "take a look at a structure that is directly behind Antioch Baptist Church on Washington Boulevard, that's east of South 8th Street; there are children playing in this structure and it needs to be closed or torn down immediately because I preceive this as a potential danger. ' -161- April 21, 1987 COUNCILMAN MOORE: Also, in another line, you know, I think it is always very Important that we understand that the only thing that is constant is change and we continue to nake changes. This unit of City Council members has grown a great deal, I know, since I've been here the last three and a half (3-112) years and also since the other members have come aboard in the last year; so, I think in somewhat of a cooperative measure - and the timing couldn't be more appropriate I think than today - that we look at the issues and where we are. I have served the City in the capacity of Mayor Pro Tem last year and that opportunity was given because members of Council thought that everybody should have an opportunity - not just those At Large, but also those in Wards and I had that opportunity and I think it did something for my development. So, in the nature of the cooperative spirit, that cohesiveness that we are going to have to have as a group of togetherness, expressing esprit de corps or working as a team, I'd like to make a motion today that I pass that honor on to another member of Council and that he in turn, a year from now, will do the same so that we can all have the opportunity to serve. So, I would like to make the motion right now that Mike Brumley become our next Mayor--Pr- — . COUNCILMAN SAMUEL: Second. MAYOR MEYERS: Thank you, -,David. We have a motion and a second to nominate Councilman Mike Brumley as Mayor Pro Tem. Do you have any comments, Brumfield? COUNCILMAN BRUMLEY . . . thank you, David. It's been a good year to sit and watch you as you been Pro Tem. I appreciate the nomination. You've had opportunity to lead the City while Maury was out preparing the City for the Summit. I commend you for a job that . . . it was a great job and you've always been a 'Leader. I hope that I will be able to do nearly as well as you've done - most of all, how well you've been a leader, and with your help and with the rest of Council's help, I'll look forward to the opportunity. And, I thank you for it and you, too, Audwin. MAYOR '..'4EYERS: Thank you, Mike. I would only want to add and David said it very well. if it is our opportunity as a team to expand everything that we do as he mentioned his opportunity to expand during that period, and I commend him for his action COUNCILMAN LEE; One other comment and I think this probably should be a tradition as well, David, and that is that the very first Sun-la-y--a—ft-ei—r the Mayer Pro Tem is elected, that he will---b-e--f—nthe Dunking Booth at Sunday in the Park and since he will be reading the comics this Sunday, it certainly giv®e s­-?ifmi a perfect Opp or tu ni ty. -362- April 21 , 1987 COUNCILMAN BRUMLEY: 1-11 seize upon that opportunity. COUNCILMAN LEE: Terrific. MAYOR. MEYERS: Well, we'll include that in the motion then. I would call for the motion. All those in favor signify by saying Aye Opposed 0 - Question: Ayes: Mayor Meyers Abstained: Councilman Councilman Lee Brumley Councilman Cokinos Councilman Smith Councilman Samuel Councilman Moore -000- MAYOR MSYERS: I feel Compelled to say something and that is a bit of what I said earlier. It is awful easy to look for what is wrong - I mean, awful easy. It is just the easiest thing in the world and I would encourage anyone to try to treat vhat's wrong and look for twhat's right. And, I th�ink that's a good healthy attitude for all of US. U -000- Mrs. Jessie Cooper, 446 Georgetown, addressed Council to tell of a "'rational event that Beaut-aont is going to be involvad in and I just learned about it last week. There Is going to be an autocade celebrating the Bicentennial of the Constitution and I have been asked to coordinate Beaumont. There are about four streams of people starting across country -- one in California on July 4th; the one in Texas on July Pith.and they are going to start in Dallas, go to Austin, go to 'Houston and spend the night in Beaumont. Now, it is clot going to be the -first day . . it's riot going to be immediately after the 11th. The agenda first was to be done In September b,-It now it's been ?loved to July So things are not completely organized yet; but there will be a group coming to Beaumont for the night . . . for some night early in July and it's my job where they can stay and where they can get their book-ups and so forth. And, I felt the Council would like to know it and I was hoping more people would be `?ere here because there Is a need for people to Know about it if you'd 111,11ke to join the autocade. . . . . . . It's going to be to every State capital in the Nation . . . 1 ,750 miles approximately (one way fror the route to Washington, D. C. ). . . " Mr. Henry Dapnen aum, 15167 Wall, addressed Council to discuss State-certified half-way houses and the np e d for continued support for those' churches and agencies that feed the needy In our area. Mr. Gene Darst, 585 Iowa, addressed Council in support of the reorganization of the Police Department as proposed by the newly appointed Chief, George Schuldt, including the return to two-scan units. -263- April 21, 1987 There being no further business, the meeting was recessed before continuing with the City Council Workshop Session. -000- I, Rosemarie Chiappetta, Secretary in the City Clerk's Office of the City of Beaumont, Texas, certify that the above is a true copy of the regular City Council session held April 21, 1987. Rosemarie Chiappetta Secretary - 54- April 21 , 1987