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HomeMy WebLinkAboutMIN JUN 26 1990 REGULAR SESSION CITY COUNCIL CHAMBERS HELD JUNE 26, 1990, 1:15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 26th day of June, 1990, with the following present: HONORABLE: Evelyn M. Lord Mayor Andrew P. Cokinos Mayor Pro Tem Councilman At Large Brian Alter Councilman At Large Lulu L. Smith Councilman, Ward I Michael Brumley Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by John Davis, Ridgewood Church of Christ. The Pledge of Allegiance was led by Councilman Smith. -000- Mayor Lord invited Jo Ann Polk, on behalf of the Southeast Texas Art Museum, to make a presentation. JO ANN POLK: My name is Jo Ann Polk, and I am president of the Board of Trustees of the Art Museum of Southeast Texas. I 'm here today to bring a very happy event to the City. I bring a resolution from the Board of Trustees which I will sum up in simply saying that the Board of Trustees has signed back the lease on the Delaware to the City. This is some 19. 6 acres on Delaware. As you know a referendum passed in May of 1986, states that the tract becomes a passive park when the museum no longer owns the lease. With the assistance of Julie and Ben Rogers, we're happy to deed this property back to the City and have it become a passive park, which we hope next week or so, you will vote on. Thank you. MAYOR LORD: The official action to receive and name the park will be posted for next week so that it will be official, but I also at this time, in addition (Official action on agenda items begins on Page 149. ) -144- June 26, 1990 to expressing one more wonderful time our heart-felt appreciation to the Rogers, I would like to offer you both the microphone, so you can speak to us as you will about your wishes in the matter. MRS. JULIE ROGERS: I think everyone knows that I do the talking at home, but Ben does it in public. MR. BEN ROGERS: She keeps saying that, I 'm going to believe it! Well, I 'm back here, and Ladies and Gentlemen of the Art Museum, it was my pleasure to be able to make that contribution to honor Julie. There seems to be some confusion as to the name. As I said, we don't need a Rogers Park, so we' ll pass that one, and they thought we were going to ask it to be called the Cathy and Heathcliff Park, and I said, no, that's the characters. And, we are the characters (indicating he and Mrs. Rogers) . But we would like to ask that it be named Wuthering Heights, and it may send some people to their books to determine what we had intended to do with it, but if it's acceptable to the City with that designation, Wuthering Heights. Not very much more that we're going to ask for. I had one conversation with a gentleman. I have written Mr. Nichols a letter, I believe, Lane, you've received it. We're going to leave it pretty much, as I understand, in it's natural state. It will be preserved pretty well. I 'd like to see if heather would grow out there in a little area, and I understand we have some friends from England here today who probably are familiar with Wuthering Heights and heather. But, I was told that heather may grow in this climate, and so, Julie has a few thoughts about a mound up there with heather, but that's all we're going to ask for. We hope to be able to walk through Wuthering Heights and continue to build our romance and make love and all the good things that has been afforded us, and I hope others will join us in that same atmosphere. You wish to say anything? (to Mrs. Rogers) No? (Mr. Rogers kissed Mrs. Rogers ' cheek before leaving the podium. ) MAYOR LORD: Well, Ben and Julie, I think that you know how you've been an inspiration to in so many ways, and I can certainly add to that that being lovers is also an inspiration to many of us. And also, it won't hurt anybody if they could have ever missed Bronte' s novel to do a bit of research! I know I read it every year myself along with Jane Eyre. Those are my two favorite books. And, you can be sure that the gang up here knows about Wuthering Heights and that we will keep this in mind very much as this park is developed for the rest of us lovers! . . .We'll create a little Wuthering Heights right here, and we' ll consult with all heather-growers around. -145- June 26, 1990 COUNCILMAN SMITH• Well, I would just like to thank Julie and Ben for being so wonderful to our city. We're eternally grateful to you for coming forth when we had the problem with the Delaware property. You have settled it in a very nice way. It is a piece of property that the whole city seems to feel that they have ownership, and you have returned it to the public to be used as a park. And, we hope to do you justice when we design the park, and certainly, we'll find a way to do a mound and get heather to grow in there. That's our promise to you, that this will be a reality. We may have a little of bit of trouble in constructing the moors, but we'll do our level best. With Kirt, our Planner, and our Park Board, I 'm sure that we're going to come up with something that you'll be very proud of. And, again, we thank you for being our number one citizens in Beaumont. Thank you so much. MAYOR LORD: Lu, of course, is very closely associated with the Art Museum. That was most appropriately come from her. Now, we may have a little trouble with the wuthering part, but maybe we can get the winds to blow around certain ways. We' ll work on it. . . COUNCILMAN BRUMLEY: Let me take two shots here. One as a thank you, for not only this, but everything else. I sense an opportunity here I might not have over the next few weeks as I finish my service on Council. It been probably a pleasure that very few people will be able to appreciate, but as a Councilmember to be a Councilman in the city where Ben and Julie call home. . .It's quite an experience and a joy and a pleasure, and one of the things I 've enjoyed more than anything else is seeing how much you appreciate and how much you love Beaumont. And, to Ben, I will say thanks for all the help you've given me as a Councilman. You've never told me what the answer was. You've always just told me where to find the answer. And, I think I appreciate that more than anything else. You've been a tremendous help to me as a Councilman. I 'll miss you both very much, and I appreciate very much the impact you've had on my life and my family and the City of Beaumont. Thank you. COUNCILMAN ALTER: Ben's known me probably a lot longer than I remember knowing him just because he's. . .the Rogers have been a part of our family life for a long time, and I hope like Mike and all the Council 's before us that over the future Council 's that you're still going to be here working with us because I know that's one of the things I look forward to. And, I thank you for all the generous acts. This one, another one that was done very recently, and all that you've for the city for many years. It's a great, great tradition to follow. -146- June 26, 1990 COUNCILMAN SAMUEL: Well, I 'd just like to say again, thank you very much, and it is truly an inspiration to see the love that is expressed and shared each day you come down. And, to see it here is truly a blessing. COUNCILMAN MOORE: Well, I just learned something about Ben that I really didn't know. He really doesn't like for you to pat him on the back and tell him how wonderful he is, right Ben? I 'll just say it again, thanks anyway! COUNCILMAN CORINOS: Beaumont needs you and Julie, and I hope you long life, and there's an old Greek saying, "Mazzeltov! " MAYOR LORD: Very Greek! Thank you very much. And, as I said we have three rather pleasant occasions today. And, would Wendell Radford please come forward. If you want to bring your lover with you, you're very welcome to. Today is Lover's Day! And, we know they're lovers because Wendell has just been thoroughly investigated by the F.B.I. and passed. And, we bring before you, of course, Wendell Radford, who is retiring after twenty-two years as our Assistant Municipal Court Judge to assume a new job with a wonderful appointment as United States Federal Magistrate, and we're very, very proud of you, Wendell. And, I think again that it speaks wells, as you put it to us, and it warmed my heart to hear it that the name of Beaumont and the reputation of Beaumont certainly must stand well when one of our own can be raised to this position, and we're very, very proud of you. . . JUDGE WENDELL RADFORD: Thank you. I sincerely appreciate the confidence that this Council and the past Councils have shown in letting me serve this city. And, I 've really enjoyed the experience. As I told you in my letter of resignation, if I had an equal choice, I 'd never leave this city. You've all been kind to me and to my family. I 've enjoyed my experiences, and I hope to promote Beaumont as a Beaumonter in the Federal Courthouse. MAYOR LORD: Thank you, Wendell. Now, Jill are you going to stay with him? MRS. RADFORD• Oh, yes. MAYOR LORD: Very good. Well, we thank you both. Do you want to say anything, Jill? -147- June 26, 1990 MRS. RADFORD• No. (Mrs. Radford kissed Judge Radford before leaving the podium. ) MAYOR LORD: And the third pleasant thing, if I can get myself organized here. I should introduce you all to my lover who happens to be present. Sam Lord, would you stand so they know there really is a Sam Lord! No, no kiss! (blew him a kiss) There you go, Sam. But, we do have with two visitors from England, and this is the third time today--the second and third time today that I 'm going to get to present honorary citizenships to people. This morning I had a Russian gentleman in my office that Aubrey Webb brought over. He's a newspaper editor who is here to help the Beaumont Enterprise with Izvestia (a Russian newspaper) in a joint venture produce a paper here in Beaumont that will be written in Russian, and we were interviewed and had a fine time talking to them. And, now it's my pleasure. . . if Charles and Sylvia Fish from Cheshire, England would please come forward, we would like to make you honorary citizens of the City of Beaumont. Now, if I didn't know you so well--I should tell you these are our personal friends--please come right up here Charles and Sylvia. I know them well enough, and I didn't say this to the gentleman from Russia, but these honorary citizenships, along with $5. 00, will get you a hamburger at any place. (Mayor Lord presented certificates to Mr. and Mrs. Fish) And, don't go away. . .Sylvia, there's one of our Sesquicentennial Plates for you to take back to England, and we hope you will enjoy that as a souvenir of Beaumont. There's a mug for your tea, Charles, and a book that you can read all about our Sesquicentennial. Now, if you would like to turn around and amuse these people who tease me about my accent and say a few words, please feel free. MRS. FISH: I 'm terribly embarrassed, you know. MAYOR LORD: No, they like my accent. It's alright, Sylvia. They'll love yours. MRS. FISH: And, I do too. Now, I don't know what to say. I 'm very embarrassed and overcome by this generosity and this great honor. I never expected this. I 'm so glad my husband is properly dressed for the occasion. MR. FISH• I was told to put a tie on. -148- June 26, 1990 MRS. FISH• I thank you so much. It's a great honor. . . MR. FISH• I am the quiet one in the family as you probably appreciate. But, an interest thing in the first statements that were made here, we're talking about Wuthering Heights. It may interest you know that some sixty-odd years ago I went to work in a Yorkshire textile mill which was situated in a place called Oxford Oak which is one and a half miles from Wuthering Heights. And, I spent--well, nearly two or three years there, and I must say the weather was not top of the world as Wuthering Heights. Wuthering Heights means it's jolly wet, it's very windy, and it's very cold. Thank you very much. -000- Mayor Lord welcomed Boy Scout Troop 134 from a Latter Day Saint's church attending Council as part of a merit badge requirement. The boys (John Reynard, Patrick Polk, David Lucas, David Berry, Robert Reynard, and Michael Lucas) were accompanied by Scoutmaster Mike Sinclair. -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items two through five. No one wished to address these items. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held June 19, 1990; Resolution No. 90-120 appointing Bob Lee, Jr. to the Clean Community Commission for a term expiring September 30, 1990, Dr. Mary Gagne to the Sister City Commission for a term expiring December 31, 1991, and Robert Cummings to the CDBG Citizens Advisory Committee for a term expiring May 31, 1992 ; Resolution No. 90-121 authorizing execution of an Amendment to Storm Sewer Easement to correct a typographical error (should have been Lot 6 in Block 33 rather than Lot 7, Block 33 in the A. Williams League) in the original Storm Sewer Easement dated April 13 , 1964, and recorded in Volume 1385, Page 151, in the Deed Records of Jefferson County, Texas to make the easement agree with the location of the pipe; Resolution No. 90-122 accepting recently completed streets, storm sewers -149- June 26, 1990 and water and sanitary sewer lines in Willow Creek Country Club Estates, Phase I, Section IV, for maintenance (Street and Storm Sewer Improvements: Willow Bend Drive from existing pavement on Willow Bend Drive 1, 007 feet in a southerly direction to a Type III barricade and Prestwick Circle from Willow Bend Drive approximately 1,111 feet in an easterly direction to and including the cul de sac and Water and Sanitary Sewer Improvements: Lots 1 through 17, Block; and an 8" water line between Lot 1, Block 1 and Lot 4, Block 3, along east side of Willow Bend Drive adjacent to the third tee box) ; and Resolution No. 90-123 authorizing execution of a quitclaim deed conveying to the State of Texas the City's interest in an 80-foot-wide roadway easement on Railroad Avenue and Cedar Street to permit its use for construction of the Martin Luther King, Jr. Parkway (Spur 380 Extension) . The Consent Agenda was approved on a motion made by Councilman Samuel and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Mayor Lord announced that an Executive Session will be conducted in accordance with Section 2 (e) of the Texas Open Meetings Act to discuss pending or contemplated litigation and Section 2 (g) to discuss appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee immediately following the Regular Session of City Council. -000- Ordinance No. 90-35 authorizing a Specific Use permit to allow construction of an employee parking lot as accessory parking at 2850 North Tenth Street and modification of the requirements set forth in Section 30-31 b of the Code of Ordinances regarding landscaping requirements by not requiring a ten foot (101 ) wide side lot buffer strip as requested by H. L. Hamilton, president of Hamilton Nursing Home, Inc. located at 2660 Brickyard was considered: ORDINANCE NO. 90-35 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW AN EMPLOYEE PARKING LOT AS ACCESSORY PARKING ON PROPERTY LOCATED AT 2850 N. TENTH, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 90-35 was approved on a motion made by Councilman Cokinos and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- -150- June 26, 1990 An Ordinance authorizing a request by Homebuilder David Royer for abandonment of the interior ten feet (101 ) of a twenty foot (201 ) wide general utility easement located along the exterior sides of the Hidden Valley Estates Addition, with a recommendation of the Planning Commission on a 5-0 vote to deny the request because Gulf States Utilities has a power line in the easement and objects to the abandonment, was considered: AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING THE INTERIOR TEN FEET (101 ) OF A TWENTY FOOT (201 ) WIDE GENERAL UTILITY EASEMENT LOCATED ALONG THE EXTERIOR SIDES OF THE HIDDEN VALLEY ESTATES ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. The ordinance was denied on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 90-124 authorizing purchase of a Link-Belt LS 2800 Series II Excavator with an optional 60-inch bucket for use by the Street and Drainage Division in excavating and cleaning ditches and repairing underground pipe from Con Equipment Co. in the amount of $86,856. 00, less a two percent prompt payment discount, for a net cost of $85, 118.56 was approved on a motion made by Councilman Smith and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- Resolution No. 90-125 accepting the $43, 077. 00 bid of Burts, Inc. for furnishing four (4) distributor arms for the primary trickling filter south at the Sewage Treatment Plant was approved on a motion made by Councilman Moore and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 90-126 authorizing purchase of five (5) additional buses equipped with wheelchair lifts and a particulate trap to comply with new EPA emission standards for the transit system under a negotiated extension of the contract with Transportation Manufacturing Corporation approved on August 9, 1988, in the amount of $196, 000 each or a total of $980, 000, with 80 percent funding from a federal grant and 20 percent from a state grant was approved on a motion made by Councilman Cokinos and seconded by Councilman Alter. Question: Ayes: All Nayes: None -151- June 26, 1990 A public hearing was called to consider the twenty (20) below listed structures found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 1558 Avenue C - Eva Puente Davis, owner (21 violations) , Staff recommendation to raze or repair within 30 days; 1558 Avenue C (rear) - Eva Puente Davis, owner (22 violations) , Staff recommendation to raze within 30 days; 1604 Avenue A - Herman Gipson, III, owner (21 violations) , Staff recommendation to raze or repair within 30 days; 330 E. Virginia (22 violations) , 330 E. Virginia (garage) (8 violations) and 390 E. Virginia (22 violations) - Blanch Warren, owner, Staff recommendation to raze each structure within 30 days; 3930 Octavia - A. M. Phelan, owner (20 violations) , Staff recommendation to raze or repair within 30 days; 1105 Elgie - Christy R. Knowles c/o Bobby Knowles, owner (21 violations) , Staff recommendation to raze or repair within 30 days; 1725 Pennsylvania - Sam I. Pradice, owner (21 violations) , Staff recommendation to raze or repair within 30 days; 1388 Johns - Celia Ross c/o Alice Beirerle, owner (21 violations) , Staff recommendation to raze or repair within 30 days; 1513 Victoria - James Scott Russell, owner (21 violations) , Staff recommendation to raze or repair within 30 days; 2320 McFaddin (rear) - L. R. Woods, owner (15 violations) , Staff recommendation to raze within 30 days; 1094 Cottonwood (garage apartment) - D. F. Sanders, owner (18 violations) , Staff recommendation to raze or repair within 30 days; 3025 Cordova - Mrs. Christine Good, owner (27 violations) , Staff recommendation to raze within 30 days; 3180 Cordova - Lawrence Francois, owner (16 violations) , Staff recommendation to raze within 30 days; 3490 Cleveland (18 violations) and 2295 Leight (27 violations) - Joseph M. Mikesic, Jr. , owner, Staff recommendation to raze both structures within 30 days; 3390 St. Helena (shed) - E. L. Haire, owner (28 violations) , Staff recommendation to raze within 30 days; and 4022 Magnolia and 4026 Magnolia - Mollie Bean, owner (14 violations each structure) , Staff recommendation to raze each structure within 30 days. These parcels of property have been inspected, are vacant, and found to be in violation of Article III, Section 14-50 of the Code of Ordinances. Notices have been sent to owners by certified mail and published in the Beaumont Enterprise. The twenty-six (26) 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 have revealed non-compliance with the Council 's order. The Public Safety Department is requesting authorization from City Council to demolish these structures in accordance with the Dangerous Structure Ordinance and charge the property owners with the cost of demolition. 2915 Astor, 1475 Brockman, 1825 Cottonwood, 1325-35 Doucette, 2735 Crockett, 3230 W. Euclid, 1128 Evalon (shed) , 1138 Evalon (shed)', 1148 Evalon (shed), 1628 Fannin, 376 Frederick (garage), 376 Frederick (rear) , 376 Frederick (shed), 1175 Grand, 2324 Irving, 660 McGovern, -152- June 26, 1990 1520 Madison, 1520 Madison (shed) , 3905 Octavia, 3975 Octavia, 3975 Octavia (garage), 3985 Octavia, 3985 Octavia (garage) , 350 Pollard, 6490 Speer Road, and 690 Wall Street. Mr. Nick Toparcean, Code Enforcement Supervisor, advised Council that correspondence was received by Certified Mail regarding the owner's plan to abate the structure located at 1825 Cottonwood and requested it be removed from Section 4 of the proposed ordinance. There being no one to address Council, the public hearing was closed. Ordinance No. 90-36 declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by their owners was considered: ORDINANCE NO. 90-36 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR REPAIR OR DEMOLITION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Ordinance No. 90-36 was approved on a motion made by Councilman Alter and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Councilman Smith reported she made a visit to Northridge Manor for a Resident Involvement Program meeting and was very impressed with the attendance of the neighborhood and the work of the Police Department. She commended the decrease of disturbance calls from the housing complex and the input of the residents at the meeting. Councilman Moore explained that the Resident Involvement Program began over a year ago meeting with a few tenants in conjunction with the POP program and the Police Department and Housing Authority Management. Statistical reports from the Police Department show response time is better, crime is better in the housing complex, participation and self- governing module of the program is working well. Councilman Moore commended Lt. Ray Beck in promoting the program. Councilman Alter said he did not get to attend the meeting at Northridge Manor, but has attended a meeting at Concord Homes and the same program is reaping similar results. Councilman Samuel reported the Bill Pickett Rodeo was in town this past weekend and he had the privilege to ride as Grand Marshall (without falling off the horse) . Mayor Lord relayed complaints received from residents along Phelan -153- June 26, 1990 Boulevard about the lack of litter pickup and the setback of the mowing system in shredding and tossing the litter about in the mowing process. Mayor Lord also reported she attended the United States Conference of Mayors in Chicago with 225 mayors from all over America. After hearing of problems from all these cities, Beaumont is fortunate, even though we wrestle with some of the same problems, they are not of the magnitude and size other cities have. She said, "the bottom line is that the cities are where people are, and that's where the problems are. " She said that even though there are fewer and fewer suppliers of the money needed and more and more who need the services, the upbeat part of the meeting was the exchange of new ideas and encouragement from each other. Councilman Moore informed Staff that going West on Doucette Street the stop sign located at the corner of Carroll Street is difficult to see because of overgrowth of trees and is creating a potential accident situation. Councilman Smith commented about the immense amount of trash and litter on the median and right-of-way on the Eastex Freeway and the problem of flying debris while the mowers are working. -000- Boy Scout Robert Reynard, 8520 Homer Drive, addressed Council to question a street started but not finished leading to a new school under construction and the need for the street to be completed and a rumor the street has not been completed because of a lack of funds. City Manager Riley told Robert there are sufficient funds to construct the street, and it will be finished this summer according to schedule. Mr. Henry Dannenbaum, 1567 Wall Street, addressed Council to compliment the Boy Scout organization. Mr. Joe Brown, Brown Enterprises, addressed Council to complain about not receiving payment as a sub-contractor for the construction work at the Tyrrell Historical Library. Mr. Brown was advised his contract is with the prime contractor who has a performance and payment bond and he needs to take action with the bonding company. Mayor Lord invited Mr. Brown to make an appointment to meet with her for further discussion. -000- There being no other business and no Work Session scheduled, the meeting was recessed to conduct an Executive Session. -000- I, Rosemarie Chiappetta, City Clerk of the City of Beaumont, Texas, certify that the above is a true copy of the Minutes of the regular City Council session held June 26, 1990. Rosemarie Chiappetta City Clerk -154- June 26, 1990