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HomeMy WebLinkAboutMIN APR 26 1994 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD APRIL 26, 1994 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 26th day of April, 1994, with the following present: HONORABLE: Evelyn M. Lord Mayor Guy N. Goodson Mayor Pro Tem Councilman, Ward II Andrew P. Cokinos Councilman At Large Brian R. Alter Councilman At Large Lulu L. Smith Councilman, Ward I John K. Davis 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 the Reverend G. W. Daniels, Sunlight Baptist Church, and Mayor Lord requested that we observe a moment of silent prayer for former President Richard Nixon who died Saturday, April 23, 1994. The Pledge of Allegiance was led by Councilman Alter. -000- Three Proclamations were issued at this time: "National Dance Week, " April 25-May 1, 1994; Recipients of the Rotary Club's 1994 "Service Above Self" awards given to High School Juniors who have devoted themselves to helping people were acknowledged: Tiffany Anne Frederick, Monsignor Kelly High School; Therry Rene' Simien, Monsignor Kelly High School; Catherine Chantal James, Central Senior High School; Veronica Rice, Central Senior High School; Keely C. Windham, West Brook High School; and Rachel Beth Smith, West Brook High School; and "Crime Victims' Rights Week, " April 24-30, 1994 . (Councilmembers Davis and Moore briefly left the Chambers after the reading and during acceptance of the first proclamation at 1:44 p.m. and returned before presentation of the second proclamation at 1:46 p.m. ) -96- April 26, 1994 Mr. Mark Goad, Assistant Director of Public Utilities, in appreciation for Council 's interest and assistance in development of the Cattail Marsh artificial wetlands located east of Tyrrell Park that was constructed to further purify the city's treated waste water, presented them with T-shirts designed by Engineering Assistant Ronnie Lee. He said this limited edition T-shirt depicting a circular sunset scene landscape with greenery, cattails and animal life natural to this environment was worn by members of their department who participated in Earth Day activities at Parkdale Mall Saturday. In accepting the T- shirt, Mayor Lord complimented work of the Public Utilities Department and Mr. Lee's artistic ability. -000- Mayor Lord announced that an Executive Session will be conducted in accordance with Section 551. 071 of the Government Code to discuss contemplated or pending litigation: Kevin White vs. City of Beaumont and Frank Taylor vs. City of Beaumont following the regular City Council meeting. -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 1, 4, 5, and 6. No one wished to address these subjects. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held April 19, 1994; Resolution No. 94-95 appointing Dawn Smyth (filling unexpired term of Sharon McClelland) to the Mayor's Committee for the Employment of People with Disabilities for a term expiring June 30, 1994; Dr. Richard LeBlanc (filling unexpired term of Jeannie Mitchell) to the Convention and Tourism Advisory Committee for a term expiring July 26, 1995; Darryl Hackemack (filling unexpired term of David McCauley) to the Animal Advisory Committee for a term expiring November 15, 1994 ; the Reverend Nathaniel McGinnis (filling unexpired term of the Reverend Larry Hawthorne) to the Senior Citizens Advisory Committee for a term expiring September 21, 1994 ; and reappointing Dr. Mary Gagne to the Sister City Commission for a term expiring April 25, 1996; Resolution No. 94-96 authorizing a fixed payment in the amount of $20, 000. 00 to Janice and Michael Meyers, co-directors of Partners Resource Network, Inc. , for relocation assistance in the Liberty-Laurel, Phase III Project as provided under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended; -97- April 26, 1994 Resolution No. 94-97 authorizing execution of a pipeline license agreement with Citgo Pipeline Company to install 232 ' of 10" liquified petroleum gas pipeline across Bunn's Canal, East of the Neches River; and Resolution No. 94-98 authorizing purchase of 20 mobile radios from DBS Electronics in the amount of $13,477. 60 ($673 .88 each) and 25 portable radios from Neches Communication in the amount of $16,875. 00 ($675 each) for use by the Police Department. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- The first reading of an ordinance to approve the annexation of 2, 183.5 acres of land (3 .412 square miles) along the Hillebrandt Bayou in the C. Hillebrandt League, commonly referred to as "Cattail Marsh, " was held. ORDINANCE NO. ENTITLED AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE THE SAID PROPERTY WITHIN THE CITY LIMITS, AND GRANTING THE SAID TERRITORY AND TO ALL INHABITANTS THEREOF ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS; AND BINDING SAID INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID CITY. The ordinance was passed to its second and final reading (May 24, 1994) on a motion made by Councilman Alter and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- ordinance No. 94-21 authorizing a zone change from RS (Residential Single-Family Dwelling) to HC-L (Historic-Cultural Landmark) overlay for property within the Oaks Historic District on approximately 0.24 acres in the Averill Addition at 2380 Gladys at the request of owners, Roy and Sue Philp, who plan to repair, restore and renovate the "Victorian Texas" style structure, circa 1900 was considered: -98- April 26, 1994 ORDINANCE NO. 94-21 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY ADDING LOT 18 AND THE EAST ONE HALF OF LOT 17, BLOCK 13 , AVERILL ADDITION TO THE CITY OF BEAUMONT AS AN HISTORIC - CULTURAL LANDMARK PRESERVATION DESIGNATION (HC - L) ; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 94-21 was approved on a motion made by Councilman Cokinos and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Ordinance No. 94-22 amending the Specific Use Permit originally approved by Ordinance No. 83-19 to allow an expansion of the Gulf States Utilities Company Employee Training Center at 4950 Plant Road for the addition of two employee classrooms and an office building, totaling 11, 220 square feet, and a 72 space parking lot was considered: ORDINANCE NO. 94-22 ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW EXPANSION OF THE GULF STATES UTILITIES COMPANY EMPLOYEE TRAINING CENTER AT 4950 PLANT ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 94-22 was approved on a motion made by Councilman Smith and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- Resolution No. 94-99 authorizing a contract with the Metropolitan YMCA, 934 Calder, to provide financial assistance in the amount of $350,000. 00 from Community Development Block Grant funds to renovate the facility in order to provide a Senior Housing Facility with forty (40) units for low to moderate income citizens was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Goodson. Question: Ayes: Mayor Lord Nayes: None Mayor Pro Tem Goodson Councilman Cokinos Councilman Alter Councilman Smith Councilman Davis Abstained: Councilman Moore -99- April 26, 1994 Resolution No. 94-100 authorizing purchase of one (1) Etnyre Model S- 2000 distributor mounted on a Ford F800 truck for the Public Works Department from R. B. Everett and Company was approved on a motion made by Councilman Alter and seconded by Mayor Pro Tem Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 94-101 authorizing restructuring Municipal Court to allow for part-time staffing due to the decrease in the last five (5) years in the total volume of cases filed in Municipal Court, the change to arraignment of prisoners at the new Jefferson County Jail resulting in significant transportation and logistical problems for the Court, and expectation that restructuring will provide greater efficiency for less cost was considered. Councilman Moore expressed concern with actual savings by restructuring the Court, service and/or inconvenience to citizens and operation of the Court with part-time magistrates. Councilman Moore said he is looking for efficiency, but wants an opportunity for change and not locked into a decision. Councilman Davis asked why the Chief Magistrate position was changed to full-time in 1990 since he was not serving on Council at that time and not privy to full background information, said he fully supports saving money, but cannot support restructuring and reversing the full-time magistrate position without proof of exact savings that will result from the change and will abstain from voting on this issue until exact figures from restructuring can be provided to him. In answer to some of the questions, Mr. Riley said that in 1990 the Chief Magistrate served Municipal Court on a daily basis along with a private practice, but did not receive enough compensation from Municipal Court to supplement a dual profession and consideration was given a full- time Magistrate based on the case load at that time with an active Selective Traffic Enforcement Program (STEP) in place by the Police Department, said that restructuring the Court would add flexibility to conduct the same number of sessions at a reduced cost or allow more sessions to be held at the same cost, and there could be scheduling for morning, afternoon and evening sessions to better serve the community. Other questions included Councilman Alter confirming a continuous decrease in total cases filed from a high of over 60, 000 to 40, 615 in 1993 and Mayor Pro Tem Goodson commenting that the backup information provided Council indicates the amount of cases filed this year is down by about 25% from last year, the lowest number of cases filed in about ten years, and Mayor Pro Tem Goodson also stated he appreciates the increased interest in working with youth and juvenile matters and expressed a desire that Teen Court be expanded to evening hours. -100- April 26, 1994 Councilman Smith said restructuring needs to be addressed, but the important factor is the flexibility that could be gained with a half- time and two quarter-time positions, particularly with the two quarter- time positions creating flexibility that would not necessarily lock them into the same days of the week. She said better coverage could be gained and more sessions for the Court for the same amount of money being spent now. She said a complete plan does not need to be in place now, that the County had deemed that arraignment will be in Mid-County and we must comply, and we need to restructure according to these and other needs. Mayor Pro Tem Goodson said he appreciates other Councilmembers' concerns, but the 90-day State law requirement for reappointment of the Chief Magistrate puts Council in a position of making an immediate decision. However, he said Council can join together in a common consensus to restructuring and reiterated his feelings about the arraignment procedures, juvenile problems and a Teen Court program that needs to be factored into a decision. He said passing this resolution does not bind restructuring changes and meets the State law edict. Councilman Cokinos said he is concerned with this Council making changes before the May 7th election and not giving a complete new Council that privilege, and was advised by Legal Counsel that the State time limit prevails, and Council cannot delay action. Other comments included Councilman Alter's observation that Council has some divergent views that span the plan proposed by Staff to give more opportunity of Court flexibility, more sessions, more time dealing with juvenile offenders and parents, opportunity to cut court costs if case load decreases, and said Council is ham-strung by the 90-day State law and needs to make a decision to provide the next Council the opportunity of restructuring, if they choose. He said if the 90-day limit is not observed, not only this Council will be ham-strung, but potentially the next. Resolution No. 94-101 was approved on a motion made by Councilman Smith and seconded by Mayor Pro Tem Goodson. Question: Ayes: Mayor Lord Nayes: None Mayor Pro Tem Goodson Councilman Cokinos Councilman Alter Councilman Smith Councilman Moore Abstained: Councilman Davis -000- (Councilman Cokinos left the Chambers at 2 :40 p.m. ) -101- April 26, 1994 A fourth Proclamation was issued: "Communities in Schools Partner Recognition Day, " May 2, 1994 (organized to assist the school system in keeping students in school through direct involvement with the student and his or her family) . (Councilman Cokinos returned to the Council Chambers at 2 :44 p.m. ) -000- (Councilman Alter briefly left the Council Chambers at 2:47 p.m. and returned at 2:48 p.m. ) A Public Hearing was called to consider the seventeen (17) below listed dilapidated structures found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50; 5530 Crestland Loop - Bonnie M. Punch, owner (19 violations) ; 2360 Brooklyn - Bobby M. Doyle and James White, owners (23 violations) ; 2390 Pecan - Edna Marie Baptiste, owner (22 violations) ; 1945 Turon - Ethel Steinman Dickson c/o W. S. Dickson, owner (24 violations) ; 3645 Scranton - Robert Boyd, owner (21 violations) ; 3915 Scranton (22 violations) and 3915 Scranton (garage) (7 violations) - Vera Smith, owner of both structures; 2024 ulane - Amy Sanders, owner (21 violations) ; 2109 Renaud - Jefferson County Sheriff's Sale, owner (25 violations) ; 2020 Dexter - Dickson Inv. Co. c/o Wm. S. Dickson, owner (25 violations) ; 970 Lincoln - Alberta Parker c/o Nancy Malbrough, owner (20 violations) ; 3550 Usan - Members Only Charitable, owner (24 violations) ; 3534 W. Euclid - Elvis Ann Brown, owner (22 violations; 2755 Amarillo - Kyle Rumery, owner (23 violations) ; 1330 Louisiana - Flora Jackson c/o Mollie Bean, owner (22 violations) ; 951 Magnolia (24 violations) and 961 Magnolia (23 violations) - John Santangelo Estate, owner of both structures; Staff recommendation to raise all nineteen (19) within 30 days. The above-listed parcels of property have been inspected, are vacant and have been 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 ten (10) 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 Community Development Division of the Administrative Service Department 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 demolition: 897 Arabella, 3495 Grand, 3165 Highland, 3775 Houston, 4301 Ironton, 3427 Magnolia, 740 Prairie (Apartments), 2112 Rusk, 2693 Sabine Pass -102- April 26, 1994 Avenue and 1091 Willow. There being no one to address Council, the Public Hearing was closed. Ordinance No. 94-23 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 was considered: ORDINANCE NO. 94-23 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. Ordinance No. 94-23 was approved on a motion made by Councilman Smith and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Councilman Smith reminded everyone of the "Shots Across Texas" immunization effort launched April 25th and urged anyone not already immunized to go to Parkdale Mall, the Wal-Mart Store or the Health Department and said there has already been a good response and anticipate a very good turnout for this week. Mayor Pro Tem Goodson announced that an Amelia Neighborhood Association meeting will be held May 2nd at 6: 00 p.m. at the Forest Park United Methodist Church where the Traffic Department and Public Works personnel will be present to address questions. Councilman Cokinos told members of the audience that they have seen "democracy at its best today" in making a decision on Agenda Item 6, and he is proud to be on Council. Councilman Alter thanked Tom Warner, Kirby Richards and Lane Nichols for helping with a complaint from Mrs. Schieketha Eaglin (3220 Christopher) about GFS Digicon's seismographic testing in the northend of Beaumont. He reported that he and Councilman Davis and Staff were in that area about three hours trying to experience the problem they are having in that neighborhood. He also congratulated Jack-in-the Box for their recent ribbon cuttings. They are in an expanding mode with four new locations in Jefferson County, three in Beaumont, and each store will employee 45 people. Century 21 also had a ribbon cutting which will result in seven additional jobs. Added congratulations went to Delta Sigma Theta for conducting an excellent election forum for Council and School Board candidates and said the audience interest was so good, the -103- April 26, 1994 forum lasted over three hours. Lastly, he congratulated the Neches River Festival for providing the City with a great week of activities. Councilman Davis joined Councilman Alter in thanking Staff for assisting with the northend seismographic problems, particularly thanked Assistant City Manager Sterling Pruitt for his leadership and guidance. However, Councilman Davis said that we need always be alert to answering complaints in a timely fashion in order to eliminate bigger problems. He said it is important to him to make Ward III a better place, thereby, making Beaumont a better place, and one of the ways to do that is to address concerns of citizens timely. Councilman Davis asked Public Works Director Tom Warner about possible property damage caused by Digicon that might need to be addressed and the possibility of someone from Digicon attending a neighborhood association to speak to this issue. Mr. Warner said he talked to Digicon-GFS this morning, and they indicated they will have five (5) representatives at the neighborhood meeting tomorrow night and will assist citizens who wish to file claims. Two of their safety people will address the Association if necessary and the people who have been conducting the testing will also be at the meeting. Councilman Moore commented on the busy schedule of Council recently, added his compliments to the Delta Sigma Theta forum, said Kelly High School had a good three-hour program Monday morning speaking with youth, said the luncheon today with the "Service Above Self" youth recipients was especially good and afforded Council an opportunity to also meet their parents. He told Tom Warner that it is good to see the progress that has been made on Poplar Street, said he was unable to attend the seismographic meeting because he was in a two and one-half hour meeting with South Park residents discussing their concerns that will be brought to Council in the future, expressed his desire that citizen concerns receive responsive consideration, said he is concerned about HUD and the rehab program and the CAC's decision, specifically with senior citizens who need repairs on their homes and are unable to even pay for minor repairs. He said he is extremely concerned with their plight and questioned if this decision will come back to Council. The City Manager said that if a request for a rehab loan were to be disqualified, it would come back to Council. He said this particular house is in a high value neighborhood and has a high value. HUD responded that this house did fall into City guidelines, and it was taken back to the CDAC. If a recommendation is made by the CDAC, it will come back to Council for action. Otherwise, he said the house at this point is still eligible under current terms and guidelines for rehabilitation. Councilman Moore said he has been informed the CDAC did take action not to approve the rehabilitation. The City Manager told Councilman Moore that the item would still have to -104- April 26, 1994 come before Council to change guidelines, and the entire issue would be presented at a Workshop. Mayor Lord said that a press release will be forthcoming announcing that many of the Neighborhood Associations met and became federated. They adopted by-laws and will move forward helping one another. She said charter membership will be held open until June 15, 1994 to allow others to enter. Then on June 24th, they will meet and elect interim officers. -000- (Councilman Alter briefly left the Council Chambers at 3 : 05 p.m. and returned at 3 :06 p.m. ) Mr. Charles Ray Alford, Sr. , 999 1/2 Center Street, addressed Council to thank Mayor Lord for a previous reference that gave him assistance with housing, and expressed his regret that Mayor Lord decided not to run for reelection. Ms. Irmalyn Thomas, 2235 Lela, (a Communications Workers of America labor council member) addressed Council to complain about action taken on Agenda Item No. 6 restructuring Municipal Court. She disagreed with cutting a position to be cost effective, and said it did not send the right message to create jobs. Mr. Tobe Duhon, 2545 Amarillo, addressed Council to question passage of a recent resolution endorsing the Beaumont Independent School District's bond issue on the May 7, 1994 election that will increase taxes. Ms. Sandra Miller, 5005 Ada, addressed Council to request that when the Community Development Block Grant budget is developed, that funding consideration be given to Samuel 's House, a residence being established for the mentally impaired, homeless citizens. Ms. Miller said her parents, the Reverend and Mrs. Hall, have purchased a structure and spent most of their money for this non-profit effort and are now in need of outside assistance and solicited an opportunity to be considered for CDBG funding. Mr. Henry Dannenbaum, 2880 Grand, addressed Council in support of Samuel 's House and assisting the homeless. Mr. Jerry Whittington, 2164 Cable, addressed Council to express appreciation for assistance with the seismographic testing in the northend of Beaumont and requested results in a timely fashion, questioned restructuring the Court Magistrate position to a part-time position, complimented Judge Cooper as a judge, said one of the biggest deterrents to crime is light, and lights are needed at Caldwell Street near Babe Zaharias Park, said Caldwell to Magnolia is in bad repair and needs paving attention. -105- April 26, 1994 There being no further business, the regular session of City Council 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 April 26, 1994. Rosemarie Chiappetta City Clerk -106- April 26, 1994