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HomeMy WebLinkAboutMIN FEB 14 1995 REGULAR SESSION CITY COUNCIL- CITY OF BEAUMONT HELD FEBRUARY 14, 1995 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 14th day of February, 1995, with the following present: HONORABLE: David W. Moore Mayor John K. Davis Mayor Pro Tem Councilman,Ward III Andrew P. Cokinos Councilman-At-Large Becky Ames Councilman-At-Large Guy N. Goodson Councilman,Ward H Calvin Williams Councilman,Ward IV Absent: Lulu L. Smith Councilman,Ward I Ray A. Riley City Manager Lane Nichols City Attorney Barbara Liming Deputy City Clerk -000- The Invocation was given by Dr. James Fuller, Calder Baptist Church. The Pledge of Allegiance was led by Councilman Goodson. -000- Three Proclamations were issued: "School Board Recognition Month," February, 1995; "League of United Latin American Citizens Week," February 12-19, 1995; and "Big Red (Lamar University) Pride Week," February 12-18, 1995. -000- Mayor Pro Tem Davis announced that one more presentation needs to be made and called forward Mrs. Elaine Moore,wife of Mayor David W. Moore. Mrs. Moore presented her husband with a large arrangement of roses and a balloon bouquet in commemoration of Valentine's Day. 39 Citizen comment was invited on the Consent Agenda. No one wished to address these subjects. The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held February 7, 1995; Resolution No. 95-47 authorizing Texas Commerce Bank to release securities for a total par value of $525,314.21 held at Bank One, Dallas, Texas, effective February 14, 1995; Resolution No. 95-48 appointing Elmer Embs as Chairman of the Planning Commission for a term expiring February 13, 1996; Dan Clark as Vice-Chairman of the Community Development Advisory Committee for a term expiring February 13, 1996 and Lori Wascom to the Beaumont Mayor's Committee for People with Disabilities; and reappointing Clifton Guillory to the Parks and Recreation Advisory Committee for a term expiring October 12, 1996; Dan Clark to the Community Development Advisory Committee and Bobbie Patterson to the Martin Luther King,Jr.Parkway Commission for terms expiring January 4, 1997; Resolution No.95-49 authorizing a lease agreement with WilTel, Inc. for placement of fiber optic cable for long distance service in the amount of$2,500 for application and inspection fees, with an annual fee of$1.20 per linear foot per year for an approximate annual yield of$1,750; Resolution No. 95-50 authorizing payment in the amount of $6,617.06 to Mrs. Emily Clara Pankey, displaced due to improvements to West Lucas Drive from Phelan Boulevard to Delaware Street; and Resolution No. 95-51 authorizing payment in the amount of$32,000 to Lamar Advertising Company, displaced due to improvements to the Liberty-Laurel Corridor from Eleventh Street to Phelan Boulevard. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tern Davis. Question: Ayes: All Nayes: None -000- Citizen comment was invited on Main Agenda Items 2 and 4 through 7. Mr. Robert Lynn DeMary, 430 East Elgie, addressed Council to express appreciation for Council attention, he said, in response to last week's workshop session and the presentation made at the Charlton-Pollard Neighborhood Association meeting, to Agenda Items 3 and 5. -000- Ordinance No. 95-10 abandoning a 40' wide utility easement, being the former Los Angeles Avenue 40 right-of-way, between Walden Road and I-10 South at the request of Pappas Restaurant, Inc. to construct a restaurant was considered: ORDINANCE NO. 95-10 ENTITLED AN ORDINANCE ABANDONING A 40 FOOT WIDE GENERAL UTILITY EASEMENT BEING THE FORMER LOS ANGELES AVENUE RIGHT-OF-WAY BETWEEN WALDEN ROAD AND IH-10 SOUTH IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No.95-10 was approved on a motion made by Councilman Cokinos and seconded by Councilman Ames. Question: Ayes: All Nayes: None -000- Ordinance No. 95-11 to amend Section 26-24 of the Code of Ordinances to extend the school zone time limit in the vicinity of Marshall Middle School was considered: ORDINANCE NO. 95-11 ENTITLED AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO EXTEND THE TIME LIMITS IN SCHOOL ZONES IN SCHEDULE B AND SCHEDULE C; PROVIDING FOR SEVERABILITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 95-11 was approved on a motion made by Mayor Pro Tem Davis and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Ordinance No. 95-12 declaring that there is an accumulation of unsightly trash, debris, wreckage and other unwholesome materials on city lots described as right of 1360 Lincoln, Lot 2, Block, Clay Morris Addition; 1360 Lincoln, Lots 3 and 4, Block 1, Clay Morris Addition; left of 1360 Lincoln, Lot 5, Block 1, Clay Morris Addition; and 2nd left of 1360 Lincoln, Lot 6, Block 1, Clay Morris Addition and ordering the property to be cleaned within ten(10) days of notice and authorizing the City to clean the property if the owner or occupant fails to comply was introduced. 41 ORDINANCE NO. 95-12 ENTITLED AN ORDINANCE FINDING AN ACCUMULATION OF UNSIGHTLY TRASH, DEBRIS, WRECKAGE, WEEDS, RUBBISH, BRUSH AND OTHER OBJECTIONABLE AND UNSIGHTLY OR UNSANITARY MATTER ON PROPERTY OCCUPIED OR OWNED BY CHARLES BENNETT;ORDERING MR.BENNETT TO CLEAN THE LOT; AUTHORIZING THE CITY TO CLEAN THE LOT OF MR. BENNETT IF HE DOES NOT COMPLY WITH THIS ORDER; AND AUTHORIZING UNPAID COSTS TO BE ATTACHED AS A LIEN ON THE REAL PROPERTY; AND PROVIDING FOR SEVERABILITY. Mr. Riley explained that Mr. Charles Bennett, occupant and/or owner of subject properties, has allowed the property to become littered with junk motor vehicles, appliance carcasses, scrap metal and other unsightly debris, and the City began issuing notices of various health and sanitary code violations to Mr. Bennett as far back as 1992 for a total of fifty-one (5 1) notices. Charges on thirty-eight(3 8) of the violations were filed in Municipal Court with eight(8) of the violations brought into compliance and fourteen(14)junk motor vehicles abated by the City under court order. A jury trial held in Municipal Court on November 29, 1994 for thirty (30) violations found Mr. Bennett guilty of thirteen(13) of the charges presented, which included a zoning violation of operating a commercial business in a residential zone. Mr. Riley said the property remains in violation of numerous environmental codes, as well as a zoning violation, and video pictures were shown of the property. A public hearing was opened to consider an ordinance declaring 1360 Lincoln to be a public nuisance and ordering abatement. Mr. Charlie Bennett, Jr., 1360 Lincoln, addressed Council in opposition to passage of the ordinance. Mr. Bennett said he was born and raised at this residence and has been engaged in recycling used materials since the age of five years and feels he should be grandfathered by any ordinance. Mr. Bennett exhibited various pictures of the property in question, stated that if he had not had to spend so much time in court, he would have more time to clear the property and complained that City Staff disarranged the materials with dozers (on city right-of-way). Council questioned Mr. Bennett about the long delay in cleaning the property and awareness of zoning regulations. There being no one else desiring to speak, the public hearing was closed. Ordinance No. 95-12 was approved on a motion made by Councilman Ames and seconded by Mayor Pro Tem Davis. Question: Ayes: All Nayes: None 42 Resolution No. 95-52 authorizing a seven-year (7) Industrial District Contract with Goodyear Tire & Rubber Co. for the period 1995 through 2001, with openers in the fifth (5th) year, a first payment of $625,000, payments 2 through 7 varying with the tax rate and a floor level of$625,000, due on or before April 1 of each year was approved on a motion made by Councilman Cokinos and seconded by Councilman Williams. Question: Ayes: All Nayes: None -000- Resolution No. 95-53 amending Community Development Block Grant program funds in the amount of $385,000 to fund a "Housing Acquisition - Charlton Pollard" activity category with reallocation of $325,000 from the 1994 CDBG Program Housing New Construction; $16,000 from the 1994 CDBG Program Public Facilities and Improvements; and $44,000 from the 1992 CDBG Program Public Facilities and Improvements was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Davis. Question: Ayes: All Nayes: None -000- Resolution No. 95-54 authorizing Change Order No. 2 (installation of graffiti control on all face brick and concrete columns--$3,932;installation of a closed circuit T.V. system--$24,820; additional closed circuit T.V. camera--$550; guards to protect air conditioning/heating system--$3,077) in the amount of$32,379 to the contract with Daniel's Building and Construction, Inc. for construction of the Magnolia Park Activity Center for a revised contract total of$2,302,368 was approved on a motion made by Councilman Ames and seconded by Mayor Pro Tem Davis. Question: Ayes: All Nayes: None -000- Resolution No. 95-55 authorizing an annual contract with SF Consulting for approximately fifteen(15) personal computers and computer related hardware: 486 DX 500 MB 66 MHA with SVGA Color Monitor, $2,308;with options--Dual Speed 16 BIT CD ROM with Controller Card, $159; and Hayes Compatible 14.4 Fax Modem, $99, to be used by various City departments for an estimated total expenditure of$38,490 was approved on a motion made by Councilman Goodson and seconded by Mayor Pro Tem Davis, after Mr. Riley reported that the computers were built to specification for the City, therefore, bearing no brand name, but considered to be a generic brand and IBM compatible, in response to Council query last week. Question: Ayes: All Nayes: None -000- Councilman Ames said she was pleased with the Charlton-Pollard Neighborhood Association meeting held last week, looks forward to working toward the revitalization of that area, expressed appreciation Steve 43 Richardson and the Planning Department for a good presentation, said this is an exciting time for our whole city and said the neighborhood is behind the project and know that Council has made a concerted effort to join in revitalization of their neighborhood. Mayor Pro Tem Davis questioned the opening of the Magnolia Activity Park and advised that the park would be opened in May. Councilman Williams said he attended the Pear Orchard Neighborhood Association meeting last Thursday, commended Council for formation of these group, said this meeting was a perfect blend of a neighborhood coming together with Community Policing to solve a common problem and complimented Captain Crutchfield and those working with him to explain a problem that was reported to him. He said he was pleased that the Police acted very firmly, very persistently, but very fairly with no compromise in such a fashion that the targeted individuals as a result of names and license plate numbers received from Association members appreciated that the Police Department was doing their job and met them halfway. They even attended this meeting and indicated the Police has captured their attention, and the young men were there to help solve the problem instead of creating a problem. Councilman Williams said he was extremely pleased because he feel the community has to buy into a plan for it to be successful. Mayor Moore added his appreciation to Council for their efforts in the success of the Neighborhood Associations, said it is difficult for him to attend all the meetings, but enjoys the vigor and vitality he witnesses at those he does attend and is looking forward to further growth and success in this process. He said the week was very busy,thanked Council for their hard work, thanked Mayor Pro Tem Davis, Councilmembers Davis, Cokinos, and Williams, the City Manager and Staff for an excellent and productive meeting at Blessed Sacrament Church for the Neighborhood Association. Mayor Moore expressed his personal sense of loss to the community in the death of Coach Clifton Ozan yesterday, asked that Coach Ozan's family be kept in everyone's prayers and reported that Councilman Smith is absent from Council today due to the death of her sister and expressed condolences to Councilman Smith and her family for this loss. Councilman Cokinos complimented a well attended Service Award Banquet held last Friday evening for City employees. Mayor Moore added compliments for the Service Award Banquet and said he was glad to be part of it. -000- Mr. Bill Childs, 855 Ascot, addressed Council to state that he has been working with Delores Davis for nearly a year at the Youth Rescue Mission for homeless children, said he has their request for Community Development Block Grant funding and the McKinney Grant funds, invited Council to visit the mission, thanked Mayor Moore for his help, and related a situation of a young man sleeping in an abandoned garage. Mr. Tony Jones, 508 Garland, extended Valentine's Day greeting to Council, thanked Council for remembering Henry Dannenbaum and suggested that a fitting memorial to Henry might be naming the transfer point the 44 Henry Dannenbaum Transfer Center, discussed bus vandalism and said the destruction is not taken seriously by the Police Department because they do not always respond to the vandalism calls and said when the vandals are caught they are not charged. Mr. Charles Bennett, 1360 Lincoln, again addressed Council to state that in the '50's there was a salvage yard on Schwarner about four (4) blocks from his home. -000- There being no other business, the regular session of City Council was recessed to reconvene in workshop session. -000- I,Barbara Liming,Deputy 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 February 14, 1995. Barbara Liming Deputy City Clerk 45