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HomeMy WebLinkAboutMIN JUN 15 1999 M I N U T E S - CITY OF BEAUMONT Lulu L.Smith DAVID W. MOORE, MAYOR John K. Davis, Mayor Pro Tem Guy N.Goodson CITY COUNCIL MEETING Andrew P.Cokinos Bobbie J. Patterson JUNE 15, 1999 Becky Ames Lane Nichols, City Attorney Kyle Hayes,Interim City Manager Barbara Liming, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on June 15, 1999, 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 1:35 p.m. Father Francis Burlton, Assumption Catholic Church, gave the invocation. Mayor Moore led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson. Also, present were: Kyle Hayes, Interim City Manager; Tyrone Cooper, Assistant City Attorney; Barbara Liming, City Clerk; and Rebecca A. Hoge, Deputy City Clerk. *Presentations and Recognitions Mayor Moore acknowledged the attendance of Stacy Lewis, Program Coordinator for the Sterling Pruitt Center. Mr. Lewis announced that nine summer camp students, ages 6 - 13 and two Green Team members are observing the Council meeting today. Three proclamations were issued: "Home Ownership Week," June 5-12, 1999; "Retired and Senior Volunteer Program Day," June 24, 1999; and a proclamation declaring "Gerald Loeb, Cal Weaver, Lloyd Jones and Willie Knighton" as living legends for their contribution to Black music on K-Jet Radio station. Mr. James Boykin spokesperson for the Drug Free Commission presented a plaque to Mr. Gene Landry who has served the Drug Free Commission for the past nine years since its inception, and for his commitment to service and the community. Mayor Moore presented Community Development Grant Administrator Johnny Beatty an award received this past weekend by the National Community Development Association in Washington, D.C., for the City of Beaumont's continuing efforts in promoting the achievements of the Community Development Block Grant Program. *Public Comment: Persons may speak on scheduled agenda items Citizen comment was invited on the Consent and Regular agenda Items. No one wished to address these subjects. *Consent Agenda * Approval of the minutes of the regular meeting held June 1, 1999 * Confirmation of committee appointments - No committee appointments were made A) Approve a change order to the contract for the exterior wall replacement at the North Aircraft Hanger at the Beaumont Municipal Airport (in the amount of$3,300 to the contract with Ram Steel Constructors, Inc.) - Resolution No. 99-176 B) Authorize the Water Utilities Director to sign wastewater discharge permit applications and monthly operating reports to the Texas Natural Resource Conservation Commission - Resolution No. 99-177 C) Accept water and sanitary sewer improvements constructed in Windsor Gardens, Section Three for City maintenance - Resolution No. 99-178 D) Approve a License to Encroach Agreement (with Benito Ordonez for encroachment of 3.20 feet for a distance of 59.80 feet into the Buchanan Street sixty-foot right-of-way adjacent to Block Three, Pine Cove Addition, at 4180 Bethlehem Street for one time fee of $500) - Resolution No. 99-179 E) Authorize the acquisition of properties for the Neighborhood Revitalization Project (Tract 2, Plat B-12 of the J. W. Bullock Survey, southeast comer of Garden and Hebert Streets, 2525, 2545, 2565, and 2585 Hebert Street and 3945 Garden Street, in the amount of$14,000.00 from Lula Langham Potter, et al) - Resolution No. 99-180 F) Authorize acquisition of properties for the Concord road Improvement Project (Parcel No. 112, 0.041 acre out of James Drake Survey, 1049 Delaware Street in the amount of $6,160.00 from Rube Ozment; and Parcel No. 113, 0.027 acre out of James Drake Survey, 1035 Delaware Street, in the amount of$2,950.00 from Rube Ozment) - Resolution No. 99-181 G) Authorize the filing of lawsuits (against Eugene Sam, Jr. dba Tillman's Bar-B-Q on a delinquent Small Business Revolving Loan) - Resolution No. 99-182; and (Michael L. Rogers v Robert Jerald Cox in Jefferson County Court at Law#1) - Resolution No. 99-183 Councilmember Smith moved to approve the Consent Agenda. Mayor Pro Tem Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None Minutes;June 15,1999;Page 2 GENERAL BUSINESS 1. Consider a one-year agreement with Lamar University's Center for Industrial Fire and Hazardous Materials Training for use of the equipment and facilities at the City of Beaumont Fire/Rescue Training Center Councilmember Cokinos moved to approve Resolution No. 99-184 authorizing a one-year agreement from September 1, 1999 through August 31, 2000 with Lamar University Center for Industrial Fire and Hazardous Materials Training for the use of the equipment and facilities at the City of Beaumont Fire/Rescue Training Center with a monthly lease rate of $20,000. Councilmember Patterson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None 2. Consider allocating Community Development Block Grant funds to the Charlton-Pollard Neighborhood Association Mayor Pro Tem Davis moved to approve Resolution No. 99-185 authorizing the allocation in the amount of $50,000 for the Charlton-Pollard Neighborhood Association Summer Project Upward Bound. Councilmember Patterson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None 3. Consider the purchase of a 4,000 gallon emulsion storage tank to be installed at the Streets and Drainage Division complex located at 2610 Concord Road Councilmember Cokinos moved to approve Resolution No. 99-186 authorizing the purchase of a 4,000 gallon emulsion storage tank in the amount of $21,830 from Zimmerman Equipment Company of Abilene, Texas. Mayor Pro Tem Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None OTHER BUSINESS *Discuss the allocation of Section 108 funds for the Melton YMCA Project and the proposed Southend Branch Library related to the public notice for public hearings Minutes;June 15,1999;Page 3 Interim City Manager Hayes gave a brief history of Section 108 funds. He stated that Section 108 is a loan guarantee provision of the Community Development Block Grant Program whereby municipalities can borrow or receive a one time line of credit up to five times their annual CDBG allocations. Last year the City's allocation was $2.2 million which gave us a one time line of credit up to $11 million. He stated of the $11 million, $8.175 million has been committed ($3 million for the Crocket Street Project, $3.175 million for Hotel Beaumont, and $2 million for the Jefferson Theatre Project), with a remainder of uncommitted funds in the amount of $2.825 million. Mr. Hayes indicated that in March, 1999, the L. L. Melton YMCA requested funding in the amount of$2.23 million. At the same meeting City staff made a request to use Section 108 funds for a proposed southend branch library with an estimated cost of $1.625 million. Mr. Hayes said the City proposed to buy land at the corner of Fannett and Sarah. Council had appropriated $125,000 in the 1999 Community Development Block Grant budget for land acquisition which would leave $1.5 million to be funded for the proposed southend branch library. Mr. Hayes indicated that Council needs to set approximate allocations for the L. L. Melton YMCA and the proposed southend branch library in order to advertise and proceed with a public hearing. Councilmember Patterson indicated significant improvements have been made in Beaumont since the passage of the Housing and Community Development Act of 1974. She reflected on the worthiness of the L. L. Melton YMCA and southend branch library projects. She commented on the importance and the effect the L. L. Melton YMCA has had on our children and community. She stated although the L. L. Melton YMCA only had 63 memberships, thousands both adults and youth have used this facility and its many programs. She indicated all the services offered at the Melton YMCA could not be funded by membership alone, but needed funding from organizations and outside sources. She stated the Melton YMCA's location was close to low to moderate income apartments, schools, churches, and a host of residential neighborhoods which would make it a prime choice for a quality community facility. Councilmember Patterson said the L. L. Melton YMCA is not a city owned property and she has given this much thought over the past two weeks. She stated that CDBG funds are to be used in addition to and in assistance to, not in lieu of regular city funds for facilities and projects. Councilmember Patterson stated that a southend branch library would be owned by the City and also deserving of funds from the general budget. She requested that Council fully fund both projects and allocate $2.23 million for the L. L. Melton YMCA, fund the proposed library with the remaining CDBG funds and from the General Fund. Councilmember Smith stated that both projects are worthy, but said no funds will be available from the general fund for funding the southend branch library. She said review of the monthly financial reports indicate the budget will be very tight next year. Councilmember Smith said she favors fully funding the library from Section 108 funds because it will be a city owned facility and should be funded first. She spoke in favor of allocating the remainder of Section 108 funds for the L. L. Melton YMCA project. Minutes;June 15,1999;Page 4 Councilmember Ames spoke in support of the YMCA, but spoke in favor of allocating $1.5 million to the southend library and $1.325 million to the Melton YMCA. She compared the southend branch library serving the community as does the northend branch library. Mayor Pro Tem Davis concurred with the worthiness of both projects and questioned other funding already committed to the L. L. Melton YMCA and other possible sources of funding. Interim City Manager Hayes reported that$200,000 has been committed to the L. L. Melton YMCA from unspent Community Development Block Grant funds. He said other funds are available for redesignation at the will of Council. Councilmember Goodson added agreement for the worthiness of both projects and asked for total funds available and the definite cost for the Melton YMCA project. He referenced to Councilmember Patterson's request for funding in the amount of$2.23 million and said his understanding is that $2.23 million is the entire project cost and does not take into account other expected gifts and contributions. Councilmember Goodson spoke in support of the library, but in opposition to funding from the general fund because monthly financial reports indicate there will not be surplus funding available. Again, he requested the actual amount needed above other funds and contributions by the Melton YMCA. Councilmember Cokinos added that he would like information regarding the exact amount needed by the L. L. Melton YMCA and urged Council to be careful not to overspend. Mayor Moore gave a historical perspective of how council had gotten to this point today. He stated that $900,000 to $1,000,000 out of the general fund will be a tremendous accomplishment for this Council to achieve considering the financial reports they have received. This could only be accomplished with a tax increase. Councilmember Patterson added comments about the original funding intent for Section 108 funds not including the library and stated she feels both projects can be funded by looking into other sources. Since the L. L. Melton YMCA was in the original consideration, that project should be funded first and the remainder used for the southend branch library. Mayor Moore reminded Council that the Section 108 application was for projects in general, and designed for economic development and revitalization. He stated that HUD has final approval for specific allocations. Further Council comments included reiteration of additional funding not being available in the general fund, prioritizing projects, reaching a commitment amount for consideration today, future completion dates of the projects, retaining unexpended CDBG funds for economic development in the Avenues Mayor Moore told Council he met with Carolyn Chaney, our Washington, D.C. representative, this weekend, and said the application made on behalf of the L. L. Melton YMCA is on the table for review in September from EDI funds. He expressed a desire that Minutes;June 15,1999;Page 5 everyone understand the energy that has gone into this effort. There is an application for EDI funds that, hopefully, could bring additional funds into play for the YMCA. Mayor Moore asked for information regarding the costs of the gymnasium, and stated the gymnasium is important since the current facility only has a multipurpose room. He reminded Council of the intent to build a recreation center in the southend, and because of the expense involved, this would be an opportunity to partner and leverage our dollars without putting an undue burden on the taxpayer. Mr. E. Hart Green, chairman of the YMCA of Metropolitan Beaumont, gave Council a brief outline of the renovations and new construction planned for the L. L. Melton YMCA. New construction will be a new gymnasium and fitness center that will cost $2,230,514. Mr. Green commented that private sector funds were $325,000 with an anticipated $217,000 needed for the entire project, which included renovations, new construction, contingency funds, equipment purchases, as included in the April 1999 council packet. Councilmember Goodson asked Mr. Green if the $2.235 million was the hard dollars for the capital project, and if the $325,000 of committed funds was for capital projects? Mr. Green answered that the $325,000 was allocated for equipment purchases, renovations of existing facilities, and other items as shown in the packet on pages six and seven. Mr. Green stated the total project would be about $3,097,000, and that they are requesting $2.23 million for the gymnasium, fitness center, and locker rooms. Councilmember Goodson further questioned the statement that the total cost of the project would be about $3.1 million with an expectation of receiving $900,000 in private sector donations, actual committed dollars of $325,000, leaving anticipated donations of approximately $600,000, over and above the request for Section 108 funds. Councilmember Goodson also clarified that the request for new construction did not include renovation of the old part. Mr. Green confirmed that a request for renovations was not made from Section 108 funds. Additional comments from Council included concerns about usable form of the facility, partial completion, the amount requested from CDBG funds, and the total private sector contributions and Section 108 funds. Mayor Pro Tem Davis questioned the anticipated construction time frame, and Mr. Mark Magnuson with Long-Magnuson Architects, Inc. replied that complete construction would take about 12 months. Mayor Pro Tem Davis questioned the possibility for lowering the building cost, and Mr. Magnuson stated that the estimate was based on the design requested by L. L. Melton YMCA. Mayor Pro Tem Davis requested that Mr. Hayes supply cost figures for the Sterling Pruitt Center to use for comparison. Mr. Hayes stated that the Sterling Pruitt Center cost approximately $2.5 million. Minutes;June 15,1999;Page 6 Mayor Pro Tem Davis added comments about an immediate decision regarding allocations and project priority and possibly YMCA personnel scaling back the project design. Mayor Moore said he would not support any level of a tax increase and agreed it is important to leverage our opportunities to make both of these projects happen, but said it could only happen if sacrifices are made by each entity and with commitment from everyone. He stated Council needs to consider those who are athletically inclined and those who would not take part in that type of facility. He further addressed a compromise, considering the amount of Section 108 funding available, making a prudent decision in the best interest of everyone and stated he agrees with Councilmember Patterson's first request of$1.825 million for the Melton YMCA and $1 million for the southend branch library. Mayor Moore asked for any public comments on Section 108 funding for the L. L. Melton YMCA and the southend branch library, and asked that they be limited to three minutes. Mr. Maurice Hill, executive director of the L. L. Melton YMCA, introduced himself to the Council and invited Council to call him regarding any questions about the YMCA. Mr. Allen Lee, 5095 Maddox, asked questions about past allocations to the L. L. Melton YMCA and the interest on the $200,000 CDBG funds for the L. L. Melton YMCA. He referred to a video tape showing conditions of the Melton YMCA facility, asked Council to view the tape, said he has had conversations with the HUD representative, FBI agents, and the District Attorney regarding these conditions. Mr. Lee told children in the audience that he is responsible for wading pools in Beaumont and voiced his opinion that the Melton YMCA should be turned into a public park for all people if a large amount of funding is going to be expended for that project. He made other comments about the NAACP and his efforts. Mr. Bill Proctor, 4340 West Ridge, asked if a Section 108 request could be amended to increase an amount after an allocation has been granted. Mayor Moore responded to earlier comments by stating that the entity that receives CDBG funds is not given a lump sum waiting to do the repairs. The City is the caretaker of the funds and pay for completed projects. Mayor Moore said that recent comments have served as somewhat of an indictment of facilities designed for children and those comments need to stop. Mayor Moore explained that the L. L. Melton YMCA facility is more than 25 years old, and the City has helped with repairs, kept children out of harm's way and supplied funds for summer camps. He said that HUD has been to the facility and approved plans to move forward. Mayor Moore advocated contributing to, rather than tearing down community efforts. Because of misconceptions, Mayor Moore stated that children could be the losers. In answer to Mr. Proctor's question, Mayor Moore explained the application process that averts a need to reapply for additional funding through the bidding procedure. Mr. Earnest Provo, 1499 Emma Street, commented on his positive participation as a child at the L. L. Melton YMCA, stated that the community can wait for another year to construct the library, and said it is important to keep kids off the street in after school programs. Minutes;June 15,1999;Page 7 Mr. E. Hart Green enumerated some of the services offered by the YMCA to the community such as the drug and alcohol abuse program, anger management intervention programs, and parenting classes in addition to their regular program. Ms. Latonya S. Bernard, spoke in support of the L. L. Melton YMCA and the southend branch library projects to give children places to have quality enrichment activities. Mr. Tommy Wiltz, 2915 Edmonds, summarized his participation history with the Melton YMCA and commented on the necessity of a safe recreational facility for children. Councilmember Smith spoke in support of collaborating with the Beaumont Independent School District, addressed cost of the new Ozen High School better use of tax dollars, and utilizing school facilities year round, and for summer programs. Councilmember Smith stated that if we are going to salvage children, we must teach them to read, appreciate books and become educated. She said it will not matter if they learn to play sports, if they do not learn to read, and said without education they will have a difficult time functioning. Mayor Pro Tem Davis, restated the purpose of today's meeting is how much to allocate, not build something less than the originally proposed facility. Councilmember Patterson, stated it is time to allocate the Section 108 funds and she is agreeable to $1.825 million for the L. L. Melton YMCA and $1 million for the southend branch library. Mr. Joseph Simpson, 2250 Lela Street, stated that the $20 million being spent on Ozen High School is not part of the $56 million bond issue. Councilmember Smith stated her comment was not on the pointed at the amount being spent on new school buildings, but that there are facilities at every school that neighborhoods could use. Ozen is just the newest, and in spending millions on facilities, they should be used after school and during the summer time. Mayor Moore added comments about working with BISD to promote better facilitation of public buildings, the YMCA's philosophy of"Mind, Spirit, and Body," and spoke in support of allocating $1.825 million to the L. L. Melton YMCA and $1 million to the southend branch library leaving each project to raise approximately $500,000. Councilmember Patterson moved that the Council allocate $1.825 to the L. L. Melton YMCA and $1 million to the southend branch library. Councilmember Goodson seconded the motion and questioned if there would be an obligation to notify HUD of the cost and funding sources after the public hearing. He also questioned amending the allocation for the library. Mr. Hayes explained that Council could allocate a lesser amount, but to increase the allocation it would require another public hearing. Minutes;June 15,1999;Page 8 Councilmember Goodson indicated he would not be opposed to another public hearing if Council needed to amend the allocations. He stated there were some uncommitted CDBG funds that he prefers to be used for development of the Avenues, and said the only alternative is to fund one project and wait to begin the other, if the two projects cannot make up the $500,000 deficit. Further discussion concluded with Council consensus and Mayor Moore announcing that a public hearing will be held in approximately fifteen days. COMMENTS * Councilmembers comment on various matters Councilmember Smith asked to meet with Mr. Joe Simpson at the conclusion of Council to clarify her comments in regards the dollar amounts in referencing putting school facilities to better use. Councilmember Goodson commented on the hurricane party (a fund raiser for the Red Cross) held last Friday, and congratulated "Hurricane David." Mayor Pro Tem Davis added since that the hurricane party was not only a roast of the mayor, but an indirect award for his leadership. Also, he thanked Mr. Kyle Hayes and parks and Recreation Director Luke Jackson for working with those planning "Juneteenth" celebrations at the Magnolia Park for this weekend. Councilmember Patterson added congratulations to Mayor Moore as the honoree at the hurricane party. Mayor Moore acknowledged Councilmember Smith for being the honorary chair for a YWCA benefit luncheon today honoring presidents of various civic organization throughout the community. Ms. Yvonne Corimer was the guest speaker at the event. Councilmember Smith stated the luncheon was a fund raising project to benefit the YWCA and would probably become a yearly event, and said the ladies on the YWCA board did a fantastic job planning the luncheon. * Public Comment (Persons are limited to 3 minutes) Ms. Ruthie Sells and Ms. Betty Mosley (7250 Sweetgum) requested the Council help keep the ceramic's instructor, Ms. Lou Whittington, at the Best Years Center. They indicated Ms. Whittington will be retiring from the Best Years Center on the 30th because she needs more money and some assistance with the preparation for the ceramic's class. Minutes;June 15,1999;Page 9 Mayor Moore directed Ms. Sells and Ms. Mosley to meet with Mr. Hayes after the meeting, explained the chain of command for City employee concerns, and that Council does not negotiate contracts in a public forum. Ms. Ella Flores, 2425 Buchanan, invited Council to attend the Avenues Neighborhood Association's Juneteenth neighborhood celebration, on Saturday, June 19, from noon to 6:00 p.m., on the parking lot behind Fletcher Elementary School Ms. Latonya S. Bernard informed Council she is starting a child care resource referral agency and invited Council to attend a business premier and program on August 29, at 7:00 p.m., at the Beaumont Holiday Inn on Walden Road. Mr. Charles Johnson, 5080 Helbig Road, addressed Council to complain that Police Officer Beck asked Plymouth Village officials to remove him from his position at the complex and claimed Officer Beck requested that the Johnson family be asked to move from the apartment complex. Mr. Johnson stated he would be taking legal action, if necessary. Mr. Roberto Flores, 2425 Buchanan, addressed Council to again complain about the new house moving ordinance. He claimed the ordinance is discriminatory and expressed concern that houses being moved into the Avenues neighborhood do not meed adequate housing needs. Mr. Flores also addressed prostitution and drug dealing in the area. He requested a waiver on the number required to form a Citizen on Patrol class, asked Council to consider a park in the Avenues area and announced that each month the neighborhood association will sponsor a variety of ethnic celebrations. Ms. Mary Pacella, 3980 Bayou Road, addressed Council to voice her opinion that the citizen complaining about the Police Department should not have been allowed to make derogatory comments. Ms. Pacella spoke in support of police officers and said they put their lives on the line for the community. Mr. Allen Lee, 5095 Maddox, informed the Council he was trying to initiate a zero-tolerance for police conduct in America by testing all police officer for drugs and giving them a polygraph test every six months. Mr. Frank Kiefer addressed Council again to request a $3,000 increase in the tax exemption for home owners because of the increase in home appraisals. He cited exemptions given homeowners in Louisiana and Corpus Christi. Mr. Aldoph Granado addressed Council to request that Council further consider implementation of the neighborhood plan adopted on November 13, 1998, agreed that Councilmember Smith's idea of utilizing schools for after school and summer programs might be appropriate because of limited funds, and stated that Fletcher Park is too small for neighborhood events. Minutes;June 15,1999;Page 10 Mr. Robert Prado, 1090 Avenue H, current president of the Avenues Neighborhood Association, also addressed Council regarding the neighborhood plan approved by Council and expressed concern about rehabilitation and construction of moderately priced homes and old houses being moved onto property that could be used for new construction to enhance the neighborhood. Mr. Prado expressed concerns about demolition of vacant, dilapidated buildings, and lack of activity on the action plan that has not even addressed street lighting and bus shelters. Mayor Pro Tem Davis assured residents that the Avenues area will receive services and listed some of the historic improvements in Ward III that included the College Street Corridor. He said that the Avenues area is a high priority and will get the same treatment as other neighborhoods when funds are available. Mayor Pro Tem Davis stated his priorities for the Avenues are a park, housing, and an overall general cleanup. Mr. Lynn DeMary, 430 East Elgie, expressed his belief that money is available for the projects discussed today, but would require taking funds from another project. He stated that street projects could be delayed and the challenge is to prioritize projects and move those forward and use unallocated CDBG or bond money for funding other projects. Mayor Moore explained that the public comment portion of the agenda is a mechanism in which to learn how to work better with citizens, but the process is not accomplishing that goal. Mayor Moore asked Assistant City Attorney Tyrone Cooper to review the policy. He said that increasingly this public opportunity is being used as a forum for negotiation purposes and propaganda. Mayor Moore stated that the city manager's office is open to receive and help resolve issues. He also referred to his previous statement about behavior at the microphone challenging another's character possibly resulting in a lawsuit, and said that personal attacks are not acceptable. He further stated that City personnel should deal with problems and not direct citizens to bring complaints to Council meetings. Improper conduct will not be tolerated and anyone abusing the privilege will be subject to removal from Council Chambers. EXECUTIVE SESSION Executive Session in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: Gilbert Michael Eaves v. City of Beaumont here being no further business, the meeting adjourned at 4:35 p.m. David W. Moore, Mayor Barbara Liming, City Cle k Minutes;June 15,1999;Page 11