Loading...
HomeMy WebLinkAboutMIN FEB 20 2001 M I N U T E S - CITY OF BEAUMONT Lulu L.Smith DAVID W. MOORE, MAYOR Guy N. Goodson, Mayor Pro Tem Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J. Patterson February 20, 2001 Audwin Samuel Lane Nichols, City Attorney Stephen J. Bonczek,City Manager Barbara Liming, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on February 20, 2001, 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 1:36 p.m. The Reverend Alberta Landry, Co-pastor of Christ Outreach Ministries, gave the invocation. Councilmember Samuel led the pledge of allegiance. Present at the meeting were: Mayor Moore (arrived at 1:37 p.m.), Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos,Ames, Samuel and Patterson. Also present were Stephen J. Bonczek, City Manager; Lane Nichols, City Attorney; and Barbara Liming, City Clerk. *Presentations and Recognitions Three proclamations were issued:"Girls Haven Day,"February 22,2001;"Taste of the Triangle Day," February 27, 2001; and a proclamation proudly recognizing "Clean Community Director John Labrie"for receiving the 2001 Ken Smith Solid Waste Management Career Achievement Award from the Texas Chapter of the Solid Waste Association of North America for professionalism and for his service to the citizens of Beaumont. *Public Comment: Persons may speak on scheduled agenda items Mr. Allen Lee, 5095 Maddox, addressed Council in objection to the settlement of a claim on the Consent Agenda not stating the recipient. * Consent Agenda • Approval of the minutes of the regular meeting held February 13, 2001, and the special meeting held February 15, 2001. * Confirmation of committee appointments - Karen E. Fitzhugh Beaumont Advisory Commission for Prevention of Child Abuse and Neglect, term expiring February 19, 2003 - Resolution No. 01-042 A) Approve annual contracts for the purchase of water treatment chemicalt for use by the Water Department (with Kahn Chemical, Southern Ionics, Inc., and Shannon Chemical Corp. for an estimated annual expenditure of$189,438) - Resolution No. 01-043 B) Approve the purchase and installation of one non-clog angle pump for use in the Water Reclamation Plant (from Placo, Inc. in the amount of$81,245) - Resolution No. 01-044 C) Approve an annual contract for the purchase of polyacrylamide cationic emulsion liquid polymer for use by the Water Department (with Polydyne Inc. for an annual estimated expenditure of$40,000) - Resolution No. 01-045 D) Approve a contract for the replacement of the fluoridation bulk tank system at the Water Production Plant (with Progressive Pumps for $39,935) -Resolution No. 01-046 E) Approve a contract for the purchase of lubricants for use by various city departments in maintaining equipment ( with Tri-Con, Inc., for an estimated expense of $33,647) - Resolution No. 01-047 F) Authorize the settlement of a claim ( with Clarence Lewis III in the amount of$7,500) - Resolution No. 01-048 G) Accept maintenance of the improvements in West Oaks Subdivision, Phase I and West Oak Townhomes, Phase I (street and storm sewer improvements of Garden Oaks Drive from existing Major Drive approximately 558 feet west to the proposed centerline of South Oaks Drive, Garden Oaks Drive from the proposed centerline of South Oaks Drive approximately 237 feet north to and including the cul-de-sac at proposed Oak Meadow Drive, Oak Meadow Drive from proposed Garden Oaks Drive approximately 282 feet west to proposed Harbor Oak Drive, Harbor Oak Drive form the centerline of proposed Oak Meadow Drive approximately 71 feet north to 3-OM-4P end of roadway markers, and Harbor Oak Drive from the centerline of proposed Oak Meadow Drive approximately 320 feet south to 3-OM-4P end of roadway markers; and water and sanitary sewer improvements of Lots 1-6, Block 1, Lots 9-22, Block 2 and Lots 23-34, Block 3) - Resolution No. 01-049 H) Accept maintenance of the improvements in Montclaire, Phase One (street and storm sewer improvements of Avenue Montclaire from existing Delaware Street approximately 1,109 feet north of 3-OM-4P end of roadway markers,Merlot Drive from proposed Avenue Montclaire approximately 512 feet east to and including the cul-de-sac,and Berwick Drive from Proposed Avenue Montclaire approximately 677 feet east to and including the cul-de- sac; and water and sanitary sewer improvements of Lots 1-25, Block 1 and Lots 1-26, Block 2. - Resolution No. 01-050 1) Approve the purchase of vehicles through the State of Texas Cooperative Purchasing Program (for a total expenditure of$545,340) - Resolution No. 01-051 Minutes February 20, 2001 Page 2 J) Approve a License Agreement with Burlington Northern and Santa Fe Railway Company for the Concord Road Widening - Phase III Project (fee of$2,600)- Resolution NO. 01- 052 Mayor Pro Tern Goodson moved to approve the Consent Agenda. Council member Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None GENERAL BUSINESS 1. Consider a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains - Contract II Councilmember Smith moved to approve Resolution No. 01-053 authorizing a contract with Allco, Inc. in the amount of$838,721 for the rehabilitation of sanitary sewer lines by pipe bursting/crushing methods. Mayor Pro Tern Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None OTHER BUSINESS *Discuss the tentative development and lease agreement for the Tyrrell Park Horse Stables The City Manager introduced an opportunity to enter a lease agreement with Mr. Jeff Hughes to renovate the Tyrrell Park Horse Stables and provide an equestrian oriented day camp and horse rental operation. The initial agreement would be for eight years and provide for an additional five years. Mr. Hughes would invest $72,000 and the City would contribute an additional $103,000 for a total rehabilitation cost of$175,000. Mr. Bonczek asked Central Services Director Kirby Richard to present the project and partnership opportunity in more detail. In a Power Point presentation, Mr. Richard gave a history of the Tyrrell Park Horse Stable, listed and detailed proposed improvements to the residence and stables, reviewed highlights of the contract. (Exhibit"A") In addition Mr. Richard explained the bid process and introduced Mr. Jeff Hughes, the prospective investor, and invited him to address Council. Mr. Hughes expressed excitement about the project and his vision to restore the horse stables and barn at Tyrrell Park and solicit a historical marker for the site that was originally constructed in 1936. He reviewed previous youth camp experiences that included serving diabetic and physically challenged children and future plans to conduct eleven weeks of summer day camp for 72 children and provide 16 riding horses. He further discussed his staffing plans, use of public transportation to utilize public swimming pools, use of other Tyrrell Park facilities, fees, grant Minutes February 20, 2001 Page 3 monies for underprivileged youth, trail rides, and riding instruction. Mr. Hughes stated that he would fund the first $72,000, move to the location, add gates and security lights, which should be a deterrent to further theft and vandalism of the facility. He stated that the project needs to be publicized that the City and he will work together to make this project a reality. In response to Mr. Hughes' offer to answer questions, Mayor Moore stated that opportunity will first be given to Council and staff to ask questions and then others in the audiences may participate in discussion or ask questions. Mayor Pro Tern Goodson raised questions regarding placement of hours of operations in the lease; a default/ repayment clause and a breakdown of expenditures for each facility or item to be included in the document. He also questioned if this item would come back to Council or remain at the staff level if the project exceeds$175,000; licensing requirements and registration; the possibility that termination of the agreement might generate problems regarding personal property in the residence or bam; a clear statement that the residence is to be occupied by the developer only and not considered a rental unit. Mayor Pro Tern Goodson asked if all ADA requirements met; questioned capital improvements; and if all undeveloped land is included in the lease? In response to the questions, Mr. Hughes and City staff responded that all of Mr. Hughes' staff members would be licensed and certified. In the event of default,all improvements belong to the City, and staff confirmed that ADA requirements will be met. Councilmember Smith requested a business plan and Councilmember Ames clarified use of swimming pools being pools off-site. Mr.Allen Lee, 5095 Maddox,spoke in opposition to renovation of the horse stables claiming that he is here for children and wading pools. He stated that priorities are not in order, that the public wants wading pools and not a pipe dream for horse stables. Mr. Lee said there are contractors who would donate labor to construct the pools, or the City could construct them in-house. He continued stating further opposition, questioned Mr. Hughes financial ability, said if the project moves forward, he will file a federal lawsuit against the City of Beaumont, suggested the City recruit and train lifeguards from the school system for the summer swimming programs,and said he plans to circulate a petition for Council term limits. Ms. Tony Prados, 1090 Avenue H, as a neighborhood association member, questioned where the money is coming from to refurbish the horse stables at Tyrrell Park. She said College Street residents have been asking for improvements, none have been received, and their Councilmember is checking into a solution. She quoted an article stating Charlton Pollard is getting five new homes and questioned where that money is coming from. Ms. Prados stated they were told to locate lots in their community for new houses and again questioned where funding is being derived. Ms. Prados stated that if there is money to fund these projects, why should there be a suggestion for a tax increase. Mr. Robert Preston, 1190 Iowa, addressed Council to express opinions about citizen requests and special interest projects. He related discussing police operations with the City Manager expressed other opinions in opposition to renovation of the horse stables and in support of swimming and life saving skills. Minutes February 20, 2001 Page 4 Mr.Collins Girard,5780 Springdale Lane,confirmed$175,000 being the total cost for renovations of the horse stables and questioned sufficiency of liability insurance. Staff responded that $1 million in liability insurance is required. COMMENTS * Councilmembers comment on various matters Councilmember Patterson requested that backup material for presentations be supplied to Council a few days prior to workshops for study and review. Mr. Bonczek replied a two-page report was expanded into the pamphlet given to Council today. Councilmember Samuel questioned whether another workshop would be held regarding the Tyrrell Park Horse Stables. The City Manager replied it would be a Council decision, staff is ready to present the item for a vote,the next meeting will be March 6, and there is time for input. Councilmember Samuel stated many concerns were expressed at the College Street Corridor Neighborhood meeting and many a number of concerns were expressed. He requested that Mr. Anderson and City representatives be present at the Ward III meeting to address concerns of the College Street Neighborhood Plan,development of the Charlton Pollard plan,the MLK and Dick Dowling plans. He said the meeting will be held at 6:30 p.m. at the Willard Library, Thursday, February 22. Councilmember Ames asked the City Manager if he is aware of any contractors being willing to construct wading pools at no charge as was previously expressed by Mr. Lee or if suggestions have been received regarding a public-private partnership and asked for confirmation that $84,000 is the firm quotation cost received for construction of each wading pool. Mr. Bonczek stated he has no knowledge of contractors desiring to contribute wading pools or interest in public-private partnerships and confirmed the cost for a wading pool. Councilmember Samuel interjected a question regarding donations of a wading pool, and after an opinion by the City Manager that we could accept such an offer, he suggested possible promotion of an "Adopt-a-Pool" project. *City Manager Report: Mr. Bonczek offered recognition and congratulations to Clean Community Director John Labrie, who was nominated by his peers and received the Ken Smith Solid Waste Management Career Achievement Award. He said the award reflects the City's commitment to work in harmony with the environment. The City Manager reported that the 2000 theatrical series was a great success and netted$19,000. The challenge was to bring high quality entertainment to the community and not cost taxpayers any money. He credited Kirby Richard and Claudie Hawkins for the success and recognized Hibernia Bank for already signing up as sponsor for next season. In addition to Hibernia Bank as prime sponsor, Entergy, the Beaumont Enterprise and KFDM-TV were secondary sponsors in 2000. He announced the new second season planned events and possibility of working with the Music Commission in 2001. The City Manager addressed enthusiasm generated by the Spindletop celebration and community desire to keep that spirit alive. He announced that a recommendation has been made to redesign our City seal to reflect Minutes February 20, 2001 Page 5 in the importance of Spindletop to the oil industry and global economics. Also, Mr. Bonczek said he is finalizing the 2000 Strategic Action Plan and will then bring it to a work session. Councilmember Samuel requested that significance of the present seal be researched and a report given to Council. Mayor Moore also suggested that any changes be open to the community and an effort made to make a new seal all inclusive and not have tunnel vision to one facet of the community. Mayor Moore reviewed past discussion of wading pools and a pledge to a solution and asked the City Manager to address Council and City concerns and strategy planned. Mr. Bonczek recounted new Department of Health regulations imposed on filtration last year, accurate quotations of$84,000 for each wading pool,and an enhanced program to include"learn to swim" sessions at the Y's because of budget restrictions. He stated that several children learned to swim and gained access to the Melton and Downtown Y's. The direction of Council for this coming season is to seek funding opportunities to potentially construct a wading pool at either Sprott or Rogers Park. He said a report has been distributed and staff needs direction upon which park to focus and finalize action. A work session is scheduled forthis item on March 6, and the City Manager said the horse stables at Tyrrell Park could be added to that agenda at Councils' request. Mayor Moore asked Council to formulate and submit questions to staff before next Council meeting. He stated that the horse stables is a good project that adds to the overall interest and quality of life to everyone in the community, but stated that he would also like to bring one or two pools back into the program this season. He asked consideration be given to points of needs by the greatest utilization of day care centers, children living in apartments within walking distance of the pools, and the best effort possible be put forth to continue improvement and best leverage funds. * Public Comment (Persons are limited to three (3) minutes). Mr. Kenneth Hood, 8098 Club Oaks Drive, owner of Cameo Plumbing, addressed Council to correct statements made that only four or five plumbers appeared at the last Council meeting and implying little interest of plumbers regarding sewer taps. Mr. Hood stated that he was advised by Councilmember Smith to only bring a few people to Council to present concerns and state facts. Mr. Hood presented a petition with approximately 50 signatures in opposition to plumbers being required to make commercial sewer taps. Mr. Allen Lee, 5095 Maddox, addressed Council in opposition to the horse stable renovation because he said there are other organizations that can provide the service and questioned the number of stalls considered. Mr. Lee questioned the structures not being red tagged and again said he would sue the City. He vigorously suggested recruiting life guards from among the swimmers at high schools and Lamar University and underwriting their training. Mr. Lee stated that he will file a complaint with HUD about the L. L. Melton Y funding, complained about the administration of funds, and spoke again about a term limit petition. Mr. Robert Preston, 1190 Iowa, presented a photo to the City Clerk for distribution to Council relative to fire hydrants, asked Council to demonstrate use of a wheel chair at the Police Minutes February 20, 2001 Page 6 Department or Municipal Court, made other comments about the Police Department and his need for a felony case number. Mr. Paul Collins, 3675 Preston, addressed Council regarding a problem in the Pear Orchard neighborhood with loud music emitting from Dee's Lounge throughout the night interfering with residents ability to sleep. Mr.Collins reviewed his life in Beaumont and the problem with the owner of the bar. (Councilmember Smith left the Chamber at 3:05 p.m. during Mr. Collins' comments and returned at 3:08 p.m. during Mr. Girard's comments.) Mr. Collins Girard, 5780 Springdale, addressed Council to express concerns about the number of arrests for minor offenses by young individuals ages 8 to 13. Mr. Girard said that young people need to be educated about the laws they may be violating and asked for Council assistance. Ms. Kathy Von Feldt, representing Premium Plumbing at 1575 South 23rd Street, addressed Council to apologize for not being present last week in support of the City continuing to make commercial sewer taps. Ms. Bonfelt asked that Council not let a lack of the number of individuals present at the meeting reflect the impression they are not concerned with the new policy. She said most owners work and relied on the representation last week to present their views and stated they are in support of the City continuing to make water and sewer taps as was the policy in the past. Councilmember Smith clarified that her statement to Mr. Hood was that if he brought 23 people to the meeting,that not all 23 should address Council, but that whomever and how many theywanted to speak should present their concerns and opinions. She emphasized that citizens have the right to speak. Mr. Wallace Chargois, 3765 Preston, added support to the complaint previously expressed about loud music in his neighborhood interfering with citizen's ability to sleep. He expressed fear among senior residents to express their concerns and suggested more police presence in the neighborhood. Mr. Bill Proctor, 4340 Westridge, addressed Council with his concerns about disruptions and outbursts of public comments in Council meetings. Ms. Tony Prados, 1090 Avenue H, on behalf of her neighborhood association, announced that on February 24, they will conduct a "Neighborhood Health Check Day" at Fletcher Elementary from 8:00 a.m. to 2:00 p.m. Doctors and nurses and organizations will be present and there will be a variety of food and activities available. The special program will be conducted by the Saint Catherine Drexler's Humanitarian Association. Ms. Prados extended an invitation to Council and other citizens to attend. Mr. John C. Adams, 3699 Goliad, addressed Council in support of the complaint against loud music in his neighborhood and questioned an ordinance or law in place against a tavern in the midst of a neighborhood. Mayor Moore thanked citizens for their attendance and explained that businesses sometimes have been"grand fathered"against new regulations. He spoke of good co-existence among businesses Minutes February 20, 2001 Page 7 provide information to residents. Mayor Moore announced that the City has a special website for young people to familiarize rules and regulations and to receive information. He said City Hall is working to make information more accessible to everyone and to make progress. There being no further business, the meeting adjourned at 3:25 p.m. David W. Moore, Mayor Barbara Liming, City Clerk Minutes February 20, 2001 Page 8 Tyrrell Park Horse Stable History • Tyrrell Park Constructed in 1920. • Horse Stables Constructed in 1940's. • Stables used for German POW's in 1945. ■ Leased by A. C. Carte from 1975 to 1980. ■ Vacant from 1981 to 1987. f ■ Fall 1987, City funded $83,000 renovation project. ■ Leased by Mike & Daisy Green from 1988 to 1989. f ■ Lease assigned to Pat Sykes in 1989 to 1994. ■ Lease assigned to Deanne Oaks in 1994. t ■ Contract terminated in August 1997. 1 ■ Leased by Pat Sykes in 1998. ■ Lease terminated in April 1999. ■ May 1999 Requested Operating Proposals - all rejected. ■ March 2000 Requested Operating Proposals - one received. EXHIBIT"A" IMPROVEMENTS RESIDENCE Interior ■ Remove & Replace Wall Boards ■ Insulate Walls & Ceilings ■ New Electrical Service ■ Replace Exterior Windows ■ Addition of Bathroom ■ Install New Kitchen Cabinets & Appliances s ■ Refinish Hardwood Floors & Install New Floorin g Materials ■ Replace Door Hardware & Light Fixtures t ■ Install New Bathroom Cabinets & Fixtures f 3 ■ Install Central Air Conditioning System Exterior ■ Replace Rotten or Damaged Material ■ Remove & Install Asphalt Single Roof ■ Clean & Paint Exterior Surfaces IMPROVEMENTS STABLES Interior • Repair all Doors & Windows • Replace Rotten & Damaged Materials t • Remove Existing Plumbing Fixtures & Provide ADA Compliant Restrooms ■ New Electrical Service ■ Install New Kitchen Cabinets & Appliances ■ Repair or Replace Door Hardware ■ Install Central Air Conditioning System ■ Install New Floor Covering Where Applicable ■ Repair 12 Horse Stalls ■ Addition of Restroom For Wrangler Living Quarters Exterior • Replace Rotten & Damaged Materials • Repair Exterior Windows ■ Install New Barn Doors ■ Clean & Paint Exterior Surfaces CONTRACT HIGHLIGHTS ■ 8 Year Term With A 5 Year Extension ■ Rental Payments Will Be Renegotiated For Extension ■ In Lieu Of Rental Payments For Primary Term, Tenant Has Agreed To Investing $72,000 For Improvements ■ City Commitment For Improvements Is Estimated To Be $ 103,000 ■ Tenant Is Responsible For All Improvements Required By Contract. Reimbursed By City Upon Completion ■ Tenant.Indemnifies City & Provides $1 Million General Liability Insurance ■ Tenant Provides Additional Fire & Extended Coverage Insurance on Building ■ Tenant is Responsible for Grounds & } Building Maintenance, Except Roof& Exterior Wall Systems. ■ Tenant Will Furnish & Maintain Equestrian Activity & Rentals ■ Utilities Are The Responsibility Of The Tenant