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HomeMy WebLinkAboutMIN MAR 02 1993 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MARCH 2, 1993 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this 2nd day of March, 1993, with the following present: HONORABLE: Evelyn M. Lord Mayor Brian R. Alter Mayor Pro Tem Councilman At Large Andrew P. Cokinos Councilman At Large Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Ray A. Riley City Manager Tyrone Cooper Asst. City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by the Reverend Bruce Booher, Bethlehem Lutheran Church. The Pledge of Allegiance was led by Councilman Smith. -000- Three Proclamations were issued: "Energy Education Day, " March 19, 1993 ; "Red Cross Month, " March, 1993 ; and "Luv Lamar Week, " March 1-6, 1993 . -000- Mr. Bruce Bennings and Mrs. Kate Tomias presented an update on the progress of the Imagination Station, a 10, 000 square foot playground designed by children and architecturally developed from that design, to be built at Central Park. Mr. Bennings said that 3,500 square feet of the playground will have a rubber surface underneath so that children in wheelchairs or a support mechanism will be able to enjoy that area. He said it will take about $95, 000 to build the playground, and that more than 800 of the funding has been raised before the construction dates of March 31--April 3, 1993 with an all-volunteer labor force. He said support has been amazing. Mrs. Tomias solicited volunteers and said they will need about 2, 000 people involved during the five day building program. She said it will be a community and spirit building experience, similar to an old-fashioned barn-raising, and that childcare -49- March 2 , 1993 and meals will be provided. Tee-shirts were presented to Council to wear during their participation of building the Imagination Station. -000- Citizen comment was invited on the Consent and Main Agenda Items 2-7. 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 February 23, 1993; Resolution No. 93-49 appointing Ben Hansen, Chairman, and Victoria Price, Vice-Chairman, of the Sister City Commission for terms expiring December 31, 1993 ; Resolution No. 93-50 authorizing acceptance of the bid by G & G Enterprises in the amount of $16, 000. 00 for construction of a storage building for the Building Services Division; and Resolution No. 93-51 accepting a 225 square foot drainage easement out of Lot 4, Block 3 of the French Subdivision, located on the southeast corner of Delaware and 21st Streets, from Mrs. Grace Alma Nickelbrough for the negotiated value of $66. 37; The Consent Agenda was approved on a motion made by Councilman Moore and seconded by Mayor Pro Tem Alter. Question: Ayes: All Nayes: None -000- PUBLIC HEARING FEDERAL TRANSIT ADMINISTRATION GRANT APPLICATION FOR SECTION 3 FUNDS FOR CAPITAL PROJECTS EXCERPT MAYOR LORD: And, now I will open the Public Hearing on Item No. 1. Mr. Manager, do you wish to make any statement on that? MR. RAY A. RILEY As a preamble to the Public Hearing, I would explain to the Council again that this is exactly the same application which was made -50- March 2, 1993 previously and approved by Council after another Public Hearing was conducted. It was done under Section 9 of the Federal Transit Administration Act which would have provided us funds for capital improvements which included three, or the acquisition of three (3) paratransit vans with lifts, the replacement of the automatic bus washer and recycling system, resurfacing of the bus parking facility and replacement of the roof at the Transit Administration Maintenance Facility. This had been approved, Council had actually, has provided for the matching funds in the 1993 budget, and the application was made under the section for which funds were not made available for the purpose of capital improvements, but were reserved for operating expenses. We subsequently have been notified that there are funds that will be made available under Section 3, and we've been invited to apply or resubmit the application under another section of the Act for which there are discretionary funds may be made available. And so, we have published as required the Act. The potential application of some $660, 000 for assistance through the FDA which would be used for those capital purp, capital projects, and a Public Hearing will be required in order to resubmit this application. MAYOR LORD So, at this time, I would like to invite any citizen who wishes to address Council on the matter of Item No. 1, grant application to the Federal Transit Administration for Section 3 funds for capital projects, to speak to us now. All you have to do if you wish to speak to us about this item, is to come to the podium, give us your name and your address for the public record, and tell us what's on your mind. Is there any citizen that wishes to speak to us on this item? This is a Public Hearing. If there is no citizen who wishes to speak to us on Item No. 1, I will close the Public Hearing. Mr. Manager. END OF EXCERPT Resolution No. 93-52 authorizing submission of a grant application to the Federal Transit Administration for Section 3 funds for capital projects in the amount of $660, 000. 00 for the Beaumont Municipal Transit System was approved on a motion made by Mayor Pro Tem Alter and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 93-53 authorizing Change Order No. 1 to the contract with APAC-Texas, Inc. for construction of a roadway at the City's Landfill in the amount of $44,263.00 to reflect actual quantities used as the result of deleting approximately 675 feet of the roadway from the contract was approved on a motion made by Councilman Smith and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -51- March 2, 1993 Resolution No. 93-54 authorizing implementation of a Micro-Enterprise Loan Program (designed to meet needs of small businesses by providing loans from $5, 000 to $25, 000 to qualified applicants for new construction, property acquisition, building rehabilitation, acquisition of machinery and equipment, or working capital, with the City providing up to 90% financing, a minimum of 10% owner's injection and no bank financing) and amending the Small Business Revolving Loan Fund guidelines by lowering the minimum loan amount for the City's participation to $7,500.00 instead of $10, 000. 00 and allow participation in financing loans of $25, 000. 00 and greater was approved on a motion made by Councilman Samuel and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 93-55 authorizing three-year oil, gas and mineral leases with NBB Oil and Gas Partners (U.S.A. ) c/o Duncan Energy Co. for Item No. 1. 1: 13 .80 acre tract out of Nancy Davis Survey, Abstract 5 and Item No. 1.2 : 12 .05 acres out of the South 1/3 of Nancy Davis Survey, Abstract 5 with a total bonus payment of $5,299.25; annual delay rental of $646. 25; shut-in gas wells at $70/well; minimum royalty payment of $25. 00 per acre; royalty payments at 23% and with Dan E. Orbeck, Jr. for Item No. 1.3: 0. 00004 acre tract out of the F. Bigner Survey with a total bonus payment of $101.00; annual delay rental of $10. 00; shut-in gas wells at $5.00/well; minimum royalty payment of $10. 00; and royalty payments at 25. 12% was approved on a motion made by Mayor Pro Tem Alter and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Ordinance No. 93-14 amending Section 26-24 of the Code of Ordinances extending school zone speed limits on Highland Avenue 100 feet south of the center line of Nolan to 50 feet south of the center line of Clark Street and on Lavaca 50 feet west of the center line of Sullivan to a 50 feet west of the center line of Lakner and adding school zone speed limits on Jaguar from the center line of South Street to the center line of Smart Street and on South Street 250 feet west of the center line of Oxford to 300 feet east of the center line of Jaguar was considered: ORDINANCE NO. 93-14 ENTITLED AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO REDUCE SPEED LIMITS ON HIGHLAND AVENUE, LAVACA, JAGUAR, AND SOUTH STREETS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. -52- March 2, 1993 Ordinance No. 93-14 was approved on a motion made by Mayor Pro Tem Alter and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Resolution No. 93-56 accepting the bid of Comfort Zone, Inc. in the amount of $39,711. 00 for furnishing and installing two (2) 110-ton air conditioning units at the Julie Rogers Theatre was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 93-57 accepting the bid of Mine Safety Appliances Company for the Beaumont Fire Department for supplying air masks with carrying cases based on unit costs of $1,965.25; $1,910. 00 for air masks without carrying cases; and $218. 00 for unused hydrostatically tested air cylinders that have been inventoried for three (3) years or less for an approximate total expenditure of $32,451.50 was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Councilman Moore congratulated and announced that Councilman Samuel was recognized last Friday evening by receiving the Social Action Award from their fraternity. Councilman Smith informed Council that a new format for "Sunday in the Park" is being planned. She said plans are to have some of the theatre people perform skits following a particular theme for each "Sunday in the Park. " Each Sunday's sponsor will have the responsibility of organizing the group. Councilman Cokinos questioned two speed limit signs in front of Sallie Curtis School, one posted for 20 miles per hour and the other for 25 miles per hour. Mr. Warner said the 25 miles per hour sign is a curve warning sign and the other is the regulatory sign, but will verify and get back with Councilman Cokinos. Councilman Goodson extended best wishes to Mayor Pro Tem Alter for celebrating another birthday today. Mayor Pro Tem Alter said it is also Sam Houston's birthday, a nice day to share and congratulated Councilman Samuel for receiving his award. Mayor Lord reported that she attended the Gulf Coast Hazardous Substance Workshop this past weekend, and said it is one of the finest of its kind in the nation. People from all over the world attend this workshop. -53- March 2, 1993 The Reverend Oveal Walker, 2120 Renaud Street, on behalf of Mount Calvary Baptist Church and the Northeast residents of Beaumont, expressed appreciation for the assistance given recently when they called upon Council and the Police Department. He said the situation is improving, but the battle is not won. Mr. Leon Chambers, 4431 Galveston, said he recently opened a business and complimented Council for thoroughly addressing Agenda Item No. 3 and said that he will probably be one of the first applicants. Mr. Raymond L. Fontenot, 2860 Sarah, addressed Council regarding selection of the Police Chief, suggested the Charter be amended to make this an elected office, and expressed disappointment that no Black Police Officers were included in recent promotions. Mr. Morris Broussard, 1870 Nora, addressed Council to address rental policies of softball fields and complain of inconsistencies of payment requirements. Mr. Forrest F. "Ted" Posey, 3695 Edmonds, addressed Council regarding his philosophy about truth. Mr. Joseph Pete, 3970 Scranton, addressed Council to express his concerns about violence and a need for brotherly love. Mr. Henry Dannenbaum, 1567 Wall, address Council on various items and reported that Life Resource is still available. Ms. Sheila Coward, 7227 9th Street, addressed Council in appreciation for the help given her when she has called and said she is pleased with the improvement in housing in Beaumont. -000- Mayor Lord announced that the scheduled Executive Session has been cancelled. -000- There being no further business, the Regular Session of City Council was recessed to reconvene in Workshop 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 March 2, 1993 . Rosemarie Chiappetta City Clerk -54- March 2, 1993 PUBLIC HEARING MARCH 2, 1993 FEDERAL TRANSIT ADMINISTRATION GRANT APPLICATION FOR SECTION 3 FUNDS FOR CAPITAL PROJECTS THOSE PRESENT: Evelyn M. Lord Mayor Brian R. Alter Mayor Pro Tem Councilman At Large Andrew P. Cokinos Councilman At Large Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Ray A. Riley City Manager Tyrone Cooper Asst. City Attorney Rosemarie Chiappetta City Clerk -000- EXCERPT MAYOR LORD: And, now I will open the Public Hearing on Item No. 1. Mr. Manager, do you wish to make any statement on that? MR. RAY A. RILEY As a preamble to the Public Hearing, I would explain to the Council again that this is exactly the same application which was made previously and approved by Council after another Public Hearing was conducted. It was done under Section 9 of the Federal Transit Administration Act which would have provided us funds for capital improvements which included three, or the acquisition of three (3) paratransit vans with lifts, the replacement of the automatic bus washer and recycling system, resurfacing of the bus parking facility and replacement of the roof at the Transit Administration Maintenance Facility. This had been approved, Council had actually, has provided for the matching funds in the 1993 budget, and the application was made under the section for which funds were not made available for the purpose of capital improvements, but were reserved for operating expenses. We subsequently have been notified that there are funds that will be made available under Section 3 , and we've been invited to apply or resubmit the application under another section of the Act for which there are discretionary funds may be made available. And so, we have published as required the Act. The potential application of some $660, 000 for assistance through the FDA which would be used for those capital purp, capital projects, and a Public Hearing will be required in order to resubmit this application. MAYOR LORD So, at this time, I would like to invite any citizen who wishes to address Council on the matter of Item No. 1, grant application to the Federal Transit Administration for Section 3 funds for capital projects, to speak to us now. All you have to do if you wish to speak to us about this item, is to come to the podium, give us your name and your address for the public record, and tell us what's on your mind. Is there any citizen that wishes to speak to us on this item? This is a Public Hearing. If there is no citizen who wishes to speak to us on Item No. 1, I will close the Public Hearing. Mr. Manager. END OF EXCERPT EXCERPT, CITIZEN COMMENT, MARCH 2, 1993 CITY COUNCIL MEETING Morris Broussard, 1870 Nora, I would like to address on the recreation side. Every year about this time, Mayor Lord, you know I come, and I talk to you about the softball and the softball complex. Well, this the third year in a row. We got some inconsistency with the softball program and the people that has the program. Ah, last week, in particular, I talk to ah, Luke, not Luke Jackson, Lou Cappi, about the softball complex, and I 'm involved heavily in tournaments. Ah, three years ago I had a tournament here in Beaumont that was televised, filmed for television on the FOX network, which it was broadcast. Last year we did the same thing, and after the tournament, Beaumont Tourism and Convention Department contacted me about the tournament that was gonna be held this year. We've con. . . .cont, no I mean we've had like 25, anywhere from 25-35 softball teams that come from Louisiana and Texas, and in a weekend's time that generates lot of funds for the local economy. But, regretfully to say that this year, the tournament is not gonna be held in Beaumont. It's not gonna be held in Beaumont for a couple of various reasons. This is the new policy this year on the rental of the softball complex. Three years ago, they started a policy that you would reserve the fields and you pay a $30 deposit before the key was hand out for that weekend. Last year, he came up with another policy where you would rent the fields, but at time of reservations, you paid the $30. This year, this policy states, "softball diamonds may be rented for tournaments at a rate of $30 per diamond per day; lights for tournaments are an additional $20 per diamond per day. A deposit of $75 per diamond per day is required when the reservation is made. $25 is returned if trash is removed. The balance is due the first working day after the rental. " Answering this first paragraph, if you want your money in advance, what balance is due after the, you know, the first day after the rental of the parks? Another thing is, they say, he's telling us the increase in the, the fee for the rental in advance per day is for cleanup. We rent the park to give tournaments, to help support our teams travel. Me, myself, I got a tournament team. I just play weekends. I officiate through the week for the other leagues, but my players play in his, the City League. Okay? Why should I be responsible to clean up that park, and I cannot have concession out there? I cannot sell one soda where a can is left on the ground, but they're holding me responsible and charging me a fee to clean up, and I cannot have concession out there. I feel like this is very inappropriate for me as a citizen to rent the park and have nothing to do with dirtying it up, somebody come in, sell their goods, go home, and I 'm out there to clean up their, their mess. Okay, the softball team does not feel that it is appropriate that we should have to do this, okay? There are, the other thing is the last working day before the rental, a key to the score booth and the lights can be picked up from the Recreational Office. The use of the diamond for one game counts as a full day. It's no problem with us. You rent one field, if you rent it 15 minutes, no problem. The diamonds will be game-ready, but no, this will not include chalking the fields. The ground crew will do this before the game using your chalk. Contact the crew foreman for cost. Well, I think the statement is very inappropriate. The field is not game-ready, if, you know, if he's thinking that game-ready mean, the same way they fix the fields up for PAGE 2 MORRIS BROUSSARD, CITIZEN COMMENT our night league. You know, I mean, chalking, doing whatever is, you know has to be done, but in this statement here, it is not game-ready. The third thing, glass containers and alcohol are prohibited by the City Ordinance at the Athletic Complex. Okay, we know, I fought this last couple of years. It voted down, we can't have alcohol out there, fine. No problem. This comes across to me. Tournament sponsors will, tournament sponsors which allows glass containers or alcohol to be at the Complex may not be allowed to host future tournaments at the Complex. I am not a Police Officer. The City, the Parks Department, they rent these places. If they put it in the Ordinance, or whatever, it the regulations is for me to, in order to rent the park, I would have to have a Police Officer out there, fine. But, it's not in this. I am gonna rent the park, but as to say for me to police it, tell these guys, I can only mention it to them. See, cause half the time, it's not the guys that's involved in the tournament that's out there with the beer cans or with the glass containers. I don't feel like it's our job to have to police work, garbage, pickup garbage upon renting the parks, and the inconsistency they have had in the money or the fee of the parks. A month ago, the park was, well so far this year, the park has been rented twice, no, I mean they have two reservations down. One for about two weeks from now, and one April 2nd and 3rd reservation. This states to me that a deposit of $75 is required upon making the reservations. As of today, one of the reservations that was made has not been paid, but I go to rent the park, and he says to me, it has to be paid in advance. I mean, explain to me what the consistency is. Well, this guy he has to pay $900 for three teams to enter our league, so what! You know, that's no problem of mine, I 'm reading what you say right here. You say $75 has to be paid in advance, why to some and not to others? MAYOR LORD Mr. Broussard, I don't want to cut you short. We do try to, you know, give people the five minutes, but it may be reassuring to you to know that Council just this week has asked the City Manager to review the policies of the Parks and Recreations, and so, we will be doing that and taking a good look at it. And, I think, have you got a summation in writing of the problems as you see it, at all? It would be very helpful to us if you could do that for us, and of course, we have the tape, and perhaps, we could have it transcribed for Councilmembers. This might be helpful to save you writing it out. Tu, if it's not too much trouble, I think I would ask you to transcribe Mr. Broussard's testimony for Council to have because I think that there are some valid points that you bring up and that we'd like to make sure that everything is equitably done. MR. BROUSSARD Okay. MAYOR LORD David, did you want to say something? PAGE 3 MORRIS BROUSSARD, CITIZEN COMMENT COUNCILMAN MOORE I just wanted to say one thing. I talked with Mr. Broussard, I think it was a little over a week ago, and I left a message for you in an effort to go through this policy. One thing I will say in his defense, is that for as long as I can remember, he's always brought sports activities to the City, which, I mean, it's good for the local economy, but he had a great deal of difficulty trying to advance that to a, another level. So, I 'm hoping that, Ray, you and Staff take a quick look at that because we're upon that time of season when a lot of this is going to be going on, and I would like to see more tournaments here, too. And, I think he's made some very, very valid points. So, I 'm sure we can expect that back from you in pretty short order, right? (Laughter from Council) (Unidentifiable comment. . . ) MAYOR LORD Certainly, we have to be consistent in the way everyone is given the policy. COUNCILMAN MOORE Morris, it's good to see you, and hopefully, you'll be back next year. MR. BROUSSARD I was supposed to have some other players, but you know how that is. MAYOR LORD Thank you, Mr. Broussard END OF EXCERPT