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HomeMy WebLinkAboutMIN AUG 24 1982 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD AUGUST 24, 1982 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas, met in regular session this the 24th day of August , 1982 , with the following present : HONORABLE: William E. Neild Mayor Bill Cox Councilman , Ward I Evelyn M. Lord Councilman, Ward II Joseph D. Deshotel Councilman , Ward III Wayne Turner Councilman , Ward IV Ray Riley City Manager Hugh Earnest Asst . City Manager Lane Nichols Asst . City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by the Reverend John A. Mowery, pastor of the First Church of God. The Pledge of Allegiance was led by Councilman Cox. -000- The following proclamations were issued: "Women ' s Suffrage Week in Beau- mont" — August 23-27 , 1982 and "World Communion Day in Beaumont" - August 28, 1982 . -000- The Minutes of the regular City Council session held August 17 , 1982 , were approved on a motion made by Councilman Turner and seconded by Coun- cilman Deshotel. Question : Ayes: All Nayes : None -000- Ordinance No. 82-92 amending City Code provisions establishing fines for overdue library materials was considered: ORDINANCE NO. 82-92 ENTITLED AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT RELATING TO LATE CHARGES FOR LIBRARY MATERIALS; PROVIDING FOR SEVERA- BILITY; PROVIDING FOR REPEAL; AND PROVID- ING FOR A PENALTY. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Lord. Question : Ayes: All Nayes : None -000- Ordinance No. 82-93 authorizing the elimination of outdated complaints from the files of Municipal Court was considered: ORDINANCE NO. 82-93 ENTITLED AN ORDINANCE AUTHORIZING DESTRUCTION OF MUNICIPAL COURT COMPLAINTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL. -141- August 24, 1982 The ordinance was approved on a motion made by Councilman Lord and se- conded by Councilman Turner. Question : Ayes: All Nayes: None -000- Resolution 82-305 authorizing the purchase of 40 cabinet-mounted digital time clocks and flashers for the Transportation Department from D & S Barricading at $20, 160. 00 was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question : Ayes : All Nayes: None -000- Resolution 82-306 scheduling a public hearing on September 28th on the City' s Passenger Amenities Transit Grant application and authorizing the City Manager to execute grant contract agreements in connection with the application (U. S. Department of Transportation - U.M.T.A. ) was approved on a motion made by Councilman Lord and seconded by Councilman Turner. Question : Ayes: All Nayes : None -000- Resolution 82-307 accepting four (4) easements (South End Separator Sewers, Contract #16 - 0. 032 of an acre from Ernest Nichols @ $250.00; Segment 36 Interceptor, Contract #12-A - donation of 0. 0068 of an acre from Affiliates Inc. ; donation of 1. 3164 of an acre from Amoco Production and 0. 0007 of an acre from John Claude Jacks at $25. 00) acquired for sanitary sewer improve- ments was approved on a motion made by Councilman Cox and seconded by Coun- cilman Lord. Question : Ayes: All Nayes : None -000- Ordinance No. 82-94 establishing rates and charges for cable television service provided by Liberty TV Cable, Inc. , in Beaumont was considered: ORDINANCE NO. 82-94 ENTITLED AN ORDINANCE ESTABLISHING RATES AND CHARGES OF LIBERTY TV CABLE, INC. FOR CABLE TELEVISION SERVICE WITHIN THE CITY OF BEAUMONT. The ordinance was approved on a motion made by Councilman Lord and seconded by Councilman Turner. Question : Ayes: All Nayes : None -000- The regular City Council session was recessed so that a public hearing could be called to hear citizen comments concerning a proposal to increase charges for monthly transit ride passes. CITY MANAGER: The next item is a public hearing to be conducted concerning charges for monthly transit ride passes. In this past year, the rates for the bus system were increased; however , that part that related to monthly passes was maintained at the same level as in previous years. Upon review of this , the Transit Advisory Committee determined that the charges being made for monthly passes . . . for special passes were lower than what should be in relationship to the charge that is being paid on a . . . 400 every time the bus is being ridden. They have recommended that the adult pass be increased from the present $10. 00 per month to $15. 00 and that the Reduced Fare Passenger be increased from $5. 00 to $7. 00 and that these fares for the monthly passes would be more in line with those that are currently being charged per ride on the system. They made the recommen- dation as a result of their July 20 meeting and in order for the Council to consider the rate increase a public hearing is necessary to hear pub- lic comments concerning the recommendation being made by the Advisory Com- mittee. -142- August 24, 1982 MAYOR NEILD : Well , in that order . . . that line, I will call a public hearing on the proposal to increase the charges for monthly transit ride passes. Is there someone that will make . . . is there someone that will be making a presentation one way or the other or have you already made it? CITY MANAGER: No, sir, but the UMTA Act does require . . . in other words, I think that it has been considered, but this is an opportunity for any public com- ments concerning the . . . MAYOR NEILD: Is there anyone that would like to address the Transit at this time. Please come to the podium and give your name and address? UNIDENTIFIED from audience: Just a question. Is there any provision being made for senior citizens so they won't be penalized with this increase? CITY MANAGER: The senior citizens . . . this is part of the monthly pass and there is a different rate for senior citizens as opposed in other words, if they will apply their monthly pass and will get one but this is for other than for senior citizens; but persons who want to buy a monthly pass in- stead of paying at the fare box each time they ride the bus. It does not relate to senior citizens. MAYOR NEILD: Would you please come to the podium if you have a comment? CITIZEN: I live in a half-way house . . . MAYOR NEILD : Could you give us your name and address? MICHAEL KILGORE, 1395 Avenue D. Michael Kilgore, 1395 Avenue D. I live in a half-way house and the people living over there, we are on a fixed income and we can pay the $10.00 a month but the $15.00 is going to be kind of hard on us because a lot of us depend on the buses regular and there 's not none of us really handi- capped but we just have a certain amount of money that we can have and our bookkeeper over there, Dee Mitchell , takes care of our money and she was wondering how it was going to effect us because it ' s going to be an in- crease on us - big. MAYOR NEILD: We appreciate that comment . -143- August 24 , 1982 COUNCILMAN LORD: What would this fare be? Would it not be . . . ? CITY MANAGER: It would be increased from $10. 00 to $15. 00 for a monthly pass. This has no effect on any rider paying the rate when they catch the bus. In other words, they pay the individual rate. Only for those who purchase the monthly pass, but it would have an increase then for all adults from $10. 00 to $15.00 per month. MAYOR NEILD : In other words, there was a break in the cost if you bought your pass rather than putting the 400 in the deal . CITY MANAGER: Yes, sir. MAYOR NEILD: Did you figure that excuse me, go ahead, sir. ROBERTO C. FLORES, 2435 Buchanan : Roberto C. Flores, 2435 Buchanan , North Beaumont . In starting this out , this presentation , I was here last time when the bus increase came up and I had to come again. Sometime back during the testimony before the Congressional Joint Economics Committee , Labor Secretary Donovan stated that the Administration plans to slash public service employment programs are not particularly humane but are necessary for the good of the economy. It seems that this proposal is well in holding with those statements of Labor Secretary Donovan. The price increases will be $5. 00 more and $2. 00 more. $5. 00 for the just common rider and $2. 00 as stated on your notice on the bus for the young, the elderly, and the handicapped. $5. 00 and $2. 00 might not be much to very many people but I believe if you rode the bus once or twice, you'd know why it would be an extra burden. I doubt very much if the majority of the people in this room have ridden the bus and know who rides the bus. It ' s a pity that more people did not come but the clientele of this service really probably believe it ' s just a futile effort to come up here because they do not have very much clout if they have any at all. There is more business to follow this that is much more important to the more prominent people in this community. They have more important things to do so someone has to talk for this segment of society. $5. 00 is not much - $2. 00 is not much; you think, but to the people that have to catch this bus day in , day out , and the only way of transportation they have, it means a lot . The gentleman that preceeded me is one person that can tell you what it means, $2. 00 more. The young that go to school by means of bus can tell you. The elderly can tell you. They do not come up here but I will come up here each time you have a proposed increase, you will see me here. I ask you once more as I asked you last time, is there not one among you who can relate to these people - who can give some token opposition or discussion to this proposed increase. It is a pity that we can not de- clare the Transit Bus System blight . Then, perhaps , we could get some kind of consideration. We do not have enough people that have any clout that are concerned about this matter to come up here. There are perhaps others that can come up her concerning other matters before you and every- body blights on the spot . There are many other things that have happened. -144- August 24, 1982 MR. FLORES continued: There are things that have been proposed by the City Council of making parks, maintenance areas - big outcry. Prominent people come by. We want this as a soccer area. It ' s gone by. Zoning changes, people come. They' re changed. They're not allowed to change zones. An increase in transit fares comes up - no one comes. No one with any know. . .no one with any importance, so, someone has to say something. The increases will go through, some kind of increase will go through. But , when you do vote on this increase, I hope that it will at least bother you a little bit , because if you just vote it because it is for economic rea- sons then you have very, very hardened hearts - the same way that is sweeping our country right now. It ' s not humane, but it ' s economically feasible. I believe they said the projected revenue from this would be some $25,000.00 - familiar figure. $25,000. 00 is the same figure some time back for five years for something or other, perhaps you know what it 's for. That ' s all I 've got to say. Like I say, sometimes I come up here and it ' s an exercise in futility. The rate will go through, but someone has to speak for these people. Thank. NELSON ALTER, 1380 Thomas Road: I am Nelson Alter , 1380 Thomas Road, and I didn't come to speak on the matter; but in listening, I note that if we have an old age exemption and a disability exemption , would it be too difficult to provide a hardship exemption for such !a fare? I personally am not effected, but I know of hundreds of people who are and since it is a monthly renewa- ble pass, then I 'm just wondering if it would be too burdensome to in- vestigate a hardship pass? MAYOR NEILD: Is there anyone else that would like to speak at the public hearing? Then I ' ll declare the public hearing closed. -000- The regular. City Council session was reconvened. Ordinance No. 82-95 increasing the charges for monthly transit ride passes was considered: ORDINANCE NO. 82-95 ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES TO INCREASE THE FARES FOR MONTHLY TRANSIT PASSES; PROVID- ING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Lord and se- conded by Councilman Turner. Question : Ayes: Mayor Neild Nayes: Councilman Councilman Cox Deshotel Councilman Lord Councilman Turner -000- The regular City Council session was recessed before a public hearing could be called to consider the proposed designation of an area in south- west Beaumont as an Eligible Blighted Area under the Development Corpora- tion Act of 19 79, as amended, and the Rules of the Texas Industrial Com- mission and concerning approval of a hotel project to be located at the intersection of IH-10 and Walden Road within the boundaries of the proposed Eligible Blighted Area. -145- August 24, 1982 CITY MANAGER: The next item to be considered are two resolutions related to a request concerning the issuance of Industrial Revenue Bonds related to the con- struction of a hotel located at the intersection of Walden Road and In- terstate 10. Prior to that , however, the application was received . . . or a request was received to designate the area in that vicinity as an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the rules of the Texas Industrial Commission which would allow, in other words , as a result of that designation , the issuance of Industrial Development Bonds that would be used in the construction of the hotel. Prior to that designation and prior to considering approving the hotel project , the City Council must conduct a public hearing con- cerning the feasibility and advisability of designating the area as an Eligible Blighted Area under the terms of the Act . The publication was made and advertising was done in accordance with the Act and the public hearing was called by the City Council. , Generally, the . . . what would be required now is for comments to be heard from the public by the Council related to the advisability of that designation. MAYOR NEILD: I will call the public hearing concerning the proposed designation of area in southwest Beaumont as an Eligible Blighted Area under the Develop- ment Corporation Act of 1979, as amended. At this time, those who wish to come and speak, may come to the podium and give your name and address and present your comments. Mr. Hunt , you rose first . MR. THAD HEARTFIELD: Mayor, excuse me. Do you hear the proponents or the opponents first? MAYOR NE I LD: Would the . . . the proponents, I think. MR. TANNER HUNT: Mr. Mayor, I have a preliminary item before the proponents speak. I am Tanner Hunt , 109 West Caldwood. I am an attorney here. I represent Ben Rogers; Servico, Inc. ; and Americano Motel , with my partner, Mr. Dunlap. During the recess, I asked Mr. Neild, in consultation with his attorney, Mr. Nichols , whether it might be possible to ask each witness who testi- fies for and against the resolution today to be swron or asked to affirm their testimony. We have a court reporter present here to accept . . . to administer oaths and accept affirmations. Mr. Mayor, you .indicated . . . you and Mr. Nichols, that you would prefer not to do so and, so, in the alternative, I would request that you inquire whether each witness would be willing to submit to an oath or affirmation , the reason being that we would like to have a record of these proceedings transcribed by an official court reporter that could be used in court at some future time, if we choose to do so. MAYOR NEILD: I . . . this is something that we have never had before . . . come before us , Mr. Hunt , and I think the general reaction is that the answer to your question is no. We will handle this as a normal public hearing that we've always had where people may feel free to come to the microphone and give their testimony of their own free will. MR. HUNT: By general reaction , may I construe that to mean a vote of Council or . . . ? -146- August 24, 1982 MAYOR NEILD: Well , if you would like for me to take one , I would be glad to do so. MR. HUNT: That , as I say, is the alternative to our requesting that witnesses take an oath or give affirmation, I was suggesting that perhaps you could ask them if they would like to of their own free act and will . MR. LANE NICHOLS, Asst . City Attorney: Mayor, I don' t believe a vote would be necessary of the Council . I be- lieve the Mayor should chair the public hearing and be in charge of mak- ing decisions concerning the questions such as Mr. Hunt has asked. MAYOR NEILD: The answer is no. Let ' s move on with the public hearing. THOSE SPEAKING IN FAVOR OF THE DESIGNATION: Mr. Benny Hughes, 1340 Thomas Road, attorney representing Mr. John Q. Hammons, developer of the proposed Holiday Inn to be located at IH-10 and Walden Road. Mr. John Q. Hammons, Springfield, Missouri , developer of the proposed Holiday Inn. Mr. Larry Spillman, 6050 Gladys, Real Estate Broker. Mr. Thad Heartfield, San Jacinto Building, attorney representing the Relay Station Motel. Mr. Datliff Reck, representing the Relay Station Motel. Mr. Robert Ricks, 2398 Evalon , General Manager of the Sheraton Spindletop Hotel. Mr. Pat Phelan , 2460 Long, representing Willowcreek Development . Mr. Dennis Sederholm, President of the Beaumont Chamber of Commerce. Mr. Mark Steinhagen , 155 W. Caldwood, owner of a portion of the land under consideration for the designation as an Eligible Blighted Area. THOSE SPEAKING IN OPPOSITION TO THE DESIGNATION: Mr. Phil Dunlap, 6815 Saratoga, office in the Petroleum Building, attor- ney representing Mr. Ben Rogers; Servico, Inc. , and Americano Motor Inn , Inc. Mr. Ben Rogers, 2030 Thomas Road, representing the Downtown Hilton project . Mr. Fritz (Frederick H. ) Seewald, Jr. , 1590 Infinity. Mr. Rick Warchol , 8890 Gerald, Manager of the Americano Motor Inn. Mrs. Norma Langianese, 429 Yorktown. MAYOR NEILD asked for questions or comments by Council. -147- August 24, 1982 COUNCILMAN LORD: Yes, at this time , I would like to make a comment and a statement . I am aware of what Mr. Heartfield has said and I concur with Mr. Heartiield that I feel there would be a reluctance (by the courts) to overthrow a de- cision of a Council ; however , it has been brought to my attention this afternoon , a short time ago, that there is a second legal challenge being proposed that there would be a challenge to my participation in this vote because of my connection as its legal administrator with the law firm of Orgain , Bell and Tucker. This relationship and those of past Council members with similar relationships has been legally cleared on more than one occasion. The basic and decisive factors are that I am not a partner nor a shareholder in this firm, nor is their financial success of monetary advantage to me. One of the attorneys concerned with this venture is a partner in the firm of Orgain , Bell and Tucker. I have not discussed this matter with him although I see him nearly every day - nor has he made any effort whatsoever to influence me on this or any other matter. A check of the record in fact will show that I have , over the past months, had the courage of my own convictions sufficient unto the time to actually disa- gree and vote against a senior partner in that firm; however, as I rea- lize that time is of the essence and that this Council action today could represent over 250 very badly needed jobs for the people of Beaumont that might be lost in the delay of legal challenge to my participation , albeit my complete confidence that that challenge would fail , I will refrain from the vote on this matter so that there will be no taint on the decision of Council that all concerned will be satisfied that there has been no con- flict of interest nor any appearance of conflict of interest and that mat- ters may go forth propitiously without the encumbrance of further capri- cious challenge. Councilman Deshotel stated that while be was in full support of creating more jobs and bringing more revenue to the City , much as the construction of the proposed hotel would provide , he could not in good conscience vote for declaring the area on IH-10 and Walden a blighted area. Mr . Deshotel said his reason was from a legal point of view, that the area in his opin- ion did not qualify under the definition of "blighted" defined as being in need of redevelopment and one of high unemployment . He further stated he felt it was beyond the authority of the Council to declare the area blighted. Therefore he could not support the resolution presented. COUNCILMAN TURNER: Is this the right time to discuss this or are we going to close the hear- ing first? MAYOR NEILD: Well , before I close the public hearing, I was going to ask if we had any questions of any of the participants here and if we don ' t , I will close the public hearing. If not , I will close the public hearing. Now, does anyone have any comments? COUNCILMAN TURNER: The assistance the City has afforded in the past years, throughout the downtown hotel development project , has not stopped and I will go on re- cord right now that I don ' t plan to stop it . As a matter of fact , actions that will be forthcoming unless some other party may intervene would tell me that within the next several months that there will be additional as- sistance provided for by the City for the downtown hotel development . Now, it seems that not only are we posed with a suit in hand but we are also being told that the downtown hotel project is being held hostage pending this vote. For that particular reason, and for the reasons that are stated by many of the speakers today , being that this is a viable project , that possibly other projects could be forthcoming had the same financial mechanics been available to them for our area, I 'm going to sup- port this. And, not only that , but I would not be opposed to even broad- ening the area so that other portions of the City might also take advan- tage of these same financial mechanical tools , very similar to, and if you -148- August 24 , 1982 COUNCILMAN TURNER continued: will bear with me just a minute, I would equate it very similar to tax shelters or tax deductions - legal in nature, very legal , and those that don' t partake of it hurt no one but themselves and as long as our position is legal - and it is legal because other cities across not only the United States but across Texas have done that . And, for that reason , I am very comfortable that the consideration is legal and for that reason I am going to support it . Resolution 82-308 designating an area in southwest Beaumont as an Eligi- ble Blighted Area under the Development Corporation Act of 1979, as amended., and the Rules of the Texas Industrial Commission was approved on a motion made by Councilman Turner and seconded by Councilman Cox. Question : Ayes: Mayor Neild Nayes : Councilman Councilman Cox Deshotel Councilman Turner Abstained: Councilman Lord -000- Resolution 82-309 approving a hotel project (Holiday Inn Hotel) at IH-10 and Walden Road within the Eligible Blighted Area was approved on a motion made by Councilman Turner and seconded by Councilman Cox. Question : Ayes : Mayor Neild Nayes : Councilman Councilman Cox Deshotel Councilman Turner Abstained: Councilman Lord -000- Resolution 82-310 appointing Maurice Meyers to the Clean Community Com- mission to fill the unexpired term of Richard Ledyard, term expiring October 14, 1982 , was approved on a motion made by Councilman Deshotel and seconded by Councilman Lord. Question : Ayes : All Nayes : None -000- Mrs. Clara Benoit , 1253 Laurel , addressed Council to express her support and appreciation of both the Police and Fire Departments. -000- There being no further business, the meeting was recessed before continu- ing with the City Council Workshop Session. -000- I , Myrtle Corgey, 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 August 24, 1982. Myrtle Corgey City Clerk -149- August 24, 1982