Loading...
HomeMy WebLinkAboutMIN JUN 19 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 June 19, 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 June 19, 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 Mayor Moore called the meeting to order at 1:34 p.m. City Attorney Lane Nicholas gave the invocation. City Manager Stephen J. Bonczek led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tern Goodson, Council members 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 One proclamation was issued: "Betty Greenberg Day," Thursday, June 21, 2001. Public Comment: - Persons may speak on scheduled agenda items. Mr. Allen Lee, 5095 Maddox, addressed Council in opposition to Agenda Item No. 7, recounted allocations previously made by him at a previous City Council meeting about Mr. Jeff Hughes, told Council of their responsibility regarding approval of the Tyrrell Park Horse Stables contract,and announced the U.S.Justice Departmentwill hold publicforum on August 21, at Our Mother of Mercy Church to hear public community concerns and spoke of alleged public corruption. Consent Agenda Approval of minutes of the regular meeting held June 12, 2001 Confirmation of committee appointments - Reappointments: Bill Matthews, Airport Advisory Committee, term expiring February 20, 2003; Frank Messina, term expiring February 15, 2003, Mel Wright, term expiring March 24, 2003, and Rocky Chase, term expiring December 4, 2002 to the Convention and Tourism Advisory Committee; Marie Broussard and Julia Levy, terms expiring May 1, 2003, Phillip Long, term expiring August 31, 2002, Tracy Richardson, term expiring January 15, 2003; and Shaheen Farah, term expiring June 23,2003,to the Historical Landmark Commission; Bill Faucett,term expiring January 17, 2002, Betty Leaf,term expiring February 15, 2003, and Naaman Woodland, term expiring January 20, 2003 to the Library Commission; Beverly Hatcher, expiring January 4, 2003 and Marie Easley, term expiring January 11, 2002 to the Martin Luther King Jr. Parkway Commission; Benny Mendoza, term expiring April 19, 2003 and Adrian Hudspeth, term expiring September 21, 2002 to the Parks and Recreation Advisory Committee; Glen Bodwin, Planning Commission, term expiring August 31, 2003; Lamar Roach, term expiring March 22, 2003, Benn Bundy, term expiring December 14, 2002, Carolyn Howard, term expiring November 23, 2002, and Haywood Walker, term expiring December 7, 2002 to the Reinvestment Zone No. 1 Board of Directors; Mary Jowers, Small Business Revolving Loan Fund Advisory Committee, term expiring February 1, 2003; and The Reverend Amos Landry, Transit Advisory Committee, term expiring September 12, 2002 - Resolution No. 01-146 A) Approve the purchase of clamps(from Industrial Utility Sales Co., Inc.,$16,470), pipe and manholes (from Golden Triangle Pipe, $349,067.80) - Resolution No. 01-147 B) Authorize the granting of a License to Encroach to Apollo Environmental Strategies, Inc. into the rights-of-way of Washington Boulevard (to install a monitoring well adjacent to Block 10 and 11, Arlington Addition, for a one-time fee of$500)- Resolution No. 01-148 C) Authorize the acceptance of a Quitclaim Deed for a .2058 acre tract of land (Block 6, Annie T. Warren Subdivision) from United Rentals, Inc. - Resolution No. 01- 149 Councilmember Ames moved to approve the Consent Agenda. Councilmember 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 approving a contract for the Dowlen Road Sanitary Sewer Interceptor Rehabilitation Project - Phase I Councilmember Smith moved to approve Resolution No. 01-150 authorizing a contract with Brystar Contracting, Inc., in the amount of $2,440,037.55 for the sanitary sewer rehabilitation work on the Dowlen Road interceptor. Mayor Pro Tem Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 2. Consider approving a contract for the Eleventh Street Sanitary Sewer Interceptor Rehabilitation Project - Phase I Minutes June 19,2001 Page 2 Mayor Pro Tern Goodson moved to approve Resolution No.01-151 authorizing a contract with Allco, Inc. in the amount $2,305,113. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 3. Consider approving a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains - Contract III In response to a question, Water Utilities Manager Joseph Majdalani explained Brystar Contracting, Inc., successful bidderforthe Dowlen Road Sewer Interceptor and the Small Diameter Mains rehabilitation projects, would be able to meet time constraints, explained the different style of skills for each project, and affirmed that the contractor is qualified and that both projects can be completed. Councilmember Samuel thanked staff for including the Hybrook and Lynwood areas in the contract and ensuring relief with sanitary sewer and drainage backup problems. Councilmember Smith moved to approve Resolution No. 01-152 authorizing a contract with Brystar Contracting, Inc., in the amount $1,638,724 to rehabilitate 39,687 linear feet of small diameter sanitary sewer lines. Councilmember Samuel seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 4. Consider authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive Capital and Operating Assistance funds for the Beaumont Municipal Transit System Councilmember Smith verified with Transit General Manager Bill Munson that advertising revenue from wrapped buses was not listed because advertisers have not renewed contracts and could not be projected for the next budget year. Council member Ames moved to approve Resolution No. 01-153 authorizing submittal of a grant application to the FTA for Fiscal year 2002. Councilmember Patterson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None Minutes June 19,2001 Page 3 5. Consider authorizing the City Manager to execute an agreement with Theatre League of Louisiana to partner with the City for the presentation of a three-show theatrical series Mayor Pro Tern Goodson complimented last season's well attended performances and expectations for this season, spoke of discussions with Beaumont Music Commission members and encouraged additional dialogue and collaboration with the Commission in scheduling future performances. He added that the Beaumont Music Commission produces wonderful programs for fund raisers and has plans to bring in a Broadway show, and requested staff work to enhance collaboration as an added benefit to the community. Mayor Moore stated there has been ongoing dialogue with the Beaumont Music Commission, staff is sensitive to the collaboration and will continue to avoid conflicts, and added that the community will have a greater array of performances from which to choose. Councilmember Smith moved to approve Resolution No. 01-154 authorizing an agreement with Theatre League of Louisiana (TLL)for a three-show Broadway Theatrical Series at the Julie Rogers Theatre for the 2001/2002 season. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 6. Consider accepting the Concord Road Pavement Widening Delaware Out-fall Contract II A, approve Change Order No. 2 and authorize final payment Councilmember Smith moved to approve Resolution No. 01-155 authorizing Change Order No.2 in the amount of$131,072.12 and final payment in the amount of$307,143.18 to the contract with Excavators & Constructors, Inc. 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 7. Consider authorizing the City Manager to execute a Development and Lease Agreement with Jeff Hughes for the Tyrrell Park Horse Stables Mayor Pro Tern Goodson expressed concern with items not being addressed in the agreement. He noted that Mr. Hughes will be using the renovated caretaker's house as his residence, and there are no safeguards for a default or termination language to avoid a laborious eviction process, and stated he is being cautious because of the unfortunate history of the stables having more failures than successes. He also expressed concern with Mr. Hughes' financial commitment and lease terms being more than the previous proposal. He voiced a preference to making the agreement a matter of performance by giving Mr. Hughes incentives to work hard, expend his investment, make the stables operational, generate revenue, and provide the City with rental fees. He again addressed Minutes June 19,2001 Page 4 safe guards being built into the lease, questioned the length of the lease and noted there is no determination that a ten year lease would be adequate time for Mr. Hughes to recuperate his investment. Mayor Pro Tern Goodson also questioned the performance standards being different than those previously discussed and requested better understanding of the hours and times of operation. He also requested that in-kind services be stated to clarify the City's commitment and financial obligation. City Attorney Lane Nichols confirmed that in the event of a default of the contract, the eviction process would fall under the ordinary laws of the state of Texas in a landlord/tenant process which could be finalized in less than a month. He said the City has the right of re-entry to take possession if the tenant should refuse to leave, and the lease is limited only to Mr. Hughes usage. City Manager Bonczek responded that the in-kind service the City will provide includes basic maintenance, cleanup, painting, and use of prison inmate labor. He noted the lease agreement is for ten years with no guaranteed renewal; the previous agreement was for eight years with a five year option to renew; and Mr. Bonczek stated he feels it is a reasonable compromise to extend the lease for two years without a guaranteed renewal. Central Services Director Kirby Richard added that the City will provide labor for painting, and Mr. Hughes will furnish the paint. Installation of security cabling in front of the stable area for an estimated cost of$1,500 will be an additional cost. He said expenses will be minimal, except for painting labor costs. The inmate labor is free. Additional discussion included a desire that the stable not deteriorate any further, but with present budget constraints, efforts be made to avoid cash outlays; a request for a cost comparison of demolition versus the benefits of the stables being rehabilitated to meet codes; time period for renovations to be complete, Mr. Hughes' financial ability and business plan. Mr. Jeff Hughes expressed appreciation for Council's reconsideration of a lease and informed Council that he will have cash money available for renovations next Tuesday. If an agreement is approved, Mr. Hughes said he will expedite renovations and spoke of the importance of working together to make the project a success. Mayor Pro Tern Goodson questioned the provision of the lease concerning the City's responsibility of the roof systems, exterior walls, and stables, and what other costs can be expected to be incurred other than labor during the term of the lease. Central Services Director Kirby Richard responded that a roof was installed in 1983, the renovation of the house will include new shingles, and said he does not foresee any major costs, especially with the roofing system. He said renovation of the exterior walls will be part of the proposed improvements and will need repainting within five to seven years. Mayor Pro Tern Goodson further questioned the City's responsibility for the roof of the caretaker's house, if Mr. Hughes refurbishes it, and expressed a need for clarification of the roofing system. He voiced concerns regarding no liens or mortgages allowed against improvements made, contractor's performance and payment bonds, and avoiding subjection to liens for the improvements Minutes June 19,2001 Page 5 In conclusion of discussion, City Manager Bonczek stated that he and staff have completed a thorough background check, and said he feels comfortable in moving ahead. Councilmember Patterson moved to approve Resolution No. 01-156 authorizing a ten- year agreement with Jeff Hughes for the renovation and lease of the Tyrrell Park Horse Stables. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Cokinos,Ames,Samuel,and Patterson Noes: Mayor Pro Tern Goodson Mayor Pro Tern Goodson explained that his vote was made because of the significant outlay, previous operators with less than stellar results, being in a tight budget period with any expended revenues being an important issue, and a personal need for more details about the ten-year lease, capitalization, and business plan. Mayor Pro Tern Goodson wished Mr. Hughes success in operation of the stables. Mayor Moore stated that Council is concerned with wise budgeting, and Councilmember Samuel commented that if nothing is done, the structure will have to be demolished. The City Manager said he will meet with the City Attorney and Central Services Director to tighten up the lease agreement and address Mayor Pro Tern Goodson's concerns, and said an estimate for demolition will be provided. In response to a query by Mayor Moore, City Attorney Lane Nichols said he has prepared a list of the items of concern expressed by Council that includes additional information regarding hours and days of operation, the City's in-kind obligation with a dollar figure, specifics regarding liens or mortgages against the property, and Mr. Nichols said restructuring time limits and incentives for generating income to the City will require bi- lateral approval from Mr. Hughes. 8. Consider approving the sale of six parcels of surplus City owned property Councilmember Smith moved to approve the Resolution No. 01-157 authorizing the sale of six parcels of surplus City property: Parcel No. 2 - Lots 1, 2, 3 and 4, Block 54, Van Wormer Addition (27,879 sq. ft.) to The Modern Company for$5,100.25; Parcel No. 3 - East 50 feet of Lots 2, 3,4, and 5, Block 1, Simpson Addition (6,470 sq.ft.)to The Modern Company for $1,607; Parcel No. 4 - Tract 44, City Plat D-19, A. Williams League (5.05 acres) to T. W. Moak, Sr. for $2,607; Parcel No. 5 - Lots 1, 2, 3, 4, 9, 10, 11, and 12, Block 42, Calder Addition (57,925 sq. ft.) to Alton Laird for$23,103; Parcel No. 6 - Lots 7, 8, 9, 10, 11 and 12, Block 39, Jarrett Addition (14,250 sq. ft.)to The Modern Company for$5,862; and Parcel No. 7 - Lot 8B, Block 1, South Park Fourth Addition (2,565 sq. ft.) to Wallace Downs for$200.00. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None Minutes June 19,2001 Page 6 9. PUBLIC HEARING: Sale of 4.07 acres of Central Park property Consider authorizing the City Manager to execute all documents and do all things necessary to sell the 4.07 acres of Central Park property The public hearing opened at 2:29 p.m. No one chose to speak, and the public hearing closed at 2:30 p.m. Councilmember Smith moved to approve the Resolution No.01-158 authorizing the sale of 4.07 acres of Central Park property to Baptist Hospital of Southeast Texas in the amount of$575,000. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None COMMENTS *Councilmembers comment on various matters Councilmember Smith commented she was asked to read a proclamation in Mayor Moore's stead for the Prostrate Awareness Program, stated the program was a booming success with lines outside the building by 8:30 a.m. Mayor Pro Tern Goodson reported that the Governor has signed legislation giving cities the opportunity to use the design/build type program which allows cities and other governmental entities to award bids on best bid as opposed to the lowest bid. He expressed hope that this will enable the City to use more local labor forces and commented about the good fortune of the City of Beaumont having qualified, local contracting companies. CouncilmemberAmes extended sympathy to the family of Dr. Gerald Brassard who passed away on Thursday and his funeral was held this morning. She commented that he served on City Council during the early 60's, was very involved in the community, and a very good friend and neighbor. Councilmember Samuel complimented well attended Juneteenth celebrations and expressed disappointment in not being able to attend the celebration at Fletcher Mini Park, extended appreciation to the Avenues Neighborhood Association for their participation, and said the event was reported in the newspaper. He announced that a meeting will be held at the Elmo Willard Library Thursday, June 28, at 6:00 p.m. to address flooding and sewage problems in the Lynwood Drive and Hybrook Lane area, simultaneously with the Ward III Neighborhood Association meeting,and expressed appreciation to staff fortheirsupport in making preparations for the meeting. Councilmember Samuel requested anyone interested in becoming a part of the Christian Coalition of Leadership to contact him at City Hall for further information. He commented he is not in favor of the stormwater fee, but is in favor of a $.05 property tax increase to address budgetary concerns. Minutes June 19,2001 Page 7 Councilmember Patterson announced that on Thursday, June 28,the South Park Neighborhood Association will meet at the South Park Baptist Church, Concerts in the Park will begin Sunday, 5:30 p.m. to 8:00 p.m., at Sprott Park, featuring entertainment by the Jazz Innovators, and reported attending a mass reunion of Hebert High School Association Alumni. Mayor Moore extended appreciation to Councilmember Smith for covering the prostrate screening program on Saturday while he attended a successful fund raiser for the Spindletop MHMR, to Councilmember Patterson for addressing the class reunion with over 1,000 participants, to Councilmember Samuel for addressing the Juneteenth celebration, and Magic 102.5 radio station for sponsoring the event in conjunction with Life Start, EMS, Sprint, PCS and Community Bank. Mayor Moore said the Juneteenth celebration at Fletcher Park featured outstanding renditions of gospel music and performances by young student dancers, and extended appreciation to the First Methodist Church youth workers and sponsors for working on homes in the community. *City Manager Report - Budget Worksession; Second Mortgage Housing Program; Tropical Storm All Management;Agenda Delivery Process;Summer Reading Club At The Beaumont Public Library System City Manager Bonczek requested Council approval to cancel the June 26, 2001 City Council meeting to prepare for a Budget Work Session on June 28 at 1:30 p.m., reported that information has been distributed to Council concerning the 1991 Series Bonds issued for housing and how proceeds can be used to benefit the general fund, and how the Second Mortgage Housing Program proceeds will be used to borrow money to issue bonds. Mr. Bonczek reported that City Council Agenda Packets will be delivered to Councilmembers on Friday mornings, and that activities and participation in the Library System's Summer Reading Club are going well. Mayor Moore reported attending an event honoring Ms. Kitty Manley fortwenty years of volunteer service to the community, and said she made the Best Year's Center's Wall of Fame last week. He reported being in contact with the Emergency Management Team concerning opening FEMA centers at prospective locations to assist flood victims with claims. Councilmember Samuel requested that staff schedule a representative of FEMA to attend the neighborhood association meeting next Thursday, if possible. *Public Comment (Persons are limited to three (3) minutes). Mr. Allen Lee, 5095 Maddox, addressed Council to announce that members of the Justice Department will be at Our Mother of Mercy Catholic Church on August 21, 2001, at 7:00 p.m. to make an assessment of civil rights violations that have occurred in Beaumont. He stated there is no African-American prosecutors in the District Attorney's office,claimed there is racial profiling at Collier's Ferry Park, and said he has been dealing with the Regional Director of Community Relations Service of the U. S. Justice Department for the last three months to organize this forum. He discussed citizens having opportunity to express concerns, inspection of the two YMCA's, spoke of problems with the Port Commission, selective prosecution in the District Attorney's office, and a diverse composition of the committee that includes a priest, a minister, three White people, four Black people, and one Hispanic. Minutes June 19,2001 Page 8 Mr. Jesse Doiron, 635 Sue Lane, addressed Council to request continued support of the Literacy Depot and spoke of the number of illiterate persons that receive adult basic education to extricate themselves from low wages and other factors of life limited by lack of education. He further spoke of the Depot being part of a consortium to eradicate illiteracy in Southeast Texas that now stands at 30 percent, volunteers who give of themselves willingly and generously, and on "behalf of some of Beaumont's neediest citizens and in support of some of its finest citizens," Mr. Doiron again asked Council to budget for the Literacy Depot. Ms. Cary Rocz, 545 Euclid, first addressed Council by signing a greeting to them, asking if they understood, and used it as an illustration of how people feel who cannot read. Ms. Rocz said she attends Lamar University where she is minoring in reading, said she tutors basic reading to adult clients, cited her experiences at the Depot, and said it makes economic sense to keep the Literacy Depot open. Ms. Beatrice Buller, 566 Devon Drive, addressed Council as a volunteer at the Literacy Depot and a retired teacher teaching English as a second language. She thanked Council for restoring the railroad station into the Literacy Depot at the corner of Franklin and Martin Luther King Parkway. Ms. Buller stated that she has taught students from Russia, China, Germany, Mexico, and Puerto Rico, and they are not only learning the English language, but about America. She spoke in support of continued funding for the Literacy Depot, said the Depot centralizes their efforts, and it is money well spent. Mr. Joe Watt, 4070 University Drive, also addressed Council in support of continued funding of the Literacy Depot and characterized that one in three persons in Beaumont is still in slavery of functional illiteracy, cited problems for non-English speaking persons,contrasted the ability of the non-bilingual staff at the main library to the bilingual staff at the Literacy Depot to serve the needs of the clients, and in support of expanding instead of cutting the literacy program. Ms. Sarah Tusa, 4055 Hartel, addressed Council to reiterate support and comments of previous speakers and to comment about the trained staff at the Literacy Depot and the common goal of clients and tutors to achieve a better and more productive life for the clients. Mr. Don Jacobs, 5915 Marcus Drive, addressed Council as a representative of Mr. Tom Harken to voice Mr. Harken's commitment to the literacy program and his pledge to raise private funding to keep the Literacy Depot open. He said Mr. Harken is in Lufkin delivering a speech, but wanted reiteration of his commitment. Mr. Jacobs stated that the Depot is not intimidating as other structures might be and strongly urged support of literacy. Ms. Linda Dugger, 4030 Hartel, addressed Council in support of continued funding for the Literacy Depot and told of the experiences of her brother-in-law not being able to read. After losing his job, he discovered a health problem that prevented him from performing manual labor. Because he can not read, he cannot be retrained for another job, cannot read to his children, help with their homework, or read his Bible for personal pleasure. Her brother-in-law resides in Arkansas where there is no literacy program available for him. Ms. Dugger urged continuance of the literacy program so the 30 percent who cannot read do not have to live on $500 per month social security income. Mr. Leroy Lewis, III, 1201 Euclid, addressed Council to thank the Police Department and Chief Coffin for keeping crime curtailed, stated that Black police officers need to write more tickets to Minutes June 19,2001 Page 9 avoid accusations of police profiling, spoke in support of a street use fee, stated that trees at Washington and Pennsylvania need to be trimmed, requested that Washington Boulevard be rebuilt because of damage by heavy truck traffic, asked that the street be widened in the area of Blanchette Elementary School,said he would like$300 million in capital funds for Ward IV curb and guttering, said he was advised by personnel from Congressman Lampson's office that the City Manager should request the funding, reported lights out in various areas, said the feeder road near Calder and IH-10 needs rehabilitation, complained of stray animals, and thanked the City Manager for responding to his calls. Mrs. Dora Nisby,4520 Corley,addressed Council to express understanding of financial crunches facing the City and requested that each department share equal budget cuts and that the Library not receive a larger cut than another service. Mr. Owens Devillier, 1328 Caldwell Avenue, addressed Council to express appreciation to City Council, City Manager Stephen J. Bonczek, Judge Larry Gist, and District Attorney Tom Maness for being instrumental in helping the How Center remain open for ten years to serve hundreds of people. Mr. Devillier stated he is the Founding Executive Director of the Center and is now turning over its operation to the Board of Directors. Mr. Richard Osborne, 3470 Briar Way Drive, addressed Council as President of the Advisory Council of the Literacy Depot, to strongly urge Council to keep the building open, reported that donations to the City for the literacy group would need to be refunded if the Depot is closed, and said the Depot will cost $9,000 per year for the purchase of the building plus maintenance because of registration with the Heritage Society. He remphasized the City's obligation to maintain the structure in the event of closure, community needs for the Depot,and urged Council to continue funding. Mayor Moore thanked everyone for their attendance,spoke of consideration for citizen concerns, explained that the Management Team is looking at ways to cut costs and Department Heads are bringing back recommendations for Council consideration, and expressed appreciation for today's input. There being no further business, the meeting adjourned at 3:11 p.m. I r David W. Moore, Mayor Barbara Liming, City Clerk Minutes June 19,2001 Page 10