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HomeMy WebLinkAboutMIN SEPT 09 1997 M I N U T E S _ CITY OF BEAUMONT Lulu L.Smith DAVID W. MOORE, MAYOR Becky Ames, Mayor Pro Tem Guy N.Goodson CITY COUNCIL MEETING Andrew P.Cokinos John K.Davis SEPTEMBER 9, 1997 Bobbie J. Patterson Lane Nichols,City Attorney Ray A. Riley,City Manager Patrice Fogarty,City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on September 9, 1997, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING *Invocation Pledge of Allegiance Roll Call *Presentations and Recognition *Public Comment: Persons may speak on scheduled agenda items *Consent Agenda Mayor Moore called the meeting to order at 1:35 p.m. The Reverend Ralph Thompson, Amelia Baptist Church, gave the invocation. City Clerk Patrice Fogarty led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson. Also, present were Ray A. Riley, City Manager; Lane Nichols, City Attorney; Patrice Fogarty, City Clerk; and Barbara Liming, Deputy City Clerk. *Presentations and Recognition Three proclamations were issued: "Second Annual Veterans' Salute and Benefit," September 9-11, 1997; "United Way Week," the week of September 8, 1997; and "Assisted Living Week," September 7-13, 1997. Mayor Moore recognized Municipal Court Administrator Winnie Kocot for recently being honored by the Texas Municipal Courts Association when they presented her with a plaque for her "outstanding contribution to the fair and impartial administration of justice." She is serving as president of the Texas Court Clerks Association, has been a member of the board of directors of TCCA since 1988, and has served as project director this year in creation of a municipal court clerks' certification program sponsored by the TCCA in cooperation with the Texas Municipal Courts Education Center and Texas Municipal Courts Association. Mayor Moore and Councilmembers congratulated Winnie for her achievements and coordination of the municipal court clerks' certification program, and Councilmember Smith noted that Winnie received an award earlier this week as a five-year volunteer instructor in Beaumont's literacy program. Mayor Moore added his thanks to Ms. Kocot, all other volunteers and to Maurine Gray for their participation in and contribution for success of the literacy program. Also, Mayor Moore reported that Councilmember Cokinos, Councilmember Smith, former mayor Evelyn Lord, others in the audience and he had the opportunity to be at Roy Guess Elementary School when the announcement of a national pilot program launched by BISD, "Achieving Love, Respect and Dignity, for kindergarten students was made. The program is the dream of Sarah Schultz that all mankind will live in peace and harmony, that children may know the importance of respect, sharing, manners, responsibility, thankfulness, patience, forgiveness and honesty and dolls are used in the classroom as visual aids to instill these qualities into the lives of the children. The program in Beaumont is funded by Regina Rogers and her mother in memory of her father, Ben Rogers. Councilmember Smith added that Dr. Mary Gagne and John Conway are involved in other aspects of this program, and we should expect to see some very innovative things occurring in the public school system. *Public Comment: Citizens were invited to comment on the Consent and Main Agendas. No one wished to comment on these items. CONSENT AGENDA The following consent agenda items were considered: * Approval of the minutes of the regular meeting held September 2, 1997; * Confirmation of committee appointments - No appointments A) Approve an annual contract for the purchase of slag base material for use in various City departments (from Ted Schreck Trucking for estimated expenditure of$15,000) - Resolution No. 97-201 B) Authorize the Police Department to apply for and accept a grant from the Texas Automobile Theft Prevention Authority (Total grant$290,000; Beaumont's portion would be $159,389) - Resolution No. 97-202 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None GENERAL BUSINESS Minutes;919197;Page 2 1. Consider authorizing a traffic signal upgrade project subject to approval from the Texas Department of Transportation; Councilmember Smith moved to adopt Resolution No. 97-203 authorizing a contract with A & G Eberhardt Enterprises, Inc. in the amount of$219,538.14 for the Loop Detector Project funded through TxDOT under the Congestion Mitigation and Air Quality program upon their approval. Mayor Pro Tem Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 2. Consider authorizing the purchase of equipment for use in the Water Reclamation Division; Councilmember Cokinos moved to approve Resolution No. 97-204 authorizing purchase of two (2) screw grit classifiers from JDV Equipment Corporation in the amount of$66,900.00. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 3. Consider approving a contract for a third party administrator for the City's self-insured workers' compensation program; Councilmember Smith moved to approve Resolution No. 97-205 authorizing a two-year contract, with third year renewal option, effective October 1, 1997, with Willis-Rollison to serve as the City's third party administrator for an estimated cost of$64,245.00. Mayor Pro Tem Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 4. Consider approving a contract for excess workers' compensation insurance; Councilmember Smith moved to approve Resolution No. 97-206 authorizing a two-year contract, with third year renewal option, effective October 1, 1997, with T.E. Moor & Company, agent for Zurich American Insurance Company, for an estimated premium of Minutes;9)M7;Page 3 $20,277.00 for the first year and $18,777.00 for successive years. Mayor Pro Tem Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 5. Consider approving a contract for supplemental life insurance benefits Councilmember Goodson moved to adopt Resolution No. 97-207 authorizing a two-year contract, with third year renewal option, effective January 1, 1998, with CIGNA (FARA Benefit Services, agent) for supplemental life insurance benefits. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 6. Consider approving a contract for medical stop loss insurance; Councilmember Cokinos moved to adopt Resolution No. 97-208 authorizing a contract with American Fidelity Assurance Company (FARA Benefits Service, agent) with a first-year estimated annual premium of$60,289.00. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None COMMENTS * Councilmembers comment on various matters: Councilmember Smith complimented the wonderful ceremony dedicating the Warren Loose Conservatory at the Beaumont Botanical Gardens in Tyrrell Park last Sunday afternoon, thanked Mrs. Marie Broussard, president of the Botanical Gardens, Myra Clay, president of the Garden Club, and all members who worked so hard to make such a beautiful facility available. Mayor Pro Tem Ames added comments about the breath-taking beauty of the conservatory, said the dedication was a very nice event and encouraged everyone to visit the facility. Minutes;9/9/97;Page 4 Mayor Moore congratulated Marie Broussard and Myra Clay for producing a great afternoon in dedicating a tremendous facility in the Warren Loose Conservatory that cost in excess of a quarter million dollars of private funding and said it is a great representation of our community. Mayor Moore spoke of a tree failing in Tyrrell Park during the dedication ceremony and told City staff that perhaps a "tree review" is in order because some seemingly healthy looking trees are leaning toward the parking lot. He said the Tyrrell Park Neighborhood Association meeting held last night was very interesting, complimented Councilmember Patterson and those association presidents in attendance for their contributions in guiding the meeting and thanked all other neighborhood association groups for their support. * Public Comment (Persons are limited to 3 minutes) Mrs. Marie Broussard, 1185 Ivy Lane, expressed pride in near completion of the Warren Loose Conservatory, appreciation to Council for their support of Garden Club efforts, and said the tree that fell on Myra Clay's automobile Sunday appeared to be healthy. Mrs. Broussard announced that a meeting establishing rules and hours of operation for the conservatory will be held at 2:30 p.m. today, and probably will be open from 10:00 a.m. to 5:00 p.m. on Saturdays and 12:00 p.m. to 5:00 p.m. on Sundays. She said that upon final completion, there will be another publicized free day for the public and then be open on a regular basis. Mrs. Broussard commented that not only was $250,000 contributed in private dollars for construction, but innumerable volunteer hours were given upon which no value can be placed. Also, she explained other opportunities that remain available for purchase such memorial bricks and trees. Mrs. Myra Clay, 1825 Rikisha, voiced appreciation for the interest of not only City leaders, but that of the citizens of Beaumont in the conservatory, and said it will be visited by people from all 50 states and more than 40 countries throughout the year. Mr. Mark Williford, 2380 Briarcliff, Chairman of the Southeast Texas Council on Family Values, addressed Council to request formulation and passage of a city ordinance, similar to the one recently passed by the Jefferson County Commissioners, regulating sexually- oriented businesses. He requested that passage of an ordinance within the city to allow for police and health inspections. Mr. Williford quoted statistics of a March, 1996, study that found at least 50 communicable diseases may be spread by clandestine sexual activities within these establishments. He questioned blood or other bodily fluids that might remain between customers and spread disease. Because there is no such ordinance, he said that a private investigation revealed that the Spindletop Motel on Martin Luther King Parkway rents rooms by the hour, that the Tonga Club operates within 1,500 feet of go-cart track, a roller skating rink and high school and claimed that absence of an ordinance contributes to creation of a regional sex center, again asked for placement of an ordinance on a Council agenda and presented a copy of three reports for reference materials. Minutes;9 W7;Page 5 The Reverend Ralph Foster, 3060 Willowood, as a local pastor addressed Council to encourage adoption of an ordinance that corresponds to the one passed by the County Commissioners on all sexually-oriented businesses within Beaumont. The Reverend Foster stated that other speakers will present statistically verifiable, harmful affects of this unrestricted activity on our city, but said he speaks from a personal perspective. He told of counseling a number of men who have been emotionally crippled and their families have been harmed by the addictive affects of pornography and related sexually explicit activity. He said this enslavement robs one of his self-will and hinders his ability to respond rationally to this open, unregulated sexual stimuli, and said the outcome without intervention is at least shame and at the worst is involvement in criminal activity with the loss of dignity and often with the loss of family. The Reverend Foster said he does not ask Council to adopt his view of morality or righteousness, but asked that they yield to a sense of common decency that is inherent in most of us. Also, he related his children's comments as they drive by these establishments that engage in cubical and private nude dancing as being the "nasty part of Beaumont" and their wonder in why they exist and again asked that Council adopt the same ordinance for Beaumont as Jefferson County courageously adopted that shows a deep concern for families. Mr. George Blake, 2098 McFaddin, spoke in support of passage of a sexually-oriented business ordinance that would be at least as strong or perhaps even stronger than the one passed by Jefferson County. Mr. John Fisher, 3870 Ernestine, stated to Council that crime, poor health conditions and declining property values go hand in hand in relationship to the sexually-oriented businesses that have been addressed, said the solution of each of these issues could be easily and reasonably solved by adopting the same kind of ordinance passed by the Jefferson County Commissioners and urged the City Council take action. Mr. Benny Mendoza, 5655 South Kenneth, on behalf of the Neighborhood Association of the Avenues, invited Council to attend a concert on September 14 at Wall and Orange Streets. He said the festivities will begin at 1:00 p.m., invited Mayor Moore to speak at 2:00 p.m. and said there will be barbequed links and chicken and music for entertainment. Mr. Tony Sacker, 4635 Elmherst, addressed Council to express various views regarding regulating businesses, permit fees, train whistles blowing, noise from boom boxes, smoking regulation, trying to produce jobs and encourage business productivity and closing businesses by regulation and Beaumont's morality. Mr. Robert Hazmark, 2360 Rusk, addressed Council to encourage adoption of an ordinance that will restrict sexually-oriented businesses within the city limits. Mr. Hazmark said that as a businessman, it is difficult for him to recognize these establishments as a legitimate business because businesses produce products and provide services, and they provide no product, but are an incubator for prostitution, drug abuse, alcoholism and rape. He said they provide no service, but to degrade women, pervert the minds of men and endanger Minutes;9)9G7;Page 6 children and have nothing to offer that promotes love, respect or dignity as spoken of earlier with BISD's new program. Mr. Hazmark said that legitimate business owners have cited negative impacts from the presence of sexually-oriented establishments as lowering property values, difficulty in recruiting employees and a deterrence of patronage by women and families. He spoke about Lamar University recruitment, the possibility of some parents choosing another college because of proximity of less than a quarter mile of these establishments to the college, and said Beaumont residents are looking to Council to set a standard to protect women and children from cultural pollution spread by these establishments. Mr. Collins Giron addressed Council regarding information he requested last week about an ordinance related to obstruction of a sidewalk in front of one's home. He reviewed his son's arrest, moving from the residence and said he has not received the requested information. Mayor Moore said he received a report yesterday too late for him to call Mr. Giron. He apologized and said the incident was most unfortunate. City Attorney Lane Nichols informed Mr. Giron that the charge has been dismissed. Mr. Giron was invited to remain after the meeting for further discussion. Mr. Lynn DeMary, 430 East Elgie, distributed copies of the Citizens on Patrol report for the month of August to Council, said there is a slight decrease in crime overall, but a slight increase. Mr. Don Jolly, 882 Pipkin, thanked those who spoke in support of passing a sexually- oriented business ordinance and expressed appreciation for their willingness to speak. EXECUTIVE SESSION * Executive Session in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: Eleanor Means v. City of Beaumont There being no further business, the meeting adjourned at 2:45 p.m. to reconvene in executive session. Mayor David W. Moore Patrice Fogarty, C' Cler Minutes;9 W7;Page 7