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HomeMy WebLinkAboutMIN JAN 31 1995 w REGULAR SESSION CITY COUNCIL- CITY OF BEAUMONT HELD JANUARY 31, 1995 - 7:00 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 31 st day of January, 1995, with the following present: HONORABLE: David W. Moore Mayor John K. Davis Mayor Pro Tem Councilman,Ward III Andrew P. Cokinos Councilman-At-Large Becky Ames Councilman-At-Large Lulu L. Smith Councilman,Ward I Guy N. Goodson Councilman,Ward H Calvin Williams Councilman,Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Barbara Liming Deputy City Clerk -000- The Invocation was given by the Reverend James Blackwell, South Park Baptist Church. "Shall we pray. Our Heavenly Father, we're thankful for the opportunity to publicly gather like this and participate in our government. Thank you for a Mayor and City Council and all of those that work with them. Lord, we're mindful tonight of Mr. Henry Dannenbaum, that spirit of a man that was here so long among us. Lord, as we read in the Bible in the book of Job that the angels still give their reports of things upon earth, we know that at the end of that line of angels reporting will be this little spirit of a man. And, Lord, we know that you will accept him lovingly, as they have received him here within these halls of City Council, and Lord, we pray that his memory might remain among us, this little spirit of a man whose spirit was always two sizes larger than his body. Thank you, Lord, for his life. We pray that his memory might live in our hearts, and in the heart of our Mayor and the heart of this City Council. For his life, we give thanks in Jesus' name. Amen." The Pledge of Allegiance was led by Dr. Sam Lord. -000 The first Proclamation issued recognized the "Evelyn M. Lord Teen Court," commended the leadership qualities in teen participants, agencies that contributed expertise, and encouraged support of endeavors of this 23 volunteer program. A plague was presented to former Mayor Evelyn M. Lord by the Young Lawyers Association that will hang in Municipal Court, and certificates were presented to the teens that volunteered from 4 to 31 hours to the program by Teen Coordinator, Nancy Shilhab. Mayor Moore introduced Mr. David Dannenbaum of New York City and Mr. Bob Dannenbaum of Wittier, California., brothers of the late Mr. Henry Dannenbaum and called them forward, along with Mayor Lord, Chief of Police Tom Scofield and Sergeant Sonny Chambers. Chief Scofield said that "Henry, several years ago kind of adopted the Police Department, and as a result,we adopted Henry. He meant a lot to all of us at the Police Department...Sonny pinned a Junior Police badge on him, somewhat similar to these, and throughout that time Henry took a lot of pride in the Police Department—Henry always came to our defense. Henry was very proud of this city and many things. He loved the Beaumont Police Department. We really did love him." Chief Scofield presented a Beaumont Police Department lapel pin to David and Bob Dannenbaum as a reminder of Henry's association and friendship with the Beaumont Police Department. Mayor Moore said "Henry was a very, very special friend of this City Council and this city. And, he had a spirit that was unlike anyone else that I have ever known. His attendance record was superb. His attendance record was probably longer than anybody's tenure here on Council...and the one thing I can say about him is that he was persistent, and he was always very sincere in those things that he felt strongly about." Mayor Moore presented the second Proclamation that recognized "Henry Dannenbaum" as an ambassador for Beaumont to David and Bob Dannenbaum.. Three additional Proclamations were issued: "Jump Rope for Heart Week," February 6-10, 1995; "National School Counseling Week," February 6-10, 1995; and a Proclamation commending the efforts of students and their teacher, Lynn Buchwald, from the Austin Middle School Individual Humanities Classes for launching the "Special Needs Awareness Program" to help the homebound, elderly or physically challenged in times of disaster. -000- Ms. Susan Huval, owner of Cookies in Bloom, presented an elaborate edible cookie arrangement to Mayor Moore and boxes of decorated gourmet cookies to Council, announced that Cookies in Bloom will host grand opening ceremonies on Thursday, February 2nd, in the Kroger Shopping Center at 318 North 23rd Street at 11:00 a.m. and invited Council to attend. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held January 24, 1995; Resolution No. 95-28 appointing Raymond Chaisson to the Community Development Advisory 24 Committee for a term expiring January 30, 1997 and reappointing Mary Jowers to the Civil Service Commission for a term expiring January 31, 1998; and Resolution No. 95-29 authorizing execution of a Pipeline License Agreement with Mobil Pipe Line Company to install approximately three hundred and ninety-three (3 93) feet of sixteen(16) inch pipeline to transport crude oil across Sulphur Drive, Florida Avenue, Vermont Avenue, Olin Road and a forty(40)foot unnamed dedicated street right-of-way. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Williams. Question: Ayes: All Nayes: None -000- Citizen comment was invited on the Main Agenda. Mayor Moore said he received a number of calls this week, and while he was out of town received a call probably from the youngest caller yet to City Hall, and invited Drew Nelson, age 8, to speak first. Drew Nelson, 645 Kennedy; Mrs. Marie Calcote, 5615 Duff, Dr. Tom Nelson, 645 Kennedy, Robert Lynn DeMary, 430 East Elgie; Bruce Drury, 3555 Long; Roberto Flores, 2425 Buchanan; students: Kate Hill, 4715 Monticello; an unidentified student; Daniel Alter; Jay Farris, 5740 Pickwick; Jennifer Hood, 1250 Nottingham; Elliot Beck, 1490 Wellington Oaks; Neil Bost, 750 Goodhue; Hunter Rush, 885 Elaine; Greg Bush, 4610 Monticello; Kathleen King, 488 Elmwood; and Lindsey Hullet, 1290 Sheridan Drive addressed Council in support of continuance of the curbside recycling program in the City of Beaumont and cited various environmental and ecological reasons for recycling, even it an additional cost to residents is necessary. Mr. Tony Sacker, 4635 Elmhurst Drive, addressed Council in opposition to adding an assessment of$1.25 to each resident's water bill to continue curbside recycling. Mr. Dale Murray, 8315 Highway 105, addressed Council to explain that he came to this meeting to oppose a fee-paid recycling program, but after listening to the persuasive remarks of the adult and children advocates if recycling, he is totally impressed and has done a 180 degree turn and is excited about Beaumont and the recycling program. Ms. Glenda McCray, 6429 Bigner, said she favors the recycling philosophy, but expected to see a decrease in the cost instead of an increase to residents, and said the bins should be on wheels and easy to move for elderly, handicapped or weaker citizens. Ms. Addie Allen, 9695 Gross, supported recycling, said even a $1.25 fee would impact some households, suggested that an incentive be given to those that recycle, consider a graduated fee for those with limited incomes and other monetary alternatives. 25 City Manager Ray Riley reported that the first item on the regular agenda is presentation of the Comprehensive Annual Financial Report for Fiscal Year 1994 with expenditures in excess of$115 million. He said the Charter requires that a comprehensive report is completed along with an audit by independent auditors, and that the firm of Cook, Shaver Parker&Williams, P.C. was appointed to perform the audit for the City of Beaumont. Mr. Riley asked Mr. Ted Williams to make comments. Mr. Williams thanked Council for the opportunity to serve as auditors along with Botely & Harrington, and thanked Mr. Riley, Mrs. Beverly Hodges and the Accounting Department staff for their assistance. He said the City's accounting records are as good as any he has seen. He said there is a clean opinion in the financial statements. Receipt of the Comprehensive Annual Financial Report for Fiscal Year 1994 was acknowledged on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None Mr. Riley said "the next item is relative to the initiation of a recycling fee and continuing the curbside collection program for the Solid Waste Management Department. Council has the information that' s been presented previous to you on several occasions, but certainly, the information that...you have received is that we've been operating a very successful recycling program for the past three years. During this past year, over 25,000 tons of waste was composted at the Landfill at a cost of about $6.00 per ton. That's by comparison to $12.00 a ton had it been put in the Landfill. Twenty-three thousand tons represents 23% of all that was collected that we successfully avoided putting in the Landfill and at a reduced cost. And, certainly, it has become a very most essentially effective program...and we certainly must continue our composting program and continue to emphasize it. The second part of the recycling program has been curbside collection. Three years ago we initiated a program whereby we contracted...BFI to provide collection at the curbside. During this period of time, we have on an average, on an annual basis, collected about 2,500 tons. That represents 2% of what would have gone in the Landfill. We've been spending at a cost very close to $525,000 a year, net, after the recovery of the cost of the materials that were sold. Now that we...have this contract expiring, the question has been, what do we do for the future? Council has indicated that our objective has been with regard...to recycling that we should increase our participation in an attempt to reduce the cost relative to the program that we have. With that, we have several alternatives. The alternative that you have--one you have before this evening is the ordinance which really provides for essentially the City providing the curbside collection rather than the private contractor. We feel that we can reduce this cost which has in the past been $525,000 or a cost currently at about $1.40 to .41 per month. Recently,when we rebid the contract,we received a lower bid which by another contractor which would have been at$1.17 per month. Our analysis and studies indicated that we felt like we could take it in-house and we could do it less expensively than that. So, by comparison to about $525,000 a year that we've been paying in the past for curbside recycling, if the City were to do it, we think we could do it for about $300,000 a year net. The ordinance then would provide that--there's three parts included in the ordinance. The first part is that we would initiate a cost of$1.25 per month which would pay for the total recycling program which includes 26 curbside...collection program being done by City forces in addition to the continuing with composting and all other parts of the program...the next part would be that we would have to extend the contract with BFI for 60 days to allow the City to acquire the equipment and the manpower necessary to be able to initiate the program. An alternate to that is for there to not be any fee initiated, and for the City not to go directly into the program. And that would involve then the extension, first of all the extension of the contract with BFI for a period of 60 days to prevent there being interruption in the current collection service, but it has been indicated by those speaking here tonight, and certainly, the indication of the public that there is a widespread interest in continuing curbside collection. That could be done under subscription method. But, rather than imposing a fee for the entire community, a subscription program would allow--the 60 days we would be able to develop a program whereby all of those wishing to continue with curbside collection could do so. Neighborhoods could continue to be able to participate in it and probably at a cost of no more than$2.50 to $3.00. All of those wanting to participate in a curbside collection program or continuing could do that. Also, we would in addition to the curbside collection, initiate the manned drop-off sites by neighborhood. As has been stated, the unmanned sites have not been effective, but certainly...manned drop-off sites by themselves would not be sufficient to be able to promote additional recycling. But, with the curbside recycling subscription program of curbside recycling plus the opportunity for other people to participate. Currently, 20%of those residing in our community do not participate in curbside recycling because they don't have the opportunity. They either live in private subdivisions that we do not collect or they live in apartments. Drop-off sites being provided in neighborhoods on a weekly basis would allow that other 20% an opportunity to recycle who currently do not have that opportunity...Also, other special drives could be conducted by the City. This part would not require the additional increase, but all of the cost related to the program would continue to be borne by the reserves that have been built up in the system that we currently have which could provide for both the extension with BFI and the cost of providing the drop-off centers and the cost of continuing with composting as we currently have it. If Council wishes to...for the City to get involved in it, then it would require the adoption of the ordinance which would then authorize the acquisition of equipment, extend the contract with BFI and impose a $1.25 fee. The other option to it would be the subscription method, whereby we could extend our contract with BFI currently for 60 days to allow us to get into that, and then all of those, all those people who are currently participating, and I would point out, I think, you've all heard the statistics, but about 54% of the community at some time has participated in recycling. That means that at least 54% have at one time put out the blue bin. But, on an average, on a daily average, about 28% do participate. So, if we anticipate that all of those who are currently actively participating in curbside collection and want to continue, and want to promote recycling, then we should provide them that opportunity. The curbside recycling provides a convenience. It provides a convenience to those who want to recycle to where they can do it, and there appears to be the willingness to pay for that convenience, and we should, I believe, promote a plan where we can have the subscription collection. We have an opportunity to do it. We have currently a commercial hauler that would be willing to continue the service and to work with us to develop that program. So, at this point, and as I said earlier, at a cost of about $2.50 to $3.00 per month. So, at this point,...Council should direct us by one way or the other as to what we should do with regard to the curbside collection program." 27 Councilman Williams commented that he thinks the subscription method is a beautiful compromise that addresses the current recycling participants desire for continuance of the program and offers a degree of protection for those who cannot afford the $1.25 fee, but expressed concern for the mechanics of the operation. Councilman Cokinos complimented the City Manager for his report and the alternate plan, called upon Beaumont to support the recycling program and encouraged the City Manager to proceed with development of the subscription curbside recycling program, effective April 1, 1995. Councilman Goodson said he has received numbers calls in favor of continued recycling, said he firmly believes in recycling, that Council never believed that recycling would become a money-making venture, said he is disappointed that almost 50% of the citizenry has chosen not to support the program, but is for any program that will continue recycling and is willing for the City Manager and Staff to propose another program should the subscription plan fail. Councilman Smith said she is delighted with a plan that will accommodate all of the community, does not want to eliminate the recycling program because of the devastating message that would be sent to children if it should be deleted. Mayor Pro Tem Davis said he definitely supports the compromise, is excited about the manner of debate that brought about this program, could not support the $1.25 increase for members of his Ward, thinks this plan is a good compromise, concerned with a better recycling education process for the whole community and is disappointed that a recycling receptacle was not placed in Magnolia Park. Councilman Ames added that she fully supports recycling, has also received many calls mostly in support of recycling, does not want to see it cease, feels the compromise is good, and if after the 60 days extension, the subscription plan does not develop as anticipated, that the item be brought back to Council for further consideration. Mayor Moore thanked the City Manager for the hours spent in developing this optional plan, said that we should all be sensitive to our individual responsibility of recycling and take advantage of recycling in every way we can by working together to save our land, trees and landfill. He said the compromise is good, but wants everyone to participate to the capacity in which they can. After further discussion regarding drop-off sites, citizen education through recycling workshops at Neighborhood Association meetings, and transition timetable, a motion was made to extend the contract with BFI for curbside pickup for a period of sixty (60) days and the City Manager to develop a subscription curbside recycling plan by Councilman Cokinos and seconded by Councilman Williams. The motion was approved. Question: Ayes: All Nayes: None -000- 28 Resolution No.95-30 authorizing a five-year lease purchase agreement for a KME Fire Pumper truck (at $272,010)with First Bank and Trust in the amount of 155 basis points below the yield of the 5-1/8% Coupon Treasury notes maturing December, 1998, was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Davis. Question: Ayes: All Nayes: None -000- Resolution No. 95-31 authorizing acquisition of Parcel No. 4: Lot 11, Block 2, Broadway Place Addition, 430 29th Street from Mrs. Emily Clara Pankey for the appraised value of$44,500 and Parcel No. 5: Lot 12, Block 2, Broadway Place Addition, 450 29th Street, form Ms. Betty Jo Frazier for the appraised value, less improvements, $55,994 for the West Lucas Drive project was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 95-32 authorizing execution of an agreement with Southern Pacific Transportation Company for upgrading of the railroad crossings on Liberty and Laurel Avenues in the amount of $112,875 was approved on a motion made by Councilman Smith and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 95-33 authorizing a contract with Beaumont Regional Medical Center (which includes The Pavilion-formerly Beaumont Neurological Hospital) and their Physician Hospital Organization(PHO) for health care services rendered to City employees, retirees, and COBRA participants and their dependents, effective February 13, 1995 for one year with the option for annual renewal was approved on a motion made by Councilman Smith and seconded by Mayor Pro Tem Davis. Question: Ayes: All Nayes: None -000- Resolution No. 95-34 authorizing annual contracts for approximately fifty (50) personal computers and computer related hardware for various City departments with: Cornerstone Computers: 486 DX 200 MB 40 MHZ with SVGA Color Monitor at $1,040--options: IBM 5250 Enhanced Emulation Board/Software at $565 and ABBA Computers: 486 DX 340MB 66 MHZ With SVGA Color Monitor at $1,777--Options: Dual Speed 16 Bit CD ROM with Controller Card at $137; 250 MB Colorado Internal Back-up Tape Unit at $157 was approved on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: All Nayes: None 29 Mayor Moore announced that an executive session will be held following the regular session of City Council in accordance with Section 551.074 of the Government Code to discuss appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: Municipal Magistrates. -000- Councilman Williams complimented Ward Councilmembers and At-Large Councilmembers for working together tonight in representing all Beaumont citizens, discussed Ward IV neighborhood needs, equity and prioritizing needs and services to citizens, parallel of mandated auto emission testing and recycling fee, complained about a junk yard in a residential area within 100 feet of a church and asked for better security in some neighborhoods with possibly the use of unmarked cars to survey the anxieties and frustrations of citizens who feel they are not getting a fair return on their tax dollars. Councilman Smith told Councilman Williams that in the years she has served on Council, Beaumont has been looked upon as a neighborhood without a lot of Ward politics and decisions are made with the whole community in mind. She said there are nitty, gritty things that seem not to be able to be addressed by the Planning Division or Building Codes Division and that is very frustrating. She said that until better Code enforcement is attained and developers are held responsible will some of these problems be solved. Mayor Pro Tem Davis told Mr. Riley that Mr. Leon Richard at 2147 Albany has requested a street light, Mr. Roy at Bowie Middle School is concerned about street lighting around the gym area after games, Mrs. Rose Gorman at Fletcher Elementary also expressed concern about street lighting in that area. Mayor Pro Tem Davis expressed pleasure with the recycling compromise. He stated that Council and Staff are charged with the challenge of doing a better job in solving the needs of all citizens. Councilman Goodson said that recycling is a high priority for many people in Ward II, and perhaps many of them are not happy with the compromise, because with compromise "something is given and something is taken away." He expressed a desire that the program will continue and agreed that we should always make an effort to make our resources match the needs. He said one of his callers volunteered to pay an additional $1.25 for recycling and another$1.25 for employment of another fifteen(15) police officers to patrol the city. Councilman Goodson said we should always try to match our resources with our needs. He added that it would be a great benefit to try to hit some of the lower priorities that are constant problems, if possible. Councilman Goodson complimented the Police Department for being conscientious in serving Beaumont. Mayor Moore said he had wanted to share his activities of last week at the U. S. Conference of Mayors, but just said he visited with Congressman Steve Stockman and President Clinton. Mayor Moore said he understands the feelings of Ward and At-Large Councilmembers and that the City is at a point where hard decisions need to be made. He recalled that a few years ago, zero-tolerance was instituted in some neighborhoods, and there was criticism regarding weed abatements, junk motor vehicles, and dilapidated structures, but said "we want Staff to go back to that attitude...of zero tolerance." Mayor Moore said he passes the area Councilman Williams referred to with the junk yard because it is behind his mother's home. He said one statement he wants to eliminate is, "If it was on another end of town, it would be this way or that 30 way," said there should be uniformity in services, and that he would "like to remove the bushes that people sometimes use, rightfully or not. We need to make them feel good about all our City services." He said he understands the junk yard is a matter of the Court now. Councilman Cokinos commented that according to the newspaper, Congressman Steve Stockman resents money is spent for a Washington lobbyist, and that he would like that contract rescinded. -000- Mr. Tony Sacker,Elmherst, said he is not against recycling, but he is against a $1.25 charge for recycling. He commented that in the five-year financial plan, the street user fee was being used for retirement of indebtedness such as drainage, and according to the street user fee ordinance, the fee is to be spent for rehabilitation, new construction and repair of streets. Mr. Riley informed Council that originally there was$5 million issued in Certificates of Obligation, $1.6 million was taken from the General Fund and $5 million from Certificates of Obligation to initiate the first program. One half of the street user fee for a period of two years was applied against the bond indebtedness, and none of the street user fee has been used for anything but to retire the bond indebtedness of the original $5 million. Dr. Tom Nelson, 645 Kennedy, addressed Council to state that he shares Councilman Williams' concerns for Ward IV because he operates a business in that Ward and has volunteered many hours to cleaning streets, painting houses, helped build a house with Habitat for Humanity there as well as volunteer in Ward III. He discussed the results of a survey commissioned by the Solid Waste Department regarding recycling, the opinions of Neighborhood Association, expressed his opinion that today's vote on the recycling issue was not a compromise, but a cop-out, and said the voice of the total citizenry should be heard. Mr. Bill Munro, 6690 Windwood, addressed Council to state that this matter was untimely and should have been addressed when bids were taken in September or October, said he feels the alternate plan will kill the program, that most communities reward those who recycle and penalize those who do not and said Beaumont needs to be a unified community. Mr. Dude Willis, 135 Ferndale, addressed Council regarding a crossing guard who is allowing children to cross the street at Amelia Elementary School when the light is green for the on-going traffic by using his stop sign and said this is an unsafe practice. Mr. Willis also complained about a drainage problem he has been experiencing for four(4)years at his business at 790 Chamberlin. Mr. Willis said he has made numerous calls to the Street Division and received assurance that the problem would be addressed, yet there has been no resolve. Mr. Philip Sobelman, 985 North 6th Street, addressed Council and pointed out that he is no longer wearing his sign in protest of TCI Cablevision because he finally has met with Mr. McKee who explained that the regulations regarding the addition of six channels with a charge was directed by federal authorities, not the local company. Mr. Sobelman asked that Council consider contacting our Congressmen or F.C.C. to appeal 31 this action. Mr. Sobelman commented that he thinks recycling is great, but suggested that there needs to be a better collection system. Mayor Moore told Mr. Sobelman that last week Mr. Federico Pena who is over transportation and communications addressed this concern about cablevision, said there is pending litigation, and a scheduled public hearing was cancelled, but will be discussed. Mr. Robert Lynn DeMary, 430 East Elgie, addressed Council to question procedures with the recycling compromise plan regarding payment for education and composting that benefit all citizenry, individual or neighborhood group subscription basis, spoke of some groups eventually feeling left out of a service, suggested rethinking alternatives such as used with the transit system and suggested a public hearing as well as a worksession to receive citizen input. Mr. Roberto Flores, 2425 Buchanan, said he originally came to Council to make a presentation to Mayor Moore, but will fulfill that presentation at a later date and stated that he is saddened by the action regarding recycling because it says there are the "haves and the have-nots," that action is passed on the basis of wards and not the whole of Beaumont, and he thinks priorities should be set for the total welfare of Beaumont. Mr. Flores discussed the$1.25 fee versus the benefits of the service and said with the present wave of monies being cut to cities, we should be prepared to face the question of usage and payment, particularly regarding public transportation. He said the ones who use the system most will not be able pay for it's operation and suggested that the subscription plan sets a precedent for this thinking, said we are at a crossroads and hopes recycling continues. -000- There being no other business, the regular session of City Council was recessed to reconvene in an executive session. -000- I, Barbara Liming,Deputy 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 January 31, 1995. Barbara Liming Deputy City Clerk 32