HomeMy WebLinkAboutMIN OCT 10 1995 REGULAR SESSION
CITY COUNCIL - CITY OF BEAUMONT
HELD OCTOBER 10, 1995 - 1 :30 P.M.
BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session
this the 10th day of October, 1995, with the following present:
HONORABLE: David W. Moore Mayor
Becky Ames Mayor Pro Tern
Councilman-At Large
Andrew P. Cokinos Councilman-At-Large
Lulu L. Smith Councilman, Ward I
Guy N. Goodson Councilman, Ward II
John K. Davis Councilman, Ward III
Bobbie Patterson Councilman, Ward IV
Ray A. Riley City Manager
Lane Nichols City Attorney
Rosemarie Smith City Clerk
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The Invocation was given by the Reverend Rodney Moore, Westend Baptist Church..
The Pledge of Allegiance was led by Councilman Davis.
Three Proclamations were issued: "Italian History Week," October 8-13, 1995; recognizing "One
Hundred Years of Catholic Education in Beaumont (Saint Anthony's Cathedral School);" and
"Red Ribbon Week," (campaign against drug and alcohol abuse) October 21-19, 1995.
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Citizen comment was invited on the Consent and Main agendas.
Pastor Malvo, Mount Zion Baptist Church, addressed Council regarding Agenda Item No. 6
acquiring lots for the Charlton-Pollard neighborhood revitalization, expressed his concerns about
the environment in that area and requested that only lots a safe distance from toxic waste and free
of environmental danger be purchased, asked that there be no construction beyond Carroll Street,
no lots purchased from Hemlock to Carroll Streets and suggested that existing structures there be
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moved out of the dangerous area.
Mr. Walter Keneson, 4045 Rothwell, addressed Council regarding news he received that a City
contract employing disabled citizens would not be renewed and they would be replaced by inmates
from the County jail. Mr. Keneson was told this subject was not on the agenda, but he could speak
on this topic later during the General Comment portion of the meeting.
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The following Consent Agenda items were considered:
Approval of the Minutes of the regular City Council session held October 3, 1995;
Resolution No. 95-268 appointing Linda Gaudio to the Senior Citizen Advisory Committee and
Darla Lindsay to the Beaumont Advisory Commission for Prevention of Child Abuse and
Neglect for terms expiring October 9, 1997; reappointing Brett Vickers to the Parks and
Recreation Advisory Committee for a term expiring October 9, 1997; and appointing Rocky
Chase as Chairman of the Convention and Tourism Advisory Committee for a term expiring
October 9, 1996;
Resolution No. 95-269 authorizing an annual contracts for various traffic marking materials with
Vulcan Signs for sign post and sign faces for an estimated annual cost of$47,412.25 and with 3M
Corporation for reflective sheeting for an estimated annual cost of$17,376.15;
Resolution No. 95-270 authorizing a contract with T & N Laboratories to furnish various
laboratory testing services for the Water Utilities/Water Reclamation Wastewater Industrial
Pretreatment Program for an estimated total cost of$16,897.50; and
Resolution No. 95-271 granting a one-hundred-foot (100') wide drainage easement out of the A.
Duwe Survey, Abstract No. 459 and the Frederick Bigner Survey, Abstract No. 1 (granted to the
City on April 6, 1977 by Amoco Production Co.) to Jefferson County Drainage District No. 6 for
the designated Outfall Ditch No. 12.
The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded
by Mayor Pro Tem Ames.
Question: Ayes: All Nayes: None
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Resolution No. 95-272 authorizing a one-year contract from October 1, 1995 through September
30, 1996 with the Texas Energy Museum in the amount of$87,000.00 to be paid quarterly in the
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amount of $21,750.00 from revenues derived from the hotel-motel occupancy tax for historic
preservation and the promotion of tourism was approved on a motion made by Councilman Smith
and seconded by Councilman Davis.
Question: Ayes: All Nayes: None
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Resolution No. 95-273 authorizing a one-year contract effective October 1, 1995 through
September 30, 1996 with the South East Texas Arts Council (SETAC) in the amount of
$132,000.00 from revenues derived from the hotel-motel occupancy tax was approved on a motion
made by Councilman Cokinos and seconded by Councilman Smith.
Question: Ayes: All Nayes: None
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Resolution No. 95-274 authorizing an annual contract with BUILD, Inc. to promote revitalization
and development of downtown Beaumont in the amount of $25,000.00 from General Fund
revenues effective January 1, 1996 through December 31, 1996 was approved on a motion made
by Councilman Cokinos and seconded by Councilman Davis.
Question: Ayes: All Nayes: None
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Resolution No. 95-275 authorizing a one-year contract effective October 1, 1995 through
September 30, 1996 with the Jefferson Theater Preservation Society in the amount of
$20,000.00 from revenues derived from hotel-motel occupancy tax was approved on a motion
made by Councilman Smith and seconded by Councilman Davis.
Question: Ayes: All Nayes: None
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Resolution No. 95-276 authorizing a one-year contract effective October 1, 1995 through
September 30, 1996 with the Beaumont Heritage Society for the John J. French Museum in the
amount of$36,000.00 from revenues derived from hotel-motel occupancy tax was approved on
a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Ames.
Question: Ayes: All Nayes: None
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Resolution No. 95-277 authorizing a one-year contract with the Southeast Texas Community
Development Corporation, Inc. (SETCDC), the designated Community Housing Development
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Organization (CHDO), in the amount of$200,000.00 from Community Development Block Grant
funds, with $180,000.00 allocated for acquisition of approximately fifty (50) lots in the Charlton-
Pollard neighborhood and $20,000.00 for renovations to the headquarters of the Southeast Texas
Community Development Corporation, Inc. located at 1190 Grand Street was considered.
Council discussion included the fact that all lot acquisitions must fit into HUD stringent
environmental guidelines that addresses the Reverend Malvo's concern.
The Reverend Malvo again talked about life threatening concerns, said there are several people
in his congregation that have cancer, said they can see the flare burning at Mobil and depending
on the wind direction, his members may experience burning eyes.
Resolution No. 95-277 was approved on a motion made by Councilman Patterson and seconded
by Councilman Davis.
Question: Ayes: All Nayes: None
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Resolution No. 95-278 authorizing purchase and erection of a 400 foot solid member guyed
antenna tower to be located at the Building Services facility on Pine Street from Lumberton
Tower Service in the amount of $126,291.00 for the Communications Division to provide
transmission signals for all City departments was approved on a motion made by Councilman
Smith and seconded by Councilman Goodson.
Question: Ayes: All Nayes: None
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Resolution No. 95-279 purchase of a 1996 Ford Model F800 chassis equipped with a Sreco-
Flexible High Velocity Sewer Flushing Machine for use by the Water Utilities Sewer
Maintenance Division from Sreco-Flexible in the amount of $75,207.00 was approved on a
motion made by Councilman Goodson and seconded by Councilman Cokinos.
Question: Ayes: All Nayes: None
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Resolution No. 95-280 authorizing an annual contract with Transit Mix Concrete and Materials
Company for sand cement at $9.00/ton for 1 sack, $10.50/ton for 1-1/2 sack, and $12.00/ton for
2 sack for an estimated annual expenditure of$79,500.00 was approved on a motion made by and
seconded by Councilman Smith and seconded by Councilman Davis.
Question: Ayes: All Nayes: None
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Resolution No. 95-281 nominating Mr. C. L. Sherman as a candidate to serve on the Board of
Directors of the Jefferson County Appraisal District for a two-year term expiring December 31,
1997 was approved on a motion made by Councilman Davis and seconded by Councilman
Cokinos.
Question: Ayes: All Nayes: None
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Mayor Pro Tem Ames said Congressman Sonny Bono from Palm Springs, California, visited
Beaumont last Saturday and was given a Key to the City. She said he was a very colorful
individual and she enjoyed meeting him.
Councilman Davis reported that he and the City Manager had a very good meeting this morning
with the Plant Manager from Mobil Oil to discuss Mobil's involvement with the Charlton-Pollard
revitalization and he alerted Council there would always be "members, groups or individuals who
have a differing viewpoint from the majority and there are different folk with different agendas" and
said he wants Council to be cognizant of that relative to the Charlton-Pollard revitalization.
Councilman Patterson raised the issue of employees of Beaumont Products and Services and the
work release program, said there are details she does not have and indicated she would appreciate
the City Manager expounding on the subject.
Councilman Goodson explained to the audience that previous extensive conversations have been
held with the various organizations that were recipients of funding today from Hotel-Motel
Occupancy receipts and Community Development Block Grant funds and that today formalized
budget considerations for them. He said he did not want constituents to think that large sums of
money were being spent without serious consideration.
Councilman Smith added that these programs are looked at diligently and there are far more
worthy causes than funds, said it is difficult to decide which to fund, that every aspect is addressed,
said the process is not rushed, a lot of time is spent on these considerations over a period of
several months and wished there was more money to award.
Mayor Moore thanked Council for their help at various functions this past weekend, said that on
Saturday he was at the Rice Festival in Winnie along with State Representative Mark Stiles and
Commissioner David Bernsen and others, later Saturday evening he attended an event of the
Beaumont Heritage Society and had a very interesting conversation with Mayor Sanders of China.
Mayor Moore asked the City Manager to respond to the inquiry of Councilman Patterson regarding
use of manpower from the County work force program.
Mr. Riley told Council that with the completion of the Martin Luther King, Jr. Boulevard the City will
be responsible for its maintenance and upkeep that can be accomplished by hiring additional
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employees, through contract labor or by using something like the work force through the State
Work Release Program. He said that in the past the City has used between twenty and thirty
prisoners in the park system that did not replace existing employees, but provided opportunity for
expanding capabilities. He said there is a major need for expanding demolition of buildings and
sub-standard houses in neighborhoods, said there has never been a program that goes into
neighborhoods to clean up ditches and vacant lots other than areas that have been isolated
incidents where complaints have been made about a weedy lot. He said an effort was made to
look at the City's entire effort to consider expansion of present limited cleanup efforts to the point
of adding neighborhoods to the arterial streets program. He said the City had three programs
related to cleanup of streets and picking up litter. There was a contract with BFI to sweep arterial
streets on a regular basis, but there was no program for neighborhood streets. Also, there has
been a contract in the amount of $140,000 for litter abatement on the same arterial streets with
Beaumont Products. Also, we have a contract with Beaumont Products for maintenance around
the Municipal facilities at about $1G0,000 per year. The proposal is to go in-house with street
sweeping. He said Council has already approved purchase of two street sweepers and hiring two
additional employees that will be used to sweep residential as well as arterial streets and will
move the City toward a neighborhood program. He explained that by using the assistance of
neighborhood associations and the Work Release Program, structures can be demolished and the
debris removed, as well as cleaning out ditches. He said this large amount of manpower can
accomplish tasks previously not affordable and will not replace anyone. He noted other ways the
Work Release Program can be utilized by the City in explaining the comprehensive plan throughout
the community. He said the contract with BFI was allowed to terminate, and the City will be
performing the street sweeping; the contract with Beaumont Products for $140,000 for arterial litter
removal expired in June and has been extended on a month to month basis, said there were no
funds budgeted for that purpose for this fiscal year, and there is no intention to renew that contract.
Mr. Riley said the other contract for litter pick up at the City's municipal complex with Beaumont
Products will be maintained.
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Mr. Bill Shelburne, 7725 Brighton Drive, addressed Council in opposition to a night club being
constructed less than 400 feet from his home that will accommodate up to 1,500 people. He
alleged that construction began befo,,e issuance of building permits, complained about the bright
lights that have been installed, noise and announcement that concerts will be scheduled
frequently, fear of drunken drivers in the neighborhood and safety of the residents. Mr. Shelburne
read portions of the zoning plan and allowed this business should never have been started and
said other Light Industrial businesses in the area are operated during regular daylight hours and
do not disrupt the neighborhood.
Mr. Terry Mears, 1720 Glendale, also addressed Council in opposition to the night club at 1170
Montrose, stated he lives on the outskirts and not located in the core area as does Mr. Shelburne,
but he has a concern about the traffic because College and Washington are the only through
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streets that will feed the extra traffic that will be generated by the business.
Mr. Eddie Shamp, 1140 Amelia, said he lives directly across the street from the night club and
spoke in opposition of the business. He said property values will decline, claimed the 15,000
square foot building is being put up without proper permitting, said the 30-foot blacktop streets
cannot handle the massive traffic that concerts will generate, discussed a letter from Jim Cline in
the Traffic Division mitigating some of the problems, and asked Council to take appropriate action
to cause citizen concerns to be heard by department heads and to direct them to take action
provided by the Code of Ordinances to address the problem.
Mr. Raymond Audilet, owner of property adjacent to the night club where he operates a storage
facility, complained that he was denied a Specific Use Permit in 1992 to develop the property and
add six more units because the street could handle the traffic.
Mr. Frank Rojas, 1575 Amelia, said he moved from Avenue B when BISD purchased his property
and thought he was moving into a good neighborhood and urged Council to help with the problem
created by the night club on Montrose.
Mr. John Hodges, 1050 Amelia, suggested that since Montrose is zoned commercial, the City
should widen the streets to accommodate the traffic.
Mrs. Joyce Sears, 7695 Brighton, mother of three elementary school age children, commented
about wearing red ribbons to call attention to drug and alcohol abuse to there being "five beer
joints" within a block and a half from her home and said she fears for the safety of her children.
Mr. David Burgess, 1710 Amelia, addressed Council in opposition of the night club, asked if
anyone would like to buy his house and elaborated on safety concerns he feels will be created by
high traffic volume and gas lines located near a dead-end street.
Mr. Bill Sterling, of Beaumont Products and Services, addressed Council to state that the loss of
the contract with the City for litter pick up would devastate the non-profit company that employs
mentally handicapped people who produce income, pay taxes and vote. Mr. Sterling said he
appreciates the plan of the City, but asked for reconsideration of the contract and continued
employment of his personnel and inclusion in the City's plan.
Ms. Pat Satterwhite, 5210 Gail, addressed Council in support of renewing the contract with
Beaumont Products and Services. Ms. Satterwhite said she works for Life Resources who has a
similar program and encouraged allocation of funds to employ these handicapped people who have
difficulty finding, competing and keeping jobs in the community. She said one of their goals is to
help these individuals live independently in the community and to serve our state and our city with
pride and dignity.
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Mr. Walter Keneson, 4045 Rothwell, apologized for misunderstanding when to speak earlier and
addressed Council to state that he is not supporting a company by encouraging renewal of the
contract for litter pick up, but he is supporting the young adults that need to continue working and
expressed concern that they will be replaced by inmates.
Councilman Patterson told the Mayor and City Manager she commends the comprehensive
program, but said because of her vocation (counselor for the Beaumont State Center) she has a
hard time separating herself and that a common goal is to provide productive work and productive
lives for challenged persons and suggested that a workshop be held to review the program.
Mr. Roberto Flores, 2425 Buchanan, addressed Council in support of the contract with Beaumont
Products and Services and discussed the virtues and opportunity provided by employing
physically and mentally challenged persons.
Mr. Robert Lynn DeMary, 430 East Elgie, addressed Council to request that Staff investigate a new
business located in the 5400 block of Concord that habitually stores boxes outside the front door
and piles trash on the parking lot near the curb. He said they are creating a fire hazard and asked
for enforcement of the Code requiring them to clean up the front of their building.
Mr. Kevin Sheffield, 105 Scenic Drive, (Beaumont State Center client) addressed Council to speak
of his family background and heritage, his family's practice of helping others, and a general feeling
of caring about self, love and helping everybody.
Mr. George Eckhardt (Beaumont State Center client) addressed Council to say how much he
enjoys working, said he supervises, cleans and mops the workshop and wants to try hard and make
this a proud year.
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After citizen comments, Councilman Goodson stated he was advised that the City could not
intercede to take direct action to halt the night club operation on Montrose, however, he said he
wanted citizens informed that the City would make sure that Mr. Penland adhered to all City codes
and permitting requirements. He said he has received calls about noise, and apparently, concerns
about parking, curb cuts, safety, and security have not been addressed and a lot of other questions
remain such as signage and a landscaping buffer. Councilman Cokinos commented about a site
plan agreement and expressed a desire that Staff would be able to resolve the situation to benefit
both residents and business. Councilman Ames confirmed that a report from Staff of the questions
raised will be forthcoming, requested information regarding Light Industrial zoning requirements
relative to the night club in question with a confirmation that this project could not have been
stopped at its inception and verbalized her intention to protect neighborhoods.
Councilman Patterson restated that she recommends a workshop to discuss the possibility of
284 October 10, 1995
reconsidering the award of a contract to Beaumont Product and Services for litter pick up. Mayor
Moore questioned the necessity of a workshop or a need for more information. Councilman
Patterson said she needs dialogue with Council and the City Manager, as well as information, to
explore the possibility of funding renEwal of the contract with BPS. Councilmembers emphasized
that there is no intent of micromanaging in the request for additional consideration of this subject,
confirmed information regarding the two contracts with BPS, questioned if same personnel is
employed for both contracts, asked for detailed costs of the program proposed by the City Manager
and asked that sensitivity to the human equation involved in this decision be considered. Mayor
Moore asked Council to direct any further questions that may arise to the City Manager and asked
the City Manager to gather the information requested, and said after preliminary explanations, a
decision will be made to determine if a workshop is then needed.
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There being no other business, the regular session of City Council was recessed to reconvene in
workshop session.
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1, Rosemarie Smith, 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 October 10, 1995.
Rosemarie Smith
City Clerk
285 October 10, 1995