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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 -000- 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. -000- 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 277 October 10, 1995 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. -000- 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 -000- 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 278 October 10, 1995 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 -000- 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 -000- 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 -000- 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 -000- 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 -000- Resolution No. 95-277 authorizing a one-year contract with the Southeast Texas Community Development Corporation, Inc. (SETCDC), the designated Community Housing Development 279 October 10, 1995 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 -000- 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 -000- 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 -000- 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 280 October 10, 1995 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 -000- 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 281 October 10, 1995 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. -000- 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 282 October 10, 1995 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. 283 October 10, 1995 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. -000- 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. -000- There being no other business, the regular session of City Council was recessed to reconvene in workshop session. -000- 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