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HomeMy WebLinkAboutMIN FEB 17 1998 M I N U T E S . CITY OF BEAU FONT Lulu L.Smith DAVID W. MOORE, MAYOR Becky Ames,mayor Pro Tem Guy N.Goodson CITY COUNCIL MEETING Andrew P.Cokinos John K.Davis FEBRUARY 17,1998 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 February 17, 1998, 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 Pro Tem Ames called the meeting to order at 1:33 p.m. The Reverend Douglas Rathgeber, St. John's Lutheran Church, gave the invocation. Mayor Pro Tem Ames led the pledge of allegiance. Present at the meeting were: Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson. Mayor Moore was out of town on City business. Also present were Maurine Gray, Acting City Manager; Lane Nichols, City Attorney; Patrice Fogarty, City Clerk; and Barbara Liming, Deputy City Clerk. *Presentations and Recognition: None presented. *Public Comment: Citizens were invited to comment on the Consent and Main agendas. Mr. Herman Quinton, 3485 South 11th Street, addressed Council to complain about construction impeding entrance by customers and delivery men into his business. He said that deliveries have to be rerouted, customers have to enter at the back of the business, and some are unable to determine where to enter. Mr. Quinton asked for Council assistance with getting the contractor to provide a safe way of ingress and egress to his business before it is more adversely affected. CONSENT AGENDA The following consent agenda items were considered: Approval of the minutes of the regular meeting held February 10, 1998; Confirmation of committee appointments - Resolution No. 98-35; A) Approve the purchase of a hot water boiler to be installed in the Police Department (to serve the Police Department, Public Library and a portion of Julie Rogers Theatre, from Gulf Coast Boiler Service of Houston, $47,226) - Resolution No. 98-36; B) Approve an annual contract for the purchase of emergency medical supplies for use in the Emergency Medical Services Division (EMS)/Public Health (from Promedix, Midvale, Utah for an estimated expenditure of$38,322.50) - Resolution No. 98-37 C) Authorize the conveyance of lots for the construction of new homes in the Charlton Pollard Neighborhood Revitalization Project (Lots 1-10, Blk. 1 - Southeast Texas Community Development Corp.; Lots 11-13, Blk. 1 - Texas Commerce Shareholders; Lot 14, Blk. 1 - Statewide Community Development Corp.) - Resolution No. 98-38 D) Approve the purchase of stage lighting fixtures and accessories for the Julie Rogers Theatre (Production Advantage, $32,444; Texas Scenic Co., $24,522.08) - Resolution No. 98-39 E) Approve the purchase of a tractor for use in the Water Production Division/Water Utilities (Eastex Farm & Homes, $19,768.50) - Resolution No. 98-40 F) Authorize the settlement of claims - Resolution No. 9841 (Anthony LeBlanc, $6,000) and Resolution No. 98-41(Shonda LeBlanc, $13,000); Councilmember Goodson moved to approve the Consent Agenda. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis and Patterson Noes: None GENERAL BUSINESS 1. Consider amending Sections 26-24 of the Code of Ordinances related to a school speed zone on Liberty between 11th and 13th Streets Councilmember Cokinos moved to approve Ordinance No. 98-9 ENTITLED AN ORDINANCE AMENDING CHAPTER 26,SECTION 26-24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT Minutes;2117198;Page 2 TO AMEND SCHEDULE A IN SCHOOL ZONES;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis and Patterson Noes: None 2. Consider approving the purchase of a wheel loader for use in the Landfill Division/Clean Community Department Councilmember Smith moved to approve Resolution No. 98-43 authorizing purchase of a John Deere Model 644G wheel loader from Rush Equipment Center of Texas, Inc. in the amount of $145,232. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, and Davis, Noes: None 3. Consider approving a one-year contract for litter removal services on arterial street rights- of-way and other specified areas. Councilmember Patterson moved to approve Resolution No. 98-44 authorizing a contract with Beaumont Products and Services, Inc. at $11.00 per crew member per hour for litter removal on specific arterial streets. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 4. Consider authorizing an agreement for property damage insurance for City owned property Councilmember Smith moved to approve Resolution No. 98.45 authorizing an inter- local agreement with the Texas Municipal League Intergovernmental Risk Pool for an annual premium of $84,998. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None Minutes;2/17/98;Page 3 WORK SESSION * Discuss proposed changes to the Charter of the City of Beaumont City Attorney Lane Nichols referred to the report submitted by the Charter Committee with recommended changes as shown in Exhibit "A," along with two other staff suggestions that are designed to remove a potential conflict that might occur between the Charter and Election Code. For these changes, or any others, to be placed on the May 2nd ballot, Mr. Nichols asked for Council direction. He explained that the suggested changes primarily serve as a housecleaning procedure to comply with changes in the law or Texas Election Code. City Clerk Patrice Fogarty, who served as secretary to the Charter Committee, elaborated on the reasoning of tracking Charter requirements with the Texas Election Code and answered questions pertinent to petitions. The City Clerk also mentioned having printed information available to the public to better explain the propositions that will be presented for their consideration. Councilmember Goodson thanked the Charter Committee for the work involved in reviewing the Charter and pointed out that changes may only be made every two years, and we need to look at the Charter closely. Additionally, Mr. Nichols stated that under state law, designation of park property cannot be removed without approval of the citizenry, and if the park is sold, the monies derived from such a sale would have to be put back into park funding. Mr. Nichols said two parks have been suggested by the City Manager to be brought before Council for consideration of placement on the ballot. The first is the remainder of the Perlstein Park at the base of the Maury Meyers bridge, and the other is the Carroll Street Park. Because of the recent revitalization of the neighborhood, Carroll Street Park is not easily accessible to the citizens. There is a desire to relocate the park to make it more amenable as a neighborhood park, and to that end, some site investigation has been made. To make these changes, Mr. Nichols told Council that a ballot proposition is needed to authorize removing their park designation. After a short discussion, Council concurred to move forward with placing the Charter changes, as amended by staff, and the redesignation of park property in the ordinance calling May 2, 1998 election. COMMENTS *Public Comment (Persons are limited to 3 minutes) Mr. Tony Sacker, 4635 Elmherst, addressed Council to confirm that one of the proposed Charter changes is found on page 12 and the wording "am not in arrears in payment ..." is Minutes;2/17/96;Page 4 being considered for deletion, and being reworded to omit affidavit. Mr. Sacker asked if civilian input would be invited for potential Charter changes and was advised that all members of the Charter Committee were civilian citizens. Mr. Rex Johnson, 4350 Chaison, complained to Council that he feels the same policy is not consistently followed throughout the city in making street repairs. He claimed that one asphalt street was removed and replaced with concrete while the street near M. L. King School was replaced with asphalt instead of concrete. Mr. Johnson was advised that the street mentioned was part of a BISD project that was approved under their bond issue, and Councilmember Davis volunteered to contact the Beaumont Independent School District regarding future plans for the street rehabilitation. Mr. Johnson cited another incident regarding Washington Boulevard. Ms. Caroline Pickell, 3795 LeBleu Street, addressed Council in support of the old school off Martin Luther King Parkway being renovated and used as another school, a homeless shelter or offices instead of being demolished because of its architectural value. Councilmember Davis told Ms. Pickell that the structure has been evaluated and asbestos was discovered. * Councilmembers comment on various matters: Councilmember Goodson thanked Public Works Director Tom Warner and staff for the study performed on Liberty Street in the vicinity of St. Anne School and recommendation for the school speed zone. He said this action should benefit the citizens and the school. Councilmember Goodson said there was discussion in the workshop on the CDBG program regarding possibility of asbestos removal from the remaining schools, addressed upgrading of streets throughout the city, said much of the money spent around M. L. King School site has been for underground utility work with the Corley/Cartwright project, and said he believes efforts are being made for improvements throughout the city, such as the improvement on Concord. Councilmember Davis thanked Council for approving action on the Consent Agenda that will move forward with the addition of 14 new homes in the M. L. King Addition, commended the Charter Change Committee for their work, expressed appreciation for the opportunity to consider relocation of the Carroll Street Park closer to the residents and for information received about proper petition procedures. Councilmember Davis said the Avenues Neighborhood Association meeting held last night was very productive with about 45 citizens in attendance, and said there was a strong voice of commitment and request for positive changes in fighting crime in the area. He said he has solicited the assistance of Councilmember Cokinos and Planning Director Steve Richardson in developing a game plan with committees and presenting Council with another opportunity to make an impact on the community, said he has always pushed for fairness and equality and feels Council Minutes;2/171%;Page 5 is doing a good job toward that goal, but we must remain mindful of that of misconceptions in the community, and enumerated the amenities that have been provided in Ward III during his tenure. EXECUTIVE SESSION *Executive Session in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: Brenda Roy v. City of Beaumont et al There being no further business, the meeting recessed at 2:24 p.m. to reconvene in executive session. Mayor Pro Becky Ames 4Li N i- 46r, Patrice Fogarty, City Ga6rk Minutes;2/17/98;Page 6 Charter Change Recommendations Submitted by the 1997 Charter Review Committee. O Regarding an increase in City Council's term of office: . Page 8, Article III, Section 2, presently reads as follows: "Section 2 - NUMBER AND TERM: The City Council shall be composed of a Mayor and six (6) Councilmembers. Four (4) Councilmembers shall be designated as "ward Councilmembers," each of whom shall be elected only by the qualified voters residing in the ward from which each such ward Councilmember is elected. , Each ward Councilmembers shall reside in the ward which he is elected to represent. Two (2) Councilmembers shall be designated "Councilmembers-at-large"; and the Mayor and Councilmembers-at-large shall be elected by all the qualified voters of the City. "At the election held in 1984 under this Charter, as amended, the ward Councilmembers shall be elected for a term of one (1) year and the Mayor and Councilmembers-at-large shall be elected for a term of two (2) years; thereafter, the Mayor and all Councilmembers shall be elected for two (2) year terms. (as amended 8-13-83)" The Committee recommends no changes to this portion of the Charter. © Regarding Mayor and Councilmembers' salary: Page 8, Article III, Section 4, presently reads as follows: "Section 4 - SALARY: Salaries of Mayor and Councilmembers shall be set by ordinance but may not be increased in the current term of the Mayor or Councilmembers enacting such ordinance. (as amended 4-5-86)" The Committee recommends no changes to this portion of the Charter. EXHIBIT "A" 0 Clarification amendment regarding Mayor Pro Tem: Page 8, Article III, Section 6, presently reads as follows: "Section 6 - MAYOR PRO TEMPORE: The City Council shall elect one of its members as Mayor Pro Tempore for a one (1) year term. The Mayor Pro Tempore shall perform the duties of the Mayor in case of the absence or inability of the Mayor to perform the duties of his office, and, if a vacancy occurs, shall become Mayor for the unexpired term. If the Mayor Pro Tempore is unwilling to assume the duties of Mayor in the event of a vacancy in that office, then the City Council shall fill the vacancy from their membership after the vacancy in the City Council is filled as provided in Section 7 of this Article. (as amended 4-5-86).' The Committee recommends the following proposed change. Committee Proposed Change: Section 6-MAYOR PRO TEMPORE: The City Council shall elect one of its members as Mayor Pro Tempore for a one (1) year term. The Mayor Pro Tempore shall perform the duties of the Mayor in case of the absence or inability of the Mayor to perform the duties of his office, and, if a vacancy occurs, shall become Mayor for the unexpired term. If the Mayor Pro Tempore is unwilling to assume the duties of Mayor in the event of a vacancy in that office, then the City Council shall fill the vacancy from its membership. FYI: This change deletes the language "after the vacancy in the City Council is filled as provided in Section 7 of this Article. (as amended 4-5-86)." O Clarification amendment reqardinq candidates for office: Page 12, Article IV, Section 5, presently reads as follows: "Section 5 - ELECTIONS AND NOMINATIONS: Any qualified person may have his or her name placed on the official ballot as a candidate for the office of Mayor or Councilmember by filing with the Mayor at least thirty(30) days prior to the date of the election a sworn application in substantially the following form: "l, , do hereby declare that I am a candidate for the office of and request that my name be printed upon the official ballot for that particular office in the next City election. I am years of age, a qualified voter of the City of Beaumont, a resident of the united States and am not in arrears in the payment of any taxes or other liability to the City. At the present time I reside at Street, Ward in the City of Beaumont. Signature "The application shall be verified before an officer qualified to administer oaths. (as amended 4-5-86)° The Committee recommends the following proposed change. Committee Proposed Change: "Section 5—ELECTIONS AND NOMINATIONS:Any qualified person may have his or her name placed on the official ballot as a candidate for the office of Mayor or Councilmember by filing with the Mayor or City Clerk at least forty-five (45) days prior to the date of the election a sworn application pursuant to the Texas Election Code. The application shall be verified before an officer qualified to administer oaths." Staff recommends the following proposed change: remove language as it is duplicitous of the existing Election Code. Proposed Change: "Section 5—ELECTIONS AND NOMINATIONS:Any qualified person may have his or her name placed on the official ballot as a candidate for the office of Mayor or Councilmember by filing a sworn application for a place on the ballot pursuant to the Texas Election Code." ® Clarification amendment regarding petitions: Section 2 of Article XI, page 27, presently reads as follows: "Any proposed ordinance may be submitted to the City Council in the form in which the petitioner desires the same to be passed, by a petition filed with the City Clerk in the following manner: "1. Any elector shall make application to the City Clerk and file an intention to circulate a petition giving the date and the proposed ordinance to be circulated. Unless the final petition, with the required number of signatures, is returned within sixty (60) days, it shall not be received for any purpose. "2. The petition must contain the names of a number of qualified voters in the City of Beaumont equal to five percent (5%) of the qualified voters of the City of Beaumont as appears on the latest available county voter registration list, as of the date of the last general municipal election. "3. To be valid, a petition submitted for the purpose of complying with this section must: (a) contain, in, addition to the signature, each signers printed name, residence address, voting precinct number, and voter registration number. (b) contain on each page the text of the proposed ordinance to be circulated; and (c) contain on each page the name of the person circulating the petition. The person circulating the petition must be an elector of the City. "4. Every person circulating any page of a petition shall file with the City Clerk a sworn statement containing his or her name, address, voting precinct number, voter registration number and a statement that: 'I circulated this petition; I am an elector of the City of Beaumont and the signers freely signed this petition.' (signature of circulator). SWORN to this the _ day of , 19_ (signature of notary public)." The Committee recommends the following proposed changes. Committee Proposed Change for Paragraph I. "1. Any elector shall make application to the City Clerk and file an intention to circulate a petition giving the date and the proposed ordinance to be circulated. Unless the final petition, with the required number of signatures, is returned within sixty (60) days, it shall not be received for any purpose. For the purpose of this section only, if the 60th day falls on a Saturday, Sunday, or legal holiday, the final petition, with the required number of signatures, t--7ust be received the next business day by 5:00 p.m." Committee Proposed Change for Paraqraph 3a: u3.a. To be valid, a petition submitted for the purpose of complying with this section must. (a) contain, in addition to the signature, date of signature, each signer's printed name, residence address, voting precinct number, and voter registration number." THE 75TH LEGISLATURE AMENDED THE ELECTION CODE INCLUDING OTHER REQUIREMENTS FOR PETITION SIGNATURES TO BE VALID. Staff recommends the following proposed change: "3.a. Fora petition signature to be valid, a petition mush comply with requirements prescribed by the Texas Election Code and any other applicable requirements prescribed by law. Committee Proposed Change for Paraqraph 4: 'Every person circulating any page of a petition shall file with the City Clerk a sworn statement containing his or her name, address, voting precinct number, voter registration number and a statement that: `! circulated the attached (numbers])pages of this petition. 1 am an elector of the City of Beaumont, and the signers freely signed this petition.' (signature of circulator). SWORN to this the day of , (signature of notary public)." O Regarding persons indebted to the City not holding office or employment: Section 11 of Article XVII, page 42, presently reads as follows: "No person shall be qualified to hold a municipal office or serve the City in any other capacity for which compensation is paid who is, or may become while in service, in arrears in the payment of taxes or other liabilities due the City." The Committee recommends deletion of this passage.