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HomeMy WebLinkAboutMIN JANUARY 23 1996 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JANUARY 23, 1996 - 1 :30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 23rd day of January, 1996, with the following present: HONORABLE: David W. Moore Mayor Becky Ames Mayor Pro Tern Councilman-At-Large Andrew P. Cokinos Councilman-At Large Guy N. Goodson Councilman, Ward II John K. Davis* Councilman, Ward III Bobbie Patterson Councilman, Ward IV Absent: Lulu L. Smith Councilman, Ward I Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Smith City Clerk *(Councilman Davis arrived at 2:14 p.m. during presentation of Item 5.) -000- The Invocation was given by the Reverend Amos Landry, Shiloh Missionary Baptist Church. The Pledge of Allegiance was led by Lauren Whitman and Nicholas Alexander Rusmisel, students from Assumption School attending Council along with the school's curriculum coordinator, Mrs. Patricia Goughenheim, to receive a proclamation for Catholic Schools Week. -000- Mayor Moore announced that Councilman Smith is out of town and that Councilman Davis is en route to Council from a Houston ceremony where he received an award. -000- Mayor Moore announced that an executive session will be held in accordance with Section 25 January 23, 1996 551.071 of the Government Code to discuss contemplated or pending litigation: City of Beaumont v. W/S Partnership, A General Partnership, et al, following the regular session of City Council. -000- Two Proclamations were issued: "Catholic Schools Week," January 28 through February 2, 1996; and a Proclamation recognizing 17-year-old "Brian Joubert" for heroic action taken December 27, 1995 in the parking lot of HEB Pantry Foods on Major Drive to assist a patron involved in a confrontation with purse snatchers. -000- Police Chief Tom Scofield presented a Certificate of Appreciation to Brian Joubert on behalf of the Beaumont Police Department that read, "Certificate presented to Brian Joubert for your assistance in the apprehension of a robbery suspect." Chief Scofield told Brian that his quick action and observation helped the Police Department to do their job in aiding the victim. He said that citizen participation in crimes such as these is greatly appreciated and congratulated Brian for his valor. Mayor Moore asked Brian to share his feelings with the audience and Brian said that he was doing his job at HEB and that he has a warm feeling in his heart and appreciates the recognition City Council, the Police Department and everyone has given him. Mayor Moore added that it is wonderful to have the media present to witness an outstanding deed performed by a young person and said this happens everyday in our community. Mayor Moore said he is glad that Council became aware of this act and proud to have the opportunity of having Brian here today to express appreciation to him, because it is people like him that make a difference in the community. -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 2-6. Mr. Lynn DeMary, 430 East Elgie, addressed Council in appreciation of Agenda Item 2 regarding bond purchase agreements, Agenda Item 4 acquiring property for the Charlton-Pollard Neighborhood Revitalization Project and Agenda Item 5 clearing lots for construction of home for the Project. Mr. DeMary commented that the bond issuance represents city-wide improvements and the two other items are moving forward with progress in the Charlton-Pollard Neighborhood Revitalization. Mr. Allen Lee, 5095 Maddox, addressed Council to state that he received a letter from a lady who said cleaning up the "cancerous rate" in the Charlton-Pollard neighborhood should be dealt with before building more homes and putting more African Americans in that area. 26 January 23, 1996 The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council meeting held January 16, 1996; Resolution No. 96-19 appointing Phillip Long to the Plumbing and Mechanical Board of Review and Jesse Haynes to the Convention and Tourism Advisory Committee for terms expiring January 22, 1998; reappointing Bonnie Cokinos to the Convention and Tourism Advisory Committee for a term expiring November 1, 1997; Ida Mae Bouligny to the Senior Citizen Advisory Committee for a term expiring November 15, 1997; and Mary Sims to the Rehabilitation Board of Adjustments and Appeals for a term expiring September 14, 1996; Resolution No. 96-20 authorizing acquisition of Parcel 44: 0.155 of an acre out of Lot 16, Block B, Amelia Heights Addition (southeast corner of FM364/Major Drive and Washington Boulevard) from Michael Kreager, Trustee, and John H. Felton, Individually, for the appraised value of $10,700.00 for the FM 364/Major Drive Project; Resolution No. 96-21 authorizing eminent domain proceedings to acquire Parcel 32: 1.134 acres out of Lot 1, Block 8 of Wescalder Fig Acres Addition for the appraised value of $13,620 from owners, Richard Evans, Sr. and Frank Eastman, et al for the FM 364/Major Drive Project; Resolution No. 96-22 authorizing execution of a deed (City-owned property originally purchased for a water tower site in 1982) for Parcel 28: 0.100 of an acre out of the C. Williams Survey, Abstract 59 to the State of Texas for the FM364/Major Drive Project; and Resolution No. 96-23 authorizing an annual contract with R & R Uniforms for uniforms for the Police Department in the amount of $17,171.75 (men's and women's short sleeve shirts @ $29.95; men's and women's long sleeve shirts @ $32.95; men's and women's uniforms pants at $32.60; uniform caps @ $25.50; metal shirt button and hardware @ $.35; BPD patrol and staff patches at $2.25; and USA flag patch at $1.00). The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Patterson. Question: Ayes: All Nayes: None Assistant Vice-President Rod Carroll, on behalf of First Bank and Trust, presented a cash award to Brian Joubert for his valor, courage and quick action taken in defense of a victim in a purse snatching robbery on December 27, 1995. Mr. Carroll informed Brian that his mother, Peggy Joubert, an employee at First Bank and Trust, is quite proud of his courageous deed, as well as First Bank and Trust. 27 January 23, 1996 Ordinance No. 96-5 granting a Specific Use Permit to the Beaumont Seventh Day Adventist Church, represented by Deacon Marshall W. Duff and Bruce W. Baxter, architect, for construction of a church in an RM-H District at 3175 South Major Drive, south of Willow Bend Drive abutting the Willow Creek Town homes, subject to: 1. All drainage directed west to South Major Drive; 2: Phase II parking lot constructed at time of church construction; and 3. The tract to be subdivided according to Chapter 24 of the Code of Ordinances, was considered: ORDINANCE NO. 96-5 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE CONSTRUCTION OF A CHURCH IN AN AREA ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING- HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 3175 S. MAJOR DRIVE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 96-5 was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Ames. Question: Ayes: All Nayes: None -000- City Manager Riley introduced Agenda Item No. 2 authorizing bond purchase agreements on $16,205,000 in Refunding Bonds, Series 1996 and $16,000,000 in Certificates of Obligation, Series 1996 and asked Mr. Frank Ildebrando, the City's Financial Advisor with Rauscher Pierce and Refsnes, to make a report to Council. Mr. Ildebrando called Council attention to the Market Summary for both bond sales, indicating that the interest rates received are approximately 1/2% lower than previously estimated with the interest cost on the Refunding Bonds at 4.964% and 5.127% on the Certificates of Obligation. Mr. Ildebrando reviewed the cover of the Official Statements showing interest rates in each specific maturity of each issue, called attention to the Market Rate Comparisons of other Triple A rated bonds sold compared to the sale of Beaumont's bonds the week of the sale showing that Beaumont's interest rates equaled or were lower in virtually every maturity. He said the underwriters performed extremely well of hitting the market and selling the bonds at the right price. He next presented the Debt Service Schedule that indicates actual interest to be paid per issue per year and noted that the target amount of tax supported debt came in approximately $65 to $70,000 less each year for approximately one-half million dollars less in interest payments estimated over the life of bonds. Mr. Ildebrando reported out that the Moody's Investor Service rating for the City of Beaumont's credit rating has been upgraded to A-1, a full recovery since the ESM crisis in 1985. Lastly, he presented a Summary of Underwriter's Sales, indicating individual sales of each underwriter. Mr. Ildebrando confirmed that the underwriters performed much as expected and said 28 January 23, 1996 they did a very good job. Mr. Ildebrando told Council that bond purchase agreements must be adopted today to execute sale of the bonds and that next week the legal documents for adoption of the bond order issuing both bonds will be on the agenda. Council expressed appreciation to the City Manager and Staff for overseeing a good financial structure for the City of Beaumont, commented about the lower insurance premiums resulting from the upgraded rating and the interest savings to tax payers and said because of the City Manager, Staff and community at large, the City has the best financial picture ever relating to funds available in reserve accounts and by any standard, exceed the achievements of 1985. In addition, Mayor Moore said the vision of City Staff, such at Public Works Director and Water Utilities Director S. A. Webb, regarding forthcoming repairs, expansion and improvements for the city has been significant in preparing Council for prospects of the future and having the necessary infrastructure and capacity in place at this moment. Resolution No. 96-24 authorizing a bond purchase agreement on $16,205,000 in Refunding Bonds, Series 1996 was considered: RESOLUTION AUTHORIZING BOND PURCHASE CONTRACT REGARDING THE CITY OF BEAUMONT, TEXAS REFUNDING BONDS, SERIES 1996 Resolution No. 96-24 was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None Resolution No. 96-25 authorizing a bond purchase agreement on $16,000,000 in Certificates of Obligation, Series 1996 was considered: RESOLUTION AUTHORIZING CERTIFICATE PURCHASE CONTRACT REGARDING THE CITY OF BEAUMONT, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 1996 Resolution No. 96-25 was approved on a motion made by Councilman Goodson and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 96-26 authorizing a contract with Casco Industries, Inc. in the amount of $34,700.00 for protective clothing/bunker gear for the Fire Department (approximately 50 coats at $416 each and pants at $278 each, $694 per set) was approved on a motion made by 29 January 23, 1996 Councilman Cokinos and seconded by Mayor Pro Tem Ames. Question: Ayes: All Nayes: None -000- Resolution No. 96-27 authorizing acquisition of Parcel 41: Lot 5, Block 4, McGovern Addition (520 Jackson Street)for the appraised value of$2,700.00 presented by Jack Aulbaugh from Mamie and Arthur Green for the Charlton Pollard Neighborhood Revitalization Project was considered. Councilman Cokinos thanked Staff for providing the independent appraisal information he requested last week, reiterated his disapproval of accepting an appraisal higher than that of the Appraisal District, said there should not be such a disparity in the appraisals and again commented about outstanding back taxes. Mr. Riley explained State statutes requiring Council action on land purchases and independent appraisals, said the purchases for the Chariton Pollard Neighborhood Revitalization Project are being purchased from Community Development Block Grant funds and the Department of Housing and Urban Development has certain rules and regulations we are required to follow in expending those funds. The appraisal rendered by the Appraisal District for the purpose of levying taxes is not recognized. An appraisal from an independent appraiser used for sale purposes is required and we cannot negotiate that appraisal value. Other comments included appreciation for saving money, an assessment that the appraisal seems to be in line with other appraisals with land values at about $.35 or $.36 per foot, a request that Council be consistently provided per square foot value of the properties and acknowledgment that the higher appraisal is a plus to the community and a positive indicator. Resolution No. 96-27 was approved on a motion made by Mayor Pro Tem Ames and seconded by Councilman Patterson. Question: Ayes: Mayor Moore Nayes: Councilman Cokinos Mayor Pro Tem Ames Councilman Goodson Councilman Patterson -000- (Councilman Davis arrived at 2:14 p.m. during presentation of R-96-28.) Resolution No. 96-28 authorizing a contract with American Remediation in the amount of $28,495.00 for the clearing of ten (10) adjacent parcels of property located in the 2200 block of Sabine Pass, the 400 block of Neicy and the 400 block of Flowers Street, described as Lots 6 through 13 and parts of Lots 5 and 14, Block 1, Flowers Addition, for construction of ten (10) 30 January 23, 1996 homes to commence by mid-February for the Charlton Pollard Neighborhood Revitalization Project was approved on a motion made by Councilman Goodson and seconded by Mayor Pro Tem Ames. Question: Ayes: All Nayes: None -000- After a brief discussion, Resolution No. 96-29 accepting the $30,940.12 bid of Dean Pump, Inc. for the abandonment in place of a 4,000 gallon steel tank located at the Police Station and for the installation of a 2,000 gallon fiberglass fuel tank designed to meet the Environmental Protection Agency and Texas Natural Resources Conservation Commission regulations for underground fuel storage facilities was approved on a motion made by Councilman Goodson and seconded by Councilman Patterson. Question: Ayes: All Nayes: None Mayor Moore noted the broad span between the lowest and second low bid, confirmed confidence in Staff perusal that the low bid met all specifications and asked that if any changes are made, the item be brought back to Council. -000- Mayor Moore asked the City Clerk to give her report concerning a petition to create a Civilian Review Board. She read from a memo written to the Mayor and City Council, dated January 22, 1996 concerning the initiative Petition: "In accordance with Article XI, Section 3 of the Charter of the City of Beaumont, I am certifying the results of the Initiative Petition recently refiled by Mr. Allen Lee after finding of insufficiency. It was refiled on Monday January 8. 1 find the petition to be insufficient in the following particulars: 1) It was refiled on the eleventh (11) day after its receipt by Mr. Lee. The Charter requires that the petition be amended within ten (10) days. 2)A valid petition would have required a valid signature, printed name, residence address, voter precinct number and voter registration number of 3,395 qualified voters of the City of Beaumont. The petition contained 2,485 such signatures. This review of the petition was completed on Wednesday, January 17th, at approximately 4:30 p.m." The City Clerk said that copies of the memo were sent to Mr. Allen Lee, the City Manager and City Attorney. 31 January 23, 1996 Councilman Davis expressed concern about declined attendance at neighborhood association meetings in Ward III and asked for Staff assistance in reviewing neighborhood associations and to make suggestions for attendance improvement and how to make citizens aware of their valuable contributions at these meetings. Mayor Moore pointed out that perhaps an attendance decline is a positive, not a negative indicator, and that perhaps the decline is because his constituents see their needs being met and unnecessary to attend the meetings. Councilman Patterson complimented and congratulated the City Manager and Finance Department Staff, said a half-million dollar savings in interest on the bond issues is significant and said she is pleased with the A-1 rating the City received. Also, Councilman Patterson announced Operation One Vote will conduct another voter registration drive on Saturday, January 27, from 10:00 a.m. to 4:00 p.m. at all eleven (11) Market Basket and Lucky Seven stores throughout the city. Mayor Moore shared that P. D. Glycol received the OSHA Star Excellence Award for outstanding safety and operations at the plant on Gulf States Road last week and said it speaks well of our community in that corporate entities are balanced with the quality of life we desire for our citizens. Mayor Moore congratulated State Representative Al Price, Dr. Carroll Thomas, BISD School Superintendent, and the Southeast Texas Development Corporation for sponsoring a seminar with Dr. Leon Sullivan, president of Morehouse College, as keynote speaker and an excellent day of activities for the young people. Another speaker included Mickey Washington who helped make the event exciting for the young people. He thanked all those who participated in the function. Mayor Moore shared Council's commitment to keep council meetings open for citizen involvement, added comments about neighborhood association input and announced that next the regular session of City Council will be held at the John Gray Institute on Lamar University's campus at 6:30 p.m. This will be the first fifth Tuesday of the year and an effort to take the meetings into the neighborhoods beginning in Ward IV with others conducted on fifth Tuesdays in other wards. -000- Mayor Moore invited citizen comments on any subject and requested that comments be limited to the three to five minute time frame. Mr. Allen Lee, 5095 Maddox, addressed Council to refute the invalidity of his petition, said the deadline was met, the intent of the Charter was never meant to ambiguous with no date for the City Clerk's office to complete the amended petition, spoke about willful malice, ignoring 4,000 petitioners for a review board, complained about insufficiency ruling of registered voters, spoke to need of purging voter registration list, compared the number of registered voters to census figures, charged a conspiracy and cover up within City government. Mr. Lee complained about petition process information given him by City Clerk and City Attorney personnel, said he will file a law suit against the City of Beaumont, a Declaratory Judgment at District Court or Criminal Court or solicit 32 January 23, 1996 Justice Department intervention, claimed racism in the Police Department, spoke about the school district and the District Attorney's office and stated expressions recently coined to represent racism. Mr. L. E. Johnson (no address given) addressed Council to complain about Police harassment, spoke about his daughter's death, cited incidents with police officers he felt were unacceptable and requested they be removed from street duty, claimed he has registered his complaints with authorities at the Police Department and spoke in support of Citizen Review Board for the Police Department. Mr. Charles Johnson, 5080 Helbig Road--Plymouth Village Apartments, addressed Council in support of the Civilian Review Board, said the right "to examine the content of character" of every officer is all that is being asked, said this is not a racial issue, reported a visit from a police officer and requested removal of that officer from the Plymouth Village Apartment Complex and stated that articles in the Beaumont Enterprise suggest that Council has already decided against a Citizen Review Board. Mr. Johnson said he was quoting from the Beaumont Enterprise that said "Many people think they have treated poorly at the hand of the police, but many people also ought to consider that their behavior brought that treatment on themselves." Mr. Johnson disclaimed this statement, spoke of patrolling Plymouth Village, excessive speeding and opening the back gate to the complex to allow school bus entrance. Mayor Moore suggested that some of the concerns expressed by Mr. Johnson should be directed to the apartment management, said that he and Councilman Davis will be visiting Plymouth Village and spoke about the improved living changes there and asked that Mr. Johnson advise him of the next resident meeting. Councilman Davis showed Council a Staff report concerning Mr. Johnson's complaints presented last week, volunteered to share that report with Mr. Johnson after Council meeting and told Ward III residents that their complaints will be investigated. Mrs. Ruth Naumczik, 370 Giles. addressed Council to speak about the good things happening in Beaumont, thanked Council for their leadership and loyal support to constituents, complimented the informative newsletter distributed by Councilman Patterson with water bills, said Beaumont has one of the finest police chiefs who has put in place a Community Oriented Policing Program, the Civilian Police Academy and the Citizens on Patrol Program. She spoke of volunteers and neighborhood associations working with the Police Department. She claimed that Beaumont is an example for other cities, said that Beaumont now has forty-four neighborhood associations working and said we need to continue working with the Police Department and again applauded City leadership. Ms. Geri Hudson, 1760 Terrell, stated to Council that the newspaper reported the Civilian Review Board to be a moot question because both Black and White Councilmembers are against it, claimed that Michael Siebe is the only police officer ever found to be guilty, reviewed an incident 33 January 23, 1996 of alleged brutality by a police officer who was found not guilty, but the lady was given a financial award for compensation by the City, spoke about Council endorsement by the Police Department and cited another incident with a police officer. The Reverend Samuel Laday, Route 5, Box 557, Beaumont, whose business is located at 1445 Lindbergh, addressed Council to state that the need for a Citizen Review Board remains, said people have been beaten by police officers, said the need for the Review Board has become a personality matter and that it should be a concern about citizens. The Reverend Laday said that citizen desire for a Review Board began before August, spoke about the possibility of Beaumont becoming a model city, said he will consult with the City Clerk regarding petition validity requirements, told Council they could put a Review Board in place and expressed his belief that no one will examine and find himself guilty. He also spoke about having legal counsel, the commandment by Jesus to love one another and discussed a legal remedy to be put in place to provide legal representation for the poor proposed by Dan Morales. Ms. Glenda Dent, 2070 Harriott, addressed Council in support of the Citizen Review Board, said she helped with gathering information for the petition, said the Review Board is for all citizens and expressed views on other issues such as newspaper articles, her son, rights of citizens and justice. Mr. Robert Preston, 1190 Iowa, attempted to begin discussion with the City Attorney and was advised by the Mayor to state his comments and perhaps questions could be answered later. Mr. Preston talked of past Legal Department personnel during what he called "days of legalized prostitution," the Police Department, Tom James (conducted an investigation), compared past and present legal counsel, complained about a non-responsive former mayor and neighborhood association president and said the neighborhood association was organized because of a citizen's dissatisfaction with the Police Department. Mr. Preston commented about regularly sending a fax to Council, City Manager responsibility of the Police Department addressed by the Charter, accused corruption by City personnel and refusal to enforce laws around his home and spoke of a disagreement with his neighbor. Mr. Kenneth Twine, 1090 Harriott, told Council he did not sign the petition, but is in favor of a Citizen Review Board. Mr. Twine related an incident that he and his son had with a police officer in his yard, the fear they experienced, his displeasure with police response at a hearing and asked Council to consider a Citizen Review Board for everyone. Mrs. Pat Henderson, 970 Saxe, addressed Council to express appreciation to Public Works Director Tom Warner, City Manager Ray Riley and Council for the progress made on the South Park Drainage Project. She discussed starting dates, acquisition of rights-of way for increased capacity of the outfall ditch and said the majority of law abiding citizens are grateful for the improvements that have created a better and safer situation in Beaumont. Mr. George Jackson, 520 Norvell, addressed Council in opposition of a Police Citizen Review Board. Mr. Jackson said the Police Department faithfully helps people in times of distress, said 34 January 23, 1996 the Chief of Police is responsive, and expressed his view that a Review Board would handcuff the Police Department. Mr. Tobe Duhon, 2545 Amarillo, addressed Council in opposition to recent action financing a pilot program for after school activities. Mr. Duhon said the State provides monies for tutoring programs, and if churches want to get involved in community services, they should provide the facilities and volunteers. Also, Mr. Duhon expressed views about a Citizen Review Board. He said members would be appointed by Council and probably would reflect the feelings of Council, said the issue can be on the ballot and decided by the citizens. Mr. Tony Jones, 3715 East Lucas, addressed Council in favor of night Council meetings, said he will not be able to attend because no public transportation is available after 6:00 p.m. and requested that added transportation be considered. Also, Mr. Jones addressed the need for bus service to the new Super Walmart and the Social Security Office. Councilman Davis advised Mr. Jones to contact Kyle Hayes at the number listed at the bottom of the first page of the Council Agenda. -000- Mayor Moore told citizens their participation is appreciated, said a number of issues have been reviewed during recent weeks, said Council understands the concerns of citizens and is in tune with situations, spoke about Citizen Review Board appointments, said Council will look at possibilities, but will not be bullied, pushed or abused, but will do what is practical and fair for everybody. Mayor Moore said all is not perfect, but tremendous improvements have been made, said endorsements mean nothing if compromise or wrong is required. He said City Council will represent all people and issues will be resolved one at a time and discussed hard personnel decisions that the Police Chief had to make. Councilman Davis pointed out that the South Park Drainage Project that Councilman Patterson first encouraged has started to come to fruition. -000- There being no further business, the regular session of City Council recessed before convening in executive 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 January 23, 1996. Rosemarie Smith City Clerk 35 January 23, 1996