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HomeMy WebLinkAboutMIN MAY 14 1996 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MAY 14, 1996 - 1 :30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 14th day of May, 1996, with the following present: HONORABLE: David W. Moore Mayor 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 Absent: Becky Ames Mayor Pro Tern Councilman-At-Large Ray A. Riley City Manager Lane Nichols City Attorney Barbara Liming Deputy City Clerk -000- The Invocation was given by the Reverend Webster West, University Church of the Living God. The Pledge of Allegiance was led by Police Chief Tom Scofield. -000- Mayor Moore announced that Mayor Pro Tem Ames is out of town receiving training for her new job. -000- Eight Proclamations were issued: "National Police Week," May 13-18, 1996; a Proclamation recognizing students Mustafa Abdul-Jabbar, Jonathan Engle, Alyssa Hansen, and Bethany Brown, coached by Mrs. Mary Ann Cohen, from Marshall Middle School who won the State Championship in the Intermediate Division in the Problem Solving Program; "Salvation Army Week," May 12-18, 1996 (95th Anniversary); "National Preservation Week," May 12-18, 1996; 163 May 14, 1996 "Try Transit Week," May 13-17, 1996; "National Safe Boating Week," May 18-24, 1996; "Nursing Home Week," May 13-17, 1996; and a Proclamation commending Trice "Ty" Taylor for outstanding perseverance in overcoming his disability and graduating from Lamar University in less than four years. -000- Mayor Moore announced that an executive session will be conducted following the regular session of City Council in accordance with Section 551.074 of the Government Code to consider the appointment or employment of a public officer or employee: specifically the City Clerk. -000- Certificates of Award from the Texas Safety Association for achievement in vehicular safety and accident reduction of 10% or greater were presented to: City of Beaumont Water Distribution, Water Reclamation, Water Sewer, Water Production, and Waste Water Divisions, City of Beaumont Building Codes Inspectors, two awards to the City of Beaumont Streets and Drainage Division, City of Beaumont Planning Division, City of Beaumont Animal Control, City of Beaumont EMS, City of Beaumont Clean Community Department, City of Beaumont Police Department, and the City of Beaumont Library. Mayor Moore complimented the improved efficiency and level of productivity that is associated with receipt of these awards and congratulated the departments for the accomplishment. -000- Citizen comment was invited on the Consent and Main Agendas. No one wished to address these subjects. -000- The following Consent Agenda items were considered: Approval of the Minutes of the City Council meeting held May 7, 1996; Resolution No. 96-119 appointing Paula Dunham to the Community Development Advisory Committee and Robert Dunham to the Keep Beaumont Beautiful Commission for terms expiring May 13, 1998; and reappointing Bill Lytle to the Senior Citizens Advisory Committee for a term expiring May 3, 1998; Resolution No. 96-120 accepting $70.00 from the Beaumont Independent School District as 164 May 14, 1996 full and final payment for weed liens against property described as Lot 10, Block 7, Ogden Addition (to be used for expansion of Fletcher Elementary School campus); Resolution No. 96-121 authorizing acquisition of Parcel 46: 0.268 of an acre out of Lot 27, Block 1, Wescalder Fig Acres Addition from George E. Ellis, Jr., James 0. Ellis, and Margaret Ellis Bryan for the appraised value of $4,700.00 for improvements to FM 364 1Major Drive from Highway 10 5 to State Highway 124; Resolution No. 96-122 authorizing settlement of the claim of Della Howard in the amount of $5,093.27; and Resolution No. 96-123 authorizing purchase of one (1) set of compactor wheels from the Caron Compactor Company in the amount of $43,525.00 for replacement for one of the City's landfill compactors. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Patterson. Question: Ayes: All Nayes: None -000- In introducing Agenda Item No. 1, the City Manager told Council that the Charter provides that Council will annually select one of its members to serve as Mayor Pro Tem for a one-year period to performs the duties of the Mayor in his absence or inability to perform the duties of the office or if a vacancy occurs to become Mayor for the unexpired term. Councilman Davis stated the importance of this position, shared his esteem for Councilman Patterson who when approached as a candidate for the position of Mayor Pro Tem readily explained that she has limited time and declined the nomination. Councilman Davis said this reflects character of one who is willing to step aside for the betterment of the citizens. On a motion made by Councilman Davis and seconded by Councilman Patterson, Councilman Andrew P. Cokinos was elected to serve as Mayor Pro Tem. Question: Ayes: All Nayes: None Mayor Pro Tem Cokinos thanked the Mayor and Council for the honor of serving as Mayor Pro Tem for the City of Beaumont and said he will continue to strive toward making Beaumont a great city. Councilman Goodson commented that the number of years of service on Council is varied with he being somewhere in mid-range and said that during his tenure he has been pleased to make friends with his colleagues and would be pleased for any member of Council to serve as the Mayor Pro Tem and is confident in each of their abilities to perform the duties. 165 May 14, 1996 Mayor Moore complimented and thanked each Councilmember for the level of service and special strength they bring to the citizens. Councilman Patterson thanked Council for consideration as a candidate for the position of Mayor Pro Tem and explained that she has several projects in Ward IV to finish and has a new position outside the city that takes a lot of travel time. -000- (Councilman Davis left the Council Chambers at 2:32 p.m. during the introduction of Agenda Item No. 2 and was not present for the vote.) Resolution No. 96-124 authorizing purchase of a 100 ton air condensing unit and one (1) air handling unit from Delta Air Conditioning in the amount of$97,946.00 for the Beaumont Civic Center Complex was approved on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- (Councilman Davis returned at 2:34 p.m. during the presentation of Agenda Items 3 and 4 and was present for both votes.) Mr. Riley told Council that the next two items are concerning Entergy Corporation regarding a retroactive date for reduction of electrical dates and a resolution filing the rate case and asked City Attorney Lane Nichols to explain the details. Mr. Nichols said that in an attempt to be productive, he would combine the presentation for both items. He said that "on April 23rd, the Council enacted a resolution examining the current rates of GSU, and one of the reasons that the Council felt it necessary to do that was to establish a time against which rates might be retroactive." He added that the City "continued to negotiate in good faith and GSU/Entergy has continued to negotiate with the cities in good faith on that and have made a proposal to establish a June 1 retroactive date, and in return, they would merely file the rate case that was proposed in the merger document that was executed prior to the merger of Entergy and GSU, which would be in November. We...recommend that we accept that. It's, I think, a very equitable compromise between a full-blown rate case instituted by all the cities and just waiting a few months to take up the rate case that was already scheduled, and the June 1 date, we think, is fair...In order to do that, we propose two resolutions. The first one merely accepts the offer of Entergy of the June 1 date. The second one, then, provides--there won't be an interim hearing today which was originally scheduled on rates--and provides that Entergy will file it's rate case in a November time frame that was already proposed in the merger document." 166 May 14, 1996 Resolution No. 96-125 accepting the proposal from Entergy Corporation to establish a June 1, 1996 retroactive date for any reduction in electrical rates was approved on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: All Nayes: None Resolution No. 96-126 amending Resolution No. 96-103 to remove the requirement for a hearing on interim rates and authorize Entergy Corporation to file it's rate case in November of 1996 was approved on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Mayor Moore publicly thanked Mr. Cleveland Nisby and members of his coalition for an excellent memorial breakfast service in honor of former Secretary of Commerce Ron Brown. -000- Mayor Pro Tem Cokinos again thanked Council for selecting him to serve as Mayor Pro Tem. Councilman Smith said the ceremony conducted last night by Carolyn Howard for the preservation awards was a lovely presentation and commented that one of the honorees, Mr. Tom Henson, has renovated about seven (7) houses over the past eight (8) years and is truly remarkable, said Mr. Henson did not have much previous experience in carpentry, but saw the potential of the former Methodist Church parsonage on Broadway and did a beautiful job with that renovation as his first project. She said the second award went to the Old Town Neighborhood Association, said it was heartwarming to realize that one individual committed time and effort into revitalizing that neighborhood and building a community and then inspired others to join him. She said the residents of Old Town have inspired others to buy in the neighborhood and renovate the homes, said she appreciates all the people and their accomplishments. Mayor Moore added that the statement that claims preservation or revitalization begins one unit at a time is true and congratulated Mr. Henson for his vision. Councilman Davis said Councilman Smith is being too modest in her commendation of Old Town revitalization and said her leadership in Ward I has contributed a great deal and that Old Town residents are extremely happy with her leadership and help in solving some of their problems. Councilman Davis cautioned Mayor Pro Tem Cokinos to be careful and not allow his time to be scheduled for 14-hour days as does Mayor Moore! Also, Councilman Davis expressed concern about the drainage problem of Mrs. Ruby Briggs on East Simmons and asked Staff to strike a compromise. He requested that the City redirect the drainage from flowing intoMrs. Briggs yard 167 May 14, 1996 back to the alley by digging a ditch. Mayor Moore asked the Public Works Director to meet with him after Council regarding the same problem with Mrs. Briggs. Councilman Patterson announced that Neighbors in the Park will be held at Central Park on May 20th from 2:00 -4:00 p.m.; congratulated Schlesingers' Geriatric Center on the celebration of their 50th anniversary; congratulated the Beaumont Police Department in celebration of National Police Week; congratulated all the DARE students from Fehl, Blanchette, Fletcher and Ogden Schools upon their graduation; thanked the Beaumont Municipal Transit System for a wonderful lunch and the beautiful pin they gave her and announced that the L. L. Melton YMCA will kickoff their membership drive on May 18 with an open house and garage sale, food and said the pool will be open for children. Councilman Patterson said that when plans for street rehabilitation and Capital Improvements begins, she would like to speak with the City Manager and Public Works Director about items to put on the street rehab list. She identified Inez Street, Broussard Street for both drainage and street repair. For Capital Improvements, she requested that 11 th Street be moved from Category 3 to Category 1 and be concreted with curbs and gutters. She mentioned Virginia Street near Odom Academy is heavily traveled by children and needs a sidewalk on the north side, asked Staff to speak with DD6 regarding Usan Ditch No. 13's removal as a hazard and asked the City Manager to visit with her regarding last week's request for information of cities comparable in size to Beaumont dealing with park activities, problems and congestion. Councilman Smith added that the street repair program needs to be considered at a Workshop for the public and for Council to fully understand how the program was developed, the criteria and method used for determining which streets will be repaired first. Mayor Moore said that during the month of June Council will address the budget and discuss and review the Capital Improvement process so that everyone understands the procedure. Mayor Moore said this past weekend was busy, beginning with a challenging Saturday at the China Berry Parade in China, opening Kaleidoscope with Mayor Pro Tem Cokinos, then greeting the community heroes that will be the Torch Bearers for the Olympic Run in our community on the 22nd, attending the memorial breakfast for former Secretary of Commerce Ron Brown, the family reunion of Councilman Patterson, then serving as a storyteller in the afternoon and attending a ribbon cutting ceremony in Ward IV. He said that on Sunday afternoon he visited with many young adults at Tyrrell Park. Before opening the microphone for citizen comments, Mayor Moore informed citizens of a Citizen Inquiry form that has been used at Neighborhood Meetings for the past three years and will be initiated at Council. It will be a written inquiry with a 30-day response and will allow Council to contact citizens on a one-to-one basis. Mr. Thomas Lewis, 3715 South 11th Street, congratulated the Mayor and At-Large 168 May 14, 1996 Councilmembers upon their reelection to Council, thanked Councilman Patterson for speaking up for Ward IV residents, and complained about his business on South 11 th not being automatically zoned commercial with others around his business already having that designation, spoke about fines for operation of the business on a residential lot, and complained about receiving a citation from the Clean Community Division for cutting down an oak tree. Council explained the zoning process to Mr. Lewis, suggested he speak with the Planning Division and Councilman Patterson asked Mr. Lewis to meet with her after the Council meeting. Mr. Cleveland Nisby, 4520 Corley, thanked Mayor Moore for attending the memorial breakfast on Saturday, told Councilmembers Davis and Patterson he was sorry they were unable to attend, and requested Council support of automatic bank draft of water bills as a service for senior citizens, said he was told by Mr. Cline that 23rd Street from College to Washington was too late for the `95 budget, but might be considered in `96 or`97, stated that the street is heavily used by 18-wheelers and is also used for hauling mobile and portable building and creates a safety problem for children in the neighborhood. Councilman Patterson apologized for not being able to attend the memorial breakfast because of her family reunion, said she would like membership in his coalition, and volunteered for Mr. Nisby to contact her with his concerns. Mr. Chris Durio, 5360 Phelps Road, informed Council that he researched the use of Tyrrell Park and discovered that 12,175 people used the Tyrrell Park Community Center and 15,591 people used the Shelter last year. Mr. Durio expressed his opinion that Council might reconsider complete banning of alcohol at the park and initiate a small deposit requirement for use of the buildings to insure responsibility for cleanup and said that the Convention and Tourism Department reported that family and class reunions are responsible for 13% of the total revenue received from tourism last year. Councilman Davis told Mr. Durio he appreciated some of his ideas and questioned his receptivity to serving on the Parks and Recreation Advisory Board and told him that citizen participation toward solutions is needed. Mr. Robert Lynn DeMary, 430 East Elgie, addressed Council to add to Councilman Smith's comments about Old Town that Tom Henson has already rehabilitated six homes in Beaumont in about four different neighborhoods and has purchased two more on a destruction list to rehabilitate, commented that neighborhood associations have been part of the inspiration for rejuvenation of dying communities, said the Federation of Neighborhood Associations commends the Police Department, especially the Community Oriented Policing program and said they have met with 30-40 of the associations. Mr. DeMary said they would also like to recognize Officer Hulsey for his extreme sacrifice and the officers who are on patrol everyday and place themselves in harm's way and reminded citizens that on May 22nd the Olympic Torch will pass through Beaumont and they will provide opportunity to participate in an historic event showing Beaumont to be a fun place to be. Mr. Tony Jones congratulated the Mayor and Councilmembers upon their reelection, spoke of his desire for more usage of the transit system, evening transit service, shuttle service to special 169 May 14, 1996 events held Downtown or at Fair Park, spoke of a portion of the sales tax in some cities dedicated to operation of the Transit System, said he would like to see ridership increase because of increased gasoline prices that are expected to reach $2.15 to $2.25 per gallon by the turn of the century and commented about ridership in large cities and other countries. Mr. Allen Lee, 5095 Maddox, addressed Council to complain that accusations were made about him after he left Council last week, said the lawsuit he filed against the City is still on-going and began to make accusations against Mayor Moore who asked that remarks be confined to pertinent Council business and said that personal insults will not be tolerated. Mr. Lee continued to make loud accusatory comments over the Mayor's attempts to give instruction on proper conduct and subjects to discuss. Mr. Lee's comments included his opinions on personalities, the recent election, reason for Council action taken regarding Tyrrell Park, contributions to campaigns for particular Council candidates, a boxing match challenge, wading pools and police officers. -000- Councilman Davis expressed to the City Manager that we have gone through an election process and now may be the time to analyze how personal attacks, not pertaining to business, may be addressed. He suggested that Council consider the situation, said everyone has a right to discuss viable issues, but the camera present in the meetings is doing no good. Mayor Moore concluded that as usual, Mr. Lee has left the meeting after expressing his negative comments and assured those present that this Council works for everybody. He confirmed that insults will not be tolerated and said the business of the City of Beaumont is Council's concern. -000- There being no further business, the meeting was recessed to reconvene in executive session. -000- 1, 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 May 14, 1996. Barbara Liming Deputy City Clerk 170 May 14, 1996