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HomeMy WebLinkAboutMIN NOV 04 1997 M I N U T E S - CITY OF BEAUMONT Lulu L.Smith DAVID W. MOORE, MAYOR Becky Ames, Mayor Pro Tem Guy N.Goodson CITY COUNCIL MEETING Andrew P.Cokinos John K.Davis NOVEMBER 4, 1997 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 November 4, 1997, 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 Moore called the meeting to order at 1:37 p.m. Father Dan Bailey, St. Michael's Orthodox Christian Church, gave the invocation. Attorney Bob Wortham led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson. Also present were Ray A. Riley, City Manager; Lane Nichols, City Attorney; Patrice Fogarty, City Clerk; and Barbara Liming, Deputy City Clerk. *Presentations and Recognition Three proclamations were issued: "National Hospice Month," November 2, 1997; "Home Care Month," November, 1997; and "Nutcracker Holiday Market Days, November 7 and 8, 1997. *Public Comment: Citizens were invited to comment on the Consent Agenda and Main Agenda Items 1-4. No one wished to address these subjects. CONSENT AGENDA The following consent agenda items were considered: * Approval of the minutes of the regular meeting held October 28, 1997; * Confirmation of committee appointments - No appointments made A) Approve vehicles and equipment purchases for use in the Public Works Department, Streets and Drainage Division 1) Approve the purchase of a tandem axle cab and chassis (Olympic Truck Sales, $87,764.74) - Resolution No. 97-274 2)Approve the purchase of a 14-cubic-yard dump truck(Olympic Truck Sales, $78,574.58) - Resolution No. 97-275 3) Approve the purchase of a lowboy trailer (Mustang Tractor & Equipment Company, $45,094) - Resolution No. 97-276 B) Approve the purchase of furniture for the Elmo Willard Branch Library (Corporate Express, $17,453.88 for children's furniture and office furniture; Robert Weisz Office Furniture, $29,933.00 for lobby and lounge furniture; and Advanced Office Systems, $27,420.00 for shelving) - Resolution No. 97-277 C) Accept improvements constructed in Manion Court for City Maintenance (first 45 feet of street pavement, Manion Drive Extension, fronting Lot A will be dedicated a public right-of- way and water and sanitary sewer improvements in Lot A, Lots 1-11) - R-97-278 Councilmember Smith moved to approve the Consent Agenda. Mayor Pro Tem Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None GENERAL BUSINESS 1. Consider approving a three-year labor agreement with the Beaumont Police Officers Association Councilmember Cokinos moved to approve Resolution No. 97-279 authorizing a three-year contract with the Beaumont Police Officers Association, with a 3% increase effective October 1, 1997, an additional 3% increase on October 1, 1998 and October 1, 1999, and a 1% increase on April 1, 2000 . Mayor Pro Tem Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 2. Consider approving modifications to the City's Prescription Drug Plan Minutes;11 104/97;Page 2 Councilmember Davis moved to approve Resolution No. 97-280 authorizing copay changes effective January 1, 1998, to the City's prescription drug program with a $3.00 copayment for generic drugs prescriptions, $15.00 copayment for name brand prescription drugs with no generic availability and $20.00 copayment for name brand with generic equivalents and with a maximum 30-day prescription supply. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 3. Consider approving the purchase of a tractor with a front end loader and rear mounted backhoe for use in the Public Works Department, Streets and Drainage Division Councilmember Cokinos moved to approve Resolution No. 97-281 authorizing purchase of one (1) Ford New Holland Model 555E tractor with a front-end loader and rear-mounted backhoe in the amount of $44,980.00 from Oil City Tractors, Inc. Mayor Pro Tem Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 4. Consider approving the purchase of an ambulance for use in the Emergency Medical Services Division (EMS) Division Councilmember Goodson moved to approve Resolution No. 97-282 authorizing purchase of one Frazer Type 1 ambulance from Frazer, Inc. in the amount of $79,750.00. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 5. Consider an ordinance nominating an area as an Enterprise Zone and a Reinvestment Zone for State designation City Manager Ray A. Riley explained that a public hearing is required to be held to amend the City of Beaumont's ordinance to add the wording "and a reinvestment zone" after "enterprise zone" in Section 5. Also, Mr. Riley said a slight amendment extending the zone Minutes;11 XM7;Page 3 9,100 feet southwest of Smith Road to include the entire Goodyear Company complex is requested because of Goodyear's planned major expansion. A public hearing was opened at 2:17 p.m. to consider amending the City of Beaumont's ordinance nominating an area as an Enterprise Zone and a Reinvestment Zone for State designation. No one wished to address the public hearing. The public hearing was closed at 2:18 p.m. Councilmember Smith moved to adopt ORDINANCE NO. 97-58 ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 97-40 BY ADDING THE LANGUAGE "AND A REINVESTMENT ZONE" TO SECTION 5;AND THAT THE ZONE BE ENLARGED BY EXTENDING IT 9,100 FEET SOUTHWEST OF SMITH ROAD, PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None OTHER BUSINESS *Review proposed plans for construction of Folsom Street (Crow Road - Dowlen) Public Works Director Tom Warner briefly reviewed plans for Folsom Drive outlined on Exhibit "A" that include construction of five (5) lanes at Dowlen Road, turn lanes and median modifications. Mr. Warner reported that estimated construction costs will be $1,583,000, that construction will not commence until after the holidays and will take approximately fifteen (15) months for completion. Council questions and comments included inconvenience to citizens and businesses, partial access opposed to complete closure of streets, necessary property acquisition, curb cut at the Tobe Hahn Past Office, the Water Department's relocation of water lines, the TXDot project, starting line of the project and possibility of interruption of traffic flow during the 1998 holiday season. Mr. Warner stated that projects will be coordinated so that one will not commence before another ends, that property acquisition is negligible, and that fifteen (15) months is the maximum time expected for construction, but favorable weather conditions could reduce that time significantly. Mayor Moore asked that precautionary measures be taken to insure consideration to businesses and citizens during this reconstruction and to report back to Council when the actual work begins. COMMENTS * Councilmembers comment on various matters: Minutes;11)0"7;Page 4 Councilmember Goodson complimented TML staff for the great conference and annual meeting held last week, said he learned a great deal from other city representatives. Councilmember Smith reported that an upbeat program was presented at the TML meeting that will lead into the next millennium, said the Work Force Commission and Welfare Reform Act dovetails, said she received additional information that she will copy and share with Council, and spoke of a five-year limit for welfare recipients. Mayor Moore complimented Councilmember Smith for moderating a panel discussion at TML and admonished pastors, NAACP personnel, and counselors to educate themselves on the new welfare reforms and five-year lifetime limit. Councilmember Patterson reminded everyone to exercise their right to vote today, complimented Councilmember Smith for an excellent presentation and job as moderator of a session at TML, congratulated American Legion Post 817 for dedication of their new post and said the Veteran's Conference at the Harvest Club went well last Saturday. Mayor Moore interjected that Councilmember Patterson was elected to serve as a board member of the Texas Association of Black Councilmembers at TML and congratulated T. J. Patterson, president-elect of TML. Mayor Moore said that Mr. Patterson is a hard worker for the State of Texas, an outstanding member of TML and the first African American to be elected as president of TML. * Public Comment (Persons are limited to 3 minutes) Mr. Eddie Senigaur, 4455 W. Cartwright, presented an informal petition with approximately 2,260 signatures requesting that the name of the new library in the north end of Beaumont be amended to be called the T. R. Johns and Elmo Willard Library. The Reverend G. W. Daniels, pastor of Sunlight Baptist Church, addressed Council in support of adding Mr. Johns' name to the library. He said that Mr. Johns and Mr. Willard worked together as law partners and for the civil rights of the Black community, and that Mr. Willard would not have accomplished all that he did without Mr. Johns, and that both names should be on the library. Mr. Bob Wortham (a local attorney) spoke of his early career in 1974 in the Jefferson County District Attorney's office, his association with Mr. Johns and Mr. Willard, said they put inspiration into the practice of law and worked as a team, day in and day out, before there was pro bono and said they should remain together in naming the library. Mr. Kent Johns, son of Judge Theodore R. Johns, thanked those who signed the petition in favor of his father's name being added to the library, said that the omission of his father's Minutes;11/04/97;Page 5 name will not accurately reflect history because of their close business association and fight for human rights, and presented Council with copies of newspaper clippings. Mr. Johns spoke of past difficult times that needed the leadership of Mr. Theo Johns and Mr. Elmo Willard, said they were men of courage, sacrificed economic opportunities to make changes, elaborated on their teamwork and said the intent is not to diminish the honor given to Mr. Willard, but to ensure that history will be reflected correctly. Mr. Lewis Hodge, 4120 Pierre Drive, addressed Council as a former law partner of Theo Johns and said he does not want fraud perpetuated by excluding Mr. Johns' name from the library and requested that he be recognized and his name added to the library. Mrs. Bobbie Johns, former wife of Theo Johns and mother of Kent and Ted, addressed Council to substantiate the request for history to be accurately reflected, said that her husband and Mr. Willard worked together and her desire is that young people will know exactly what occurred in the partnership of her husband and Mr. Willard. Mr. Greg Shepard, 7880 Stone Circle, invited Council to attend the closing presentation of the Power of People Tour conducted by Texas-Entergy President Karen Johnson, Wednesday evening at 6:30 p.m. at the Edison Plaza. Councilmember Cokinos expressed a desire to support the request of the petitioners to amend the name of the library to include Mr. Johns. He said the request is not unreasonable or too late, said Mr. Johns and Mr. Willard worked as a team against a segregated society, drew courage from each other and changed the climate of society as a team. Councilmember Cokinos stated that these two great men faced civil rights together in Beaumont, that it would be as wrong to recognize one as it would be to recognize neither and suggested that the library be called the Johns-Willard Branch with appropriate plaques erected. Councilmember Davis expressed pleasure with the attendance of distinguished African- Americans at Council today, said similar Council comments were not heard in 1995, agreed with speakers that Judge Johns is a tremendous individual and that is why he supported his appointment as a Municipal Court Judge, said his disappointment is not in the worthiness of Judge Johns, but in the failure of today's suggestion not being brought forward in either 1995 or 1996. He discussed other library name suggestions, questioned fairness to these previous considerations, said he was never directly approached about the petition and learned of it from a third party that there was interest in a dual name for the library, said that only Willard supporters were present when there was public debate regarding the library naming, and again addressed the appropriateness and timeliness of Council amending the name of a library that is already constructed and the name plaque ordered. Further comments included Mr. Johns' worthiness, presentation and acceptance of the petition in love, and the complexity of presenting the request in an after-the-fact fashion. Minutes;11 KM7;Page 6 Because of apparent citizen interest in additional comments, Mayor Moore announced that added opportunity will be given for public comment and asked that emotions remain calm, that petitioners leave with the same feeling of love as they felt in presenting their request. Mr. Ted Johns (son of Theo Johns) spoke of the humbleness of his father and of Councilmember Cokinos, said sometimes others have to speak for the humble and spoke of his desire to see that an injustice is not done. Mrs. Bobbie Johns again addressed Council to respond to the question of not coming to Council earlier and stated that she met with Mrs. Willard; they drafted and signed letters addressed to Council regarding naming the library after their husbands and questioned receipt of their nomination. Mrs. Johns compared her husband being left out of the Johns- Willard history to the mayor's picture being omitted from those hanging on Council walls. Councilmember Davis reiterated that the worthiness of Mr. Johns is not questioned, again addressed timeliness, what consideration is due other original nominees, the fact that Mrs. Willard was at Council the day a resolution was passed naming the library, said all facts were not presented on the petition, said he is receptive to a special recognition of Judge Johns, who is still living and a City employee, suggested a meeting to solve the concerns of the 2,260 petioners and recounted setting up the meeting two years ago between Mrs. Johns and Mrs. Willard. The Reverend W. T. Hankins stated that timing of the request to amend the name of the library may be wrong, but the issue remains, and that their desire is that history not be ignored. He said that the issue at hand should be addressed and do what should be done, be big enough to swallow some pride and let justice be done by naming the library the Johns & Willard Library. Councilmember Davis volunteered to meet with interested parties Friday morning at 10:00 a.m. Sunlight Baptist Church was chosen as the site for the meeting. Mayor Moore referred to the newspaper clippings presented earlier, said that history doesn't always portray happenings correctly and that it can't ever tell the whole story. He emphasized that legacies aren't names, but actions. He stated that Council always tries to compromise for the best of the entire city. Mayor Moore said that he wants to give honor to Judge Johns, said we don't have a problem, but an opportunity that we don't want blemished. EXECUTIVE SESSION *Executive Session in accordance with Section 551.074 of the Government Code to consider the evaluation of appointed officials: specifically the City Manager Minutes;11/04197;Page 7 There being no further business, the meeting adjourned at 3:32 p.m. to reconvene in executive session. Mayor David W. 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