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HomeMy WebLinkAboutMIN SEP 22 1987 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT MELD SEPTEMBER 22, 1987 - 1 :15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 22nd day of September, 1987, with the following present: HONORABLE: Maurice Meyers Mayor Bob Lee, Jr. Councilman At Large Andrew P. Cokinos Councilman At Large Lulu L. Smith Councilman, Ward I Mike Brumley Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Albert E. Haines City Manager Tyrone Cooper Assistant City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by Bishop David Gettus of the Church of Jesus Christ of Latter Day Saints. The Pledge of Allegiance was led by Mayor Pro Tem Brumley. -000- Mr. Al Pollans, Chairman of the Beaumont Sesquicentennial Commission, and Mrs. Mildred Hall, Chairman of "Stars Over Beaumont," announced that any monies that might remain in their treasury after the Sesquicentennial would be donated to the restoration of the Tyrrell Historical Library, and, in addition, they would conduct one concert during the celebration period and donate the proceeds to the restoration fund. The concert, "Stars Over Beaumont," was held August 19th at the Julie Rogers That:.: with local artists Cecilia Chaisson, Chris Richmond, and Keith Albright performing. Mrs. Hall presented profits of $16,501.00 to be transferred to the Tyrrell Historical Library Restoration Fs_±nd. -000- Reverend Glen Dromgoole and Mr. Robert Urich, City Manager for Sour Lake, and other delegates from Sour Lake appeared before City Council to convey congratulations upon Beaumont's Sesquicentennial and to pledge their support and to invite Beaumonters to attend Sour Lake's annual "Old Timer's Day" on Saturday, November 7, 1937. Reverend Dromgoole stated that "Sour Lake is noted for two things. First, it is noted for oil, particularly, it is noted for being the beginning point for Texas Co. Their first producing well was drilled in Sour Lake. Had it not been for Sour Lake, there may not be a Texas Co. today, and I don't know what Pennzoil would do! Secondly we're noted for the Sour Lake Springs which functioned in years past and gave to tour Lake its name. People from across Texas and even from many, many states of the Union came to bathe in the health-giving waters of Sour Lake. There was a beautiful hotel, an eleaborate hotel for that time. They stayed in the hotel, they bathed in the waters, they drank the water, and it made them well of whatever infirmity they may have had. -332- September 22, 1987 Among those who came to bathe in Sour Lake was General Sam Houston. The last time he came there and bathed, he went home and died of pneumonia. We have since discontinued the mineral baths. And, if you come on "Old Timers' Day" none of the mineral water will be available. So, don't be afraid. It is my particular privilege to present to the Mayor of Beaumont a key to the City of Sour Lake. " MAYOR MEYERS First time anybody's given me a key! REVEREND DROMGOOLE One end can be used for a bottle opener if you need it. As you use this key to unlock the gates of our city, we hope and trust that you will let many, many of the good people of Beaumont come in with you. MAYOR MEYERS Can I bring them with me? (motioning to City Council) REVEREND DROMGOOLE You can bring all of them! MAYOR MEYERS This will let them in too? REVEREND DROMGOOLE This will let all of them in, and it's my desire to be before this City Council again and congratulate you on the bicentennial! MAYOR MEYERS Great! REVEREND DROMGOOLE It will be so much easier to say, than "sesquicentennial. " .. . MAYOR MEYERS Since you've given me the key, this story will have to be accepted as truth. Bu t, I shared it with them a little while earlier, and it is absolute truth. Last Tuesday I was riding on a bus to a meeting at Jerusalem City Hall, and a gentleman tapped my shoulder and said, "Beaumont, I know where it is, but I'm more familiar with Kountze and Sour Lake. " And, so, certainly not to be offended, I said, well, tell me about it. Believe it or not, this gentleman last year stayed three months in Kountze. Se's an attorney, and he works and represents the City of Jerusalem, and he had a claim that was being represented for a client on some oil property in Sour Lake, and he stayed in Kountze for the three months, and so it goes to show, you know, Kountze and Sour Lake, they know more about them in Israel than they do about Beaumont. -333- September 22, 1987 REVEREND DROMGOOLE My wife was visiting somewhere years ago, and she told somebody that she was from Beaumont when they asked because she didn't want to go into a lot of explanation, and the person said, "Beaumont, then you know where Sour Lane is!" MAYOR MEYERS We thank you, and we'll all be there, this whole motely crew up here! -000- Chrissa Christopher with a delegation of Celebration Belles dressed in appropriate Sesquicentennial attire was present to encourage public participation in all Beaumont's 150th birthday activities and invited the public to a special event September 29th, from 4:00 p.m. to 6:00 p.m. at Plaza 10 on IH-10 South. A portion of Beaumont's history will be portrayed with a unique living billboard depicting the city's early times. -000- Three proclamations were issued: "Expo '87 Week," September 21-26, 1987; "First Annual Senior Lames of Beaumont Day, " September 28, 1987; and "American Business Women's Association Day," September 22, 1987. In conjunction with the proclamation for the "First Annual Senior Games of Beaumont Day," Councilman Cokinos read the following letter: "Warmest greetings and heartfelt congratulations to everyone taking part in the South Texas Senior Olympics and celebrating the Sesquicentennial of the City of Beaumont. All you clearly share the can-do spirit that built Beaumont, has sustained it for a century and a half. I want to commend each of you senior athletes for your commitment to physical fitness. Your presence at thus competition shows that sports and physical activity have an important role in the lives of many older Americans. You all are champs in my book, and I'm proud of you. Again, congratulations on Beaumont's first 150 years. Nancy joins me in seeding best wishes always. God bless you. The White House, Ronald Reagan. " Accepting this proclamation was Mr. Jerry Chandler and Ms. Joyce Landig, "Ms. Senior Beaumont." Mr. Chandler announced that the "Ms. Senior Texas of America Pageant" will be conducted in Beaumont during January, 1988, and presented councilmembers with golden golf balls to represent the golden years officially announcing the opening of the "Senior Olympics" in Beaumont and Mayor Meyers a golden golf club and a larger golf ball as Grand Marshall of the Olympics. -000- No one wished to address Council on Agenda Items A or C through G. -00a- The following Consent Agenda Items were considered: Approval of the Minutes of the regular City Council session held September 15, 1987; Resolution 87-193 appointing Dr. David C. Powell to the Airport Advisory Committee with term expiring May 31, 1989; -334- September 22, 1987 Resolution 87-194 authorizing purchase of 170 gallons of isopropylamine salt of Glyphosate, a herbicide for use in the Public Works Department from Neiderboffer Co. at $60.94 per gallon and a total cost of $10,359.80; Resolution 87-195 authorizing waiver of penalty and interest pursuant to Section 33.011 of the Texas Property Code on four accounts where taxes unpaid were because of billing errors or similar mistake: Glenn E. Galloway, Account No. 003550-004800, $54.70; Dr. H. E. Graff, Account No. 002550-069900, $108.92; Dr. Darwin D. Moore, Account No. 049850-022010, $100.74; and Joseph E. Trahan, Account No. 233220-017100, $116.39; Resolution 87-196 authorizing payment to Trinity Communications, Inc. , of Beaumont, Texas, in the amount of $18,539.73 for emergency repairs to Police radio communications equipment which was damaged when the Police Building was struck by lightning July 30th; Resolution 87-197 authorizing purchase of three electronic cash registers for the Central Collections Division as replacements for registers that are incompatible with the City's System 38 Data Processing System; and, Resolution 87-198 requesting the State convey its right, title, and interest in portions of Parcel 125 R, 0.3705 of an acre out of the David Brown League, Abstract 5, acquired from Howard Schindler; Parcel 129 R, 0.0961 of an acre out of and a part of Lots 9, 10, and 11, Block 2, Gentz Addition, acquired from Howard Schindler; Parcel 135 R, 0.0508 of an acre out of the David Brown League, Abstract 5, acquired from the Sabine Bank; Parcel 226 R, 0.0696 of an acre out of Lots 11, 12, and 13, Block 15, Ogden Addition, acquired from Verdun W. Scheldzder; and Parcel 250 R, 0.0274 of an acre out of and a part of Lots 29 and 30, Block 3, Crary Addition, acquired from Discount Carpet and Salvage Center, Inc. for expediting the granting of railroad track relocation easements across these parcels acquired for the Martin Luther King, Jr. , Parkway right-of-way. The Consent Agenda was approved on a motion made by Councilman Moore and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Mayor Meyers declared the first Public Hearing dealing with the 1986-87 Budget Amendments open. City Manager Al Haines introduced the amendments to the budget which constituted primarily changes in appropriation resulting from grants or other sources of increases in revenue. They were enumerated as: 1. Allocation of ESM Proceeds in the amount of $1,905,830 to be distributed to the General Funds, $763,150; Water Fund, $189,500; EPA Fund, $137,260; and the Water Improvement Fund, $229,060. 2. Appropriation for the Certificates of Participation, $445,000 relating to the acquisition of the computer system from last fall. 3. Proposal to transfer Public Works Department funds to Capital Projects; specifically, in the amount of $119,000 for dugout fencing at the Athletic Complex, the roof at Garden Club, playground equip- ment at Ida Reed Park and Rogers Park. -335- September 22, 1987 4. Transfer of funds to the Convention and Facilities Fund request- ing a transfer of $200,000 from the unappropriated fund balance of the General Fund to the Convention and Facilities Fund in order to compensate for anticipated shortfalls in revenues during this fiscal year. 5. The Sanitation Fund requesting an increase in appropriation in the amount of $118,220 for costs associated with the brush program to be appropriated from retained earnings. 6. We received from the STEP Grants $32,540 and request anappro- priation equal to that amount offset by revenue received from the State. 7. Request an appropriation for the Julie Rogers Trust Fund in the amount of $4,200 for maintenance at the Julie Rogers Theater. 8. Request an appropriate of $1,000 for the Tyrrell Historical Trust Fund. 9. Request an increase in appropriation for the Fire Department Historical Museum in the amount of $5,000. 10. Request an appropriation in the Rental Rehabilitation Fund of $46,000 to account for funds ieceived from HUD for rehabilitation of private property. 11. Request an increase in appropriation for the Confiscated Goods Fund in the amout of $54,450. All of the trust fund amendments reflect a recommendation of our external auditors that the trust funds identify appropriations 'as well as cash. 12. In the Debt Service Fund increase appropriation by $183,040, which includes costs associated with the refunding in the amount $156,680 and $26,360 interest payments and bond issuance costs for the Certificates of Participation related to the computer purchase. No citizens wished to address Council concerning the amendments to the 1986-87 Budget, and there being no other business relative to this subject, Mayor Meyers declared this Public Hearing closed. -000- Mayor Meyers declared the second Public Hearing open pertaining to the 1987-87 Budget. City Manager Al Haines distributed copies of the Preliminary Budget as amended with proposed amendments to be discussed. A summary of the changes included: Paige 145: reduced the beginning balance by $200,000 to $4,854,000; changed the total appropriation to $40,770,000; increased Lransfers out to incorporate a $773,000 from the General Fund to the Capital Improvement Fund for street rehabilitation leaving an ending fund balance of $3,581 ,000. Page 154: the Debt Service Fund in the Ammended FY 1987 Budget Identified a refunding savings of slightly over $230,000; would reduce the Debt Service Fund by that amount and transfer that into the Capital Improvements Fund. The change would be under the Amended FY 1987 Budget to $1 ,630,000. This is a change over the first Preliminary Budget. -336- September 22, 1987 Page 185: the total General Improvement Projects remains the same, $663,150; line item projects have been identified--Page 186: increased the Street Improvement Fund to $22,840,000 from $20,607,000 and identified a project for appropriation called the Nest Lucas Project of $1,346,000; Page 187: in the Drainage Improvements Fund the projects and increased appropriations for the Woodlands hitch Project to be completed, reduced and eliminated some projects from design, added Detention Facility-A, $120,000, Ditch 904, $103,530, and the Lucas Street Outfall Project, $804,910; and increase in appropriations from about $2.7 to $3.6 million, and incorporates the funding from the Drainage Bond Refunding that was approved by Council previously. Mayor Meyers commented that the project reshifting and reductions will be based or. maintaining a tax rate of $.69 and invited citizen comments. Mr. Tony Sacker, 4635 Elmherst Drive, inquired regarding the impact of a pay increase for the Firefighters greater than the 2.5% appropriated in the Budget if they should not accept that amount. Mr. Raines explained it would come from the Fire Department budget or come back to Council for a new appropriation. Mr. Ric Warchol, 1155 IH 10 South, asked Council to adopt the Budget with the provision that the City Manager be directed to prepare RFP's (request for proposals) for the Sanitation Department to receive private bids in order to check the existing system. Councilman Cokinos questioned the Contingency Appropriation placement in the Budget. Mr. Haines stated that on page 139 the Contingency Appropriation is listed under Other Expenditures. The amount listed is to comply with the Charter. There is a $3.5 million balance that Council can exercise to appropriate in the event of an emergency or unseen contingency. He emphasized that he is more comfortable with a small amount is that fund, rather than a large amount that could be used at the City Managar's discretion. Councilman Cokinos expressed concern and displeasure with the $10 amount listed in the Contingency Appropriation. After a lengthy discussion among Councilmembers concerning the amount and the control of the Contingency Appropriation Fund and appropriations in the event of an emergency situation, Mayor Meyers called the second Public Hearing close4 relative to the 1987-88 Budget -000- Ordinance No. 87-71 amending the 1986-87 budget was considered: ORDINANCE NO. 87-71 ENTITLED AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL PERIOD COMMENCING OCTOBER 1, 1986 AND ENDING SEPTEMBER 30, 1987 TO INCREASE APPROPRIATIONS IN CERTAIN ACCOUNTS; TRANSFER MONIES BETWEEN FUNDS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. -337- September 22, 1987 The ordinance was approved on a motion made by Councilman Lee and seconded by Councilman Brumley. Questioned: Ayes: All Napes: None -000- ordinance No. 87-72 adopting the 1987-88 budget was considered: ORDINANCE NO. 87-72 ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FOR THE ENSUING FISCAL PERIOD BEGINNING CCTOBER 1, 1987 AND ENDING SEPTEMBER 30, 1988 IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT; APPORTIONING THE FUNDS OF THE CITY OF BEAU40NT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVID- ING FOR SEVERABILITY. Councilman Cokinos wade a motion to increase the Contingency Appropriation to at least $200,000 in the 1987-88 budget. The motion died due to a lack of a second. The ordinance approving the 1987-88 budget was approved on a motion made by Councilman Brumley and seconded by Councilman Lee. Question: Ayes: All Nayes: None -000- An ordinance adopting the property tax assessment roll as certified by the Jefferson County Appraisal District with a net taxable value of property at $2,716,566,740 and setting the ad valorem tax rate at $.69 per $100 assessed valuatiou apportioned as follows: $ .4305 General Fund, $ . 23143 Debt Service, $ .0194 Insurance, and $ .00867 Drainage Improvements Fund Fna considered. ORDINANCE 87-73 ENTITLED AN ORDINANCE kPPROVING THE TAX ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE; PROVIDING FOR LEVYING, ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 1987; TO PROVIDE A GENERAL FUND, A SINKING FUND TO MEET THE PAYMENT OF ALL BONDED INDEBTEDNESS OF THE CITY OF BEAUMONT AND THE PAYMENT OF INTEREST THEREON, AN INSURANCE FUND, AND A DRAINAGE IMPROVEMENT FUND; PROVIDING FOR SEVERABTLITY AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Brumley and seconded by Councilman Smith. Question: Ayse; All Mayes: None -000- -338- Septe-mber 22, 1987 Resolution 87-199 adopting the Capital Program for the period 1988-1992 was approved on a motion made by Councilman Samuel and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- An ordinance amending the zoning ordinance as it applies to the zoning of group residential care facilities was considered: ORDINANCE N0. 87-74 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT PERTAINING TO GROUP RESIDENTIAL CARE FACILITIES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. After a lengthy discussion regarding a sign requirement that after a State agency applies for a permit for these kind of facilities, the City post a sign on the property to adequately notify citizens, in addition to the two newspaper publishings by the State, Councilman Cokinos requested this item be taken before the Planning Commission at their October Public Hearing. The ordinance was approved on a motion made by Councilman Moore and seconded by Councilman Cokinos. Question: Ayes: All Nayes: 'none -000- (Councilman Samuel left Council Chambers. ) Resolution 87-200 accepting the bid of Texas Commerce Bank - Beaumont for banking services and authorizing the City Manager to execute a depository agreement with Texas Commerce Bank - Beaumont for the period commencing October 2, 1987 to September 30, 1989 was approved on a motion made by Councilman Brumley and seconded by Councilman Lee, Question: Ayes: All Napes: None -000- (Councilman Samuel returned to the Council Chambers) Resolution 87-201 authorizing submission of the necessary grant forms to the Governor's Office of the State of Texas to obtain a grant to fund aircraft rental and equipment in the amount of $60,770 under the Federal Narcotics Traffiking Enforcement Program serving not only the Beaumont Police Department, but also 21 other agencies charged with narcotics investigations in the Southeast Texas region was considereu. A lengthy discussion ensued regarding Beaumont Police Department currently working with the Drug Enforcement Administration to secure ownership of a seized aircraft for this program, method of program operation, other community's financial obligation, and the liability accepted in receiving this aircraft. The resolution was approved on a motion made by Councilman Moore and seconded by Councilman Lee. Question: Ayes: All Nayes: None -339- September 22, 1987 Resolution 87-202 accepting the $28,000 bid of Lupton Painting Co. for cleaning and painting the 1.0 m.g. elevated water storage tank located on Liberty at 13th Street was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Councilman Cokinos requested the facade on the Harvest Club building be inspected for repair and since there are so many pros and cons regarding sanitation facilities and equipment to be used by the City that Request for Proposals regarding feasibility of possible privatization of sanitation services be considered. Councilman Lee announced that he and Councilman Cokinos will host the "Concert on the Move" on the 24th at Tyrrell Park at 7:00 p.m. There will be two popuplar music groups performing. Councilman Moore complimented last week's "Sunday in the Park," and next Sunday's activities will be hosted by the Beaumont Neurological Center. Councilman Moore asked for a meeting with Public Works Director Tom garner to discuss some problems and pointed out there is a stop sign located at the Beaumont Enterprise and Gulf States that is turned in the wrong direction. Councilman Samuel requested an update of the status of the New Jerusalem. Mission and asked the Street Division to evaluate the intersection of Doucette and Sycamore which has a four-way stop sign, but due to the number of accidents that have occurred, to consider a flashing light. Councilman Smith announced that the next Town *fleeting will be at the Beaumont Independent School District Administration Building, September 24th, at 7:00 p.m. and expressed enjoyment of the concert per,`ormed by the Canadian Brass Band at the Beaumont Symphony. -000- Mr. Henry Dannenbaum, 3305 Avenue, addressed Council regarding Liberty House not complying kTith Fire Department codes, his residency of 11 years in Be-qumont, commended Councilman Lee on Operation Clean Street, expressed appreation of friendship with Councilman Brumley, and complimented the work of MHMR. Mr. Daniel Kohlhoffer, 855 Howell Street, addressed Council regarding the automated garbage pickup system and questioned the overflow/brush pickup, also requested then when a holiday falls on Monday, those on the Monday schedule be picked up on Tuesday. Mr. Ric Warchol, 1155 IH-10 South, addressed council again to encourage Request for Proposals for privatization of garbage pickup. Ms. Louise Spracklen, 1995 Franklin, addressed Council to oppose the type of halfway house going in across from her; teenage parolees that cannot be rehabilitated will be confined in a very small area there. The sale price and ability to sell homes in this area has decreased drastically. -340- September 22, 1987 Mr. Earl Massey, 6225 Beau View, addressed Council to solicit support for the Chief Electrical Inspector who was elected to the Executive Board and included in the Labor Pool which will be writing the National Electrical Code. Anna Sanchez, 1050 Avenue B, addressed Council representing local P.T.A.-s concerning location of halfway houses in relation to schools. Georgia Reagan, 2930 Franklin, addressed Council in oppostion to automated sanitation pickup and the halfway houses on Franklin Street. -000- There being no further business, the regular session of the City Council meeting was adjourned. -000- i I, Rosemarie Chiappetta, City Clerk, of the City of Beaumont, certify that the above is a true copy of the Minutes of the regular City Council session held September 22, 1987. Rosemarie Chiappetta, City Clerk September 22, 1987 -341- September 22, 1987 EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD SEPTEMBER 22, 1987 MAYOR MEYERS: I would be so bold as to say I 'm not interested in an RFP at this time. I guess that' s the only thing I can say. Iwould be very anxious to see us begin quality circles so that we can touch on the most meaningful delivery of service, be it service that we deliver or any private source. The bottom line is how well the citizens are taken care of. What we are proposing is not being proposed to do a bad job. It's proposed to do an outstanding, superior job, and to tear it apart before it begins is I think counter-productive. And so, at this point in time, I 'd have to say that I 'm not interested. I don't know what the rest of Council' s feelings are; but I 'm interested in seeing us I 'd like to see us provide the best that any city can provide and I 'd like to see us be a shining example of how a city can keep it's employees working; how a city' s employees can be productive and fight for their jobs and fight for the City and want to do the very best that they can for the citizens they serve. Be that whatever you want, that's the bottom line, be it private industry or city. It's all one and the same. This is where we are now and I would like to see us work personally to that end to be the very best at whatever we do. If we don't, then I 'd say we ought to look somewhere else, but at this point in time, I 'm thinking positively about doing whatever we do so darn well that there' s absolutely no reason. And, if we come into it vasilating, looking down two roads without finding one, chances are we will do a lousy job. . . . visited for four hours in Nashville, Tennessee, with Mayor (S. Joseph, Jr. ) Sensenbrenner of Madison, Wisconsin. I brought back and I showed some of you I think the cutcome of productivity and why you can turn your back and prove that the people in your city can compete and do a better job. And why not? They've been doing it longer. They know more about it. It' s their City. They're serving their neighbors. And, why not capitalize on that and let them turn into the best work force you have. That' s my objective. If we can't do that, then we should look elsewhere but I don't think we ought to look elsewhere before we've really gotten steeped into what we want to achieve. That' s my feeling. I 'm confident that the people we have will make it work extremely well and I approach it with no waivering. I 'm going straight down the line with that belief. I 've been wrong but I am not approaching this with that spirit. I 'm one person; there are seven of us here and I am more than willing at any time to go by the wishes of this Council but I seem to be the only one talking. Well, there's an ethical measure in looking. As a business man I resent people who constantly look at what I have but never have an intention to buy and when I go look, I 'm ready to buy. And, I don't want to have people go and go through the motions of something that I am going to use to learn. If I am going to ask somebody for a request for proposal, it' s going to follow doing a massive amount of research so that I know exactly what I want to ask for and we have not done any of that. END OF EXCERPT