Loading...
HomeMy WebLinkAboutMIN NOV 01 1994 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD NOVEMBER 1, 1994 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 1st day of November, 1994, with the following present : HONORABLE: David W. Moore Mayor John K. Davis Mayor Pro Tem Councilman, Ward III Andrew P. Cokinos Councilman-At-Large Becky Ames Councilman-At-Large Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward II Calvin Williams Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by Doctor Roger Harano, Westminster Presbyterian Church. The Pledge of Allegiance was led by Mayor Moore . -000- - proclamation recognizing "Sandra T. Nakata" as one of five Asian American recipients of the prestigious 1994 Transpacific Golden Image Award for enhancing the Asian image in America. -000- Mayor Moore announced that an executive session will be held following the workshop session in accordance with Section 551 . 071 of the Government Code to discuss contemplated or pending litigation: Billv Ray Jennings vs . the City of Beaumont, the Claim of Howell Cobb, the Claim of Freddie Maddox and the Claim of Daniel Clark. -000- Mayor Moore recounted that last week gifts were received from Mr. Tom Harken of Tom Harken and Associates ($5, 000) , Ms . Jean Niditche, Weight Watchers founder ($1, 000) , from Father Dan Dailey of Saint Michael' s Orthodox Church and the Antiochian Archdiocese ($4, 000) and City Council ($700) to aid flood victims through Some Other Place and the Southeast -263- November 1, 1994 Texas Food Bank. Mayor Moore reported that another $1, 000 contribution has been received from North Star Steel and will be forwarded to Some Other Place for relief of flood victims and said there are many caring people in our city. He also reported that "the destruction of the flood is unreal . This week alone, people have actually returned and had to remove the entire structure off some of the slab. " Mayor Moore asked that we keep in mind the misfortune of these victims and to share our blessings . -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 regular City Council session held October 18, 1994; Resolution No. 94-294 reappointing Lora Davis to the Keep Beaumont Beautiful Commission and Frank Rojas to the Senior Citizen Advisory Committee for terms expiring October 26, 1996; Resolution No. 94-295 authorizing acceptance of $900 from Mrs . Charlie Jean as full and final payment for a paving lien against property described as being the east one-half of Lot 14 and all of Lot 15 in Block 6 of the Home Addition to Bowenville, 3890 Robinson (Ordinance No. 76-21) ; Resolution No. 94-296 rescinding Resolution No. 94-240 to omit the term "operation" and authorizing filing of a grant application and execution of a grant agreement with the Federal Transit Administration (FTA) to partially fund the Beaumont Municipal Transit System from October 1, 1994 through September 30, 1995 (FY 1995) ; Resolution No. 94-297 authorizing acquisition of 5/6 of Parcel 111 : 0 . 0963 acre out of Lots 1, 2 and 3 , Block 39, Jarrett Addition (on Liberty Street 61 . 84 feet west of Interstate 10) from Peter W. Maida, 1/6 interest at $2, 083 .33 ; Sam J. Maida, 1/6 interest at $2, 083 . 33 ; Estate of A. Liberto, 1/6 interest at $2 , 083 . 33 ; Sam A. Maida, 1/6 interest at $2 , 083 . 33 ; Sam Maida, 1/3 of 1/6 interest at $694 .44 ; Joe Maida, 1/3 of 1/6 interest at $694 .44 ; and Marlene Maida Scanlin, 1/3 of 1/6 interest at $694 .44; for a total compensation of $10,416 . 64 for improvements to the Liberty-Laurel Corridor from Eleventh Street to Phelan Boulevard (eminent domain proceedings authorized September 20, 1994 by Resolution No. 94-241 for remaining 1/6 of property) ; Resolution No. 94-298 authorizing settlement of the claim styled Angela -264- November 1, 1994 Pinkston vs. the City of Beaumont in the amount of $4, 000; and Resolution No. 94-299 authorizing settlement of the claim styled Michael Henderson vs. the City of Beaumont in the amount of $5, 000 . The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Ames . Question: Ayes : All Nayes : None -000- Resolution No. 94-300 authorizing purchase of two (2) Gradall Model G3WD 4x2 excavating and grading machines from Hi-way Equipment Company, Inc . in the amount of $264, 642 ($132, 321 per unit) for use by the Streets and Drainage Division to aid in maintenance of drainage ditches was approved on a motion made by Mayor Pro Tem Davis and seconded by Councilman Smith. Question: Ayes : All Nayes : None -000- Resolution No. 94-301 authorizing payment in the amount of $19, 200 . 89 to Preco Machinery Sales, Inc. for a final drive assembly for unit 5100, a 1990 Kobelco excavator, was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes : All Nayes : None -000- - resolution authorizing execution of deeds without warranty for sale of surplus property to Magnolia Cemetery c/o Leroy King for the amount of $200 for Parcel l : Lots 1 and 2, Block 1 and all of Block 2, Sheffield Addition; to Edward Zenn for the amount of $200 for Parcel 2 : a 3 , 274 square foot tract in the D. Brown Survey, Plat A-2, Tracts 8 and 15; ; and to M. A. Phelan for the amount of $60, 000 for Parcel 3 • a 57, 500 square foot right-of-way abandoned by the Missouri Pacific Railroad between west right-of-way line of Interstate 10 north and the east right- of-way line of 16th Street Ditch was considered. Councilman Cokinos questioned the exact address of Parcel 1 on Elm Street and asked if the parcel is located next to a church. The City Manager explained that the parcel is immediately adjacent to Magnolia Cemetery and confirmed it' s location next to the church. Councilman Cokinos further questioned the specific dimension of the property and said he would like to know the exact address . Mr. Riley explained that the legal description has been provided without an exact address of property that was acquired in 1942 for construction of a water line and this parcel represents the excess needed for that use and has been let out for bids in an effort to place the property back on the tax roll . -265- November 1, 1994 In response to questions, Mr. Riley explained the bid process for sale of surplus City property. Councilman Cokinos requested that Parcel 1 be deferred for receipt of the exact address on Elm Street and dimensions of Parcel 1 . Mayor Pro Tem Davis made a motion, seconded by Councilman Ames, to approve sale of Parcels 2 and 3 . Mayor Moore suggested in the spirit of keeping the sale of surplus property all together, that all parcels listed in the resolution be deferred until next week. Council concurred with the suggestion, and the resolution was deferred. -000- Resolution No. 94-302 authorizing reprogramming $62,755 in Community Development Block Grant funds ($25, 000 approved by R-94-161, 6/28/94) and authorizing a contract with Land Manor, Inc . in the amount of $87, 775 to aid with the architectural and general constructions costs for rebuilding of Adams House to provide treatment for twenty-four (24) chemically dependent adolescent males was considered. Councilman Williams reviewed statements made in last week' s workshop session that showed this to be the first phase of a three-phase project with no assurance that financial requests would not again be made to Council in the next phases. Councilman Williams said to remain consistent with his concerns expressed at that workshop session about CDBG funds almost exclusively being used to support agencies, he is prepared to vote against this resolution philosophically. He stated that his understanding is that the primary intent and purpose is for CDBG funds to be used to improve and enhance low-to-moderate income communities and thinks they have swung too far in the direction of funding agencies and would like Staff to review use of these funds for the future and perhaps his negative vote will serve as a "wake-up call to the Staff that we need to review the expenditure of these funds . " Councilman Smith commented about the previous approval of $25, 000, the $62, 000 requested today, said she didn' t get the impression other funding might be requested for this project, and said she concurs that too much funding has been devoted to social programs, wishes the City had funds for all these services, but thinks we' re neglecting duties to housing. Mayor Moore said he doesn' t disagree with Council comments, but said CDBG funds have been utilized in some areas to improve the quality of life in certain parts of our community with the intention to develop and further stimulate growth. He said that with the intensive changes in place for CDBG reprogramming with more interaction from the community, he thinks this will eliminate some concerns in the next round of -266- November 1, 1994 funding to various agencies . Mayor Moore said he will support this resolution because the program is already in place, said the agency has and hopefully will continue to do a lot of good for our community, and stated that his vote is not against the philosophical views expressed by Councilman Williams and said he agrees with Councilman Smith that more housing does need to be addressed. Resolution No. 94-302 was approved on a motion made by Councilman Cokinos and seconded by Councilman Ames. Question: Ayes : Mayor Moore Nayes : Councilman Mayor Pro Tem Smith Davis Councilman Councilman Cokinos Williams Councilman Ames Abstained: Councilman Goodson -000- A resolution reprogramming $100, 000 of Community Development Block Grant monies and authorizing a contract for an amount up to $100, 000 with the Beaumont Housing Authority for reimbursement of tenant relocation expenses related to the Neches Park Homes Housing Complex was considered. A lengthy discussion included questions raised by Councilman Cokinos concerning the sale of the Neches Park Homes and actual commencement of funding. Councilman Goodson said the contract for purchase has been signed and must be finalized by December 31st . Councilman Williams said if the property is being sold, why would not some of the funds from the sale be used for relocation of tenants, and why couldn' t this be a loan for relocation to be repaid from the $10 million grant that has been talked about? Councilman Williams also questioned the evaluation of the property going from $5 million to $2 million to $700, 000 . He said his remarks are not aimed at the tenants and he has the "greatest deal of empathy and sympathy for those folk who were caught in this situation. . . " He said his intent is not to step on anyone' s toes, but this situation does not make sense to him. He further discussed replacement housing and the whole community being affected by the sale of the Neches Park Homes Housing Complex. Councilman Goodson said a $5 million or $2 million appraisal was never made, but three times independent certified appraisals were made and found to be within a few dollars of $770, 000 each time. He added that he does not know for what use the Beaumont Housing Authority may use the $10 . 7 million, said there has never been a disclosure of that information, and perhaps a deferral might be in order to provide the Housing Authority an opportunity to appear before Council with an explanation for the use of those funds . Councilman Goodson said the -267- November 1, 1994 negotiated price of the sale was based on qualified appraisals and perhaps it may be appropriate, since the question has come up about funding, to ask representative from HUD and the Housing Authority to answer questions . Councilman Smith compared this appraisal to a recent approved appraisal of $282 , 000 for property on Laurel, said she is uncomfortable with this situation, and feels Council does not need to give money to the Housing Authority with them receiving that much money for the project, but a negotiated loan would be acceptable. She said the question remains unanswered regarding the other $385, 000 and the City' s commitment . She said the situation was totally different when the City agreed to support this project with $485, 000, and she feels no commitment is necessary now because of the change in the project . Mayor Moore suggested perhaps deferral of this item in order to obtain correct information about the sums of money mentioned and in fairness to everyone involved. Councilman Smith expressed no need for deferral and suggested a poll of other Councilmembers and further expressed her feelings about this project, variance of answers from HUD members and the need for additional innovative housing. Mayor Pro Tem Davis asked that specific questions be named. Mayor Moore said there is a question about limitation of use for the $10 . 7 million, questions about bits and parcels related to the sale and substantial difference in numbers that he would like explained. Councilman Williams concurred with Councilman Smith that deferral is not necessary and expressed agreement that a loan could be made with the Housing Authority for relocation of tenants . Councilman Ames agreed with Councilmembers Smith and Williams, spoke in support of a loan and expressed concern for the residents . Mayor Pro Tem Davis stated he is concerned that the Housing Authority chose to relocate tenants before the sale was complete, said he understands the Mayor' s desire for more information, cited that Mr. Pollard was unable to give exact information that was asked by three Councilmembers at last week' s workshop session and said he is prepared to vote today. Mayor Moore said he asked for deferral for an opportunity to receive information and for questions by Council to be answered. Councilman Cokinos asked that the item be brought to a vote. The resolution was denied on a motion made by Councilman Cokinos and -268- November 1, 1994 seconded by Councilman Williams . Question: Ayes : Mayor Pro Tem Nayes : Mayor Moore Davis Councilman Cokinos Councilman Ames Councilman Smith Councilman Williams Abstained: Councilman Goodson -000- Resolution No. 94-303 authorizing reprogramming of $325, 000 from 1993 Community Development Block Grant monies and authorizing a contract with the Jefferson County Council on Alcohol and Drug Abuse (JCCADA) for a $325, 000 loan to assist in acquisition and renovation of property located at 3410-3440 Concord Road was considered. Councilman Smith said that with a building such as this operated by an agency, client costs have to be observed. She said that when she looked at the bottom line of operational costs for 200 individuals, it will cost about $67, 000 and feels this is an excessively expensive program with no professionals employed. She said that the $568, 000 salary budget for 32 employees equates to about $17, 000, a bit above minimum wage, and she has difficulty justifying operation of such a program costing that much money without any psychiatric program and the mechanics of fiscal responsibility. Councilman Williams said Councilman Smith' s point is well taken and recalled that one concern of operation of the Homeless Shelter on College Street was insufficiency of trained personnel and perhaps this is a similar situation. Resolution No. 94-303 was approved on a motion made by Mayor Pro Tem Davis and seconded by Councilman Ames . Question: Ayes : Mayor Moore Nayes : Councilman Mayor Pro Tem Smith Davis Councilman Councilman Cokinos Williams Councilman Ames Councilman Goodson -000- - resolution rescinding the portion of Resolution No. 94-291 authorizing a contract with ITT Hartford for Long Term Disability insurance who has withdrawn their proposal due to pending litigation between TML, ITT Hartford and the City and authorizing a contract MONY for John Alden Life Insurance Company for Long Term Disability insurance to be provided to City employees was considered. -269- November 1, 1994 Mayor Pro Tem Davis said that on the Vendors Rate Comparison sheet provided in the Council Packet, Mutual of Omaha through Charles Lusco & Company is listed as offering a rate of $ .41 for age less than 40, states proposal meet specifications and has some exceptions and appears to be the low bid and asked for an explanation. The City Manager stated that Risk Management personnel, Mrs . Lundy and personnel in Human Resources evaluated the bids based on current employee participation and coverage and determined this to be the best bid and offered deferral of the item for additional information. Mayor Pro Tem Davis accepted deferral of the item and Council concurred for deferral of this resolution for additional information. -000- Councilman Goodson reported that he was not at last weeks' s workshop session because he went to the TML meeting early to participate in the legislative affairs of the Resolutions Committee and encouraged Council to look at the adopted resolutions and the legislative agenda because "it will be a busy one for municipalities in Austin, and certainly, in Washington after the first of the year. " Councilman Cokinos congratulated the Northend Neighborhood Association for a fine turnout for the activities for children last Saturday, said it was a lot of fun and is sure the children appreciate the adult interest . He congratulated Ms . Eaglin and Mayor Pro Tem Davis for a "show well done. " Councilman Ames stated she also attended the TML meeting and appreciated the opportunity because this educational experience and said she learned a lot and expressed regret in not being able to attend the Northend Neighborhood activity due to this conflict . Mayor Pro Tem Davis joined with other Councilmembers in saying that the TML meeting was very enjoyable and knowledgeable . He said he came back early for the Northend Trail Riders Association day, thanked Sergeant (Mike) Earney and Councilman Cokinos for their assistance . Mayor Pro Tem Davis challenged the news media to report this positive news about the northend of Beaumont as well as the random shootings and other negative activities . He said the Neighborhood Associations are very actively involved in improving their neighborhoods and thanked City Departments for their assistance and participation in programs and particularly thanked Channel 12 for their television coverage of Saturday' s event . Mayor Pro Tem Davis thanked David Oliver of the Clean Community Division for a fantastic job of organizing a cleanup project in the northend with over 400 participants. He said he appreciates City Staff, but has a concern that requested information from Councilmembers is not always received in a timely manner and cited requests for the amount of money spent on lawsuits, information pertaining to ethnic breakdown and EPA results relating to an old abandoned middle school and -270- November 1, 1994 a boxing program were made . He said that Council is helped as policy makers to get as much information as possible and because they are not at City Hall every day, rely on this information for good decisions and when a request is made for data, he would like that as soon as possible in order to make intelligent choices and good decisions . Mayor Pro Tem asked that the City Manager relay this message to City Staff . Mayor Moore echoed comments about TML, congratulated the Northend and Mayor Pro Tem Davis for the excellent Saturday program and complimented Mayor Pro Tem Davis for leaving Austin very early Saturday to attend the activity. -000- Ms . Schieketha Eaglin, 3220 Christopher, addressed Council acknowledged heartfelt thanks from the Northend Neighborhood Association and the Northside Trailblazers to HEB Grocery, Market Basket, Sam' s Liquor, Lucas Pharmacy, Myers Grocery, Saint Pius Catholic Church, Borden Chapel Baptist Church, Gateway Shopping Center, BFI, KBMT Channel 12, Cable Street Neighborhood Association, Beaumont Police Department, the City of Beaumont and special thanks to Councilman Cokinos and Mayor Pro Tem Davis for helping to make their annual kid' s day a monumental success. Ms . Eaglin said the gratitude and appreciation they feel could never be expressed and hopes this is the beginning of many great things for their neighborhood. She said over 500 hot dogs were served. Also, Ms . Eaglin said that on October 22, the Northend Neighborhood Association was privileged to participate in the Northend Cleanup, and that David Oliver (Clean Community Division) , along with the Jefferson County Boot Camp, joined their community in a cleanup effort and said it is good to know that "we can count on help from people such as Mr. Oliver and the Boot Camp, and we want you to know that you can count on us . " Mayor Moore complimented Ms . Eaglin, commented that the tone of information has drastically changed from the first meeting held in the Northend, that he is very proud of the positive change and understands that it did not happen by chance and trusts that Council will remain supportive of the activities in the Northend. Mrs . Roma Robertson, 1063 Cable Street, from the Cable Street Association added thanks and appreciation to Positive Production, said "they were wonderful" and had "the best attitude" and said she sent a thank-you note to Sheriff Carl Griffin. Mrs . Carla Swanzy, 2355 Liberty business owner, addressed Council to inquire about City data for total removal of the street instead of reconstruction for the Liberty-Laurel Corridor. Mayor Moore advised Mrs . Swanzy this project is the topic of the workshop session and invited her to remain for this discussion and said that completion of the presentation, questions would be accepted from citizens . -271- November 1, 1994 Ms . Sherry Noeller, 1002 Avenue A, as the liaison for the Student Government Association of Lamar University, addressed Council again to ask if a decision has been made to provide additional transit service for Lamar University students . Mayor Moore said a workshop was conducted and invited Ms . Noeller to remain after the meeting and consult with the City Manager. -000- There being no other business, the regular session of City Council was recessed to reconvene in workshop session. -000- I, Rosemarie Chiappetta, 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 November 1, 1994 . Rosemarie Chiappetta City Clerk -272- November 1, 1994