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HomeMy WebLinkAboutMIN MAR 17 1998 (2) M I N U T E S . CITY OF BEAU O V Lulu L.Smith DAVID W. MOORE, MAYOR Becky Ames,Mayor Pro rem Guy N.Goodson CITY COUNCIL MEETING Andrew P.Cokinos John K. Davis MARCH 17, 1998 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 March 17, 1998, 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 1:52 p.m. and apologized for the delay because of a special meeting. The Reverend Johnny Cressong, First Church of God of Anderson, gave the invocation. The Reverend James Blackwell 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: "Absolutely Incredible Kid Day," March 19, 1998; "Inhalant and Poisonous Awareness Week," March 16-20, 1998; and "Purchasing Month," March, 1998. *Public Comment: Citizens were invited to comment on the Consent and Main Agenda Items 1 through 6. Mr. Allen Lee, 5095 Maddox, addressed Council in opposition to Agenda Item 6 amending Ordinance 98-15 to provide for three-year terms, said he favors simultaneous elections for two-year terms, spoke of travel policy violations by council, said he would be filing an injunction to stop the special election on May 2 because of Open Meetings Act violations, and spoke of misconduct and civil charges being filed. CONSENT AGENDA The following consent agenda items were considered: Approval of the minutes of the regular meeting held March 3, 1998; Confirmation of committee appointments - Resolution No. 98-61 A) Accept the donation of a drainage easement (0.399 acre, 8325 Walker Road, D. Easley League from Praise Christian Center, Inc.) - Resolution No. 98-62 B) Authorize the sale of surplus property (abandoned 100 ft. wide Missouri Pacific Railroad right-of-way, between the northwesterly line of the 16th Street ditch and the south right-of- way line of Laurel Street, in the 3400 block of Laurel Street, to Ted E. Moor, Jr. in the amount of$7,550) - Resolution No. 98-63 C) Authorize the execution of a License to Encroach Agreement(with Robert W. Howard, 1880 Irving, 1880 Irving Street, Tract 22, City Tax Plat J, David Brown Survey) - Resolution No. 98-64 D) Authorize the settlement of lawsuits and claims - Resolution No. 98-65 (lawsuit of Lori Lacy, $335,000.00) and Resolution No. 98-66 (claim of Southwestern Bell, $19,131.37) E) Approve a change order and final payment related to the Loop Detector Project (Change Order No. 1 in the amount of$11,966.62 and final payment in the amount of$23,711.88 to A & G Eberhardt Enterprises, Inc.) - Resolution No. 98-67 Councilmember Davis moved to approve the Consent Agenda. Councilmember Smith 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 a request to abandon the alley right-of-way in Block 41, Calder Addition Councilmember Cokinos moved to adopt Ordinance No. 98-18 ENTITLED AN ORDINANCE ABANDONING THE 20'X 150'ALLEY RIGHT-OF-WAY IN BLOCK 41, CALDER ADDITION IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tem Ames seconded the motion. MOTION PASSED. Minutes;3/17/98;Page 2 Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis and Patterson Noes: None 2. Consider approving a contract for stage lighting installation and wiring modifications at the Julie Rogers Theatre Mayor Pro Tem Ames moved to approve Resolution No. 98-68 authorizing a contract with A & A Electric Co., Inc. in the amount of $330,288 for installation of stage lighting and wiring modifications at the Julie Rogers Theatre. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, and Davis, Noes: None 3. Consider the purchase and installation of a digital video recording system for the Beaumont Municipal Transit Councilmember Smith moved to approve Resolution No. 98-69 authorizing purchase and installation of a digital video recording system from Safety Vision, Inc. in the amount of $190,025. Councilmember Patterson 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 a track dozer for use in the Water Utilities Department Councilmember Cokinos moved to approve Resolution No. 98-70 authorizing purchase of a 1998 Caterpillar D6M LPG track dozer from Mustang Tractor & Equipment in the amount of$149,379. 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 Minutes;3/17198;Page 3 5. Consider authorizing the acquisition of property for a fire station site Councilmember Smith moved to approve Resolution No. 98-71 authorizing purchase of a 1.56 acre tract out of Lot 16, Block 3 of the C. E. Smith Addition at 6375 Walden Road in the amount of$61,200 from William Arthur Roane and LaBelle Properties, Ltd. Councilmember Patterson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 6. Consider amending Ordinance No. 98-15, the election ordinance, to provide for three-year terms with all members of the City Council elected at the same election After introduction of the proposed amendment, City Attorney Lane Nichols reviewed three possible amendatory ordinances, two of which were included in Council packets and a third prepared earlier today after receiving confirmation of approval from the Secretary of State's office: Amendatory Ordinance "A" X=Election Year 1998 1999 2000 2001 2002 Mayor X**.�....... *.�..*.*... x .�.*...... ** «.,**.*. x At Large X,.,�***...« ..�.�... x***** .*,.. .�.*...�*�. x Wards X.*.**.... .*...�....,., .*,�x.*�.*.. x Amendatory Ordinance "A" would elect the Mayor and At Large Councilmembers for two- year terms in 1998 and 2000 and three-year terms in 2002. Ward Councilmembers would be elected for three-year terms beginning in 1999. Staggered terms would be eliminated and all Councilmembers elected for three-year terms in 2002. Amendatory Ordinance "B" X=Election Year 1998 1999 2000 2001 2002 Mayor X** **** X At Large X*********** X Wards X********* X Minutes;3117/98;Page 4 Amendatory Ordinance "B" would elect the Mayor and At Large Councilmembers for two- year terms in 1998 and three-year terms in 2000. Ward Councilmembers would be elected for a one-year term in 1999 and a three-year term in 2000. Staggered terms would then be eliminated and all members elected for three-year terms simultaneously. Amendatory Ordinance "C" X=Election Year 1998 1999 2000 2001 2002 Mayor X*********** X At Large X*********** X Wards X********* X The City Attorney explained that his first conversation with the Secretary of States's office regarding the possibility of having three-year terms commencing May 2,1998, was negative because of plurality election of at large seats and a majority election of the mayor. During subsequent communication this morning, the Deputy Secretary of State said it is lawful to have three-year terms beginning this year for both the Mayor and At Large Councilmembers. Justice Department preclearance will be necessary. Amendatory Ordinance C would specify three-year terms for the Mayor and At Large members to be elected for three-year terms on May 2, 1998, and expire in 2001. Ward members would be elected for a two-year term in 1999, and expire in 2001, when staggered terms would be eliminated and all Councilmembers would be elected simultaneously for three-year terms. Mr. Nichols said all three ordinances provide for elimination of staggered terms—two in 2001 and one in 2002--and all provide for three-year terms thereafter. In a lengthy discussion, Councilmembers communicated views and considered options. Councilmember Cokinos expressed satisfaction with the present election format and questioned the reason for a change. Mayor Moore said he believes certain aspects of a change might stimulate voter participation. He said it is the right and prerogative of an elected official to bring an item before Council for discussion and a vote. Mayor Moore further spoke about healthy discussion and change. Councilmember Patterson upheld her right as a Councilmember to request any item to be presented to Council, reviewed her original request made in April, 1977, so that voters might have a choice, save the City money, be more cost effective, increase or provide better services and give adequate time to initiate and complete projects. Minutes;3117198;Page 5 Councilmember Goodson raised the question of the likelihood of Justice Department approval of proposed Amendment C, discussed his constituents' lack of concern for changes and their favoring opportunity for electors to vote on the issue. Councilmember Smith reported no encounter of a great deal of interest in changing the voting procedure and terms, and expressed uncertainty of increased voter turnout with a change. Councilmember Davis favored all candidates running for office at one time, said he is not comfortable with approving Amendment C received today because of the filing deadline tomorrow and the message that might be perceived by the community. Councilmember Patterson said Amendment A appeared to be the best option on Friday, said Amendment B is not an option, and that Amendment C looks good also, but since it was only received today, she does not feel comfortable with Amendment C. She stated that in her opinion Council should not move forward on this item if there are not at least five affirmative votes, but she would vote for Amendment A today. Councilmember Goodson added that if no action is taken today, Charter changes cannot be approached again for two years, restated he received no strong comment favoring three- year terms, said his choice would only be to leave the voting procedure as is or only support Amendment B with two-year terms because it would remove staggered terms faster than any other amendment. Mayor Moore commented that any action taken today would give citizens the option to vote. Councilmember Davis said he feels this is an issue in which Council needs to be unified, and he could only support a unanimous vote or a 61 vote; and if this is not a unified effort, then it should be readdressed in two years. Councilmember Davis said he could not support Amendment B or C. Councilmember Davis moved to take no action on this item. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Cokinos, and Davis Noes: Councilmembers Goodson and Patterson COMMENTS Councilmembers comment on various matters: Minutes;3/17/98;Page 6 Councilmember Davis congratulated Mount Gilead Baptist Church and the Reverend Whitaker on the completion and dedication of their new Family Life Center last Sunday and announced that Mayor Moore will be their guest speak next Sunday. Councilmember Davis commended Mr. Mendoza for doing a great job with the Avenues Neighborhood Association, said his service has been exemplary, and he is a good and honorable man and said the Avenues Neighborhood Association adopted their by-laws last night. Councilmember Davis congratulated all the candidates who ran for election or reelection on March 10, and said his father, John Paul Davis, was the third highest vote-getter in Jefferson County, and said that he is very proud of his father. Councilmember Patterson added her congratulations to those who won in the primary and encouraged all the candidates to pick up their political signs in an effort and keep Beaumont clean. Mayor Moore congratulated Ron Brooks and all those involved in the 2nd Annual Beaumont Cup. He relayed praises received about Fair Park facilities, said it was a great time for children and adults, a true family outing. He complimented City Staff for working with the event, forwarded favorable comments received about the facility and Staff. He thanked Councilmembers for their attendance and hard work at the Congressional Cities Conference. He said they met with Senators Gramm and Hutchison, their staffs and with other Congressmen on a number of issues. He stated that one of the biggest issues was the Concord Road project. He added thanks for their attendance in the meeting with HUD the following Tuesday. He said a lot was accomplished and each member was afforded the opportunity to share individual feelings and thanked the senators for their time and that of their staff. Councilmember Davis questioned HUD sentiment for the Concord Road project, and Mayor Moore said there is an additional phase of activity of site selection for scattered homes they are looking for from the local Housing Authority, and said they will then move forward, and said other homes will be constructed in the Charlton-Pollard area. *Public Comment (Persons are limited to 3 minutes) Mr. Benny Mendoza thanked Mayor Moore, Mayor Pro Tem Ames, Councilmembers Davis and Cokinos for attending the Avenues Neighborhood Association meeting last night, and thanked Lynn DeMary for his assistance. Ms. Pablo Ydrogo, 1590 Gilbert, as a member of the Avenue Neighborhood Association, added her appreciation to the Mayor and Councilmembers for their support, and said the meeting was well attended, and said they should all stand united with their concerns. Minutes;3/17/96;Page 7 Ms. Caroline Pickell, 3795 LeBleu, addressed Council to suggest that the building located at 1009 Calder (Calder and Magnolia) be renovated and used as a rest area, reading room, and/or soup kitchen for transients and staffed by volunteers. Mr. Lynn DeMary, 430 East Elgie, congratulated the Avenues Neighborhood Association for adopting their by-laws, said they will elect officers next month, spoke of looking at the method by which a fire damaged home is placed into the system, a method of formalizing a work program and getting the structure repaired or removed. He commended the Keep Beaumont Beautiful Commission for Beaumont's acknowledgment as a clean community and a great American city. Councilmember Davis thanked Mr. DeMary for his hours of work with the Avenues Neighborhood Association in formulating their by-laws. Mr. Allen Lee, 5095 Maddox, addressed Council to question their travel policy, claimed that property taxes will be increased soon and that the General Liability Fund is near depletion, questioned violations of the Open Meetings Act with the appointment of the Charter Change Committee, spoke against administrative allowances for Mayor Moore and said he will file an injunction against the Special Election and to stop Council travel until an audit is held. After Mr. Lee's time to speak expired, Mayor Moore requested Police Officers to escort Mr. Lee from the podium, if he did not leave. Councilmember Davis asked the City Attorney how much funding is available in the Legal Liability Fund. Mr. Nichols reported there is $2.2 million and confirmed that it is sufficient to take care of present claims. Councilmember Davis further stated that he has checked with the Legal Department and others, and he has not violated any policy, nor has any other Councilmember. Councilmember Davis said the $12,000 administrative allowance was not initiated by Mayor Moore, but by him because of the number of neighborhood association meetings they attend and other level of activity provided by this Council. He said this is one of the most active Councils that Beaumont has had, and that the cost of serving as a Councilmember is rising. Councilmember Davis said he advocates more compensation for Council, that it is not out of line with other cities our size, and said that all Councilmembers work in excess of 30 hours per week in this position. Mayor Moore acknowledged the presence of former mayor, Maury Meyers, and invited him to speak. Former Mayor Maurice Meyers spoke in support of combining the elections and quoted voter turnout figures for elections beginning with 1985. He said the figures indicate a continuous graph of ups and downs, with the highest turnouts for the mayoral and at large Minutes;3/17198;Page 8 elections. He said history would show that ward councilmembers would receive the most benefit of an election with the mayor and at large members. He commended Council for doing a good job, and said it is a crime to see 600 people determine a ward race. In response to previous questions posed by a speaker, Mayor Moore said a lot of sacrifice is made by the individuals that serve on Council, said he does not take his expenses on a per meal basis because of such comments made by a previous speaker, and that he takes losses just to try to remove any gray area. In response to the accusations of the City being broke and the Legal response, Mayor Moore told citizens to not fall for the hype. He reminded the audience that some people get in enough sound bytes to incite, enrage or destroy a positive growth pattern. He said this is a matter of principle, and previous statements made are not true or right. Mayor Moore said that when people lose their composure, start taking shots and calling names, they will be removed from the microphone. He said order will be kept in this Council Chamber. Mayor Moore thanked everyone for their participation in the growth of this community, thanked Mayor Meyers for his added presence today and Commissioner Robert Bowers of Port Arthur. EXECUTIVE SESSION *Executive Session in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: Robert Glenn Perritt v. Stenson E. Terry, Jr. et al City of Beaumont v. Oakmont Development Corporation Harold Dayse, et ux v. City of Beaumont Linda Frederick v. City of Beaumont Felicia Rene Adams v. City of Beaumont, et al *Executive Session in accordance with Section 551.074 of the Government Code to consider the evaluation of appointed officials: specifically the City Attorney and City Manager There being no further business, the meeting recessed at 3:40 p.m. to reconvene in executive session. Mayor David W. Moore Patrice Fogarty, ity Cle Minutes;31171%;Page 9