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HomeMy WebLinkAboutMIN JUN 04 2002 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith, Mayor Pro Tern EVELYN M. LORD, MAYOR Guy N. Goodson Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J. Patterson June 4, 2002 Audwin Samuel Lane Nichols, City Attorney Stephen J. Bonczek, City Manager Lolita Ramos, Interim City Clerk The City Council of the City of Beaumont,Texas, met in a regular session on June 4,2002,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 Evelyn Lord called the meeting to order at 1:32 p.m. City Attorney Lane Nichols gave the invocation. Councilmember Guy Goodson led the pledge of allegiance. Present at the meeting were: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos,Ames,and Samuel. (Councilmember Patterson arrived at 1:35 p.m.) Also,presentwere Stephen J. Bonczek, City Manager; Lane Nichols, City Attorney; and Terri Hanks, City Clerk Administrative Assistant. Presentations and Recognitions - No presentations or recognitions made. Public Comment: Persons may speak on scheduled agenda items - No one wished to addressed the scheduled agenda items. Consent Agenda Approval of minutes - May 21, 2002 Confirmation of committee appointments - Appointments: Walter Kyles, Planning and Zoning Commission, for a term expiring June 3, 2005; and Rachael Hebert and John Cobb, Martin Luther King, Jr. Parkway Commission, for terms expiring June 3, 2004 - Resolution No. 02-116 A) Approve the waiver of penalties and interest related to five tax accounts (Bob Blackman, Barbara Smith,Aaron Davis,Wilfred Gray, and Christina Mattix)- Resolution No.02-117 B) Approve a contract(with Regal Food Service, Inc. in the amount of$1.95 per lunch served) for the Summer Food Service Program - Resolution No. 02-118 C) Approve a resolution authorizing the granting of a License to Encroach to Apollo Environmental Strategies, Inc. into the rights-of-way of Avenue A [five feet(5')east of the edge of pavement of Avenue A and sixty-eight feet(68')ten inches(10")north of the power pole at the corner of Avenue A and Brockman Street] - Resolution No. 02-119 D) Approve a resolution accepting payment of$731.25 and authorizing a release of weed liens against property which is described as Lot 32, Block 7, Home to Bowenville Addition - Resolution No. 02-120 Councilmember Cokinos moved to approve the Consent Agenda. Mayor Pro Tern Smith moved to remove Consent Agenda Item No. E for further discussion. Councilmember Goodson seconded the motion to approve the Consent Agenda with the exception of Consent Agenda Item No. E. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, and Samuel Nays: None E) Approve a deferred loan from the City of Beaumont to Ms. Kathryn Green in the amount of $62,350 using funds from the 2001 CDBG Program Replacement Housing Budget line item for the reconstruction of a home located at 2620 Mashed O Street, Beaumont, Texas Mayor Pro Tern Smith began discussions concerning the dollar amount of Consent Agenda Item No. E and questioned the authority of contract execution. City Manager Bonczek reported the replacement housing program is a new initiative previously approved by Council to serve the needs of the community. He stated the replacement housing program is designed for disabled seniors whose homes are not suitable for rehabilitation and the homeowner has the ability to engage a contractor for the construction of a new home. (Councilmember Patterson arrived in the Council Chambers at 1:35 p.m. during the discussion of Consent Agenda Item No. E) Housing Coordinator Richard Chappell acknowledged the replacement housing line item was approved April 10, 2001 by City Council Resolution Number 02-097, as part of the Consolidated Grant Program's Annual Action Plan. Mr. Chappell commented the replacement housing program is a new initiative developed to assist elderly disabled homeowners whose homes are physically deteriorated beyond the extent of the Housing Rehabilitation Program. He stated this would be the first replacement home built and staff has worked to identify a homeowner that meets the particular circumstances of the program. The Housing Coordinator reported the replacement program is based on an optional relocation program similar to other cities and College Station has had several years of program success. In response to Council inquiries, Mr. Chappell stated Ms. Green's house has been demolished and she owns the land, the approved contractor, Todd Barnes Trucking and Equipment Company, is expected to rebuild her home within City Building Code requirements, and there would be code compliance inspections. He reported that nominal funds have been expended for household storage and anticipates site preparation expenses, Minutes -June 4,2002 Page 2 the contract is a fixed fee contract, and the home will be a 1,100 square foot, brick veneer, two bedroom, and one bathroom structure. Council discussed concerns with the homeowner and the contractor selection process, disposition of the property mortgage in the event of death, and the ability to build only one structure.Council recommended setting definite criteria forthe program and agreed itwould be a disservice to Ms. Green to not move forward with the replacement home. Councilmember Samuel moved to approve Resolution No.02-121 granting a deferred loan with Ms. Kathryn Green for$62,350 using funds from the 2001 CDBG Housing Replacement Program. Councilmember Patterson seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel, and Patterson Nays: None GENERAL BUSINESS 1. Consider approving a resolution forthe engagement of bond counsel and a placement agent relating to the proposed issuance of$30,000,000 Waterworks and Sewer System Revenue Bonds, Series 2002. Councilmember Goodson spoke in support of the agenda item, and for the record, he clarified bond private placement. Councilmember Goodson stated RBC Dain Rauscher Managing Director, Mr. Frank Ildebrando will act as a placement agent in privately placing and issuing bonds as variable rate debt.The City Manager commented during the past fifteen years, the average cost of variable rate debt has not exceeded the cost of fixed rate debt. Councilmember Goodson moved to approve Resolution No. 02-122 authorizing the engagement of Orgain,Bell&Tucker,L.L.P.,as bond counsel and RBC Dain Rauscher,as placement agent in order to proceed with the issuance of$30,000,000 Waterworks and Sewer System Revenue Bonds,Series 2002. Mayor Pro Tern Smith seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel, and Patterson Nays: None 2. Consider approving a contract forthe demolition of the structure located at 655 San Jacinto. Council discussed the current land owner purchase of the property, and questioned reimbursement of the demolition and lien value.Mayor Pro Tern Smith expressed concerns with the Jefferson County Sheriff's Sale not apprising prospective real estate buyers the property is condemned and demolition liability. City Attorney Lane Nichols reported the City has authority under the statues to assess alien forthe demolition of a dangerous structure and the ability to obtain a judgement lien. Minutes -June 4,2002 Page 3 Councilmember Goodson moved to approve Resolution No.02-123 awarding a contract to C & C Demolition, Inc. in the amount of$109,000. Mayor Pro Tern Smith seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson Nays: None 3. Consider approving a historic preservation loan for property located at 2434 Liberty.(Oaks Historic District) Mayor Pro Tern Smith moved to approve Resolution No. 02-124 granting a historic preservation loan in the amount of $15,538 to Mr. Bill Modica. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson Nays: None 4. Considera resolution authorizing the City Manager to execute an agreement with the Texas Department of Transportation(TxDOT)to install a traffic signal at the intersection of Walden Road and FM364 (Major Drive) Councilmember Goodson moved to approve Resolution No.02-125. Mayor Pro Tern Smith seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson Nays: None Councilmember Goodson requested verification of Texas Department of Transportation's 2003 proposed traffic signal installation date. COMMENTS Councilmembers comment on various matters Mayor Lord extended invitations to a reception honoring Former Mayor David Moore to be held at the Civic Center, Tuesday, June 25 from 5:00 p.m. to 7:00 p.m. Councilmember Goodson discussed requests made byAmelia Neighborhood Association citizens to change park curfew hours to 10:00 p.m.until 6:00 a.m,and requested the City Manager evaluate curfew changes appropriateness forother neighborhood parks. He extended citizen appreciation for Forest Park improvements and their request to clear underbrush at Wuthering Heights Park. Councilmember Goodson reported a Planning and Zoning meeting had to be rescheduled because of a quorum deficiency, spoke of the costs incurred from rescheduling, and requested legal consideration in changing the quorum number. He stated because of the prison guard shortage,the Minutes -June 4,2002 Page 4 City will not be able to utilize free prison laborforces on park cleanup and demolition,and requested information regarding any anticipated budget impact. Councilmember Goodson commented the Amelia Neighborhood Association requested legal advice regarding the controlling of railroad noise and speed. He reported a decibel meter had been used to monitor the train noise which in several incidents exceeded the maximum limits of the Federal Railroad Administration rules,and requested the City Attorney investigate noise ordinance enforcement. Councilmember Ames reported receiving a phone call concerning a specific incident at one of the park buildings,and requested information on park building maintenance,specifically extermination. Councilmember Samuel requested a Council workshop to discuss parks, objective park management,and consistent park rules and criteria. He also requested a status report concerning weed abatement of vacant lots in the older areas of the City. Councilmember Patterson also reported receiving phone calls concerning incidents at park facilities and hoped the problem would be addressed by staff. She spoke in favor of a park workshop to discuss topics such as special events, security, cleanliness, and restroom availability. She discussed the purchase of a door at the Tyrrell Park Center, issues of security,and recommended the proceeds from the sale of Central Park be applied to the needs of Ward IV parks. Councilmember Patterson announced the City of Beaumont will host the Neighbors in the Park and Concert in the Park events at Sprott Park, Sunday, June 9, from 3:00 p.m. to 5:00 p.m.,the Jazz Innovators will perform from 5:30 p.m.to 8:30 p.m.and invited everyone to enjoythe many planned activities.Councilmember Patterson also announced the grand opening of the Theodore Johns,Sr. Library,located atthe comer of Fannett and Sarah,Thursday,2:00 p.m.and extended invitations for citizen support. Mayor Lord commented she and Councilmember Cokinos attended the Vietnamese Servicemen event, stated it was very touching and appropriate for Memorial Day. For historical reasons,the Mayor reported portraits of former mayors will be restored to the City Council Chambers. Forthe record,Mayor Evelyn Lord stated: "I would like to share something with Council,and with the public,that I feel appropriate to address at this time. I do this because an incident occurred in which I,in all innocence,used the term that apparently is no longer politically correct. After having had this pointed out to me by some women,whom I truly believe at the time wished to be helpful, I explained how I had come to use the phrase,sincerely apologized atthattime for having used a word that had never had bad connotations to me, and was actually appreciative of what I had thought was their concern and desire to be of service to our community." "Since that time,this occurrence has been spread throughout the community and to several black churches,and I have received letters and phone calls regarding the matter,causing me to explain again and again the circumstances of my,although completely innocent,poorchoice of a word. That word is 'gal."' "I had been in office just a single day when I went to give an informal speech to a women's organization herein Beaumont. It had been a hectic and a sad day forme and for others at City Hall because, that morning, one of our department heads had suffered a stroke shortly after giving a resume of her department's duties at a meeting to which I had been invited by the City Manager in order to be updated on City matters. All of us were terribly upset and anxious for the lady, and I Minutes -June 4,2002 Page 5 shared this concern although I had just met the person for, I believe,the very first time that morning shortly before her stroke." 'When I arrived at the meeting late in the afternoon, I told the women present of the events of the day and how upsetting it had been for everyone when one of our department heads had suffered a stroke. The small audience there naturally responded in a sympathetic fashion,and I had thefeeling that they would want to know the identity of the person involved." "I was fully cognizant of the presence of African Americans in the group and,as I could not remember at that time the last name of the department head, I chose to describe her so that those who might know her could take any caring action relative to her unfortunate situation that they mightwish. I said that she was an'attractive black gal,named Marie and who headed up the City's Human Resources group.' I do not think anyone could imagine the despair that I felt when two African Americans came to City Hall to tell me of their disgust and disappointment in my having used the word 'gal.' They repeated several times that theword'black'had certainly not been offensive,but that the word'gal' most certainly was." "I truthfully had no idea that this word had been added to the lexicon of politically incorrect words. I myself have belonged to a group of distinguished women for nearly twenty years and the name of our group includes the word 'gals' as that is how we have described, and still do describe, ourselves." "Although the two women who called upon me said that they had accepted my apology, which I repeated several times and I felt we had left one another in an amicable fashion, they have apparently felt it necessary to spread the story further abroad and to continue to make an issue of it." "I find this as disappointing as they have found me. Surely,all who know my history know that I have not been a prejudiced person and,to the contrary,have been put to considerable pain in past years for my championing of civil rights causes. It is not everyone who has had a cross burned on their lawn or had their children under police protection because of their sponsorship of civil rights laws in the State of Delaware. When I served as Mayor of Beaumont before,my record will also show that I steadily worked at bringing the different ethnic groups in our City into a closer and harmonious relationship." "I have not faltered in my wish, nor in my efforts,to keep racial prejudice out of all of my public and private dealings. I cannot seethe benefit of publicizing or prolonging what had been a completely innocent choice of words and one that had no intent whatsoever of being hurtful or derogatory to anyone." Mayor Lord concluded: "Surely, to attempt to continue to vilify me for this incident can only be counterproductive for our community and the work that remains to be done by all of us to bring us together as one City. I offer my fervent prayers that those who continue to take offense will realize this,that they will join in efforts to unite and not divide,and that there will bean end to this unfortunate matter." City Manager's Report-City Manager Workday-Trash Pick Up;2002 UPARR Grant Award; 126"' Annual State Firemen's & Fire Marshal's Association Training Conference; Minutes -June 4,2002 Page 6 Neighborhood Planning; Keep Texas Beautiful Program Awards; Lot and MLK Parkway Maintenance; 800 MHZ Radio Communication System;Tyrrell Park Horse Stables;Water Pond Entergy Environmental Grant; Art Museum of Southeast Texas City Manager Bonczek discussed working with the Clean Community Yard Waste Pickup Division and acknowledged Equipment Operator II's Chris Norman and Lonnie LeBlanc fortheir expertise and professionalism. Mr. Bonczek reported proceeding with the eviction of Mr.Jeff Hughes atthe Tyrrell Park Horse Stables,bringing the building to code,and soliciting proposals. The City Manager recommended providing funding for the roof replacement of the Art Museum of Southeast Texas, expounded on the Police Department's 800 MHz radio communication malfunction,and announced distribution of the Neighborhood Strategic Improvements Plans. City Manager Bonczek acknowledged the Clean Community Department/Neighborhood Services Division for receiving an honorable mention in the Keep Texas Beautiful Program, Neighborhood Services Code Enforcement Officer, Lois Balk, for receiving a Citation of Merit in competition for the Ed Davis Litter Law Enforcement award, and the Keep Beaumont Commission as an affiliate of Keep Texas Beautiful. He discussed the reduction of prison labor for lot maintenance and demolition,the major impact the reduction of prison laborwould have on the strategic direction for improvement of the visual appearance of the City, and the recommendation to hire ten additional seasonal workers. City Manager Bonczek reported receiving a$260,000 award from the Urban Parks and Recreation Recovery(U PARR)allowing for rehabilitation of Cottonwood Park and Magnolia Park and$32,500 award from the Texas Parks and Wildlife Department,and recognized Parks Superintendent Lewis Hiltpold for his initiative and diligence in pursuing the grants. Mr. Bonczek spoke of park improvements and upgrade plans,and finalizing administrative analysis in collaboration with citizen requests for Sprott Park, McLean Park, Rogers Park,Wuthering Heights Park, Fletcher Mini Park, and Pearlstein Park. Councilmember Samuel requested the park analysis include similarities to determine consistency. Council consensus favored a parks work session. City Manager Bonczek announced the 126"'Annual State Firemen's and Fire Marshals'Association Training Conference and Convention will meet in Beaumont,and Best Years SeniorCenter Program Coordinator, Lynn Huckaby and Recreation Superintendent Lou Cappi, received a Water Pond Entergy Environmental Grant. He commented on rail speed noise, decibel meters, a future work session to discuss directional warning systems,and recommendations for expending Intelligence Systems Transportation (IST) grant funds. Councilmember Goodson spoke in support ofthe Art Museum roof repairs,and suggested a lease agreement amendment and a preference of local contractors. Mayor Lord requested updates of police communications and demolition provisions for removing cement,and recommended the City Manager contact the Girl Scout's regarding their SPUR (horse riding) program City Manager Bonczek verified the Budget Summit meeting, Monday,June 10 from 11:30 a.m.to 5:00 p.m. at the Tyrrell Park Garden Center and stated Council will not meet Tuesday, June 11. Public Comment (Persons are limited to three (3) minutes). Minutes -June 4,2002 Page 7 Mr.Leroy Lewis III,(address not given),addressed Council concerning information distribution of the Best Year's Center,spoke in support of the demolition of the rice dryer,and suggested local musical talents being showcased at the Art Museum. Mr. Lewis reported school and city buses driving too fast,warned citizens of telephone scams,and requested healthcare assistance forthe disabled and a pedestrian overpass at Pinchback and College Streets. Art Museum of SoutheastTexas Executive Director,Ms.Lynn Castle,addressed Council concerning submittal of a roofing report and discussed three roofing repair scenarios. Ms.Castle reported the roof damage having long term effects and requested Council consideration in addressing the roof repairs. In response to exhibiting area musicians comments,she stated the museum is a visual arts museum focusing on visual arts of the nineteenth, twentieth, twenty-first centuries. Mr. Mark Williford,Westgate Drive, addressed Council as president of South East Texas Council on Family Values,extended belated congratulations to Mayor Evelyn Lord. Mr.Williford discussed the organization's current petition drive to create an open government ethics commission to prevent public corruption,raising the age of nude dancers,and term limits. He reported collecting over 1,200 petition signatures. Mr.Tony Jones,5625 DeSota, Houston and 508 Garland,Beaumont,addressed Council to extend congratulations to Mayor Lord and extended appreciation forthe new Dannenbaum Transit Station. Ms. Jessie Haynes,4450 Corley,addressed Council concerning the remark made by Mayor Lord at the National Organization forWomen(NOW)meeting,and said the statement was disrespectful of the people of the community. Ms. Haynes requested Mayor Lord not to refer to black women as black"gals." She asked that a public apology be made to Human Resource Director Marie Dodson and to all black women of Beaumont. Ms. Toni Prados, 1090 Avenue H, addressed Council to express strong feelings of displeasure concerning the Mayor's remarks and demanded an apology for all ethnic women. Mayor Evelyn Lord responded to both Ms. Haynes,Ms. Prados,and to all African American women who took offense in her use of the word "gal," apologized. Mr.Jude Paradez, 10620 Gage Road,addressed Council to comment on the high level of hostility of the various complexions and the police communication system failure. Mr. Karen Thomas, 410 Neicy, addressed Council concerning work sessions addressing issues such as buying property marked for demolition and assuming demolition liability. She also discussed neighborhood park issues,and supported hiring additional work force to address weed abatement. EXECUTIVE SESSION " Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of James Harris City of Beaumont v. Ralph Hodges, Jr. Christian Jayme v. City of Beaumont Minutes -June 4,2002 Page 8 Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Clerk There being no further business, the meeting adjourned at 3:15 p.m. 2n=�" Evelyn M. Lo M, Mayor - ;4- 2L�2�� Lolita Ramos, InteriniCity Clerk Minutes -June 4,2002 Page 9