Loading...
HomeMy WebLinkAboutMIN SEPTEMBER 3 1996 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD SEPTEMBER 3, 1996 - 1 :30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 3rd day of September, 1996, with the following present: HONORABLE: David W. Moore* Mayor Andrew P. Cokinos Mayor Pro Tern Councilman-At Large Becky Ames Councilman-At-Large Lulu L. Smith* Councilman, Ward I Guy N. Goodson Councilman, Ward II John K. Davis Councilman, Ward III Absent: Bobbie Patterson Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Patrice Fogarty City Clerk *(Mayor Moore and Councilman Smith arrived after Roll Call, but before official action on agenda items.) -000- The Invocation was given by the Reverend Harlan Merriam, St. Andrew's Presbyterian Church. The Pledge of Allegiance was led by Jefferson County Tax Assessor-Collector Miriam Johnson. -000- Mayor Pro Tern Cokinos recognized and welcomed City Clerk Patrice Fogarty. He announced that an executive session will be held following the regular session of City Council in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: Brenda Roy v. City of Beaumont, et al. 257 September 3, 1996 (Mayor Moore and Councilman Smith arrived.) Citizens were invited to comment on the Consent Agenda and Regular Agenda Items 1-3 and 10- 13. Mr. Bruce James, 9520 Broun, addressed Council in support of Agenda Item 3 adopting the 1997 Capital Program, Agenda Item 11 approving CCL Management for management of the Municipal Transit System and Agenda Item 12 amending Section 2-3.1 of the Code of Ordinances concerning the City Attorney's authority to settle liability claims and in objection to Agenda Item 13 concerning a proposed extended area calling service by Southwestern Bell by stating that the elderly and disabled cannot afford a $3.50 increase on their telephone bills and cited an example of his personal long distance calls. Mrs. Irene Lopez, 1125 Norwood, addressed Council as Co-Chairman of the Triangle Interfaith Project concerning Agenda Item 1. Mrs. Lopez stated that Triangle Interfaith has proposed a $500,000 Youth Initiative Fund to provide programs to keep children out of trouble and wants that reflected in the budget, said last year Council provided $50,000 to fund two after school pilot programs that were a huge success, summarized academic funding by the school and asked for augmentation of an after school recreation program from 3:00 p.m to 5:00 p.m. and snacks to be funded by the City and asked those who support this program to stand. Mr. Tony Jones, 3715 East Lucas, addressed Council in favor of Agenda Item 11 employing CCL Management to operate the Beaumont Municipal Transit System and expressed appreciation for their management and spoke in agreement with Mr. James that increasing telephone rates for the elderly and disabled would be an undue hardship if Agenda Item 13 is approved. -000- One Proclamation was issued: "Destination Dignity Month," September, 1996. -000- Mayor Moore added his welcome to City Clerk Patrice Fogarty on her first attendance at City Council and wished her a long, fruitful and productive relationship with the City of Beaumont. -000- Mayor Moore also informed Council and the audience that Councilman Patterson was involved in an accident that required surgery on her ankle and as a result, she will be unable to attend Council for possibly two weeks. He asked that she be remembered during her recuperation. Councilman Patterson requested that he announce that a voter registration drive will he held at Market Basket, 258 September 3, 1996 Lucky Seven stores, Washington Homes, Virginia Manor, Pear Orchard and Sunlight Manor Apartments on Saturday, September 7, and on Sunday, September 8, pastors have been asked to encourage voter registration and support of Operation One Vote. Mayor Moore announced that the Margaret Harmon Scholarship Fund, established by the Mayor's Committee for the Employment of the Handicapped, has recently awarded five, $1,000 scholarships to attend Lamar University. -000- The following Consent Agenda items were considered: Approval of the Minutes of the City Council meeting held August 20, 1996. Resolution No. 96-198 appointing Dr. William J. Graber, III to the Sister City Commission for a term expiring April 3, 1997; Gary Giarraputo to the Airport Advisory Committee for a term expiring September 2, 1998; and Glenn Bodwin to the Board of Adjustment -Zoning for a term expiring September 2, 1998; reappointing Mary Ellen Guerrero to the Beaumont Advisory Commission for Prevention of Child Abuse and Neglect for a term expiring August 10, 1998; John Goodyear to the Beaumont Housing Authority Commission for a term expiring February 28, 1998; Nell Phillips for a term expiring August 10, 1998 and Robert Harris for a term expiring August 15, 1998 to the Parks and Recreation Advisory Committee; JoAnn Polk for a term expiring August 10, 1998 and James Oliver for a term expiring August 8, 1998 to the Sister City Commission and Tony Abbo to the Convention and Tourism Advisory Committee for a term expiring August 29, 1998; Resolution No. 96-199 authorizing acquisition of Parcel 3: Tract 3, City Plat F, 825 Devilleneuve Street from the Estate of Willie and Elnora Chatman, Deceased, for the appraised value of $3,000.00; Parcel 91: Lot 202, Block 19, Herring Addition, 2080 Poplar, from Priscilla Wallace for the appraised value of$2,500.00; and Parcel 194: part of Lot 97, Block 9, Herring Addition, 1010 Sherman Street, from the Charlton-Pollard Alumni Association for the appraised value of $2,500.00; for the Charlton Pollard Neighborhood Revitalization Project, Phase I; and Resolution No. 96-200 authorizing acquisition of Parcel 41: 0.331 acre out of Lot 3, Block 7 of the Wescalder Fig Acres Addition (just north of 2220 South Major Drive) from Mary Weed Fletcher for undivided one-third interest of$1,500.00 (total appraised value, $4,500.00) for improvements to FM 364/Major Drive from Highway 105 to State Highway 124. The Consent Agenda was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None 259 September 3, 1996 Ordinance No. 96-42 adopting the FY 1997 Annual Operating Budget with appropriations of $60,956,800 in the General Fund; $9,595,000 in the Debt Service Fund; $18,182,100 in the Water Utilities Fund; $8,058,100 in the Solid Waste Management Fund; $1,550,000 in the Hotel Occupancy Tax Fund; $1,800,000 in the Street Maintenance Fund; $2,460,000 in the Municipal Transit Fund; $3,554,200 in Other Special Revenue; $3,850,500 in the Capital Reserve Fund; $3,440,000 in the Fleet Management Fund; $9,272,700 in the Employee Benefits Fund; and $2,880,000 in the General Liability Fund; was considered: ORDINANCE NO. 96-42 ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1996 AND ENDING SEPTEMBER 30, 1997 IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT; APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT; REPEALING ALL ORDINANCE OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. Councilman Davis commended the City Manager and Staff for submitting a budget without a tax increase or cuts in services and questioned relocation of Municipal Court to the former White House Department Store building on Orleans Street in this budget. The City Manager said funding is available in Reserve Funds, and in response to the Mayor's inquiry, affirmed that funds would be available for any personnel changes or additions at Municipal Court. Councilman Goodson expressed appreciation to Council, the Mayor, City Manager and Staff and the Finance Director and Staff for organization of the budget and the detail provided and observed that not only did Staff do a commendable job that allows going forward with City services, but does so without a tax increase. Councilman Goodson added comments about the funding request for an after school program by emphasizing Council's concern with youth issues, said "it is probably the most constant thing that this Council discusses..." and said Council "took what some would consider a very aggressive position last year in budgeting this $50,000, not $500,000, through a procedure through the School District..." He said some questions that need to be understood are legal issues concerning funding of projects, said that was explained in great detail last year and that he has told members of the TIF Committee not to lose their aggressiveness, not to lose their foresight in trying to work out the problems, but said he seriously accepts his responsibility as a Councilman and the dictates of the Charter and will not support an initiative or program that does not meet the approval for funding by the Legal Staff, City Manager and Department Heads and the interest of constituents. He spoke of the difficulty in considering tax increases and in denying requests for funding, said community programs need to be cooperative, said the City has to have 260 September 3, 1996 a role beyond money raising and addressed regulations and guidelines for distribution of various grants and funds from the federal government. Councilman Goodson stressed confidence in the organizations and their ability to properly use funding, spoke of accountability to constituents and their inquiry of even small expenditures and reiterated that for this project to succeed, cooperatively funding will have to be sought, using resources of the School District, committee members and private industry as well as those of the City, said $500,000 is an enormous amount of money and that he sees this program as significant. Mayor Pro Tem Cokinos confirmed there is a contingency in the amount of$1,500,000 for liability of lawsuits in the General Fund and asked for a review of the items in Contract Service totaling $205,000. Finance Director Beverly Hodges distributed detailed handouts to Council, and the City Manager detailed the fund expenditures: Annual Audit--$104,000; Carolyn Chaney and Associates contract--$60,000; SETRPC Dues--$20,000; U. S. Conference of Mayors Dues--$6,300; Nations League of Cities Dues--$5,700; Texas Municipal League Dues--$5,900; and Miscellaneous Dues-- $3,100. Mayor Pro Tem Cokinos asked for a report of the services of Carolyn Chaney, challenged the worthiness of her efforts for the City of Beaumont, said she has never contacted him, and that he would like Council to take a hard look at renewing her contract. The City Manager explained that these funds are budgeted, and at the time for contract renewal, the City Council has the privilege of renewing or denying the contract. He said the funds are placed in the budget for Council discretion. Mayor Pro Tem Cokinos asked specifically for a memo regarding Carolyn Chaney's scope of service. Councilman Goodson recounted contacts with Carolyn Chaney and the benefit he has received from her counsel and from the Washington Newsletter that she submits to Council. He related specific programs and grants with which she has assisted and said he has found Ms. Chaney to be responsive and helpful in researching funds that Beaumont might receive and will share a memo from her with Council. Mayor Moore said to appreciate a resource, it must be accessed and challenged and said that Carolyn Chaney has proven to be a valuable asset. He mentioned positive activity of the Port, the Housing Authority, crime funding for additional officers, funding for battered women and the Chamber of Commerce and economic development and their contacts made by Ms. Chaney to continue funding when needed. Mayor Moore said Council very seriously considers spending tax dollars and Councilmembers who call Ms. Chaney with questions, read the newsletter or utilize her services understand and appreciate her value better, but at the contract renewal date have opportunity to further consider the need for the resource. Mayor Moore told the audience that Council cares very much about the youth, addressed the $500,000 request today and said that Council stepped out last year with the after school pilot program with hopes that the community would step up and understand the significance of the project. He said many feel the School District will be the proper vehicle to guide the program, said that joint meetings with BISD regarding collaborative efforts will reconvene in October, said government cannot do everything, but will assist with policy, regulation and in whatever ways possible, and when government becomes the 261 September 3, 1996 total funding source, community participation falls by the wayside and the program becomes ineffective. Ordinance No. 96-42 was approved on a motion made by Councilman Davis and seconded by Councilman Ames. Question: Ayes: All Nayes: None -000- Ordinance No. 96-43 adopting the property tax assessment roll certified on July 16, 1996 by the Jefferson County Appraisal District in the amount of $3,420,028,280, providing for the levying, assessing and collecting of ad valorem taxes, establishing the tax rate at $0.615 per $100 assessed valuation for the 1996 tax year with $0.36 for the General Fund and $0.265 for the Debt Service Fund was considered: ORDINANCE NO. 96-43 ENTITLED AN ORDINANCE ACCEPTING 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 1996; PROVIDING FOR SEVERABILITY AND PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilman Goodson said that one of the significant reasons for allowing the City to spend Capital Funds without increasing debt service levy is the effort expended by the staff from the City Manager's and Finance Director's offices and Legal Department in seizing the opportunity to refund bond indebtedness at a lower interest rate and thanked Tax Collector/Assessor Miriam Johnson for her collection efforts. Councilman Davis asked the City Manager to share the City's financial position, and Mr. Riley reported that the current financial position is the best during his tenure with the City and that the biggest increase in revenues this year is in Industrial Contracts, with an anticipated collection in excess of $9 million, and reiterated that the City is in good condition with sufficient reserves. Councilman Davis also asked about Beaumont's economy, hotel occupancy tax and sales tax and commented that if we continue to attract new business, perhaps there will not be a need for a property tax increase. Mr. Riley recounted that the primary source of revenue for the General Fund is through sales tax and that an anticipated increase of 2-3% is expected and discussed the effects of inflation and the expectation of sustained growth. Councilman Davis added his appreciation for the addition of a $1.4 million library in this budget and expressed his wishes that these positive, constructive financial achievements would be emphasized more in the media and reflect the growth in Beaumont. 262 September 3, 1996 Mayor Moore acknowledged efforts of Staff and added that the single endeavor that saved the most money this past year is the refunding of bonds and has been the primary resource needed for not considering a tax increase. Ordinance No. 96-43 was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 96-201 adopting the five-year Capital Program for Fiscal Year 1997 through Fiscal Year 2001 for Public Works Improvements totaling $22,150,000 for Current Projects, $19,700,00 for Category I Projects, $55,580,000 for Category II Projects and General Improvements in Current Projects totaling $3,430,000, Category I Projects totaling $4,400,000 and Category II Projects totaling $2,100,000 was considered. Councilman Davis, on behalf of Councilman Patterson, asked that in next year's appropriations, Mercantile Street (near Odom Middle School) be included in the Street Program, and Pine Street in Ward III, and called attention to potholes on Concord Road and questioned the status of Concord Road in the program and requested progress reports. Mayor Moore addressed the condition of Laurel Street from IH-10 across 23rd Street that needs attention after recent construction and spoke of the need of curbs and gutters on Virginia Street from Fourth Street to the railroad track. He explained there are deep ditches in that area and in addition to neighborhood traffic, is heavily used by buses and emergency vehicles traveling to the Pear Orchard community, Odom Middle School and churches and requested proposed costs of curbs and gutters or proposed drainage plans for the area. Councilman Smith stated that some streets are low on priority lists and perhaps should be reviewed, commented about the construction on Dowlen Road and said that from Delaware and Folsom to Major Drive should seriously be given consideration for higher priority because of the relocation of the Post Office and construction of new businesses. She also discussed Old Dowlen Road being insufficient to serve the area, said that 60% of the streets in Beaumont have open ditches, mostly in older areas, and because of updated code requirements, developers install curbs and gutters in new projects. Resolution No. 96-201 was approved on a motion made by Councilman Smith and seconded by Councilman Davis. Question: Ayes: All Nayes: None An Ordinance authorizing a Specific Use Permit to allow operation of a day care center for 263 September 3, 1996 children to be operated from 6:00 a.m. to 6:00 p.m., Monday through Friday, at 2350 Cartwright inf an RM-H (Residential Multiple Family-Highest Density) District at the request of Lisa Monette with a recommendation for denial from the Planning Director because the applicant failed to comply with five of the eight conditions necessary for approval and a recommendation from the Planning Commission for denial on a 7:0 vote was considered: ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DAY CARE CENTER FOR CHILDREN AT 2350 CARTWRIGHT IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY-HIGHEST DENSITY DWELLING) DISTRICT, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilman Davis stated that he was unable to attend the public hearing and requested the item be deferred one week to give opportunity for him to converse with Ms. Monette and understand all the facts about the request before making a decision. Council concurred with Councilman Davis' request to defer the ordinance one week. -000- Ordinance No. 96-44 authorizing a Specific Use Permit to allow construction of a church sponsored high school in four (4) phases in an RS (Residential Single Family Dwelling) District on three tracts containing a total of 43.5 acres fronting the north side of State Highway 105 at the request of Cathedral in the Pines Christian Center, Inc., subject to construction of two 36' driveways as part of Phase I development for safety and traffic circulation and installation of a 30' landscape buffer along the entire east property line of the subject property as part of Phase I. was considered: ORDINANCE NO. 96-44 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH SPONSORED HIGH SCHOOL WITHIN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED ON HIGHWAY 105, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Council comments included confirmation by Councilman Goodson that Phase I construction will be located on the southwesterly part of the land adjacent to a wooded area away the neighborhood 264 September 3, 1996 by 700 to 800 feet, that the buffer requirement is an extension of the trees already along the eastern boundary line, and clarified that today the site plan is being approved and that the four phases of construction could be paced more rapidly than the prediction, but could not realign the facilities without further action by Council. Councilman Smith commented that the athletic field will be about 200 feet from the drainage ditch, and Planning Director Steve Richardson explained that all lighting will be directed toward the field and away from the neighborhood and in response to a query, stated that one person was at the hearing to ask questions and had them answered by City or School Staff. Ordinance No. 96-44 was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- (Mayor Moore left the Chambers and Mayor Pro Tem Cokinos chaired the remainder of the business items.) An ordinance authorizing a Specific Use Permit to allow church services in an existing 936 square foot frame residential structure located at 2260 Rockwell in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at the request of Mrs. V. E. Fobbs (pastor) with a recommendation for denial by the Planning Director because the proposed use would not be compatible with the immediate neighborhood and fails to comply with five of the eight conditions necessary for the permit and recommendation for approval by the Planning Commission with modification of the landscaping and buffering requirements and subject to church services ending by 8 p.m. on any night they are conducted, was considered: ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN AREA ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 2260 ROCKWELL IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. In response to Councilman Smith's question, Planning Director Steve Richardson confirmed that by approving the Specific Use Permit, another activity other than a church could be operated at that location, if the property should be sold. Councilman Smith stated that a vote for the permit would not be for the use of a church, but a potential for other uses in the neighborhood. She said this is totally a residential neighborhood and does not feel comfortable with this Specific Use Permit. 265 September 3, 1996 Councilman Goodson inquired about the possibility of limiting use of this particular Specific Use Permit to church activity. After comments by the City Attorney relating to how the ordinance is drafted and explanation by the Planning Director that the Zoning Ordinance states there could be no other use change with a more intense use than what is presently being approved by Council, Councilman Goodson requested deferral of this item for addition information to insure there will not be potential problems in the future. Councilman Goodson discussed in detail the high level of Council responsibility in zoning decisions and possible fine tuning of Specific Use Permit. The consensus of Council was to defer the item, and no official action was taken. (Mayor Moore returned to the Chambers and Mayor Pro Tem Cokinos continued to conduct the meeting.) -000- Ordinance No. 96-45 authorizing a Specific Use Permit to a church (North Church) to open in an existing two-story building on a 7.96 acre tract in an LI (Light Industrial) District at 8060 Eastex Freeway at the request of William Yeary, representing the Church on the Rock in Nederland with recommendations for approval by the Planning Director and Planning Commission, was considered: ORDINANCE NO. 96-45 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A NEW CHURCH IN AN AREA ZONED LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED AT 8060 EASTEX FREEWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 96-45 was approved on a motion made by Councilman Smith and seconded by Councilman Ames. Question: Ayes: All Nayes: None -000- Ordinance No. 96-46 authorizing a Specific Use Permit to allow sale and storage of new and used steel and steel products in a GC-MD (General Commercial-Multiple Family Dwelling) District at the request of William L. Ladd, President of Acorn Steel Sales, Inc., who wishes to open his facility 143 feet south of the 5300 block of College Street on a 2.7 acre tract of land which abuts the west line of the unpaved Pacific Avenue and lies about 400 feet east of Chamberlin Drive with approval recommended by the Planning Director and Planning Commission, was considered: 266 September 3, 1996 ORDINANCE NO. 96-46 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE SALE AND STORAGE OF STEEL AND STEEL PRODUCTS, NEW AND USED, IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT, 143' SOUTH OF THE 5300 BLOCK OF COLLEGE STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 96-46 was approved on a motion made by Councilman Smith and seconded by Councilman Ames. Question: Ayes: All Nayes: None -000- Ordinance No. 96-47 authorizing a zone change from GC-MD (General Commercial-Multiple Family Dwelling) and RM-H (Residential Multiple Family Dwelling-Highest Density) to RS (Residential Single Family Dwelling) for property located at the southeast corner of Sabine Pass Avenue and Flowers Street to allow development of a 14 lot subdivision by the Southeast Texas Community Development Corporation for affordable housing to low/moderate income families, was considered: ORDINANCE NO. 96-47 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED GC- MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AND RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) TO RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SABINE PASS AVENUE AND FLOWERS STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilman Davis thanked the Planning Director and his department for their assistance with the Charlton-Pollard Neighborhood Revitalization Project and as a point of information, said all homes built in that area have been sold and thinks that is a good indication of the progress in that 267 September 3, 1996 neighborhood, described the area as the "new Charlton-Pollard" neighborhood and encouraged visits to the area with a positive attitude of what can be accomplished and what there is to be offered to the public. Councilman Smith support Councilman Davis' comments and added that it is nice to drive through the neighborhood and see the homes that have been constructed. Ordinance No. 96-47 was approved on a motion made by Councilman Ames and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 96-202 authorizing a contract with Bo-Mac Contractors in the amount of $1,194,476.00 for construction of a new 4,000,000 Gallon Ground Storage Reservoir to be located near the Prison Complex Pump Station site in Beaumont was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 96-203 authorizing a three-year contract with an additional two-year option, effective October 1, 1996, with CCL Management, Inc. for management of the Beaumont Municipal Transit System was approved on a motion made by Councilman Ames and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 96-48 amending Chapter 2-3.1 of the Code of Ordinances to allow the City Attorney to settle property damage claims, with the City Manager's concurrence, that do not exceed $10,000 per occurrence, was considered: ORDINANCE NO. 96-48 ENTITLED AN ORDINANCE AMENDING CHAPTER 2, SECTION 2-3.1 OF THE CODE OF ORDINANCES TO AMEND THE CITY ATTORNEY'S AUTHORITY TO SETTLE LIABILITY CLAIMS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. 268 September 3, 1996 Ordinance No. 96-48 was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 96-204 supporting a petition to the Public Utility Commission for Southwestern Bell Telephone Company to provide an extended area calling service to Beaumont, Port Arthur, Orange and surrounding area exchanges at costs of up to a maximum of $3.50 per month per residential line in the calling area and up to a maximum of$7.00 per month for every business line and authorizing Don Kelly, Executive Director of the Southeast Texas Regional Planning Commission, to represent the the City of Beaumont in all proceeding concerning the joint petition, was considered. Southwestern Bell Telephone Company Regional Manager Don McFarlin was present to answer questions. Councilman Davis expressed his concern about increased rates for constituents of Ward III and questioned the 70% approval needed. In response to Council questions, Mr. McFarlin explained that a minimum 30% response with 70% approval is needed for approval and confirmed that if less than 70% of the minimum approved the petition, the request would fail. Mr. McFarlin emphasized that today's action is not approving or supporting the concept of toll-free calling, but is supporting the petition process and allowing the issue to be submitted to the Public Utility Commission and brought to the subscribers for a vote. Mr. McFarlin further discussed stimulation of economic development that would be generated by more calls, said the cost could be less than $3.50 per subscriber, if all of the exchanges agree on the service, explained the balloting process using political science students at Lamar University, the cost to the telephone company to conduct the balloting and announced that people may call 839-6070 for addition information or answers to questions. Mayor Moore said one of his concerns has been for senior citizens and relayed a surprising statistic from one of the Southeast Texas Regional Commission surveys that showed the largest level of approval was from senior citizens on fixed incomes because of the number of their relatives or caretakers who live outside the toll-free range and whom they frequently speak to with by telephone. After a thorough explanation that action today gives opportunity to telephone subscribers to decide the fate of the toll-fee extended area calling service instead of Council making that decision, Resolution No. 96-204 was approved on a motion made by Councilman Ames and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- 269 September 3, 1996 (Mayor Moore chaired the remainder of City Council.) Councilman Davis commented that when sad events occur within our community (the death of a 16-year old boy on Monday and discovery of a drowning victim), "it is always a prudent and wise move to wait and to be sure" all facts are known before judgments are made before any community action is taken and expressed his condolences to the families. He commended the Triangle Interfaith Project program and committee and encouraged they receive suggestions from Council and reported that he has not received any opposing calls from his constituents regarding the Southwestern Bell proposal and expressed appreciation to Mr. James for his concern and comments. Mayor Pro Tem Cokinos told Public Works Director Tom Warner that he has received calls about the street barricades on Gladys near West Lucas and Mr. Warner explained that a dip is being smoothed and that a better transition from the new street to the old pavement is being made. Again, Mayor Pro Tem Cokinos questioned railroad track repairs, and Mr. Warner responded that Santa Fe will be starting repairs at Calder, McFaddin, 11th Street and Washington Boulevard this week, weather permitting. Councilman Goodson noted that votes were taken on the Consent and Regular agendas regarding the Charlton-Pollard Neighborhood, and said it is with some surprise that we are moving to return property to residential use from a commercial zone. He stated receiving favorable comments about the beauty and accessibility provided by the Martin Luther King, Jr. Parkway and suggested a valuable endeavor of the MLK Parkway Commission would be to encourage economic development along the Parkway by soliciting establishment of businesses such as grocery stores, pharmacies and basic service groups. Mayor Moore shared thoughts regarding the after school program, school funding, CDBG funds marshaling forces and gaining opportunities to benefit youth across the city. He relayed calls received from citizens concerning the old Wal-Mart parking lot being used as cut-off from Arthur Street and creating a potential safety problem. In addition, Mayor Moore questioned the type of construction to be used for the Alice Keith Pool, and the City Manager said there will be a complete renovation of the existing pool using the same configuration. Mayor Moore said he would like to consider resurfacing the wading pool and possibly adding a sprinkling system. Also, Mayor Moore told Mr. Warner that residents on Blossom off Washington Boulevard have registered complaints about the railroad company not cutting four to five feet tall grass. Mayor Moore said there has been the loss of a young persons life that has tragically saddened the community and asked that we come with a sense of calmness and positive assistance to that family. He said we want to make sure proper information is disseminated, and all will be done to make any change that might assist the community. 270 September 3, 1996 Mr. Tony Jones, 3715 East Lucas, reported standing water that is stagnant in the ditch at 508 Garland at Maddox, said during the past 3 '/weeks he visited with METRO personnel in Houston and received much information that he wants to share with Mr. Cline, and suggested that with funding to be received for refurbishing bus shelters, consideration be given to building permanent structures and using the old shelters in other areas or giving them to the School District. Mrs. Irene Lopez, 1125 Norwood, thanked Councilmembers for past meetings with them, said the after school programs are continuing, but are not as extensive as last year, and the schools are using grants from the TEA, priority funds and donations from business partners. Mrs. Lopez expressed a desire for a collaborative effort with the City, School District, parents and teachers. Mr. Charles Johnson, 5080 Helbig, complained about Ms. Pamela Williams, a prosecutor at Municipal Court, commented about management of Plymouth Village not paying cable and light bills, reported that Ms. Beverly Ballou is no longer managing the complex and made statements about the activity of Mr. Edward Reynolds in Apartment No. 29. Mr. Tony Sacker addressed Council to confirm past concerns about video taping Council meetings and expressed a desire to cease the tapings, spoke of the Mayor attending the Democratic Convention, spoke against the justification of purchasing the former White House building in anticipation of a lease to the Jefferson County Appraisl District and reported that as he predicted Lowe's is now selling portions of their property and referred to his urging for irrevocable letters of commitment. Mr. Bruce James, 9520 Broun Street, questioned the legality of a suggestion of putting Beaumont Police Department decals back on a few of unmarked vehicles because citizens cannot tell if they are being stopped by a Beaumont Police Officer or by an imposter who has illegally purchased a uniform and badge. Mr. Robert Lynn Demary, 430 East Elgie, addressed Council as a member of the board of the South Park Neighborhood Association to extend an invitation to attend the dedication of their second beautification project Monday, September 9, 6:30 p.m., beginning with a motorcade at Gladys City to the site at Irving and Harriot Street for the dedication, and as President of the Federation of Neighborhood Associations announced a meeting for Thursday, hosted by Heart of the City Neighborhood Association, at the McCabe Roberts United Methodist Church at 1205 Roberts Avenue and announced other activities: Citizens on Patrol--September 14, 5:30 p.m., a training seminar and workshop for existing patrollers, October 22 and 24, new volunteer training session; Texas Special Olympics Baseball Game--September 28; Drug Free Beaumont Rally-- October 20; Kids & Cops Picnic--October 26; and Police Activities League (PAL) Charity Benefit-- November 2nd. Mr. Allen Lee, 5095 Maddox, told Mayor Pro Tem Cokinos he was doing an excellent job, but he disagreed with him on the matter of Police Citizen Review Board, called the three-minute citizen 271 September 3, 1996 comment time limit, "the Allen Lee Gag Rule," unless one is a certain color, spoke of Lawrence Lewis' death on Monday, said there was no need for the occurrence and he has been in contact with Mr. Ed Keller of the F. B. I. and Mr. Dean Johnson, the attorney for the Police Department. He said that his organization, the Concerned Citizens and Taxpayers of America are doing fact finding on this situation and claimed the young man was pepper sprayed and they will look into that policy. Mr. Lee further remarked about the incident and blamed Mayor Moore. He said he is in contact with the U. S. Conference of Mayors and has made them aware of his struggle to get a Civilian Review Board established in Beaumont, said he still is in federal court on the issue, made further comments about the Mayor, Police Department and schools and complained when his time for comment expired. -000- Mayor Moore said that in spite of some comments made today, he thinks the attitude in our community is really good, people are striving to work together and it is a sad commentary when issues and words are twisted, but the good commentary is those who believe in this community and are moving forward. -000- There being no further business, the meeting was recessed to conduct an executive session. -000- 1, Patrice Fogarty, City Clerk for the City of Beaumont, Texas, certify that the above is a true copy of the Minutes of the regular City Council session held September 3, 1996. Patrice Fogarty City Clerk 272 September 3, 1996