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HomeMy WebLinkAboutMIN NOV 13 1990 REGULAR SESSION CITY COUNCIL CHAMBERS HELD NOVEMBER 13, 1990 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 13th day of November, 1990, with the following present: HONORABLE: Andrew P. Cokinos Mayor Pro Tem Councilman At Large Brian R. Alter Councilman At Large Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Absent: Evelyn M. Lord Mayor Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by the Very Reverend John Badeen, Saint Michael ' s Orthodox Christian Church. The Pledge of Allegiance was led by Melissa Hickman, Roger Monterro, Jason Wagner, and Crystal Mills, third grade students at Caldwood Elementary School. -000- Three Proclamations were issued: "Great American Smokeout Day, " November 15, 1990; "American Education Week, " November 12-16, 1990; and a proclamation commending "Sallie Curtis Elementary School" for adopting National Standards for Youth Sports established by the NYSCA (National Youth Sports Coaches Association) of Texas. -000- Citizen comment was invited on the Consent and Main Agendas. No one wished to address these items. -000- The following Consent Agenda items were considered: Approval of the Minutes of the Regular Session of City Council conducted November 6, 1990; -386- November 13 , 1990 Resolution No. 90-255 appointing Ann Heidtke to the Library Commission for a term expiring October 31, 1992 ; Ted Johns to the Planning Commission for a term expiring July 31, 1992 ; Peggy Bergeron to the Mayor's Committee for Employment of Disabled Persons; Janet Thomas for a term expiring September 30, 1992, and Officer Butch Pachall for a term expiring September 30, 1991, to the Clean Community Commission; and Richardo Ramirez, Jr. and Virginia Stansbury to the Senior Citizens Advisory Committee for terms expiring September 30, 1992 ; and Resolution No. 90-256 authorizing execution of a Special Warranty Deed with Retained Water and Sanitary Sewer Easement to William R. Cousins, III and Virginia Carol Cousins, to clarify the point that the original conveyance was intended to be an easement in 1935 for right-of-way acquired for the City's fresh water canal northeast of Bunn's Bluff, with the owners relinquishing a right under the existing instrument to require the City to construct a bridge across the canal. The Consent Agenda was approved on a motion made by Councilman Samuel and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 90-68 amending Chapter 28 of the Code of Ordinances and adopting a new rate schedule for water and sanitary sewer service and providing a senior citizens' discount, effective January 1, 1991, was considered: ORDINANCE NO. 90-68 ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT ADOPTING WATER AND SEWER RATE SCHEDULES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING A PENALTY. Ordinance No. 90-68 was approved on a motion made by Councilman Smith and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 90-257 authorizing abandonment of a 135-foot section of Cherokee Lane right-of-way at the north end of the street, adjacent to Lots 1 and 10, Mockingbird Lane Addition as requested by Kenneth C. Matthews, Jr. , of 1260 Cherokee Lane was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- -387- November 13, 1990 Resolution No. 90-258 authorizing purchase of a turf tractor-mower which will mow, edge and remove clippings and debris all in a single operation for the Street and Drainage Division in the amount of $16,933 . 64 from Goldwaithes of Texas, Inc. was approved on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 90-259 authorizing payment in the amount of $22, 573 . 64 for emergency purchase of approximately 284 tons of lime slurry at $79.50 per ton from Chem Lime of Alvin, for base stabilization of Walden Road between Major Drive and Interstate 10, in a joint project of the City and Jefferson County Precinct No. 4, was approved on a motion made by Councilman Moore and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- Mayor Pro Tem Cokinos reported receiving several calls in opposition to the large political signs placed in residential areas and asked Mr. Riley to prepare an ordinance for Council consideration to ban large political signs in residential areas, limiting them to commercially- zoned areas only. He said the signs block intersections and present a hazardous situation for school children and those on bicycles and create an unsightly appearance. Councilman Goodson said that attending the program and visiting with the students at Caldwood School was one of the most enjoyable experiences he has had while serving on City Council. Councilman Alter reminded citizens that the first Babe Didrickson Zaharias Female Athlete of the Year award will be December 5, 1990, and tickets should be purchased by November 30th. He said it is very important the community respond appropriately to encourage national sponsors for future years, as well as recognizing an important athlete of this community, and give Beaumont proper recognition. Councilman Smith echoed Councilman Goodson's comments about the program at Caldwood School. She said the second grade served as hosts and hostesses and presented an impressive program and and she was impressed with their stage presence. Councilman Smith announced that the last "Sunday in the Park" will be conducted December 9, 1990. This is traditionally the one with full Council participation. -000- Mrs. Janice Rice, 13555 Thousand Oaks, 77713, mother of Keith, a 31-year- old confined to a wheelchair, addressed Council to request that transportation for handicapped individuals outside city limits be resumed. Mr. Riley explained there has been no Council action -388- November 13 , 1990 eliminating transportation outside the city limits and that perhaps regulations of the Urban Mass Transportation Act have caused some change, and he will review the situation to see if there is a specific reason for a change. Councilman Smith suggested transportation alternatives such as the Senior Citizen Association, MHMR, and South East Texas Regional Planning Commission. (Councilman Moore left the Council Chambers. ) Mr. Henry Dannenbaum, 1567 Wall Street, addressed Council in support of bus transportation for handicapped and other topics of personal interest. Mr. Forrest F. "Ted" Posey, 3695 Edmonds, addressed Council to invite everyone to attend his 80th birthday party on December 28th at the Best Years Center, read a poem and encouraged better education. (Councilman Moore returned to the Council Chambers. ) Mr. Raymond Egland, 3750 Southern Pacific Road, addressed Council to complain of city employee harassment and a court case resulting from Environmental Health Department citations. -000- There being no other business, the meeting was recessed before continuing with the 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 13, 1990. Rosemarie Chiappetta City Clerk -389- November 13 , 1990 EXCERPT FROM BEAUMONT, TEXAS, CITY COUNCIL WORKSHOP SESSION, HELD NOVEMBER 13, 1990 THOSE PRESENT: Andrew P. Cokinos Mayor Pro Tem Brian R. Alter Councilman At Large Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Absent: Evelyn M. Lord Mayor Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- (Tape began with discussion in progress. ) CITY MANAGER: . . .two percent, but Ward, excuse me, Precinct 64 is probably less than 50%. We estimate about 42%, I think, using your neighborhood figures, but even then with that switch, still would keep both of the wards in excess of 60% Black after the, after the changes. We, and after I say, we have looked at it any number of ways and currently, outside of that which is the very minimal change that could be made to bring it into-- using population figures now as your dominant major factor and trying to preserve that balance of the minority represent--but the minority population in the wards. Those are the only ones that we can feel like can be made at this time that can be justified or that we can show that we have sufficient information to show Justice that they are warranted. To go beyond that will be very difficult to really to be able to reasonably demonstrate to you that we have sufficient figures. And, at this point, in other words, we will be happy to do whatever the Council wants us to do. Our final report is almost that we have come full circle primarily looking at trying to use registered voters and there was such a large variance because the registered voters have over 77 percent that it really became necessary to move numbers of precincts to try us to cause that balance. But, if anything is to be done now prior to our receiving the final 1990 populations and can be applied and using perhaps other types of splits in precincts that we might anticipate as a result of that, this seems to be about the best alternative for trying to make balance. Other than that, I would almost say that it would be better to do nothing. However, I want . . in other words, the Council has spent a lot of time on this to try to determine what would be fair and reasonable and the proper distribution to come up with the Ward boundaries for the May election and it only becomes, you know, more important to you now because of the geographic locations for residency of those who might be candidates for the City Council. It was not that important last year because they were Ward elections (at large) and they won't be that important in the future. So, at the present time, I think EXCERPT FROM BEAUMONT, TEXAS, CITY COUNCIL WORKSHOP SESSION, HELD NOVEMBER 13, 1990 Page 2 CITY MANAGER continued: you have a small window of timeliness that if you are going to make a change then the change should be one that can be demonstrated to Justice that it is fair and reasonable and it is accomplishing both the requirements of the Charter in trying to get an equal representation and it does not diminish that minority representation which we currently have. Any other change, that would be simple and easy to do. One which would even be simpler and easier is to do nothing. It does . . . we do currently have sufficient information though that shows it is outside that 10 percent boundary and probably could be corrected with just those very simple adjustments. But, we don't know one if we can do because of the time. In other words, if we had other information, if we had more time, we possibly could come up with some other plan but with the absence of the 191, excuse me, with the U.S. Census figures using the 190 demographics by neighborhoods, it will be difficult to really justify much of a change. And, at this point, I would say we just await the pleasure of the Council. We will do whatever you want us to do from this point forward. MAYOR PRO TEM COKINOS: Ray, how long . . . what's the time structure on this as far as the next election in 191 is concerned? Are we closing in on the . . . . . . CITY MANAGER: I believe the filing is sometime in the middle of February, the first two weeks, around the 15th . . . 10th or 15th of February? CITY CLERK: Something like that, and it will end the middle of March. MAYOR PRO TEM COKINOS: Do you think the adjustment of 1 and 64 (Precincts) will satisfy the Department of Justice on . . .? CITY MANAGER: We have not precleared it but in the discussions that we've had, we understand that population is the dominant factor. We know that with our current estimates by applying any criteria, that we are somewhat out of balance. I doubt that it is . . . will be absolutely . . . in other words, it is not critical, I believe, that you make a change. It is not that far out of balance. I don't think I hear anybody, you know, pushing to say that you absolutely must bring it in conformance with EXCERPT FROM BEAUMONT, TEXAS, CITY COUNCIL WORKSHOP SESSION, HELD NOVEMBER 13, 1990 Page 3 CITY MANAGER continued: that Charter requirement. And, I would say, recommend to you that the only changes that you should make are those that you can very clearly demonstrate. . . do not, you know, only actually improve the situation and that would not impair, I believe, that minority representation which you have in Wards III and IV so that we . . . Because if we cannot clearly demonstrate that to Justice regardless of what changes are made on population, it would not be . . . I don't think it would be approved. But, we have not submitted a plan to them and won't until Council selects what . . . In other words, if a plan is selected, that is the plan that I think we have to give to them and in effect and the . . . I think they will not act on a series of alternates. They will take the proposed plan. CITY ATTORNEY: You have to adopt one to send to them. They won't give you advisory opinions. MAYOR PRO TEM COKINOS: Any member of the City Council have any remarks to make? COUNCILMAN ALTER: I have a few questions. One, based on what the Justice Department has told us about . . . . . . (Tape turned at this point in the discussion) CITY ATTORNEY: — so long as . . . We don't have to really worry about it, I think it is overridden by the Constitutional issue but it would be good to clean it up (Beaumont Charter) . COUNCILMAN ALTER: Second question would be if we . . . if the Justice Department hasn't come at this point in time and told us what you have is bad and if we left it the way it was . . . so, we've got the greater amount of information from 1990 census, it doesn't appear like we have any problem, is that correct. EXCERPT FROM BEAUMONT, TEXAS, CITY COUNCIL WORKSHOP SESSION, HELD NOVEMBER 13, 1990 Page 4 CITY ATTORNEY: I think it's not likely that we would have any problems if we did nothing. The deviation on the high side is primarily in the White Wards. so, if there's any dilution, it's there and they are adequately represented on the Council and have been historically. So, unless you have some one who just wants to litigate that issue as a reverse discrimination issue or something, I don't . . . it doesn't appear likely that if you did nothing that you would have a problem. MAYOR PRO TEM COKINOS: David . . . COUNCILMAN MOORE• In view of the fact that we have put in a lot of hours into this, based on the information we received today, I would say we do fit the criteria that is described here by the Justice Department . . . we could likely submit this plan here and feel pretty comfortable about it, I would think. You say we cannot send alternate plans to them to serve as Advisory to serve us in an advisory capacity . . . . . . CITY ATTORNEY: Yes, we have to submit changes that will affect voting and so they will require that we adopt something and send it to them. It's not things that we may want to do that will affect voting. COUNCILMAN MOORE: This will bring the numbers a little more into compliance for the area that we were looking for in Council. . . . . . CITY ATTORNEY: Yes, long term you wouldn't want to maintain this 19 percent variance. There's the 10 percent . . . the 10 percent rule of thumb is just and there are other things that you can talk about in litigation over that, such as equal representation on your Council for a historical period of time and I . . . you know, we have a good story to tell, I think, in that area but by the same token you do need, I think, to deal with this at some point. If not now, I think you could make a good argument that more accurate demographic data and even population data will be forthcoming in 191, so you could go either way. EXCERPT FROM BEAUMONT, TEXAS, CITY COUNCIL WORKSHOP SESSION, HELD NOVEMBER 13, 1990 Page 5 MAYOR PRO TEM COKINOS: Then, what you are saying is that you want a feeling from this City Council whether to proceed with this particular plan, Ray? CITY MANAGER: Yes, not just a feeling but I think almost a proposal as far as we are concerned. You currently have a 22 percent variation on population . . . MAYOR PRO TEM COKINOS: And, this will balance it . . . CITY MANAGER: What prompted this entire thing was just bringing to your attention . . . I believe the City Clerk back last April pointed out that the Charter says that you should balance the wards as reasonably as possible periodically. We are going through that. I think that what we've shown you here is that if we now have to use population, this plan P1 which only moves those two precincts (1 and 64) will accomplish all of those very simply and easily without doing any damage. Other than that I would say do nothing. So, if you prefer to move to do something, I would recommend that you take this Plan P1, which takes those two precincts. Other than that, I 'd say if you fail to do anything, then the timeliness of it is that nothing will be done. Now, you are making a decision to do nothing. COUNCILMAN MOORE• Well, I think we should get down below the 10 percent . . . My next question, once we get demographic information in 1991, will that prevent us from making any further changes? MAYOR PRO TEM COKINOS: No, I don't think so. I think . . . I would like to get some type of feeling from this City Council whether we should proceed on P1 or not and . . . or not do anything like the City Manager said. So, . . . . . . COUNCILMAN GOODSON: Mayor Pro Tem, I . . I think that we are duty bound to always do the best we can under the Constitution and representing our citizens. And, if that requires us to rely on data that we don't have yet, that's fine; but, I believe that going with P1 would at least show our efforts to try EXCERPT FROM BEAUMONT, TEXAS, CITY COUNCIL WORKSHOP SESSION, HELD NOVEMBER 13, 1990 Page 6 COUNCILMAN GOODSON continued: to work toward equalizing the population criteria that the Justice Department has set. And, true enough, they may come back in and I know there can be varying levels of percentages for error in these statistics but I think it shows in my mind, as long as there's no dilution in Wards III and IV, I believe it shows a good faith effort on the part of the City to work towards resolution of these problems instead of waiting and saying we are waiting on additional information. True enough, it may change slightly, but I don't believe it's going to change materially and I think it will show our efforts to move forward. It doesn't effect my ward as others because of . . . mine is the largest and I have to give population, probably under any circumstance. We've already discussed that on registered voters or otherwise and this was the first area that was logically going to go out of Ward II and I feel that it is a good faith effort. And, if it doesn't adversely effect David or Ward IV then I am for going forward and pitching it to the Justice Department. MAYOR PRO TEM COKINOS: And, it shows good faith as far as this City Council is concerned. Brian? COUNCILMAN ALTER: I agree. MAYOR PRO TEM COKINOS: Okay. David? COUNCILMAN MOORE: I 've already expressed my opinion. MAYOR PRO TEM COKINOS: Okay, Audwin? COUNCILMAN SAMUEL: Yes, I tend to agree with y'all. I think the initial reason that it came forward was an effort to maintain some sense of balance and when you look at 22 percent, that is a large deviation, so, if we can do anything that will bring that more in tune and less than rule of thumb or 10 percent. I think this is a good faith effort that is shown on the part of the Council that we do want to adhere not only to those things that are expressed in our Charter but also those things that are expressed under the Constitution and I think we are not showing any dilution in minority representation or the opportunity to have minority representation. So, I feel that an effort or move on the part of Council would be a good move toward adhering to what is stated in the EXCERPT FROM BEAUMONT, TEXAS, CITY COUNCIL WORKSHOP SESSION, HELD NOVEMBER 13, 1990 Page 7 COUNCILMAN SAMUEL continued: Constitution and what is stated in our Charter in trying to maintain parody and equality throughout the City, so I tend to agree to move forward with Plan P1. MAYOR PRO TEM COKINOS: Well put. Lulu? COUNCILMAN SMITH• I agree. I think we should move forward and I don't believe this is going to change this by one or two percent. MAYOR PRO TEM COKINOS: I don't think so either. COUNCILMAN SMITH• . . . because what we have so far in the Census dovetails within a few hundred what Kirt came up with, so I think we should move on. MAYOR PRO TEM COKINOS: Mr. City Manager, I think it's coming in . . . . . . loud and clear . . . CITY MANAGER: We'll place an ordinance on the agenda at your next meeting for your consideration, formal consideration by Council. MAYOR PRO TEM COKINOS: Thank you very much. We now stand adjourned. END OF EXCERPT.