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HomeMy WebLinkAboutMIN FEB 05 1991 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD FEBRUARY 5, 1991 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 5th day of February, 1991, with the following present: HONORABLE: Evelyn M. Lord Mayor 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 Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by Will Crenshaw, President of the Student Body at Kelly High School. The Pledge of Allegiance was led by Parker Windham, a Regina Howell Elementary School student. Parker attended City Council to garner information for a City Council project paper for school. -000- Four Proclamations were issued: "Literacy Volunteers of America Week, " February 3-9, 1991; "Texas School Guidance and Counseling Week, " February 4-8, 1991; "American History Month, " February, 1991; and Catholic Schools Week, " February 3-9, 1991. (Council was presented a decorated "basket of goodies" by Kelly High School students, Will Crenshaw, President of Student Council, Mark Randolph, Vice-President, Lindsey Harris, Secretary, and Brian Weaver, Parliamentarian, as part of community service recognition for Catholic Schools Week. ) -000- Mayor Lord announced that an Executive Session will be conducted following the Regular Session of City Council in accordance with Section 2 (e) of the Texas Open Meetings Act to discuss pending or contemplated litigation: John J. Dayse v. George Schuldt, et al, and a Closed Session will be held to receive a report from City Attorney Lane Nichols concerning the case Bouillion et al vs. the City of Beaumont. -22- February 5, 1991 Citizen comment was invited on the Consent Agenda and Main Agenda Items 2-6. No one wished to address these items. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held January 29, 1991; and Resolution No. 91-23 authorizing settlement for a bodily injury claim brought against the City by Robert Gilliam as a result of an auto accident involving a City vehicle (driven by Michael Jones) March 2, 1990, in the amount of $4,500.00. The Consent Agenda was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- - Public Hearing was called to consider filing application for two grants totaling $110, 000 from the Local Match for Transit Program administered by the State Department of Highways and Public Transportation. The first application is for $70, 000.00 to finance the local 20 percent share of the cost of an estimated $350, 000. 00 project for reconstruction of a portion of the paved parking area at the transit maintenance facility. The second application is for $40, 000. 00 to finance the local 20 percent share of the estimated $200, 000. 00 project for renovation of the bus washing and water reclamation system. (Excerpt) MAYOR LORD: Now, at this time, we will go into Public Hearing, and I will declare the Public Hearing open. Mr. Riley, do you want to take it from there? MR. RILEY: Yes, Mayor. The, I think today may be transportation day, but one of the first items that we have for consideration is relative to an application for a grant. Currently pending, or authorized, is an application to the Urban Mass Transportation Administration, a federal agency, for funds to provide for the reconstruction of a portion of the paved parking area at our transit maintenance facility. The estimated cost of that project is $350, 000. 00, and 80 percent of that application would be financed through a grant from UMTA. The second part is an application to UMTA for an estimated $200, 000. 00 project, which is the renovation of the bus washing and water reclamation area, again, at the -23- February 5, 1991 Municipal Transit Authority, and we have the 80 percent grant application pending with UMTA. What we have before us today then is a public hearing, which is required, to consider asking the State Department of Highways and Public Transportation for the remaining 20 percent, which would allow us then to proceed with the project. we are asking for the authority from the Council to make the two applications to receive some $70, 000.00 to apply to the transit maintenance facility to reconstruction of the paved parking area and the $40, 000. 00 relative to the bus washing and water reclamation system. And, it is a requirement of the grant that a Public Hearing be conducted prior to our being able to make the application. MAYOR LORD: Now, it's procedure--we haven't done one quite like this before--to ask if anyone wishes to speak to that item. If not, again, is there anyone who wishes to speak to that item? If not, I will close the Public Meeting and ask you to go ahead with Item No. 1. (End of Excerpt) Resolution No. 91-24 authorizing filing of Local Match for Transit applications with the Urban Mass Transportation Administration for $70, 000. 00 to finance the local 20 percent share of the cost of an estimated $350, 000. 00 project for reconstruction of a portion of the paved parking area at the transit maintenance facility and for $40, 000. 00 to cover the local 20 percent share of an estimated $200, 000. 00 project for renovation of the bus washing and water reclamation system was approved on a motion made by Councilman Alter and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Before consideration of Agenda Item No. 2, Councilman Alter announced that he would abstain from action on this item because of family and friends who are currently researching the potential of becoming involved in a business that anticipates passage of this ordinance. Ordinance No. 91-9 amending Chapter 26 of the Code of Ordinances to allow privately-owned benches with advertising on the backs, excluding sexually oriented businesses or products, tobacco products, or alcohol- related businesses or products, to be placed at designated transit stops under permits issued by the City was considered: -24- February 5, 1991 ORDINANCE NO. 91-9 AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADD A NEW SECTION REGARDING OCCUPANCY OF THE PUBLIC RIGHT-OF-WAY BY PRIVATELY OWNED BUS BENCHES. Mayor Pro Tem. Cokinos questioned exclusive permitting and conflict of interest. Other queries included scale drawing requirements, inspection of sites, prohibitions, and political advertisements. Mr. Riley pointed out a typographical error in Section 2.4 in the second sentence. It should read, "There shall be a $25/year renewal fee for each location. " Ordinance No. 91-9 was approved on a motion made by Councilman Goodson, with a request that the City Manager consider a change in the regulations in Section 3 .4 to include prohibition against political advertisements, and seconded by Councilman Samuel. Question: Ayes: Mayor Lord Nayes: None Mayor Pro Tem Cokinos Councilman Smith Councilman Goodson Councilman Samuel Councilman Moore Abstained: Councilman Alter -000- Resolution No. 91-25 authorizing a contract in the amount of $43,775. 00 with Allied Equipment Company for furnishing and installing an automated fuel management system at Street Department Headquarters, 2610 Concord Road, and the Fleet Service Center, 4955 Lafin Road, (Sumney Pump Services, Inc. unable to fulfill contract authorized by R-90-248) was approved on a motion made by Councilman Alter and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 91-26 accepting the work performed for excavation and removal of underground fuel storage tanks at 2610 Concord Road by Allied Equipment Service for a completed cost of $37,864.42 (leakage and contamination in two fuel island required additional excavation and disposal of contaminated soil increasing the contract amount by $7, 074 .42) and authorizing final payment in the amount of $7, 074.42 was approved on a motion made Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -25- February 5, 1991 Resolution No. 91-27 authorizing a License Agreement with Southern Pacific Transportation Company for relocation of an eight-inch water line under their tracks on College Street between Amarillo and Avenue G (David Brown Survey) in connection with construction of College Street improvements between Goliad and Main was approved on a motion made by Councilman Moore and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 91-28 authorizing purchase of a drainage easement for the Meentzen Drainage Project described as Parcel No. 8: 0.27 acre tract of land consisting of half of the Meentzen Street right-of-way adjacent to Lot 139 of the Meentzen Brothers Subdivision, from Mrs. Betty Rae Copeland Phillips, Mrs. Patricia Marlee Johnson Thames, Mrs. Virginia Mae Rothwell Birdwell, M. W. McClendon and First Security of Bank of Beaumont for the appraised price of $2,770. 00 was approved on a motion made by Councilman Smith and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- Mrs. Jessie Cooper, 446 Georgetown, addressed Council again regarding a grass roots project report giving taxing entities the opportunity to borrow money directly from the United States Treasury Department without interest. Mrs. Cooper said the project was not presented to the Texas Municipal League in Houston because a piece of information was missing. -000- There being no other business, the Regular Session of City Council was adjourned to reconvene at 2 : 30 p.m. in the Third Floor Conference Room for Executive Session and then into a Closed Session to receive a report. -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 February 5, 1991. Rosemarie Chiappetta City Clerk -26- February 5, 1991 PUBLIC HEARING LOCAL MATCH FOR TRANSIT APPLICATIONS BEAUMONT CITY COUNCIL CHAMBERS FEBRUARY 5, 1991 THOSE PRESENT: Evelyn M. Lord Mayor 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 Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk A Public Hearing was called to consider filing application for two grants totaling $110, 000 from the Local Match for Transit Program administered by the State Department of Highways and Public Transportation. The first application is for $70,000.00 to finance the local 20 percent share of the cost of an estimated $350, 000. 00 project for reconstruction of a portion of the paved parking area at the transit maintenance facility. The second application is for $40, 000. 00 to finance the local 20 percent share of the estimated $200, 000. 00 project for renovation of the bus washing and water reclamation system. (Excerpt) MAYOR LORD: Now, at this time, we will go into Public Hearing, and I will declare the Public Hearing open. Mr. Riley, do you want to take it from there? MR. RILEY: Yes, Mayor. The, I think today may be transportation day, but one of the first items that we have for consideration is relative to an application for a grant. Currently pending, or authorized, is an application to the Urban Mass Transportation Administration, a federal agency, for funds to provide for the reconstruction of a portion of the paved parking area at our transit maintenance facility. The estimated cost of that project is $350, 000. 00, and 80 percent of that application would be financed through a grant from UMTA. The second part is an application to UMTA for an estimated $200, 000. 00 project, which is the renovation of the bus washing and water reclamation area, again, at the Municipal Transit Authority, and we have the 80 percent grant application pending with UMTA. What we have before us today then is a public hearing, which is required, to consider asking the State Department of Highways and Public Transportation for the remaining 20 percent, which would allow us then to proceed with the project. We are asking for the authority from the Council to make the two applications to receive some $70, 000. 00 to apply to the transit maintenance facility to reconstruction of the paved parking area and the $40, 000.00 relative to the bus washing and water reclamation system. And, it is a requirement of the grant that a Public Hearing be conducted prior to our being able to make the application. MAYOR LORD: Now, it's procedure--we haven't done one quite like this before--to ask if anyone wishes to speak to that item. If not, again, is there anyone who wishes to speak to that item? If not, I will close the Public Meeting and ask you to go ahead with Item No. 1. (End of Excerpt) Resolution No. 91-24 authorizing filing of Local Match for Transit applications with the Urban Mass Transportation Administration for $70, 000. 00 to finance the local 20 percent share of the cost of an estimated $350, 000.00 project for reconstruction of a portion of the paved parking area at the transit maintenance facility and for $40, 000. 00 to cover the local 20 percent share of an estimated $200, 000. 00 project for renovation of the bus washing and water reclamation system was approved on a motion made by Councilman Alter and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- I, Rosemarie Chiappetta, City Clerk of the City of Beaumont, Texas, certify that the above is a true copy of the Local Match for Transit Applications Public Hearing conducted February 5, 1991. Rosemarie Chiappetta City Clerk -2- February 5, 1991 EXCERPT, AGENDA ITEM NO. 2, 2/5/91, REQUESTED BY MAYOR PRO TEM CORINOS MAYOR LORD I think before we go on with Item No. 2, Councilman Alter, I believe you had something that you wanted to say on Item No. 2 and then we'll move into that. COUNCILMAN ALTER Right, I 'm going to abstain from any voter or discussion on Item 2 because I have family and friends that are currently researching the potential of getting involved in a business that anticipates this ordinance. So, I am not going to participate. MAYOR LORD All right, thank you, Councilman Alter. Mr. Riley, please. CITY MANAGER Item 2 is an ordinance entitled: AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADD A NEW SECTION REGARDING OCCUPANCY OF THE PUBLIC RIGHTS-OF-WAY BY PRIVATELY OWNED BUS BENCHES. This ordinance has been reviewed by the Transit Advisory Committee and staff of Transportation Department now for some six or eight months. At the request of persons who are interested about having privately- owned advertising benches are-presently, our Code would prohibit or does not allow for that. It is in many communities, and it does provide some source of additional benches which would be an augment the current system that we have throughout the city. So, partly consideration then was to amend the Code of Ordinances which would permit under regulated circumstances the installation or construction of bus benches which would be done in order to provide the benches to, as an accessory use for the Transportation System, but only on bus routes, and in order for people to be able to use them as a convenience and a service for public transportation. The, by allowing advertising on the bus benches, they would allow to, in affect, to pay for themselves and to have some type of profitability through the private operation of the system. We had researched the possibilities and how we might be able to do it under regulated circumstances, and the matter has been reviewed by the Transit Advisory Committee, and we have provided to the Council then the regulations which would accompany the ordinance. If the ordinance were adopted, it provides that we would permit the occupancy of the right-of-way outside the roadway for the placement of the privately-owned bus benches, but it would be done under the terms of regulations which would be adopted provide for its enforcement, and, you can see in the regulations that it provides then that we would have a five-year permit, and that there would be a non refundable permit fee of $50 for each location. It would be done by application process through the office of the Traffic Engineer. In the event that we had multiple applications, we would do random drawing to determine which organization or which corporation would receive the permits. There would be a $25 annual renewal fee, and then the bus bench installation would have to be done in accordance with inspections so that it would be done at places within the city that would not, in affect, provide a nuisance. For example, it would not be located in residential areas or in public parks. We would also prohibit the type of advertising which might have either some type of sexually explicit material, alcohol, tobacco products. These regulations may be modified as we move, you know, through the operation, if the Council were to approve the ordinance to organize it, and any changes in the regulations we would anticipate would be cleared through the Transit Advisory authority. They did consider this, I believe, at two separate meetings. There were some modifications to--and recommendations to strengthen the manner of regulation, but essentially, they did review the ordinance and determined that it would be in the public interest, the transportation system, and recommended its adoption to the Council. MAYOR LORD Are there any questions? MAYOR PRO TEM COKINOS I have a question. Has the permit holder already been determined? CITY MANAGER No, it has not. MAYOR PRO TEM COKINOS Will this go out for bids? CITY MANAGER Yes. That's--in the regulations, Councilman, if you' ll notice, what I just said, back over on the part that has to do with the letters' proposals, if more than one proposal during the opening period of some 60 days after the ordinance is approved, then we will accept applications, and if there are more than one application for any location, then it will be determined by random drawing who, who would be able to have the permit for that specific location. MAYOR PRO TEM COKINOS And the permit holder hasn't been determined as of now. -2- CITY MANAGER No, sir, it has not. MAYOR PRO TEM COKINOS Is that right, Mr. Warner? TOM WARNER Yes, sir. MAYOR LORD There's no ordinance now. CITY MANAGER No, there is no ordinance. MAYOR PRO TEM COKINOS No, no you're not following me. I saying this for a reason. MAYOR LORD Does anybody have questions? Have you finished, Mayor Pro Tem? MAYOR PRO TEM COKINOS It hasn't been determined? CITY MANAGER Councilman, there is no, there is not an exclusive permitting. It is open to any individual who would want to secure a permit. MAYOR PRO TEM COKINOS Now does this, does this mean that each, there' ll be one person to, going to be determined to have the permit holder and not, it won't be several permit holders. CITY MANAGER There may be multiple permit holders depending on the location. For example, if it were determined that there would be four or five corporations that would want to participate and then would file for the particular locations. We may have as many as 250 or 300 locations where these could be installed. If there are multiple, then there will be a drawing. And, if there are four, five, or six applicants, then -3- all of their names will be put in the hat for each location, and it will be drawn, and it could--you would have then--we wouldn't suggest that we'd have a ping-pong ball type lottery, but in effect, it would be a random selection which would give any corporation then an equal access. I say organization, it doesn't have to be a corporation, to make the installation at any one of these spots. Also, I would imagine that there is some question about the feasibility as to how profitable this kind of an operation would be. I, the point is that it is not an exclusive franchise, but that certainly by opening it up to the public, we would expect to get as good a competition, you know, as we could hope for under the circumstances. MAYOR PRO TEM COKINOS Now the permit holder, will they, as you said, they will be able to bid on it or apply for it? CITY MANAGER Yes. MAYOR PRO TEM COKINOS Okay. This won't be a sole project, will it, will it not? CITY MANAGER No. MAYOR LORD It will be open to anyone who wishes to. . . CITY MANAGER I don't know how I can say it any differently that what I already have, that it is open for 60 days. I refer you to Section 2 . 4 . That. . . MAYOR LORD Now, there' s no way of knowing at this stage of the game how many people would apply for a permit. CITY MANAGER No, 2 . 3, "Application for bus bench permits shall be submitted in writing and shall consist of the following. " There are five parts in there. Later on it says that--I can't see, where is the part about the random drawing? -4- COUNCILMAN SMITH Right at the bottom of this page. CITY MANAGER 2 .4? INDISTINGUISHABILITY 2 .2 . CITY MANAGER Permits once issued will expire--2 .2? TOM WARNER Yes, sir. CITY MANAGER Okay a list of the bus stop locations which are eligible for bus benches and the maximum number of benches installed, etc. , but there in the second paragraph--should more than one application be received for a bus bench location, the bus bench permit shall be awarded by random drawing. COUNCILMAN SMITH And then on four, it also addresses that other locations, proposals could be accepted. . . (indiscernible) MAYOR LORD I 'm sorry, Lu, could you say that a little bit louder so that I could hear it? COUNCILMAN SMITH On 2.4, the bottom part, it says "Other proposals may be accepted at any time for locations that have not been permitted. " MAYOR LORD All right, in other words, we're talking about, you say, approximately 200 plus locations, right? So, somebody might bid for some in Zone A and others might do it Zone B. I 'm just saying zone by, for sake of clarification, and they might not be after the same ones. Then no drawing would be necessary because they would be applying for different -5- one. Correct? This is when they are applying for the same specific location, there'd be a drawing. Councilman Goodson. COUNCILMAN GOODSON Mayor, I have a question about interpretation. Mine revolves around 3 . 1 on the scale drawing. It would be submitted prior to the installation. Just a comment to see if the staff has some objections to a proposed amendment I might make--is, since 2 .2 already specifies that the offices of Traffic Engineer will determine locations for the initial group of permits that might be received, and since 3 . 3 already designates along with 3 .2 quite a number of restrictions that I feel very comfortable with would provide us the protection needed. It would seem that the only time that the language for a scale drawing might be appropriate is as mentioned by Councilman Smith in 2.4 when there may be an additional proposal, it might be received for a location that for some reason, I can't imagine it, but when the Traffic Engineer may not have designated one or they may change it, that time that that particular requirement of the scale drawing might be necessary. So, I would like to amend the regulation which I know we haven't even read the caption of the ordinance yet, but as an amendment, I would like to just bring up for consideration in 3 . 1 changing the initial sentence to read, is that, something to the affect that prior to an application being made for a location that has not previously been designated by the office of the Traffic Engineer that that site plan would be required. I feel like you've go a number of comforting elements, Tom, if, does that give you something strong? TOM WARNER Yes, sir, it does. The reason that we were requesting the scale drawing is that we were going to identify the locations. However, we did not feel that staff should go out there and do a scale drawing and prepare where the bench may go. There are going to be a lot of things that we were not going to research, like existing utilities, whether they be underground, overhead, things that might conflict with the bus stop location or the bus bench location. We were going to require the applicant to provide us that information. We might go out and say, Stop A is okay, a bench can be located there, but you're going to have to give us the specifics. COUNCILMAN GOODSON What percentage of our current locations don't have benches? At all. TOM WARNER Probably, somewhere 60, 70%. COUNCILMAN GOODSON Don't have them? -6- TOM WARNER Don't have them. COUNCILMAN GOODSON So, you need them. You need the site plan now. We're going to be fairly specific in the set-back and whatever. Can we help do something? I don't think we're anticipating having them go and get an architect or, or an engineer to draw this up necessarily. We want some sort of a site plan. Is there some way that we could assist, just try to keep the cost from being prohibitive for either the City or for customers, to do some sort of a diagram that would let them know so they would be able to more easily identify whether it would be a successful location. I 'm talking about like set-backs and whatever. Just a generic type of diagram or something. Or, we are going to give them something, I guess, some criteria to draft his site plan off of, are we not? TOM WARNER Probably, at looking at it, it's--we're looking at scale drawing as basically as we're wanting dimensions. Anything that would show dimensions that would be relevant is what we're looking for. We call it a scale drawing. Someone could put a bench in and show that it's eight feet and not be to scale, but just give us a dimension that indicates how far it is from the roadway. COUNCILMAN GOODSON I think some of the concern I heard was that there. . .some sort of required major expenditure by people requesting the opportunity to make a bid for a permit or put in a request for a permit is that that would, you know, could be very costly to do that sort of a site plan. You're not talking about them being required to go to an engineer or architect, necessarily, to do this. You, you're essentially concerned that they certify that there aren't any utilities in the way and that they meet these set-backs and height requirements. TOM WARNER Right, and they give us dimensions and things like that, distance from pavements. It's very similar to what we do for someone that comes in for parking lot layout for a business. They're required to provide us all the dimensions. Typically, it is not done by an engineer. It's done by the applicant and just sketched out giving pertinent dimensions. COUNCILMAN GOODSON Thank you, Mayor. I was just concerned that we would make this thing too costly. -7- MAYOR LORD Well, I was curious about the same sections, and maybe you can clarify. Why would they have to tell you--I can understand about the fire hydrants and the signs, why would they have to include on this the catch basins? TOM WARNER One thing is that if there is, potentially, it could be a problem at the location is litter. It's also a hazard, potential hazard, for someone that would be walking near the bench. People have been known to drop stuff and it go down into the catch basin and things like that. So, we're just trying to avoid some pitfalls before they actually come in to apply. MAYOR LORD And was there some place in here where you inspect? This was rather lengthy. TOM WARNER There is not a section specifically regarding inspection. However, drivers going by the stop everyday will be able to report any problems that might be associated with a location. Whether it be litter, bench location, whatever. MAYOR LORD And I see the bench maintainer has to keep the litter picked up. TOM WARNER Yes. MAYOR LORD Are there any other questions? MAYOR PRO TEM COKINOS Has this been announced? How many response or applicants have you gotten? TOM WARNER We haven't accepted any because we haven't MAYOR PRO TEM COKINOS I mean, how many applicants have showed that they're interested in it? -8- TOM WARNER We haven't received any responses. MAYOR PRO TEM COKINOS Well, then why is a MAYOR LORD You don't become an applicant, do you, until there is something to apply for? MAYOR PRO TEM COKINOS Why did Councilman Alter not going to vote on this? Is he part, is he interested in this? COUNCILMAN ALTER Councilman, I 've already announced that I have family and friends that are interested in researching the potential of getting involved in this business, and that poses a potential conflict of interest, and that's why I 'm not voting on it or participating in the discussion. MAYOR PRO TEM COKINOS Well, are you involved in it? COUNCILMAN ALTER No, but my wife may be, and I am not participating if she chooses to get involved. She has a close friend in Denver and another in Great Falls, which is her hometown, who are both involved in that kind of business. And, I am not participating in any way form or fashion as a result of that. MAYOR PRO TEM COKINOS Well, isn't this dangerous? MAYOR LORD I think Councilman Alter has stated his preference he doesn't care to engage in the discussion, and I 'm assuming that that would be engaging in discussion. MAYOR PRO TEM COKINOS Of course, this has been discussed at a Transit meeting, and I voiced my, my opinion that I feel that there's a conflict of interest involved in this, and I certainly don't like it. -9- COUNCILMAN SAMUEL Conflict of interest, where? MAYOR PRO TEM COKINOS Over here. MAYOR LORD Okay. Is there any other question anybody would like to ask on this matter? MAYOR PRO TEM COKINOS Will there be political signs on these benches? TOM WARNER The only thing that we have, excuse me, the only thing that we have prohibited are sexually oriented, tobacco, or alcohol. We have not addressed political advertisement. MAYOR LORD I think I would probably like to ask a question of our City Attorney at this stage of the game in order to make things move along correctly. City Attorney, is there any conflict--we have several laws that you can see here--from a Councilman whose wife or family member might wish to engage in a business? I don't know of any off the top of my head, but I would ask you that question. CITY ATTORNEY LANE NICHOLS The only provision that I 'm aware of other than the State statutes on nepotism and things like that, is a Charter provision that indicates that a councilman can't have any direct, or indirect, interest in a business dealing, a contract with the City. And, typically, in a situation where there's a payment to the City as opposed to a payment from the City, you don't have a conflict. MAYOR LORD Thank you very much. COUNCILMAN GOODSON Also, Mayor, we might ask Lane, but on the political sign, that would be probably considered a political sign which I 'm not sure you can put on City property, may be able to put on City properties. Anyway, if there's any question, I certainly wouldn't mind -10 MAYOR LORD We can write that into the COUNCILMAN GOODSON to exclude political advertising as well. I don't seem to think for the short duration of time that most of those last, hopefully, that they would be appropriate for that anyway. MAYOR LORD Councilman Smith. COUNCILMAN SMITH On the positive side of this. A lot of organizations have used, have bought space on these benches to do some public service advertising. There's some real neat poster-like things they've put on to encourage young people not to smoke and there's some, and drugs and these can have a very positive impact. And, I think that might be, or they might donate one of those. MAYOR LORD Are there any other statements or questions? MAYOR PRO TEM COKINOS What is your decision? CITY ATTORNEY What' s my decision on what, Councilman? MAYOR PRO TEM COKINOS On conflict of interest. CITY ATTORNEY Why, certainly, we haven't done anything yet. There's always a potential of conflict of interest in the future. If the Council enacts this ordinance, then you have to look at the applicants and their relationship to the City Council members, but the way this is structured, it's a payment to the City as opposed to the City payment making a payment to a Council member which would be prohibited, or their family. There doesn't appear to be any problem with it. -11- MAYOR LORD In other words, the money is coming in rather than going out. COUNCILMAN MOORE And, it also states somewhere in there, and I 'm not sure exactly the numbers are, but whatever the business is, it has to be a certain percentage of your gross income for the entire year, and I don't this would have any affect upon that because, I think, it talks to something to the extent of 51% of whatever your gross income is cannot come from that--from doing business with the City. So, again, it's like paying to the City--or accepting payment from the City as opposed to paying to, so. CITY ATTORNEY Yes, the other side of the problem. MAYOR LORD Councilman Samuel. COUNCILMAN SAMUEL Yes, could you direct me to the section that talks about what's prohibited on these advertisements. I need to read that agreement. TOM WARNER 3 .4 . COUNCILMAN SAMUEL 3 .4. MAYOR LORD Page 6, did you find it? Right down to the bottom. COUNCILMAN SAMUEL I just wanted to look at the language when it talked about advertisements as far as tobacco products. I wanted to be sure that there would be no problem, say if an organization wanted to put something anti-smoking or something like that. That's all. -12- MAYOR LORD I would say that they could put anti-smoking things on there, the way its reading. . . COUNCILMAN SAMUEL Well, it states products, so I 'm assuming that's a particular brand or label. MAYOR LORD Right. COUNCILMAN SAMUEL As opposed to something that dealt with smoking period. I just wanted to make sure. CITY MANAGER In 2 .4 there is a typographical error which I 'll point out to the Council. In the second sentence it said, "There shall be a $25/year per location fee for each location. " That ought to read $25 per year renewal fee for each location. MAYOR LORD Twenty-five dollar per CITY MANAGER Just cross out the word per location and write in renewal. MAYOR LORD Right. CITY MANAGER Meaning that initially there' ll be a $50 fee in any subsequent year when it is renewable, there'll be an additional $25 fee. MAYOR LORD Are there any other questions? CITY CLERK ROSEMARIE CHIAPPETTA I have one. Mr. Goodson, was that a motion to amend? -13- COUNCILMAN GOODSON I was just going to say that I don't know that the political advertising is a problem under our existing ordinances, but if it doesn't hurt, I would, I would move to accept the ordinance as presented with an addition to 3 .4 that it include prohibition against political advertising. CITY ATTORNEY Let me say that really the way this is structured, it authorizes the manager to draft and promulgate regulations and enforce them. So, really, what, what you're doing is recommending or suggesting to the manager, not really amending the action that's on--for action item today. MAYOR LORD At the same time, I think, if we care to do that, we certainly could. CITY ATTORNEY Yes. I just want it to be structured a little differently. COUNCILMAN GOODSON For the City Clerk, I 'd restate, I 'd like to approve the motion and then as that the Manager consider a change in the regulations to include political advertisements. MAYOR LORD What an amenable lot! COUNCILMAN SAMUEL Second! MAYOR LORD It has been moved and seconded. Is there further discussion? Your pencil was up. CITY ATTORNEY Was the caption read? MAYOR PRO TEM COKINOS No. -14- MAYOR LORD No? TOM WARNER The caption needs to be read. (Affirmative nod from the City Clerk that the caption was read. ) MAYOR LORD It has been moved and seconded. Again, I 'll ask, is there any further discussion? If not, I will call, yes? COUNCILMAN GOODSON The caption was read. TOM WARNER The caption's been read. COUNCILMAN SAMUEL The caption was read. CITY CLERK The caption was read. COUNCILMAN SAMUEL The caption was read. CITY ATTORNEY My fault. . . MAYOR LORD There's no further discussion? All those in favor, please say aye, opposed, no. The ayes have it, and the motion is carried. CITY MANAGER And the regulations will be duly changed to show the prohibition against political advertising. MAYOR LORD Now, that really something for a bunch of politicians. Would you please continue, Mr. Manager, with Item No. 3 . END OF EXCERPT -15-