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HomeMy WebLinkAboutMIN AUG 22 1995 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD AUGUST 22, 1995 - 1 :30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 22nd day of August, 1995, with the following present: HONORABLE: Becky Ames Mayor Pro Tem Councilman-At Large Andrew P. Cokinos Councilman-At-Large Lulu L. Smith* Councilman, Ward I Guy N. Goodson Councilman, Ward II John K. Davis Councilman, Ward III Bobbie Patterson Councilman, Ward IV Absent: David W. Moore Mayor Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk *(Councilman Smith arrived at 1:34 p.m. during presentation of Main Agenda Item No. 1.) -000- The Invocation was given by the Reverend Herbert Roloff, First United Methodist Church. The Pledge of Allegiance was led by Mayor Pro Tem Ames. -000- Mayor Pro Tem Ames announced that an executive session will be conducted following the workshop session in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: specifically, matters related to the collection of franchise fees. -000- Citizen comment was invited on the Consent and Main Agenda Items 1 through 5. 214 August 22, 1995 r t Mr. Robert Lynn DeMary, 430 East Elgie, addressed Council in support of curbside recycling being operated by City personnel and the purchase of vehicles for the program on Agenda Item No. 1. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held August 8 and 15, 1995; Resolution No. 95-203 appointing Jon Curless to the Keep Beaumont Beautiful Commission, Michael J. Verde to the Martin Luther King, Jr. Parkway Commission, Joyce Verde to the Sister City Commission for terms expiring August 21, 1997; and appointing Greg Thompson to fill the unexpired term of Milton Shuffield on the Civil Service Commission ending January 31, 1997; Resolution No. 95-204 authorizing payment of $39,720.50 for the annual software support agreement with A. L. Roark & Associates for the Computer Aided Dispatch and Records Management system used by the Fire and Police Departments; Resolution No. 95-205 authorizing acquisition of Parcel 37: 0.227 acres out of Lot 6, Block 7, Wescalder Fig Acres Addition from Mr. and Mrs. Seldon C. Vaughn for the appraised value of $24,024.00 and Parcel 38: 0.434 acres out of Lot 5, Block 7, Wescalder Fig Acres Addition for Mr. and Mrs. Seldon C. Vaughn for the appraised value less improvements retained in the amount of $6,205.00, for improvements to FM 364/Major.Drive from Highway 105 to State Highway 124; and Resolution No. 95-206 authorizing settlement of the lawsuit of Joseph Griffin, Sr., et al v. City of Beaumont in the amount of$230,000.00. The Consent Agenda was approved on a motion made Councilman Cokinos and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- (Councilman Smith arrived during presentation of Agenda Item No. 1.) Resolution No. 95-207 authorizing purchase of four (4) 1996 Navistar International low profile, diesel powered cab and chassis trucks equipped with an aluminum compartmentalized body designed for use in curbside recycling with a mid-December delivery date from Olympic Truck Sales of Houston in the amount of$82,106.14 each for a total purchase price of$328,424.56 was 215 August 22, 1995 considered. Council querries included number of additional employees required for City operation of the recycling program, extension of the contract with BFI until delivery of the trucks, expansion of the recycling program and revenues for sale of newsprint. The City Manager stated that seven (7) additonal employees would be hired for the operation, BFI is agreeable to an extension of their contract for recycling pickup until the City's program is in place, no decision has been made to add recyclables to the program, but these trucks have that flexibility, if it should be beneficial, and confirmed there is an increase for sale of newsprint. Resolution No. 95-207 was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 95-208 setting a public hearing to consider the proposed tax rate increase of $.035 per $100 taxable value (7.18% over the effective rate or 5.69% over last year's actual tax rate) at 1:30 p.m. on September 5, 1995, in the City Council Chambers was presented. Notice of Public Hearing on Tax Increase with recorded Council vote will be published as required by law. Councilman Cokinos stated that he would cast a naye vote on this item, said he thinks the City would "tighten its belt," and no increase in taxes would be necessary and suggested beginning with dismissal of the paid lobbyist in Washington, D.C. at $60,000 per year, said the vacancy of an Assistant City Manager with an annual salary of $75,000 does not need to be filled and Council could selectively reduce travel expenses to seminars and meetings outside the city. He said the first two considerations would total $125,000 per year. Councilman Smith questioned the amount of revenue generated by a one-cent tax increase, and the City Manager said that one-cent represents $340,000 and explained that this resolution does not represent a vote for a tax increase, but schedules a public hearing. Resolution No. 95-208 was approved on a motion made by Councilman Davis and seconded by Councilman Goodson. Question: Ayes: Mayor Pro Tem Ames Nayes: Councilman Councilman Smith Cokinos Councilman Goodson Councilman Davis Councilman Patterson 216 August 22, 1995 Resolution No. 95-209 authorizing acquisition of a 11,034 square foot (40 foot wide) Permanent Drainage Easement and a 2,753 square foot (10 foot wide) Temporary Construction Easement out of the H. Williams Survey (4255 Laurel Avenue) from Michael A. Phelan and Patrick H. Phelan, Trustees for the appraised value of$46,200 for the West Lucas Drive project, and Resolution No. 95-210 authorizing acceptance of a donation of a twenty foot (20') Drainage and Utility Easement out of Lots 13 and 14, Block 31, Calder Highlands Addition (2790 West Lucas Drive) for the West Lucas Drive Project from Mr. and Mrs. Monty L. Lipp in exchange for abandonment of an existing twenty foot(20) easement across Lots 13 and 14, Block 31, Calder Highlands Addition, beginning at a point in the west line of Lot 14, three (3) feet north of the southwest courner of Lot 14 or the northwest corner of Lot 13; thence along a line parallel with and three (3)feet north of the south line of Lot 14 or the north line of Lot 13, two hundred twenty-three and thirty-three hundredths (223.33) feet, more or less, to the east line of said Lot 14, were approved on a motion made by Councilman Smith and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Resolution No. 95-211 authorizing execution of a contract with the Texas Department of Transportation to receive$246,063.00 in grant assistance from the State Public Transportation Fund (PTF) to help pay up to 50% of the City's share of FY 1996 operating expenses for the Beaumont Municipal Transit System was approved on a motion made by Councilman Cokinos and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Resolution No. 95-212 authorizing execution of an Industrial District Contract with Trinity Industries for the period 1995 through 2001 with provision for openers in the fifth year, first payment 80% of assumed city taxes due (ACTD) $97,205, 2nd payment 80% of ACTD, 3rd payment 80% of ACTD (cap/floor of 10%), 4-7 payments 75% of ACTD (cap/floor of 7%), first payment due on or before Septembor 30, 1995 and subsequent payment on or before February 1 st was approved on a motion made by Councilman Davis and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- A public hearing was called to consider the below listed dilapidated structure found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article 111, Section 14-50: 1105 Broadway (commercial--former Saint Therese Hospital) -Alvard D. Aquirre, owner (19 violations), 217 August 22, 1995 Staff recommendation to raze within 30 days. There being no one to address Council, the public hearing was closed. Ordinance No. 95-48 declaring a certain dilapidated structure to be a public nuisance and authorizing removal of the structure whose owner failed to comply with condemnation orders was considered: ORDINANCE NO. 95-48 ENTITLED AN ORDINANCE FINDING A STRUCTURE TO BE A PUBLIC NUISANCE AND ORDERING ITS DEMOLITION AND REMOVAL; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY. Ordinance No. 95-48 was approved on a motion made by Councilman Cokinos and seconded by Councilman Davis. -000- Councilman Davis told fellow Councilmembers that he wanted his point of view to be understood by them regarding the arrests of the young adults at the Shamrock Service Station on Fourth Street several days ago. To clarify his position, he said he strongly supports the Police Department, but does not like blanket approvals of anything. He said blanket approval of the entire Police Department over all issues is not wise, but each issue should be addressed. He said he does not believe the arrest issue should be a racially motivated issue either with the people involved or the sargeant who made the arrest call. He said a lot of misinformation goes out, and he would like the media to be careful with their coverage. He said he has nine neighborhood associations that he has worked with to become a part of the Community Oriented Policing program and has a strong feeling for the Police Department in this area. For the record, Councilman Davis said he feels this situation is unfair because no warning was given; he said even a short warning would have been appropiate and one he could have supported, but feels it is wrong for arrests to have been made without initial warnings. Also, he said the Police Chief did not make the decision regarding the manner of these arrests, nor with the approval of a Lieutenant or Captain. He agreed that loitering on someone else property is cause for arrest, but the issue is how much warning and qualification is warranted before conducting a mass arrest. Councilman Davis he feels it is safe to assume that out of these arrests some were loitering and some will probably be vindicated of loiting and the charges dismissed. He said we need to be very cognitive about blanket accusal of those in (Police) departments, some individuals are wrong, and said a decision to make a mass arrest of 32 individuals was an incorrect decision. He said is not micromanaging anyone's job, but his job is insure that the City is run correctly, to the best of his ability. 218 August 22, 1995 Mrs. Jane Hebert, 295 Parkway Drive, addressed Council about a production by Kysa Anderson of Channel 12 regarding Citizens on Patrol in Beaumont and Port Arthur. She said that Mr. Abdul Muhammad and Officer Otis Gillan represented Port Arthur and she was very impressed with their accomplishments. In addition to cleaning roadways and streets, she said they have 500 houses that have been declared dangerous structures and ordered demolished, and they have used inmate labor to tear down 34 of these houses. She questioned if Beaumont could utilize this manpower. Council informed Mrs. Hebert of the present use of Jefferson County Correctional Facility's inmate manpower in projects, and the City Manager reported that future use of inmate labor for demoliton projects is expec'Led. Mr. Robert Lynn DeMary, 430 East Elgie, commended City Council and Jefferson County for the new parking lot at the mail center and the one in the planning stages, commended Richard Chappell and Staff for the demolition of the American Rice Company structure on Fourth Street, ask for assistance regarding Gulf States' proposal to cut off electricity on a rotation basis during the afternoon hours because of the adverse effects it might have on computer systems and air conditioning needs of the elderly, and expressed his opinion that we have been paying for their nuclear power plant on our rate base and that Entergy is unfairly using this situation to alleviate problems in other areas of their service area. Mr. Buddy Hebert, 295 North Parkway Drive, addressed Council to complain about the County Commissioner's raising the license fee for county and bridge repair from $5.00 to $10.00 and asked that Council take a stand on the increase. Mr. Erik Tolpo, 2690 West Lucas, addressed Council to express concern about acquisition of the drainage easement on Agenda Item 3 from Mr. and Mrs. Monty L. Lipp and potential flooding problems that might be created for his home located adjacent to Mr. and Mrs. Lipp. Mayor Pro Tem Ames suggested that Mr. Tolpo visit with Public Works Director Tom Warner to review the project. -000- There being no other business, the regular session of City Council was recessed to reconvene in workshop session. -000- 1, 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 August 22, 1995. Rosemarie Chiappetta City Clerk 219 August 22, 1995