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HomeMy WebLinkAboutMIN DEC 19 1995 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD DECEMBER 19, 1995 - 1 :30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 19th day of December, 1995, with the following present: HONORABLE: David W. Moore Mayor Becky Ames Mayor Pro Tern Councilman-At Large Andrew P. Cokinos Councilman-At-Large Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward 11 John K. Davis Councilman, Ward III Bobbie Patterson Councilman, Ward IV Maurine Gray Acting City Manager Lane Nichols City Attorney Rosemarie Smith City Clerk -000- The Invocation was given by the Reverend Nathaniel H. McGinnis, pastor of St. James United Methodist Church. The Pledge of Allegiance was led by Mr. Jack Pieper, Radio KLVI News Director. -000- Public Comment was invited on items contained in both the Consent Agenda and Main Agenda. Mr. Harmon Fine, Boren Safety, Inc., of Houston, Texas, addressed City Council to express his concerns of whether the low bidder had complied with products specifications and terms of the bid package for the purchase of protective clothing/bunker gear. -000- The following items of the Consent Agenda were considered: 332 December 19, 1995 Minutes of the regular City Council meeting held December 12, 1995; Resolution No. 95-331 appointing Gina Core and Kathleen Jackson to the Keep Beaumont Beautiful Commission, terms expiring December 18, 1997; Ava Sprott to the Beaumont Advisory Commission for Prevention of Child Abuse and Neglect, term expiring December 18, 1997; Raymond Ambres to the Community Development Advisory Committee, term expiring December 18, 1997; and reappointing Linda Clark to the Beaumont Advisory Commission for Prevention of Child Abuse and Neglect, term expiring July 26, 1997; Resolution No. 95-332 authorizing Change Order No. 1 in the amount of $1,250.00 to the contract with A-Way Tank Service, Inc., to adjust the contract amount to install a new steel roof vent neck on the Northwest Elevated Water Tank not included in the original contract . For the repainting of the 1,500,000 gallon Elevated Storage Tank located in North Beaumont, South of East Lucas Street (total revised contract to $70,180.00) and authorizing final payment in the amount of$32,199.00; Resolution No. 95-333 authorizing the acquisition of Parcel 188, Lots 1 and 2, Block 3, Flowers Addition at the appraised value of $4,000 from Jackson Broocks Osborne, Jr., Allen Wilson Osborne, Yvonne L. Osborne, Eugenia Seale Meyers and William Seale, Jr. to be used for the Charlton Pollard Neighborhood Revitalization Project; Resolution No. 95-334 authorizing renewal of the lease agreement with the Neches Valley Producers Association for the 2.72 acre site known as Farmers Market, 2095 St. Helena Street, for a term of five (5) years at a nominal Five Dollar ($5.00) rental payment; Resolution No. 95-335 accepting donation of a tract of land described as part of Lots 11, 12, 13, 16 and 17 and all of Lots 14 and 15, Block 2, O'Brien Addition, property bounded by Martin Luther King, Jr., Parkway, Franklin Street, Johns Street and Blanchette Street, from Mr. E. M. Stewart, subject to being furnished clear title to the property; and Resolution No. 95-336 approving Change Order No. 2 in the amount of $19,896.00 to the contract with Excavators and Constructors, Inc. for the construction of the Liberty/Laurel Phase II Project to construct surface inlets (to collect storm water run-off from low areas) beyond the edge of pavement on Laurel between 9th and 10th Streets and on the west side of First Street between Liberty and Laurel (new contract amount including Change Order No. 1 - $5,603,866.42). The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Davis. Question: Ayes: All Nayes: None 333 December 19, 1995 An Ordinance authorizing a Specific Use Permit to allow establishment of a private helistop behind the Ramada Inn at 2525 N. Eleventh was considered: AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PRIVATE HELISTOP TO BE ESTABLISHED IN AN AREA ZONED GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2525 N. ELEVENTH STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. A motion to approve the ordinance was made by Councilman Goodson; motion was seconded by Councilman Smith. This item was deferred from action by City Council on December 5, 1995, due to questions concerning the receipt of the FAA's letter of no objection, whether there was sufficient liability insurance and whether easements for the two approaches to the helistop had been granted by Texas Commerce Bank. In discussion of this item, Council was told that no additional information had been received to answer these questions. In answer to the question of timing for Council action on the item, Planning Director Stephen Richardson told Council that the Public Hearing was held November 20th and would run for 60 days from that date. After further discussion, Councilmen Goodson and Smith withdrew their motion and second for approval of this item. Action was deferred to the January 2, 1996, City Council meeting. -000- Ordinance No. 95-77 amending Section 26-24 of the Code of Ordinances dealing with the time limits for three school speed zones under Schedule D was considered: ORDINANCE NO. 95-77 ENTITLED AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND SCHEDULE D IN SCHOOL ZONES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. 334 December 19, 1995 Ordinance No. 95-77 was approved on a motion made by Councilman Cokinos and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Ordinance No. 95-78 authorizing the City Manager to execute in behalf of the City of Beaumont all documents necessary for the platting, vacation and replatting of City-owned property was considered: AN ORDINANCE ENTITLED AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY FOR THE PLATTING VACATING, OR REPLATTING OF PROPERTY WITHIN THE CITY OF BEAUMONT WHICH BELONGS TO THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilman Davis questioned the need for a broad blanket of approval City-wide when background information of this item discussed the need for clearing titles in the Charlton-Pollard Neighborhood only. City Attorney Lane Nichols said the immediate need is for clearing titles for the Charlton- Pollard Neighborhood Revitalization Program but drafted the ordinance in a broader way because it would only be used in the platting of minor plats consisting of four (4) lots or less. It was decided to limit the ordinance for the Charlton-Pollard area and was changed and adopted as follows: ORDINANCE NO. 95-78 ENTITLED AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY FOR THE PLATTING, VACATING, OR REPLATTING OF PROPERTY IN THE CHARLTON POLLARD REVITALIZATION AREA WHICH BELONGS TO THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Ordinance No. 95-78 was approved on a motion made by Councilman Davis and seconded by Councilman Patterson. Question: Ayes: All Nayes: None 335 December 19, 1995 Resolution No. 95-337 awarding the bid for the demolition and removal of the structure located at 1105 Broadway (the former St. Therese Hospital built in 1928) to Demolition Services, Inc., in the amount of$51,400 was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 95-338 awarding the bid to Con-Equip, Inc., of Houston, for the purchase of a wood waste tub grinder for the Solid Waste Management Department in the amount of$252,672 was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 95-339 approving the five-year financing agreement for the purchase of a wood waste tub grinder for the Solid Waste Management Department with First Interstate Bank in the amount of 41 basis points below the yield of the 7-1/8% Coupon Treasury Note maturing February 2000 (payment to be made in five annual payments with the first payment being made upon acceptance of the equipment, delivery expected in March, 1996) was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 95-340 approving the five-year financing agreement for the purchase of four (4) recycling trucks for the Solid Waste Management Department with Baystone Financial Group in the amount of 53 basis points below the yield of the 7-3/4% Coupon Treasury Note maturing December 1999 (payment to be made in five annual payments with the first payment being made December 31, 1995 when the new trucks are expected for delivery) was approved on a motion made by Councilman Goodson and seconded by Mayor Pro Tem Ames. Question: Ayes: All Nayes: None -000- A resolution authorizing the purchase of protective clothing (bunker gear) for the Fire Department from Casco Industries, Inc., at an estimated expenditure of $34,700 was considered. A general discussion was held concerning the questions raised by Mr. Fine concerning the compliance with the bid specifications and packet requirements. Councilmembers requested that the item be deferred for further review and analysis of the matter. The item will again be considered at the next meeting of City Council scheduled for January 2, 1996. 336 December 19, 1995 Rosemarie Smith, City Clerk, certified that the petition submitted by Mr. Allen Lee on December 8, 1995, for establishment of the Civilian Police Review Board was insufficient and reported the following: "In reviewing the petition submitted by Mr. Allen Lee on December 8, 1995, 1 have determined it to be insufficient in several areas required by Article XI of the Charter of the City of Beaumont. "Each page of the petition is insufficient in all or some of the following: 1) omission of voter registration certificate number for each signature; 2) omission of voting precinct number for each signature; 3) omission on each page of the name of the person circulating the petition; 4) omission of addresses for some signatures; and 5) omission of the sworn statement containing the circulator's name, address, voting precinct number and voter registration number on each page he circulated. In addition, each page appears to be a copy containing copies of signatures. The pages containing original signatures must be submitted for City Clerk review - not copies. The petition was mailed to Mr. Lee Wednesday afternoon, December 13th." In answer to questions by Councilmembers, the Clerk said that Mr. Lee, upon receipt of the petition, would have ten calendar days to correct the insufficiencies and resubmit the petition for further review toward certification. It was also said that the failure of this petition would not prejudice another petition under requirements of the Charter. -000- Mayor Moore called an Executive Session in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation, specifically the Claim of Robin Henderson, to be held immediately following the recess at the conclusion of this meeting. -000- All Councilmembers expressed best wishes for "Merry Christmas and Happy New Year and for a safe and happy holiday. 337 December 19, 1995 Councilman Goodson said that he had been asked to read a letter from former Mayor, Evelyn M. Lord to the editor of the Beaumont Enterprise: "To the Editor: It has come to my attention that the Rev. Samuel Laday twice used my name in a recent meeting of City Council as being one outspoken in support of a Police Review Board. He used as his reference my keynote address to the Chamber of Commerce in 1992 and quoted me as saying that I `wanted to bring together 50 to 100 people to learn about every aspect of the Police Department'. did indeed made a statement very like that, but it had nothing whatsoever to do with a Police Review Board and Mr. Laday erred seriously in so interpreting it. The whole quote, verbatim, was as follows: 'Wouldn't it be wonderful if Beaumont could have what some other cities have - a Citizen's Police Academy! In one city that I know of, for instance, once a year the police take in a class of 60 to 100 community leaders, including a goodly portion of minority representation and, much like Leadership Beaumont, in a series of ten to twelve educational programs on a weekly or semi- monthly basis improve relationships and rapport between the citizen and the police.' continued, outlining the various `class subjects' that could be taught in the Academy and the many benefits of so doing. Not once was a Review Board mentioned or even suggested. I am delighted that the Beaumont Police Department did indeed establish such an academy and have already `graduated' several classes of well pleased and informed citizens who feel very supportive of the local police, largely because of their increased understanding of the law enforcement officer's difficult role. I also spoke of my hope that the Police Department might reestablish the Saturday morning club for youth they once had. They have done even better in setting up the extremely popular and successful Police Activities League, another very positive contribution towards promoting rapport with the community as well as creating healthy activity for our young people. I trust that Mr. Laday will not use my name in erroneous fashion on any other occasion." The letter was signed: Evelyn M. Lord, Former Mayor. Councilman Davis told Council that he once supported creation of a civilian police review board, but not now, saying "It's hard to separate the message from the messenger. He said Council should address the thoughtful concerns of some of those who spoke at last week's Council 338 December 19, 1995 meeting, urging Council to respond to those who feel mistreated. Mayor Moore said that Council had heard the concerns of citizens and acknowledged the city can always improve. He thanked petition supporter, the Reverend Samuel Laday, for his treatment of people. Mayor Moore also thanked all of Council for an outstanding 1995; he thanked the City Manager (not present in today's meeting) and staff. He said 1995 had been a challenging year. He wished all a Merry Christmas and Happy New Year. -000- There being no further business, the meeting was recessed before continuing with the City Council executive session. -000- 1, Rosemarie Smith, 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 December 19, 1995. Rosemarie Smith City Clerk 339 December 19, 1995