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HomeMy WebLinkAboutMIN SEP 07 1993 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD SEPTEMBER 7, 1993 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 7th day of September, 1993 , with the following present: HONORABLE: Evelyn M. Lord Mayor Guy N. Goodson Mayor Pro Tem. Councilman, Ward II Andrew P. Cokinos Councilman At Large Brian R. Alter Councilman At Large Lulu L. Smith Councilman, Ward I John R. Davis 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 the Reverend Blaine McFarlin, Associate Pastor at Woodland Baptist Church. The Pledge of Allegiance was led by Councilman Alter. -000- Three Proclamations were issued: "First Annual Ms. Senior Hotel Beaumont Beauty Pageant Day, " September 9, 1993 ; a Proclamation honoring District Engineer Richard N. Cardwell upon his retirement from the State Highway Department and recognizing him as one of Beaumont's outstanding citizens; and "National Literacy Day, " September 8, 1993. -000- - presentation to the City of Beaumont was made by Mr. David Hitt and Ms. Pam Parrish of Texas Commerce Bank. Mr. Hitt Madam Mayor and members of the City Council, Rudolph Charles Miller came to Beaumont in 1904, establishing the Josey Miller Grain Company. He later form the Tyrrell Rice Milling Company, and was the first president of the company that built the Hotel Beaumont. In 1973 , Mr. R. C. Miller died at the age of 100. In his Will and the Will of his wife, Birdie Goodman Miller, they created a three-million dollar Foundation for the -218- September 7, 1993 purpose of building a neighborhood library for the citizens of Beaumont. In doing so, they appointed the Trust Division of Texas Commerce Bank as the manager of that Foundation. In 1982, the Miller Library was completed at a total project cost of $1.8 million. After the initial $3 million was reduced by that price, the Foundation continued to grow through favorable investment returns and now has amassed a total of $3 million again. The entire ordinary income of this Foundation is currently being utilized for the normal operating budget purposes of the Miller Library. I would like to ask Maurine Gray to step forward at this time for a presentation of this year's income payment. (Ms. Gray approached the podium. ) Maurine, on behalf of the R. C. Miller family, and on behalf of Texas Commerce Bank as trustee, it's my pleasure to present you a check for $184,586. 20 for the operating budget of the Miller Library. Ms. Gray Thank you, David. Mr. Hitt Maurine, I 'd ask you to continue standing here for just a moment because my associate, Pam Parrish, Vice-Present Trust Officer of TCB has an additional presentation. Ms. Parrish In 1992, the trust negotiated a sizeable lease bonus from some mineral property in the trust that amounted to over $200, 000, and in some cases, it makes good sense to reinvest that money so that income in future years is increased. But, in this case, we went to the City, and we asked what types of Capital Improvements could be done to the Library because it had been ten years since the construction was completed. And, we are told this check that I 'm about to give Maurine will provide several things including a security system to the Library, to rework the existing air-conditioning and duct system, to soundproof the children's area, to add shelving and additional books, and I 'm pleased on behalf of the R. C. Miller Community Fund to present a check to the City for $100, 000 for these improvements. Ms. Gray Needless to say, I 'm thrilled to accept this on behalf of the City. Sara's (Culbreth--Finance Officer) already has her hand out waiting for it. But, we thank TCB. It's really a pleasure to work with David and Pam and the folks at the Trust Department of Texas Commerce Bank. Thank you. Mayor Lord thanked Mr. Hitt and Ms. Parrish on behalf of Council. -219- September 7, 1993 Citizen comment was invited on the Consent and Main Agendas. Mr. Frank Kiefer, 3190 Willowood, addressed Council to again make a request that twenty positions be added to the Police Department to patrol the streets because of crime in the neighborhoods as illustrated last week ". . .when Bill Simpson was just ruthlessly shot down. . .and that happens everyday. . . " Also, Mr. Kiefer questioned his previous request to Council to investigate the feasibility of converting fossil-fueled vehicles to natural gas. Mayor Lord asked Mr. Riley to address the City's status of conversion of vehicles. Mr. Riley said that kind of conversion will be mandated within the next five years and the City is conducting the necessary studies to determine the most economical means and which part of the Fleet will be converted. He said there is a problem with refueling, but will be resolved within two years, and the complete conversion within five years. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held August 31, 1993; Resolution No. 93-218 authorizing execution of a License to Encroach with Michael Zambardino for a residence at 7920 Bluebonnet that is encroaching 5. 3 feet on the front, 6. 1 at the bay window, 2 . 0 feet at the rear of the residence and 1.0 on the corner of the concrete patio for a distance of 49. 0 feet into a fifteen foot utility easement on Lot 19, Block 1 of Gladys West Subdivision, Section One, for a one-time fee of Five Hundred Dollars ($500. 00) ; Resolution No. 93-219 appointing G. R. "Lupe'l Flores as City Magistrate for a two-year term effective July 3, 1993 ; Resolution No. 93-220 establishing the base pay of the City Clerk, Rosemarie Chiappetta, at an annual rate of $39, 000. 00 effective July 1, 1993 with all existing benefits remaining the same; Resolution No. 93-221 authorizing eminent domain proceedings for property located at 2985 Liberty (Hill ' s Children's Nursery, Inc. ) and described as Lots 7, 8, 9, 10, 11 and 12, Block 35 of the Jarrett Addition for the appraised value of $149, 000. 00 needed for improvements to the Liberty-Laurel Corridor from Eleventh Street to Phelan Boulevard; and Resolution No. 93-222 authorizing acceptance and settlement of the claim -220- September 7, 1993 styled City of Beaumont vs. Martin Matthews, Cause No. 46123 in the County Court of Jefferson County at Law No. 1, in the amount of $37, 600. 00 and authorizing execution of a Release of Judgement Lien releasing the Abstract of Judgement appearing in Film Code No. 101 67 0494 of the records of the Jefferson County Clerk filed for record on December 19, 1986. The Consent Agenda was approved on a motion made by Councilman Smith and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Ordinance No. 93-53 adopting a budget for the fiscal period beginning October 1, 1993 and ending September 30, 1994 with appropriations out of the General Fund in the amount $55, 358, 000; the Debt Service Fund in the amount of $8,792, 100; the Water Utilities Fund in the amount of $17, 120, 600; the Solid Waste Management Fund in the amount of $9, 630, 600; the Hotel Occupancy Tax Fund in the amount of $1, 327,800; the Street Maintenance Fund in the amount of $1, 600, 000; the Municipal Transit Fund in the amount of $2,990,400; the Special Revenue Fund in the amount of $2, 600, 000; the Capital Reserve Fund in the amount of $1,885,800; the Fleet Maintenance Fund in the amount of $8, 317, 000; the Employee Benefits Fund in the amount of $8, 317, 000; and the General Liability Fund in the amount of $4,403, 500; and authorizing the City Manager to transfer budget funds from one line-item to another line-item provided the transaction is not an interfund transfer was considered: ORDINANCE NO. 93-53 ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1993 AND ENDING SEPTEMBER 30, 1994 IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT; APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. Councilman Cokinos said he knows the City Manager has worked hard on the budget, but "we still have to tighten our belts, " and said he does not see that in this budget. He said expenditures have increased $2 million from last year's budget; that cuts could be made by eliminating the services of the Washington lobbyist and by cutting the travel budget; said he is announcing that he thinks there are more areas of the budget that can be cut, and he is going to vote against acceptance of the proposed budget. -221- September 7, 1993 Ordinance No. 93-53 was approved on a motion made by Councilman Alter and seconded by Councilman Smith. Question: Ayes: Mayor Lord Nayes: Councilman Mayor Pro Tem Cokinos Goodson Councilman Alter Councilman Smith Councilman Davis Councilman Moore -000- Before introduction of Agenda Item No. 2 by the City Manager, Mayor Lord stated that hours and hours have been spent reviewing the budget; Council determined there would be no decrease in Police protection; they realize something will have to be cut, if the tax rate is reduced; and that Council is evenly divided on the issue. She stated that if the initial motion does not pass, she will offer a compromise motion. Ordinance No. 93-54 approving the property tax assessment roll prepared by the Jefferson County Appraisal District for the 1993 tax year certifying $3 ,111,123 , 390 plus $116,800,816 contested appraisals for a potential of $3,227,924,208 in net taxable assessed value, providing for the levying, assessing and collection of ad valorem taxes and establishing the tax rate at $0.62 per $100 assessed valuation with $0. 35 apportioned to the General Fund and $0. 27 to the Debt Service Fund was considered: ORDINANCE NO. 93-54 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 1993 ; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilman Cokinos said the same comments he made on adoption of the budget will also apply to accepting the tax roll and tax rate and will vote against the tax rate. Councilman Moore thanked Council for the numerous hours spent listening to each other's concerns about the tax rate. He said "in regard to the budget and tax rate, we all want to continue the progress we've made. We want our streets to continue to be improved. We want the continued effort on drainage, and we also want to supply our youth with the proper level of recreation. " Councilman Moore stated that in the neighborhood meetings, citizens are concerned about public safety and quality of life. They are satisfied in "paying extra dollars for Police protection, and they found out they can equip themselves better by -222- September 7, 1993 becoming a little bit more organized. . . " He said he understands the impact of higher property appraisals; he knows City management has done a good job in planning and taking advantage of savings. Because of good management, this year the City will not have to make a Debt Service payment and asked that Council make an investment in citizens and reduce the proposed tax rate by one-cent. He said that would make a statement that Council listens to the community. He said Council has been clear that next year a tax increase will be necessary, but this year provides opportunity for tax reduction. Councilman Moore made a motion to amend the ordinance and adopt a $0. 61 tax rate for the 1993 tax year. Councilman Davis commended Mr. C. L. Sherman and the Tax Reduction Committee for their involvement in the budget process. However, he said that Ward III constituants have requested more Police Officers on the street, better lighting in troubled areas, and better services. Therefore, he strongly favors holding the tax rate at $0.62 and increasing the number of Police Officers and for better streets and drainage. He said if the course is held now, perhaps a more conservative tax increase can be made next year, and that the random shooting death of Mr. Bill Simpson indicates how bad situations can become. Mayor Pro Tem Goodson seconded Councilman Moore's motion to adopt a $0. 61 tax rate. Mayor Pro Tem Goodson expressed appreciation for recent time spent with Council and citizens listening to individual and Ward concerns. He pointed out that a rate increase over $0.596 will generate more revenue, that Council has been anticipating a rate increase, that the ad valorem tax represents about 20% of budget resources and the intent is not to overtax citizens. He said citizen concern expressed to him is that tax dollars be spent wisely and more Police Officers on the street. Councilman Moore said he agrees with Councilman Moore that consideration be given a token tax reduction this year and as told to citizens, the tax rate will have to increase next year, unless there are unknown, dramatic changes. Councilman Alter acknowledged much concern and apprehension expressed by citizens during the last 60-90 days about tax appraisals, but said he has heard a lot more about streets, flooding, drainage problems, additional Police Officers and need for a new fire station over the three and one-half years he has served on Council. He added that federal mandates, without financial assistance, relating to the water system, landfill and transit system have caused Council to deal with major expenditures. He said Council is expected to be fiscally responsible with tax dollars, and that even with additional property tax dollars, the anticipated Fiscal Year 1994 revenue is short a half million dollars of projected expenses, but have fund balances to cover -223- September 7, 1993 the deficit. Councilman Alter said he understands the various concerns expressed, but since the proposed tax reduction only represents $7. 00 to $14.00 per year and will not greatly impact individuals, he thinks the revenue would substantially better serve City programs. He reviewed discussion that City Staff has said a half-cent reduction could be handled by not filling some unfilled positions, excluding the Police Department, and substantially advance with planned programs with no impact on bond ratings and planned street programs. Based on this information, Councilman Alter said he could support a $0. 615 tax rate. Councilman Smith voiced support for the $0. 62 tax rate to insure fiscal soundness, expressed concern about unknown expenses such as catastrophic illnesses, expenditures that could be incurred by federal mandates and liability resources. She added that if the Debt Service Fund balance decreases significantly, the cost of bond issues will increase, she agrees that money spent on streets now will save more than $3 . 00 for each dollar not spent. Mayor Lord said it is obvious that Council has wrestled with this issue with much emotion, and it is clear all of Council wants to reduce the tax rate, but some feel the City's ultimate good might be jeopardized. Councilman Cokinos stated he will vote against a $0. 61 tax rate because he feels this budget can be amputated to satisfy all services in Beaumont. At the request of Mayor Lord, Mr. Riley explained that each one-cent represents approximately $315, 000. 00. Councilman Moore added that the reason he positioned himself with a one- cent reduction instead of the effective tax rate of $0.596, he did not want a reduction of people to be necessary. In view of the City's liability, the different programs to manage and budget, and continued improvements, Councilman Moore said he thought the $0. 61 rate would be a good compromise. Mr. Riley confirmed that the intent of the motion for a one-cent reduction would reapportion $0.26 to Debt Service instead of $0.27. The motion amending the Ordinance to adopt a $0. 61 tax rate failed to pass. Question: Ayes: Mayor Pro Tem Nayes: Mayor Lord Goodson Councilman Councilman Moore Cokinos Councilman Alter Councilman Smith Councilman Davis -224- September 7, 1993 Ordinance No. 93-54 amended to establish a $0.615 tax rate with apportionment of $0. 35 to the General Fund and $.265 to Debt Service was approved on a motion made by Mayor Lord and seconded by Councilman Smith. Question: Ayes: Mayor Lord Nayes: Councilman Mayor Pro Tem Cokinos Goodson Councilman Councilman Alter Davis Councilman Smith Councilman Moore -000- Resolution No. 93-223 authorizing participation in the State of Texas Cooperative Purchasing Program for the purchase of twenty (20) police pursuit vehicles, four (4) automobiles and nine (9) light duty trucks budgeted for 1994 in the amount of $449, 700. 00 was considered: Councilman Cokinos questioned the savings through this program, where vehicles are coming from, and asked for a memo specifying exact savings realized by the City since participating in the State Cooperative Purchasing Program. Resolution No. 93-223 was approved on a motion made by Councilman Moore and seconded by Councilman Alter. Question: Ayes: Mayor Lord Nayes: None Mayor Pro Tem Goodson Councilman Alter Councilman Smith Councilman Davis Councilman Moore Abstained: Councilman Cokinos -000- Resolution No. 93-224 authorizing a contract with the Houston-Galveston Area Council (H-GAC) Cooperative Program for the purchase of a Mobile Data Communications System (MDCS) to be supplied, installed and maintained by Motorola Communications and Electronics, Inc. to be used by the Police Department to access information from the National and Texas Crime Information Centers' computer files for a total system cost of $458, 697.00, plus an administrative fee of $8, 058. 00, for a total amount of $466,782 . 00 was approved on a motion made by Councilman Alter and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Councilman Davis said the last five days have been challenging for him -225- September 7, 1993 as a Councilman because he wanted to reduce the tax rate, but did not think it was fiscally sound for the future generation, and he was forced to contemplate what he could do relative to incidents of the last few days (the drive-by shooting of Mr. Bill Simpson) and decided to pray and call the Police Department and encourage involvement with the neighborhoods to make our streets safer. Councilman Alter told Mr. Riley that he has received calls, "probably following the results of what's happened on the streets, " and asked if additional security is provided by the Police Department at the Julie Roger's Theater and the Civic Center for various events. Mr. Riley said additional police security depends on the type of function and anticipated number in attendance. He said at functions that draw a large crowd, such as the Fourth of July celebration, the City does make provision for additional security, but sometimes those renting the Julie Rogers Theater or Civic Center, employ off-duty policemen or a security guard service to provide security for the event. Councilman Moore said Councilman Davis touched on his thoughts, but added "I want to commend the Police for the actions they took and the on- going investigation in regards to the senseless violence that resulted in the death of Bill Simpson. However, I think the statement that should be made, it's not so much just the death of the individual and the shooting of the lady, but the situations that we're dealing with, and I hope we won't allow National TV to come in and turn us against each other or the efforts that have been attempted by various media sources in an effort to turn the situation into something, apparently, that it wasn't. Now, that's up to us. I 'm making the statement as the leadership on this Council, and I 'm appealing to the citizens out there. The senseless violence is one that has been with us. It continues to plague us. It is nothing that is changing overnight, and the only way we're going to change, is to have a little bit more hands on. We can hire 20, 30, 40, 50 more policemen, but unless we're there to give the support in terms of Associations and neighbors working with them, it would be a wasted resource. I think the thing that we really have to be cognizant of is the fact that responsibility does fall in our hands, and with the increased number of law enforcement officers on the street, here's an opportunity for us to make a statement that says: every neighborhood will have a voice in what we try to do, and the best way I know has been what they've been doing, Community Policing. Hopefully, by next week, there will be some other announcements made that Councilman Davis and I are working with, with other groups in an effort to bring about some additional strategies. But, I just want to say it now, I think Bill Simpson's death was awfully, awfully sad. I think it's terribly sad that it was so close to the neighborhood where I live and the neighborhood that Councilman Davis represents. And, the hours spent with the neighbors afterwards, it made some statements, and the only positive thing about it, is that in the last few weeks before the death, that Police activity had increased because there were other -226- September 7, 1993 activities going on. I regret terribly that it resulted in a man losing his life, and I regret the fact that it surrounds a lot of other separate issues, but I 'll just ask all the citizens to join with each other. Solidarity against violence is what we should be concerned right now as opposed to any other things that may be associated with it. " Mayor Lord added commendations to the Police Department for apprehending a suspect in less than twelve hours and said the whole cizenry feels terrible about the death. She said she has received numerous telephone calls expressing grief over the tragic death of Mr. Simpson, and "we should just stay together and keep on working the way we have been. " -000- Mr. C. L. Sherman, 585 Belvedere Drive, told Council he is both pleased and disappointed the tax rate vote. Disappointed because taxes will be higher than the rate of inflation, pleased the rate was reduced one-half- cent because it indicates Council is listening to citizens and asked that they begin thinking about the future and controlling government expenses. Mr. Everett Alfred, 5375 Ada, commended Council 's help to the law enforcement sector and said the Black Community cares about what happens in Beaumont. Mr. Alfred said he feels the National Media has associated Beaumont with another city, and we need to improve our tarnished image for economic reasons--attracting new businesses and receiving federal grants. Mr. Henry Dannenbaum, 2820 Pine, addressed Council to comment about recent crimes involving deaths and commended Councilman Moore's involvement in Neighborhood Association groups. Mr. Roberto Flores, 2425 Buchanan, addressed Council to report success at a planning retreat held by the Beaumont Independent School District, compared a recent newspaper article indicating Beaumont's rise on a quality of life survey to the publicity that will be received on television tomorrow about the death of Mr. Simpson. Mr. Flores discussed crime and violence and the need for unity, the Economic Summit held a few years ago and suggested a Summit or retreat such as BISD's with people from all walks of life together addressing root problems that might be solved for the sake of youth. 000- There being no further business, the Regular Session of City Council was adjourned. -000- I, Rosemarie Chiappetta, City Clerk of the City of Beaumont, Texas, -227- September 7, 1993 certify that the above is a true copy of the Minutes of the Regular City Council Session held September 7, 1993 . Rosemarie Chiappetta City Clerk -228- September 7, 1993