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Home My WebLink AboutMIN SEP 05 2000 M I N U T E S - CITY OF BEAUMONT Lulu L.Smith DAVID W. MOORE,MAYOR Guy N.Goodson,Mayor Pro Tem Andrew P.Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J.Patterson September 5,2000 Audwin Samuel Lane Nichols,City Attorney Stephen J.Bonczek,City Manager Barbara Liming,City Clerk The City Council of the City of Beaumont,Texas,met in a regular session on September 5,2000,at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING * Invocation Pledge of Allegiance Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items * Consent Agenda Mayor Moore called the meeting to order at 1:37 p.m. City Attorney Lane Nichols gave the invocation. Mayor Moore led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Cokinos, Ames, Samuel (arrived at 1:38 p.m.), and Patterson. Councilmember Smith was absent (attending a National League of Cities meeting). Also, present were: Stephen J. Bonczek, City Manager; Lane Nichols, City Attorney; and Barbara Liming, City Clerk. * Presentations and Recognitions Two proclamations were issued: "Prostate Cancer Awareness Month," September 2000 and "Neches River Clean Up Day," September 9, 2000. City Manager Stephen J.Bonczek introduced Ms.Carolyn Cook,Regional Manager for the Federal Railroad Administration, part of the U.S. Department of Transportation,who is responsible for crossing and trespass prevention. Ms. Cook was invited to share information regarding railroad safety,train whistles,and federal, state and local law interaction. Mr. Bonczek said Ms. Cook will also present options to consider litigating the impact on residential areas. New federal laws and rules and regulation of train whistles that will probably be published in the Federal Register by the end of 2000, effective in January 2002, will also be addressed. He said these laws will probably preempt what can be accomplished at the local level. Also, Mr. Bonczek introduced Mr. Harding Rome, Senior Trial Counsel for theUnion Pacific Railroad, and said he will be available to answer specific questions. Ms. Cook made a very in-depth Power Point presentation discussing Texas Statutes and various regulations impacting railroad companies, entities, and individuals as shown in Exhibit"A." She cited statistics indicating a 62 percent increase in collisions when keeping train whistles from blowing at railroad crossings and spoke about safety of lives versus noise levels. After the presentation, Ms. Cook volunteered to answer questions. Mayor Pro Tern Goodson questioned the number of downtown crossings, four-quadrant gates, and number of possible closings. Councilmember Cokinos commented that the main citizen complaint is about trains switching during drive time to and from work and excessive whistle noise interrupting sleep. Ms. Cook stated there are no simple solutions, but suggested speaking with individual railroad companies regarding the problems, and said that crossing consolidation and overpasses will help. She said that a rail car hauls the equivalent of seven tractor-trailer truck loads, and voiced a desire to work together with Beaumont and railroad companies toward improvements.. * Public Comment: Persons may speak on scheduled agenda items. Citizen comment was invited on the Consent and Regular Agenda Items 4 through 8. Mrs.Laura Daigle, 1960 Long,began to comment about train noise in her neighborhood and was advised that the topic was not appropriate at this time, but could be addressed later in the meeting. No one else wished to address these items. * Consent Agenda * Approval of the minutes of the regular meeting held August 29, 2000 * Confirmation of committee appointments: Reappointments: Bill Lucas for a term expiring April 3, 2002 and Carlos Hernandez for a term expiring July 29, 2002 to the Planning Commission. - Resolution No. 00-212 A) Accept improvements constructed in Walden Meadows, Section I Subdivision for city maintenance (Lots 1-12, Block 2, Lots 1-12, Block 3, and lots 1-5, Block 4) - Resolution No. 00-213 B) Approve the acceptance of a "Safe and Sober S.T.E.P." grant from the Texas Transportation Commission (in the amount of$33,000, for a total project cost of$55,000 with the City required to fund 40% or$22,000) - Resolution No. 00-214 C) Approve a contract for the purchase and installation of approximately 2,332 linear feet of chain-link fencing at the Water Production Plant (with Cardinal Fence Co. in the amount of $22,000) - Resolution No. 00-215 D) Approve the purchase of a sewage grinder for the Public Works Department (with Environmental Improvements in the amount of$19,879) - Resolution No. 00-216 E) Authorize the City Manager to accept, appropriate and expend grant funds for the replacement of the fluoridation system at the Water Production Plant(in the amount of$37,000)-Resolution No.00-217 F) Accept improvements in Gladys West Subdivision,Section Six for city maintenance(Lots 35,Block 4, Lots 18-20, Block 6, Lots 10-13, Block 7, Lots 8-15, Block 8 and Lots 1-3, Block 9, Gladys West Subdivision, Section 6) - Resolution No. 00-218 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Cokinos, Ames, Samuel and Patterson Noes: None Minutes;September 5, 2000;Page 2 GENERAL BUSINESS 1. Consider a request for a zone change from GC-MD(General Commercial-Multiple Family Dwelling) to RS (Residential Single Family Dwelling)District for two 2-acre tracts of land in the 9800 block of Old Voth Road Councilmember Ames moved to approve Ordinance No.00-70 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT TO RS (RESIDENTIAL SINGLY FAMILY DWELLING)DISTRICT FOR TWO 2-ACRE TRACTS OF LAND LOCATED IN THE 9800 BLOCK OF OLD VOTH ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Mayor Pro Tem Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Cokinos, Ames, Samuel, and Patterson Noes: None 2. Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density)to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for two separate tracts including 4120 Pradice Councilmember Patterson moved to approve Ordinance No. 00-71 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS,BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)DISTRICT TO GC-MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 4120 PRADICE AND A PARKING LOT LOCATED AT THE SOUTHWEST CORNER OF NORA AND GOLIAD STREETS, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Cokinos, Ames, Samuel, and Patterson Noes: None 3. Consider an application for a specific use permit to allow a two-family structure in an RS(Residential Single Family Dwelling) District at 190 E. Caldwood Councilmember Mayor Pro Tem Goodson moved to approve Ordinance No. 00-72 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A TWO-FAMILY STRUCTURE IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT,LOCATED AT 190 E.CALDWOOD IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Cokinos seconded the motion. MOTION PASSED. Minutes;September 5, 2000;Page 3 Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Cokinos, Ames, Samuel, and Patterson Noes: None 4. Consider a request to abandon the 20'wide alley located in Block 37 of the Jef Chaison Addition Councilmember Patterson moved to approve Ordinance No. 00-73 ENTITLED AN ORDINANCE VACATING AND ABANDONING A 20' WIDE ALLEY LOCATED IN BLOCK 37, JEF CHAISON ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS AND PROVIDING FOR THE RETENTION OF A 20' GENERAL UTILITY EASEMENT. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Cokinos, Ames, Samuel, and Patterson Noes: None 5. Consider a request to abandon a 30' wide dedicated road right-of-way in Lots 17 and 18, Block 1, Wescalder Fig Acres Addition between 1275 and 1309 Wescalder Road Councilmember Cokinos moved to approve Ordinance No. 00-74 ENTITLED AN ORDINANCE ABANDONING THE 30' WIDE DEDICATED ROAD RIGHT-OF-WAY IN LOTS 17 AND 18, BLOCK 1, WESCALDER FIG ACRES ADDITION BETWEEN 1275 AND 1309 WESCALDER ROAD, IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS;PROVIDING FOR THE RETENTION OF A 10'WIDE GENERAL UTILITY EASEMENT. Councilmember Mayor Pro Tern Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Cokinos, Ames, Samuel, and Patterson Noes: None 6. Consider a request to abandon the 60'x 135.61' street right-of-way of Cartwright Avenue adjacent to Lot 1, Block 13, Washington Manor Addition at 4805 Cartwright Avenue Councilmember Samuel moved to approve Ordinance No. 00-75 ENTITLED AN ORDINANCE ABANDONING THE 60'X 135.61'STREET RIGHT-OF-WAY OF CARTWRIGHT AVENUE ADJACENT TO LOT 1,BLOCK 13,WASHINGTON MANOR ADDITION,AT 4805 CARTWRIGHT AVENUE,BEAUMONT,TEXAS, JEFFERSON COUNTY,TEXAS,PROVIDING FOR THE RETENTION OF A GENERAL UTILITY AND DRAINAGE EASEMENT AND AN ACCESS EASEMENT. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Cokinos, Ames, Samuel, and Patterson Noes: None 1. Consider an ordinance amending Article IV,Assurance For Completion of Improvements;Section 24- 26 Alternatives to Completion of Improvements of the Code of Ordinances Minutes;September 5, 2000;Page 4 Councilmember Ames moved to approve Ordinance No.00-76 ENTITLED AN ORDINANCE AMENDING ARTICLE IV, SECTION 24-26,OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND THE ALTERNATIVES TO COMPLETION OF IMPROVEMENTS AND ADDING (e) DEALING WITH CONNECTION TO UTILITIES;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL;AND PROVIDING A PENALTY. Councilmember Mayor Pro Tern Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Cokinos, Ames, Samuel, and Patterson Noes: None 8. Consider authorizing the City Manager to execute a labor agreement with the Beaumont Police Officers Association for the period October 1, 2000 to September 30, 2003 Councilmember Ames moved to approve Resolution No. 00-219 authorizing the City Manager to execute a three-year labor agreement with the Beaumont Police Officers Association. Councilmember Samuel seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Cokinos, Ames Samuel, and Patterson Noes: None COMMENTS * Councilmembers comment on various matters Mayor Moore commented that the"Concert in the Park"was very good last Thursday,in spite of the heat,and made suggestions to consider holding the last concert of the Summer at Riverfront Park and starting earlier after school begins to accommodate homework schedules. * City Manager's Report - Fire/Water Service Meeting, Ethical Climate Survey and Human Resources Director Recruitment and Selection Status Mr. Stephen Bonczek reported that the South East Texas Regional Planning Commission and the District Board submitted letters of support of the grant application to the Economic Development Administration(EDA)for the construction of a clearwell at the Water Production Plant. He stated that the cost of construction of the five million gallon clearwell is estimated at $2,995,000 with the maximum funding from the grant to be 50 percent of the total cost or $1,497,500. Mr. Bonczek reported that six candidates will receive a recruitment position profile package for the Human Resource Director position, and within the next thirty days a selection should be made. The City Manager reported that Councilmember Smith is hosting a neighborhood meeting on September 27, 2000 at 6:30 p.m. at the fellowship hall at Saint Andrew's Presbyterian Church to discuss water system and fire suppression services. Mr. Bonczek reported that Lamar University Psychology Professor James Esser and his graduate students will be conducting an ethical climate survey of our organization. The City Manager announced that on Friday,September 8,2000,at approximately 7:00 p.m.or 8:00 p.m.on Discovery Channel's "On the Inside"program,the Beaumont Police Department will be featured and shown serving warrants during a narcotic bust. Minutes;September 5, 2000;Page 5 * Public Comment (Persons are limited to three (3) minutes) Mrs. Laura Daigle, 1960 Long, addressed Council to complain of train whistles blowing throughout the night and disturbing sleep. Mrs. Daigle reported that whistles blow for periods up to ten minutes at 3:00 a.m., and said she has an audio tape of a train whistle blowing for an extended period of time Mr. James Daigle, 1960 Long, addressed Council regarding a petition protesting train horns blowing during late night hours and early morning and length of time which intersections are blocked. He spoke of the delays affecting response time for emergency medical service. Mr. Steve Foreman, 1555 Infinity, as a resident of Beaumont and as a representative of the Kansas City Southern railway company, addressed Council concerning railroad safety issues. Mr.Foreman referenced the 62 percent increase in accidents where whistles are banned and asked that a responsible and educated decision be made. Mr.Richard Bennett, 1635 West Highland,addressed Council concerning being effected by the trains that run along Avenue A. Mr.Bennett thanked the City for their efforts in enforcing the train whistle ordinance. He questioned time tables regarding railroad crossing closures and if citizens will be involved in making decisions. City Manager, Stephen J. Bonczek responded that review of the railroad crossing closures is a high priority and that major efforts will be made in reviewing the 116 railroad crossings in the city. Mr. Bonczek commented about present research regarding train noise, safety and solutions that are underway. The City Manager affirmed that citizen participation will be included in decision making for quiet zones and also stated that the Federal quiet zone rules will not be in effect until 2002. Mr. Eric Meadows, 106 West Caldwood, thanked Council and the City Manager for taking on the issue of train noise because it affects the quality of life of the citizens,as well as,a safety concern. He commented that through the course of the night he feels some train engineers take liberties with horn blowing. RECESS OF REGULAR MEETING CONVENE MEETING OF THE BEAUMONT HOUSING FINANCE CORPORATION 1. Consider a resolution approving removal of trustee, appointment of successor trustee and the execution of documents related thereto EXECUTIVE SESSION-NOT HELD * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Manager Performance Evaluation There being no other business, the meeting adjourned at 3:12 p.m. Minutes;September 5, 2000;Page 6 David oore, Mayor Barbara Liming, City Clerk Minutes;September 5, 2000;Page 7 Federal Railroad Administration Overview --State-and Federal Statues • Train Volume • Grade Crossings ( Et1t 0 '1'ra inn • Train Collisions • Grade Ci&.sing Collisions • Operation Lifesaver Program NPRM on Train Homs Texas Statues Driver Action Texas Transportation Code-Sec. 545.251 • Driver Action • Drivers are always required to yield the • Raihaoad Trespassing rigbt-of-way to a tram. • It is an offense to drive around,under or • Whistle law through a crossing gate. • Blocked Crossings • A motors must come to a compere stop vkhan signal lights we flashing. • Crossing Closures • Fines of S50.4200. Railroad Trespassing Whistle Law Texas Transportation Code Sea 471.006(a-b-d) • Texas Penal Code—Sec. 28.08(A) -it is • The engineer m charge of the locomotive is unlawful for a person to enter or remain required to ring the bell and blow the on railroad property without the consent whistle at least one-quarter mile from the of owner,knowing it is railroad property. place where the railroad crosses a public An offense is a Class B misdemeanor road.The engineer shall ring the bell unless bodily injury is caused then it is continuously until the locomotive has 3'd degree felony. crossed the mad or stopped.. EXHIBIT "A" 1 Blocked Crossings Crossing Closures Texas Transportation Code Texas Revised Civil Statutes-Article Sec. 471.007-47.008 1105c(West 1999) • Texas law prohibits a train to blocks • A provision for grade crossing elimination within every incorporated city or town crossing for more than 10 minutes with a (including home rule cities)having a standing tram population of more than one hundred thousand inhabitants Federal Statutes 1999 Average Train Volume Beaumont,TX • Code of Federal Regulations -CFR 49-Transportation-Parta 200 to 399 Texas At-Grade Crossings- 1999 Jefferson County At-Grade Crossings- 1999 uv- •«wr.nw•+rr_--_ i=fns i V-O a" if er....m 2 1999 Average Train Volume - - _--- Beaumont, TX 300 aso i Texas At-Grade Crossings - 1999 TOTAL AT-GRADS CRO38INGS=12,252 — son 'N trossbuok Only eeo. Gatos o Flash"Bone. O Noes 300 - ■Mop Simon N.I/T..VY..,!ah i 8 YMars X000 n s i 7.00 MM 2000 i 1000 _- ' 1 Jefferson County At-Grade Crossings - 1999 Total At4rade Crossings=ZZrt acrosaauck only Loates -o ding LWds El None ■Stop Signs t � - - waey3r.r�wrr.. 1999 Train Accidents Ri, - ■.TEFFERSON CO. 1■TEXAS ISO TOM -0*3&Mb=.._Tide Hgo-#+ RS CrooMWp Cbo�106 ,c17.i�. C&M -34'44%we - 1 cd&dor. rp.ds .. 2 i 1999 Tral*n Accidents i PIQ', lN,k %t h7�Y 5h y r'. #a•. 1 �J pp ,f ..::v! �,>>b L�jdl.�.. �' k ■ JEFFERSON CO. ,1 ,� .�I ■ T ERAS i I - - - - 1 lad Of� so TOTAL. Derailments. rrain Ot r lon ashsr �;'' other /1Aoknt 1p C011�liona Coitisiol Coib� �! lnViaao F events Rupture U.S. Train Accidents 1991-2000 TRAIN ACCIOEMM AND RATE,JAN—JUN ¢000 prellnir wo Count Per NHl - ---- -- - - 3 2 1 0 1991 1992 1993 1994 19% 1996 1997 1998 1999 2000 son represent counts,line deploys rots. WN=Per moon trdn role: U.S. Highway-Rail Incidents 1991••2000 HGdMY—RAL INgDBM AND RATE, 3AN—JUN ¢000"fthwo Corart Per N?Y 10 _ 9 -- B -- 6 5 4 3 2 1 0 1991 1992 1993 1994 1955 1996 1997 1998 1989 7000 Bars represent ca nts,6ne displays rata_ WlU=Per rre7lm train mr"ks_ wa.�srrrrrer. 3 1999 U. S . and Texas Collisions Type of Warning Device ' U.S.-19W TEXAS-I9M �•' r:. Ali �n Nom Wore 2% 4% Watchman Watchman r 2,A 1% HW .WW,Bells 32% 2% Gates 240A tltl � Crosahucka Only 1296 17% i Raring Ughts ,. u Y 2D% PA*h V Ughts 36% 27% Federal Railroad Administration 1999 — Texas and Jefferson Co. Collisions Type of Warning Device None `yy N. ( +t yn,h�1M1 r }i�'M r} kb��@, rfi o �MFy d i' o, n r., •,t. '•�. �, r1 w ,� q ,lc• i� i !Z (fft�I �y 1.�,P�,M I"l"�?� y t 'f C! WaEchmsn 14% }, 4 eat" 7pKii� ' �a1 r �' ,i' r•VZO 33% �w ; � WattMun' i Qrwsbucks Only_ .!,i Orosrbucks Only �� ' 379E err I ' J 1 Shy• 11� •,t 1 1,'il+ lA�i,! lMshing Lights Plashing Lights 30% d .. 27% Federal Railroad Adminidratim U.S. Grade Crossing Collisions Years 1995-1999 4 _ 34M low - i mt6dQ Gi eil�d FJd1A/.W�4i� Texas Grade Crossing Collisions Years 1995-1999 o = mccui om Gd FATAIffW$ Eli1UlES wa.r■,rr�wr.r.. 4 Top 13 Texas Counties Highway-Rail Grade Crossing Collisions Year 1999 RANK COUNTY COLLISIONS FATALITIES INJURIES 1 Dallas 29 0 8 2 Harris 27 3 19 3 Tarrant 18 0 7 4 Jefb SCM 1 14 - 1 1 5 Montgomery 12 1_ . 7 6 Bexar 11 1 3 7 Webb 10 0 7 8 Ft. Bend 10 0 7 9 Cameron 9 0 8 10 Brazoria 7 3 2 11 Denton 7 2 2 12 Collin 7 1 5 13 El Paso 7 1 2 Jefferson County Grade Crossing Collisions Years 1995-1999 6 6 s a t 2 0 0 • 1995 1996 1997 1998 1999 ss COLLISICMS E.2 FATALITIES s•INJURES sr.ntir.r�rrrrr 5 Beaumont, TX Grade Crossing Collisions Years 1995-1999 u - 1: Is i i + 1996 1999 1887 1998 1889 11�Alri i�.eilY.f�drL1�[7`f7ta Jefferson Co. Grade Crossing Collisions by Nearest City - Years 1995-1999 ,. - oil - _CIY! 1111 BG�s + 117 F + ®6 ®5 • ■Z ■2 ■1 ■t 1 t et il I I+ i 1995 1996 1997 1999 1999 6 U.S. Collisions by Type Highway User Year 1999 HIGHWAY USER Other Pedestrian '� r .. Other Motor Vehicle 4 Motorcycle 7- t School Bus . Transit Bus S Truck-trailer 475 Truck i Pick-Up Truck Carman 0 200 400 000 900 1000 1200 1400 1900 1900 2000 No. Collisions r fl�b,flr.d.ii.rr 1999 - U.S. and Texas Collisions Type Highway User r l F f� w 7 i 1999 U. S . and T Collisions Type Highway WS. TEXAS - 1999 �.Other Motor Vehicle } Motorcycle 1% Pedestrian 4; I Imo[ 0% / i� "r hdslkrlan Other i ��.! OlMsr School bus 2% y Olhar Motor 2% Vehicle hyj 1% Transit Sus ' Flok-up Truck eft 24% Truck-traller 14% CarNan n' 48% / CarNan Truck ,/ 64% 12% Truck-Tra1Nr Pick-Up Truck 14% Truck i ii Federal Railroad Administration 1999 - Texas and Jefferson Co. Collisions Type Highway User TEXAS 1999 F JEFFERS C6. 19"9 K. Pedestrian Other p Other Motor �% r Vehicle 1% CarNan Pick-up Truck ., 24% OadVan -- 48% Pick-up Truck Truck Truck-Troller r 64% 7% 1t% Truck •% Federal Railroad Administration i