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HomeMy WebLinkAboutMIN SEP 26 2000 M 11 N U 1L CH 1L 1L OF BEAUMON Jl 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 26,2000 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 26,2000,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 1:36 p.m. Beaumont Fire Chief Michel Bertrand gave the invocation. Beaumont Police Sergeant Paul Perritt led the pledge of allegiance. Present at the meeting were: Mayor Moore,Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos, Ames, Samuel,and Patterson. Also,present were: Stephen J.Bonczek,City Manager; Lane Nicholas,City Attorney; and Barbara Liming, City Clerk. * Presentations and Recognitions Mayor Moore acknowledged the six candidates for Human Resources Director present in the meeting and welcomed them to the City of Beaumont. Mayor Moore introduced Mr. Chester Jourdan, recently appointed as director for the Southeast Texas Regional Planning Commission, and invited him to make comments. Mr. Jourdan expressed his desire to continue working with Beaumont, continue past tradition and legacy of the relationship between the two entities, serve city and county governments and be a part of their vision and future. Mayor Moore commented about the retirement celebration for Mr.Don Kelly as the director for the Southeast Texas Planning Commission and the importance of"regionalism." Mayor Pro Tem Goodson commented about 'Beaumont Navy Days 2000." On behalf of the commanding officers of the U.S.S. Champion and the U.S.S. Pioneer,Mayor Pro Tem Goodson presented Mayor Moore with vessel plaques expressing appreciation to the City and Port of Beaumont for their hospitality. * Public Comment: Persons may speak on scheduled agenda items. Citizen comment was invited on the Consent and Regular Agenda Items 7 through 12. No one wished to address these subjects. * Consent Agenda * Approval of the minutes of the regular meeting held September 12, 2000 * Confirmation of committee appointments -No appointments made. A) Approve the purchase of an annual maintenance agreement for HTE, Inc. software support (in the amount of$35,385) -Resolution No. 00-232 B) Approve the purchase of an annual maintenance agreement for International Business Machine equipment(in the amount of$67,114.70) -Resolution No. 00-233 C) Approve the purchase of an annual system software maintenance agreement from International Business Machine (in the amount of$30,832) -Resolution No. 00-234 D) Approve a payment for repairs to a Loeb water well pump (to Layne Christensen Co., Layne-Texas Division in the amount of$28,771.95) - Resolution No. 00-235 E) Approve the purchase of an annual maintenance agreement with Compu-Tech software support(in the amount of$23, 358.96) -Resolution No. 00-236 F) Approve a contract for wrecker services for the Fleet Management Division and Police Department(with TNT Wrecker Services for an estimated expenditure in the amount of $17,650) -Resolution No. 00-237 G) Approve the payment of an invoice to West Group for an annual subscription for legal research services (in the amount of$16,560) - Resolution No. 00-238 H) Approve the purchase of properties in the Silver City Addition for the Neighborhood Revitalization Project(Lots 1, 2, 5, and 6,Block 6, 2015 and 2025 011ie Street, from Myrtle Tarver for$10,000)- Resolution No. 00-239 I) Approve the granting of an Oil, Gas and Mineral Lease to Centennial Oil & Gas Investments, Ltd. (for a three-year Primary Term lease agreement at$125 per acre for 300 net mineral acres,or$37,500; 25%royalty) -Resolution No. 00-240 J) Accept maintenance of the street, storm sewer, water and sanitary sewer improvements in Madison Ridge Addition(for Lots 1-12,Block 1 Wellington Place) - Resolution No. 00-241 Councilmember Cokinos moved to approve the Consent Agenda. Mayor Pro Tem Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos, Ames, Samuel and Patterson Noes: None GENERAL BUSINESS Minutes;September 26, 2000;Page 2 1. Consider a request for a zone change from GC-MD(General Commercial-Multiple Family Dwelling) to RS(Residential Single Family Dwelling)District for the former Dick Dowling Jr.High School site at 1300 North Street An ordinance 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 SINGLE FAMILY DWELLING) DISTRICT LOCATED AT 1300 NORTH STREET, BEAUMONT, TEXAS, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY was introduced. Councilmember Samuel commented that he sincerely appreciated staff efforts to move this item forward expeditiously and after verifying that there were no time constraints that would affect this ordinance,he requested that City Council defer this item one week to allow an opportunity to make a presentation at the Dick Dowling Neighborhood Association meeting tonight. 2. Consider a request for a zone change from A-R (Agricultural-Residential) to RM-H (Residential Multiple Family Dwelling-Highest Density) District for a 7.369 acre tract in the 4600 block of N. Major Drive Councilmember Smith moved to approve Ordinance No. 00-79 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 A-R. (AGRICULTURAL- RESIDENTIAL)DISTRICT TO RM-H(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR A 7.369 ACRE TRACT IN THE 4600 BLOCK OF N.MAJOR DRIVE(FM 364)IN BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 3. Consider a request for a specific use permit to allow a transportation company office and company parking lot(separate tracts)with a waiver of the landscaping and screening requirements of Section 30-31 Councilmember Patterson moved to approve Ordinance No. 00-80 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW IN A GC-MD2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT A TRANSPORTATION COMPANY OFFICE LOCATED AT 4120 PRADICE AND A COMPANY PARKING LOT LOCATED AT THE CORNER OF NORA AND GOLIAD (SEPARATE TRACTS),IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Samuel seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None Minutes;September 26, 2000;Page 3 Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 4. Consider a request for a specific use permit to allow a charter school in a CBD (Central Business District) at 1310 Pennsylvania An ordinance ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHARTER SCHOOL IN A CBD(CENTRAL BUSINESS DISTRICT)LOCATED AT 1310 PENNSYLVANIA, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS was introduced. City Attorney Nichols responded to Council questions and concerns regarding the liquor license of the American Legion. Mr. Nichols stated that as long as they continue to renew their present licenses and there are no other changes, they will be no requalification requirements. Mr. Nichols stated that the Alcoholic Beverage Commission allows Council to apply variances to distance requirements. Councilmember Smith moved to approve Ordinance No. 00-81 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHARTER SCHOOL IN A CBD(CENTRAL BUSINESS DISTRICT) LOCATED AT 1310 PENNSYLVANIA, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Ames, Samuel and Patterson Noes: None Abstention: Councilmember Cokinos 5. Consider a request for a specific use permit to allow a mortgage brokerage office in an RCR (Residential Conservation and Revitalization) District at 2495 McFaddin Councilmember Samuel moved to approve Ordinance No. 00-82 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MORTGAGE BROKERAGE OFFICE IN A RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION)DISTRICT LOCATED AT2495 MCFADDIN IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Council member Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 6. Consider a request for an amendment to Section 30-21.2 (h)of the City of Beaumont Zoning Ordinance to place a six month time limit on Certificates of Appropriateness Councilmember Smith moved to approve Ordinance No. 00-83 ENTITLED AN ORDINANCE AMENDING CHAPTER 30, SECTION 30-21.2 (h) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND THE BEAUMONT ZONING ORDINANCE TO PLACE A SIX-MONTH TIME LIMIT ON CERTIFICATES OF APPROPRIATENESS; PROVIDING FOR SEVERABILITY; PROVIDING FOR Minutes;September 26, 2000;Page 4 7. Consider approving an ordinance to allow and provide for a cost of living adjustment(COLA) 30% of the(CPI)for all retirees and beneficiaries of deceased retirees of the City who retired through Texas Municipal Retirement System(TMRS) Councilmember Cokinos moved to approve Ordinance No. 00-84 ENTITLED AN ORDINANCE PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY OF BEAUMONT,AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 8. Consider approving a one-year contract for third party administration of the City's self-funded Point of Service (POS) medical and indemnity dental plans, stop loss and a fully insured Health Maintenance Organization(HMO Blue Texas) Mayor Pro Tem Goodson moved to approve Resolution No. 242 awarding a one-year contract for third party administration of the City's self-fund Point of Service medical and indemnity dental plans, stop loss and a fully insured Health Maintenance Organization(HMO Blue Texas),to Blue Cross and Blue Shield of Texas at a projected annual cost of approximately$7.8M. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Cokinos, Ames, Samuel, and Patterson Noes: None Abstention: Councilmember Smith 9. Consider approving a three-year contract for Basic Life and Accidental Death and Dismemberment (AD&D),Supplemental Life and Accidental Death and Dismemberment(AD&D)and Dependent Life Insurance Councilmember Cokinos moved to approve Resolution No. 243 awarding a three-year contract effective January 1, 2001 for basic life and accidental death and dismemberment (AD&D), supplemental life and AD&D and dependent life insurance to American General Financial Group at a projected annual cost of approximately $72,680. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None Minutes;September 26, 2000;Page 5 10. Consider granting the City Manager authority to implement the contribution rate changes for employees and retirees in the medical plans Councilmember Cokinos requested postponement of the item for additional time to review the cost analysis study for employee benefits. Council consensus was to defer the item for one week. 11. Consider amending Section 21-74 of the Code of Ordinances relating to the authorized number of Grade I Firefighter positions Councilmember Cokinos began discussion by requesting that no fire stations or fire trucks be out of service at any time and stated that three of six positions were eliminated last year by City Council by an ordinance amendment that is still under litigation with the Fire Fighters Union. Mr. Bonczek responded that the issue is in arbitration and the positions were not eliminated, but upgraded for proper supervision. Captain positions were created to adhere to policy guidelines. He reiterated that we maintained the same number of positions and adjusted duties which gave promotional opportunities to the firefighters. Fire Chief Bertrand responded to Councilmember Cokinos questions that a minimum of 50 fire fighters are needed on duty each day to staff all of the departments' equipment, and the Fire Department currently has 70 fire fighters assigned to each daily shift. He said there can be a number of fire fighters off duty on various kinds of leave or for training which could reduce that number. Chief Bertrand commented that if Fire Department staff goes below 47, off duty fire fighters are called to work overtime, and if a unit is taken out of service, there is not an area that is unprotected. (Councilmember Samuel left the Chambers at 2:22 p.m.and returned at 2:24 p.m.during discussion.) Councilmember Ames moved to approve Ordinance No.00-85 ENTITLED AN ORDINANCE AMENDING CHAPTER 21, SECTION 21-74 TO AMEND THE NUMBER OF POSITIONS IN GRADE I IN THE BEAUMONT FIRE DEPARTMENT;PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 12. Consider an ordinance amending Ordinance No. 00-69 relating to the structure located at 955 Nolan (Garage Apartment) Mayor Pro Tem Goodson stated his stand on dilapidated structures, explained that he was contacted regarding this structure because the constituent in Ward IV was unable to reach Councilmember Patterson. Mayor Pro Tem Goodson apologized for not being able to advise Councilmember Patterson of the request before leaving the city to attend a meeting. Councilmember Patterson accepted Mayor Pro Tem Goodson's apology, said she wished the constituent could have contacted her and stated that her constituents are her number one concern. Minutes;September 26, 2000;Page 6 Councilmember Patterson confirmed that the owners would be given ninety days to rehabilitate the structure at 955 Nolan. Councilmember Smith moved to approve Ordinance No.00-86 ENTITLED AN ORDINANCE AMENDING ORDINANCE NO.00-69,BEAUMONT,TEXAS,JEFFERSON COUNTY,TEXAS, TO ALLOW THE PROPERTY AT 955 NOLAN (GARAGE APARTMENT) TO BE REHABILITATED; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL;AND PROVIDING FOR A PENALTY. Mayor Pro Tem Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None COMMENTS * Councilmembers comment on various matters Councilmember Samuel announced a Ward III Advisory Council meeting to be held Thursday at 6:30 p.m. at the Willard Library to discuss street rehabilitation, rezoning of the former Dick Dowling school site and Avenues zoning items. He requested staff investigate a fire hydrant water leak at the corner of Karlette Lane and Audree. Councilmember Patterson announced that the South Park Neighborhood Association meeting will be beheld Thursday at 6:30 p.m. at the South Park Baptist Church, the Tyrrell Park Neighborhood Association meeting will be held Monday at 7:00 p.m. at the Tyrrell Park Elementary School, and Operation One Vote in conjunction with the League of Women's Voters will sponsor a "Meet the Candidates" forum from 1:00 p.m.to 4:00 p.m. at the L.L.Melton Y.M.C.A on Saturday,and a voter registration drive will be held at local Market Baskets and Lucky 7's grocery stores. * City Manager's Report - 2000 ICMA Conference, Creation of Storm Water Utility, Water and Wastewater Rates, City Internet Web Page, Cellular Telephone Analysis and 2000/2001 Broadway Series City Manager Bonczek recommended creation of a storm water utility citizen advisory committee to provide input,help educate the community, and address needs of the drainage system. Mr.Bonczek commented on the water and wastewater rate study to accommodate $l OOM of improvements over the next ten years. He recognized the efforts of Water Utilities Manager Joseph Majdalani and staff, Public Works Director Tom Warner,and Finance Director Beverly Hodges,on their collaboration with the consultant to save $17,000 on the study. The City Manager commented about the Lamar University improvement plan and stated that the City is focusing its efforts on the Martin Luther King Parkway which is a Texas State Highway. He stated that an enhancement program was discussed with TxDot District Engineer Walter Crook, and staff will be submitting grant applications through the twenty-first century program(T-21)which includes beautification and landscape activities. Mr. Bonczek complimented the impressive,updated City website and commended Information Services Manager Phyllis Boudreaux and I.S. staff members Vickie Thibodeaux, Jeff Ross, and Jeff Downs. He also recognized and commended Purchasing Manager Brenda Beadle and Buyer II Eva Jo Scott, under the direction of Central Services Director Kirby Richard, for their efforts in conducting a Minutes;September 26, 2000;Page 7 cellular telephone analysis which prompted securing a better rate for high volume users that will save the City approximately $40,000 a year. Mr. Bonczek reported success of"The Music of Andrew Lloyd Webber"production and thanked Hibernia Bank and Entergy for sponsorship. He announced that the next show,"Man of La Mancha,"will be held October 30,2000. The City Manager requested Council submission of potential members for the Economic Development Committee. Mayor Moore announced that a tour that included Municipal Court and an exchange luncheon was held today with three Russian judges and Municipal Court judges at the Art Museum. He complimented Councilmember Smith for making the arrangements. Also,he complimented staff for scheduling representatives from Senator Kay Bailey Hutchinson's and Senator Phil Gramm's offices to discuss issues of funding and joint agreements regarding water and wastewater improvements, widening and deepening the navigational district,and funding of urban parks. Present at the meeting were members of Council,members of the Chamber of Commerce,the Economic Development Team, the Navigation District, the Port Authority and Port Commission. Mayor Moore extended congratulations to Vic Rogers for the auditorium of the Jefferson Theater being named after him and thanked those individuals of our community who worked and partnered with the City to leverage contributions and begin restoration of the landmark theater. Mayor Moore also reported visiting Woodrow Wilson School yesterday for a press conference for the announcement of the Texas Tobacco Prevention Initiative Kickoff funded by the Texas tobacco settlement to encourage young people not to start smoking and to prevent 26,000 lives lost each year by using tobacco products. Mayor Moore asked citizens of Beaumont to help him win a challenge made with the mayor of Port Arthur for a larger number of people to stop smoking in our city during the next nine weeks. * Public Comment (Persons are limited to three (3)minutes) Mr. Bill Proctor, 4340 Westridge, addressed Council regarding difficulty hearing discussion of Agenda Item Number 10 and requested someone to reiterate the decision. Mayor Moore responded that the item was deferred and will be considered next week. Ms.Peggy Pierre, 1220 Avenue F,addressed Council regarding not hearing Councilmember Smith's reason for abstaining on the vote for Agenda Item Number 8 and City employees' response to questions. Ms. Pierre spoke of the diversity of her neighborhood, suggested that correspondence be sent in English and Spanish and voiced concern that Spanish speaking residents were not able to understand terms and phraseology in notices sent relative to a Planning and Zoning public hearing. She also commented about Council agendas only being printed in English and expressed appreciation for other efforts. Mayor Moore voiced appreciation to Ms. Pierre for bringing matters to Council's attention, and Councilmember Smith responded to Ms.Pierre's question that is she is employed by Blue Cross Blue Shield, and that she felt it was a conflict of interest to vote on the item. Mr.Leroy Lewis III,addressed Council to question the Mayor's plans to fix some of the streets in his area and Council relationships, said he thinks we need minority City planners,questioned water bill changes and told of his water being turned off,requested police protection because of the crime rate, and claimed the site of the former Dick Dowling school is in a bad area for construction of new homes. Minutes;September 26, 2000;Page 8 Mr.Gary Richardson,9090 Riggs,addressed Council regarding industrialized housing at 9095 Riggs, and said he and his neighbors are very disappointed the City is allowing this type of construction in the City of Beaumont. Mr. Richardson said they are concerned about the affect on their property values and overall appearance of the structure to their neighborhood and questioned if a City ordinance had to be changed to allow this type of structure to be constructed and if there could be neighborhood notification. Mr. Richardson stated that the Department of Licensing and Regulations in Austin approved industrial homes, and he felt this structure is a mobile home without wheels. Mayor Pro Tern Goodson apologized to Mr.Richardson for not returning his telephone call and said he and Councilmember Smith were in a Texas Municipal League meeting in Austin at that time. At the meeting, one of the programs discussed was the City's right to control development of manufactured homes. He said the Manufactured Homes Association is moving to propose legislation that would diminish more of cities' opportunity to control location of manufactured homes. Councilmember Smith commented that there is a lack of affordable housing. Developers feel that manufactured housing is a solution, and the City would like to control what comes into our area and hopes they will have influence on legislation. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: June Emerson v. City of Beaumont Golden Triangle Paper Stock Co., Inc. d.b.a. Gulf Coast Recycling Co. * 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 3:07 p.m. David Moore,Mayor Barbara Liming, City Clerk Minutes;September 26, 2000;Page 9