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HomeMy WebLinkAboutMIN DEC 21 1999 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith DAVID W. MOORE, MAYOR Andrew P. Cokinos Guy N. Goodson CITY COUNCIL MEETING Becky Ames Bobbie J. Patterson December 21, 1999 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 December 21, 1999, 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 - Presentation from Entergy * Public Comment: Persons may speak on scheduled agenda items * Consent Agenda Mayor Moore called the meeting to order at 1:35 p.m. Mr. Keith Collier, Youth Minister at Liberty Baptist Church in Bridge City and a Lamar University student, gave the invocation. Councilmember Audwin Samuel led the pledge of allegiance. Present at the meeting were: Mayor Moore, Councilmembers Smith, Cokinos, Ames, and Samuel. Councilmembers Goodson and Patterson were not present. Also present were: Stephen J. Bonczek, City Manager; Lane Nichols, City Attorney; and Barbara Liming, City Clerk. *Presentations and Recognitions - No proclamations were issued. After acknowledging Entergy's pleasure in participating in the summer youth employment program this past year, Mr. Greg Shepherd, 7880 Stone Circle, a representative of Entergy, presented a check in the amount of$10,000 from Entergy to the City of Beaumont to be used for the program next summer. Mr. Shepherd said he hopes their early involvement will encourage other companies and businesses to consider participating in this worthwhile project. *Public Comment: Persons may speak on scheduled agenda items. Citizen comment was invited on the Consent Agenda and Regular Agenda items. Mr. Allen Lee, 5095 Maddox, with the assistance of an unidentified male citizen presented a subpoena to Councilmember Becky Ames to appear in court on December 22, 1999. Mr. Lee addressed Council to comment about items placed on the Consent Agenda without sufficient information, his intent to file a complaint in court, the City's travel policy, and said the public perceives a cloud of corruption upon City Council. * Consent Agenda * Approval of the minutes of the regular meeting held December 14, 1999. * Confirmation of committee appointments - No appointments made A) Approve the purchase of twenty-five pursuit vehicles for use in the Police Department (Through the Houston-Galveston Area Council, in the amount of$496,289.58)- Resolution 99-375 B) Approve the purchase of one track dozer for use in the Clean Community Department (from Mustang Tractor & Equipment in the amount of$275,191) - Resolution 99-376 C) Approve the purchase of one diesel powered cab and chassis equipped with a forty-five cubic yard trailer for use in the Clean Community Department (2000 International cab and chassis from Olympic International Trucks in the amount of$68,019.66; and one forty-five (45) cubic yard trailer from UTEC in the amount of $33,260) - Resolution 99-377 D) Approve the purchase of two utility vehicles for use in the Public Works Department, Water Utilities Division (from Eastex Farm and Home of Beaumont, in the amount of$15,470.48) - Resolution 99-378 E) Authorize the acceptance of a water line easement (from Beauport Partners, ten foot wide water line easement, out of the F. Bigner Survey, Abstract 1, 4630 Collier Road)- Resolution 99-379 F) Approve a change order relating to the Sanitary Sewer Rehabilitation of Small Diameter Mains - Contract 1 and authorize final payment (change order in the amount of$2,000, final payment to Brystar in the amount of$6,280.90) - Resolution 99-380 G) Approve the sale of City owned surplus properties (Part of Lot 8, and the east portion of Lots 9, 10, 11, 12 and 13, Block 1, Calder Highlands Addition (.75 acre), to Darlene Hanna of Winnie, for the sum of$20,000 - Resolution 99-381; West Portion of Lots 9, 10, 11, 12 and 13, Block 1, Calder Highlands Addition (.50 acre) to Shirley Reese, for the sum of$13,100 - Resolution 99-382; Part of Lot 1, Frazier Place Addition (.20 acre) to William H. Hale, for the sum of$4,125 - Resolution 99-383 ; and Part of Lot 21, Frazier Place Addition (.021 acre) to J. Warren Fontenot of Beaumont for the sum of$3,755) - Resolution 99-384 Councilmember Smith moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Cokinos, Ames, and Samuel Noes: None In response to Mayor Moore's query regarding posting of the Consent Agenda, City Attorney Lane Nichols stated that the entire agenda, under the Open Meetings Act, is required to be posted in a public place. Mr. Nichols stated that the agenda is posted inside City Hall on the bulletin board, and on the outside bulletin board attached to City Hall, which makes it available for viewing 24 hours a day. Mr. Nichols said the law requires posting of items to be considered, not every piece of backup information. He said a complete copy of the agenda is available in the City Clerk's office, copies are available for the media, and Council receives a copy. Minutes;December 21, 1999;Page 2 GENERAL BUSINESS 1. Consider authorizing the City Manager to execute an agreement with the Texas Department of Transportation (TXDOT) for construction of frontage roads on IH-10 from Walden Road to FM 364 (Major Drive) Councilmember Smith moved to approve Resolution No. 99-385 authorizing the City Manager to execute an agreement with TXDOT for construction of frontage roads on IH-10 between Walden Road and FM 364 (Major Drive). Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Goodson, Cokinos, Ames, and Samuel Noes: None 2. Consider approving an amendment to Section 21-75 of the Code of Ordinances relating to authorized positions in the Police Department Councilmember Ames moved to approve Ordinance No. 99-98 ENTITLED AN ORDNANCE AMENDING ORDINANCE 9945 TO AMEND THE GRADE I AND GRADE II POSITIONS IN THE BEAUMONT POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Cokinos, Ames, and Samuel Noes: None 3. Consider authorizing a partial historical tax exemption for 232-260 Crockett Street, 373-375 Pearl Street Councilmember Cokinos moved to approve Resolution No. 99-386 Authorizing a partial tax exemption for 232-260 Crockett Street and 373-375 Pearl Street. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Cokinos, Ames, and Samuel Noes: None 4. Consider a resolution authorizing Councilman Audwin Samuel to represent persons charged with a crime by the Beaumont Police Department Councilmember Cokinos moved to approve Resolution No. 99-387 authorizing Councilmember Audwin Samuel to represent persons charged with a crime by the Beaumont Police Department. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Cokinos, and Ames Noes: None Abstention: Councilmember Samuel Minutes;December 21, 1999;Page 3 5. Consider an ordinance amending Chapter 20, Article II. Civic Center Complex, of the Code of Ordinances. Councilmember moved to approve Ordinance No. 99-99 ENTITLED AN ORDINANCE AMENDING CHAPTER 20, ARTICLE II, SECTIONS 20-20, 20-21, 20-22, 20-26, 20-28 AND 20-33. PROVIDING FOR CHANGES TO THE DEFINITIONS; PROVIDING FOR THE INCREASE IN RENTAL RATES; PROVIDING FOR TECHNICAL CLARIFICATIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL; AND PROVIDING A PENALTY Councilmember Samuel moved to approve the ordinance. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Cokinos, Ames, and Samuel Noes: None 6. Consider a resolution adopting a write-off policy for delinquent accounts Councilmember Cokinos moved to approve Resolution No. 99-388 adopting a write-off policy for delinquent accounts as presented. Councilmember Samuel seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Cokinos, Ames, and Samuel Noes: None COMMENTS * Councilmembers comment on various subjects Councilmember Smith extended holiday greetings to everyone. Councilmember Cokinos recommended possible changes he would like to see made to the SOB (Sexually Oriented Business) ordinance, spoke of being distressed about the District Attorney supposedly contacting Councilmembers regarding weaknesses in the city's current sexually oriented business ordinance, commented about allegations that the ordinance was drafted by an attorney in Houston with ties to sexually oriented businesses in Beaumont, and asked the City Attorney to explain steps being taken to address this issue. Mr. Nichols listed provisions of a rough draft of an amended SOB ordinance received from the Legal Advisor for the Police Department, and commented that the statement regarding an attorney from Houston drawing up the original ordinance is incorrect. Mr. Nichols stated that he drafted the ordinance and made the changes that were recommended by Council. He said the County's ordinance will not be used as a model because in many ways it is inferior to the City's ordinance. Mr. Nichols spoke regarding problems at Peepers (an adult book store), stated that he believes that the ordinance was tainted by the activities of Councilmember Davis, said this should be looked at seriously as it deals with constitutional rights, and stated that a revised ordinance will be presented to Council for consideration in January. Minutes;December 21,1999;Page 4 Councilmember Ames stated that she was under the impression that the SOB ordinance would be reviewed early next year, as stated by the City Attorney, said she was not contacted by the District Attorney, agreed that this issue needs to be addressed, and wished everyone happy holidays. Councilmember Samuel stated that the gift has already been given, and wished everyone Merry Christmas and a prosperous New Year. Councilmember Smith added that the District Attorney has never contacted her. Councilmember Samuel told Council that he has had communication with the District Attorney prior to his appointment as a Councilmember. * City Manager's Report The City Manager reported on the status of EMS initiatives and participation of private providers, across the board budget cuts, Transit System allocations, stated that Central Services Director Kirby Richards is investigating ways to improve energy control and operations in city buildings, delay of the joint Council/Planning Commission meeting to discuss the Major/Gladys/Dowlen sign overlay district and announced a tentative meeting scheduled for January 5, 2000 at 3:00 p.m. with the sign companies and the development community, and a joint meeting scheduled with Council on January 19, 2000. The City Manager also reported that the Salvation Army has requested an additional $48,000 to finish two transitional family facilities, and stated that this information will be brought back to Council for approval, and wished everyone a happy holiday season. * Public Comment (Persons are limited to 3 minutes) Mr. Don Labiche, a representative for the Salvation Army, addressed Council to outline the work that has been done on the transitional family facilities, spoke of code requirements mandating extreme rehabilitation of the structures, told how families are now being housed, and thanked Council for their assistance. Mayor Moore thanked everyone for a very successful year, stated his respect for Council because of their loyalty and the confidentiality of items that must be addressed, and commented on the Council's challenge being to take care of the City's business. Mayor Moore stated that the Council will readdress the SOB ordinance during the first part of the new year, spoke of a lengthy conversation with the police chief regarding a first draft, thanked Entergy for thinking about the future and the youth of the City, spoke of other initiatives being addressed regarding the youth and bringing neighborhood organizations together, and spoke of being proud of what has been accomplished over this past year. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Police Sick Leave Arbitration Allen Lee et al v. City of Beaumont et al Minutes;December 21, 1999;Page 5 There being no other business, the meeting adjourned at 2:16 p.m. David Moore, Mayor l Barbara Liming, City Cler Minutes; December 21,1999;Page 6