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HomeMy WebLinkAboutMIN FEB 26 2002 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith DAVID W. MOORE, MAYOR Guy N. Goodson, Mayor Pro Tern Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J. Patterson February 26,2002 Audwin Samuel Lane Nichols, City Attorney Stephen J. Bonczek, City Manager Lolita Ramos, Interim City Clerk The City Council of the City of Beaumont,Texas, met in a regular session on February 26,2002, atthe City Hall Council Chambers,801 Main Street, Beaumont,Texas,at 1:30 p.m.to considerthe following: OPENING * Invocation Pledge of Allegiance Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items * Consent Agenda Mayor Pro Tern Goodson called the meeting to order at 1:35 p.m. The Reverend Mark Gibson, Pastor ofthe First Reformed Presbyterian Church,gave the invocation. Christopher Forrester and Matt Parker from Trinity United Methodist Church Boy Scout Troop No. 177, led the pledge of allegiance. Present at the meeting were: Mayor Pro Tem Goodson,Councilmembers Smith,Cokinos,Samuel, and Patterson. Mayor Moore and CouncilmemberAmes were absent. Also present were Stephen J. Bonczek, City Manager;Lane Nichols,City Attorney;Lolita Ramos, Interim City Clerk;and Terri Hanks, City Clerk Administrative Assistant. * Presentations and Recognitions Fire Chief Micky Bertrand,Administrative Assistant Barbara Otto,and Beaumont Mainstreet Executive Director Carolyn Howard announced New York firefighter Thomas Sullivan and his wife, Sue,will be visiting Beaumont March 1 through March 4,and the U.S. Conference of Mayors and New York City is co-sponsoring "Cities Unite America to Thank New York Firefighters" event with 200 New York firefighters visiting cities throughout America. The Fire Chief extended invitations to welcome the firefighter with his arrival Friday,March 1,at 4:15 p.m. atthe Jefferson County Airport and a"Tribute to Heroism"at 6:00 p.m.on the steps of the Julie Rogers Theaterwith a performance by the Beaumont Music Commission to honor all emergency workers, a groundbreaking ceremony for the September 11, 2001 Memorial Garden on Saturday,March 2,at 10:00 a.m.atthe Beaumont Botanical Gardens, and a groundbreaking ceremony of the Firefighters Memorial Plaza in memory of firefighters who have lost their lives on Monday, March 4, at 9:00 a.m. at the Fire Museum of Texas. Mayor Pro Tern Goodson encouraged the public to attend the events to welcome Mr. and Mrs. Sullivan to the community,and announced Mayor Moore is attending an International Trade Mission and Councilmember Ames is receiving a business award. Public Comment: Persons may speak on scheduled agenda items. Mr.William Lee,4685 Ford Street,addressed Council to speak in opposition of Agenda Item No. 1,spoke of repeated city interventions for jurisdiction overfuel matters, the Public Utility Commission (PUC) having original jurisdiction over Entergy Gulf States, Inc.'s (EGSI's) applications to revise its'fuel factors and to surcharge the recovery of fuel,and that the PUC makes the decisions regarding fuel matters regardless of the city's resolution to participate in the hearings. Mr. Lee discussed the fuel factor reconciliation process under Senate Bill 7,Texas deregulation,and PUC rules,and requested rejection of the resolution because of attorney's costs associated with the resolution being passed on to customers. Ms. Christina Delgadillo,on behalf of the Crockett Street Development Project,addressed Council for consideration and approval of tax exemption.Ms.Delgadillo stated the money saved from the tax exemptions will be reinvested in aesthetic features of the buildings and in Riverfront development, and spoke of recent trolley purchases and plans for purchasing additional trolleys. She added the project will be an asset to Beaumont and extended appreciation for Council support. Consent Agenda Approval of minutes - February 12, 2002 Confirmation of committee appointments - No appointments made. A) Approve the purchase of a track hoe (from CLM Equipment Co., Inc. in the amount of $186,520) for use in the Water Utilities Division - Resolution No. 02-037 B) Approve the waiver of penalty and interest in the amount of$295.66 for Magnolia Missionary Baptist Church - Resolution No. 02-038 C) Authorize Hibernia National Bankto release a security(with a marketvalue of$4,030,288) as collateral for City accounts - Resolution No. 02-039 D) Approve a resolution amending authorized representatives (Stephen J. Bonczek, City Managerand Kandy Daniel,Treasurer) forthe Local Government Investment Cooperative (LOGIC) , a public funds investment pool - Resolution No. 02-040 E) Authorize the City Managerto execute a deed conveying property(Lots 25 and 26,Block 12 of the Booker Heights Addition -2620 -2590 Harriot Street)to the Beaumont Community Housing Development Organization, Inc. - Resolution No. 02-041 F) Approve a resolution amending authorized representatives (Stephen J. Bonczek, City Manager and Kandy Daniel,Treasurer)forthe Texas Local Government Investment Pool (TexPool), a public funds investment pool - Resolution No. 02-042 G) Approve a contractforthe purchase of automotive batteries(with Interstate Batteries foran estimated total annual expenditure of$22,821.27) - Resolution No. 02-043 Minutes February 26,2002 Page 2 H) Approve a resolution deleting the previous Finance Officer as an authorized signatory on all city accounts - Resolution No. 02-044 1) Approve a resolution authorizing the City Manager to execute a contract for the Water Line Replacement of Small Diameter Mains Contract-I(with Kinsel Industries,Inc.in the amount of$262,490) - Resolution No. 02-045 J) Authorize the City Manager to execute an agreement with Slamback Partners and Trinity Industries, Inc. to use a portion of their property for the Marina Drive detour(during the installation of a 48-inch raw water transmission line) - Resolution No. 02-046 K) Authorize the settlement of a lawsuit (with Doris Marie Martin in the amount of$9,000) - Resolution No. 02-047 Cou ncilmember Coki nos moved to approve the Consent Agenda. Council member Samuel seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson,Councilmembers Smith,Cokinos,Samuel, and Patterson Noes: None GENERAL BUSINESS 1. Consider authorizing the City of Beaumont to intervene before the Public Utility Commission in various fuel cases to be filed in the future. City Attorney Lane Nichols acknowledged issues conceming the purchases of Entergy Gulf States, Inc.'s powerduring the blackout period that were very expensive and purchased from an affiliate of their company when there was 30%of River Bend Nuclear Plant available to provide power,and discussed the success of intervention having the purchase of power costs excluded. The City Attorney stated the Public Utility Commission has jurisdiction to set fuel factors, and the City is allowed to participate fully in these cases and it was with that participation that led to a more accurate determination of fuel factors and reconciliation amounts. Mr. Nichols confirmed it is not the City's position to take the place of the Public Utility Commission and the resolution provides intervention through calendar year 2002. Councilmember Samuel moved to approve Resolution No.02-048.Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson,Councilmembers Smith,Cokinos,Samuel, and Patterson Noes: None 2. Consider a request for a modification to the previously approved partial tax exemption for 232-275 Crockett and 373-375 Pearl to allow the tax exemption at 100% of the pre- renovation value for a period of ten (10) years. Minutes February 26,2002 Page 3 Councilmember Smith moved to approve Resolution No.02-049. Councilmember Samuel seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson,Councilmembers Smith,Cokinos,Samuel, and Patterson Noes: None 3. Consider approving a resolution authorizing the City Manager to execute a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract - V. Councilmember Cokinos moved to approve Resolution No. 02-050 awarding a contract with Horseshoe Construction, Inc. in the amount of$535,983.50. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson,Councilmembers Smith,Cokinos,Samuel, and Patterson Noes: None Councilmember Samuel requested a re-evaluation of the Minority Business Enterprise policy. 4. Consider a request to amend the 1998-2001 Consolidated Grant Programs by reprogramming $168,772.31, from various unused line items to reimburse the City of Beaumont's Public Works/Engineering Division budget for improvements to Mary Street. Councilmember Samuel moved to approve Resolution No. 02-051. Councilmember Patterson seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson,Councilmembers Smith,Cokinos,Samuel, and Patterson Noes: None 5. Consider authorizing the City Manager to execute an Industrial District Contract with Trinity Industries. Councilmember Cokinos moved to approve Resolution No.02-052. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson,Councilmembers Smith,Cokinos,Samuel, and Patterson Noes: None 6. Consider amending Section 21-75 of the Code of Ordinances relating to authorized positions in the Police Department. Minutes February 26,2002 Page 4 Councilmember Cokinos stated his concerns regarding the destruction of incentives and morale,the lack of promotions of the captain and sergeant ranks, recruiting difficulty, and requested additional information. Council moved to delay an ordinance ENTITLED AN ORDINANCE AMENDING SECTION 21-75OF THE CODE OF ORDINANCES TO AMEND THE GRADE I AND GRADE III POSITIONS IN THE BEAUMONT POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL to obtain additional information. ITEM DEFERRED 7. PUBLIC HEARING: Dilapidated Structures Consider an ordinance declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by the owners and authorizing the removal of certain other structures whose owners failed to comply with condemnation orders. Ordinance No.02-011 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND/OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY was introduced. The below listed structures have been condemned by the City Council and owners are ordered to either raze or repair them within specified time frames. Reinspection of these structures has revealed a noncompliance with the Council's order. Authorization is requested from the City Council to order the owner to either demolish or repairsuch structure within ninety(90)days or allow the Cityto demolish the following one(1) structure immediately without further notification to the owners: 3280 Christopher- 011ie Ruth Haynes, owner. Authorization is requested from City Council to declare the thirty-three (33) below listed structures to be dangerous structures and orderthe owners to raze such structures with ten (10) days. If the owner fails to comply within ten (10) days, staff requests City Council's authorization to allow the City to demolish these structures without further notification to the property owner or City Council action: 4350 Agnes -Jessie Harris,owner;2595 Atlanta-Leo&Rosemary Mouton,owner; 1620 Avenue I-Melvin H.Block,owners;2255 Beatrice-Tommy Holmes,owner;4325 Beverly- Ezekiel Johnson ET AL, owner; 3075 Charles - Opal Springfield ESTATE, owner; 1472 Concord Road-Dickson Investment Co. c/o William S. Dickson, owner; 3107 Crockett- Edmond &Viola Goolsbee c/o James Gollsbee,owners; 3062 Elinor-Travis C. Graham, owner;3068 Elinor-Travis C.Graham,owner;2020 Fillmore(Rear Structure) -Christian Faith Baptist Church of Jesus Christ,owner;11135 Fleming Lane-James C.Long,owner; 11215 Fleming Lane - Mary McCartney c/o James C. Long, owner; 753-55 Goliad - Marlene F. Rone, owner; 2990-92 Goliad (Duplex)- Dolores Giles, owner; 2042 Grand- Gerald Eubanks/Dovie Eubanks,owners;2995 Hebert and rear structure-Homebuyers Solutions LC, owner; 7990 Homes Drive - Evelyn H. McGown ESTATE, owner; 3840 Ironton-Lynn Strahan,owner;8225 Jamestown-George R. Murray,owner;2493 Jirou (Multi-Structure)-Harold Zeno&Katherine Jones,owners;4141 Kenneth-Samuel Blood, owner;4165 Lackner-Frances F. Fenner,owner;2120 Nora-La Shrundra Wilson,owner; 1250 Oregon (Garage) - Paul Kulish, owner; 5355 Pine Burr Blvd. - Glenden W. Fink, Minutes February 26,2002 Page 5 owner;2395 Poplar(Commercial)-David R. Leaven, owner; 1608 Port-Jimmie Joseph Mott ET UX, owner; 3405 Roland Road- Mid-American Properties, Inc., owner; 655 San Jacinto(Commercial/Rice Dryer)-American Rice Growers Co-Op,Jefferson County Tax Office,owners;2050 Toledo-Herford Callender c/o Helen C.Wilson,owner;10570 Vinson -Annie Pearl Nimer ESTATE c/o Ralph Jester,owner;3670 Youngstown(Garage)-Harry Broussard, Jr., owner. The public hearing opened at 2:15 p.m. Mr. Gerald Eubanks, 2510 Houston Street, addressed Council regarding the structure at 2042 Grand Street,stated the structure has waterdamage,the roof and windows are in need of repair, no termites. Mr. Eubanks stated the structure is sound, and his intentions of re- roofing,installing new windows,and correct the condition of the porch. He added repairs will be expensive and requested time to make the repairs to bring the structure to code. Mr.James Long,addressed Council in support of demolishing the structures at 11135 and 11215 Fleming Lane and stated he will be removing personal property from the structures. Mr. David Ray Leaven, 2395 Poplar Street, addressed Council regarding the structure adjacent to his home, acknowledged the adjacent structure should be demolished and requested that he perform the demolition. Discussion included concerns regarding whether the property was classified as commercial or residential,asbestos abatement,and a portion of the structure being occupied.Council action was deferred for one week to determine the property classification and verification of occupancy. The Reverend Jimmie Mott, addressed Council regarding the structure at 1608 Port to request time to complete the repairs, commented there was a lack of funds during the start of renovations and is now ready to finish the house,and spoke of a contract detailing repairs. Mr.Roland P.Kulish,5075 Heisig Street,addressed Council representing his elderly mother, Katherine C. Kulish, concerning a storage shed located in the rear of 1250 Oregon Street, stated there was storm damage from a fallen tree limb and requested to enroll in a work program to complete the repairs in sixty days. There being no one else desiring to speak, the public hearing was closed at 2:45 p.m. Mayor Pro Tern Goodson recapitulated the recommendation from Council is to remove the structures at 2042 Grand,1608 Port,and 3280 Christopher from the raze order and place it on a raze or repair order with a 90-day extension to develop a work program,the structure at 1250 Oregon (Garage)from the raze order and place it on a raze or repair order with a 60-day extension to develop a work program,the structure at 2395 Popular(Commercial) will be deferred for one week and all other structures remain at their respective status. Councilmember Cokinos moved to approve Ordinance No.02-011 with the above stated amendment. Councilmember Samuel seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson,Councilmembers Smith,Cokinos,Samuel, and Patterson Noes: None Minutes February 26,2002 Page 6 Councilmember Cokinos requested Demolition Field Supervisor Pam Loiacano to investigate a burned structure at 1100 West Lucas and Gladys. WORK SESSION * Discuss the 2002 Strategic Action Plan Priority Initiatives City Manager Bonczek opened for discussion the draft 2002 Strategic Action Plan Priority Initiatives, which includes items from the 2001 plan and new initiatives discussed at the Partnership and Governance meeting, and stated the plan is categorized by strategic directions to build and diversify the economic base, revitalize neighborhoods, improve the visual appearance of the City, and maintain financial stability. Mayor Pro Tern Goodson stated his concerns with issues regarding time and costs for the submission of an application for the 2002 National Civic League All-American City Award, and suggested evaluation of the expense. City Manager Bonczek reported the application is in the process of being finalized, community leaders assisting and hoped for community support, and there are travel expenses as a finalist, and stated his agreement of being conscious of controlling costs. Mayor Pro Tern Goodson extended his appreciation for the plan which portrays an idea of setting ambitious goals. He spoke of attending a meeting with the Mayor, City Manager, Lamar University President, Dr.Jimmy Simmons,and a group of Lamar University executives and community leaders. Mayor Tern Goodson stated discussions included working towards better collaboration for improvements to the M.L. King Parkway, working with TxDOT for funding assistance forthe visual appearance of both ends of the M.L.King Parkway,aswell as, the gateways of the University, and the City is partnering with Lamar University by providing an architect for landscape design. COMMENTS * Councilmembers comment on various matters Councilmember Patterson announced the South Park Neighborhood Association will meet Thursday,at 6:30 p.m.atthe South Park Baptist Church and the Tyrrell Park Neighborhood Association will meet next Tuesday at 7:00 p.m. at the old Tyrrell Park Elementary School. Councilmember Cokinos reminded Demolition Field Supervisor Pam Loiacano to investigate the burned structure at 1100 West Lucas and Gladys. Councilmember Samuel extended appreciation to Executive Assistant to the City Manager/Economic Development Director Kyle Hayes forthe railroad negotiations update, the relocation of the railroad track, and the status of Long Street, and to Public Works Director for addressing and correcting a problem with a water line. He discussed negotiations with railroad companies regarding the total relocation of the switching yard which would impact their continuance of utilizing the railroad tracks on Long Street. Minutes February 26,2002 Page 7 Public Works Director Tom Warner spoke of discussions with Santa Fe and stated the company has indicated it is their intention at some point in time to entirely remove the railroad tracks on Long Street. Councilmember Samuel stated his appreciation for the efforts that have been made, requested assurance that the matterwould not linger,and stated understanding the safety and health concerns of the community. He emphasized having reasonable expectations for the residents living on Long Street as to the length of time for negotiations, taking a firm stand,and suggested ceasing any vague promises, but taking a firm position to ensure the matter is resolved. Mayor Pro Tern Goodson reiterated the times and locations for the visit from New York City Firefighter Thomas Sullivan: Friday, March 1 at 7:00 p.m. on the steps of the Julie Rogers Theater; Saturday, March 2 at 10:00 a.m. at the Botanical Gardens at Tyrrell Parks; and Monday,March 4,at 9:00 a.m.at the Firefighter Memorial Plaza. He encouraged citizens to recognize Firefighter Sullivan on behalf of the New York Fire Department. City Manager's Report-R.C. Miller Library Update;Theodore R.Johns,Sr. Branch Library; Status of Budget Personnel Reductions/Additions FY 1999-02; Election Sign Regulations; Sales Tax Update; A Tribute to Heroism In a continuing effort of controlling budget costs,City Manager Bonczek reported vacancies were analyzed,almost$2 Million in vacancy costs have been eliminated since 1999 and of that amount$1.4 Million was in the General Fund. Mr. Bonczek stated new positions have been added during this time to bolster the EMS and Water Utility Departments with an approximate net saving of$600,000 to the General Fund. The City Manager acknowledged the tremendous cost impact and assured continuance of cost controls, and added the restructuring of the Police Department is part of the process. Mayor Pro Tern Goodson spoke of community discussion regarding election signs, and citizens having the right to express their support for candidates on commercial and residential properties. For the record,Mayor Pro Tern Goodson,stated he has nevertold a staff person not to regulate any sign ordinance, and encouraged the City to regulate all of the current ordinances and suggested attention be made if there are any irregularities. Mayor Pro Tern Goodson acknowledged the issue was primarily concerned election signs located in right-of- ways, and suggested revisiting the ordinance regulations concerning size of signs and providing up-to-date information for candidates to avoid being accused of not taking an active policy of enforcing ordinances. Public Comment (Persons are limited to three (3) minutes). No one wished to comment. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Rates of Entergy/ Gulf States, Inc. Minutes February 26,2002 Page 8 There being no further business, the meeting adjourned at 3:06 p.m. - SJ � Guy N. Goodson, Mayor Pro Tern Lolita amos, Interim City Clerk Minutes February 26,2002 Page 9