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MIN JULY 15 2003 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith EVELYN M. LORD, MAYOR Nancy Beaulieu Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames, Mayor Pro Tern Bobbie J. Patterson July 15, 2003 Audwin Samuel Lane Nichols, City Attorney Kyle Hayes, City Manager Susan Henderson, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on July 15, 2003, 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 Evelyn Lord called the meeting to order at 1:32 p.m. City Attorney Lane Nichols said the invocation. City Clerk Susan Henderson led the Pledge of Allegiance. Roll call was also made by the City Clerk. Present at the meeting were Mayor Lord, Mayor Pro Tern Ames, Councilmembers Smith, Cokinos, and Samuel. Also present were Kyle Hayes, City Manager; Lane Nichols, City Attorney; Susan Henderson, City Clerk; and Betty Braxton, Deputy Clerk. Councilmember Bobbie Patterson and Councilmember Nancy Beaulieu were absent from the meeting as each was out of town. Proclamations, Presentations, Recognitions • Adina Abshire, who is an employee of the City as well as a member of the Historic Landmark Commission, presented Councilmembers with a new Historic Beaumont Tour Brochure. The brochure contained pictures of historic landmarks within the City, as the brochure maybe used as driving tour guide of historical homes. Marie Broussard, another member of the Historic Landmark Commission was also present. Public Comment: Persons may speak on scheduled General Business Agenda Items 2-7 or on the Consent Agenda. Roberto Flores 2425 Buchanan Beaumont, TX Mr. Flores addressed Council in reference to Item A on the Consent Agenda as it related to Council considering authorizing the City Attorney or his designee to file and prosecute a lawsuit against Matthew Davis, Sr. and Dolores Davis dba Youth Rescue Mission to terminate an alleged zoning violation at 1930 Franklin Street in Beaumont, Texas. Mr. Flores expressed his overwhelming support for the approval of this agenda item. He stated the surrounding neighborhood had complained about the poor operation of this facility as well as the illegal activities that have occurred on the premises of the Youth Rescue Mission for the past few years. Mr. Flores also expressed the concern he and others have had concerning the disregard Mrs. Davis has exhibited in not following City code and other mandates as required to operate a successful Mission of helping the plight of the homeless and those in need. CONSENT AGENDA Approval of minutes - Minutes of July 15, 2003 Confirmation of committee appointments - RESOLUTION 03-140 Steve McGrade would be appointed to the Parks and Recreation Advisory Commission. The current term would commence July 15, 2003 and expire July 14, 2005. (Councilmember Becky Ames) Lonnie Hood would be reappointed to the Airport Advisory Committee. Her current term would expire July 5, 2005. (Councilmember Andrew P. Cokinos) Dora Nisby would be reappointed to the Community Development Advisory Committee. Her current term would expire July 5, 2005. (Councilmember Andrew P. Cokinos) Annella Metoyer would be reappointed to the Community Development Advisory Committee. Her current term would expire May 21, 2005. (Councilmember Lulu Smith) A) Authorize the City Attorney or his designee to file and prosecute a lawsuit against Matthew Davis, Sr. & Dolores Davis dba Youth Rescue Mission to terminate an alleged zoning violation at 1930 Franklin Street in Beaumont, Texas - RESOLUTION 03-141 B) Accept the Curb Ramp Installation Project and authorize a final payment to Brystar Contracting, Inc. - RESOLUTION 03-142 C) Adopt a resolution supporting Stone Way Limited Partnership's efforts to receive a 2004 Forward Commitment Allocation from the Texas Department of Housing and Community Affairs - RESOLUTION 03-143 D) Adopt a resolution supporting the Environmental Protection Agency's(EPA)Option 2 regarding ozone nonattainment classification for the Beaumont/Port Arthur/Orange (BPA) area -RESOLUTION 03-144 E) Authorize the acceptance of a water line easement providing access for fire prevention services- RESOLUTION 03-145 Minutes-July 15,2003 F) Authorize the City Manager to execute the Form D-15-24PR, the Utility Joint Use Agreement for the City of Beaumont Water Utilities Department on the FM 364 Major Drive Improvement Project-RESOLUTION 03-146 G) Authorize a payment to reimburse Huntsman Pipeline Company for the adjustment of their facilities on FM364/Major Drive - RESOLUTION 03-147 H) Authorize the City Manager to enter into a contract with Texas Department of Transportation (TxDOT) to construct railroad crossing improvements at the Burlington Northern Santa Fe (BNSF) railroad crossing on College Street, west of 4t" Street - RESOLUTION 03-148 Mayor Pro Tern Ames moved to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, AMES AND SAMUEL NAYS: NONE MOTION PASSED. GENERAL BUSINESS 1. Consider a request for a specific use permit to allow an expansion of mini-warehouses in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5440 Old Dowlen Road. At a Joint Public Hearing held June 16, 2003, the Planning Commission voted 7:0 to approve the request for a specific use permit to allow an expansion of mini-warehouses in a GC-MD District at 5440 Old Dowlen Road, subject to a 6'wide landscape strip with trees installed every 25' along the property frontage, constructing an 8' tall wood privacy fence on the south side and allowing a modification of the required 10' wide landscape strip to 5' behind the existing building along the south side of the property. Administration also recommended approval of this request. Councilmember Cokinos moved to approve ORDINANCE 03-050 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN EXPANSION OF MINI-WAREHOUSES IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT LOCATED AT 5440 OLD DOWLEN ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,COKINOS AND SAMUEL NAYS: NONE MOTION PASSED. Minutes-July 15,2003 2. Consider amending Section 21-75 of the Code of Ordinances related to authorized positions in the Police Department. As of March 31, 2003, a Grade II Sergeant retired from the Beaumont Police Department. To maintain the reorganization efforts that are the result of the collective bargaining agreement from October 1997, a reduction of the Grade 11 position is needed. By reducing this position and increasing the Grade I position, the current organization of the Police Department will be accurately reflected as well as allow the utilization of the police specialist positions. Administration also recommended approval. Councilmember Cokinos moved to approve ORDINANCE 03-051 ENTITLED AN ORDINANCE AMENDING SECTION 21 -75 OF THE CODE OF ORDINANCES TO AMEND THE GRADE I AND GRADE II POSITIONS IN THE BEAUMONT POLICE DEPARTMENT;PROVIDING FORSEVERABILITYAND PROVIDING FOR REPEAL. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBER SMITH, COKINOS AND SAMUEL NAYS: NONE MOTION PASSED. 3. Consider approving the purchase of an excavator for use in the Clean Community Department. Administration recommended the award of a bid to Waukesha-Pearce Industries of Port Arthur, Texas for the excavator purchase in the amount of $189,900.00. This bid price includes a guaranteed repurchase price of $126,900.00 in three (3) years. The new excavator will replace a 2000 Komatsu excavator scheduled for repurchase this month. This unit will be purchased by Waukesha-Pearce for a negotiated price of $132,379.70. Funds are available in the Solid Waste Fund. Councilmember Smith moved to approve RESOLUTION 03-149 AWARDING A BID TO WAUKESHA-PEARCE INDUSTRIES, INC. IN THE AMOUNT OF$189,900.00 FOR ONE(1)KOMATSU Pc300LC -7 EXCAVATOR. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM SMITH,COUNCILMEMBERS SMITH,COKINOS AND SAMUEL NAYS: NONE MOTION PASSED. Minutes-July 15,2003 4. Consider approving the purchase and installation of a raw sewage pump for use at the Water Reclamation Plant. Administration recommended awarding a bid for the purchase and installation of one (1) raw sewage pump and motor in the amount of $170,654.50 to Placo, Inc. The pump specified in the bid is a 20 million gallons per day (MGD) raw sewage pump, the largest component of the 55 MGD sewage pumping capacity at the plant. The existing 20 MGD pump has been in service since 1952 and is in poor condition. It requires frequent maintenance resulting in excessive pump downtime. Replacement of the pump is necessary to efficiently meet the treatment plant's design and regulatory capacity. Funds are available in the Water Utilities Fund. Councilmember Cokinos moved to approve RESOLUTION 03-150 AWARDING A BID FROM PLACO,INC.IN THE AMOUNT OF$170,654.50 FOR THE PURCHASE AND INSTALLATION OF ONE(1 FAIRBANKS MORSE 05741 RAW SEWAGE PUMP AT THE WATER RECLAMATION PLANT. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,COKINOS AND SAMUEL NAYS: NONE MOTION PASSED. 5. Consider amending Section 13 - 16 of the Code of Ordinances to add a fee for medical record and billing searches. E.M.S. staff is frequently required to respond to requests for official copies of medical records from attorneys and court reporting companies. The fees charged are from fees dictated by open records. Currently, a $10.00 records search fee, a $2.50 notary charge and a $.50 per page charge is accessed for an average collected total of$13.00 for these documents. Due to new H.I.P.A.A. regulations, more control over these records is required, which has resulted in an increase of the amount of staff time involved in the retrieval process of these records. Additionally, E.M.S. has had an increase in the number of requests for such documents. A survey completed by the E.M.S. Manager of private ambulance companies within the area found that these companies charge a $50.00 search fee and a $5.00 fee for a notarized affidavit. Administration recommended the City add a medical records and billing search fee and a $5.00 fee for a notarized affidavit to the existing health fees. Mayor Pro Tern Ames moved to approve ORDINANCE 03-052 ENTITLED AN ORDINANCE AMENDING CHAPTER 13,SECTION 13-16 OFTHE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADD A FEE FOR A MEDICAL RECORDS AND BILLING SEARCH AND A FEE FOR A NOTARIZED AFFIDAVIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. Minutes-July 15,2003 AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBER SMITH, COKINOS AND SAMUEL NAYS: NONE MOTION PASSED. 6. Consider approving the purchase of a flashover survival training system for use at the Fire Training Grounds. The flashover survival training system allows firefighters to observe a flashover event in a controlled environment. This leads to greater recognition of the conditions present prior to a flashover occurrence and suppression techniques which can mitigate the risk. The system consists of a metal structure containing a burn room and an observation area. The Fire Department purchased a Swede flashover training unit in 1999 and used it until 2001. The system has deteriorated to a degree that refurbishment is not feasible. Administration recommended awarding a bid for this one (1) flashover survival training system to Phoenix Lease-All Ltd. of Ontario, Canada in the amount of $55,027.00. Funding for this purchase will be provided for in the following manner: • a Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant will fund 70% of the total bid amount equaling $38,518.90 • the balance will be donated to the Fire Training Facility from Lamar University and Lamar Institute of Technology Councilmember Smith moved to approve RESOLUTION 03-151 ACCEPTING A BID FROM PHOENIX LEASE-ALL LTD. FOR THE PURCHASE OF ONE (1) FLASHOVER SURVIVAL TRAINING SYSTEM IN THE AMOUNT OF $55,027.00. Councilmember Cokinos seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBER SMITH, COKINOS AND SAMUEL NAYS: NONE MOTION PASSED. 7. Consider amending Ordinance No. 03-00 relating to the structure located at 3136 Hollywood. COUNCILMEMBER SAMUEL ASKED THAT THIS GENERAL BUSINESS ITEM BE DEFERRED UNTIL JULY 22,2003 AS IT WAS REQUESTED TO BE CONSIDERED BY COUNCILMEMBER BOBBIE PATTERSON WHO WAS ABSENT FROM THE MEETING AS SHE WAS ATTENDING A TRAINING CONFERENCE. NO OBJECTIONS WERE RAISED BY OTHER MEMBERS OF COUNCIL AND ITEM NO. 7 WAS DEFERRED UNTIL THE NEXT SCHEDULED CITY COUNCIL MEETING. Minutes-July 15,2003 WORK SESSION • Review Article XVII of the City Charter City Attorney Lane Nichols led Council into a discussion of a proposed Charter Amendment to remove Municipal Court from underthe City Clerk and placing it underthe auspice of the City Managerwith the Municipal Court Administrator reporting to the Finance Director. This discussion was tabled during the July 1, 2003 Council meeting so that the City Clerk and the City Manager could confer. Council agreed to place the item on the ballot for the September 13, 2003 Election. Mr. Nichols also asked Council to consider adding an item on the September 13 ballot that would make provision within the Charter allowing Council to pass an ordinance to impose fees only as necessary to fund deficits in operating departments of the City, especially for the E.M.S. and the Transit Departments that normally operate on at a constant deficit. COUNCILMEMBER COMMENTS Councilmember Smith - None Councilmember Beaulieu - None Councilmember Cokinos - None Mayor Pro Tern Ames - None Councilmember Samuel confirmed with Steve Richardson,The City's Planning Manager, that a request of Modern Manufacturing, Inc. to be considered at a Planning and Zoning Meeting scheduled for July 20, 2003 was only to consider that another opportunity is granted to the company so they may apply for a specific use permit. Councilmember Samuel also asked City Manager Kyle Hayes to find out who owns Dorsey Sam's Park on Cartlet Lane in the City of Beaumont. He also reported a group of concerned citizens held a meeting on Monday night to discuss revitalization efforts for the North End of Beaumont. Councilmember Samuel also asked Tom Warner, Public Works Director, to set up a meeting with the neighborhood around Fletcher Mini Park within three (3) weeks. City Manager Kyle Hayes - None City Attorney Lane Nichols - None Mayor Evelyn Lord thanked everyone for their prayers offered for her son. Mayor Lord reported he had been moved from the Intensive Care Unit into a regular room. Minutes-July 15,2003 Public Comments (Persons are limited to three minutes) Clarence Provost 2170 Washington Blvd. Beaumont, TX Mr. Provost asked Mayor Lord and the rest of Council to help him enact a program through KFDM television station that would provide information to citizens about convicted felons as well as show identifying pictures those felons. LeRoy Lewis III 7866 Gladys Beaumont, TX Mr. Lewis asked Council to consider placing more utility light poles within the City, especially down Major Drive. Mr. Lewis commended the Police Department for the work they perform daily. He reported citing a dilapidated structure located at 1205 Franklin. He also requested Council to consider placing traffic lights at the corner of Gill and Magnolia Street and Hale and Magnolia Street. Vicki Handle 2606 Ridgewood Nederland, TX Mrs. Handle told Council that she and other nursing students from Lamar University had learned a lot about the operation of City Government from observing Council meeting. She thanked Councilmembers for allowing the group to be present at today's meeting. The nursing group is working on their Master's Degree and students of Dr. Iva Hall's class. Roberto Flores 2425 Buchanan Beaumont, TX Mr. Flores thanked Councilmember Samuel for working to have a platform built on the grounds of Fletcher Mini Park. He also asked that members of the Avenue's Association and the LULAC organization be allowed to offer input on other proposed improvements to be had on Fletcher Mini Park. Mr. Flores announced that a meeting of the Avenue's Neighborhood Association would be held on Monday, July 21, 2003 at 6:30 p.m. at 1398 Wall Street. Audio tapes are available upon request in the City Clerk's Office. There being no further business, the meeting adjourned at 2:35 p.m. Mayor Evel n Lord Susan Henderson, City Clerk Minutes-July 15, 2003