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MIN SEPTEMBER 30 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 Tem Bobbie J. Patterson September 30, 2003 Audwin Samuel Lane Nichols, City Attorney Kyle Hayes, City Manager The City Council of the City of Beaumont, Texas, met in a regular session on September 30, 2003, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:33 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 1:33 p.m., Pastor Donnie Flippo of Gospel Center Church said the invocation. Councilmember Lulu Smith led the Pledge of Allegiance. Roll call was also made by Tina Broussard, City Clerk's Office. Present at the meeting were Mayor Lord,Councilmembers Smith, Cokinos, Beaulieu,Samuel and Patterson. Mayor Pro Tern Ames was absent from the meeting. Also, present were Kyle Hayes, City Manager; Lane Nichols, City Attorney; Tina Broussard, City Clerk's Office. Proclamations, Presentations, Recognitions Mayor Lord read a Proclamation recognizing the month of September as"National Breast Cancer Awareness Month." Breast Cancer is the leading cause of deaths of women in America, and this year more than two hundred and twenty thousand (220,000)women will be diagnosed with this disease, and more than forty thousand (40,000) women will lose their lives. However, when breast cancer is detected early and treated promptly loss of life can be significantly reduced. Nearly two million breast cancer survivors are alive in America. Almost fifteen hundred new cases of male breast cancer will be diagnosed in 2003 and over two hundred will die of the disease. A mammography and xray of the breast is the most effective method of detecting breast cancer long before physical symptoms can be seen or felt. The "Julie Rogers Gift of Life Program," established by Regina Rogers in 1993 as a tribute to her mother the late Julie Rogers, a courageous breast cancer survivor, has made a phenomenal difference in the lives of so many medically under served local residents. Thanks to the dedication and involvement of the Gift of Life Programs generous supporters, more than 68,000 free mammographies have been provided. The Proclamation was received by Nell McCallum Morris; President, Uliana Trylowsky; Ruth Williams; National Breast Cancer Awareness Chair, Karen Fontenot; and Linda Domino. Minutes-September 30,2003 The Council also heard from the Police Departments Special Weapons and Tactics Team who participated in the Annual Texas Tactical Police Officers Association SWAT Competition in Houston, TX. The Beaumont SWAT Team placed 2nd in three of the events and finished in 5th place overall. Those participating were: Sgt. Al Johnson, Sgt. Tim Ocnaschek, Officer Jerry LeChance, Officer Kelly Cole, Officer Eric Kvarme and Officer Scott Apple. Chief Scofield reported that Beaumont was the only City out of the 29 competing that had their City Manager, Mayor and Police Chief come to support them, and that pleased the men greatly. Public Comment: Persons may speak on scheduled General Business Agenda Items 1 through 12 or on the Consent Agenda. Ryan Smith Executive Director of the Texas Energy Museum Mr. Smith addressed Council regarding Item #10 on the Agenda for the Texas Energy Museum, asked that council approve this item as presented. Lynn Castle Art Museum of Southeast Texas Ms. Castle addressed Council regarding Item #8 on the Agenda, expressed appreciation for the renewal of the contract for the Art Museum of Southeast Texas. Denise Roussel Director of the Beaumont Heritage Society/John J. French Museum Ms. Roussel addressed Council regarding Item #11 on the Agenda, thanking Council for all of their support and allowing them to operate and maintain the John J. French Museum. Regina Lindsey Executive Director of the Southeast Texas Arts Council Ms. Lindsey addressed Council regarding Item #9 on the Agenda. She asked Council if they would consider approving the One Year Contract for the Texas Arts Council. Ann Crestwell Jefferson Theater Preservation Society Ms. Crestwell addressed Council regarding Item #12 on the Agenda, she wanted to thanked Council for their support and for them to approve the one year contract for the Jefferson Theater Preservation. Minutes-September 30,2003 Brian Granger 1580 Glendale Mr. Granger addressed Council regarding Item#3 on the Agenda. He asked Council to table the adoption of the International Plumbing Code. Rob Clark 85 Genevieve Mr. Clark addressed Council regarding Item #3 on the Agenda, International Building Codes. He asked that Council adopt the International Building Codes. Don Liebeasch 4055 Ingressneish Mr. Liebeasch addressed Council regarding Item #3 on the Agenda. He asked that Council approve the International Building Codes across the board. Ray Vasquez International Brotherhood of Electrical Workers Mr. Vasquez addressed Council regarding Item#3 on the Agenda. He asked Council to table this item, International Building Codes for further review. CONSENT AGENDA Approval of minutes - Minutes of September 23, 2003 Confirmation of committee appointments - Resolution 03-199 Felix McFarland would be reappointed to the Historical Landmark Commission. The current term would expire September 10, 2005. (Mayor Evelyn M. Lord) Dale Hallmark would be reappointed to the Historical Landmark Commission. The current term would expire August 18, 2005. (Mayor Evelyn M. Lord) Ryan Smith would be reappointed to the Convention and Tourism Advisory Committee. The current term would expire August 18, 2005. (Councilmember Lulu Smith) Beauregard Brown would be appointed to the Martin Luther King Jr. Parkway Commission. The term would commence September 30, 2003 and expire September 29, 2005. (Councilmember Andrew P. Cokinos) Lula Henry would be reappointed to the Parks and Recreation Advisory Committee. The current term would expire September 14, 2005. (Councilmember Lulu Smith) Minutes-September 30,2003 A) Approve a two-percent wage increase for the City manager- Resolution 03-200 B) Approve the settlement of the claim of Lora Jean Jackson - Resolution 03-201 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, COUNCILMEMBERS BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. GENERAL BUSINESS 1. Consider approving the execution of a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Concord Road Project Resolution 03-202 Through the efforts of Beaumont's Congressional Delegation, the City will receive federal funding in the amount of 80 percent, up to a maximum of $7,569,600, for the reconstruction of Concord Road between East Lucas and Highway 105. The City's 20 percent share will total $1,892,400 for a total project cost of $9,462,000. The project includes the widening of Concord Road to four lanes with a continuous left turn lane from East Lucas to Highway 105 and the widening of Highway 105 with a continuous left turn from Concord Road to U.S. Highway 69 (Eastex Freeway). The Concord Road Project is included in the FY 2004 Capital Improvement Program as a Current Project. The City will be responsible for funding the entire cost of the project with TxDOT to reimburse the City for the federal share. Councilmember Cokinos moved to approve RESOLUTION 03-202 TO CONSIDER APPROVING THE EXECUTION OF A LOCAL TRANSPORTATION (TxDOT) FOR THE CONCORD ROAD PROJECT. Councilmember Smith seconded the motion. AYES: MAYOR LORD, COUNCILMEMBERS BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. Minutes-September 30,2003 2. Consider approving a bid for the Sanitary Sewer Rehabilitation of Small Diameter Mains, Howell-Yount Outfall, Contract-VI - Resolution 03-203 Administration recommends approval of a contract with PM Construction and Rehab, L.P., of Houston, Texas in the amount of$718,494 to rehabilitate the Howell/Yount Outfall. The proposed work will include the rehabilitation of 10,078 liner feet of 10, 12, 14, and 16 inch sanitary sewer lines, removal and replacement of two syphons and ditch crossings, removal and replacement of 46 manholes and the replacement of 169 service connection on Howell and Yount Streets. The MBE goal will be met through subcontracts with the certified MBE firm Texas Mechanical Specialities, Inc., and the WBE firm of Deanie Hayes, Inc. for a total of $91,248.54. This amount represents 12.7 percent of the total bid. The existing sewer lines installed in 1960 have deteriorated and require major rehabilitation. The primary goals of the project are to restore the integrity of the sanitary sewer lines, restore the carrying capacity and provide customers with uninterrupted and adequate service. The Environmental Protection Agency (EPA) will fund 55% of the total construction cost. The remaining 45% required to fund the project is available in the Water Utilities Capital Improvement Fund. Councilmember Samuel stated that he noticed the MBE portion of the contracts were satisfied by Texas Mechanical Specialities and Deanie Hayes. He wanted to know if the two companies were local or where they were from. City Manager Kyle Hayes stated that Texas Mechanical Specialities, Inc is local and the City does business with them all the time. They are certified on the Cities MBE list. The City Manager was uncertain of Deanie Hayes, Inc. The City Manager stated if Deanie Hayes was not certified, he would contract the company and make sure they are certified and on the list before the signing of their contract. Councilmember Samuel also wanted to make sure that the City is working with the MBE portion of their contracts to make sure that all vendors are registered with the City and use local businesses in Beaumont. Councilmember Cokinos moved to approve RESOLUTION 03-203 TO CONSIDER APPROVING A BID FOR THE SANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS, HOWELL/YOUNT OUTFALL, CONTRACT-VI. Councilmember Samuel seconded the motion. AYES: MAYOR LORD, COUNCILMEMBERS BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED Minutes-September 30,2003 3. Consider approving an ordinance repealing certain sections of Chapter 6 Building; Structures, Construction Operations and Chapter 14 Housing, of the Code of Ordinances and adopting various International Codes with amendments. Councilmember Patterson asked that Item #3 be deferred for one week so that she may have a chance to review all the International Building Codes. Mayor and Council agreed to defer for one week. 4. Consider approving an ordinance repealing Chapter 10, Section 10-1, Section 10-2, and Section 10-3 of the Code of Ordinances of the City of Beaumont; adopting a new Chapter 10, Section 10-1; International Fire Code, 2003 Edition, Section 10-2: Amendments to Code, and Section 10-3: Fire Service Fees. Councilmember Patterson asked that Item #4 be deferred for one week so that she may have a chance to review the International Fire Code. Mayor and Council agreed to defer for one week. 5. Consider approving the Execution of an Interlocal Agreement with Drainage District#6 for the relocation of pipelines associated with the construction of the Delaware Street Extension and the DD#6 Hilcorp Basin Project - Resolution 03-204 The construction of the Delaware Street Extension, from Dowlen Road and Major Drive, and the DD#6 Hilcorp Basin Project (detention facility)will occur within the old Amoco Oil Field. The pipelines located within the oil field are still in use or have been abandoned by various pipeline companies. These active and inactive pipelines conflict with the proposed roadway and detention facility improvements. The City will participate in the pipeline relocation project by funding all or some of the necessary oil pipeline relocation and pipeline plugging and abandonment. The current estimate for the City's portion of the project is $300,000. Funds are available in the Delaware Street Extension Project of the Capital Improvement Program. Councilmember Smith moved to approve RESOLUTION 03-204 APPROVING THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH DRAINAGE DISTRICT#6 FOR THE RELOCATION OF PIPELINES ASSOCIATED WITH THE CONSTRUCTION OF THE DELAWARE STREET EXTENSION AND THE DD#6 HILCORP BASIN PROJECT. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, COUNCILMEMBERS BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. Minutes-September 30,2003 6. Consider approving the purchase of a dump truck for use in the Water Utilities Division - Resolution 03-205 Administration recommends the purchase of one (1) 2004 International Model 7600 cab and chassis equipped with a fourteen (14)cubic yard dump body from International Trucks of Houston in the amount of$85,355.25. Bids were received in April for furnishing three (3) diesel powered, tandem axle cab and chassis equipped with fourteen (14)cubic yard bodies. Due to budget concerns, one truck was not purchased for the Water Utilities Division. The Water Utilities Division requested replacement of a fourteen (14) cubic yard dump truck in their FY 2004 budget. International Trucks has agreed to furnish the truck bid in April at the same price. This truck will replace Unit 3223, a 1992 International cab and chassis equipped with an eight(8)cubic yard contractor's bump body. Unit 3223 will be disposed of according to the City's surplus property disposal policy. Funds for this expenditure are available in the Water Fund's FY 2004 Operating Budget. Councilmember Cokinos moved to approve RESOLUTION 03-205 CONSIDER APPROVING THE PURCHASE OF A DUMP TRUCK FOR USE IN THE WATER UTILITIES DIVISION. Councilmember Smith seconded the motion. AYES: MAYOR LORD, COUNCILMEMBERS, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 7. Consider authorizing the City Manager to execute an assignment of a contract for payments in lieu of taxes from Arch Chemicals, Inc., to Peak Sulfur, Inc. - Resolution 03- 206 On October 16, 2001, the City of Beaumont entered into a contract with Arch Chemicals, Inc., for payments in lieu of taxes. Under the terms of that agreement, Arch Chemicals, Inc., has the right to sell and assign its obligations under the contract in lieu of taxes subject to approval by the City of Beaumont. The City of Beaumont has been notified of a sale from Arch Chemicals to Peak Sulfur and Peak Sulfur is required, in the assignment, to become bound by all the terms and conditions of the agreement in lieu of taxes previously by Arch Chemicals, Inc. Minutes-September 30,2003 Councilmember Smith moved to approve RESOLUTION 03-206 CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE AN ASSIGNMENT OF A CONTRACT FOR PAYMENTS IN LIEU OF TAXES FROM ARCH CHEMICALS,INC.,TO PEAK SULFUR,INC. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, COUNCILMEMBERS BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 8. Consider approving a one year contract with the Art Museum of Southeast Texas Resolution 03-207 The Administration recommends funding the Art Museum of Southeast Texas (AMSET) $175,000 from Hotel Occupancy Tax and General Funds. The City of Beaumont(City)and AMSET entered into a lease agreement on December 30, 1986 whereby the City and AMSET agreed to a 99-year lease on the land and building to be used as a museum. The City supports AMSET with annual allocations and garbage removal. In return AMSET is open to the general public and strives to provide programs and services to the entire community. Approximately 60,000 children and adults participate in Art Museum activities each year. Funds are available in the FY 2004 budget with $50,000 funded through the Hotel Occupancy Tax Fund and $125,000 funded with general revenues. Councilmember Beaulieu moved to approve RESOLUTION 03-207 APPROVING A ONE YEAR CONTRACT WITH THE ART MUSEUM OF SOUTHEAST TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR LORD, COUNCILMEMBERS BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 9. Consider approving a one year contract with the Southeast Texas Arts Council (SETAC)- Resolution 03-208 The Administration recommends funding the Southeast Texas Arts Council$99,000 for FY 2004 from the Hotel Occupancy Tax and General Funds. Minutes-September 30,2003 The city is entitled to utilize revenues derived from the hotel-motel occupancy tax to promote the arts. The City contracts with SETAC to distribute 80% of its contract payment to organizations like the Symphony of Southeast Texas as well as production of the magazine "Off Ramp" highlighting local events for distribution to hotels. The remaining 20% is used for operating expenses. Funds are available in the FY 2004 budget, with $80,000 funded through the Hotel Occupancy Tax Fund and $19,000 funded with general revenues. Councilmember Beaulieu moved to approve RESOLUTION 03-208 APPROVING A ONE YEAR CONTRACT WITH THE SOUTHEAST TEXAS ARTS COUNCIL (SETAC). Councilmember Smith seconded the motion. AYES: MAYOR LORD, COUNCILMEMBER BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 10. Consider approving a one year contract with the Texas Energy Museum - Resolution 03-209 The Administration recommends funding the Texas Energy Museum, $80,000 for FY 2004 from Hotel Occupancy Fund. The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic preservation and the promotion of tourism. The Texas Energy Museum meets the above criteria by highlighting the history, along with current developments, of the oil industry in the Southeast Texas region. Funds available in the Hotel Occupancy Tax FY 2004 budget. Councilmember Smith moved to approve RESOLUTION 03-209 APPROVING A ONE YEAR CONTRACT WITH THE TEXAS ENERGY MUSEUM. Councilmember Patterson seconded the motion. AYES: MAYOR LORD, COUNCILMEMBERS, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. Minutes-September 30,2003 11. Consider approving a one year contract with the Beaumont Heritage Society/John Jay French Museum - Resolution 03-210 The Administration recommends funding the Beaumont Heritage Society/John Jay French Museum, $35,000 for FY 2004 from the Hotel Occupancy Fund. John J. French,an early settler in Beaumont, built the Greek Revival home which has been faithfully restored; the home contains furniture and fixtures from the mid 19th century and is a tourist attraction for our city. Funds are available in the Hotel Occupancy Tax FY 2004 budget. Councilmember Cokinos moved to approve RESOLUTION 03-210 APPROVING A ONE YEAR CONTRACT WITH THE BEAUMONT HERITAGE SOCIETY/JOHN JOY FRENCH MUSEUM. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, COUNCILMEMBERS BEAULIEU, COKI NOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 12. Consider approving a one year contract with the Jefferson Theater Preservation Society- Resolution 03-211 Administration recommends funding the Jefferson Theater Preservation Society, $20,000 for FY 2004 from the Hotel Occupancy Fund. The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic preservation and the promotion of tourism. The Jefferson Theater is a revitalized historical landmark located in downtown Beaumont. Funds available in the Hotel Occupancy Tax FY 2004 budget. Councilmember Smith moved to approve RESOLUTION 03-211 APPROVING A ONE YEAR CONTRACT WITH THE JEFFERSON THEATER PRESERVATION SOCIETY -Councilmember Cokinos seconded the motion. Councilmember Beaulieu abstained from voting on this Agenda Item as she is a member of that Society's board. AYES: MAYOR LORD, COUNCILMEMBERS, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. Minutes-September 30,2003 COUNCILMEMBER COMMENTS COUNCILMEMBER COKINOS - NONE COUNCILMEMBER SAMUEL - stated he would like council to Consider some type of crossing on Lucas near Lucas Gardens. Is their anything that can be done for the elderly in that area, who are trying to cross the street near HEB, Sonic, and the Lucas and Concord intersection? He also asked Council to review what has been presented by staff for that area, and that staff present another study to show what the traffic count is and the criteria that is used. Councilmember Samuel also had a concern and asked to receive a report on the progress that is being made towards extending Sanitary Sewer and Water down Fannett Road, he received a call from the American Postal Workers. They are having problems but he was not sure what the problem was. He asked that staff check into this and inform him of the problem with that entity. Councilmember Samuel also discussed the situation with the M.L. King Commission. He asked the City Staff if there is anything that can be done to make the application for the M.L. King Commission to get the 501 (c) (3). Councilmembers Patterson and Beaulieu had questions as well. Council agreed to have a work shop at the convenience of the M.L. King Commission on the agenda to discuss the situation with the fund raising and the 501 (c) (3). Council also agreed that once the work shop has taken place to have the item on the agenda as an action item to vote on. Councilmember Smith - None Councilmember Beaulieu - stated that she met with a couple of Lamar University students, and was very impressed with the young ladies that did an interview with her regarding City issues and her perspectives on it. One of the students was from Alabama and the other was from San Antonio. Both are attending Lamar University on scholarships. She enjoyed meeting and seeing kids from other areas, it's a real bonus for the campus. The more diversity of where kids are from and their backgrounds the better off that campus is going to be. She was very impressed with the quality of their questions, the way they presented themselves and the kinds of students Lamar University is turning out. She wished both young ladies her best and congratulated Dr. Simmons and his staff on the progress that is being made. Councilmember Patterson - addressed the City Manager Kyle Hayes regarding her request at the last council meeting, that he and the Police Officer get with her after the meeting. That did not happen. She also wanted to know if the shelter had been replaced at the corner of Sarah and 4th St. Minutes-September 30,2003 Mayor Lord - stated that she too was interviewed by two young men from Lamar University, who were also very impressive. Mayor Lord also stated that students would be interviewing each of the Councilmembers. Public Comments (Persons are limited to three minutes) Cary Avery 5040 Chambers Mr. Avery addressed Council regarding religious matters. Carolyn Johnson 1282 Central Ms. Johnson addressed Council regarding the Jefferson Theater Preservation Society, she thanked the Mayor, City Manager and members of Council for their support during restoration, also their continued support as they prepare for their grand opening and first year of operation. Frank Kiefer 3190 Willowood Dr. Mr. Kiefer addressed Council regarding the City enforcing the City Ordinance against the whistle blowing of trains crossing the railroads after a certain time. Jackie Spivey 5620 Helbig Rd. Ms. Spivey addressed council regarding property development. Audio tapes are available upon request in the City Clerk's Office. There being no further business, the meeting adjourned at 3:59 p.m. r" Mayor Evelyh Lord City ler Office Minutes-September 30,2003