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MIN OCTOBER 28 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 October 28, 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 October 28, 2003, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:32 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. Associate Pastor Rhonda Hopson, of Plymouth Congregational United Church of Christ said the invocation. Shelby and James, second grade students from Dishman Elementary School led the Pledge of Allegiance. Roll call was made by Betty Braxton, Deputy City Clerk. Present at the meeting were Mayor Lord, Mayor Pro Tern Ames, Councilmembers Smith, Beaulieu, Cokinos, Samuel and Patterson. Also present were Kyle Hayes, City Manager;Tyrone Cooper, Assistant City Attorney; Betty Braxton, Deputy City Clerk. Proclamations, Presentations, Recognitions Ms. Pam Cooper, second grade teacher from Dishman Elementary thanked Council for allowing the second grade students to attend Council Meeting. Ms. Cooper also stated that the students were studying about City government in class, and this opportunity enhances what they have learned. Ms. Cooper introduced Miracle, one of her second grade students,who told Council that her class has been studying about"government and how they are to obey the laws," and she thanked Council for allowing the class to attend the meeting. Pat Buehrle, Chairman of the Mayor's Committee for People With Disabilities along with Daryl Bourke, Vice Chairman of the committee, presented the "Extra Mile" award to Mayor Lord for going the "Extra Mile" not only for people with disabilities, but for the community as a whole. Mr. Bourke also thanked Mayor Lord for showing confidence in the ability of the committee to do the right thing. Mayor Lord thanked the committee and stated thatthey encouraged herfar more than she encouraged them. MINUTES-OCTOBER 28,2003 Public Comment: Persons may speak on scheduled General Business Agenda Items 1 through 9 or on the Consent Agenda. NONE CONSENT AGENDA Approval of minutes - Minutes of October 14, 2003 Confirmation of committee appointments - Resolution 03-228 Bill Bianchi would be appointed to the Convention and Tourism Advisory Committee. The term would commence October 28, 2003 and expire October 27, 2005. (Councilmember Audwin Samuel) Antoinette Hardy would be appointed to the Community Development Advisory Committee. The term would commence October 28, 2003 and expire October 27, 2005. (Mayor Pro- Tern Becky Ames) A) Approve a resolution requesting a change in signatories for the Workers Compensation Account at Hibernia National Bank - Resolution 03-229 B) Authorize the acceptance of a ten foot (10') water line easement out of Lots 1, 2 and 3, Block 1 of the Parkdale Mall Addition at 4155-65-75-85 Dowlen Road [Barnes & Noble- Logan's Roadhouse Restaurant in front of the Mall] providing access for fire prevention services - Resolution 03-230 C) Authorize the acceptance of a fifteen foot (15') water line easement out of W.B. Dyches Survey, Abstract 17 [Eagles Landing Apartments at 3980 North Major Drive] providing access for fire prevention services - Resolution 03-231 D) Authorize the acceptance of a ten foot (10') water line easement out of the W.B. Dyches Survey, Abstract 17 [on Folsom Drive extension behind the Signature Krogers at 3965 Dowlen Road] providing access for fire prevention services - Resolution 03-232 E) Approve a resolution authorizing the acquisition of Parcel 1 of the Virginia Street Widening Project - Resolution 03-233 F) Approve a resolution authorizing the acquisition of Parcel 4 of the Virginia Street Widening Project - Resolution 03-234 Minutes-October 28,2003 Councilmember Smith moved to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. GENERAL BUSINESS 1. Consider approving a contract for the construction of the Delaware Street Extension Project - Resolution 03-235 On October 16, 2003, the City of Beaumont received four(4) bids for the Delaware Street Extension Project. The lowest bid was submitted by Brystar Contracting, Inc. of Beaumont in the amount of$4,224.066.30. Included in the low bid is approximately$900,000.00 of water and sewer Improvements, such as water lines, sewer lines, and fire hydrants. The DBE goal will be met through subcontracts with the certified DBE firms of Ramco Trucking, Tex-La Sales, Crabtree Barricades and Municipal Marketing for a total of $454,451.00. This amount represents 10.7 percent of the total bid. Funds are available in the General Fund and Water Fund Capital Improvement Programs. Councilmember Cokinos moved to approve RESOLUTION 03-235 TO CONSIDER APPROVING A CONTRACT FOR THE CONSTRUCTION OF THE DELAWARE STREET EXTENSION PROJECT. Councilmember Smith seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 2. Consider approving a three-year contract with Prudential for Basic Life and Accidental Death and Dismemberment (AD&D), Supplemental Life and Accidental Death and Dismemberment (AD&D) and Dependent Life Insurance - Resolution 03-236 Minutes-October 28,2003 Administration recommended that Council award a three-year contract effective January 1, 2004 to Prudential for Basic Life and Accidental Death and Dismemberment, Supplemental Life and Accidental Death and Dismemberment and Dependent Life Insurance. Currently the City provides basic life and accidental death and dismemberment insurance for approximately 1220 employees. The City-sponsored basic life and accidental death and dismemberment insurance is provided at no cost to the employee. The amount of basic life/AD&D insurance is 100% of the employee's annual base salary rounded to the next highest $1000.00 to a maximum benefit of $50,000.00. Employees may elect to purchase supplemental life and accidental death and dismemberment and dependent life at a group rate. The group rate is usually more cost effective than an individual policy for the employee. COuncilmember Smith moved to approve RESOLUTION 03-236 TO CONSIDER APPROVING A THREE-YEAR CONTRACT WITH PRUDENTIAL FOR BASIC LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT(AD&D), SUPPLEMENTAL LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT (AD&D)AND DEPENDENT LIFE INSURANCE. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider extending Resolution 03-025 passed by the City Council January 21, 2003 granting certain insurance and pay benefits to City of Beaumont employees who are members of the National Guard or military reserves for the period of time these employees are serving active duty in the aftermath of the war with Iraq - Resolution 03-237 Administration requested that Council grant City of Beaumont employees called to active duty in the reserves or National Guard compensation in the amount of the difference between their civilian salary or wage and military pay. During the time these employees are serving active duty, employees' dependents shall be allowed to continue their established medical coverage. The City has identified 21 current employees eligible for consideration under this resolution; 3 employees currently remain active. COuncilmember Cokinos moved to approve RESOLUTION 03-237 TO CONSIDER EXTENDING RESOLUTION 03-025 PASSED BY CITY COUNCIL JANUARY 21, 2003 GRANTING CERTAIN INSURANCE AND PAY BENEFITS TO CITY OF BEAUMONT EMPLOYEES WHO ARE MEMBERS OF THE NATIONAL GUARD OR MILITARY RESERVES FOR THE PERIOD OF TIME THESE EMPLOYEES ARE SERVING ACTIVE DUTY IN THE AFTERMATH OF THE WAR WITH IRAQ. Mayor Pro Tern Ames seconded the motion. Minutes-October 28,2003 AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider amending Section 21-75 of the Code of Ordinances related to authorized positions in the Police Department - Ordinance 03-081 In July of 2003, two Grade II Sergeants were promoted to Grade III Lieutenants. In keeping with the reorganization within the Police Department that began with the October 1997 collective bargaining agreement, a reduction of the Grade II position is needed. By reducing this position and increasing the Grade I position and Grade III position each by one, this will accurately reflect the current organization of the Police Department. Councilmember Beaulieu questioned if this action was a change to reflect what is already in place, and that they were not being directed to change. The City Manager stated that the change in authorized positions in the Code of Ordinances reflects the current number of positions in the Police Department. Councilmember Smith moved to approve ORDINANCE 03-081 TO CONSIDER AMENDING SECTION 21-75 OF THE CODE OF ORDINANCES RELATED TO AUTHORIZED POSITIONS IN THE POLICE DEPARTMENT. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD,MAYOR PROTEMAMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 5. Consider authorizing the City Manager to submit a bid to the Federal Bureau of Prisons for providing landfill disposal services at the City's Landfill for waste generated at the Federal Correctional Complex, Beaumont, Texas and to enter into a contract if the City is the successful bidder- Resolution 03-238 The Federal Correctional Complex, Beaumont,Texas has transported waste generated at their facilities to the City's Landfill for the past year. They are currently soliciting bids for a five (5)year disposal contract. Based on the estimated volume of waste stated in the bid documents,the value of the contract will exceed $100,000.00 per year. The Landfill is fully capable of handling the waste. Minutes-October 28,2003 Councilmember Cokinos moved to approve RESOLUTION 03-238 TO CONSIDER AUTHORIZING THE CITY MANAGER TO SUBMIT A BID TO THE FEDERAL BUREAU OF PRISONS FOR PROVIDING LANDFILL DISPOSAL SERVICES AT THE CITY'S LANDFILL FOR WASTE GENERATED AT THE FEDERAL CORRECTIONAL COMPLEX,BEAUMONT,TEXAS AND TO ENTER INTO A CONTRACT IF THE CITY IS THE SUCCESSFUL BIDDER. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 6. Consider accepting the Grand Recap of the tax roll for the tax year 2003(Fiscal Year 2004) Resolution 03-239 Administration recommended the acceptance of the Grand Recap of the tax roll for the tax year 2003 with a taxable value of$4,183,262,826.00. Pursuant to the Texas Property Tax Code, this recap must be approved by the City Council. On September 23, 2003 Council approved the tax roll as certified by the Jefferson County Appraisal District. There is no change in the taxable value in Grand Recap. Councilmember Smith moved to approve RESOLUTION 03-239 TO CONSIDER ACCEPTING THE GRAND RECAP OF THE TAX ROLL FOR THE TAX YEAR 2003(FISCAL YEAR 2004). Mayor Pro Tem Ames seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 7. Consider approving funding in the amount of $20,000 for the Partnership of Southeast Texas Councilmember Patterson wanted to know how many of the 126 job prospects, have come to Beaumont? City Manager Kyle Hayes stated that he could not answer her question, but that he would contact The Partnership of Southeast Texas (Post) for the answer to her question. Minutes-October 28,2003 Councilmember Patterson asked that this item be tabled until her question could be answered. Councilmember Beaulieu stated that she would like to review what services were received for the monies being spent and agreed that this item should be reviewed further. City Manager Kyle Hayes suggested to Council that he would ask the Executive Director of The Partnership of Southeast Texas ( Post) to come to Council for a workshop. Council agreed, and Mayor Lord tabled item number seven. 8. Consider authorizing the City Manager to execute a contract for the Bunn's Bluff Canal - Levee Improvement Project - Resolution 03-240 Administration recommended approval of the contract with Brystar Contracting, Inc.,of Beaumont, in the amount of$2,039,667.00 to rehabilitate the levees of Bunn's Bluff Canal. The DBE goal will be met through subcontracts with the certified DBE firms of Southeast Texas Precast and Ramco for a total of$203,050.00. This amount represents 10% of the total bid. The existing 2.8 miles of levees built in the early 1900's have structurally deteriorated allowing breaching to occur on a regular basis. The levees must be rebuilt to their original width and elevation in order to restore the integrity of this major section of the raw water delivery system, provide adequate and high quality water supply to the customers, and allow safe access for City employees. Funds for the project are available in the Water Capital Improvements Fund. Councilmember Beaulieu moved to approve RESOLUTION 03-240 TO CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE BUNN'S BLUFF CANAL - LEVEE IMPROVEMENT PROJECT. Mayor Pro Tern Ames. seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 9. Consider approving payment for repairs to a 1999 Caterpillar D7 bulldozer - Resolution 03-241 Administration recommended payment for repairs in the amount of$32,196.32 to Mustang Tractor and Equipment. Minutes-October 28,2003 The Clean Community Department utilizes two (2) bulldozers for compaction of trash and cover material at the landfill as needed. The unit referenced above has 8,500 hours on the engine. In the course of operation, the engine showed signs of low compression, which necessitated immediate replacement of the engine. Funds are available for this expenditure in the Fleet Management Fund. Councilmember Beaulieu wanted to know if there was a process or formula in place for determining at what point equipment is repaired or replaced? City Manager Kyle Hayes addressed the question, stating that there is no formula used for this determination. He also stated that the departments work with the Fleet Division noting how often the equipment is repaired in the shop. The City Manager stated that this particular piece of equipment is extremely expensive and that he felt that it would be more cost effective to repair rather than purchase a new one. Councilmember Smith moved to approve RESOLUTION 03-241 TO CONSIDER APPROVING PAYMENT FOR REPAIRS TO A 1999 CATERPILLAR D7 BULLDOZER. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED PUBLIC HEARING: Dilapidated Structures Mayor Lord declared the Public Hearing open at 1:55 p.m. 10. Consider approval of 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 and authorizing the removal of certain other structures whose owners failed to comply with condemnation orders Alfred R. Arredondo 1125 Van Buren Beaumont, TX Mr. Arredondo addressed Council, asking that his house be removed from the demolition list. Councilmember Samuel informed Mr. Arredondo that his property was not on the demolition list and stated that he would address this matter after the public hearing. Minutes-October 28,2003 M.T. Alford 1650 Avalon Beaumont, TX Mr. Alford addressed Council concerning property located at 5210 Idylwood, stating that he purchased this property from a Real Estate Company recently and had no idea that the property was on the demolition list and asked Council if he might be allowed to repair the property and not have it demolished. Pamela Loiacano with the Clean Community department addressed Mr.Alfords concerns, stating that she had enrolled him in a 120 day work program. Nelson Melonson, Jr. 3870 Nathan Beaumont, TX Mr. Melonson asked Council for an extension to complete work already started on the property located at 2150 Rusk, stating that, due to the contractor leaving, the work has ceased. Pamela Loiacano with the Clean Community department stated that she was asking for a raze or repair order and that the owner be enrolled in a new work program to complete the work. Mary Jo Chaison 1237 Williams Ave. Port Arthur, TX Ms. Chaison addressed Council concerning the property located at 1350 Harriot, stating that she is one of the administrators of this estate and that this property is in a law suit. Ms. Chaison agreed that this property is a menace and does indeed need to be demolished, but also stated that the other administrator of the estate has to be in agreement. Pamela Loiacano with the Clean Community department addressed the concerns of Ms. Chaison, stating that she is asking for a raze order on this property and that the property will be demolished, barring an injunction stemming from the law suit. Wayne Frederick 290 Dowlen Rd. Beaumont, TX Mr. Frederick with Coldwell Banker Southern Homes addressed Council concerning property located at 2170 Pecos, stating that he was recently assigned to this property and that he has received bids to get the property cleaned and boarded up and stated that there is a potential buyer for this property. Mr. Frederick asked Council for fourteen days to get the house ready to be placed on the market and anticipates having the property sold within sixty days. Pamela Loiacano stated to Council that she had requested a raze order on this property, but if Council decided to remove the property from the raze order and put it on raze and repair and given 121 days and everything closed and the new owner supplied proper documentation, she could enroll the owner into a work program. Mayor Lord stated to Mr. Frederick her concerns with the 14 day time limit, and that the sooner the property can be made secure is in the best interest of public safety. Minutes-October 28,2003 Gaylyn Leon Cooper 6570 Wilder Dr. Beaumont, TX Mr. Cooper addressed Council in reference to the property located at 2165 Euclid, stating that he represents this estate and that the property is in probate and was not aware of this property being tagged for demolition. Mr. Cooper asked for the opportunity to retrieve items from the dwelling and also stated that the heir would prefer to raze the property herself and asked that they be given 30 to 60 days to have this completed. Pamela Loiacano stated to Council that there was not a problem with holding the property to allow the heir time to demolish the structure. Mayor Lord closed the Public Hearing at 2:10 p.m. as no other citizen came forward with comments. Councilmember Beaulieu moved to approve ORDINANCE 03-082 APPROVING THE RECOMMENDATIONS AS THEY WERE SUBMITTED TO COUNCIL WITH THE EXCLUSION OF NUMBER 16, WHICH WOULD BE MOVED TO RAZE OR REPAIR. Councilmember Samuel seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED Councilmember Samuel requested that Pamela Loiacano and staff give Council a report concerning the property of Mr. Alfred Arredondo and that they bring this matter back to Council November 3, 2003. Councilmember Patterson referred to a previous discussion concerning citizens purchasing property that has been red tagged, wanting to know if a plan had been put into effect to make the citizen aware of the status of the property. City Manager Kyle Hayes replied that this information is available in the Jefferson County Courthouse with a title search. WORK SESSION Martin Luther King, Jr. Parkway Commission Mayor Lord declared the Work Session open at 2:12 p.m. Councilmember Samuel acknowledged the Commission members present and introduced Reverend Carrington, who would present his proposal to Council. Minutes-October 28,2003 Reverend Carrington discussed his recommendations concerning the Martin Luther King, Jr. Commission and fund raising for the Martin Luther King, Jr. Monument. Councilmember Samuel expressed his appreciation to Ms. Beverly Hatcher and Reverend Carrington for their efforts in working to make this project a reality. Ms. Hatcher, Chairman of the Commission addressed Council stating thatthe Commission be allowed to meet to discuss Reverend Carrington's recommendations and return to Council. Mayor Lord thanked Ms. Hatcher for everything that she has done concerning this project. Mayor Lord closed the Work Session at 2:43 p.m. as no other citizen came forward with comments. COUNCILMEMBER COMMENTS COUNCILMEMBER PATTERSON STATED THAT SHE WAS PLEASED WITH HAVING THE WORK SHOP AND FEELS THAT SOMETHING POSITIVE WILL COME FROM IT. COUNCILMEMBER PATTERSON ALSO ANNOUNCED THAT THE SOUTH PARK NEIGHBORHOOD ASSOCIATION WILL HOLD ITS' MONTHLY MEETING THURSDAY, OCTOBER 30,2003,AT 6:30 P.M. AT THE SOUTH PARK BAPTIST CHURCH. COUNCILMEMBER SAMUEL COMMENTED "TO GOD BE THE GLORY"AND THAT HE CONSIDERS IT A PRIVILEGE TO LIVE IN BEAUMONT AND HOPES THAT GOD WILL CONTINUE TO BLESS THIS CITY AND THE STATE. MAYOR PRO TEM AMES CONGRATULATED FORMER FIRE CHIEF, C.A. "PETE" SHELTON ON THE DEDICATION OF THE PLAZA AT THE FIRE MUSEUM BEING MADE IN HIS HONOR. COUNCILMEMBER SAMUEL ACKNOWLEDGED MR. CROOK, FORMERLY WITH THE TEXAS DEPARTMENT OF TRANSPORTATION, WHO WAS PRESENT IN THE AUDIENCE AND ASKED IF HE WOULD LIKE TO ADDRESS COUNCIL. MR. CROOK ADDRESSED THE MAYOR AND COUNCIL THANKING THEM FOR THE OPPORTUNITY TO COME BEFORE COUNCIL TO SHARE WITH COUNCIL HIS DESIRE TO HAVE THE MARTIN LUTHER KING, JR. MONUMENT PROJECT COMPLETED. COUNCILMEMBER COKINOS CONGRATULATED FORMER FIRE CHIEF C.A."PETE"SHELTON ON THE DEDICATION MADE IN HIS HONOR. COUNCILMEMBER BEAULIEU REITERATED EXPRESSIONS OF COUNCIL. Minutes-October 28,2003 COUNCILMEMBER SMITH EXPRESSED HOW BEAUTIFUL THE NEWLY REMODELED JEFFERSON THEATER IS AND ANNOUNCED THAT NOVEMBER 7, 2003 IS OPENING NIGHT AND THERE WILL BE PROGRAMS HELD IN THE FOLLOWING WEEK. CITY MANAGER KYLE HAYES - NONE CITY ATTORNEY LANE NICHOLS - NONE MAYOR LORD ANNOUNCED THAT SHE ATTENDED THE RECEPTION FOR THE NAVY CREWMEMBERS THAT WERE DOCKED AT THE PORT OF BEAUMONT FOR "NAVY DAYS" AND CONVEYED THEIR EXPRESSIONS OF APPRECIATION TO THE CITY OF BEAUMONT FOR COMING BACK TO WHAT THEY CONSIDER AS THEIR "SECOND HOMETOWN". Public Comments (Persons are limited to three minutes) Frank Kiefer 3190 Willowood Beaumont, TX Mr. Kiefer addressed Council concerning scooters operating on City streets,flooding in the North and West End areas of Beaumont, and his suggestions for alleviating the problem of missing street signs in the City. Councilmember Smith commented in reference to Mr. Kiefer's concerns with scooters operating on City streets, agreeing that they presented a possible danger. Audio tapes are available upon request in the City Clerk's Office. There being no further business, the meeting adjourned at 3:44 p.m. Mayor Evelt Lord City Cler ' ffice Minutes-October 28,2003