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MIN DECEMBER 9 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 December 9, 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 December 9, 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 1:30 p.m. Pastor Tony Williams of the Westgate Baptist Church gave the invocation. Beaumont Police Officer Carmon Apple led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk's Office. Present at the meeting were Mayor Lord, Mayor Pro Tern Ames, Councilmembers Smith, Beaulieu, Cokinos, and Samuel, Councilmember Patterson 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 Carolyn Howard, Director of Beaumont Main Street presented Council with various awards and plaques. Public Comment: Persons may speak on scheduled General Business Agenda Items 1 through 6 or on the Consent Agenda. Robert Dunham 905 Orleans Beaumont, TX Mr. Dunham addressed Council concerning Item No. 1. Mr. Dunham represented Mobil Oil Federal Credit Union objecting to the disannexation. Johnny Casmore 7295 Ellen Ln. Beaumont, TX Mr. Casmore from Exxonmobil addressed Council concerning Item No. 1. Mr. Casmore stated that Tagore and Burke streets would remain open and asked that Council approve the item. Minutes-December 9,2003 CONSENT AGENDA Approval of minutes - Minutes of December 2, 2003 Confirmation of committee appointments - Resolution 03-265 Arthur Berry would be reappointed to the Conservation and Tourism Advisory Committee. The current term would expire October 30, 2004. (Councilmember Nancy Beaulieu) Reverend David Robinson would be reappointed to the Martin Luther King, Jr. Parkway Commission. The current term would expire November 27, 2004. (Mayor Evelyn M. Lord) A) Approve the acceptance from Drainage District#6 of a Special Warranty Deed and a Utility Easement, conveying a water tower site and an adjacent thirty foot (30') wide easement along the south side of Dishman Road - Resolution 03-266 B) Approve the payment of an invoice for an annual software support agreement for a Motorola Mobile Data Communication System (MDC) - Resolution 03-267 Councilmember Cokinos moved to approve the Consent Agenda. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS,AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving an ordinance authorizing the disannexation of a 68.57±acre tract out of the David Brown League, Abstract 5 Jefferson County Texas - Ordinance 03-096 Administration recommends the disannexation of a 68.75+ acre tract out of the David Brown League, Abstract 5. In January 2002, Exxon Mobil and the City entered into an Industrial District Agreement. The city establishes industrial agreements within the extraterritorial jurisdiction of the City. Under the agreements, a company recognizes the benefits and an obligation to contribute to the revenues of the City in an amount commensurate with the burdens placed upon the City. In conjunction with the Industrial District Agreement, Exxonmobil and the City entered into an agreement for the purposes of disannexing certain properties, preventing Minutes-December 9,2003 reannexation of said properties and providing consideration for disannexation of the property. The property to be disannexed is now entirely owned by Exxomobil. Since January 2002, the City has abandoned street and alley rights-of-ways in accordance with the terms of the disannexation agreement. Additionally, utilities have been or will be disconnected to the property proposed for disannexation. It is the City's intention to cease providing services in this area. Councilmember Smith moved to APPROVE ORDINANCE 03-096 AUTHORIZING THE DISANNEXATION OF A 68.57± ACRE TRACT OUT OF THE DAVID BROWN LEAGUE, ABSTRACT 5 JEFFERSON COUNTY TEXAS. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUCILMEMBERS SMITH,BEAULIEU, COKINOS,AND SAMUEL NAYS: NONE MOTION PASSED 2. Consider approving ordinances increasing various fees charged by the City as discussed during the December 2, 2003 work session and summarized as follows: Councilmember Beaulieu moved to approve ORDINANCE NO.03-097 ENTITLED AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-13, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADD A NEW SUBSECTION 26-13 (24). Councilmember Smith seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS AND SAMUEL NAYS: NONE MOTION PASSED Mayor Pro Tern Ames moved to approve ORDINANCE NO. 03-098 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITYOF BEAUMONTTO AMEND FEES FOR ZONE CHANGE AND SPECIFIC USE PERMIT APPLICATIONS AND VARIANCES AND SPECIAL EXCEPTIONS. Councilmember Smith seconded the motion. Minutes-December 9,2003 AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS AND SAMUEL NAYS: NONE MOTION PASSED Councilmember Beaulieu moved to approve ORDINANCE NO.03-099 ENTITLEDAN ORDINANCE AMENDING CHAPTER 10 SECTION 10-3 (B) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND FIRE SERVICE FEES. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND SAMUEL NAYS: NONE MOTION PASSED Mayor Pro Tem Ames moved to approve ORDINANCE NO. 03-100 ENTITLED AN ORDINANCE AMENDING CHAPTER 29, SECTION 29-22, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO PROVIDE AN AMBULANCE COMPANY PERMIT FEE AND AMEND THE FEE FOR EACH UNIT OPERATED BY AN AMBULANCE COMPANY. Councilmember Smith seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS AND SAMUEL NAYS: NONE MOTION PASSED Councilmember Beaulieu moved to approve ORDINANCE NO.03-101 ENTITLEDAN ORDINANCE AMENDING CHAPTER 13, SECTION 13-16, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND CERTAIN HEALTH FEES. Councilmember Smith seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS AND SAMUEL NAYS: NONE MOTION PASSED Minutes-December 9,2003 Councilmember Smith moved to approve ORDINANCE NO. 03-102 ENTITLED AN ORDINANCE AMENDING CHAPTER 20, ARTICLE II, SECTION 20-21; PROVIDING FOR THE INCREASE IN RENTAL RATES. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS AND SAMUEL NAYS: NONE MOTION PASSED Mayor Pro Tern Ames moved to approve ORDINANCE NO. 03-103 ENTITLED AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES TO AMEND SECTIONS 16-9 AND 16-14 DEALING WITH NONRESIDENT FEES AND A PROCESSING FEE. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS AND SAMUEL NAYS: NONE MOTION PASSED Councilmember Beaulieu moved to approve ORDINANCE NO.03-104 ENTITLED AN ORDINANCE AMENDING CHAPTER 11, SECTION 11- 4 (B), OF THE CODE OF ORDINANCES. Councilmember Smith seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS AND SAMUEL NAYS: NONE MOTION PASSED Councilmember Smith moved to approve ORDINANCE NO. 03-105 ENTITLED AN ORDINANCE AMENDING CHAPTER 28; SECTION 28-52 (B), OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND SERVICE CHARGES. Mayor Pro Tern Ames seconded the motion. Minutes-December 9,2003 AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS AND SAMUEL NAYS: NONE MOTION PASSED 3. Consider approving funding for the Partnership of Southeast Texas - Resolution 03-268 The Administration recommends funding the Partnership of Southeast Texas $15,000 for FY2004 from the City's General Fund. The Partnership of Southeast Texas (POST) is a nonprofit, economic development corporation that works to develop cooperative efforts on a regional basis. Its purpose is to facilitate the retention and creation of jobs in a nine-county area that includes Chambers, Hardin, Jasper, Jefferson, Liberty, Newton, Orange and Tyler Counties and the Bolivar Peninsula in Galveston County. Councilmember Cokinos moved to approve RESOLUTION 03-268 TO FUND THE PARTNERSHIP OF SOUTHEAST TEXAS. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, AND COKINOS NAYS: COUNCILMEMBER SAMUEL MOTION PASSED 4. Consider approving an amendment to a contract with the Southeast Texas Community Development Corporation (SETCDC) - Resolution No. 03-269 The Administration recommends that City Council authorize the City Manager to approve an amendment to a$350,000 contract with the Southeast Texas Community Development Corporation in the amount of $50,100 to cover the cost of infrastructure at the old Dick Dowling school site. (SETCDC) was awarded a contract in the amount of $350,000 for costs associated with the construction of ten (10) new homes at the Dick Dowling school site. The site has been re-platted and infrastructure is required to install water and sewer utilities for a subdivision. SETCDC received bids from two contractors for the required infrastructure. Funding is available from the 2002 Consolidated Block Grant Program Infrastructure line item. There is $145,000 available in this line item. Minutes-December 9,2003 Councilmember Samuel moved to approve RESOLUTION NO. 03-269 AN AMENDMENT TO A CONTRACT WITH THE SOUTHEAST TEXAS COMMUNITY DEVELOPMENT CORPORATION (SETCDC). Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD,MOYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS AND SAMUEL NAYS: NONE MOTION PASSED 5. Consider approving the purchase of laptop computers for the Police Department - Resolution 03-270 Administration recommends the purchase of thirty (30) laptop computers for $1,871.89 each from Dell Computer Corporation of Round Rock, Texas for the Police Department. Bids were solicited from eight (8) CISV companies for thirty (30) laptop computers with a minimum 2.6 Gigahertz(Ghz)processor, 30 Gigabyte(GB)Hard Drive, and 256 Megabyte (MB) Random Access Memory (RAM). The new laptop computers will be used by the Police Department to replace outdated laptop computers which cannot support the upgraded electronic offense reporting system. The upgraded electronic offense reporting system allows more timely and accurate offense reporting, case filing, and information retrieval by investigative staff. Funds are available in the Confiscated Goods Fund. Councilmember Cokinos moved to approve RESOLUTION NO.03-270 TO PURCHASE LAPTOP COMPUTERS FOR THE POLICE DEPARTMENT. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS AND SAMUEL NAYS: NONE MOTION PASSED 6. Consider approving an ordinance to provide for current and prior service contributions to the City's account in the Municipal Accumulation Fund of the Texas Municipal Systems (TMRS) - Ordinance 03-106 The Administration requests approval of the ordinance to allow and provide for funding to TMRS for the 2004 year. Minutes-December 9,2003 TMRS is the retirement plan used for civilian and police civil service personnel. Fire civil services personnel are covered by the Beaumont Fireman's Relief& Retirement Fund, a separate entity. Annually, the actuary for TMRS calculates the contribution rate necessary for funding the plan for the upcoming year based on the benefits adopted within the City's retirement plan. The 2004 calculated contribution rate is 12.25% of payroll. This is composed of normal costs of 8.35% and prior service costs of 3.90%. The contribution rate for 2003 was 11.88% of payroll. Based on an estimated compensation of $38.6M, excluding the Fire Department the projected annual cost for the plan is approximately $4.7M. Councilmember Smith moved to approve ORDINANCE 03-106 TO PROVIDE FORCURRENTAND PRIORSERVICE CONTRIBUTIONS TO THE CITY'SACCOUNT IN THE MUNICIPAL ACCUMULATION FUND OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM(TMRS). Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS AND SAMUEL NAYS: NONE MOTION PASSED WORK SESSION Receive a report from the Beaumont Chamber of Commerce Mayor Lord declared the Work Session open at 2:15 p.m. Reports were given to Council by Jim Rich, President of the Beaumont Chamber of Commerce, Eddie Arnold, Chairman of Economic Development and Richard Barrileaux, Director of Economic Development. Councilmembers thanked the Beaumont Chamber of Commerce for the report. Mayor Lord closed the Work Session at 2:36 p.m. Mayor Lord read the required legal notice of an Executive Session. Minutes-December 9,2003 COUNCILMEMBER COMMENTS COUNCILMEMBER SMAUEL - NONE MAYOR PRO TEM AMES - NONE COUNCILMEMBER COKINOS WISHED THE MAYOR A HAPPY BIRTHDAY. COUNCILMEMBER BEAULIEU EXPRESSED THE WONDERFUL TIME SHE HAD AT THE CITY'S CHRISTMAS PARADE. COUNCILMEMBER SMITH EXPRESSED THAT THE PARADE WAS WONDERFUL WITH A GREAT TURN OUT. CITY MANAGER KYLE HAYES THANKED THE MAYOR FOR THE BEAUTIFUL TREE IN THE FRONT LOBBY OF CITY HALL, HE ALSO THANKED CITY STAFF FOR THE CHRISTMAS LIGHTING. CITY ATTORNEY LANE NICHOLS WISHED THE MAYOR A HAPPY BIRTHDAY. MAYOR LORD EXPRESSED THE GREAT TIME SHE HAD IN THE CITY'S CHRISTMAS PARADE. THE MAYOR ALSO DISCUSSED SEVERAL COMMUNICATIONS SHE RECEIVED OBJECTING TO ADVERTISEMENTS BEING PLACED ON UTILITY POLES. SHE REMINDED THE PUBLIC THAT THIS WAS ILLEGAL. Public Comments (Persons are limited to three minutes) Leroy Lewis, III 7866 Gladys Beaumont, TX Mr. Lewis wished the Mayor a Happy Birthday. He also expressed various concerns throughout the City. Audio tapes are available upon request in the City Clerk's Office. There being no further business, the meeting adjourned at 2:47 p.m. Mayor Evel Lord City Clerk's Office Minutes-December 9,2003