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Home My WebLink AboutMIN AUG 10 2004 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 August 10,2004 Audwin Samuel Lane Nichols, City Attorney Kyle Hayes, City Manager Rose Ann Jones, City Clerk The City Council of the City of Beaumont,Texas, met in a regular session on August 10, 2004, 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 1-7/Consent Agenda Consent Agenda Mayor Pro Tern Ames called the council meeting to order at 1:30 p.m. PastorAnn Schaumburg of Christian Science Church gave the invocation. Councilmember Beaulieu led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Pro Tern Ames, Councilmembers Smith (arrived late 1:35), Beaulieu,Cokinos, Patterson and Samuel. Absent:Mayor Lord. Also present were Kyle Hayes,City Manager; Lane Nichols, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled agenda items 1-7/Consent Agenda. Beverly Hickman 4645 Hardwood Lane Beaumont TX Item#3: Immediate Past President of the Beaumont Community Players and Chairperson of the Building Campaign;thanked the Cityforthe support received overthe years;announced that some new developments have come to pass and they are going to partner and house the Gilbert Cultural Arts Center as part of their project Ernest Noble Cunningham 4533 Glengarry Houston TX 77048 Item #7: 1825 Elgie Street: Requested six months additional time to repair structure Minutes-August 10,2004 Luston House 285 E. Plum Street Beaumont TX Item #7: 2995 Pine Street: Requested additional time to bring structure into compliance Walter John 800 Avenue F, Apt. #189 Bay City TX Item #7: 1085 Long Street: Requested additional time to repair structure due to financial hardship CONSENT AGENDA Approval of minutes- Minutes of August 3, 2004 Confirmation of committee appointments - None A) Approve a resolution accepting maintenance of the street,storm sewer,water and sanitary sewer improvements in West Chase Village Subdivision,Section Seven-Resolution 04-176 CouncilmemberCokinos moved to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Receive the FY 2005 Proposed Budget and schedule a public hearing on the FY 2005 Proposed Budget - Resolution 04-177 Administration recommended that Council schedule a public hearing on August 31, 2004 to review the FY 2005 budget. Article VI, Section 2 of the City Charter requires that the proposed budget be submitted to the Council at least 45 days priorto the beginning of the newfiscal year. In addition, Section 4 requires Council to schedule a public meeting on the FY 2005 proposed budget and authorize the City Clerk to publish the notice of the public hearing. A public hearing will be scheduled for August 24,2005. If the appropriations increase, another public hearing must be held. The target date for the adoption of the Budget is September 14,2004. However,it must be adopted no laterthan September 27,2004. Page 2 of 8 Minutes-August 10,2004 Councilmember Cokinos moved to APPROVE RESOLUTION 04-177 TO SCHEDULE A PUBLIC HEARING ON AUGUST 31, 2004 AT 1:30 P.M. TO CONSIDER THE FY 2005 PROPOSED BUDGET. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 2. Consider scheduling a public hearing on the FY2005 Capital Improvement Program (CIP) - Resolution 04-178 Administration recommended that Council schedule a public hearing on August 31, 2004 to review the FY 2005 Capital Improvement Program (CIP) The FY 2005 Capital Improvement Program was originally submitted to Council on May 11,2004. Article VI,Section 20 of the City Charter requires Council to schedule a public hearing on the proposed CIP and authorize the City Clerkto publish the notice of the public hearing. The financial impact of the FY 2005 Capital Improvement Program will be reviewed with Council at a workshop on August 24, 2004. A public hearing will be held on August 31,2004. The target date for the adoption of the Cl Pis September 14,2004. However, it must be adopted no later than September 27, 2004. Councilmember Cokinos moved to APPROVE RESOLUTION 04-179 TO SCHEDULE A PUBLIC HEARING ON THE FY 2005 PROPOSED CAPITAL IMPROVEMENT PROGRAM ON AUGUST 31, 2004 AT 1:30 P.M. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 3. Consider authorizing the City Manager to execute an extension of the Beaumont Community Players' Development and Lease Agreement - Resolution 04-179 Administration recommended authorizing the City Manager to execute a one year extension to the current Development and Lease Agreement which the City holds with the Beaumont Community Players (BCP)for the construction of a new community theatre on City-owned property. Council authorized a Development and Lease Agreementwith BCP on August 8,2000 for the construction and lease of a new community theatre located on City-owned Page 3 of 8 Minutes-August 10,2004 property. BCP proposed to raise approximately$1.5 million to fund the design and construction of a 13,000 square foot building. The proposed building will seat 250 to 300 patrons in an auditorium-style arrangement. It will also provide a multipurpose room to host dinner plays, rehearsals and meetings, administrative offices for BCP, costume and scene shops, and storage. The terms of the agreement require the City to provide a site at the corner of College and Orleans Streets, upon which the new theatre is to be constructed. Upon completion of the construction,BCP will donate the theatre to the City,then lease the facility for a twenty (20) year term. A nominal lease payment of$10 per year will provide the contractual consideration. BCP will have exclusive use of the facility for education, civic, entertainment, and community theatre purposes. In accordance with the conditions stated in the original agreement,construction was to have commenced within two years afterexecution of the agreement,afterwhich time the right of BCP to use the property terminated. In 2002 and again in 2003, BCP requested extensions of the agreement. This was due to the fact that BCP was in need of more time to raise the then-estimated $2.5M required to construct the building. BCP is again requesting an extension of the lease agreement. They currently have received more than$372,000 of the$634,000 in pledges. Additional time is required to attain the remaining funding. There is no budgetary impact during the term of the extension. Once the building is constructed and ownership is transferred to the City, the City would be responsible for maintenance and utility expenses for its operation. Councilmember Cokinos moved to APPROVE RESOLUTION 04-179 TO AUTHORIZE A ONE-YEAR EXTENSION TO THE CURRENT DEVELOPMENT AND LAND LEASE AGREEMENT WHICH THE CITY HOLDS WITH THE BEAUMONT COMMUNITY PLAYERS' FOR THE CONSTRUCTION OF A NEW COMMUNITY THEATRE ON CITY-OWNED PROPERTY. Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 4. Consider approving a bid for the purchase of a drive through car wash system - Resolution 04-180 Administration recommends awarding a bid forfurnishing all labor,supplies,materials and equipment for furnishing and installing a drive through car wash system to Car Wash USA of Lake Jackson, Texas in the amount of$51,683.70. The car wash system will replace the twelve year old unit currently in service at the Fleet Service Center. The new system is designed to clean light duty vehicles such as cars,vans and pickups. Heavy duty vehicles and trucks are washed manually using high pressure washers. Page 4 of 8 Minutes-August 10,2004 Funds for this project are available in the Fleet Fund. Councilmember Smith moved to APPROVE RESOLUTION 04-180 TO AWARD ACONTRACT TO CAR WASH USA, LAKE JACKSON, TEXAS IN THE AMOUNT OF $51,683.70 FOR FURNISHING ALL LABOR, SUPPLIES, MATERIALS AND EQUIPMENT FOR FURNISHING AND INSTALLING A DRIVE THROUGH CAR WASH SYSTEM AT THE FLEET SERVICE CENTER. Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 5. Consider approving a bid for the purchase and installation of a fire alarm system upgrade for City Hall - Resolution 04-181 Administration recommended award of a bid forthe purchase and installation of a fire alarm system upgrade in the amount of$51,148 to Advanced Systems of Beaumont. The upgrade will replace the system which has been in service since the construction of the building, and will significantly enhance the effectiveness and reliability of the system. The unit will communicate with the alarm monitoring company currently under contractwith the Cityvia dedicated phone line. The system will have a battery backup in the event of a power failure. Funds are available for this expenditure in the Building Services operating budget. Councilmember Beaulieu moved to APPROVE RESOLUTION 04-181 TO AWARD A CONTRACT FOR THE PURCHASE AND INSTALLATION OF A FIRE ALARM SYSTEM UPGRADE IN THE AMOUNT OF$51,148 TO ADVANCED SYSTEMS OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 6. Consider authorizing the CityManagerto acceptthe FletcherMini Park Improvements and authorize final payment - Resolution 04-182 Administration recommends final paymentto G&G Enterprises and acceptance of the FletcherMini Park Improvements. The project has been inspected bythe Engineering Division and found to be completed in accordance with the provisions and terms set out in the contract. Page 5 of 8 Minutes-August 10,2004 Councilmember Cokinos moved to APPROVE RESOLUTION 04-182 TO AUTHORIZE THE CITY MANAGER TO ACCEPT THE FLETCHER MINI PARK IMPROVEMENTS PROJECT AND AUTHORIZE FINAL PAYMENT IN THE AMOUNT OF $6,020.62. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 7. Consider amending Ordinance No. 04-052 relating to the structures located at 1085 Long Street,2995 Pine Street(Commercial)and 1825 Elgie Street -Ordinance 04- 057 At the request of Councilmembers Samuel and Patterson,Administration recommends that the condemnation orderforthe structures located at 1085 Long Street,2995 Pine Street(Commercial)and 1825 Elgie Street be reconsidered by Council to allow the property owners to rehabilitate the structures. These structures were brought before Council on June 29, 2004 with staff's recommendation of a raze order. With Council's recommendation,staff will enroll the property owners in work programs and monitor the progress of the work. If the structures are not brought up to code or substantial progress is not made within the specified time period,the structures will be demolished without anyfurther notification to property owners or City Council action. Councilmember Samuel moved to ADOPT ORDINANCE 04-057 TO AMEND ORDINANCE 04-052 RELATING TO REMOVE THE STRUCTURES LOCATED AT 1085 LONG STREET,2995 PINE STREET(COMMERCIAL)AND 1825 ELGIE STREET FROM SECTION 2 AND DIRECTING THE STRUCTURES TO BE DEMOLISHED OR REPAIRED WITHIN 120 DAYS. Councilmember Patterson seconded the motion. AYES: MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER PATTERSON- NONE COUNCILMEMBER SAMUEL- CONCERT IN THE PARK HAS BEEN RESCHEDULED FOR AUGUST 15,2004 AT FAIR PARK FROM 5:00 PM TO 8:00 PM; RECEIVED REQUESTED POLICE REPORT Page 6 of 8 Minutes-August 10,2004 FROM CITY MANAGER AND REQUESTED THAT A WORKSHOP BE HELD AUGUST 24,2004 TO DISCUSS THIS AS WELL AS POLICE RECRUITING PROCEDURES COUNCILMEMBER COKINOS - NONE COUNCILMEMBER BEAULIEU - TASTE FOR SOME OTHER PLACE IS BEING HELD TONIGHT STARTING AT 5:00 PM AT THE CIVIC CENTER COUNCILMEMBER SMITH - NONE CITY MANAGER HAYES - NONE CITY ATTORNEY NICHOLAS- NONE MAYOR PRO TEM AMES - NONE Public Comments (Persons are limited to three minutes) E. R. Hamilton Lamar University Beaumont TX Student from Lamar University,stated that he is still waiting to hearfrom the Crockett Street Management Group and would like some resolution to the unfairtreatment of college students LeRoy Lewis III 7866 Gladys Beaumont TX Ideas for City Council included the need for more minority police officers, traffic around Lamar area continues to be a problem,lack of sidewalks forthe disabled,limit on property taxes for senior citizens and the need for more immediate city health inspections in our restaurants and grocery stores Kerry J. Avie 1280 Saxe Beaumont TX Prayer for City Sandra Wilturner 3925 Concord Road Beaumont TX Would like the Council to carefully study the proposed budget and how itwill affect the City in future years Michael Doggett 4165 Old Dowlen Road Beaumont TX Is circulating a petition for a property tax freeze for those 65 and older or disabled; encouraged all to sign this petition to help those on fixed income Page 7 of 8 Minutes-August 10,2004 Donald L. LaFleur Sr. 1167 Cartwright Street Beaumont TX Voiced his continued concerns with the alleged brutality of the police department and that his brother is still in the hospital and can't walk; racist crimes need to be stopped Dean Tucker 2570 Laurel Avenue Beaumont TX Feels that the people should tell the government what to do, not the government telling the people what to do;feels that the LaFleur tape should be released to the public as the public owns the tape Bernie Minnard 1025 Brockman Street Beaumont TX Volunteer for the YMCA and Junior Achievement;three young men informed him that they submitted police applications for the City and they were advised to submit applications in neighboring cities;feels thatthe Police Recruitment Panel is unfairand should consist of more members when interviewing applicants Open session of meeting recessed at 2:00 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Roland Francis Claim of Annette Coward Douglas Manning, et al vs. City of Beaumont Donna Manning claim Penni Simonson, et al vs. City of Beaumont City of Beaumont vs. Rette Browning Councilmembers met in Executive Session at 2:20 p.m. There being no action taken in Executive Session, Council adjourned at 2:30 p.m. Audio tapes are available upon request in the City Clerk's Office. AMC IT%%%I 0 Becky A I es, yor Pro fern' s.• c 4 2 i s Rose Ann Jones, TRMC City Clerk Page 8 of 8 Minutes-August 10,2004