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Home My WebLink AboutMIN OCT 5 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 Tom Bobbie J. Patterson October 5, 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 October 5, 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, 3-6/Consent Agenda Consent Agenda Mayor Lord called the council meeting to order at 1:30 p.m. Pastor Elmo Chaison of Peaceful Rest Baptist Church gave the invocation. Evan and Corey Cooper led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Lord, Mayor Pro Tern Ames, Councilmembers Smith, Beaulieu, Cokinos, Patterson and Samuel. Also present were Kyle Hayes, City Manager; Lane Nichols, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions "Physician Assistant Week" - October 6-12, 2004 - Proclamation was read by Councilmember Smith; accepted by Karen Williams Public Comment: Persons may speak on scheduled agenda items1, 3-6/Consent Agenda. Michael Alfred 1395 Calvin Beaumont TX Item #5: Owner of property on 850 Doucette Avenue; requested additional time to have property properly repaired Allen Lee 5095 Maddox Street Beaumont TX Item #1: Concern about the process to select the City Attorney; proud to see Tyrone Cooper appointed Minutes-October 5,2004 CONSENT AGENDA Approval of minutes - Minutes of September 28, 2004 Confirmation of committee appointments - Resolution 04-234 A) Kip Glasscock would be appointed to the Civil Service Commission. The term would commence October 5, 2004 and expire October 4, 2005. (Kyle Hayes, City Manager) Dewey Gonsoulin would be appointed to the Civil Service Commission. The term would commence October 5, 2004 and expire October 4, 2006. (Kyle Hayes, City Manager) Raymond Ambres would be appointed to the Civil Service Commission. The term would commence October 5, 2004 and expire October 4, 2007. (Kyle Hayes, City Manager) A) Approve compensation for the City Manager- Resolution 04-235 The City Manager, Kyle Hayes,will be paid a base salary of$10,958.34 per month and will receive a car allowance of$583.33 per month. The City of Beaumont will make an annual contribution of $11,000 to the International City/County Management Association's Deferred Compensation Program. The compensation will be retroactive to August 1,2004. The City Manager will continue to receive a cell phone allowance of $30 per month. All other benefits extended to civilian employees will continue to be provided as well. B) Approve compensation for the City Attorney - Resolution 04-236 The City Attorney, Lane Nichols,will be paid a base salary of$9,040.84 per month and will receive a car allowance of$500.00 per month. The City of Beaumont will make an annual contribution of$8,000 to the International City/County Management Association's Deferred Compensation Program. All other benefits extended to civilian employees will continue to be provided as well. C) Approve compensation for the City Clerk - Resolution 04-237 The City Clerk, Rose Ann Jones, will be paid a base salary of$4,583.34 per month. The compensation will be retroactive to July 1, 2004. All other benefits extended to civilian employees will continue to be provided as well. D) Approve the waiver of penalties and interest on eight tax accounts processed by the Jefferson County Tax Assessor-Collector's Office - Resolution 04-238 Council member Smith moved to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED Page 2 of 9 Minutes-October 5,2004 GENERAL BUSINESS 1. Consider the appointment of the City Attorney effective November 1, 2004 - Resolution 04-239 City Council considered the appointment of Tyrone Cooper as the City Attorney effective November 1, 2004. Mr. Cooper is currently the First Assistant City Attorney and has been employed with the City of Beaumont for 25 years. The City Charter states "The City Council shall appoint the City Attorney who must be a competent practicing attorney in the City of Beaumont. He shall receive for his services such compensation as may be fixed by the City Council and shall hold his office until his successor is appointed and qualified." The City Attorney is the legal advisor of and attorney and council for the City and for all officers and departments thereof. The City Attorney will be paid a base salary of$9,129.17 per month and will receive a car allowance of$585.33 per month. The City of Beaumont will make an annual contribution of$11,000 to the International City/County Management Association's Deferred Compensation Program. The City Attorney will receive a$30 a month cell phone usage allowance. All other benefits extended to civilian employees will continue as provided as well. Councilmember Samuel moved to APPROVE RESOLUTION 04-239 APPOINTING TYRONE COOPER AS CITY ATTORNEY EFFECTIVE NOVEMBER 1,2004. Councilmember Patterson seconded the motion. Councilmembers Smith, Cokinos, Beaulieu, Samuel, Patterson, Mayor Pro Tern Ames, City Manager Hayes, City Attorney Nichols and Mayor Lord voiced their congratulations and support of Tyrone Cooper's appointment as the new City Attorney. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 2. Consider approving a request for a specific use permit to allow a craft mall and a restaurant in an RCR(Residential Conservation and Revitalization) District at 1820 Pennsylvania and 1885 Park - Ordinance 04-080 Administration recommended approval of a specific use permit to allow a craft mall and a restaurant in an RCR (Residential Conservation and Revitalization) District at 1820 Pennsylvania and 1885 Park subject to the following conditions: 1) Provide a 6' wide landscaping strip along the north, east and west sides of the parking lot 2) Any improvement to the existing drainage system shall be constructed by an underground drainage pipe system Page 3 of 9 Minutes-October 5,2004 3) Provide a minimum of 26 parking spaces and with a modification to the landscaping/screening requirements along the southeast, southwest and east property lines. LinMarie Garsee and Jesse Gomez, dba Two Hearts Village, are requesting a specific use permit to allow the operation of a craft mall and a restaurant at 1885 Park and 1820 Pennsylvania. The subject property is currently occupied by a vacant 2,197 sq. ft. apartment house. It is the desire of the applicants to construct an additional 2,085 sq. ft. of space to that building for use as a craft mall. In addition, a separate 392 sq. ft. building will be placed on the property for use as a take-out hamburger stand. The owners currently operate Two Hearts Leather& More retail store at 495 Craig. It is the intent of the applicants to move this store to the new location. Additional rental space will be available for lease. At a Joint Public Hearing held September 30,2004,the Planning Commission voted 5:3 to deny a specific use permit to allow a craft mall and a restaurant in an RCR (Residential Conservation and Revitalization) District at 1820 Pennsylvania and 1885 Park. Mayor Pro Tern Ames moved to ADOPT ORDINANCE 04-080 GRANTING A SPECIFIC USE PERMIT TO ALLOW A CRAFT MALL AND A RESTAURANT IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 1820 PENNSYLVANIA AND 1885 PARK IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 3. Consider approving the purchase of fleet vehicles through the State of Texas Cooperative Purchasing Program - Resolution 04-240 Administration recommended authorization forthe purchase of vehicles through the State of Texas Cooperative Purchasing Program in the amount of$675,218. Thirty-six (36) vehicles, budgeted in Fiscal Year 2005, are available through the State of Texas Cooperative Purchasing contract. Included in this year's budget are funds for twenty-one (21) pursuit vehicles, three (3) intermediate sedans, one (1) full size cargo van,two (2)Y2 ton pickup trucks, one(1)Y2 ton four wheel drive truck, two (2) extended cab with four wheel drive pickups, one (1) 3/4 ton gasoline powered cab and chassis equipped with a utility body, one (1) extended cab compact pickup truck, two (2) 15,000 GVWR medium duty diesel powered cab and chassis, one (1) 17,500 GVWR medium duty diesel powered cab and chassis, and one (1) 3/4 ton diesel powered cab and chassis with duel rear wheels. Page 4 of 9 Minutes-October 5,2004 Replacement vehicles and additions to the fleet are requested through the City's budget process. The Internal Services Department reviews the requests and evaluates the equipment to be replaced. Based on this evaluation, a recommendation is made to replace worn and obsolete vehicles that are no longer cost effective to operate. All of the vehicles are replacement vehicles. The units will replace year models ranging from 1992 to 2002. Some of the replaced vehicles will be relocated to other divisions. The remaining vehicles will be deposed of according to the City's surplus property disposal policies. Funds in the amount of$565,446, $68,224 and $41,548 will be expended from the Capital Reserve Fund, Water Fund, and Auto Theft Task Force funds, respectively. COuncilmember Cokinos moved to APPROVE RESOLUTION 04-240 TO AUTHORIZE THE CITY OF BEAUMONT TO PARTICIPATE IN THE STATE OF TEXAS COOPERATIVE PURCHASING PROGRAM FOR THE PURCHASE OF VEHICLES AT A TOTAL COST OF $675,218. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 4. Consider authorizing the City Manager to execute an agreement for architectural services for the design and construction management of the new Convention and Visitors Bureau (CVB) Office Building - Resolution 04-241 Administration recommends authorizing the City Manager to execute an agreement with Sigma Engineers, Inc. forthe design and construction management of the new Convention and Visitors Bureau (CVB) Office Building and Visitor Center. Council approved the construction of a new facility in the Fiscal Year 2005 Capital Improvement Program. The new building will provide facilities to adequately meet the needs of the CVB and the traveling public. This facility not only provides an office environment for the CVB staff, it also acts as the first point of contact for visitors to the City. Priorto receipt of the proposals, a committee was formed to evaluate the RFP's and recommend a firm to provide the desired services. After reviewing the proposals and interviewing four firms, the committee selected Sigma Engineering, Inc. as the firm whose services are most meritorious to the City. Estimated cost of the project, including architect and engineering fees, is $1.1 M. Project design will commence upon the execution of the proposed agreement. Project design is expected to be complete by the end of March, 2005. The City is in the process of acquiring the new building site. The proposed site is located on the downtown entrance corridor at the intersection of Willow and McFaddin Streets. Page 5 of 9 Minutes-October 5,2004 Sigma Engineering, Inc. is certified by the City as a Minority Business Enterprise. Architectural fees are 6.87% of construction costs, not to exceed $65,000. Funds are available in the General Improvement Fund. Councilmember Coki nos moved to ADOPT RESOLUTION 04-241 TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SIGMA ENGINEERS,INC. FOR THE DESIGN AND CONSTRUCTION MANAGEMENT OF THE NEW CONVENTION AND VISITORS BUREAU (CVB) OFFICE BUILDING AND VISITOR CENTER. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 5. Consider approving an ordinance amending Ordinance No. 04-030 relating to the structures located at 850 Doucette Avenue and 3160 Tracy - Ordinance 04-081 Atthe request of CouncilmemberAudwin Samuel,the Administration recommended that the condemnation order for the structures located at 850 Doucette Avenue and 3160 Tracy be reconsidered by Council to allow the property owners to rehabilitate them. The structure located at 850 Doucette Avenue and at 3160 Tracy were brought before City Council on May 4, 2004 with staff's recommendation of a raze or repair order. The City may incur the cost of demolition if the structures are not rehabilitated. Upon recommendation of Council,staff will enroll the property owners in a newwork program and monitor the progress of work. If the structure is not brought up to code or substantial progress is not made within the specified time period, the structures will be demolished without any further notification to property owners or Council action. Councilmember Samuel moved to ADOPT ORDINANCE 04-081 AMENDING ORDINANCE 04-030, TO REMOVE THE STRUCTURES LOCATED AT 850 DOUCETTE AVENUE AND 3160 TRACY FROM SECTION 3 AND DIRECTING THAT THE STRUCTURES AT 850 DOUCETTE AVENUE AND 3160 TRACY BE DEMOLISHED OR REPAIRED WITHIN 120 DAYS; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE Page 6 of 9 Minutes-October 5,2004 MOTION PASSED 6. Consider approving a software upgrade for use by various City departments - Resolution 04-242 Administration recommended the purchase and installation of a software upgrade from HTE, Inc. in the amount of$50,868. The current HTE software in use by various City departments utilizes an outdated format. HTE's upgraded software version known as NaviLine uses a more modern Windows based format. A Windows based system would be easier to use and would adapt to future technology changes more readily than the City's antiquated software. Additionally, the upgrade to the NaviLine software would allow the City to take full advantage of future software enhancements offered by HTE, Inc. The NaviLine Software will ultimately cost less to maintain than the current HTE software. The purchase and installation of the NaviLine software is expected to initially reduce the software maintenance costs by approximately$10,000 annually. As HTE migrates toward the newer Window based systems, the older software will become increasingly costly to maintain and will eventually no longer be supported by HTE. This upgrade is exempt from competitive bidding since it is available only from one source having exclusive rights to modify and maintain the software. Funds are available in the Capital Reserve Fund. COuncilmember Cokinos moved to ADOPT RESOLUTION 04-242 TO APPROVE THE PURCHASE AND INSTALLATION OF ASOFTWARE UPGRADE FROM HTE,INC. IN THE AMOUNT OF $50,868. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE COUNCILMEMBER BEAULIEU - NONE COUNCILMEMBER COKINOS - NONE MAYOR PRO TEM AMES- WISHED BEST OF LUCK TO CITY ATTORNEY NICHOLS ON HIS FUTURE RETIREMENT Page 7 of 9 Minutes-October 5,2004 COUNCILMEMBER SAMUEL - THANKED CITY MANAGER HAYES, TOM WARNER AND JIM TERRY FOR THEIR AVAILABILITY IN ANSWERING CITIZENS QUESTIONS AT THE NORTH END ASSOCIATION COUNCILMEMBER PATTERSON - COMMUNITY ANNOUNCEMENTS; CONGRATULATIONS TO TYRONE COOPER ON HIS NEW APPOINTMENT AS CITY ATTORNEY CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR LORD - EXTENDED A THANK YOU TO THE INDIA ASSOCIATION FOR THEIR HOSPITALITY DURING INDIA FEST Public Comments (Persons are limited to three minutes) LeRoy Lewis III 7866 Gladys Beaumont TX Ideas for City Council: would like to see all parts of Beaumont beautified as well as the need for more sidewalks, better healthcare and equal employment opportunities Dean Tucker 2570 Laurel Avenue Beaumont TX Spoke on the need for citizens to be more active in their community and government Allen Lee 5095 Maddox Street Beaumont TX Condolences to the family and coworkers of Officer Lane; will miss City Attorney Nichols when he retires EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: City of Beaumont vs. House of Praise Deliverance Ministry, Inc. Executive Session was not held; therefore, Council adjourned at 2:20 p.m. Page 8 of 9 Minutes-October 5,2004 Audio tapes are available upon request in the City Clerk's Office. Evelyn M. Lord, Mayor Rose Ann Jones, TRMC tl City Clerk Page 9 of 9 Minutes-October 5,2004