The URL can be used to link to this page

Home My WebLink AboutMIN MAR 02 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 March 2, 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 March 2, 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 3/Consent Agenda Consent Agenda Mayor Lord called the council meeting to order at 1:30 p.m. Rev. Patrick S. Healy of Our Mother of Mercy Catholic Church gave the invocation. City Attorney Lane Nichols 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, Samuel and Patterson. Also present were Kyle Hayes, City Manager; Lane Nichols, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions 1. "National Inhalant Awareness Week" - Proclamation read by Councilmember Smith declaring March 1 - 5, 2004 as "National Inhalant Awareness Week"; accepted by Karen Neild with the Beaumont Drug Free Commission 2. Councilmember Beaulieu reminded us that today was Texas Independence Day and read part of the Texas Declaration of Independence signed on March 2, 1836 Public Comment: Persons may speak on scheduled agenda item No. 3/ Consent Agenda. Jude Paredez 7103 Tram Road Beaumont TX Agenda Item A: against write-offs of accounts of over $1,000; commented about the Texas Independence Day CONSENT AGENDA Minutes-March 2,2004 Approval of minutes - Minutes of February 24, 2004 Confirmation of committee appointments - Resolution 04-046 Carol Dixon appointed to the Convention and Tourism Advisory Committee. The term commences March 2, 2004 and expires March 1, 2006. (Councilmember Patterson) Richard Chappell appointed to the Martin Luther King, Jr. Parkway Commission. The term commences March 2, 2004 and expires March 1, 2006. (Councilmember Samuel) Marie Easley reappointed to the Martin Luther King, Jr. Parkway Commission. The term will expire March 1, 2006. (Councilmember Samuel) Edith Marcot appointed to the Martin Luther King, Jr. Parkway Commission. The term commences March 2, 2004 and expires on March 1, 2006. (Mayor Pro Tern Ames) Rodney Martin appointed to the Parks and Recreation Advisory Committee. The term commences March 2, 2004 and expires March 1, 2006. (Councilmember Patterson) A) Approve a resolution to write-off uncollectible delinquent accounts for EMS charges for which each individual account exceeds $1,000 - Resolution 04-047 Councilmember Cokinos 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 request for a specific use permit to allow an ultra-sound imaging studio for expectant mothers in an RCR (Residential Conservation and Revitalization) District at 2633 North Street - Ordinance 04-014 Administration recommended approval of the request for a specific use permit to allow an ultra-sound imaging studio for expectant mothers in an RCR (Residential Conservation and Revitalization) District at 2633 North Street subject to providing 4 parking spaces at the rear of the building with the handicap space and the walkway between that space and the handicap ramp being paved with asphalt or concrete as recommended by the Planning Commission. Connie Mitchell, the applicant, would like to operate a 3D ultra-sound imaging studio in an existing house at 2633 North. Hours of operation will be Monday - Friday, 9:00 a.m. to 5:00 p.m. Saturday openings would be by appointment only. At a joint Public Hearing held February 2, 2004, the Planning Commission voted 7:0 to approve the request for a specific use permit to allow an ultra-sound imaging studio for Page 2 of 6 Minutes-March 2,2004 expectant mothers in an RCR District at 2633 North Street subject to providing 4 parking spaces at the rear of the building with the handicap space and the walkway between that space and the handicap ramp being paved with asphalt or concrete. Councilmember Beaulieu moved to ADOPT ORDINANCE 04-014 TO APPROVE THE SPECIFIC USE PERMIT TO ALLOW AN ULTRA-SOUND IMAGING STUDIO FOR EXPECTANT MOTHERS IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT AT 2633 NORTH STREET. Councilmember Smith seconded motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 2. Consider approving a request for an amended specific use permit to allow a 20' landscape buffer for a building storage business in a GC-MD (General Commercial- Multiple Family Dwelling) District at 3450 West Cardinal Drive American Waste Services would like to use 65' of the currently required 75' buffer along the rear of it property to store portable buildings and roll-off boxes. They proposed to install an 8' tall wood fence and a 10' wide landscape buffer with trees along the north property line. At a Joint Public Hearing held February 23, 2004, the Planning Commission voted 6:0 to approve the request for an amended specific use permit to allow a 20' landscape buffer along the north end of the property of a building storage/rental business in a GC-MD District at 3450 West Cardinal Drive subject to allowing the chain link fence to remain and planting, within the landscape buffer, shrubs with a minimum height of 3' along the entire width of the property and the required trees. Following discussion among Councilmembers, it was decided to postpone this item until the next council meeting which will be held in two weeks. Councilmember Patterson was requested to contact the neighborhood for their comments on the suggested changes by City Council. 3. Consider approving a bid for the purchase and installation of approximately 12,000 feet of chain link fencing - Resolution 04-048 Administration recommended award of a bid for the purchase and installation of chain link fencing to Texas Correctional Industries (TCI) in the amount of$112,911.30. This fencing will be installed along the perimeter of two (2) Water Utilities Division sites; the Water Reclamation Plant and the newly constructed Loeb chlorine building. Adequate fencing is required at these sites to meet Texas Environmental Quality Commission mandates for the security and safety of the public and the water supply. Bid specifications required vendors to provide bid bonds, liability and workers' compensation insurance, performance and payment bonds, and, as a public works Page 3 of 6 Minutes-March 2,2004 project, the awarded vendor would be bound to pay prevailing local wage rates to laborers. The apparent low bidder, TCI, has provided written statements of exemption from each of these conditions due to its status as a state agency. Texas statues allow for municipalities to contract directly with state agencies without an open bid process and exempts the agency from bonding and wage rate requirements. The Purchasing Division has contacted references provided by TCI and found the responses to be unanimously positive, with each praising the timeliness, quality of material, and the workmanship of the fence installations. The prospective award of this bid to TCI has prompted numerous protests from local vendors. Their concern is that TCI's exemption from the required elements of the bid specifications (each of which have add a cost component to local vendors' bids) creates a competitive imbalance which private sector bidders cannot overcome. The award to TCI will save the City in excess of $10,000. While the City endeavors to do business with local contractors whenever possible, this recommendation is based on its charge to award bids to the lowest responsible bidder. Funds are available for this expenditure in the Water Utilities Fund. Discussion was held among Councilmembers which included the concern for the local contractors. It was determined that TCI would be the best value bid for the City. Councilmember Smith moved to APPROVE RESOLUTION 04-048 TO APPROVE THE BID FOR THE PURCHASE AND INSTALLATION OF APPROXIMATELY 12,000 FEET OF CHAIN LINK FENCING. Mayor Lord seconded motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED WORKSESSION - Public Workshop convened at 2:00 p.m. Receive an update relating to the water and wastewater system Tom Warner, Director of Public Works, presented a slide presentation which gave an update of the current system. The presentation included water and wastewater system inventory, regulatory issues, water and sewer projects, water utilities capital improvement program and usage rate summary. One of the main problems is that the old water/sewage lines are more than 50 years old and just needs to be replaced due to age deterioration. Workshop adjourned at 2:50 p.m. COUNCILMEMBER COMMENTS Page 4 of 6 Minutes-March 2,2004 CITY MANAGER KYLE HAYES - A PROPOSED ORDINANCE ON MOTORIZED SCOOTERS WILL BE PRESENTED ON MARCH 16 OR THE WEEK AFTER COUNCILMEMBER SMITH - THANK YOU TO TOM WARNER AND THE PUBLIC WORKS CREW FOR THE MARVELOUS JOB THEY DO COUNCILMEMBER BEAULIEU - THANKED PUBLIC WORKS DEPARTMENT AND CREW FOR JOB WELL DONE; COMMENTED ON THE AMELIA NEIGHBORHOOD ASSOCIATION FOR THE GOOD WORK THEY DO COUNCILMEMBER COKINOS - NONE MAYOR PRO TEM AMES - NONE COUNCILMEMBER SAMUEL - THANKED THE PUBLIC WORK'S CREW FOR ALL THEIR HARD WORK THEY DO THROUGHOUT THE YEAR; ANNOUNCED THAT THE MARTIN LUTHER KING COMMISSION DID VOTE TO MOVE FORWARD WITH THE ALTERNATIVE TO MOVE THE STATUE FROM ITS EXISTING LOCATION, UNANIMOUS VOTE TO APPROVE THE LOCATION ACROSS THE STREET AND ARE REQUESTING THAT THE CITY SECURE THAT PROPERTY FOR THE STATUE; REASONS FOR CONSIDERATION OF RELOCATION OF THE STATUE INCLUDE LIABILITY, REPAIR ISSUES, POSSIBLE OBSTRUCTION OF VIEW FOR DRIVERS, MORE ACCESSIBLE TO THE PUBLIC AND POSSIBLE PARK AREA AVAILABILITY COUNCILMEMBER PATTERSON - THANKED THE PUBLIC WORKS EMPLOYEES WHO WORK TIRELESSLY AND FOR THEIR FINE WORK; ANNOUNCED THAT MARCH IS "NATIONAL WOMEN'S MONTH" CITY ATTORNEY LANE NICHOLS - NONE MAYOR LORD - AGREED WITH THE COMMENTS OF THE PREVIOUS COUNCILMEMBERS IN THANKING THE PUBLIC WORK'S EMPLOYEES; THANKED THOSE INVOLVED IN THE SOUTHWEST REGIONAL PLANNING OF HOMELAND SECURITY ESPECIALLY THE FIRE CHIEF WHO COORDINATES THE PLAN; TEXAS HOMELAND SECURITY PLAN IS THE ONLY STATE PLAN WITH 100%APPROVAL AT NATIONAL LEVEL Public Comments (Persons are limited to three minutes) George Johnson Family 1998 Tulane Beaumont TX Voiced their concerns and complaints against the Police Department Page 5 of 6 Minutes-March 2,2004 Walter A. Swift 4325 Crow Road Beaumont TX Voiced concerns about the elderly and disabled people and the lack of sidewalks and/or ramps in general and in particular to their limited access to fast food restaurants Ida Duplechin 255 Clark Street Beaumont TX Gave information about the Southeast Texas All American Soap Box Derby Superkids Race for children with disabilities Bob Wortham 1360 Audubon Place Beaumont TX Complaints about the removal of campaign signs from his property and neighboring properties and seen being put into a City of Beaumont truck Gwenalyn West Brook 1075 Sherman Beaumont TX Requesting help in her neighborhood to clean up the prostitution and drug problems around the churches, schools and entire neighborhood Wilfrid White 1440 Trinidad Street Beaumont TX Complaints of the large number of eight-line machines in the area and nothing being done about them Jude Paredez 7103 Tram Road Beaumont TX Gave information about a Civil Rights meeting; discussed idea of getting a pardon for former mayor Open session of meeting recessed at 3:30 p.m. Executive Session was held between 3:44 p.m. and 4:02 p.m. There being no action taken in Executive Session, Council adjourned at 4:02 p.m. Audio tapes are available upon request in the City Clerk's Office. J. ` dv��1 Evelyn L d, Mayor 10 � a Rose Ann Jones, City Jerk o� Page 6 of 6 Minutes-March 2,2004