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Home My WebLink AboutMIN MAR 16 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 16,2004 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 16,2004,at the City Hall Council Chambers,801 Main Street, Beaumont,Texas,at 1:30 p.m.to considerthe following: OPENING Invocation Pledge of Allegiance Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 2-7/Consent Agenda Consent Agenda Mayor Lord called the council meeting to order at 1:30 p.m. Pastor John Adolph of Antioch Baptist Church gave the invocation.Council member Patterson 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 Beaulieu,Cokinos, Samuel and Patterson. Absent:Councilmember Smith. Also presentwere 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 item No. 2-7/ Consent Agenda. None CONSENT AGENDA Approval of minutes - Minutes of March 2, 2004 Confirmation of committee appointments - Resolution 04-049 Walter Crook appointed as Vice Chairman of the Martin Luther King,Jr. Parkway Commission. The term will commence March 16, 2004 and expire March 15, 2005. (Mayor Evelyn M. Lord) Minutes-March 16,2004 Mel Wright reappointed as Chairman of the Convention and Tourism Advisory Committee. The term will expire March 15, 2005. (Mayor Evelyn M. Lord) Frank Messina appointed as Vice-Chairman of the Convention and Tourism Advisory Committee. The term will commence March 16, 2004 and expire March 15, 2005. (Mayor Evelyn M. Lord) Dora Nisby reappointed as Chairman of the Library Commission. The term will expire March 15, 2005. (Mayor Evelyn M. Lord) Bill Faucett reappointed as Vice-Chairman of the Library Commission. The term will expire March 15, 2005. (Mayor Evelyn M. Lord) Gladys Allen reappointed to the Board of Adjustment(Zoning). The term will expire February 11, 2006. (Mayor Evelyn M. Lord) Bill Faucett reappointed to the Library Commission. The term will expire January 17, 2006. (Mayor Evelyn M. Lord) Raul Garcia appointed to the Martin Luther King, Jr. Parkway Commission. The term will commence March 16,2004 and expire March 15,2006. (Council member Andrew P.Cokinos) Shederick Evans reappointed to the Martin Luther King,Jr. Parkway Commission. The term will expire March 15, 2006. (Councilmember Bobbie J. Patterson) Harriet Lihs appointed to the Martin Luther King, Jr. Parkway Commission. The term will commence March 16, 2004 and expire March 15, 2006. (Mayor Pro-Tem Becky Ames) A) Approve a resolution authorizing the conveyance of a forty foot (40') drainage easement located off Lawrence Drive and US 96, 69, 287 to Drainage District#6- Resolution 04-050 B) Approve a resolution authorizing the acceptance of three(3)water line easements providing access for fire prevention services - Resolution 04-051 C) Approve a resolution authorizing the City Manager to execute a waiver granting permission forthe Jefferson County Mosquito Control District to operate aircraft at a low altitude overthe City of Beaumont for mosquito control purposes - Resolution 04-052 D) Approve a resolution authorizing the settlement of the claim of Herbert Howard-Resolution 04-053 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD,MAYOR PROTEMAMES,COUNCILMEMBERS BEAULIEU, COKINOS, SAMUEL AND PATTERSON Page 2 of 8 Minutes-March 16,2004 NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. 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 rearof its propertyto store portable buildings and roll-off boxes. They purpose to install an 8' tall wood fence and a 10'wide landscape buffer planted 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 the building storage/rental business in a GC-MD District at 3450 West Cardinal Drive subject to allowing the chain linkfence 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 a discussion in which Councilmember Patterson informed the other members of council that the neighborhood associations were not in favorof this request,Councilmember Patterson made a motion to denythis specific use permit. Councilmember Samuel seconded motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE REQUEST DENIED 2. Consider approving a resolution authorizing the award of a contract for construction of the Virginia Street Pavement Improvement Project - Resolution 04-054 Administration recommended awarding a contract for construction of the Virginia Street Pavement Improvement Project in the amount of$2,598,065.77 to W. B. Construction and Sons, Inc. The MBE participation will not be required because the general contractor has been certified as a Minority Business Enterprise. Councilmember Patterson moved to APPROVE RESOLUTION 04-054 TO APPROVE THE CONTRACT FOR CONSTRUCTION OF THE VIRGINIA STREET PAVEMENT IMPROVEMENT PROJECT TO W.B. CONSTRUCTION AND SONS, INC. Councilmember Samuel seconded motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS BEAULIEU, COKINOS, SAMUEL AND PATTERSON Page 3 of 8 Minutes-March 16,2004 NAYS: NONE MOTION PASSED 3. Consider approving a contract to provide collection services for Municipal Court-Resolution 04-055 Administration recommended awarding an annual contractto Linebarger,Groggin,Blair,and Sampson, LLP of Beaumont, Texas for providing collection services for Municipal Court. City Council approved an ordinance on October 7, 2003 in accordance with the 2003 amendment to the Texas Code of Criminal Procedure Article 103.031 authorizing a 30%up- charge for all court fines and fees more than sixty days past due. This amount is paid by the defendant and does not reduce the amount of collected monies retained by the City. This up- charge applies to all cases placed for collections after October 7, 2003. The proposal received from Linebarger, Groggin, Blair, and Sampson, LLP of Beaumont, Texas indicated the most desirable combination of experience and services offered. The new contract under consideration was forone yearwith the option to renewfortwo additional years. Discussion included changing the length of the contract to three years with a thirty day option out clause. Councilmember Patterson moved to APPROVE RESOLUTION 04-055 TO APPROVE THE CONTRACT TO LINEBARGER, GROGGIN, BLAIR, AND SAMPSON, LLP FOR PROVIDING COLLECTION SERVICES FOR THE MUNICIPAL COURT FOR A PERIOD OF THREE YEARS. Councilmember Beaulieu seconded motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider authorizing the City Manager to execute a lease agreement for the relocation of Emergency Medical Services Unit No. 4 (Medic 4) - Resolution 04-056 Administration recommended the City Managerto execute a three yearlease agreementwith Mr. David Derharoutian for property located at 8155 Phelan Boulevard in the amount of$800 per month. EMS Medic 4 is currently located at 6490 Calder Street. This unit has been at this address since December 1998,providing emergency medical response to the west portion of the City. Two paramedics and an ambulance are stationed at this location on a 24-hour, 7 days per week basis. This property was sold to new owners. The new owners have allowed the property to deteriorate to a condition which is no longer suitable. Numerous communications with the company's local representative and Dallas staff have failed to generate improvements to the building. Page 4 of 8 Minutes-March 16,2004 Due to the condition of the building,and the uncertainty of the City being able to secure future lease agreements,staff located an alternate site for the station. The new facility is located at 8155 Phelan Boulevard. This location is approximately one mile west of the unit's present station. According to EMS staff,the new site provides the same access to the west portion of the City because of easy entrance onto Phelan Boulevard. Coverage of other areas are not compromised by moving the station because of the site's location on a major arterial street. Better response times are expected in the developing areas along the north end of Major Drive. The lease provides for a three year term and a rental fee of$800 per month. As provided at the current unit location, all utilities are paid by the City. Minor maintenance of the facility will be the responsibility of the City. EMS staff expects to occupy the new facility by April 1,2004. Councilmember Cokinos moved to APPROVE RESOLUTION 04-056 TO APPROVE THE LEASE AGREEMENT FOR THE RELOCATION OF EMERGENCY MEDICAL SERVICES UNIT NO. 4 (MEDIC 4). Councilmember Beaulieu seconded motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 5. Consider approving a one(1)year contract forthe purchase of corrugated polyethylene pipe for use in the Public Works Department - Resolution 04-057 Administration recommended the award of a contract for purchasing corrugated polyethylene pipe to Coburn Supply at the unit costs reflected in the bid tabulation. The contract specifies that the successful bidder shall provide approximately 11,700 feet of various size corrugated polyethylene pipe at fixed unit costs for one year from date of award for use by the Public Works Department, Streets and Drainage Division.The total estimated expenditure is $78,571 for the contract period. The pipe is utilized by the Streets and Drainage Division to replace driveway culverts during clean-out of the City ditches. Existing pipe which is damaged, improperly sized,or not set at correct grade is replaced as needed. The product bid by Coburn Supply has been utilized previously and meets specifications set forth in the bid. Funds are available forthis expenditure in the Public Works Department's operating budget. Councilmember Cokinos moved to APPROVE RESOLUTION 04-057 TO APPROVE THE CONTRACT WITH COBURN SUPPLY FOR THE PURCHASE OF THE CORRUGATED POLYETHYLENE PIPE. Councilmember Beaulieu seconded motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS BEAULIEU, COKINOS, SAMUEL AND PATTERSON Page 5 of 8 Minutes-March 16,2004 NAYS: NONE MOTION PASSED 6. Consider approving a contract to purchase fire protective clothing for the Fire Department- Resolution 04-058 Administration recommended the award of an annual contract to Casco Industries of Pasadena, Texas, to furnish approximately forty sets of fire protective clothing for the Beaumont Fire Department. The clothing is made of fire retardant materials to provide protection from burns and exposure to hazardous chemicals during the fire fighting operations. All of the protective clothing sets currently issued to Beaumont Fire Department firefighters are Globe brand. Councilmember Cokinos moved to APPROVE RESOLUTION 04-058 TO APPROVE THE CONTRACT WITH CASCO INDUSTRIES OF PASADENA,TEXAS TO FURNISH APPROXIMATELY FORTY SETS OF FIRE PROTECTIVE CLOTHING FOR THE BEAUMONT FIRE DEPARTMENT. Mayor Pro Tern Ames seconded motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED WORKSESSION - Public Workshop convened at 1:50 p.m. Discuss regulating the operation of motor-assisted scooters Police Chief Tom Scofield presented the details of the proposed ordinance. The main items discussed were prohibiting the use of motor-assisted scooters on roadways with a speed limit greaterthan 30 mph,prohibiting the use on public property,presumption that a parent allowed the child to operate or ride a motor-assisted scooter in a prohibited area, not allowing operation after dark and not allowing passengers on the scooter. The age limit suggested any child underthe age of 16. The requirement of a helmet was discussed,as was the possibility of a safety course to be offered by the police. Council decided that more details and further clarification needed to be considered. This will be further discussed at the next meeting. Workshop adjourned at 2:14 p.m. 7. Consider approving an amendment to Chapter 26, of the Code of Ordinances of the City of Beaumont,by adding a new Section 26-11 regulating the operation of motor-assisted scooters on the streets and rights-of-way of the City of Beaumont Page 6 of 6 Minutes-March 16,2004 This item was postponed until next meeting. COUNCILMEMBER COMMENTS COUNCILMEMBER BEAULIEU - NONE COUNCILMEMBER COKINOS - NONE MAYOR PRO TEM AMES - NONE COUNCILMEMBER PATTERSON - NONE COUNCILMEMBER SAMUEL- APPOINTED TO CRIME AND PUBLIC SAFETY STEERING COMMITTEE OF THE NATIONAL LEAGUE OF CITIES; REQUESTED A WORKSHOP TO DISCUSS WHAT TYPE OF PLANS ARE IN PLACE WITH THE HEALTH DEPARTMENT REGARDING THE INCREASE IN HIV AND AIDS IN THE COMMUNITY CITY ATTORNEY LANE NICHOLS - NONE CITY MANAGER KYLE HAYES - NONE MAYOR LORD - NONE Public Comments (Persons are limited to three minutes) Dwight B. Gasaway 1310 Louisiana Beaumont TX Requested at least a 30 day extension with the Clean Community Department for his property on 1380 Ewing Street Charles Johnson 1998 Tulane Beaumont TX Voiced his continued concerns and complaints against the Police Department Tina Mitchell 6425 Friartuck Beaumont TX Voiced her concerns about the continuing water and sewer backup on her property and the failure to receive a response from the City Robert Preston 1190 Iowa Beaumont TX Voiced his concerns about various city departments Page 7 of 8 Minutes-March 16,2004 Open session of meeting recessed at 2:48 p.m. Executive Session was held between 2:55 p.m.and 3:15 p.m. There being no action taken in Executive Session, Council adjourned at 3:15 p.m. Audio tapes are available upon request in the City Clerk's Office. Evelyn Lord, 4byor Rose Ann Jones, City CI Page 8 of 8 Minutes-March 16,2004