HomeMy WebLinkAboutMIN MAR 21 2000 M I N U T E S - CITY OF BEAUMONT
Lulu L.Smith DAVID W. MOORE,MAYOR Guy N.Goodson,Mayor Pro Tem
Andrew P.Cokinos CITY COUNCIL MEETING Becky Ames
Bobbie J.Patterson March 21,2000 Audwin Samuel
Lane Nichols,City Attorney Stephen J.Bonczek,City Manager Barbara Liming,City Clerk
The City Council of the City of Beaumont, Texas, met in a regular session on March 21,2000, 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 Pro Tern Goodson called the meeting to order at 1:38 p.m. The Reverend Vernon Tubbs, First Full
Gospel Baptist Church, gave the invocation. Councilmember Cokinos led the pledge of allegiance.
Present at the meeting were: Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames (arrived
at 1:54 p.m.), Samuel and Patterson. Mayor Moore was in Washington, D.C., (attending a conference of
National Association of Regional Councils) Also present were: Stephen J. Bonczek, City Manager; Lane
Nichols, City Attorney; and Barbara Liming, City Clerk.
*Presentations and Recognitions -None presented
*Public Comment: Persons may speak on scheduled agenda items.
Citizen comment was invited on the Consent Agenda and Regular Agenda Item 2.
No one wished to address these items.
* Consent Agenda
* Approval of the minutes of the regular meeting held March 7 , 2000.
* Confirmation of committee appointments(George C. Jackson to the Parks and Recreation Advisory
Committee for a term expiring March 20,2002;Ranny Voight reappointed for a term expiring January
31, 2002, and Rhonda Riedmueller appointed for a term expiring March 20, 2002, to the Beaumont
advisory Commission for Prevention of Child Abuse and Neglect; Lonnie Hood reappointed to the
Airport Advisory Committee for a term expiring July 5,2001;Cathy Belt reappointed to the Historical
Landmark Commission for a term expiring November 8,2001; and Laurie Leister reappointed to the
Planning Commission for a term expiring July 26, 2002.) - Resolution No. 00-76
A) Authorize an application for and acceptance of a Juvenile Accountability Incentive Block Grant(in
the amount of$73,109 for continuation of the Juvenile Justice Program in the Police Department) -
Resolution No. 00-77
B) Approve the acquisition of properties for the Concord Road improvement Project(Parcel 59: 0.124
acre out of Lots 1 and 2,Comstock Addition,3429 Concord Road,for appraised value of$8,304 from
Southwestern Bell Telephone Company; and Parcel 75: 124 square feet out of Lot 24, Block 1,
Minglewood Addition, 3150 Oakwood Lane, for appraised value of $300 from Brenda C. Rice
Kistler.) - Resolution No. 00-78
C) Approve the granting of a License to Encroach on the City's Milam Street right-of-way for the
installation of a groundwater monitoring well (to Appollo Environmental Strategies, Inc. for
Steinhagen Oil Co., Inc. to install a groundwater monitoring well to track pollutants.) - Resolution
No. 00-79
D) Approve the acceptance of a Sanitary Control Easement(donation of 0,184 of an acre easement from
the First Baptist Church of Loeb out of their property at 3082 Highway 69 South)-Resolution No.
00-80
E) Approve the conveyance of two properties to Jefferson County Drainage District No.6 purchased for
the Walden Road Improvement Project (0.325 acre of land out of the C. Williams Survey, 3250
Interstate 10 South;and 5.782 acres of land out of the C.Williams Survey,south of and parallel to the
LNVA Canal and 404 feet north of Interstate Highway 10 south) - Resolution No. 00-81
F) Approve the settlement of a lawsuit(Janie Marie Talmore v. City of Beaumont and Kevin R. White
in the amount of$40,000) - Resolution 00-82
G) Approve the settlement of a claim (Marilyn Harmon in amount of$20,000) - Resolution No. 00-83
Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Patterson
seconded the motion. MOTION PASSED.
Ayes: Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos, Ames, Samuel,
and Patterson
Noes: None
GENERAL BUSINESS
1. Consider a request for a specific use permit to allow a residential care facility(Youth Rescue Mission)
in an RM-H (Residential Multiple Family Dwelling)District at 1930 Franklin Street
Ordinance No. 00-26 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A
RESIDENTIAL CARE FACILITY(YOUTH RESCUE MISSION)IN AN RM-H(RESIDENTIAL MULTIPLE FAMILY
DWELLING)DISTRICT LOCATED AT 1930 FRANKLIN STREET,IN THE CITY OF BEAUMONT,JEFFERSON
COUNTY, TEXAS including conditions previously requested by Council was introduced with
recommendations for denial by the Planning Commission and for approval from staff.
Minutes,March 21,2000,Page 2
A lengthy Council discussion included questions about enforcement of the conditions, the usual
procedure for code compliance before issuance of a specific use permit, and thoughts regarding
compliance before issuance of the permit,establishment of an independent Board of Directors,failure
to enforce specific use permit requirements since 1994, ready-access for City review of credentials
that include incorporation records,minutes of meeting,and a list of the Board of Directors,reasonable
consideration regarding elimination of male members of a family as residents, and parallel efforts of
a specific use permit and code violations.
Mayor Pro Tem. Goodson reviewed Council suggestions not presently in the proposed ordinance.
Councilmember Samuel questioned legality of disclosure of the Youth Rescue Mission's financial
records.
Councilmember Smith moved to approve Ordinance No.00-26 and amend the conditions to include
maintaining records that include the Articles of Incorporation, its bylaws and minutes of meetings of
the Board of Directors and availability of their inspection in Section 2a, amend Section 2c to admit
males as residents that are related by blood or marriage to women and children residents, and require
compliance with all codes of the City by April 22, 2000. Councilmember Patterson seconded the
motion.
City Attorney Lane Nichols commented that specificity would be required, and if they are a non-
profit corporation, then the Articles of Incorporation and bylaws should be available,recommended
designating the size of the Board of Directors and the number that could be paid employees,and stated
that the City would not have a public purpose to examine or review the financial records of a non-
profit organization. Mr. Nichols quoted language suggestions for the proposed amendments to the
ordinance relating to male residents being related by blood or marriage to women and children
residents,being in compliance with all City codes on or before April 22,2000,the minimum size and
number of employee-paid members on the Board of Directors, and inspection requests added to
Section 2a. Mayor Pro Tem.Goodson added comments about consistency in establishing a reasonable
limit to board members for non-profit organizations seeking specific use permits and recommended
three or more with not more than one which is a paid employee of the facility.
Councihnembers Smith and Patterson agreed to add the amendment suggestion that the facility be
under the control of the Board of Directors composed of not fewer than three(3) members, and that
not more than one shall be a paid employee of the facility. MOTION PASSED.
Ayes: Mayor Pro Tem. Goodson, Councilmembers Smith, Cokinos,Ames, Samuel,
and Patterson
Noes: None
2. Consider the acceptance of a grant award from the Telecommunications Infrastructure Fund (TIF)
Board to provide network and connectivity for the Beaumont Public Library System
Councilmember Cokinos moved to approve Resolution No. 00-84 accepting a grant in the amount
of$1 37,406 from the Telecommunication Infrastructure Fund (TIF) Board to purchase computers,
software,printers, line installations,hardware and software to communicate with the City's Internet
provider,and training for employees for the Beaumont Public Library System.Councilmember Smith
seconded the motion. MOTION PASSED.
Minutes,March 21,2000,Page 3
Ayes: Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos, Ames, Samuel,
and Patterson
Noes: None
3. PUBLIC HEARING: Repeal of the local sales tax holiday
Consider an ordinance to repeal the local sales tax holiday which exempts most clothing and footwear
priced under$100 for the first weekend in August of each year
The public hearing was opened at 2:25 p.m.
Mr.Lynn DeMary,430 East Elgie,spoke in support of opting out of the local sales tax holiday for the
purpose of maintaining a good budget without raising taxes.
No other citizens wished to speak at the public hearing.
Mayor Pro Tem Goodson recalled that during budget discussions, it was stated that the sales tax
holiday would not be a given. He discussed this as an important budgetary issue and the impact of
continuance of the holiday. Mayor Pro Tem Goodson addressed factors regarding low energy costs
because of a mild winter,deregulation,franchise fees and budget projections submitted by the Finance
Director. He further requested a closer estimation of the sales tax loss during the sales tax holiday,
and questioned if this is an all or nothing holiday. The City Attorney replied that the way he reads the
law is that we have an opportunity to stay in or opt out, but it has to be an all or none decision.
Council concurred with Mayor Pro Tem Goodson to recess the public hearing at 2:32 to reconvene
March 28, 2000 for possible further citizen comment and not take action on an ordinance today.
COMMENTS
(Councilmember Samuel left the Chamber at 2:33 p.m.)
* Councilmembers comment on various subjects
Councilmember Smith reported that the National League of Cities meeting held in Washington,D.C.
was very good,and that the meeting with Congressman Lampson and his staff was excellent. She said
they discussed projects for the City of Beaumont.
* City Manager's Report - Council Budget Summit, Classification/Compensation Study, Proposed
Criminal Justice Center, Fire Training Center Strategic Action Plan, Southeast Texas Arts Council
Emergency Assistance, Exxon/Mobil new Plant Manager, CDBG Proposed Budget, Entergy/Texas
Street Lighting, Neches River Bank Stabilization, Environmental Health Inspections, and Lower
Neches Valley Authority meeting with Administration
(Councilmember Samuel returned at 2:37 p.m. during the City Manager's Report.)
Mr. Bonczek announced that the Council Budget Summit is scheduled to be held April 2151 at the
Tyrrell Park Garden Center. At Council request,the date was tentatively changed to May 12. Seven
months of financial data will be available,and areas ofbudgeting and revenues will be discussed. The
Minutes,March 21,2000,Page 4
2001 budget will be based on performance measures. The City Manager stated that after Council
approval, he would like to possibly present the proposed budget to citizens before its adoption at
neighborhood association meetings for community feedback. He reported about restaurant and food
establishment inspections,said the City is in full compliance with inspections,relayed his experience
in working with an inspector yesterday,and informed Council that new software and laptop computers
are being considered to update outdated equipment to aid with efficiency and speed. Mr.Bonczek met
with the Beaumont Community Players and announced that they have exciting program plans, said
the classification and compensation plan is moving ahead, and said the proposed Criminal Justice
Center, a collaboration with the County,Lamar University,and other cities is progressing,but needs
identification of funding. He recounted information receipt of information about participation in
construction of a permanent saltwater barrier with the LNVA and the City's 25% match and other
financial responsibilities. He updated information on the Fire Training Center in conjunction with
Lamar University, said identification is being made of critical projects and financial resources, said
the EMS Rollover Program has been implemented with two primary responders, and spoke of an
opportunity of building a new Spindletop Library at Sarah and Fannett. He said the estimated cost
of the property is $150,000, which could be purchased with CDBG funds, and asked for Council
direction. Council affirmatively responded to receiving a report on the project. Mr.Bonczek further
dispensed verbal information about a Emergency Management Public Officials Course and Beaumont
being a regional training center, and the Coalition of Cities looking at a pilot program regarding
electric deregulation with a focus on street lighting. Mr. Nichols added that we would ask our
consultant to propose that the pilot project for street lighting be allowed within the Entergy rate case.
The City would formulated the request for proposals and complete the bid process and determine any
savings that could be realized. He reminded Council of the meeting with Jerry Wascom,the new Plant
Manager of Exxon/Mobil Oil at the Beaumont Club on April 4, 2000 at 11:30 a.m., said contract
negotiations will soon begin with the Police Union,and expressed a desire for City negotiators to meet
in Executive Session with Council to discuss issues they want to present,with on March 28 or April
4, 2000.
Councilmember Samuel expressed appreciation to the City Manager, staff,and Mr.William Lee and
Mr. Greg Shepherd, for addressing the lighting concerns of citizens and bus drivers at Weiss Park.
He requested investigation of the activity at the Harlem Nights Night Club and a complaint received
from Mr. Tony Alexander about drainage at 5710 Helbig Road. Councilmember Samuel conveyed
good news about the groundbreaking for the last of 18 homes to be built in the Charlton Pollard
neighborhood by Habitat for Humanity and thanked all the volunteers that helped with the occasion.
Also,he recounted visiting with Senators Gramm and Hutchison and Representative Lampson at the
NLC meeting to learn that some of Beaumont's initiatives are being addressed, especially about the
Criminal Justice Center that will allow Lamar University to become a leader in that industry ,
developing the Neches River and assistance in relocating the train tracks that will aid development
of Crockett Street. He voiced gratitude for corporative efforts between all elected officials and their
staffs in working with cities toward moving forward in one accord. Also, Councilmember Samuel
complimented Lamar University for the strides made by their basketball team and the honor brought
to Beaumont.
* Public Comment (Persons are limited to three(3) minutes)
Minutes,March 21,2000,Page 5
Mr.Robert Cortez, 1240 Avenue F,addressed Council to express his desire that other areas of the city
will develop as well as the Charlton Pollard area has and complained about the audio of City Council
meetings aired on Channel 4.
The City Attorney advised Mr.Cortez that a representative of Time Warner recently told Council that
citizens experiencing difficulty in reception on that television channel should contact his office, and
repairmen will investigate the individual complaints.
Mr. William Lee, 4685 Ford Street, on behalf of Entergy, addressed Council to speak about the
proposed street lighting pilot program. He stated that Senate Bill 7 prescribed a pilot program that
would begin June 1, 2001, and in that program, a number of customer would be included. He said
Project 21407 is underway to identify what will be included in the project,and said anything the City
would consider prior to the pilot would be contrary to what was prescribed in Senate Bill 7.
Mr.Nichols responded that this would not happen unless the PUC ordered it;the City is just making
a request. The Public Utilities Company is charged with implementation and will only happen, it is
their desire.
Mr.Bill Proctor,4340 Westridge Lane,addressed Council to support that the video on Cable Channel
4 is good, but there is usually a problem with audio.
Mrs. Delores Davis, 2298 Blanchette, addressed Council to thank them for taking time to deal with
the Youth Rescue Mission, invited Council to visit the mission, said they have been operating for
seven year and have been inspected annually by the Fire Department and Health Department. She said
they are 501-C ready, a board is in place, and this information is available for Council review. Mrs.
Davis asked consideration for the homeless people they are helping.
Ms. Peggy Pierre, 1220 Avenue F, addressed Council to state that when City funds are used, there
needs to be accountability, and citizens have a right to know how it is being used and to look at the
books at the Youth Rescue Mission. Ms. Pierre volunteered to be on their board, spoke of services
of which the Youth Rescue Mission can take advantage to help their clients. She announced that
another shelter has opened within two blocks and expressed dissatisfaction with the number of these
type of facilities in her neighborhood. She said the lighting at bus stops is better, but needs to be
further addressed, and volunteered to work with Mr. Kyle Hayes regarding establishment of public
transportation to provide round trip service to the Regional Airport.
First, Mayor Pro Tern Goodson requested that a long-range calendar of events be prepared for
Council, since there are so many important upcoming dates, possibly for the next three months.
Secondly, read a prepared statement directed at the City Manager:
"During the United Way campaign, the City Manager challenged the City employees to increase the
amount of their contribution to this most worthwhile organization. He provided the absolute, most
perfect incentive by promising the department with the highest percentage increase over the previous
year's contribution to smack him in the face with a pie. I want both of our police officers to be on the
ready,should he decide to bolt during this,because he has been evading and consciously avoiding this
for a great deal of time.
Minutes,March 21,2000,Page 6
I would like to give special recognition, and if they would come forward,Maurine Gray,our library
department director, and Barbara Beard, the library department's campaign coordinator.
Due to their exceptional hard work and devotion of these two ladies,and other members of the library
that are here today, and ya'll please come forward, too. They increase their contributions by more
than 95% from the previous year, and we want to thank them. Thirty-seven employees contributed
...over$3,700 to the United Way Campaign,giving them the highest percentage increase in the City.
So,we want to thank them. For that tremendous increase,they got this,we're going to call it the Pie-
in-the-Sky privilege today.
By the way,our City employees contributed over$33,500 to this organization,and I would like to put
in a little plug that the Council and Manager also increased our contribution by almost 24%,but we'll
have to do better, if we're going to keep with the library ladies, it looks like.
I also want to recognize Terry Bourdier,Executive Director of the United Way who is present today,
who also wants to make sure there is no liability insurance issues to address, and I told him that there
are none! But, the Manager is now to come forward and take his poison."
After placing a plastic cape around the City Manager, Maurine Gray and Barbara Beard "smacked"
whip cream pies in his face as their reward!
Mayor Pro Tern Goodson thanked the City Manager for fulfilling his worthy challenge.
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with Section 551.071
of the Government Code:
Juanita Aubry v. City of Beaumont
Allen Lee and Diana Lee v. City of Beaumont - (Not considered)
Allen Lee and Diana Lee v. David Moore, Mayor of Beaumont, in his official capacity and
the City of Beaumont- (Not considered)
There be' g o other business, the meeting adjourned at 3:15 p.m.
Guy N. Goodson, Mayor Pro Tem
Barbara Liming, City Clerk
Minutes,March 21,2000,Page 7