HomeMy WebLinkAboutMIN AUG 08 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 August 8,2000 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 August 8,2000,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 Moore called the meeting to order at 1:33 p.m. The Reverend Armistead Holmes, Fruit of the Vine
Church of God in Christ, gave the invocation. Michael Mareno, a senior at West Brook High School and
member of the Mayor's Youth Commission, led the pledge of allegiance.
Present at the meeting were: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos,
Ames, Samuel, and Patterson. Also, present were: Stephen J. Bonczek, City Manager; Lane Nichols, City
Attorney; and Barbara Liming, City Clerk.
* Presentations and Recognitions
A proclamation was issued to "Beaumont Police Department Explorer Post 730," led by Officer Carlton
Manzer, for winning third place in arrest and search techniques in team competition of the National Law
Enforcement Explorer Conference on campus of the Georgia Institute of Technology in Atlanta.
Certificates of Appreciation were presented to twenty-five young people for outstanding citizenship as
members of the Mayor's Youth Commission: Ronald Booker, Will Beckett, III, Ray Young, Michael T.
Sterling, Sean Samuel, Latanya Botley, CiAnn Ardoin, Elizabeth Cloniger,Quentin Bellard,Ebonee Butler,
Courtney Richard,Demetric Dotson,Brian Bean,Timberly LeBlanc,Candyce LaBrie,Shawntel Shilo,Todd
Dillard, Russ Dismukes, Lester Guillory, Mustafa Abdul-Jabbar, Amanda Sarvell, Amanda McDermand,
Jessica Gipson,Lindsey Accordo,and April Lewis. Mayor Moore told of the outstanding leadership qualities
of these young people that included their assistance in the City of Beaumont receiving an award of$5,000 to
be used to feed the hungry. The young people helped to gather enough signatures for Beaumont to qualify
as recipient of the grant. The award will be given to the Southeast Texas Food Bank to use in feeding hungry.
Mayor Moore conveyed to the audience that Michael Sterling will be attending Morehouse University; he
was instrumental in assisting with formulation of the first Youth Commission,and asked Michael to comment
on behalf of the Youth Commission and himself. Michael thanked Mayor Moore for the opportunity,and said
the mayor came to him two years ago with a vision. With of the help of the other young people,the vision
became a reality. He cited an experience after the luncheon today about members of the Youth Commission
helping another member fix a flat tire, and said it reminded him of their team work and not being afraid of
getting their hands dirty to help people. He said the Youth Commission has meant a lot to him, and he has
worked hard to make it what Mayor Moore wanted it to become. He expressed appreciation to Council,Mrs.
Barbara Otto, Mayor Moore's administrative assistant, and others in the office for their help. Michael also
related the story of a man walking along the beach picking up starfish and tossing them back into the ocean,
and when told by an observer that he could never save all of them,he picked up another and while throwing
it to safety said, "I made a difference to that one." As his final thought, Michael said, "Mayor and Council,
you made a difference to this one. Thank you."
Mayor Moore voiced feelings about the contributions of the Youth Commission, and said he is touched by
their leadership and perseverance and looks forward to hearing great things about them as they continue their
education in various colleges and universities.
In response to the Mayor's invitation, Ms. Emily Larouse, Executive Director for the Southeast Texas Food
Bank,expressed appreciation to the City of Beaumont and the young people for gathering petition signatures
for the grant funding. She stated that her organization provides food to over one hundred agencies who all
fight to end hunger in our area. She again thanked Mayor Moore for thinking of the Food Bank and allowing
their participation in the End Hunger Signature Campaign. She thanked Barbara Otto, Mayor Moore's
administrative assistant, for her enthusiasm, hard work, and dedication that really made the project happen,
and said the money will be put to good use.
* Public Comment: Persons may speak on scheduled agenda items.
Citizen comment was invited on the Consent and Regular Agenda Items 1 through 3.
Ms. Beverly Hickman, on behalf of the Community Players, addressed Council in appreciation for Agenda
Item No. 3 executing a Development and Lease Agreement with the Beaumont Community Players. Crystal
tumblers inscribed with a star on the front and filled with candy were presented to each council member.
* Consent Agenda
* Approval of the minutes of the regular meeting held August 1, 2000
* Confirmation of committee appointments:Amend Resolution 00-173 to correct appointments of Karen
Neild, Lisa Pinto, Rita Leger, David Henry and Jackie Simien for the Drug Free Beaumont
Commission for terms expiring July 24, 2002; James Boykin as Chairperson and Wanda Grimes as
Vice-Chairperson for the Drug Free Beaumont Commission for terms expiring July 24,2001. Correct
reappointments of Catherine Lee for the Community Development Advisory Committee for a term
expiring October 20,200 1, Dora Nisby for Community Development Advisory Committee for a term
expiring July 5,2001, and Carol Mattingly to the Sister City Commission for a term expiring March
21, 2002 - Resolution No. 00-184.
A) Authorize the City Attorney or his designee to file and prosecute lawsuits
1) Authorize the City Attorney or his designee to file and prosecute a lawsuit against Chief Clyde
V.Bouse d.b.a.Native American Tobacco to collect on a delinquent Small Business Revolving
Loan ($11,321.87 as of July 20, 2000) - Resolution No. 00-185.
Minutes;August 8, 2000;Page 2
2) Authorize the City Attorney or his designee to file and prosecute a lawsuit against Amina
Al-Ugdah d.b.a. Amina's Business Service Center to collect on a delinquent Small
Business Revolving Loan ($9,972.94 as of July 20, 2000) - Resolution No. 00-186.
B) Approve the sale of surplus City owned properties (Parcel #1, Lots 1 and 2, Block 52, Jeff Chaison
Second Addition,3895 Kenneth, to V. Stephen Ayres,Jr., $10,000,and Parcel#2, south%of Lot 14
and Lot 15, Block D, Mayfair Addition to John V. Naymik, $8,005.50) - Resolution No. 00-187.
Councilmember Ames moved to approve the Consent Agenda. Councilmember Samuel seconded
the motion. MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos,
Ames, Samuel and Patterson
Noes: None
GENERAL BUSINESS
1. Consider an ordinance authorizing the issuance of$25 million City of Beaumont,Texas,Waterworks
and Sewer System Revenue Bonds, Series 2000.
Ordinance 00-62 entitled an ORDINANCE AUTHORIZING THE ISSUANCE OF THE CITY OF
BEAUMONT, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES
2000;AND CONTAINING OTHER MATTERS RELATED THERETO was introduced by the City
Manager. Mr.Bonczek submitted a report prepared by Water Utilities Manager Joseph Majdalani that
summarizes and describes major improvements that will occur during the next five years with a map
indicating the Wards in which the sewer and water improvements will occur. He said that$57 million
will be spent over the next five years,and this issuance is the first phase. He advised Council that Mr.
Lance Fox,the City of Beaumont's bond counsel,is present to answer questions and invited the City's
Financial Advisor Frank Ildebrando to announce results of the competitive bid process.
Mr. Frank Ildebrando of Dain Rauscher Incorporated reported that bids were received at noon today
from ABN AMRO Incorporated, Dain Rauscher Incorporated, Paine Webber, Wachovia Securities,
JP Morgan,Merrill Lynch,US Bancorp,Saloman Smith Barney,Morgan Keegan and First Southwest
Company. ABN Amro Incorporated submitted the lowest of the ten bids with an effective interest rate
of 5.5255 percent. Mr. Ildebrando said the bids were very close, very aggressive, and recommended
acceptance of the ABN AMRO bid.
Ordinance 00-62 was approved by Mayor Pro Tem Goodson. Councilmember Smith seconded the
motion. MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos,
Ames, Samuel, and Patterson
Noes: None
2. Consider approving the formation of an Economic Development Advisory Committee to facilitate the
attraction, expansion, or retention of existing and new industry.
Minutes;August 8, 2000;Page 3
Councilmember Ames moved to approve Resolution 00-188 accepting the formation of an Economic
Development Advisory Committee to provide direction to City staff for the development of a Strategic
Economic Development Plan and assist in the biannual update of the Economic Development
component of the Comprehensive Plan. Councilmember Smith seconded the motion. MOTION
PASSED.
Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos,
Ames, Samuel, and Patterson
Noes: None
City Manager Bonczek responded to Councilmember Cokinos' questions that an Economic
Development Advisory Committee would serve as a benefit in advisement and guidance to achieve
economic development in the community.
3. Consider approving the execution of a Development and Lease Agreement with the Beaumont
Community Players.
Councilmember Cokinos moved to approve Resolution 00-189 executing a twenty (20) year
Development and Lease Agreement with the Beaumont Community Players for the construction and
lease of anew community theater located on City-owned property. Councilmember Ames seconded
the motion. MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos,
Ames, Samuel, and Patterson
Noes: None
OTHER BUSINESS
*Discuss heavy trash service for vacant lots and residential trash located on more than one acre.
The City Manager introduced for discussion the proposed revision of Chapter 28 of the code or
Ordinances regarding pickup of trash and debris on vacant lots with certain restrictions. Mr.Bonczek
stated that there have been requests for the service and asked Clean Community Director John Labrie
to summarize the proposed Code changes.
Mr. Labrie reviewed the current ordinance which states that no solid waste services will be provided
to vacant lots and explained that the reasoning behind the ordinance is that Solid Waste operates under
an enterprise fund and no tax dollars are used for their operations. The division operates solely on
revenues generated from monthly fees,and no fees are paid on vacant property. He said the proposed
changes in Section 28-21.12 for trash collection will be provided to vacant property subject to the
following provisions:
(1) The property must be located in a residential zone.
(2) The property is not larger than one-half acre.
(3) The trash placed out for collection resulted from normal vegetation maintenance such
as tree cutting above the ground, grass clipping, or brush clipping.
Minutes;August 8, 2000;Page 4
(4) The property is not being cleared for the purpose of constructing a building.
(5) Tree trimming did not result from the selling of usable timber.
(6) The property owner must reside in a single family residence within the city limits of
Beaumont that is paying a solid waste fee on that residence.
(7) The property is not being held for sale as part of a residential development.
(8) Only vegetation waste will be collected.
(9) Vegetation is not removed with machinery(i.e.,bulldozer)whereby trees and stumps
with root balls are removed.
(10) The acceptable vegetative waste is placed at the curb in accordance with 28-21.8(c)(2)
of the Code of Ordinances.
He stated that the proposal offers that yard waste collection on vacant property shall only be provided
once per calendar quarter.
In response to questions regarding properties larger than a half acre,Mr.Labrie explained that a second
proposal is offered for trash collection at single residential units built on multiple acres of land. He
cited an example of a home built on five acres with the residence primarily on the front acre and the
remaining four acres being occupied with timber,barns,or animals that generate a lot of materials the
owner feels is produced by their residence. Mr. Labrie said he would like restrictions placed on the
quantity that goes beyond the scope of providing trash service. He stated that the proposal requests
that this trash collection service be in accordance with the following:
(1) The trash placed on the curb is household trash, white goods, yard waste and other
trash normally generated at a residence.
(2) The trash was generated on a maximum of one acre of land upon which the house is
situated. Hauling and disposal of trash or yard waste generated on other parts of the
property such as vegetative waste or waste generated by land clearing, demolition of
barns, sheds or other structure, is the responsibility of the property owner.
Councilmember Smith commented about encountering similar problems in her ward and expressed
inequities in certain areas,and Councilmember Samuel questioned trash collection of abutting lots to
a residence.
COMMENTS
* Councilmembers comment on various matters
Councilmember Smith requested Council support for the Southeast Texas Arts Council (SETAC)
request, and said she hopes that Council could find $40,000 from the general fund to continue these
programs. She stated that most of these programs are small arts organizations who have very little
income and don't have the capability of raising funds for their programs.
Mayor Pro Tern Goodson thanked Councilmember Cokinos,City Manager Bonczek,Finance Director
Beverly Hodges and staff who gave an excellent preliminary budget presentation and answered
questions at the ACORN Neighborhood Association meeting last night. Congressman Nick Lampson
and representatives from other neighborhood organizations also attended the meeting. Mayor Pro Tern
Minutes;August 8, 2000;Page 5
Goodson also thanked Water Utilities Manager Joseph Majdalani and City Manager Bonczek for
putting together the handout for the water and sewer capital improvement bonds and emphasized that
the handout was beneficial,not only to Council,but to constituents.
Councilmember Cokinos announced that the Beaumont Police Department has sworn in two new
officers, has completed the construction of their new offices at the former Municipal Court site, and
thanked Police Department staff for the tour of the new facility.
Councilmember Ames also spoke in support of the$40,000 fund request from SETAC. She expressed
that it is not a lot of money once divided among the many groups, and she encouraged the City
Manager to find the money in the budget.
Councilmember Samuel requested that Public Works investigate a complaint received from Mrs.
Perkins, 390 Armstrong,regarding standing water in a drainage ditch. He also voiced support of the
overall impact of the arts in the city, stated he would support attempting to find additional funds for
SETAC, however, he asked Council to be mindful of future organizations that will come before the
City asking for funds.
Councilmember Patterson requested the City Manager follow-up on an incident that happened to Mr.
Almon, and he responded that he would be in a better position next week to resolve the matter.
Mayor Moore commented that the Island Steel Drum concert at Rogers Park was very good
entertainment and enjoyed by the citizens.
* City Manager's Report - Summer Youth Athletic Program, Train Operations, Acquisition of
Property for New Affordable Housing Program, Crime Reduction Initiative and City Codes on
Internet.
The City Manager discussed a letter sent to train masters concerning train noise,and said that current
ordinances will be enforced effective Monday, August 7, 2000. He stated that the railroads have
requested a meeting with the City and their legal staff on Wednesday,and he will report results of the
meeting to Council. Mr. Bonczek announced that the City's Code of Ordinances is on the internet at
http:/municode.com, and that staff is working on a new University Interscholastic League Fastpitch
Softball Tournament for late May through July. The City Manager reported that the Ward II
preliminary budget meeting went very well. The Ward I preliminary budget meeting will be next
Monday at 7:00 P.M. at the McFaddin Ward Visitors's Center. The Ward IV meeting will be held
Monday, August 21, 2000 to discuss the proposed budget. He said the proposed budget will be
presented to Council next Tuesday,August 15,2000,apublic hearing is proposed for Tuesday,August
29, 2000, and final approval by September 12, 2000.
Councilmember Patterson thanked the City Manager for his assistance in having the railroad tracks
repaired on Washington Boulevard,however,she reported that there are other railroad tracks in need
of repair on Fourth Street, Lavaca, Florida, and Blanchette.
* Public Comment(Persons are limited to three (3) minutes)
Minutes;August 8, 2000;Page 6
Ms. Gethrel Williams,4495 Fortune Lane, addressed Council in support of at least a four percent pay
increase for City employees.
City Manager Bonczek clarified that he is proposing a 2.5 percent across the board increase, up to an
annual 3 percent increase for qualifying employees,plus a 3 percent equity adjustment if an employee
has been employed seven years or more. Therefore, an employee could get an 8.5 percent increase.
Mr. Walter Kennison, 4045 Rothwell Street, addressed Council to thank all City employees for the
services he receives. He reported that railroad tracks at Sarah and Corley Streets need to be repaired,
that he is in favor of the ordinance revisions for trash collections at empty lots, and questioned the
number of employees living within the City.
Mr. Tobe Duhon,2545 Amarillo Street,addressed Council to state that legally City employees could
not be required to reside within the city limits,spoke of stormwater infiltration into the sanitary sewer
lines, and said he hopes the money from the bond sales would improve sanitary sewer service, and
requested investigation of a traffic obstruction problem on Fourth and Sarah Streets.
Mr. Gary Robbins, 9805 Phelan, addressed Council in support of enforcement of the train noise
ordinance. He questioned if monies received from the water rate increase are supporting the new
entertainment complex, and inquired if there is a proposal to construct a low income housing project
on Phelan Boulevard. City Manager Bonczek responded no to both questions.
Mayor Moore commented that there have not been any increases in water rates for eight years,and said
the City of Beaumont has the lowest rate in the area. City Manager Bonczek stated that the City of
Beaumont will still have the lowest rates in this area with the 30 percent increase.
Councilmember Smith commented that construction of the prison facilities delayed a rate increase for
the past eight years.
Ms. Peggy Pierre, 1220 Avenue F, expressed appreciation to Council for the LINK operation.
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with Section 551.071
of the Government Code:
Christ Community Church, Paul and Carol Gertz v. City of Beaumont
There being no other business, the meeting adjourned at 2:49 p.m.
L - bd
David Moore, Mayor
j�
arbara Liming, City Clerk
Minutes;August 8, 2000;Page 7