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HomeMy WebLinkAboutMIN OCT 10 2000 M I N U T E S - CITY OF BEAUMONT Lulu L.Smith DAVID W. MOORE, MAYOR Guy N. Goodson, Mayor Pro Tern Andrew P.Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J. Patterson October 10, 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 October 10, 2000, 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 * Consent Agenda Mayor Moore called the meeting to order at 1:33 p.m. The Reverend Jason Sciscoe, Co-pastor of the Apostolic Church of Beaumont, gave the invocation. Central Services Director Kirby Richard led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, and Samuel(arrived at 1:40 p.m.). Councilmember Patterson was absent(family emergency). Also presentwere:Stephen J. Bonczek,City Manager; Lane Nicholas,City Attorney; and Barbara Liming, City Clerk. *Presentations and Recognitions One proclamation was issued: "Fire Prevention Week," October 8-14, 2000. *Public Comment: Persons may speak on scheduled agenda items. Citizen comment was invited on the Consent and Regular Agenda Items 3 through 4. No one wished to address these subjects. *Consent Agenda * Approval of the minutes of the regular meeting held October 3, 2000 * Confirmation of committee appointments - No appointments made. A) Accept the Franklin Street Pavement Widening Project, approve Change Order No. 1 ($63,186.46)and final payment(to Brystar Contracting, Inc. in the amount of$90,719.51 )- Resolution No. 00-252 B) Approve a contract for plumbing services for City facilities (to All Star Plumbing for an estimated expenditure of$27,255) - Resolution No. 00-253 C) Approve a contract for repairs to a Loeb high service pump (to Layne Christensen Co., Layne-Texas Division in the amount of$22,947.25) - Resolution No. 00-254 D) Approve the purchase of four hydraulic concrete breakers, four hydraulic cut-off saws, and one hydraulic alternator for use by the Water Utilities Division (to Commercial Body Corp. in the amount of$16,848) - Resolution No. 00-255 E) Authorize eminent domain proceedings to acquire interest from two owners and the acquisition of the remaining interest in Parcel 70A of the Concord Road Project: 447.2 square feet in the A. Williams Survey, Abstract 385, in amount of $585 for 90 percent undivided interest from Timothy L. Laird, Laura Lea Jones, Jess Owen Smith, Elizabeth Edmonds, Ruth Ann Lackey, William David Greathouse, and Jane Gonzales; and in the amount of$65 for 10 percent undivided interest from the Estate of Oliver H.P. Stanford and the Estate of John Bryant Stanford) - Resolution No. 00-256 F) Authorize the acquisition of property in the Fairview Addition for the Neighborhood Revitalization Project (Lots 1, 9, and 10, Block 4, Fairview Addition, 740 and 760 Praire Street, for appraised value of$8,000 from Joe Stevenson) - Resolution No. 00-257 G) Authorize the settlement of the lawsuit of Golden Triangle Paper Stock Co., Inc. D/B/A/ Gulf Coast Recycling Co. v. City of Beaumont (in amount of$35,000) - Resolution No. 00-258 Councilmember Ames moved to approve the Consent Agenda. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, and Patterson Noes: None GENERAL BUSINESS 1. Consider a request for various zone changes for properties bounded on the north by Fannin Street, on the west by Fourth Street, on the east by M.L.K. Parkway and the Southern Pacific railroad tracks and on the south by Franklin Street (Councilmember Samuel arrived at 1:40 p.m. during presentation of Item No. 1.) Councilmember Cokinos moved to approve Ordinance No. 00-87 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) TO RS (RESIDENTIAL SINGLE FAMILY DWELLING), RM-H TO GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING), RM-H TO RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION), HI (HEAVY INDUSTRIAL)TO RS, GC- MD TO LI (LIGHT INDUSTRIAL), GC-MD TO RS, RCR TO RS, RM-H TO NC (NEIGHBORHOOD COMMERCIAL), RCR TO GC-MD AND LI TO GC-MD FOR PROPERTY BOUNDED ON THE NORTH BY FANNIN STREET, ON THE WEST BY FOURTH STREET, ON THE EAST BY M.L.K. PARKWAY AND THE Minutes;October 10, 2000; Page 2 SOUTHERN PACIFIC RAILROAD TRACKS AND ON THE SOUTH BY FRANKLIN STREET, BEAUMONT, TEXAS,JEFFERSON COUNTY,TEXAS;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALAND PROVIDING A PENALTY. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 2. Consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) to RS (Residential Single Family Dwelling) District for the former Dick Dowling Jr. High School site at 1300 North Street Councilmember Samuel moved to approve Ordinance No. 00-88 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF THE PROPERTY PRESENTLY ZONED GC-M D (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT LOCATED AT 1300 NORTH STREET, BEAUMONT, TEXAS, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 3. Consider granting the City Manager authority to implement the contribution rate changes for employees and retirees in the medical plan The City Manager reviewed the proposed increase to civilian, civil service, and retired employee contribution rate changes for medical plans. Questions raised by Council last week were answered by the City Manager and Interim Human Resource Director Sue Dismukes. They compared the proposed rates with those of other entities, industry and businesses. Council confirmed comprehension of facts and details and expressed appreciation for the additional information provided by Human Resources staff that allows an easier decision to be made. Councilmember Smith moved to approve Resolution No. 259 authorizing implementation of medical contribution rate changes for employees and retirees effective January 1, 2001. Councilmember Samuel seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 4. Consider an amendment to the existing "Food & Food Establishments" Ordinance, Chapter 11; Section 11-1, by adoption of the Texas Food Establishment Rules (TFER) with modifications Minutes;October 10, 2000;Page 3 Councilmember Smith moved to approve Ordinance No. 00-89 ENTITLED AN ORDINANCE AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADOPT TH E TEXAS DEPARTMENT OF HEALTH BUREAU OF FOOD AND DRUG SAFETY, RETAIL FOODS DIVISION, TEXAS FOOD ESTABLISHMENT RULES;ADOPTING LOCAL AMENDMENTS TO SAME AND REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Mayor Pro Tern Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None COMMENTS Councilmembers comment on various matters Mayor Pro Tern Goodson referred to an article in the Beaumont Enterprise about a meeting conducted by the State Legislative delegate from Southeast Texas concerning the report from the Texas Water Development Board. He expressed appreciation to the delegation for organizing the meeting that Councilmember Smith, the City Manager, and he attended, and the City Manager's quick response in drafting a letter about the future of ground water management in Texas. Mayor Pro Tern Goodson expressed views about devastating effects of maintenance of junior water rights. He supported a suggestion by Councilmember Smith for Council to sign a letter before expiration of the comment period on October 15, and suggested asking Nick Carter, chairman of the Region I Water Planning Study Group, and possibly others, to present information and their findings to Council and engage in a dialogue about possible consequences. Councilmember Cokinos questioned Mayor Pro Tern Goodson's suggestion being on the agenda, and the City Manager stated that it would be an appropriate Work Session item. Councilmember Ames agreed that a collaborative letter expressing views should be sent by Council and show support to our legislators. Councilmember Samuel commented about Habitat for Humanity completing construction of a home for the Evans family in Habitat Park. He lauded the efforts of Ms. Beatrice Beulah for her volunteer service and sponsoring many of the homes, in conjunction with Habitat for Humanity, for those who usually cannot afford to buy a home. Councilmember Samuel reported that the ceremony held Sunday was very inspiring and added expressions of appreciation to the Gist Unit of the Texas Department of Criminal Justice for providing volunteer manpower and the Sisters of Hope of Our Mother of Mercy Church for donation of the property for Habitat homes. Habitat Park is now complete, and they will be moving to other areas of the city. He complimented the various programs providing affordable housing and said great strides are being made. Councilmember Samuel added thanks to Ramon Rodriguez and all volunteers who worked with Habitat for Humanity. Mayor Pro Tern Goodson added that Habitat for Humanity held a groundbreaking for their first home construction in the Amelia area and thanked them for their efforts in the Charlton Minutes;October 10, 2000;Page 4 Pollard neighborhood and now in other parts of the city. He complimented their efficiency and capability shown in choosing deserving families to purchase the homes. Mayor Pro Tern Goodson expressed a desire that the City continue to find vacant lots throughout the city to construct homes in partnership with groups such as Habitat for Humanity. Councilmember Samuel said that being at the ceremony Sunday gave a sense of community spirit. He said that spirit flowed throughout the home and is the spirit Habitat has picked up—the spirit of John Reeder who died after a heart attack during a volunteer work day five years ago last Sunday. Councilmember Smith questioned if the Clean-Up Day scheduled for October 28 is city-wide or just in the Old Town area and voiced support of a city-wide Clean-Up Day. Mayor Moore told Council that he will formulate a letter expressing views on junior water rights for all of Council to sign. He expounded on past concerns and dialogue regarding water resources and the impact it could have on our economy and water supply. City Manager's Report - Solid Waste Management Grant, Bill and Melinda Gates Foundation Training Session and Beaumont Day/Government Affairs Trip Mr. Bonczek reported success in receiving a Solid Waste Management Grant in the amount of$60,000 through the Southeast Texas Regional Planning Commission from fees landfill operators pay to the state. He recognized Clean Community Director John Labrie's efforts while serving as president of the Texas Lone Star Chapter of the Solid Waste Association of North America in lobbying Austin for passage of this legislation. Councilmember Samuel interjected a request for an update on Carroll Street Park progress. Public Comment (Persons are limited to three (3) minutes) Sergeant Paul Perritt, 3194 Jamestown, addressed Council to thank them for consideration of the insurance plan for retirees and expressed disappointment that their rate of payment was not reduced. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Deborah Edwards Golden Triangle Paper Stock Co., Inc. d.b.a. Gulf Coast Recycling Co. v. City of Beaumont Christ Community Church, Paul and Carol Gertz v. City of Beaumont June Emerson v. City of Beaumont Minutes;October 10, 2000;Page 5 Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Attorney Performance Evaluation City Clerk Performance Evaluation There being no other business, the meeting adjourned at 2:22 p.m. David Moore, Mayor Barbara Liming, City Clerk Minutes;October 10, 2000;Page 6