HomeMy WebLinkAboutMIN DEC 12 2000 (2) MIN U T E S - CITY OF BEAUMONT
Lulu L. Smith DAVID W. MOORE, MAYOR Guy N.Goodson, Mayor Pro Tom
Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames
Bobbie J. Patterson December 12, 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 December 12, 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 1:32 p.m. The Reverend Tony Williams, pastor of
Westgate Church of Christ, gave the invocation. Mayor Moore led the pledge of allegiance.
Present at the meeting were: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Cokinos,
Ames, Samuel, and Patterson. Councilmember Smith was absent. Also, present were: Stephen
J. Bonczek, City Manager; Lane Nichols, City Attorney; and Terri Hanks, Administrative Assistant.
*Presentations and Recognitions
Lamar University Student Government Association did not make a presentation.
A proclamation was issued: "National Safe and Sober-Drunk and Drugged Driving Prevention
Month," December 2000.
Mr. Keith Rogers with H.E.B. Pantry Foods presented Council with a Christmas coconut cake, and
extended an invitation to Council and the public to attend the eighth annual H.E.B. Feast of Sharing on
Saturday, December 16,2000from 3:00 p.m. to 7:00 p.m.atthe Beaumont Civic Center. Mr. Rogers
reported area high school students would be volunteering and would welcome other volunteers. Also,
Mr. Rogers announced there would be free flu shots.
Mayor Moore mentioned there would be entertainment from local schools and groups which would add
to holiday festivities and on behalf of the City of Beaumont he thanked and congratulated Mr. Rogers
and H.E.B. for the event.
City Manager Stephen J. Bonczek announced the City received a Certificate of Achievement for
Excellence in Financial Reporting from the Government Finance Officers Association for its
comprehensive annual financial report(CAFR). He stated it is the City's thirteenth year to receive the
award and the report met high standards of excellence which included demonstrating a constructive
spirit of full disclosure to clearly evaluate our financial situation. Mr. Bonczek recognized Finance
Officer Beverly Hodges, Comptroller Paula Labrie, and Accounting Staff Janice Ridley and Peggy
Rhame.Mayor Moore congratulated Beverly Hodges and herstaff for being consistent in achieving the
award.
*Public Comment: Persons may speak on scheduled agenda items 1 - 4
No one wished to address these subjects.
* Consent Agenda
* Approval of the minutes of the regular meeting held November 28, 2000
* Confirmation of committee appointments:Melody Thomas,Mike Peyton,Eddie Arnold,George
Gardner, Maury Meyers, Clayton Mayfield, Beau Proctor,John Breier and Roy Wells of the
Beaumont Economic Development Advisory Committee for terms expiring December 31,
2001; and Charlie Gibbs of the Community Development Advisory Committee for term
expiring December 11,2002. Reappointments: Miriam K. Johnson of the Convention and
Tourism Advisory Committee fora term expiring December 2,2002.-Resolution No.00-305
A) Approve the purchase of one directional boring machine for use by the Water Utilities Division
(from Ditch Witch for $195,558.59)- Resolution No. 00-306
B) Approve the purchase of six photocopiers through the State of Texas Cooperative Purchasing
Program (in the amount of$36,010.08) - Resolution No. 00-307
C) Approve the waiver of penalty and interest in the amount of $521.76 for Magnolia Baptist
Church - Resolution No. 308
D) Approve a resolution authorizing the execution of an agreement with the Burlington Northern
Santa Fe Railway Company to construct a signalized railway crossing on Concord Road(in the
amount of$245,106) - Resolution No. 309
E) Approve the acceptance of land for the proposed Memorial Plaza and Brick Walkway in honor
of firefighters (located at 230 Main Street, parts of Lots 711,714, 715, and 716, Block 32,
Beaumont Townsite Addition donated from Lexie Nall, Margaret Nall Matthews and Mary B.
Nall) - Resolution No. 310
F) Approve the purchase of ten pumping units and five variable frequency drives for the Water
Production Division(Johnston Pump Company in the amount of$660,058 for five high service
pumps and two variable frequency drives; Phoenix Pump Company in the amount of$210,224
for two filter backwash pumping units; and Smith Pump Company in the amount of$522,000
for the purchase of three raw water pumps and three variable frequency drives)-Resolution
No. 311
G) Approve the purchase of one ambulance for the Emergency Medical Services Division(EMS)
(from Frazer, Inc. in the amount of$80,500) - Resolution 312
Minutes December 12,2000 Page 2
H) Approve a one year contract for the purchase of fittings, pipes, and couplings for use by the
Water Utilities Division(from various vendors in an estimated annual expenditure$290,030)-
Resolution No. 313
1) Approve a one-year renewal contract with Carolyn C. Chaney&Associates, Inc.to act as the
City of Beaumont's Washington Assistant(in the amount of$53,130 and a maximum of$4,000
for reimbursable expenses) - Resolution No. 314
J) Approve a resolution to allow Hibernia National Bank to pledge a security as collateral for City
accounts which is held at the Federal Reserve Bank of Atlanta,effective December 8,2000(at
current market value of$1,008,437.50) - Resolution No. 315
Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Ames
seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Cokinos,
Ames, Samuel, and Patterson
Noes: None
GENERAL BUSINESS
1. Consider amending Section 26-23 of the Code or Ordinances modifying speed limits on
Walden Road between Interstate 10 and FM 364 (Major Drive)
Councilmember Cokinos moved to approve Ordinance No.00-102 ENTITLED AN ORDINANCE
AMENDING CHAPTER 26, SECTION 26-23 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT
TO ESTABLISH MAXIMUM AND MINIMUM SPEEDS IN CERTAIN ZONES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Mayor Pro Tern Goodson seconded the
motion. MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Cokinos,
Ames, Samuel, and Patterson
Noes: None
2. Consider a request to abandon a 320'x 60'section of right-of-way of Cheek Street between
Alabama Avenue north to the abandoned Colorado Avenue
Councilmember Patterson moved to approve Ordinance No.00-103 ENTITLED AN ORDINANCE
ABANDONING THE 320'X 60'SECTION OF RIGHT-OF-WAY OUT OF CHEEK STREET BETWEEN ALABAMA
AVENUE NORTH TO THE NORTH RIGHT-OF-WAY LINE OF THEABANDONED COLORADO AVENUE,IN THE
CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR THE RETENTION OF A 320'X 60'
GENERAL UTILITY EASEMENT. Councilmember Ames seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Cokinos,
Ames, Samuel, and Patterson
Noes: None
Minutes December 12,2000 Page 3
3. Consider authorizing the execution of an agreement with the Lower Neches Valley Authority
(LNVA)for participation in the construction and operation/maintenance of the Neches River Salt
Water Barrier Project
Public Works Director Tom Warner commented the salt water barrier project has started and
would be completed in three to four years.
Mayor Pro Tern Goodson moved to approve Resolution No.316 authorizing the City Manager
to execute an agreement with the LNVAforthe City's participation in the construction($1.8 M)
and operation/maintenance ($63,000 per year) of the Neches River Salt Water Barrier.
Councilmember Cokinos seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Cokinos,
Ames, Samuel and Patterson
Noes: None
4. Consider nominating West Telemarketing Corporation as an Enterprise Project pursuant to the
Texas Enterprise Zone Act
Councilmember Cokinos moved to approve Resolution No. 317 nominating West
Telemarketing Corporation as an Enterprise Project pursuant to the Texas Enterprise Zone Act.
Councilmember Ames seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Cokinos,
Ames, Samuel and Patterson
Noes: None
5. PUBLIC HEARING: Designation of a reinvestment zone
Consider designating approximately 12.1 acres located on South Cardinal Drive at 4th Street
(Southeast quadrant) as a reinvestment zone
Mayor Moore opened the public hearing at 2:02 p.m.
City Manager Stephen J. Bonczek requested consideration for a reinvestment zone to qualify
the Phoenix Millwork expansion project for economic incentives,primarily a tax abatement and
stated goals are to promote economic development, create jobs, and encourage new
investments in our community. Mr. Bonczek commented Phoenix Millwork would qualify fora
30% five-year tax abatement.
Phoenix Millwork General Manager Paul Bertrand addressed Council concerning the expansion
project for Phoenix Millwork, a division of Baker McMillen Company of Ohio, and stated they
have been in business since 1985. Mr. Bertrand gave a history of the business establishment
and growth. He also commented that he received a great deal of assistance from all the City
departments and expressed how helpful they were.
Minutes December 12,2000 Page 4
Beaumont Chamber of Commerce Vice President for Economic Development James Rich
addressed Council concerning the Phoenix Millwork expansion project and requested Council
support in helping the company grow.Mr.Rich relayed an impressive experience when visiting
the company in Akron, Ohio and stated it is a fine company.
Former Chairman of Economic Development for the Chamber of Commerce Milt Prewitt
addressed Council requesting encouragement and strong consideration to this reinvestment
zone. Mr. Prewitt stated the City has become aggressive in economic development and has
taken great strides in progress with the recent announcement of the West Teleservices deal.
He commented the City needs to remain competitive with other cities across the State and
thanked Council for their efforts.
Mayor Moore commented one of the key issues in an aggressive attitude, is not only the
creation of jobs, but the retention of jobs once the project starts.
Councilmember Patterson confirmed Phoenix Millwork would be hiring locally and welcomed
them to Ward IV.
Mr.Johnson addressed Council concerning the Phoenix Millwork expansion project, he stated
the neighborhood does not need warehouses,but major stores. He requested Council take into
consideration the neighborhood needs and requested the project be relocated.
Mayor Moore closed the public hearing at 2:12 p.m.
Mayor ProTem Goodson confirmed the property is currentlyzoned and itwould be adequate
for current and future needs.
Councilmember Ames moved to approve Resolution No. 318 approving the designation of
approximately 12.1 acres located on South Cardinal Drive at 4th Street(southeast quadrant)
being M.C. Cartwright B41, PT3-B, B42, PT3-13 and B42, TR2 as a reinvestment zone.
Councilmember Patterson seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Cokinos,
Ames, Samuel and Patterson
Noes: None
OTHER BUSINESS
*Proposed revision to the tow truck and towing companies Ordinance 98-64
City Manager Bonczek introduced an ordinance for revision for Council consideration for the
regulation of tow truck operations of which the revision would allow tow truck companies to
share office and storage yard spaces. Mr. Bonczek stated the current ordinance prohibits
sharing of space and there is a situation where Walls Wrecker Service and S & S Wrecking
have for over twenty years shared office and storage yard spaces. He commented timing is
an issue and the wrecker companies'lease is up at the end of the year and they want to move
to a new location. Mr. Bonczek expressed the revision would allow collaboration among
Minutes December 12,2000 Page 5
different companies to share facilities, fewer storage yards in the City and more efficient use
of land space, and improve competitiveness.
Police Chief Tom Scofield reported twenty-two different cities were surveyed concerning their
tow truck operations ordinances, specifically regarding sharing of licensed vehicle storage
facilities. Police Chief Scofield expressed concerns regarding enforcement and said the entire
ordinance should be reviewed.
City Attorney Lane Nichols commented there is no specific "grandfather' provision in the
ordinance and the changing of locations caused question to the ordinance. He stated before
a wrecker company is issued a permit for a new location,they would need to comply with the
ordinance.
Mayor Pro Tern Goodson voiced agreement with Police Chief Scofield regarding updating of
the entire ordinance. He commented it would be his preference to look at the ordinance
completely and any other necessary changes are made at one time.
City Manager Bonczek recommended meeting with all the towing companies to discuss any
changes. Mayor Moore also encouraged discussion with the City Attorney and the Police Chief,
prior to formal adoption.
Report from the Beaumont Chamber of Commerce
Chamber of Commerce Chairman for Economic Development Ed Myers presented a Chamber
of Commerce report as shown in Exhibit"A." He requested continued financial support and
economic initiatives have been successful this year in attracting West Teleservices.
Chamber of Commerce President John Breier echoed comments about the relationship and
interaction between City Council,City Manager,Economic Development Director Kyle Hayes,
and the business community working together. Mr. Breier stated the City has one of the most
powerful economic development tools and there is very little that we cannot accomplish
together. Mr. Breier thanked Council for their past and continued support. He added the
Chamber of Commerce has partnered with Lamar University to do economic development
educational training.
Mayor Moore commented it is important the Chamber of Chamber continue their leadership
in bringing amenities to the communities.
Councilmember Patterson requested the Chamber of Commerce meet with Ward constituents
to explain economic development, what attracts a business to a particular area, and certain
variables and factors. Mr. John Breier welcomed the opportunity.
COMMENTS
Councilmembers comment on various matters
Mayor Pro Tern Goodson commented about a recent discussion with the former Texas
Municipal League President T.J. Patterson who has strongly recommended that Council look
Minutes December 12,2000 Page 6
at youth initiatives on a statewide basis as opposed to next year after the legislative session.
He stated initiatives will be strongly considered in this upcoming year and encouraged Council
and community friends to submit their ideas foryouth initiatives that can be started or improved.
*City Manager Report: Intelligence Transportation System (ITS) Grant, Softball Tournaments,
Downtown Revitalization and Waterfront Planning,Sales Tax Update,GFOA Certificate Achievement,
Theodore R.Johns, Sr. Branch Library,City Internet Web Page,Web Award,Status of the Automatic
Eternal Defibulator (AED), ICC International Building Code General/Occupancy Code Action
Committee, Storm Water Management Advisory Committee, Partnership in Governance 2001
City Manager Stephen J. Bonczek encouraged participation at planned charettes for waterfront
development and downtown revitalization this Wednesday and Thursday at the Port of
Beaumont and there will be three opportunities each day for stakeholders to come together and
share thoughts and ideas. Mr. Bonczek appreciated Council's response to the survey on
strategic issues and confirmed Tuesday, January 30, 2001 from Noon to 5:00 p.m. for the
Partnership in Governance 2001 meeting at the Garden Center in Tyrrell Park. He reported that
the Storm Water Management Advisory Committee is currently conducting public education by
sharing information with the community about drainage related problems,issues,and solutions.
Mr. Bonczek reported the City received the Hometown USA Community Award,Aloha Award,
and the Blue Ribbon Award for excellence in local government web sites for the City's new web
home page and commended Center Services Director Kirby Richard, Information Services
Manager Phyllis Boudreaux, Information Services Administrator Vickie Thibodeaux, and
Information Services Staff. The City Manager stated work is progressing on the Mayor's Youth
Commission web site with participation from students at Ozen,Central,Westbrook and Kelly
High Schools. He reported there will be numerous scheduled AFA Softball Tournaments at the
Beaumont Athletic Complex for 2001. Mr. Bonczek commended Building Official Don Burrell
for his two-year term of the ICC International Building Code General/Occupancy Code Action
Committee and Director of Libraries Maurine Gray for receiving the Distinguished Graduate of
Leadership Beaumont award.
Mayor Moore added Councilmember Bobbie Patterson was reelected to NBC-LEO Region
Eleven at the past NBC meeting.
* Public Comment (Persons are limited to three (3) minutes).
Mr. Alfred Arrendondo, 1125 Van Buren Street, addressed Council to request a ninety-day
extension for repair work on a dilapidated structure, because of delays in acquiring a title and
for an injury. The Mayor advised Mr.Arrendondo that Council could not take any action, and
encouraged him to meetwith the City Manager,the City Attorney,and Councilmember Samuel.
Councilmember Samuel commented Mr.Arrendondo contacted him regarding the situation in
delays in acquiring the title transfer and advised him to bring the matter before Council.
Mr. John Walls, 1275 West Cardinal Drive, Wall's Wrecker Service, addressed Council
regarding comments on the proposed revision to the tow truck ordinance. He read a portion
of the prior ordinance 88-15 and requested Council to consider putting a"grandfather"clause
in the revised ordinance.
Minutes December 12,2000 Page 7
(Councilmember Samuel left Council Chambers at 3:02 p.m. and returned at 3:05 p.m.)
Mr. Tim McFarland, 1275 West Cardinal Drive, S & S Wrecking, addressed Council to
question how long itwould take for the ordinance revision,because he has to be moved out of
his current location by February 1,2001. Mr. McFarland stated that State law requires him to
make notification thirty days in advance by certified mail of his intent to relocate.
City Attorney Lane Nichols recommended that Mr. McFarland make a good faith notice of intent
to relocate, and Mayor Moore recommended pushing this item forward.
Ms. Darla Bell,4120 Pradice,addressed Council regarding one of drivers of her transportation
service business receiving a citation for not having an Endorsement "P" for a passenger
commercial license. Ms. Bell was referred to the City Attorney for further discussion.
Mr. Bill Proctor,4340 Westbridge, addressed Council in appreciation for having the Council
Agenda on the City's web site and for the STS system.
EXECUTIVE SESSION
*Consider matters related to contemplated or pending litigation in accordance with Section
551.071 of the Government Code:
James Hucker v. City of Beaumont
There being no further business, the meeting adjourned at 3:10 p.m.
David W. Moore, Mayor
Ai-"
Terri Hanks, Administrative Assistant
Minutes December 12,2000 Page 8