Loading...
HomeMy WebLinkAboutMIN MAY 25 1999 M I N U T E S - CITY OF BEAUMONT Lulu L.Smith DAVID W. MOORE, MAYOR Bobbie J. Patterson, Mayor Pro Tem Guy N.Goodson CITY COUNCIL MEETING Andrew P. Cokinos John K.Davis MAY 25,1999 Becky Ames Lane Nichols,City Attorney Ray A. Riley, City Manager Barbara Liming, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on May 25, 1999, 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 1:35 p.m. The Reverend Edison Colbert of Paradise Missionary Baptist Church, gave the invocation. Mr. Ray Riley, City Manager, led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tem Patterson, Councilmembers Smith, Goodson, Cokinos, Ames, and Davis. Also, present were: Ray A. Riley, City Manager; Lane Nichols, City Attorney; Barbara Liming, City Clerk; and Rebecca A. Hoge, Deputy City Clerk. *Presentations and Recognitions Three proclamations were issued: "Jade Gordon" (a sixteen-year-old Westbrook student honored for heroic actions and skillful quick thinking used in helping to save the lives of her neighbors during a home on April 17, 1999. Fire Chief Michel Bertrand also presented Ms. Gordon with a "Certificate of Life Saving Award" plaque, a Beaumont Fire Department cap and patch, and an honorary firefighter card.); "Safe Boating Week," May 22-28, 1999; and "Small Business Week," May 31, 1999 - June 6, 1999. Mayor Moore acknowledged Mr. Raymond Chaison who was given an "Outstanding Volunteer Award" in Washington D.C. recently for his participation and leadership in the Weed and Seed Program in the Charlton Pollard neighborhood. Ms. Amy Gill, assistant principal for Homer Elementary School, was also recognized by Mayor Moore for the reading program her students recently completed (103 students read more than 3,000 books over five-month period and were rewarded with a pizza party and Mayor Moore as a guest). Community Services Director Maurine Gray, reminded everyone of the variety of summer programs available at each of the city libraries and encouraged everyone to participate. *Public Comment: Persons may speak on scheduled agenda items Citizen comment was invited on the Consent and Regular agenda Items. No one wished to address these subjects. *Consent Agenda * Approval of the minutes of the special meetings held May 7, 1999 and May 8, 1999, and the regular meeting held May 11, 1999 * Confirmation of committee appointments (Appointments: Beaumont Advisory Commission for Prevention of Child Abuse and Neglect- Marilyn Hebert, Parks and Recreation Advisory Committee - Lori Falk, Sister City Commission - Sina K. Nejad, terms expiring May 24, 2001. Reappointments: Convention and Tourism Advisory Committee - Mel Wright, term expiring March 24, 2001; Historical Landmark Commission - Julia Levy, term expiring May 1, 2001; Sister City Commission - Carolyn Howard, term expiring February 2001, Dr. William J. Graber III, term expiring April 3, 2001.) - Resolution No. 99-155 A) Approve the acquisition of property through the process of an eminent domain for the Concord Road Improvement Project (1605 Liveoak, 0.024 acre of Lot 18, Block 28 McFaddin Heights Addition, from Silverene Simon for $25,700) - Resolution No. 99-156 B) Approve a payment for relocation assistance related to Concord Road Improvement Project (assistance for Mr. J. J. Perello for displacement assistance of$433 moving expense, and $1,112 storage expense) - Resolution No. 99-157 C) Approve the location and construction of a pipeline and appurtenances for Esenjay Exploration, Inc. on property in the Christian Hillebrandt League (Surface Use Agreement approved on February 16, 1999 for pipelines across City property for $24,600) - Resolution No. 99-158 D) Approve the purchase of a tractor for use in the Neighborhood Services Division/Clean Community Department (John Deere Model 5310 tractor from Eastex Farm & Home of Beaumont for $16,650) - Resolution No. 99-159 E) Approve a pledge of collateral by Hibernia National Bank (a current value of $100,000, effective May 20, 1999) - Resolution No. 99-160 F) Approve a resolution relating to a grant application to the Texas Narcotics Control Program for continuation of the grant that funds the Jefferson County Narcotics Task Force - Resolution No. 99-161 G) Approve a release of collateral by Chase Bank of Texas (two surety bonds {#1066 $5,500,000 and#1178 $840,000 totaling $6,340,000} effective May 21, 1999) - Resolution No. 99-162 Minutes;May 25,1999;Page 2 H) Approve an agreement with Mr. Randolph J. Ney to lease property in exchange for the extended use of the Municipal Court Building's third floor vault (extend the use of the vault until December 31, 2004, in exchange for a lease of the vacant parking lot and property west of the new Municipal Court Building.) - Resolution No. 99-163 Councilmember Davis moved to approve the Consent Agenda. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Patterson, Councilmembers Smith, Goodson, Cokinos, Ames, and Davis Noes: None Mayor Moore questioned Item H (lease of third floor vault in the Municipal Court Building) of the consent agenda, as to the liability the City would be responsible for in the leasing this vault. In response, Mr. Riley stated the City would not be liable for any losses, the City would gain parking space for the court facility, and the lease agreement could be canceled at any time. GENERAL BUSINESS 1. Consider an election of Mayor Pro Tempore Councilmember Patterson made a motion that Councilmember John K. Davis be elected to serve as Mayor Pro Tem for the coming year. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Patterson, Councilmembers Smith, Goodson, Cokinos, Ames, and Davis Noes: None 2. Consider a request for a zone change from LI (Light Industrial) to RM-H (Residential Multiple Family Dwelling-Highest Density) District for property located at 5755 and 5775 Erie Street Councilmember Smith moved to approve an Ordinance No. 99-42 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCE 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 Li (LIGHT INDUSTRIAL) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 5755 AND 5775 ERIE STREET, BEAUMONT,JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Patterson seconded the motion. MOTION PASSED. Minutes;May 25,1999;Page 3 Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None Mayor Moore deferred from the regular agenda to recognize Ms. Carolyn Howard of BUILD, Inc. Ms. Howard informed the Council on Monday, May 17, 1999, the community celebrated the 1999 Beaumont Preservation Awards, Beaumont Heritage Society received the award for more than 30 years of significant preservation contributions to the community. Ms. Howard introduced Mr. Bill Hadaway, president of the Heritage Society, and Mrs. Nell Truman, the executive director. 3. Consider a request for a zone change from RS (Residential Single Family Dwelling) to RM- M (Residential Multiple Family Dwelling-Medium Density) District for a 11.379 acre tract located west of Major Drive Councilmember Smith moved to approve an Ordinance No. 99-43 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCE 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 RS (RESIDENTIAL SINGLE FAMILY DWELLING-MEDIUM DENSITY)DISTRICT TO RM-M(RESIDENTIAL MULTIPLE FAMILY DWELLING- MEDIUM DENSITY) DISTRICT FOR AN 11.379 ACRE TRACK LOCATED WEST OF MAJOR DRIVE, BEAUMONT,JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None 4. Consider contracts for the construction of a Parks Operation Facility Mayor Pro Tem Davis moved to approve Resolution No. 99-164 authorizing a contract with SeTEX Construction Corporation for the construction of the Parks Operation Facility in the amount of $404,400 and Resolution No. 99-165 authorizing a contract with Treyco Contractors, Inc. In the amount of$127,777 for construction of driveways, parking lots and paved areas around the Parks Operation Facility. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None 5. Consider a contract to repair the Julie Rogers Theatre facade Minutes;May 25,1999;Page 4 Councilmember Smith moved to approve Resolution No. 99-166 authorizing a contract to repair the Julie Rogers Theatre facade with Moore's Waterproofing in the amount of $176,681. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None 6. Consider a contract for the Summer Food Service Program sponsored by the Parks and Recreation Department Councilmember Cokinos questioned the food preparation site, freshness of lunches, low bidder paying Beaumont property taxes and having a local office, and if the sales tax impact was considered. Councilmember Cokinos also asked if the bid could be awarded to a local vendor since the difference between the low out-of-city bidder and local vendor was close. Mr. Riley stated everything that could possibly affect the bid was taken into consideration. Both vendors have very successfully provided this service in the past, both companies served fresh quality food in an exceptional manner. Mr. Riley informed Council, we have no way of showing Regal's price, the lowest price, is not the best price. Mr. Riley stated this program is a State-funded program, and he was not sure what type of response we would received from the State in not selecting the lowest bidder. Under the purchasing laws in order to do business as a public agency, we must conform with the law. Councilmember Cokinos made a motion to award the contract for the Summer Food Service Program to local vendors, Moncla's Inc. Councilmember Ames agreed that Council should award city contracts to local vendors whenever possible, and said she would second Councilmember Cokinos motion if there was a way to select the highest bidder without breaking any state purchasing laws. Councilmember Goodson concurred with the principal of giving the contract to Moncla's because they are local and they provide summer jobs for our city youth to help in preparation of the meals. Mayor Pro Tem Davis commented on fairness, and stated it comes down to the fact "Can we be sued?". Mayor Pro Tem Davis asked how do we proceed from this day forward, how can we have a consistent way of selecting bids, and how do we select bids in the future, if we do not use the same criteria we have used in the past and in our selection today? He explained, in selecting bids, the most responsible way is to be uniform and consistent in our selection--to always select the lowest bids if all other factors are the same. Minutes;May 25,1999;Page 5 Councilmember Cokinos asked the City Attorney, Lane Nichols, for a legal opinion on this issue. Mr. Nichols, informed council the statutory criteria in selection of bids, is to analyze the financial part of a bid to assure we are awarding the bid to the lowest responsible bidder. This analysis has been done in great detail by city staff; it cannot be proven the City would benefit financially to select another bidder, and to go beyond this would risk litigation. City Attorney Nichols said he could not recommend this action. Councilmember Cokinos made the motion again to award the contract to Moncla's for the Summer Food Service Program as they are local vendors. THE MOTION DIED for lack of a second. Mayor Pro Tem Davis moved to approve Resolution No. 99-167 authorizing a contract with Regal Food Service, Inc. for the Summer Food Service Program in the amount of$1.825 per lunch (estimated total $57,816.00). Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Ames, and Patterson Noes: Councilmember Cokinos 7. Consider a contract with BUILD, Inc. related to a development plan for the Gilbert Cultural Arts Center (total cost of the development plan about $25,000, city's share $12,500 from Hotel/Motel occupancy tax) Councilmember Smith moved to approve Resolution No. 99-168. Mayor Pro Tem Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None 8. Consider an allocation of $15,000 to Some Other Place for equipment, furniture and appliances related to their new facility Mayor Pro Tem Davis made a motion to amend Resolution No. 99-169 to allocate $25,000 to Some Other Place. Councilmember Ames seconded the motion. Mayor Moore asked for a legal opinion regarding changing the amount. The City Attorney, confirmed the motion was adequate to make this change. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Minutes;May 25,1999;Page 6 Noes: None 9. Consider approving the purchase of an asphalt pothole patch truck for use in the Public Works Department, Streets and Drainage Division Councilmember Cokinos moved to approve Resolution No. 99-170 authorizing purchase of an asphalt pothole patch truck from H. D. Industries, Inc./Barrett Motors in the amount of $87,145. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None 10. Consider the appointment of an Interim City Manager Mayor Moore asked what would the Interim City Managers' responsibilities be? Mr. Riley stated that the responsibilities of the Interim City Manager would be to provide leadership from one administration to another, maintain the current City programs, said the Interim City Manager would be directly responsible to the Council and would be the Acting Chief Executive Officer and Chief Administrative Officer until the new City Manager, Stephen Bonczek, arrives in Beaumont. Mayor Pro Tem Davis made a motion to appoint Mr. Kyle Hayes as Interim City Manager. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem, Councilmembers Smith, Goodson, Cokinos, Ames, Davis, and Patterson Noes: None COMMENTS * Councilmembers comment on various matters Councilmember Patterson stated on the April 27th, 1999 agenda, the allocation of Section 108 Guaranty Funds to L. L. Melton YMCA and the library for the south end was to be discussed, but was tabled until the next meeting. Councilmember Patterson asked that this item be placed on a council agenda as soon as possible, since it requires publication and a public hearing. Lane Nichols, the city attorney, praised Mr. Riley for the City of Beaumont's prosperity under his management during his two tenures as city manager with the City of Beaumont, and said that Mr. Riley would be missed. Minutes;May 25,1999;Page 7 Councilmember Patterson announced that the South Park Neighborhood Association will meet on Thursday, May 27, 1999, at 6:30 p.m., at the South Park Baptist Church. Splash Day for the Alice Keith Park will be, Saturday, May 29, 1999. Mr. Luke Jackson, of Parks and Recreation, stated announcements would be made for the pools openings on May 29th, 1999, and there will be a "Splash Day' at the Alice Keith facility with balloons and refreshments on that day. Mayor Pro Tem Davis commented that we are beginning a new phase with a new city manager, and it is incumbent upon all of us as citizens to welcome Mr. Bonczek to our city with open arms. He said Mr. Bonczek has very big shoes to fill, and we should all give him a fair start in the beginning. Mayor Pro Tem Davis stated that it has been a pleasure to work with Mr. Riley, and that dealing with Mr. Riley as a city manager has made him a better councilmember, and he has the utmost respect for not only Mr. Riley's ability but his intellect. He said the City of Beaumont received a blessing the day Mr. Riley became, and then came back as City Manager, and to say that he is an excellent City Manager is an understatement. Councilmember Ames congratulated Mayor Pro Tem Davis on his newly elected position as Mayor Pro Tem. Councilmember Ames conveyed her disappointment at not being able to attend Mr. Riley's reception tomorrow because of a work related business trip. Councilmember Ames told of remembering five years ago when she was first elected to the City Council, the help and knowledge Mr. Riley shared with her about municipal government, she said Mr. Riley has made all of council's jobs so much easier. He has helped Council work through controversial issues, political issues, and has always been able to come forward with a solution that helped council work through them. She told Mr. Riley he would be missed. Councilmember Cokinos congratulated Firefighters, Brian Champagne and Casey Foster and Police Officer Jimmy Singletary for the successful rescue of the gentleman on the water tower on Phelan Boulevard. Councilmember Goodson voiced disappointment in not being able to attend Mr. Riley's reception tomorrow afternoon because his job would require him to be out of the city. He commented that his twenty years of living in Beaumont have been influenced by Mr. Riley, as a friend and confidant. He stated that Mr. Riley will always be his superior, and that what he has learned from Mr. Riley is immeasurable in making him a better and wiser councilmember. He said that Mr. Riley has kept him from getting into trouble, has judiciously kept him from making bad decisions, and the thing that he has done the very best is to keep an equilibrium and balance. Councilmember Goodson stated that Mr. Riley is not only good at what he does, but is not afraid to challenge those around him. He delegates responsibility to others, and today Council is surrounded with a very experienced set of senior managers. Councilmember Goodson said the fact that Department Heads have stayed with the City of Beaumont and worked with Mr. Riley for this length of time Minutes;May 25,1999;Page 8 indicates his confidence he has in them and the real depth of our city manager, and told Mr. Riley he will be missed. Councilmember Smith expressed how much she has enjoyed working with Mr. Riley, said he has been a beacon for all of us and has kept us focused on what our real goals should be and how to accomplish them. She further commented about working with Mr. Riley as the City Health Officer being a pleasant experience. She stated that for the last ten years Mr. Riley has been sitting to her right on the kiosk, said she would miss him, and it would be hard to adjust to a new person sitting there. Councilmember Smith also commented about Mr. Riley's approach to problems, and said the City is much better off for his input. Mayor Moore commented that it has been an interesting decade working with Mr. Riley, and said he remembers their first conversation about perception--about what people thought. Mayor Moore stated he has seen growth in every community, in every aspect of what we look for in the City, and said there are some things that Mr. Riley has put his initials on and will be his trademark for years to come. He said Mr. Riley has left some big shoes to be filled, he has left a good team for the next manager, and he has left Beaumont a better place to live. * Public Comment (Persons are limited to 3 minutes) Mr. Raymond Chaison, 1130 Lamar Street, thanked the Council and the Chief of Police for allowing members of the Police Department to go with him to see how the Weed and Seed Program is working in Shreveport, Louisiana. He thanked Council for the help they have given him to get this program off the ground and working. He asked Council about the possibility of getting benches and shelters for bus lines for the elderly and disabled, especially at Shamrock and Irving, and McGovern. Mayor Moore asked Mayor Pro Tem Davis and Public Works Director Tom Warner to take a look at the problem at the two locations. Mr. Charles Johnson, 5080 Helbig Road, thanked Ms. O'Neal for all the help and assistance he has received from Some Other Place, and stated the money was well spent there. Mr. Johnson reminded Mayor Moore of the events scheduled at Plymouth Village this Thursday from 2:00 p.m. until 5:00 p.m., and said the children are looking forward to his attendance. Mr. Johnson repeated the problems he was having with Time Warner (TCI) and their reissuing contracts outside the bulk contract he has with them. Mr. Johnson stated he was still being harassed by the Police Department. Mayor Moore encouraged Mr. Johnson to refer his complaints of harassment to the Police Chief. Ms. Paula O'Neal, 840 Jasmine Drive, thanked Council for their generosity in today's approval of funding for Some Other Place. She said the new Some Other Place building will be a partnership. It is on city property, it is being funded by the support of almost 700 Minutes;May 25,1999;Page 9 programs that will truly affect the lives of the people they serve--feeding, clothing, and even paying bills for them. She expressed hope that the new facility will offer services to individuals in need and enable them to take care of basic needs for themselves. Ms. O'Neal introduced her Board's President, Frank Easley. She also thanked Mr. Riley for representing the City at the ground breaking ceremonies that were scheduled at the same time council was in attendance at a Planning and Zoning meeting. Ms. O'Neal said Mr. Riley's presentation was beautiful, touching and from the heart, and she will always remember his kind words and that he will be missed as city manager. Mayor Moore thanked Ms. O'Neal for her leadership and the Board's. Mayor Moore commented on how he has seen the hope in people's faces as he passes the facility. He stated they know some level of support can be received at Some Other Place. Mr. Frank Keffer, 3190 Willowood, asked Council to consider granting an exemption increase for all the homeowners in the City of Beaumont. He also thanked Councilmember Cokinos and Mr. Riley always responding favorably to him whenever he has asked for help. Mr. Benny Mendoza, 5655 South Kenneth, thanked Council for his appointment to the Parks and Recreation Advisory Committee. He praised the great job Mr. Riley had done as City Manager for the City of Beaumont. Mrs. Cindy Johnson, 5080 Helbig Road, informed Council that she and her husband, Mr. Charles Johnson, have reported Police harassment against her husband to the Chief of Police, they have been to Internal Affairs Division, and she was here to ask for help. Mayor Moore, communicated to Mrs. Johnson that his earlier statements to Mr. Johnson were in reference to certain name calling. Mr. Roberto Flores addressed Council regarding Ordinance No. 99-33, regulating moving of buildings for residential purposes within the City. Mr. Flores believed the bi product of this ordinance was "reject' housing, and they are now being moved into the Avenues area. Currently five or six houses have been moved in, and he anticipates more houses will be moved. He expressed his concern that the ordinance is discriminatory, it safeguards areas which have high property value, which makes it easier to bring these houses into an area of homes with a lower property value, such as the Avenues. Recently a neighborhood plan, which showed a need for housing in the Avenues, was submitted by his organization, approved by Council. His current concern is that the houses being moved into this area will be the solution to the Avenues housing problems. Mr. Flores felted this ordinance safeguarded neighborhood with high property value, but gave his particular region no protection from "reject" housing; and if these houses continue to move into the Avenues area, there would be no spaces for new houses to be built to improve the housing problem. Minutes;May 25,1999;Page 10 Mayor Pro Tem Davis replied that Council looked at an ordinance under Councilmember Goodson's leadership, and they tried to come up with the best ordinance to help all people. Mr. Mike Sinclair of Sherman & Sherman addressed Council to respond that he has been to neighborhood association meetings with Mr. Flores, and has received no comments from him about the houses they are moving into the Avenues area. Mr. Sinclair told Council that houses they moved are brought up to 75% to 90% of the value of those in the area, and are not reject houses. Mayor Moore congratulated all the parents and their graduates for the completion of their first twelve years of school, and wished them a continued focus on education. He also congratulated the athletes from our area on the number of their successes. Mayor Moore asked that all citizens be mindful of the fact that school will be out soon, and to watch out for the children. Mayor Moore reminded everyone that they were invited to the reception tomorrow from 5:00 p.m. until 7:00 p.m. for retiring City Manager, Mr. Ray Riley. EXECUTIVE SESSION Executive Session in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: Janie Talmore v. City of Beaumont Freddie Gatlin, et al v. David Roubein, et al Hospital Fee Guideline, State Office of Administrative Hearings SOAH Docket 453-99-0533 Subrogation Claim of Beaumont - RE: Mary Leger Eugene Sam, Jr. dba Tillman's Bar-B-Q 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 Manager There being no further business, the meeting adjourned at 3:23 p.m. David W. Moore, Mayor Barbara Liming, City Jerk Minutes;May 25,1999;Page 11