HomeMy WebLinkAboutMIN DEC 21 1999 M I N U T E S - CITY OF BEAUMONT
Lulu L. Smith DAVID W. MOORE, MAYOR Andrew P. Cokinos
Guy N. Goodson CITY COUNCIL MEETING Becky Ames
Bobbie J. Patterson December 21, 1999 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 21, 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 - Presentation from Entergy
* Public Comment: Persons may speak on scheduled agenda items
* Consent Agenda
Mayor Moore called the meeting to order at 1:35 p.m. Mr. Keith Collier, Youth Minister at Liberty
Baptist Church in Bridge City and a Lamar University student, gave the invocation. Councilmember
Audwin Samuel led the pledge of allegiance.
Present at the meeting were: Mayor Moore, Councilmembers Smith, Cokinos, Ames, and Samuel.
Councilmembers Goodson and Patterson were not present. Also present were: Stephen J.
Bonczek, City Manager; Lane Nichols, City Attorney; and Barbara Liming, City Clerk.
*Presentations and Recognitions - No proclamations were issued.
After acknowledging Entergy's pleasure in participating in the summer youth employment program
this past year, Mr. Greg Shepherd, 7880 Stone Circle, a representative of Entergy, presented a
check in the amount of$10,000 from Entergy to the City of Beaumont to be used for the program
next summer. Mr. Shepherd said he hopes their early involvement will encourage other companies
and businesses to consider participating in this worthwhile project.
*Public Comment: Persons may speak on scheduled agenda items.
Citizen comment was invited on the Consent Agenda and Regular Agenda items.
Mr. Allen Lee, 5095 Maddox, with the assistance of an unidentified male citizen presented a
subpoena to Councilmember Becky Ames to appear in court on December 22, 1999. Mr. Lee
addressed Council to comment about items placed on the Consent Agenda without sufficient
information, his intent to file a complaint in court, the City's travel policy, and said the public
perceives a cloud of corruption upon City Council.
* Consent Agenda
* Approval of the minutes of the regular meeting held December 14, 1999.
* Confirmation of committee appointments - No appointments made
A) Approve the purchase of twenty-five pursuit vehicles for use in the Police Department
(Through the Houston-Galveston Area Council, in the amount of$496,289.58)- Resolution
99-375
B) Approve the purchase of one track dozer for use in the Clean Community Department (from
Mustang Tractor & Equipment in the amount of$275,191) - Resolution 99-376
C) Approve the purchase of one diesel powered cab and chassis equipped with a forty-five
cubic yard trailer for use in the Clean Community Department (2000 International cab and
chassis from Olympic International Trucks in the amount of$68,019.66; and one forty-five
(45) cubic yard trailer from UTEC in the amount of $33,260) - Resolution 99-377
D) Approve the purchase of two utility vehicles for use in the Public Works Department, Water
Utilities Division (from Eastex Farm and Home of Beaumont, in the amount of$15,470.48) -
Resolution 99-378
E) Authorize the acceptance of a water line easement (from Beauport Partners, ten foot wide
water line easement, out of the F. Bigner Survey, Abstract 1, 4630 Collier Road)- Resolution
99-379
F) Approve a change order relating to the Sanitary Sewer Rehabilitation of Small Diameter
Mains - Contract 1 and authorize final payment (change order in the amount of$2,000, final
payment to Brystar in the amount of$6,280.90) - Resolution 99-380
G) Approve the sale of City owned surplus properties (Part of Lot 8, and the east portion of Lots
9, 10, 11, 12 and 13, Block 1, Calder Highlands Addition (.75 acre), to Darlene Hanna of
Winnie, for the sum of$20,000 - Resolution 99-381; West Portion of Lots 9, 10, 11, 12 and
13, Block 1, Calder Highlands Addition (.50 acre) to Shirley Reese, for the sum of$13,100 -
Resolution 99-382; Part of Lot 1, Frazier Place Addition (.20 acre) to William H. Hale, for
the sum of$4,125 - Resolution 99-383 ; and Part of Lot 21, Frazier Place Addition (.021
acre) to J. Warren Fontenot of Beaumont for the sum of$3,755) - Resolution 99-384
Councilmember Smith moved to approve the Consent Agenda. Councilmember Samuel seconded
the motion. MOTION PASSED.
Ayes: Mayor Moore, Councilmembers Smith, Cokinos, Ames, and Samuel
Noes: None
In response to Mayor Moore's query regarding posting of the Consent Agenda, City Attorney Lane
Nichols stated that the entire agenda, under the Open Meetings Act, is required to be posted in a
public place. Mr. Nichols stated that the agenda is posted inside City Hall on the bulletin board, and
on the outside bulletin board attached to City Hall, which makes it available for viewing 24 hours
a day. Mr. Nichols said the law requires posting of items to be considered, not every piece of
backup information. He said a complete copy of the agenda is available in the City Clerk's office,
copies are available for the media, and Council receives a copy.
Minutes;December 21, 1999;Page 2
GENERAL BUSINESS
1. Consider authorizing the City Manager to execute an agreement with the Texas Department
of Transportation (TXDOT) for construction of frontage roads on IH-10 from Walden Road
to FM 364 (Major Drive)
Councilmember Smith moved to approve Resolution No. 99-385 authorizing the City
Manager to execute an agreement with TXDOT for construction of frontage roads on IH-10
between Walden Road and FM 364 (Major Drive). Councilmember Cokinos seconded the
motion. MOTION PASSED.
Ayes: Mayor Moore, Councilmembers Smith, Goodson, Cokinos, Ames, and
Samuel
Noes: None
2. Consider approving an amendment to Section 21-75 of the Code of Ordinances relating to
authorized positions in the Police Department
Councilmember Ames moved to approve Ordinance No. 99-98 ENTITLED AN ORDNANCE
AMENDING ORDINANCE 9945 TO AMEND THE GRADE I AND GRADE II POSITIONS IN THE BEAUMONT
POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL.
Councilmember Smith seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Councilmembers Smith, Cokinos, Ames, and Samuel
Noes: None
3. Consider authorizing a partial historical tax exemption for 232-260 Crockett Street, 373-375
Pearl Street
Councilmember Cokinos moved to approve Resolution No. 99-386 Authorizing a partial tax
exemption for 232-260 Crockett Street and 373-375 Pearl Street. Councilmember Ames
seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Councilmembers Smith, Cokinos, Ames, and Samuel
Noes: None
4. Consider a resolution authorizing Councilman Audwin Samuel to represent persons charged
with a crime by the Beaumont Police Department
Councilmember Cokinos moved to approve Resolution No. 99-387 authorizing
Councilmember Audwin Samuel to represent persons charged with a crime by the Beaumont
Police Department. Councilmember Ames seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Councilmembers Smith, Cokinos, and Ames
Noes: None
Abstention: Councilmember Samuel
Minutes;December 21, 1999;Page 3
5. Consider an ordinance amending Chapter 20, Article II. Civic Center Complex, of the Code
of Ordinances.
Councilmember moved to approve Ordinance No. 99-99 ENTITLED AN ORDINANCE
AMENDING CHAPTER 20, ARTICLE II, SECTIONS 20-20, 20-21, 20-22, 20-26, 20-28 AND 20-33.
PROVIDING FOR CHANGES TO THE DEFINITIONS; PROVIDING FOR THE INCREASE IN RENTAL
RATES; PROVIDING FOR TECHNICAL CLARIFICATIONS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR REPEAL; AND PROVIDING A PENALTY Councilmember Samuel moved to
approve the ordinance. Councilmember Smith seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Councilmembers Smith, Cokinos, Ames, and Samuel
Noes: None
6. Consider a resolution adopting a write-off policy for delinquent accounts
Councilmember Cokinos moved to approve Resolution No. 99-388 adopting a write-off
policy for delinquent accounts as presented. Councilmember Samuel seconded the motion.
MOTION PASSED.
Ayes: Mayor Moore, Councilmembers Smith, Cokinos, Ames, and Samuel
Noes: None
COMMENTS
* Councilmembers comment on various subjects
Councilmember Smith extended holiday greetings to everyone.
Councilmember Cokinos recommended possible changes he would like to see made to the SOB
(Sexually Oriented Business) ordinance, spoke of being distressed about the District Attorney
supposedly contacting Councilmembers regarding weaknesses in the city's current sexually
oriented business ordinance, commented about allegations that the ordinance was drafted by an
attorney in Houston with ties to sexually oriented businesses in Beaumont, and asked the City
Attorney to explain steps being taken to address this issue.
Mr. Nichols listed provisions of a rough draft of an amended SOB ordinance received from the Legal
Advisor for the Police Department, and commented that the statement regarding an attorney from
Houston drawing up the original ordinance is incorrect. Mr. Nichols stated that he drafted the
ordinance and made the changes that were recommended by Council. He said the County's
ordinance will not be used as a model because in many ways it is inferior to the City's ordinance.
Mr. Nichols spoke regarding problems at Peepers (an adult book store), stated that he believes that
the ordinance was tainted by the activities of Councilmember Davis, said this should be looked at
seriously as it deals with constitutional rights, and stated that a revised ordinance will be presented
to Council for consideration in January.
Minutes;December 21,1999;Page 4
Councilmember Ames stated that she was under the impression that the SOB ordinance would be
reviewed early next year, as stated by the City Attorney, said she was not contacted by the District
Attorney, agreed that this issue needs to be addressed, and wished everyone happy holidays.
Councilmember Samuel stated that the gift has already been given, and wished everyone Merry
Christmas and a prosperous New Year.
Councilmember Smith added that the District Attorney has never contacted her.
Councilmember Samuel told Council that he has had communication with the District Attorney prior
to his appointment as a Councilmember.
* City Manager's Report
The City Manager reported on the status of EMS initiatives and participation of private providers,
across the board budget cuts, Transit System allocations, stated that Central Services Director
Kirby Richards is investigating ways to improve energy control and operations in city buildings,
delay of the joint Council/Planning Commission meeting to discuss the Major/Gladys/Dowlen sign
overlay district and announced a tentative meeting scheduled for January 5, 2000 at 3:00 p.m. with
the sign companies and the development community, and a joint meeting scheduled with Council
on January 19, 2000. The City Manager also reported that the Salvation Army has requested an
additional $48,000 to finish two transitional family facilities, and stated that this information will be
brought back to Council for approval, and wished everyone a happy holiday season.
* Public Comment (Persons are limited to 3 minutes)
Mr. Don Labiche, a representative for the Salvation Army, addressed Council to outline the work
that has been done on the transitional family facilities, spoke of code requirements mandating
extreme rehabilitation of the structures, told how families are now being housed, and thanked
Council for their assistance.
Mayor Moore thanked everyone for a very successful year, stated his respect for Council because
of their loyalty and the confidentiality of items that must be addressed, and commented on the
Council's challenge being to take care of the City's business. Mayor Moore stated that the Council
will readdress the SOB ordinance during the first part of the new year, spoke of a lengthy
conversation with the police chief regarding a first draft, thanked Entergy for thinking about the
future and the youth of the City, spoke of other initiatives being addressed regarding the youth and
bringing neighborhood organizations together, and spoke of being proud of what has been
accomplished over this past year.
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Police Sick Leave Arbitration
Allen Lee et al v. City of Beaumont et al
Minutes;December 21, 1999;Page 5
There being no other business, the meeting adjourned at 2:16 p.m.
David Moore, Mayor
l
Barbara Liming, City Cler
Minutes; December 21,1999;Page 6