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HomeMy WebLinkAboutMIN AUG 21 2001 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 August 21, 2001 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 21, 2001, 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 Jeff Sandusky, Westgate Memorial Baptist Church, gave the invocation. Mayor Moore led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson (arrived at 1:46 p.m.). Also present were Stephen J. Bonczek, City Manager; Lane Nichols, City Attorney; and Barbara Liming, City Clerk. Presentations and Recognitions - No proclamations were issued. Public Comment: Persons may speak on scheduled agenda items. No one wished to address these subjects. Consent Agenda Approval of minutes - August 14, 2001 Confirmation of committee appointments - No committee appointments A) Authorize a release of lien against property described as West'/z Lot 4 and East Y2 Lot 5, Block 16, Van Wormer Addition (requested by Diocese of Beaumont for a playground at Saint Anthony Cathedral's Early Childhood Development Center) - Resolution No. 01-190 B) Amend Resolution 01-175 to clarify that as to the property described in that resolution the city only needs to acquire a 20' temporary construction easement and not fee title - Resolution No. 01-191 C) Approve a bid (with Mid South Press in the amount of $43,969) for the printing of the Beaumont Visitor's Guide for distribution by the Convention and Tourism Bureau - Resolution No. 01-192 D) Approve a lease agreement with Enron Broadband Services, Inc. (for an initial application fee of $500 and an annual fee of $1.35 per linear foot) for the placement of fiber optic cable in the public right-of-way - Resolution No. 01-193 E) Accept maintenance of the water and sanitary sewer improvements in Bell Pointe (Lots 1 and 2) - Resolution No. 01-194 F) Authorize the City Manager to execute a deed conveying two lots in the Home to Bowenville Addition ( Lots 1 and 2, Block 10, 3655 Nathan Street ) to Habitat for Humanity for the construction of homes for the Neighborhood Revitalization Project - Resolution No. 01-195 G) Authorize the settlement (in the amount of$18,791) of the lawsuit styled State of Texas vs. Joe F. Ball, et al - Resolution No. 01-196 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, and Samuel Noes: None GENERAL BUSINESS 1. Consider a request for an historic preservation loan for property located at 2235 Hazel Councilmember Smith moved to approve Resolution No. 01-197 authorizing an historic preservation loan for property at 2235 Hazel in the Oaks Historic District in the amount of $16,000 to William and Patsy Buehrle. Mayor Pro Tern Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, and Samuel Noes: None 2. Consider authorizing the City Attorney to authorize attorney's representing the group of cities involved in the Entergy Gulf States"unbundling'case to intervene in all PUC dockets dealing with rate design, delay of competition and other associated dockets dealing with Rates or Deregulation Councilmember Cokinos questioned reimbursement of fees and expenses resulting from intervention, and City Attorney Lane Nichols answered that as provided in the agreement with Entergy Gulf States, bills will be submitted to the PUC and Entergy pays them. Councilmember Smith moved to approve Resolution No. 01-198 authorizing the City Attorney to empower attorney's representing the group of cities involved in the Entergy Gulf States "unbundling" case to intervene in all PUC dockets dealing with rate design, Minutes August 21,2001 Page 2 delay of competition and any matter associated with such dockets. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, and Samuel Noes: None 3. Consider amending Section 16-14 of the Code of Ordinances related to loan time limits and late fees for various library service items Councilmember Cokinos moved to approve Ordinance No. 01-060 ENTITLED AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES TO AMEND SECTION 16-14 CONCERNING THE LOAN PERIOD; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, and Samuel Noes: None COMMENTS Councilmembers comment on various matters Mayor Pro Tern Goodson mentioned recent difficulty with lack of a quorum because of schedules or members having to recuse themselves because of conflicts of interest in Planning and Zoning meetings hindering votes. He suggested scheduling a meeting between Planning and Zoning members and Legal Department staff to consider naming qualified alternates. They would be available during either of the stated circumstances to cast a legal vote to accomplish the work of the commission. (Councilmember Patterson arrived at 1:46 p.m. during Councilmember Samuel's comments.) Councilmember Samuel expressed a deepening concern about the number of complaints received regarding abatement of weeds on unoccupied lots, and said it is becoming a travesty in north Beaumont, especially on Magnolia Street. He requested that staff check lots in the 1400, 2100, 2200, 2500, 2700, and 3400 blocks of Magnolia and the lot at 2620 Magnolia for high weeds. He also reported that the lot with an unoccupied house on Helbig Road north of the drainage ditch has weeds approximately three feet high that creates a dangerous situation,and said the area between the library and Plymouth Village is grown over with weeds and needs attention. Councilmember Samuel questioned why the problem with overgrown weeds is so prevalent and asked if staff has a recommendation with which to deal with the problem. The City Manager interjected that consideration has been given to compiling a list of private contractors that could be on call to supplement the work load for City crews during peak growing periods. Councilmember Samuel spoke of the frustration to taxpayers of unkempt neighborhoods, having to make repeated calls to the City about overgrowth, and questioned a method of identification and if notification is necessary for repeat offenders. The City Attorney explained that before Minutes August 21,2001 Page 3 a lien can be attached to property, notification must be given each time to allow opportunity to abate the nuisance. Executive Assistant to the City Manager Kyle Hayes explained the three types of lots in the abatement program, detailed the process, and stated there are four employees that cut grass and two inspectors to address all complaints. (Councilmember Patterson arrived.) Councilmember Samuel requested a survey of cities in handling overgrown grass problems, reemphasized his concern for resolution of the neglect of property that creates an unsightly atmosphere that breeds rodents and other unhealthy conditions, and addressed the definition of unimproved property as natural growth. Mr. Nichols volunteered to research mowing distance requirements for unimproved, natural growth and advised Council that a home rule city has authority to abate any public nuisance abatement without notice through the Public Health Director. Councilmember Samuel requested a prepared definition of health nuisances or hazards relating to unimproved property that might provide another means to address perpetual violations of overgrown lots. He reported that on Lucas Drive, east of the railroad tracks near the recent improvements, there is a deep hole in a 2 x 4 foot patch that has caused vehicle damage. He announced a Ward III neighborhood meeting will be held Thursday at 6:30 p.m. at the Willard Library to address street rehabilitation program and other concerns. Councilmember Patterson reported a pothole on Virginia near Beale Street that needs repair and announced a meeting will be held on August 23 at South Park Baptist Church to address the proposed FY 2002 budget and the 23rd Street and Virginia Street projects. Mayor Moore congratulated Lamar University and Dr. Simmons on the opening of the new campus apartments and the Beaumont Independent School District for receiving the honor of being one of the top boards in Texas. City Manager Report - Department of Justice Community Relations Forum, Adjustments to Curbside Recycling, Member Benefit Improvements-Five Year Vesting, Neighborhood Budget Meetings and Finance Officer Recruitment City Manager Bonczek reported that the Texas Municipal Retirement System has approved implementation of five-year vesting for municipal employees, and said that should encourage recruitment competitiveness with industry for qualified personnel. Unless otherwise directed by Council, the City will not opt out of the program. Mr. Bonczek stated that Lawson's Pump Station located on the Neches River about 2.3 miles upstream from the water production plant is a vital part of our water delivery system, and during Tropical Storm Allison the banks of the river eroded and damaged the access road creating a dangerous ingress situation. FEMA assessed the damage and determined eligibility of emergency funding, and the estimated restoration cost is about $2.1 million. Plans and specifications are being prepared for opening on Friday,August 24, and will be presented to Council next Tuesday, August 28. Public Works Director Tom Warner stated that the City anticipates full reimbursement of the expense from FEMA. Public Comment (Persons are limited to three (3) minutes). Minutes August 21,2001 Page 4 Ms. Marigene McLaughlin, 520 Janette, thanked Council, all City personnel, and media that participated in promoting the Big Brother and Big Sister event. She complimented the blues musical program, listed the performers, and stated they need volunteers, mentors and funding. Pastor Johnson of the House of Prayer, 3395 Taliferro,addressed Council in appreciation for them listening to people and continuing bus service until 9:00 p.m., verified his Ward Council representative, and reported an incident of a lady being mugged yesterday in the area of Pine and Gill Street while taking her children to school. Pastor Johnson requested additional lighting from the corner of Pine and Gill toward the cemetery at night, and questioned the status of bus service schedules. Mrs. Pat Buehrle, owner of the property at 2235 Hazel, thanked Council for approval of the historic preservation loan. She added appreciation to Planning Division Manager Steve Richardson for his direction and assistance with the required paperwork. There being no further business, the meeting adjourned at 2:04 p.m. David W. Moore, Mayor Bar ara Liming, City Clerk Minutes August 21,2001 Page 5