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HomeMy WebLinkAboutMIN OCT 16 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 October 16,2001 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 October 16, 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 1:37 p.m. YMBL Executive Director Chris Colletti gave the invocation. Mayor Moore led the pledge of allegiance. Present at the meeting were: Mayor Moore, Councilmembers Smith, Cokinos, Ames (arrived at 1:40), Samuel, and Patterson. (Mayor Pro Tern Goodson was absent). Also present were Stephen J. Bonczek, City Manager; Lane Nichols, City Attorney; and Barbara Liming, City Clerk. Presentations and Recognitions One proclamation was issued: "YMBL State Fair Days," October 18-28, 2001 Community Services Director Maurine Gray serving as area chairman of the Olympic Torch Relay for the 2002 Olympic Winter Games in Salt Lake City, Utah announced that the Olympic Torch Relay will be in Beaumont on Monday, December 10 on its tourthrough 46 states. Coca-Cola Bottling Company and Chevrolet Corporation are co-sponsors for the relay and have named Mr. Bevil Henry, a retired school teacher of 57 years, Ms. Toy R. Stech, a promising athlete and surviving victim of an accident caused by a drunk driver leaving her with disabilities to overcome, and businessmen Mr. Skylar Thompson of Market Basket Stores, and Mr. David Barrows of the Young Men's Business League, as Olympic torch bearers from our area. Coca-Cola Sales Center Manager Butch Taylor voiced his company's excitement and role in sharing the magic of the Salt Lake City 2002 Olympic Torch Relay and announced that "Inspiration" is the theme of the event and said it is very fitting at this time in our history. Mr. Taylor explained that the Torch Relay is a means of recognizing those who have done something special and inspiring and said the Relay has a history of unifying Americans as it passes from town to town and state to state. As it passes through Beaumont, Mr. Taylor said opportunity will be given for Southeast Texas residents to showtheir patriotism and support, as Coca Cola Bottling Company has done for over 70 years. Chevrolet Corporation Market Area Manager Randy Parker acknowledged the importance of these inspiring individuals who will carry the Olympic flame, and the celebration of the spirit that inspires the desire within all of us to face challenges and overcome obstacles in our lives. Also, today represents a time to celebrate the Olympic games and the hopes and dreams of the teams who by their own example show us the endless possibilities achievable through determination, desire and commitment. Mayor Moore congratulated the named Torchbearers, reminded them they represent Beaumont, and said he looks forward to the Torch Relay on December 10. Public Comment: Persons may speak on scheduled agenda items - No one wished to speak. Consent Agenda Approval of minutes - October 9, 2001 Confirmation of committee appointments - Appointments: Donna Laird, Beaumont Advisory Commission for Prevention of Child Abuse and Neglect for terms ending October 15, 2003 - Resolution No. 01-236 A) Authorize the acquisition of 18 parcels (Parcel 2, 0.195 acre S. Stivers, Survey, 6808 South Major Drive, $29,650, Keith Brandon Barnett; Parcel 4, 0.073 acre Tract 12-A, SP- 9, S. Stivers Survey, $7,950, K. H. Phelan Land L.P.; Parcel 5, 1.148 acre Tract 25-D, Plat B-19, S. Stivers Survey, $126,250, Mickey Phelan B. Land L.P.; Parcel 6, 3.225 acres Tract 1, Q. R. Beckman and Tract 1, W.R. Hebert, $51,950, K. H. Phelan Land L.P.; Parcel 7, 0.039 acre Tract 25-D, Plat B-19, S. Stivers Survey, $2,750, Mickey Phelan B. Land L.P.; Parcel 8, 0.027 acre Tract 25-D, Plat B-19, S. Stivers Survey, $1,925, K.H. Phelan Land, L.P.; Parcel 9, 1.935 acre Section 1, Tracts 2 thru 12, 16, 25, H.T.&B. RR., $37,075, K. H. Phelan Land L.P.; Parcel 10, 0.130 acre Section 1, Tracts 2 thru 12, 16, 25, H.T.&B. RR., $1,525, K. H. Phelan Land L.P.; Parcel 11, 0.195 acre out of Section 1, Tract 2 thru 12, 16, 25, H.T.&B. RR., $2,100, K.H. Phelan Land L.P.; Parcel 14, 0.369 acre Section 1, Tracts 2 thru 12, 16, 25, H.T.&B. RR., $3,950, Mickey Phelan B Land L.P.; Parcel 15, 0.077 acre Section 1,Tracts 2 thru 12, 16, 25, H.T.&B. RR., $800, K. H. Phelan Land L.P.; Parcel 16, 0.300 acre Tract 8, H.T.&B. RR., $4,125, Mary Jane Phelan; Parcel 17, 1.017 acres Section 1, Tract 2 thru 12, 16, 25, H.T.&B. RR., $34,225, Mickey Phelan B Land L.P.; Parcel 18, 0.328 acre Tract 22, H.T.&B. RR. $6,250, Mickey Phelan B Land L.P.; Parcel 19, 0.331 acre Lots 1-4, 8-17, 20, 22-26, 29, 32 Tract 1, Sprotts & Campbell, Lots 1-7, 10-14, 16 Tract 1, W.C. Tyrrell Trust, Plat B-19, Tract 25-C, S. Stivers Survey, $27,750, Mickey Phelan B. Land L.P.; Parcel 21, 1.31 acres Tract 20, SP-8, Plat B-18, C. Williams Survey, $36,010, Mickey Phelan B Land L.P.; Parcel 23, 0.099 acre Lot 1, Block 1, Willow Creek One, 8390 Willow Bend Drive, $16,900, Beaumont Willow Creek, Inc.; Parcel 26, 0.028 acre Tract 20, SP-8, Plat B-18, C. Williams Survey, $300, Mickey Phelan B. Land L.P., total amount $391,485) for the right-of-way for the FM 364/Major Drive Improvement Project - Resolution No. 01-237 Minutes October 16,2001 Page 2 B) Approve the purchase of one excavating and grading machine (through Houston- Galveston Area Council (H-GAC) with Hi-Way Equipment Company for a total cost of $183,014.50) for the Street and Drainage Division - Resolution No. 01-238 C) Approve the purchase of two asphalt patching machines (with Houston-Galveston Area Council for $94,748.37) for the Streets and Drainage Division - Resolution No. 01-239 D) Approve a six-month contract(with Altivia for an estimated expenditure of$73,470)for the purchase of sodium hydroxide for the Water Utilities Division - Resolution No. 01-240 E) Approve the purchase of audio receiver boards and audio transmitters (from Eagleye Technologies, Inc. in the amount of$34,600)for the Beaumont Police Department's trunk mounted video camera surveillance systems - Resolution No. 01-241 F) Authorize the City Manager to execute all documents necessary to accept grant funding (in the amount of $27,488) for the project titled "Safe and Sober S.T.E.P." - Resolution No. 01-242 G) Authorize the settlement of a claim (with Atrue Jackson in the amount of $5,000) - Resolution No. 01-243 H) Accept maintenance of the improvements (Street and Storm Sewer Improvements for Sunflower Lane from existing Sunflower Lane approximately 557 feet north to three OM- 4P end of roadway markers and Deer Chase Drive from proposed Sunflower Lane approximately 366 feet east to three OM-4P end of roadway markers; and Water and Sanitary Sewer Improvements for Lots 1-8, Block 1, Lots 1-6, Block 2, and Lots 1-4, Block 3) in Westchase Village, Section One - Resolution No. 01-244 1) Approve a declaration of intentto reimburse capital expenditures-Resolution No.01-245 Councilmember Smith moved to approve the Consent Agenda. Councilmember Patterson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Cokinos, Ames, Samuel and Patterson Noes: None GENERAL BUSINESS 1. Consider approving a contract to modify the existing Lawson's pump station Councilmember Cokinos moved to approve Resolution No. 01-246 approving a contract with Boyer, Inc. in the amount of$3,652,918 to modify the existing Lawson's pump station. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Cokinos,Ames, Samuel, and Patterson Noes: None Minutes October 16,2001 Page 3 2. Consider amending Section 25-53 of the Code of Ordinances related to the payment of hotel occupancy taxes Councilmember Smith moved to approve Ordinance No.01-079 ENTITLED AN ORDINANCE AMENDING CHAPTER 25, SECTION 25-53 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND THE REPORTING PERIOD CONCERNING HOTEL OCCUPANCY TAX PAYMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Samuel seconded the motion. MOTION PASSED. Ayes: Mayor Moore,Councilmembers Smith, Cokinos,Ames,Samuel,and Patterson Noes: None 3. Consider amendments to the existing Animal Ordinance, Chapter 5, Section 5-4; Section 5-5; and Section 5-8 Councilmember Samuel questioned the definition of animals in the Code of Ordinances and commended efforts of the Animal Health Advisory Committee with the revision. Councilmember Cokinos moved to approve Ordinance No. 01-080 ENTITLED AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES TO AMEND AREA,DISTANCE, AND CREATING REGULATIONS CONCERNING THE KEEPING OF LIVESTOCK IN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore,Councilmembers Smith, Cokinos,Ames,Samuel,and Patterson Noes: None 4. Consider amending Section 21-74 of the Code of Ordinances related to authorized positions in the Fire Department Councilmember Smith moved to approve Ordinance No.01-081 ENTITLED AN ORDINANCE AMENDING CHAPTER 21 TO AMEND THE NUMBER OF POSITIONS IN GRADE I IN THE BEAUMONT FIRE DEPARTMENT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilmember Samuel seconded the motion. MOTION PASSED. Ayes: Mayor Moore,Councilmembers Smith,Ames,Samuel,and Patterson Noes: Councilmember Cokinos 5. Consider authorizing the City Manager to execute an Industrial District Contract with Arch Chemicals, Inc. Councilmember Samuel moved to approve Resolution No. 01-247 authorizing the City Manager to execute an Industrial District Contract with Arch Chemicals, Inc. of which industrial payments are estimated at$11,728,700 in FY 2002. Councilmember Patterson seconded the motion. MOTION PASSED Minutes October 16,2001 Page 4 Ayes: Mayor Moore, Councilmembers Smith, Cokinos,Ames, Samuel,and Patterson Noes: None COMMENTS Councilmembers comment on various matters Councilmember Cokinos expressed surprise at the approval of Agenda Item 4. Councilmember Samuel commented that Agenda Item 4 was discussed during the budget process, spoke of receiving numerous calls concerning cats, the inability to enforce the ordinance on cats, and requested the issue be reviewed by staff and the Animal Health Advisory Committee. Also, he requested a status report of the construction site at Lucas Drive and Helbig Road at the railroad tracks. He advised staff that there are no longer construction warning signs or lights, and said there is a potential for vehicle damage with the existing situation. Councilmember Samuel reported receiving several complaints. Mayor Moore commented that today the community paid final tribute to Mr. William Taft, a great community leader, and said he will be greatly missed by those lives he has touched. He reported that a tornado touched down in South Beaumont this past weekend impacting homes and businesses and requested that the Code Enforcement Division assist in every way possible. Mayor Moore clarified that Agenda Item 4 was discussed at great length in the budget process. He said the level of fire protection is not diminished, and Item 4 deals with personnel staffing changes. He explained that the proposal was made as the only option in a very tight budget to allow a fire station on the south side of Beaumont to remain open. City Manager Report - Navigation District Election, Partnership In Governance 2002, Tourism Impact and Patriotic Celebration City Manager Bonczek spoke of the significance of the Jefferson County Navigation November election to include Port Arthur representation and commented on the work the Navigation District performs in maintaining the Sabine-Neches Waterways and the importance of deepening and widening the channel. Mr. Bonczek stated that information on the Partnership in Governance will be forthcoming, spoke of four months of positive returns on sales tax, reported a directive has been given to staff to closely monitor expenditures, and that hotel occupancy tax receipts were down 6% in September compared to last year. Public Comment (Persons are limited to three (3) minutes). Mr. Benny Mendoza, 5556 South Kenneth, addressed Council to express appreciation to Councilmembers Cokinos and Samuel for their attendance at the College Street Corridor Neighborhood Meeting and for the information received from Councilmember Samuel. Minutes October 16,2001 Page 5 Mr. Sam Parigi (no address given)addressed Council to express appreciation for passage of Item No. 3 and to staff for preparation of the changes to the animal ordinance. Mayor Moore added that earlier this week Highway 90 (College Street) was officially designated as the Old Spanish Trail and spoke of a celebration breakfast with Senator Bernsen and members of the neighborhood. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Negotiations with Beaumont Firefighters; Local 399 There being no further business, the meeting adjourned at 2:23 p.m. David W. Moore, Mayor Barbara Liming, City Clerk Minutes October 16,2001 Page 6