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HomeMy WebLinkAboutMIN JUL 23 2002 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith, Mayor Pro Tern EVELYN M. LORD, MAYOR Guy N. Goodson Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J. Patterson July 23, 2002 Audwin Samuel Lane Nichols, City Attorney Stephen J. Bonczek, City Manager Lolita Ramos, Interim City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on July 23,2002, 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 Evelyn Lord called the meeting to order at 1:31 p.m. The Reverend Dr.James Fuller, Pastor of Calder Baptist Church,gave the invocation. City Manager Stephen J. Bonczek led the pledge of allegiance. Present at the meeting were: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, and Samuel. (Councilmembers Ames and Patterson arrived at 1:50 p.m.)Also, present were Stephen J. Bonczek, City Manager; Lane Nichols, City Attorney; Lolita Ramos, Interim City Clerk; and Terri Hanks, City Clerk Administrative Assistant. Presentations and Recognitions - No presentations or recognitions were made. Public Comment: Persons may speak on scheduled agenda items 2 - 9 Mr. Jude Paredez, 10620 Gage Road, addressed Council in support of photographic red light enforcement and suggested using signage to inform the public of the presence of cameras. Mayor Lord informed Mr. Paredez the item is a resolution encouraging State Legislation to enact the law. Mr. Allen Lee, 5095 Mattox, addressed Council in support of the resolution for improvements to McLean and Roberts Parks. Mr. Lee spoke in opposition of removing of basketball goals at McLean Park, and suggested focusing emphasis on youth recreation activities and patrolling parks. Mr. Herman Haynes,4280 Beck Drive,addressed Council requesting consideration in approving the ordinance removing the structure at 3280 Christopher from demolition. Consent Agenda Approval of minutes - Minutes of July 9, 2002. Confirmation of committee appointments-Appointments: Randy Reese,Vice-Chairman of the Airport Advisory Committee,for a term expiring July 22,2003;and Bob Harris,Chairman and Mary Jowers, Vice-Chairman, Board of Adjustment (Zoning) Committee, for terms expiring July 22,2003. Reappointments:Scott Parker,Airport Advisory Committee,fora term expiring July 22,2004 and as Chairman of the Airport Advisory Committee,fora term expiring July 22,2003;Bob Harris,Board of Adjustment(Zoning)Committee,for a term expiring July 22,2004;Mary Jowers,Board of Adjustment(Zoning)Committee,fora term expiring July 22, 2004;Dora Nisby,Chairman of the Library Commission,for a term expiring July 22,2003;Bill Faucett,Vice-Chairman of the Library Commission,fora term expiring July 22,2003; Laurie Leister, Chairman of the Planning Commission, for a term expiring July 22, 2003; Greg Dykemann, Vice Chairman of the Planning Commission, for a term expiring July 22, 2003; and Carl Briggs, Senior Citizen Advisory Committee, for a term expiring July 22, 2004 - Resolution No. 02-155 A) Approve a resolution support state legislation to allow Photographic Red Light Enforcement in Texas (during the 78th Texas Legislative Session) - Resolution No. 02-156 B) Authorize the acceptance of a waterline easement(located at Ozen High School Campus out of J.W. Bullock Survey, Abstract 7 from Beaumont Independent School District) providing access for fire prevention services - Resolution No. 02-157 C) Authorize the City Manager to settle liens (in the amount of $50 each) against two lots identified as Woodlands Unit 5, L2 Block 6 and L3 Block 6 - Resolution No. 02-158 D) Authorize the City Managerto execute a contract with the Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds ($313,023 in grant assistance) - Resolution No. 02-159 Council member Goodson moved to approve the Consent Agenda. CouncilmemberCokinos seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, and Samuel Nays: None GENERAL BUSINESS 1. Consider a request for an amended specific use permit to allow the expansion of the administrative offices for a home health care agency in an RCR (Residential Conservation and Revitalization) District at 2325 Liberty Mayor Pro Tern Smith moved to approve an Ordinance No.02-051 ENTITLEDAN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF THE ADMINISTRATIVE OFFICES FOR A HOME HEALTH CARE AGENCY IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT AT 2325 LIBERTY, BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, and Samuel Nays: None Minutes -July 23,2002 Page 2 2. Consider a request to abandon the 50' x 50' portion of Genoa Street located west of Elba Street Councilmember Cokinos moved to approve Ordinance No.02-052 ENTITLED AN ORDINANCE ABANDONING THE 50' X 50' PORTION OF GENOA STREET LOCATED WEST OF ELBA STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tem Smith seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tem Smith, Councilmembers Goodson, Cokinos, and Samuel Nays: None 3. Consider a request to abandon the 20' x 50' alley between Lot 1 and Lot 12, Block 5, G. Cuchia Addition, located west of Elba Street Councilmember Cokinos moved to approve Ordinance No.02-053 ENTITLED AN ORDINANCE ABANDONING THE 20'X 50'ALLEY BETWEEN LOTS 1 AND 12,BLOCK 5,G.CUCHIAADDITION,LOCATED WEST OF ELBA STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tem Smith, Councilmembers Goodson, Cokinos, and Samuel Nays: None 4. Consider approving a historical preservation loan for property located at 2394 Calder Councilmember Cokinos moved to approve Resolution No. 02-160 authorizing a historic preservation loan in the amount of $31,879 to Dr. Jerry Johnson. Mayor Pro Tem Smith seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tem Smith, Councilmembers Goodson, Cokinos, and Samuel Nays: None 5. Consider an ordinance authorizing the issuance of $30 million City of Beaumont, Texas, Waterworks and Sewer System Adjustable Rate Revenue Bonds, Series 2002 Forthe record,Councilmember Goodson requested RBC Dain Rauscher Managing Director Frank I Idebrando to explain the adjustable rate as opposed to the fixed rate and comment on anticipated rates. (Councilmembers Ames and Patterson arrived in the Council Chambers at 1:50 p.m.during Mr. Frank Ildebrando's discussion.) Mr. Frank Ildebrando recommended the usage of the variable rate debt primarily because of the conditions of the bond market,and since shortterm rates are extremely low as compared to long term rates. As the City's Financial Advisor, it was in his opinion the best time to Minutes -July 23,2002 Page 3 consider variable rate debt. Mr. Ildebrando stated generally under normal market conditions, there is a 1.5%difference between short term and long term rates, however,there has been a dramatic shift in short term rates over the past eighteen months. He is hoping to lock in a lower interest rate fora period of three orfour years. Mr. Ildebrando expects rates to be in the 3%to 4% range,which is approximately 1%to 1.25% lower, and it relates to a cost savings of approximately $300,000 per year. Mr. Ildebrando explained his firm will act as a placement agent for the bond transaction and a liquidity bank will back the bonds if they were to be remarketed. He specified the bottom line would be a reduction in interest and issuance costs. For final consideration, Mr. Ildebrando will propose to Council the adjustable rate debt interest rates on August 27. Councilmember Goodson moved to approve Ordinance No.02-054 ENTITLEDAN ORDINANCE AUTHORIZING ISSUANCE OF THE CITY OF BEAUMONT,TEXAS,WATERWORKS AND SEWER SYSTEM ADJUSTABLE RATE REVENUE BONDS, SERIES 2002; PRESCRIBING THE TERMS AND CONDITIONS THEREOF;PROVIDING FORTHE PAYMENTTHEREOF;MAKING OTHER PROVISIONS REGARDING SUCH BONDS AND MATTERS INCIDENT THERETO; AWARDING THE SALE OF THE BONDS; AUTHORIZING EXECUTION AND DELIVERY OF A PAYING AGENT/REGISTRAR AGREEMENT,A LIQUIDITY AGREEMENT, A PLACEMENT AGREEMENT AND REMARKETING AGREEMENT.Mayor Pro Tern Smith seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel, and Patterson Nays: None 6. Consider approving a contractforthe Wastewater Treatment Plant Electrical Improvements Phase I Councilmember Cokinos moved to approve Resolution No. 02-161 authorizing a contract with Boyer, Inc. in the amount of$1,982,981. Council member Ames seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel, and Patterson Nays: None 7. Consider approval of a financing agreement for the purchase of fleet and heavy equipment Councilmember Goodson verified the equipment costs would be individually charged to the departments purchasing the equipment and are this budget years anticipated replacement expenditures. Mayor Pro Tern Smith moved to approve Resolution No.02-162 authorizing a five(5)year financing agreementwith a fixed interest rate of 3.45%to Bank of America Leasing&Capital Group. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel, and Patterson Nays: None Minutes -July 23,2002 Page 4 8. Consider approving a contract for improvements to McLean and Roberts Park Mayor Pro Tem Smith moved to approve Resolution No.02-163 authorizing a contract with Little Tykes Commercial Play Systems, Inc. c/o All Play, Inc. in the amount of$327,278. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tem Smith, Councilmembers Goodson, Cokinos, Ames, Samuel, and Patterson Nays: None 9. Consider an ordinance amending Ordinance No. 02-011 relating to the structure located at 3280 Christopher Council established if the owner does not enter into a work program in five days,the structure would be reverted to the original demolition order. However,if substantial repairs have been made, but not completed,the ownerwould be required to request approval from Council for additional time. Councilmember Samuel moved to approve Ordinance No.02-055 ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 02-011 TO REMOVE THE STRUCTURE LOCATED AT 3280 CHRISTOPHER FROM SECTION 4 OF ORDINANCE NO.02-011 AND ORDERING THE NEW OWNER OF THE STRUCTURE AT 3280 CHRISTOPHER TO ENTER INTO A WORK PROGRAM TO REHABILITATE SAID STRUCTURE; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR A PENALTY. Mayor Pro Tem Smith seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tem Smith, Councilmembers Goodson, Cokinos, Ames, Samuel, and Patterson Nays: None WORK SESSION FY 2003 Budget City Manager Bonczek reported meeting with Department Directors to identify potential reductions in services and costs, and generating new revenues. He discussed making a formal presentation July 30,2002,which will include an accurate projection of revenues and expenditures,and ideas to balance the budget. According to City Charter the City Manager must present Council with a balanced budget by approximately August 15. COMMENTS Councilmembers comment on various matters Councilmember Patterson announced the South Park Neighborhood Association will meet at the South Park Baptist Church,6:30 p.m.,Thursday,July 25,2002. She extended invitations to attend the L.L. Melton Y.M.C.A. groundbreaking ceremony for the gymnasium, fitness center, and renovations to the existing facility, 11:30 a.m., Friday, July 26, 2002. Minutes -July 23,2002 Page 5 Councilmember Samuel commended the Charlton-Pollard Alumni Association for organizing a wonderful reunion. He readdressed concerns for code enforcement of weed abatement and expressed displeasure with the weed abatement program. Councilmember Goodson stated concerns with the Police Department's radio system yearly maintenance expense of$69,000 and requested a report regarding the type of maintenance and warranty agreement. He proposed including the$400,000 payment to the Navigation District forthe deepening and widening study in the 2003 budget for anticipated payment in 2004. Councilmember Goodson disclosed the payment would be similar to a mortgage or debt,and the payment should be amortized and addressed. He proposed following otherentities in examining the effects of hiring and wage freezes due to budget shortfalls, and requested reviewing bidding procedures. Councilmember Goodson explained the primary focus of the City of Richardson's request for legislative support in implementation of photographic red light enforcement is cities cannot impose civil penalties as opposed to criminal penalties. He addressed legislative concerns with adequate notice to the driving public of the photographic red light enforcement. Mayor Lord discussed the various methods used by cities in managing red light enforcement and the expense delaying any immediate purchase. She addressed the primary benefit of discouraging red light traffic offenders is not the collection of fines,but in preventing accidents and deaths. Mayor Lord regrettably reported public transportation was not available for disabled citizens to attend the July 4th celebration and requested special transportation arrangements be provided in the future. She related the Charlton-Pollard reunion as being very electric with over 700 in attendance and commented on Councilmember Patterson's participation as the panther mascot. City Manager's Report- EMS Standby Fees, Appraised Value Update, Sales Tax Update, On Line Auction,Web Page Update, Citizens Police Academy, Health Benefits Consultant Assistance, Track Meet Update, Strategic Action Plan City Manager Bonczek discussed the proposed EMS standby fees and the ability to make the decision based upon capabilitywhile not compromising public safety to standby at any special event. Mr. Bonczek reported preliminary tax appraisals being down .77% and sales tax was up .4% over last fiscal year. The City Manager announced the Citizen Police Academy will begin August 29, 2002,the health benefits consultant has realized a savings of$64,000,and submittal of the strategic action plan. Mr. Bonczek displayed a plague received from the Brazilian Police Officers fortraining assistance received from the Beaumont Police Department. Mayor Pro Tern Smith addressed neighborhood parks and explained the reasons for removing the basketball goals at McLean Park. She reported the neighborhood did not appreciate people in the park at late hours, loud music,and boisterous behavior. Mayor Pro Tern Smith questioned the L.L. Melton YMCA groundbreaking ceremony and was instructed by Councilmember Patterson to speak with Mr. Brian Cormier and Mr. William Lee. Councilmember Samuel related to discussion of McLean Park and described his difference in philosophy toward neighborhood parks. He referred to some neighborhoods without parks, no park being specified for only a particular neighborhood, and all parks are open for the benefit of all citizens. Councilmember Samuel stated parks are not designed to cause disturbances,expressed opposition to the removal of the goals as a solution,and specified adherence to laws and ordinances. Minutes -July 23,2002 Page 6 Mayor Lord suggested a neighborhood park work session for further discussion and announced Beaumont Police Officer David Henry will conduct a presentation of the Police Activities League at the next South Park Neighborhood Association meeting. Public Comment ( Persons are limited to three (3) minutes ) Mr.Allen Lee, 5095 Mattox,addressed Council to propose the relocation of the Salvation Army Boy's and Girl's Club from Pennsylvania Street to the L.L. Melton Y.M.C.A. location. Mr. Lee stated concerns with the YMCA's management, boards, and finances. Mr. Benny Mendoza, 5655 South Kenneth, addressed Council to announce receipt of a letterfrom President George W. Bush recognizing him for his support in the community. Mr. Leroy Lewis, (no address given),addressed Council to discuss concerns with basketball goals, neighborhood parks,and trains detaining traffic. Mr. Lewis extended appreciation forthe rice dryer demolition and support of the YMCA and the homeless. Mr. Frank Kiefer, 3190 Willowood, addressed Council to also consider photographic enforcement for traffic signs. Mr. Kiefer commended Council and expressed appreciation to Councilmember Cokinos for his dedication in serving the City. Mr. Jude Paredez, 10620 Gage, addressed Council to discuss contamination of carcinogenic chemicals detracting from the value of property, and proposed filing a class action lawsuit against multinational corporations and refineries to recover damages to the environment. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551,071 of the Government Code: Deborah Edwards v. City of Beaumont, et al Beaumont Firefighters' Local 399 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 and City Clerk There being no further business, the meeting adjourned at 2:38 p.m. Evelyn M. L rd, Mayor Lolita amos, Interim ity Clerk Minutes -July 23,2002 Page 7