The URL can be used to link to this page

Home My WebLink AboutMIN FEB 10 2004 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith EVELYN M. LORD, MAYOR Nancy Beaulieu Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames, Mayor Pro Tem. Bobbie J. Patterson February 10, 2004 Audwin Samuel Lane Nichols,City Attorney Kyle Hayes,City Manager Rose Ann Jones,City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on February 10, 2004, 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 1-5/Consent Agenda Consent Agenda Mayor Lord called the council meeting to order at 1:30 p.m. City Attorney Lane Nichols gave the invocation. Councilmember Samuel led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Lord, Mayor Pro Tem Ames, Councilmembers Smith, Beaulieu, Cokinos, and Samuel. Absent: Councilmember Patterson. Also present were Kyle Hayes, City Manager; Lane Nichols, City Attorney; and Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions 1. "2-1-1 DAY': Proclamation read by Mayor Lord declaring February 11, 2004 as "2-1-1 DAY', Proclamation accepted by Roxanne Parks, Director of Area Agency on Aging 2. Presentation to Council: Chester Jourdan, Executive Director of SETRPC and Jackie Sollis, Executive Assistant, made a presentation to Council and thanked them for their continued support and use of the Chamber Room for their meetings before their new location at 2210 Eastex Freeway became available. Public Comment: Persons may speak on scheduled General Business Agenda Items 1-5/ Consent Agenda. Allen Lee 5095 Maddox Street Beaumont TX Item 5: Mr. Lee addressed his concerns about the lack of public restrooms in the city parks Minutes-February 10,2004 CONSENT AGENDA Approval of minutes - Minutes of February 3, 2004 Confirmation of committee appointments A) Approve the waiver of penalties and interest on five tax accounts processed by the Jefferson County Tax Assessor-Collector's Office - Resolution 04-035 B) Authorize the City Manager to execute an inter-local agreement with Jefferson County for a I1-1-10 Frontage Road Access Study - Resolution 04-036 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider amending Section 21-75 of the Code of Ordinances related to authorized positions in the Police Department - Ordinance 04-009 Council was requested to take consideration of an amendment to Municipal Ordinance 99- 45, Section 21-75 to increase Grade I positions from 200 to 201 and decrease Grade II positions from 48 to 47. As of January 21, 2004, Grade II Sergeant John Kerr retired. In keeping with the reorganization within the Police Department that began with the October 1997 collective bargaining agreement, a reduction of the Grade II position is needed. By reducing this position and increasing the Grade I position, this will accurately reflect the current organization of the Police Department as well as allow the utilization of the police specialist positions. Councilmember Cokinos moved TO ADOPT ORDINANCE 04-009 AMENDING SECTION 21-75 OF THE CODE OF ORDINANCES RELATED TO AUTHORIZED POSITIONS IN THE POLICE DEPARTMENT. Mayor Pro Tem Ames seconded. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND SAMUEL NAYS: NONE MOTION PASSED Page 2 of 11 Minutes-February 10,2004 2. Consider amending Section 18-7 of the Code of Ordinances to allow the discharge of fire arms in an indoor firearm range. Ordinance 04-010 Administration recommends approval of an ordinance amending Chapter 18, Section 18-7 of the Code of Ordinances allowing the discharge of firearms in an indoor firearm range. Currently, Section 18-7 states that it is unlawful for any person, except a peace officer in the discharge of his official duties, to discharge any firearm within the City. The proposed amendment would permit the discharge of a firearm within an indoor firearm range by a person or entity with all the permits or licenses required to operate such a facility. In addition, structural, bullet trap, ventilation and noise requirements would have to be met prior to issuance of a Certificate of Occupancy. An indoor firearm range is permitted by right in NSC, GC-MD, CBD, C-M, LI, HI and PUD zoning districts and with a specific use permit in all other zoning districts. Councilmember Beaulieu moved TO ADOPT ORDINANCE 04-010 TO ALLOW THE DISCHARGE OF FIREARMS IN AN INDOOR FIREARM RANGE. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND SAMUEL NAYS: NONE MOTION PASSED 3. Consider authorizing the abatement of an imminent public health hazard located at 2356 Pope including the demolition of the structure - Ordinance 04-011 Administration recommended that the Council approve the resolution presented authorizing abatement by city forces of an imminent public health hazard located at 2356 Pope. On January 13, 2004, Animal Control was dispatched by the Beaumont Police Department to a house located at 2356 Pope. Upon arriving at the scene, it was discovered that the owner was deceased and had been inside the house in that condition for several days. In addition, her three dogs were trapped inside the structure. On January 14, 2004, Environmental Health, Animal Control and Clean Community personnel inspected the inside of the house. Based upon the findings of this inspection, the structure was declared to be an imminent public health hazard. At that time, the house was tagged by the demolition supervisor as a"dangerous structure."As required, written notice was sent by the Health Department to the estate of the deceased property owner, ordering immediate abatement of the health hazard. Notice was also issued by the Clean Community Department stating the house was declared to be a dangerous structure. Both notices were returned as "unclaimed." Violations noted during the 1-14-04 inspection included strong, obnoxious and objectionable odors, human waste on the floor and furniture in the front room, animal waste accumulated on the floors, walls, and furniture throughout the house, garbage Page 3 of 11 Minutes-February 10,2004 trash and debris scattered throughout the house, and large openings in the floors, walls and ceilings making the structure open and accessible to rodents. Since 2002,the Health Department has received numerous complaints from neighbors about the conditions inside this house. Both written and verbal notices have been issued to the property owner ordering abatement of the violations. On 9-25-02, a letter declaring the property to be a public health nuisance and imminent health hazard was hand delivered to the owner. The property was cleaned by city contractors on 11-22-02. In 2003, the Health Department once again began receiving complaints about foul odors emanating from inside the house. The conditions inside the house continued to worsen. Estimated cost of demolition of the structure is $1200.00. The Clean Community Department has funds for this demolition in the C.D.B.G. fund. Councilmember Samuel moved TO ADOPT ORDINANCE 04-011 AUTHORIZING ABATEMENT TO INCLUDE DEMOLITION BY CITY FORCES OF AN IMMINENT PUBLIC HEALTH HAZARD LOCATED AT 2356 POPE. Councilmember Cokinos seconded. AYES: MAYOR LORD, MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND SAMUEL NAYS: NONE MOTION PASSED 4. Consider authorizing the City Manager to accept the Concord Road Pavement Improvement Project Phase III (including Travis Street), approve Change Order No. 2 and authorize final payment - Resolution 04-037 Administration recommended approval of Change Order No.2,final payment to ALLCO, Inc. and acceptance of the Concord Road Pavement Improvement Project Phase III (including Travis Street). On December 19, 2000, City Council awarded a contract to ALLCO, Inc.,for the construction of Concord Road Pavement Improvement Project Phase III in the amount of$5,538,569.25. Change Order No. 1 increased the contract amount to $5,560,689.42. Due to a decrease in construction quantities, Change Order No. 2 in the amount of$107,978.69 is required to adjust the estimated quantities,to reflect the quantities actually used during the performance of the project, decreasing the contract amount to $5,452,710.73. The MBE participation in the performance of the contract totals $464,400.25 representing 8.5% of the final contract amount. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set out in the contract. Funds are allocated in the Capital Improvement Program. Page 4 of 11 Minutes-February 10,2004 Councilmember Beaulieu moved TO APPROVE RESOLUTION 04-037 AUTHORIZING THE CITY MANAGER TO ACCEPT THE CONCORD ROAD PAVEMENT IMPROVEMENT PROJECT PHASE III(INCLUDING TRAVIS STREET), APPROVE CHANGE ORDER NO. 2 AND AUTHORIZE A FINAL PAYMENT. Councilmember Smith seconded. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND SAMUEL NAYS: NONE MOTION PASSED 5. Consider approving a contract for the grounds maintenance of various park properties - Resolution 04-038 Administration recommended the award of a three (3) year contract to Perfect Cut Lawn Care for grounds maintenance services at seventeen (17)parks and various street triangles for an estimated annual expenditure of$53,930.52. The parks included in this contract are as follows: Caldwood, Combest, Forest, Guseman, Halbouty, Magnolia, Wuthering Heights, Central, Chaison, Fletcher, Gilbert, Ida Reed, McLean, Pipkin, Roberts, Sprott and Weiss Parks. Triangles include College and 111h 800 Eighth Street, Joachimi at Blanchette, Royal to Avenue F, Royal at Avenue G, Harriot at Kenneth, Burt at Carroll, 1500 Pipkin Avenue, Sarah at Bob, 1600 Avenue C, 2800 Arthur, 800 Ascot, Jay at Hooks, Jay at Kohler, 1200 Oakcrest, 700 Rankin,4000 E. Lynwood, 2400 W. Lynwood, and 100 W. Circuit. Grounds maintenance services include mowing, edging, litter removal and sweeping once per week between March 1 and November 30, and biweekly from December 1 to February 28. Based on the mowing schedule there will be approximately 48 cuttings per year. The street triangles require biweekly mowing during the growing season and one mowing per month during the non-growing season. The Parks Manager may reduce or increase the number of cuttings as needed with payments made per cutting cycle. The Park and Property Services Division is responsible for managing the contract and inspecting the work. The contract term is three (3) years with annual percentage increases based on the consumer price index for all Urban Consumers (CPI-U). A contract termination provision is included should funds not be allocated in future budget years. Perfect Cut Lawn Care currently maintains grounds at Fair Park, Tyrrell Park, Elmo Willard Library and the Theodore Johns Library. Personnel costs represent the bulk of the savings to the Park and Property Services Division's budget but other savings will be realized from the reduction in equipment and vehicle maintenance, fuel and new vehicle and equipment replacement. Employees currently performing grounds maintenance services at these parks will be assigned to other park maintenance crews, resulting in a higher level of maintenance previously not performed on a scheduled basis. Parks and Property Services will continue to maintain the following four (4) parks: Leffler Park, Klein Park, Collier's Ferry Park and the Athletic Complex. Page 5 of 11 Minutes-February 10,2004 Funds for this contract are available in the Parks and Property Services Division's operating budget. Clarification was made that if Perfect Cut Lawn Care did not meet its contractual obligations, the contract would go out for a new bid and not awarded to the second bidder in line. Councilmember Cokinos moved TO APPROVE RESOLUTION 04-038APPROVINGA CONTRACT FOR THE GROUNDS MAINTENANCE OF VARIOUS PARK PROPERTIES. Councilmember Samuel seconded. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND SAMUEL NAYS: NONE MOTION PASSED PUBLIC HEARING: Dilapidated Structures - Public Hearing Convened at 1:55 p.m. Public Comments: Roberto Flores 2425 Buchanan Beaumont TX 77703 Spoke in favor of the demolition policy of the City and in support of the neighbors in having these buildings removed from their neighborhoods Bennie D. Session 3902 Wichita Street Houston TX 77004 Property#20: Previously agreed to have building demolished, now requesting up to three months to get property up to code; costly project due to commercial code standards Chris Williams/Betty Williams 3410 Glenwood Drive Beaumont TX Property#7: Has recently paid taxes and is requesting up to six months to get property up to code; voiced concern about the cost and time involved Rosetta "Rosie" Jones 2725S. 4 th Street Beaumont TX Property#24125: Requested an eight week extension to bring properties up to code Joel Sterling 2330 Delaware Beaumont TX Property#5: Recently paid taxes; would need more than 120 days and requesting up to six months Norris Roberts 5925 Navajo Road Beaumont TX Property#3: Requested a sixty day extension to bring property up to code Page 6 of 11 Minutes-February 10,2004 Lary Long 1036 Calder Beaumont TX Property#4: Received deed of gift for this property in 12/02; enrolled in work program four times; requesting 120 days to bring building up to code Hadley L. Cohen 1096 Calder Avenue Beaumont TX 77701 Property#4: Owns adjoining property; interested in purchasing but states the building is in such poor condition he no longer has interest in purchasing building David Biegel 13140 Coit Road #502 Dallas TX Property 23/33: Phone call received and asked his request be put into Public Hearing to request an additional 120 days to finish bringing properties up to City Code; he is approximately 75% finished now Public Hearing Closed at 2:40 p.m. 6. Consider approval of an ordinance declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by the owners and authorizing the removal of certain other structures whose owners failed to comply with condemnation orders - Ordinance 04-012 Following public hearing, Council was requested to declare the thirty (30) structures to be dangerous structures and order the owners to raze said structures within ten (10) days. If the property owner fails to comply within ten (10) days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. These structures have been inspected by the Clean Community Department and found to be dangerous structures as defined by the City of Beaumont's Code of Ordinances, Article 111, Dangerous Structures, Section 14-50. Council was asked to consider a raze or repair order on three (3) additional structures. Owners to be issued an order to raze or repair structure within a specified time. Owner must immediately enroll in a work program following Council's specified order of time for compliance- These structures were issued notification of being substandard as defined by the City of Beaumont's Code of Ordinances,Article 111, Dangerous Structures, Section 14-50. Staff will enroll owner in a work program and monitor work for allotted time granted by Council. It was fully explained that the work program allows you an approved amount of time to bring the structure up to city code. At the end of this time, substantial repairs/progress must be apparent or structure will be demolished without further approval from Council. Page 7 of 11 Minutes-February 10,2004 COuncilmember Samuel moved TO ADOPT ORDINANCE 04-012 TO DECLARE CERTAIN DILAPIDATED STRUCTURES TO BE PUBLIC NUISANCESAND ORDERING THEIR REPAIR OR REMOVAL BYTHE OWNERS AND AUTHORIZING THE REMOVAL OF CERTAIN OTHER STRUCTURES WHOSE OWNERS FAILED TO COMPLY WITH CONDEMNATION ORDERS WITH THE FOLLOWING CONDITIONS: • Property#3 located at 570 Buford: Given one week to be inaccessible and 120 days to bring structure up to City Building Code • Property#7 located at 725 Euclid: Extension of 120 days to bring up to City Building Code • Property#20 located at 2290 Sabine Pass Avenue: Extension of 60 days to bring up to City Building Code • Property#23 located at 1045 Steve Drive: Extension of 120 days to bring up to City Building Code • Property#24/25 located at 1065 Steve Drive and 1075 Steve Drive: Extension of 60 days to bring up to City Building Code • Property#33 located at 1050 Steve Drive: Extension of 120 days to bring up to City Building Code Mayor Pro Tem Ames seconded. AYES: MAYOR LORD, MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND SAMUEL NAYS: NONE MOTION PASSED PUBLIC HEARING: 2004 Action Plan of the Consolidated Block Grant Program - Public Hearing convened at 2:50 p.m. Johnny Beatty, Grants Administrator conducted the Public Hearing. City Council has conducted public hearings/workshops in previous years prior to adopting the City's Annual Action Plan. The Community Development Advisory Committee has held one meeting to discuss and review the process for submitting 2004 Action Plan Budget recommendations to the City Council. Subsequent public hearings/workshops are planned. He explained the details of the funds and the actions which have already taken place. He was available to answer questions or concerns. Public Comments: None Public Hearing was closed at 2:55 p.m. 7. Consider approving the Preliminary 2004 HUD Consolidated Grant Program Budget, schedule and application deadline for the 2004 Action Plan - Resolution 04-039 Page 8 of 11 Minutes-Febwary 10,2004 Fallowing the Public Hearing, the Administration recommended approving the Preliminary 2004 HUD Consolidated Grant Program Budget, schedule and application deadline for the 2004 Action Plan. As mandated by the U.S. Department of Housing and Urban Development (HUD), City Council has conducted public hearings/workshops in previous years prior to adopting the City's Annual Action Plan. To date, the Community Development Advisory Committee (CDAC) has held one meeting to discuss and review the process for submitting 2004 Action Plan Budget recommendations to the City Council. Subsequent public hearings/workshops will follow. Also, because of HUD's allocation formula,the City of Beaumont will not receive Emergency Shelter Grant Funds in 2004. The proposed 2004 budget is comprised of federal allocations of$2,126,000 in Community Development Block Grant funds and $837,000 in HOME funds. The loss of $82,000 in Emergency Shelter Grant funds will have a negative impact on the annual budget and the funds we provide to organizations that assist low to moderate income persons. The proposed budget includes an estimated $150,000 of program income. Councilmember Smith moved TO APPROVE RESOLUTION 04-039 TO APPROVE THE PRELIMINARY 2004 HUD CONSOLIDATED GRANT PROGRAM BUDGET, SCHEDULE AND APPLICATION DEADLINE. Councilmember Beaulieu seconded. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND SAMUEL NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER SAMUEL- REQUESTED THAT THE CITY HAVE A WORKSHOP TO DISCUSS THE NEED TO SET UP SOME REGULATIONS DUE TO THE INCREASED USE OF SCOOTERS ON OUR STREETS; ALSO A WORKSHOP TO DISCUSS THE NEEDS OF THE CITY REGARDING THE DRAINAGE AND SEWAGE PROBLEMS CREATED BY FLOODING IN THE CITY COUNCILMEMBER PATTERSON - ON BEHALF OF COUNCILMEMBER PATTERSON, MAYOR LORD STATED SHE JUST RECEIVED NOTICE FROM COUNCILMEMBER PATTERSON THAT SHE WAS SICK AND UNABLE TO ATTEND MEETING MAYOR PRO TEM AMES - CONCURRED WITH THE DRAINAGE PROBLEMS AND NEED FOR IMPROVEMENT COUNCILMEMBER COKINOS - NONE Page 9 of 11 Minutes-February 10,2004 COUNCILMEMBER BEAULIEU - NONE COUNCILMEMBER SMITH - CONCURRED WITH LACK OF MOTOR ASSISTED SCOOTER REGULATIONS CITY MANAGER KYLE HAYES - WILL SCHEDULE A WORKSHOP NEXT WEEK TO DISCUSS POSSIBLE REGULATIONS AND USAGE OF THE MOTORASSISTED SCOOTERS AND WILL SCHEDULE A WORKSHOP WITHIN THE NEXT SEVERAL WEEKS TO DISCUSS THE DRAINAGE AND SEWAGE PROBLEMS CITY ATTORNEY LANE NICHOLS - NONE MAYOR LORD- STATED PAYMENT OF FINE TO STATE ETHICS COMMISSION REGARDING VIDEO MADE ON CITY CHARTER AMENDMENT WAS FOR CITY BUSINESS AND CONTAINED NO ADMISSION OF GUILT Public Comments (Persons are limited to three minutes) Godfrey Leggett 185 Marceline Beaumont TX Voiced his concern about the inconsistency with the traffic lights and the way they are timed; discussed the inconsistency with the speed limit on Martin Luther King Jr. Parkway; disturbed with the removal of the personal crosses placed along side the highway where fatal accidents have occurred Allen Lee 5095 Madlox Street Beaumont TX Voiced his concerns over the recent fine the city paid for violation of the election code LeRoy Lewis 111 7866 Gladys Avenue Beaumont TX Ideas for City Council to include his concerns of the emergency vehicles, lack of sidewalks, job situations and other city issues Paula O'Neal 11 Winchester Cove Beaumont TX Thanked the Community Development staff for their hard work. Robert Preston 1190 Preston Beaumont TX Voiced his concerns about the dilapidated structures and sign violations Roberto Flores 2425 Buchanan Beaumont TX Page 10 of 11 Minutes-February 10,2004 Voiced his concerns about the drug problem and Citizens On Patrol in the North End Council recessed into Executive Session at 3:25 p.m. There being no action taken in Executive Session, Council adjourned at 3:50 p.m. Audio tapes are available upon request in the City Clerk's Office. Evelyn Lord, yor Y� Rose Ann Jones, City Irk Page 11 of 11 Minutes-February 10,2004