The URL can be used to link to this page

Home My WebLink AboutMIN SEP 14 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 September 14,2004 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 September 14,2004, atthe City Hall Council Chambers,801 Main Street,Beaumont,Texas,at 1:30 p.m.to considerthe following: OPENING Invocation Pledge of Allegiance Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 4,6&7/Consent Agenda Consent Agenda Mayor Lord called the council meeting to order at 1:30 p.m. Pastor Herbert McCloney of New Birth Assembly of God gave the invocation. Kyle Hayes, City Manager led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Lord, Mayor Pro Tern Ames,Councilmembers Smith,Beaulieu, Cokinos, Patterson(arrived at 1:40 p.m.)and Samuel. Also present were Kyle Hayes,City Manager; Lane Nichols, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions "TAKE YOURSELF AND A LOVED ONE TO THE DOCTOR DAY"- September 22,2004-proclamation read by Councilmember Samuel;accepted on behalf of Mario Watkins from Commissioner Bo Alfred's office was Karla Leis from Lamar University Public Comment: Persons may speak on scheduled agenda items 4, 6 & 7/Consent Agenda. None CONSENT AGENDA Approval of minutes- Minutes of August 31, 2004 Confirmation of committee appointments - None Minutes-September 14,2004 A) Approve an annual contract to furnish Fire Department uniforms - Resolution 04-201 B) Approve a resolution authorizing the City Managerto accept a Local Law Enforcement Block Grantfrom the Department of Justice;Bureau of Justice Assistance in the amount of$77,895 Resolution 04-202 C) Approve a resolution authorizing the granting of a License to Encroach to Joseph F. Delage and, his wife, Patsy Lou Delage for a garage encroaching into the City's 20-foot utility easement and the adjacent 16-foot wide utility corridor located at 580 24th Street - Resolution 04-203 D) Approve a resolution authorizing the acceptance of a 10-foot wide sanitary sewer easement across the northeast corner of State Highway 105 at Major Drive[FM 364]to serve the new Dollar General Store - Resolution 04-204 E) Approve a resolution accepting maintenance of the street, storm sewer,water and sanitary sewer improvements in Christina Court Section II, Phase I and 11, Subdivision-Resolution 04-205 F) Approve a resolution authorizing the settlement of the claims of Marilyn Stephens,Catherine Bertrand and Terry Chism brought in the lawsuit styled Penni Simonson,et al v.The City of Beaumont - Resolution 04-206 CouncilmemberCokinos moved to approve the Consent Agenda. Council member Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Hold a Joint Public Hearing on the FY 2005 Proposed Budget and the FY 2005 Capital Improvement Program (CIP) The FY 2005 Proposed Budget was submitted to Council on August 10, 2004. A workshop was held August 24,2004 and a public hearing was held August 31,2004 both of which included a PowerPoint presentation and discussion of significant issues impacting the FY 2005 budget. The FY 2005 Capital Improvement Program was submitted to Council on May 11, 2004 with a PowerPoint presentation to Council August 31, 2004. Public Hearing: Open: 1:40 p.m. Close: 1:43 p.m. No public comments were made. Page 2 of 9 Minutes-September 14,2004 2. Consider adopting the FY 2005 Budget - Ordinance 04-070 Administration recommended to adoptthe FY 2005 Budget as submitted to Council on August 10, 2004. Proposed appropriation for all funds, net of contingency, totals $164,767,900. Additionally,a contingency appropriation of$1,500,000 is made for the General Fund. Councilmember Cokinos moved to APPROVE ORDINANCE 04-070 ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE"ADOPTING A BUDGET FOR THE FISCAL PERIOD BEGINNING OCTOBER 1,2004 AND ENDING SEPTEMBER 30, 2005 IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT; APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 3. Consider adopting the FY 2005 Capital Improvement Program (CIP)- Resolution 04-207 Administration recommended to Council to adopt the FY 2005 Capital Improvement Program as submitted to Council May 11, 2004. Projects classified as current in the FY 2005 CIP total $58,848,000 and include $52,755,000 in Public Works Improvements and$6,093,000 in General Improvements. The total for planned projects in both categories is $56,110,000. The CIP was submitted to Council on May 11,2004 and reviewed during a workshop on August 31,2004. Public Hearings were held on August 31,2004 and September 14, 2004. Councilmember Smith moved to ADOPT RESOLUTION 04-207 THAT THE FY 2005 CAPITAL IMPROVEMENT PROGRAM IS HEREBY ADOPTED. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED Page 3 of 9 Minutes-September 14,2004 4. Consider accepting the tax roll and establishing the property tax rate for the tax year 2004 - Ordinance 04-071 Administration recommended that Council accept the Jefferson County Appraisal District's Certified Tax Roll and adopt a property tax of$0.664 for the tax year 2004 (FY 2005). The tax rate would be apportioned $0.381267 to the General Fund and $0.282733 to the Debt Service Fund. This distribution represents a reduction of $0.006 and shift of$0.021267 from the rate dedicated to the Debt Service Fund to the General Fund. Property tax revenue in the FY 2005 Budget is calculated at the rate of$0.664 per $100 assessed value. This rate,applied to the certified tax roll of$4,568,576,349 at a collection rate of 97%,generates approximately$29,425,000 forthe General Fund and Debt Service Fund combined. A public hearing was previously held on August 31, 2004. COuncilmember Smith moved to ADOPT ORDINANCE 04-071 ENTITLED AN ORDINANCE ACCEPTING THE TAX ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE; PROVIDING FOR LEVYING,ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 2004; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 5. Consider approving a request for a specific use permit to allow a residential care facility in an RCR(Residential Conservation and Revitalization)District at 685 Irma- Ordinance 04-072 Administration recommended approval of a specific use permit to allow a residential care facility in an RCR(Residential Conservation and Revitalization) District at 685 Irma, subject to redesigning the off-street parking to comply with city codes. Patty Lee requested this specific use permit to allow the continued operation of a residential care facility at 685 Irma. Ms. Lee states that the purpose of the house at 685 Irma is to offerthe women more privacy,comfort and space in the four bedroom home. The house has three full bathrooms,a kitchen,a living room and laundry room. At a joint Public Hearing held August 16,2004,the Planning Commission voted 8:0 to approve a specific use permitto allow a residential care facility in an RCR(Residential Conservation and Revitalization) District at 685 Irma, subject to redesigning the off- street parking to comply with city codes. Page 4 of 9 Minutes-September 14,2004 Councilmember Smith moved to ADOPT ORDINANCE 04-072 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 685 IRMA IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 6. Consider adopting an ordinance accelerating the expiration of the existing electric franchise ordinance between the Cityof Beaumontand EntergyGulf States, Inc.and granting a new franchise to Entergy Gulf States, Inc. adopting a new method of compensation - Ordinance 04-068 (second reading) Administration recommended approval of an ordinance accelerating the expiration of the existing electric franchise ordinance between the City of Beaumont and Entergy Gulf States, Inc. and granting a new franchise which will include a new method of compensation to the City for the use of its streets and rights-of-ways. The new franchise will produce higherfranchise revenues to the City commencing after the franchise and the surcharge rider are approved bythe Public Utilities Commission of Texas. Under our Charter, franchises require three readings before they are passed. The franchise does not take effect until sixty days after its adoption on the third and final reading; which means this ordinance which was adopted on the first reading on August 24,2004,could not be passed until September 28,2004. It would then be adopted in late November subject to the approval of the surcharge rider by the Public Utilities Commission of Texas. The ordinance must be adopted in accordance with the charterwhich requires that its adoption must be at leastthirty days from its first reading. Councilmember Beaulieu moved to ADOPTORDINANCE 04-068 ENTITLEDAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT ACCELERATING THE EXPIRATION OF THE EXISTING ELECTRIC FRANCHISE BETWEEN THE CITY OF BEAUMONT AND ENTERGY GULF STATES, INC., WHICH PASSED THIRD AND FINAL READING ON THE 19T" OF SEPTEMBER, 1961 AND WAS AMENDED BY ORDINANCE 82-137,AND GRANTING A NEW FRANCHISE TO ENTERGY GULF STATES, INC.; AUTHORIZING THE CITY'S ATTORNEY TO SEEK APPROVAL FROM THE PUBLIC UTILITY COMMISSION OF TEXAS OF A FRANCHISE FEE SURCHARGE TARIFF; PROVIDING AN EFFECTIVE DATE UPON THE ACCEPTANCE IN WRITING OF THE SURCHARGE BY ENTERGY GULF STATES,INC.;AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS CONSIDERED WAS OPEN TO THE PUBLIC AND IN ACCORDANCE WITH TEXAS LAW. Mayor Pro Tern Ames seconded the motion. Page 5 of 9 Minutes-September 14,2004 AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 7. Consider granting the City Manager authority to implement the contribution rate changes for retirees in the medical plans - Resolution 04-208 Administration recommended that Council approve medical contribution rate changes for retirees including their dependents effective January 1, 2005. Retirees and their dependents are allowed to elect continuation of medical coverage as provided by state statue. The retiree/dependent may continue coverage until the retire/dependent is covered by Medicare/Medicaid but not beyond age 65. Currently, there are 182 retirees on the City's medical plans. Appropriation of funds is available in the Employee Benefits Fund. Mayor Pro Tern Ames moved to APPROVE RESOLUTION 04-208 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO IMPLEMENT THE CONTRIBUTION RATE CHANGES FOR RETIREES INCLUDING THEIR DEPENDENTS WHO ARE ON THE CITY'S MEDICAL AND/OR DENTAL PLANS EFFECTIVE JANUARY 1,2005. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 8. Consider approving a one year contract with Blue Cross Blue Shield of Texas forthird party administration of the City's self funded Preferred Provider Organization (PPO) medical plan, self funded dental plan and a fully insured Health Maintenance Organization (HMO) with HMO Blue Texas - Resolution 04-209 Administration recommended that Council award a one year contract effective January 1, 2005 to Blue Cross Blue Shield of Texas (BCBSTX) for third party administration of the City's self funded Preferred Provider Organization(PPO)medical plan,self funded dental plan and a fully insured Health Maintenance Organization(HMO Blue Texas). Full time city employees are offered medical and dental benefits. The medical and dental benefits consistof a fully insured HMO plan,a self funded PPO plan and a self funded dental plan. After evaluating the market,the City's health benefit consultant, McGriff, Siebels and Williams of Texas, Inc.,concluded that BCBS offered the most Page 6 of 9 Minutes-September 14,2004 cost effective plans. Because of the extensive BCBS network,deep BCBS provider discounts, ability to retain continuity of insurance and the lack of other extensive provider networks, in June staff requested BCBS renewal rates. These negotiations with BCBS resulted in a rate increase that was within industry trends. The final negotiations resulted in HMO rates increasing 6%. The PPO's monthly fixed costs, which include stop loss and administration fees,remain the same. Renewal rates for the self funded dental plan did not increase. Appropriation of funds is available in the Employee Benefits Fund. COuncilmember Cokinos moved to APPROVE RESOLUTION 04-209 THAT THE CITY MANAGER BE AUTHORIZED TO ENTER INTO A CONTRACT WITH BLUE CROSS BLUE SHIELD OF TEXAS FOR A ONE-YEAR CONTRACT COMMENCING JANUARY 1, 2005 TO PROVIDE THIRD-PARTY ADMINISTRATION OF THE CITY'S SELF-FUNDED PREFERRED PROVIDER ORGANIZATION(PPO)MEDICAL PLAN,SELF-FUNDED DENTAL PLAN AND A FULLY-INSURED HEALTH MAINTENANCE ORGANIZATION (HMO)WITH HMO BLUE TEXAS. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER PATTERSON - REQUESTED THAT THE CITY MANAGER SET UP A MEETING WITH THE CONTRACTOR AND RESIDENTS AFFECTED BY THE VIRGINIA STREET PROJECT; REQUESTED THAT A SIGNAL/CAUTION LIGHT BE CONSIDERED UPON THE COMPLETION OF THE 23RD STREET PROJECT; REQUESTED THAT ALL CHURCHES IN THE CITY PARTICIPATE IN THE VOTER REGISTRATION CAMPAIGN ON SEPTEMBER 26; REQUESTED THE CITY STREET DEPARTMENT LOOK INTO THE METAL PLATE COVERING ON WEST HIGHLAND STREET COUNCILMEMBER SAMUEL- REQUESTED THAT THE CITY LOOK INTO THE REMOVAL OF EXCESS DIRT LEFT BY CONTRACTOR AT DELAWARE AND PINE; REQUESTED THAT THE CITY CHECK OUT THE STREET AREA BY 3040 CASE STREET MAYOR PRO TEM AMES - NONE COUNCILMEMBER COKINOS - NONE Page 7 of 9 Minutes-September 14,2004 COUNCILMEMBER BEAULIEU - REMINDED EVERYBODY TO CHECK OUT THE SOUTHEAST TEXAS BUSINESS EXPO BEING HELD AT THE CIVIC CENTER COUNCILMEMBER SMITH - NONE CITY MANAGER HAYES - NONE CITY ATTORNEY NICHOLS - NONE MAYOR LORD - NONE Public Comments (Persons are limited to three minutes) Clayton Byron 1466 W. Lucas Drive Beaumont TX Requested that the City paint a solid white line along the outside lane on West Lucas Drive from Phelan to Eastex and Folsom to separate the outside lane from traffic to make it safer for those who walk along the road or ride their bicycles along the road LeRoy Lewis III 7866 Gladys Beaumont TX Ideas to City Council:feels that the Virginia Street Project should have been completed by now;eating establishments are unsanitary and more should be done to correct the situation; better streets,more sidewalks and better drainage needs to completed in the City;an EEOC office should be based in the City Kerry J. Avie 1280 Saxe Street Beaumont TX Prayer for the City Dean Tucker 2570 Laurel Avenue Beaumont TX Feels that more should be done forthe safety of American Soldiers throughout the world;more tolerance and passion should be shown toward one another Benny Mendoza 5655 S. Kennith Street Beaumont TX Invited everybody to a community fiesta Jude Perez 10620 Gates Road Beaumont TX Reminded everybody that the week of September 17 - 23 is Constitution Week and that everybody should take time to study this document and use their rights Open session of meeting recessed at 2:13 p.m. Page 8 of 9 Minutes-September 14,2004 EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Penni Simonson, et al v. City of Beaumont Douglas Manning, et al v City of Beaumont Sheila Broussard vs. City of Beaumont, et al There being no action taken in Executive Session, Council adjourned. Audio tapes are available upon request in the City Clerk's Office. Evelyn M. Urd, Mayor ,IJMp � t agaaaa 3 B Rose Ann Jones, T C City Clerk , CSC Page 9 of 9 Minutes-September 14,2004