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Home My WebLink AboutMIN DEC 07 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 Tern Bobbie J. Patterson December 7,2004 Audwin Samuel Tyrone E. Cooper, 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 December 7,2004, at the 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 - Doris Johnson Award Winners Public Comment: Persons may speak on scheduled agenda items 1- 4/Consent Agenda Consent Agenda Mayor Lord called the council meeting to order at 1:30 p.m. Pastor William Wilson, Jones Memorial Church of God in Christ gave the invocation. City Manager, Kyle Hayes 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 and Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions "Kevin Millar Day" - December 7, 2004 - Proclamation read by Mayor Lord; accepted by Kevin Millar Doris T. Johnson Award - Recognized were runners-up Aubrey Wright, introduced by Police Chief Scofield and Carol Wilson, introduced by Max Duplant, Finance. The recipient of the Doris T. Johnson Award was Renty Rollins, introduced by Claudie Hawkins, Manager of the Convention Facilities Public Comment: Persons may speak on scheduled agenda items 1- 4/Consent Agenda. None CONSENT AGENDA Approval of minutes - Minutes of November 23, 2004 Minutes-December 7,2004 Confirmation of committee appointments - None A) Approve the payment of an invoice for an annual software support agreement for a Motorola Mobile Date Communication System (MDC) - Resolution No. 04-278 B) Accept a donation of property that will be used for the construction of affordable housing - Resolution No. 04-279 C) Authorize the acceptance of a ten foot (10')wide Sidewalk Easement along the north line of the Delaware Street Extension adjacent to the Mobiloil Federal Credit Union property- Resolution No. 04-280 D) Authorize the settlement of the Claim of Gary Warren - Resolution No. 04-281 Councilmember Cokinos 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. Consider reappointing the Chief Magistrate and one City Magistrate to two-year terms - Resolution 04-282 City Council recommended the reappointment of Theodore Johns and James D. McNicholas as City Magistrates. James D.McNicholas would be designated as Chief Magistrate. The City Charter states "there shall be one or more magistrates of said Municipal Court known as City Magistrates,one of whom shall be designated Chief Magistrate." Chief Magistrate McNicholas would be redesignated Chief Magistrate at a compensation of$300 forthe first session and$200 forany subsequent sessions per week. City Magistrate Theodore Johns would be reappointed at a compensation of $200 per session. City Magistrate Craig Lively will be considered for reappointment in January when his current term expires. Councilmember Cokinos moved to APPROVE RESOLUTION 04-282 THAT JAMES D. MC NICHOLAS BE REAPPOINTED THE CHIEF MAGISTRATE OF THE CITY OF BEAUMONT FOR A TWO-YEAR TERM. COMPENSATION SHALL BE $300 FOR THE FIRST SESSION AND $200 FOR EACH SUCCESSIVE SESSION THEREAFTER EACH WEEK;AND THAT THEODORE JOHNS BE REAPPOINTED AS CITY MAGISTRATE FOR A TWO-YEAR TERM. COMPENSATION SHALL BE $200 PER SESSION. Councilmember Smith seconded the motion. Page 2 of 9 Minutes-December 7,2004 AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 2. Consider approving an annual contract for grounds maintenance and litter removal services - Resolution 04-283 Administration recommended approval of a three(3)yearcontract beginning January 1, 2005 with Beaumont Products and Services, Inc. (BPS) for basic grounds maintenance services atthe City's Downtown Municipal Complex and specified areas within Beaumont's Central Business District as well as a Downtown Beautification Team to perform special projects as needed. BPS has provided grounds maintenance and litter removal services forthe past seven (7)years. Grounds maintenance services include mowing,edging,sweeping and litter removal for the grounds at City Hall, Civic Center, Beaumont Public Library, Police Building,Julie Rogers Theatre,Tyrrell Historical Library,Delia Harrington Park, Henry Dannenbaum Transfer Facility, Riverfront Park, and the Central Business District medians and boulevards. This contract is exempt from competitive bidding because the service is provided by a State certified workshop. BPS is a private not-for-profit State certified workshop employing disabled individuals. The $9,392 monthly cost for services provided to the City's Downtown Municipal Complex and the Central Business District is an annual expenditure of$112,704. Last year's annual cost was $108,250.86. The increase in costs can be attributed to increases in labor, insurance, and materials. Councilmember Smith made a motion to APPROVE RESOLUTION 04-283 THAT THE BID SUBMITTED BY BEAUMONT PRODUCTS AND SERVICES, INC. (BPS) FOR GROUNDS MAINTENANCE AND LITTER REMOVAL SERVICES AT THE CITY'S DOWNTOWN MUNICIPAL COMPLEX AND SPECIFIED AREAS WITHIN BEAUMONT'S CENTRAL BUSINESS DISTRICT AS WELL AS A DOWNTOWN BEAUTIFICATION TEAM TO PERFORM SPECIAL PROJECTS AS NEEDED BEACCEPTED BYTHE CITYOF BEAUMONT.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-December 7,2004 3. Consider amending Section 5-37 of the Code of Ordinances relating to the Animal Health Advisory Committee - Ordinance 04-097 Administration recommended adoption of the proposed amendment. Currently, the Committee consists of four (4) members which include the city veterinarian,the directorof health,the animal control supervisorand an individual from the Humane Society, all of whom are appointed for one year. In order to effectively deal with emerging animal control issues such as animal cruelty cases, vicious animals,etc.,staff recommends expanding the Committee to include a representative from the Police Department and one additional member of the Humane Society. All six (6) committee members would be appointed to serve a two year term. The Mayor will continue to make the appointments to the Animal Health Advisory Committee. Councilmember Cokinos made a motion to ADOPT ORDINANCE 04-094 TO AMEND SECTION 5-37 OF CHAPTER 5,ARTICLE III OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, TEXAS, ESTABLISHING THE ANIMAL HEALTH ADVISORY COMMITTEE; PROVIDING FORSEVERABILITY;PROVIDING FOR REPEAL;AND PROVIDING FORAPENALTY. 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 4. Consider authorizing the City Manager to execute an agreement for Insurance Services Office, Inc. (ISO) rating consulting services - Resolution 04-284 Administration recommended authorizing the City Managerto execute an agreement with Mike Pietsch,P.E.Consulting Service, Inc.of Garland,Texas to provide consulting services in conjunction with an upcoming ISO classification survey. The ISO has for many years done evaluations and ratings of the fire protection provided in communities. This system is called the ISO Public Protection Classification program, or PPC. The PPC process grades a community's fire protection on a scale of 1-10, based on the ISO's Fire Suppression Rating Schedule (FSRS). Because ISO is an independent statistical,rating and advisory organization that serves the property and casualty insurance industry, many companies use their PPC evaluations as a factor in setting the premiums they charge for property insurance. FSRS looks at a great deal of specific data about the fire department,the water supply and the types of property in the community, and uses a fairly complex process to evaluate that information. Page 4 of 9 Minutes-December 7,2004 Administration is requesting that the City contract with an independent consultant to assist with the review. The consultant's scope of work includes performing a mock grading, which includes a fire station location study and preparation of a presurvey packet,to provide the City with a list of suggested improvements which will result in a lower rating. The City may institute those recommendations which are economically feasible and provide the greatest rating impact. Once the recommendations are instituted, the consultant will assist the City in gathering information for ISO and representing the City during the survey process. This guarantees the seamless transfer of information from the City to the ISO representative. Total cost of the consulting service is $19,950. Mr. Pietsch,a registered engineer in Texas,has more than 26 years experience rating communities under the ISO FSRS. He lectures on the FSRS and has taught at ISO's annual training school in Bethesda, Maryland. Administration feels that Mr. Pietsch is extremely qualified to assist the City in improving its class rating. The consultant will be available to commence the project in January. The entire ISO survey process will take between 6 and 9 months to complete. The $19,950 consulting fee is available in the Capital Improvement Fund. Councilmember Cokinos made a motion to APPROVE RESOLUTION 04-284 THAT THE CITY MANAGER IS AUTHORIZED TO EXECUTE AN AGREEMENT FOR INSURANCE SERVICES OFFICE,INC.(ISO)RATING CONSULTING SERVICES WITH MIKE PIETSCH,P.E. CONSULTING SERVICE, INC. OF GARLAND, 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 5. PUBLIC HEARING: Dilapidated Structures Public Hearing Convened at 2:00 p.m.. Public comments were made by the following people who personally appeared and requested additional time to make repairs to their property. Eddie D. Scott PO Box 1741 Beaumont TX #12 - RE: 1203 - 1205 North (Garage Apartment) #28 - RE: 1203 - 1205 North (Duplex) Elizabeth F. Seals 585 E. Gill Beaumont TX #18 - RE: 2016 Pope Page 5 of 9 Minutes-December 7,2004 Margaret Baltimore 2395Avalon Beaumont TX #3 - RE: 2410 Clearview Lawrence D. Evans 3680 Champions Drive Beaumont TX #23 - RE: 3395 Washington Blvd. Delia J. Reagan 1790 Briarcliff Drive Beaumont TX #17 - RE: 2425 Pecos Louis Brown 3226 N. Euclid Street Beaumont TX #6 - RE: 3226 W. Euclid and Garage Public Hearing closed at 2:55 p.m. Consider approval of an ordinance declaring certain dilapidated structures to be public nuisances and ordering their repairs or removal by the owners and authorizing the removal of certain other structures whose owners failed to complywith condemnation orders. - Ordinance 04-098 Following the Public Hearing, Councilmember Samuel made a motion to ADOPT ORDINANCE 04-098 FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND/OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Mayor Pro Tern Ames seconded the motion. The following structures were found to be a public nuisance and in accordance with Article XVII,Section 2,of the Charter of the City of Beaumont,Section 10-2 and 14-52 of the Code of Ordinances of the City of Beaumont,Texas,and Section 103.4 of the Standard Building Code, it be ordered that the owner or owners of the following described buildings demolish and remove said structures within ten (10)days of the effective date of this ordinance. If the property owner fails to comply within ten (10) days,Council orders that the property be demolished without further notification to the property owner(s) or City Council action. #1 258 Bowie (Commercial) #13 3905 Ogden Avenue #2 1560 Brooklyn #14 2715 Park #4 773 Cuniff Avenue #15 4492 Park #5 2170 Euclid #16 2204 Pecos (Rear Garage Apt) #7 330 Fletcher #19 2420 Ranier #8 1495 W. Florida (Aux. Bldg.) #20 4150 Steelton #9 2595 Franklin #21 2105 Victoria #10 1130 Houston #22 3175 Washington Blvd. #11 2124 Magnolia #24 3635 West Lane (Garage Apt) As part of the motion and to be included in Ordinance 04-098, it be ordered that the owner orowners of the following described buildings were ordered to execute a work program with the City within ten (10) days of the date of this ordinance and either demolish or repair the structures within 90 days afterthe date of this ordinance. If the property owner fails Page 6 of 9 Minutes-December 7,2004 to comply within 90 days, Council orders that the property be demolished without further notification to the property owner(s) or City Council action. #18 2016 Pope #23 3395 Washington Blvd. As part of the motion and to be included in Ordinance 04-098, it be ordered that the owner or owners of the following described properties were ordered to execute a work program with the City within ten (10) days of the date of this ordinance and either demolish or repairthe structures within 120 days afterthe date of this ordinance. If the property owner fails to comply within 120 days, Council orders that the property be demolished without further notification to the property owner(s)or City Council action. #3 2410 Clearview #6 3226 W. Euclid and Garage #12 1203 - 1205 North (Garage Apartment) #17 2425 Pecos #25 1540 College (Residential/Commercial) #26 3260 Gulf(Garage) #27 3960 Harding Drive & Garage #28 1203-1205 North (Duplex) AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER PATTERSON - REQUESTED CLARIFICATION FROM THE CITY MANAGER OF POLICY/PROCEDURE FOR PLACING A CONDEMNED PROPERTY ITEM ON THE AGENDA COUNCILMEMBER SAMUEL- NONE MAYOR PRO TEM AMES - CONGRATULATED ALL THE PEOPLE INVOLVED IN THE WINTER WONDERLAND AND RELATED EVENTS THIS PAST WEEKEND COUNCILMEMBER COKINOS - NONE COUNCILMEMBER BEAULIEU- EXTENDED CONGRATULATIONS TO THE COMMITTEE FOR THE WINTER WONDERLAND WEEKEND ACTIVITIES AND FELT THAT A GREAT TIME WAS ENJOYED BY ALL WHO ATTENDED Page 7 of 9 Minutes-December 7,2004 COUNCILMEMBER SMITH - FELT THAT IT WAS WONDERFUL THE WAY THE COMMUNITY CAME TOGETHER TO CELEBRATE THE HOLIDAY SEASON; COMMENTED ON COUNCILMEMBER PATTERSON'S COMMENTS CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - RESPONDED TO COUNCILMEMBER PATTERSON'S POLICY QUESTION BY STATING THAT IT IS THE POLICY THAT ONCE COUNCIL HAS ADOPTED THE ORDINANCE STATING THATTHE PROPERTY WILL NOT COME BEFORE COUNCIL AGAIN, THE PROPERTY SHALL NOT BE PLACED ON THE AGENDA FOR ADDITIONAL CONSIDERATION MAYOR LORD - CONGRATULATED ALL THOSE INVOLVED IN MAKING THE HOLIDAY PARADE SUCH ASUCCESS; RECEIVED FEEDBACK FROM THE MILITARY FOR THE HOSPITALITY AND SUPPORT THEY RECEIVE FROM THE CITY OF BEAUMONT Public Comments (Persons are limited to three minutes) LeRoy Lewis III 7866 Gladys Street Beaumont TX Ideas to City Council included the use of cell phones by motorists while driving, thank you to foster parents, need for more jobs for City residents as well as other related matters Judy Smith 8122 Smith Road Beaumont TX Requested additional time to repair her property on 1995 Ashley Dean Tucker 2570 Laurel Avenue Beaumont TX Comments regarding improving the health care system and need for a change in FDA regulations Emma A. Kyles 3675 Blossom Drive Beaumont TX Suggested that a mandatory workshop be required for those home owners who are requesting an extension of time to repair their property Cleveland Nisby 4520 Corley Beaumont TX Thank you to the City for the 23rd Street improvements which are appreciated by all the residents Page 8 of 9 Minutes-December 7,2004 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 Executive Session was not held; therefore, Council adjourned at 3:30 p.m. Audio tapes are available upon request in the City Clerk's Office. 4" G� Evelyn M Lord, Mayor Rose Ann Jone4TC "UMO��,�t1 City Clerk U I/ W ! ll � It11! Page 9 of 9 Minutes-December 7,2004