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MIN JAN 23 2007 M I N U T E S - CITY OF BEAUMONT Andrew P. Cokinos,At-Large GUY N. GOODSON, MAYOR Becky Ames,At-Large Lulu L. Smith,Ward I CITY COUNCIL MEETING Nancy Beaulieu, Mayor Pro Tem,Ward II Audwin Samuel,Ward III January 23, 2007 Bobbie J. Patterson,Ward IV 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 January 23, 2007, 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 Pro Tern Beaulieu called the council meeting to order at 1:30 p.m. Rev. Harland Merriam of St. Andrews Presbyterian Church 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 Pro Tern Beaulieu, Councilmembers Smith, Ames, Samuel and Patterson. Absent Mayor Goodson and Councilmember Cokinos. Also present were Kyle Hayes,City Manager;Tyrone Cooper,City Attorney; Rose Ann Jones,City Clerk; Tina Broussard, Deputy City Clerk. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda. None CONSENT AGENDA Approval of minutes - Minutes of January 16, 2007 Confirmation of committee appointments - None A) Approve a grounds maintenance contract for services at Tyrrell Park- Resolution 07-021 B) Authorize the City Manager to increase the scope of work on the City of Beaumont Water Reclamation Plat Rock Trap Basin Project - Resolution 07-022 Minutes-January 23,2007 Councilmember Ames made a motion to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a resolution supporting a request from the Golden Triangle Military Order of the Purple Heart Chapter 1991 to name the bridge over the Neches River"Purple Heart Memorial Bridge" - Resolution 07-023 Mr. Delano Reeves and others with the Golden Triangle Military Order of the Purple Heart Chapter 1991 made a request to City Council during a worksession on January 16, 2007 for the support of the City in naming the bridge over the Neches River "Purple Heart Memorial Bridge." The bridge crossing the Neches River between Beaumont and Jefferson County and Rose City and Orange County does not have an official name. The bridge is known and referred to as the "Neches River Bridge." Bridges are given a memorialization or name by a city, county,or the Texas Legislature. In this particular case, a number of governmental entities will need to give their support for the official naming to occur. Orange County has given their support in naming the bridge the "Purple Heart Memorial Bridge." If the City Council supports the name as well, the Golden Triangle Military Order of the Purple Heart Chapter 1991 will work with the Texas Department of Transportation (TxDOT)on the purchase and installation of signage. TxDOT may require other governmental entities to support the naming of the bridge as well. TxDOT will be responsible for the ongoing maintenance of any signature. Council member Samuel moved to APPROVE RESOLUTION 07-023 THAT THE CITY OF BEAUMONT SUPPORTS A REQUEST BY THE GOLDEN TRIANGLE MILITARY ORDER OF THE PURPLE HEART CHAPTER 1991 TO NAME THE BRIDGE OVER THE NECHES RIVER(CURRENTLY REFERRED TOAS THE "NECHES RIVER BRIDGE") "PURPLE HEART MEMORIAL BRIDGE." Councilmember Ames seconded the motion. AYES: MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED Page 2 of 6 Minutes-January 23,2007 2. Consider approving amendments to Chapter 1 of the Code of Ordinances-Ordinance 07- 006 Administration recommended approval of the amendments proposed for Chapter 1 of the Code of Ordinances. At a workshop on January 16, staff discussed the process to be used to update the code of ordinances and described the amendments recommended for Chapters 1. Additional chapters will be brought forward in subsequent weeks until the full review is complete. The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating Budget. Councilmember Smith made a motion to ADOPT ORDINANCE 07-006 ENTITLED AN ORDINANCE AMENDING PART II, CHAPTER 1, SECTIONS 1-1 AND 1-2, AMENDING THE DEFINITIONS OF "MUNICIPAL COURT"AND"PUBLIC PLACE"AS USED IN THE CODE OF ORDINANCES;PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Ames seconded the motion. AYES: MAYORPROTEM BEAULIEU,COUNCILMEMBERS SMITH,AMES,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider approving amendments to Chapter 2 of the Code of Ordinances. Council deferred this item for two weeks. 4. Consider approving the purchase of a fire truck - Resolution 07-024 Administration recommended the purchase of one (1) 1,500 gallon per minute Pierce pumper truck for the Fire Department from Martin Apparatus, Inc. through the Houston- Galveston Area Council (H-GAC) in the amount of$410,605. This truck will replace unit 7025, a 1981 American LaFrance truck, and will be placed into service at Fire Station No. 1, located at 747 College Street. The age, mileage, and mechanical condition of Unit 7025 makes it unreliable for continued service and it will be disposed of according to the City's surplus property disposal policies. Delivery time for the new truck will be approximately eight (8) to nine (9) months. The various components are warrantied for specified time periods which are as follow: The pumper truck will be delivered in the 2008 budget year. It is anticipated that the truck will be financed by a five-year lease-purchase at that time. Councilmember Samuel made a motion to APPROVE RESOLUTION 07-024 THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF ONE (1) 1,500 GALLON PER MINUTE PIERCE PUMPER TRUCK FOR THE FIRE DEPARTMENT FROM MARTIN APPARATUS, INC., THROUGH THE Page 3 of 6 Minutes-January 23,2007 HOUSTON-GALVESTON AREA COUNCIL(H-GAC) IN THE AMOUNT OF$410,605. Councilmember Ames seconded the motion. AYES: MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 5. Consider approving a resolution authorizing the participation of the City of Beaumont with other Entergy-Gulf States, Inc., service area cities to intervene in proceedings before the Public Utilities Commission of Texas for the calendar year 2007 - Resolution 07-025 Administration recommended the adoption of a resolution authorizing the City of Beaumont to participate with other Entergy-Gulf States, Inc., service area cities and to intervene in proceedings filed by EGSI before the Public Utilities Commission of Texas for the calendar year 2007. Historically, the City of Beaumont has joined with other cities in the Entergy-Gulf States service area in participating in proceedings before the Public Utilities Commission of Texas involving various rate and fuel matters filed by Entergy-Gulf States, Inc. Over the last several years, the City has adopted a resolution similar to the one proposed authorizing the City of Beaumont to continue to participate with the other area cities in the various cases that the company has filed and is expected to file in the year 2007. This participation is necessary to assure reasonable rates and charges and fair competition to all customer classes of Entergy-Gulf States within the service area cities. The actions of the participating cities intervening in these matters are accomplished pursuant to the direction of a Cities' Steering Committee of which the City of Beaumont is a member. The Cities'Steering Committee will retain rate consultants, attorneys and other representatives who will represent the cities' interest in the above proceedings. The City Council has authorized similar participation resolutions of participation each year since at least the year 2002. All reasonable expenses associated with rate matters will be reimbursable by the company as they have been in the past. Councilmember Ames made a motion to APPROVE RESOLUTION 07-025 THAT THE CITY COUNCIL OF BEAUMONT, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY GULF STATES, INC., AT THE PUBLIC UTILITY COMMISSION OF TEXAS IN 2007. Councilmember Smith seconded the motion. AYES: MAYOR PROTEM BEAULIEU,COUNCILMEMBERS SMITH, AMES,SAMUELAND PATTERSON NAYS: NONE MOTION PASSED Page 4 of 6 Minutes-January 23,2007 Mayor Pro Tern Beaulieu read the announcement regarding the Executive Session to be held at the conclusion of the General Business portion of the meeting. WORKSESSION Review and discuss plans by Mardi Gras on the Neches and Parades Unlimited for a Mardi Gras celebration in downtown Beaumont Lt. Ray Beckwith the Beaumont Police Department discussed plans for Mardi Gras on the Neches;emphasized thatthe Police Departmentwould be enforcing security; handouts were given to Council with a calender of events as well as the parade route; informed Council that Saturday would be a day of activities for the children Review and discuss the possibility of having Early Voting polling locations in each ward Rose Ann Jones, City Clerk discussed increasing early voting polling locations from one location to four. The Council received handouts regarding the polling locations in their perspective wards. The Councilmembers recommended polling locations in each ward as well as keeping the main early voting location in the City Clerk's Office. The City Clerk also discussed the cost that would be incurred with the increase of the additional polling locations. COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE COUNCILMEMBER AMES - NONE COUNCILMEMBER SAMUEL- EXPRESSED GREAT PLEASURE OF THE NAME CHANGE FOR THE BRIDGE OVER THE NECHES RIVER; APPRECIATED THOSE THAT HAVE MADE A COMMITMENT BY SERVING OUR COUNTRY; AND THOSE WHO HAVE EXPERIENCED SOME HARDSHIP AS A PART OF THEIR SERVICE; THANKED THE PURPLE HEARTS FOR THEIR EFFORTS AND TO THOSE THAT HAVE COMMITTED THEIR LIVES TO SERVING THIS COUNTRY COUNCILMEMBER PATTERSON - NONE MAYOR PRO TEM BEAULIEU - AGREED WITH COUNCILMEMBER SAMUEL'S REMARKS; REMINDED US ALL ABOUT THE DEBT WE OWE THOSE WHO HAVE SERVED OUR COUNTRY AND WHO ARE SERVING ON OUR BEHALF AND PUTTING THEMSELVES IN HARMS WAY CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE Page 5 of 6 Minutes-January 23,2007 Public Comments (Persons are limited to three minutes) Allen Lee 5550 Maddox Beaumont TX Commented that Mardi Gras was a good thing for the City; agreed with the need for more early voting sites; excited that the City Manager would be looking into the Homeland Security SAFER Grant; spoke regarding the Police Department's Labor Agreement negotiations Leroy Lewis III 8550 Baker Rd. Beaumont TX Turned in a complaint to the City Manager regarding the Public Library on Fannett Road; agreed with the need for more early voting sites;felt that we should have more police patrol out, and have two policemen in every vehicle; concerned about problems with citizens parking in the turning lane across from the Foreign Car Junk Yard located at 5705 Washington Blvd Rex Johnson 4350 Chaison Beaumont TX Concerned about an incident that occurred at Best Buy a few weeks ago; stated that the police policy needs to be changed and what would it take to make the change Octavio Laguna Rt. 1 Box 172-B Beaumont TX Extended thanks to the City Council for the support to name the bridge over the Neches River to the "Purple Heart Memorial Bridge" Open session of meeting recessed at 2:10 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Nicole Harrison Claim of Lou Davis Claim of Bobbie Jean Knighton There being no action taken in Executive Session, Council adjourned. Audio tapes are a.71 'ble upon request in the City Clerk's Office. Nancy Beau IieN Mayor Pro Tern 'A'i,G- I b wl/)U� Tina Broussard, Deputy City Clerk Page 6 of 6 Minutes-January 23,2007