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MIN FEB 13 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 Tom,Ward II Audwin Samuel,Ward III February 13,2007 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 February 13,2007, 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 1-8/Consent Agenda Consent Agenda Mayor Pro Tern Beaulieu called the council meeting to order at 1:30 p.m. Councilmember Samuel gave the invocation. Councilmember Patterson led the Pledge of Allegiance. Roll call was made by Tina Broussard, Deputy 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; Tina Broussard, Deputy City Clerk. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled agenda items 1-8/Consent Agenda. Allen Lee 5095 Maddox Beaumont TX Item #6: Asked that Council approve Sunday May 6, 2007 as an additional day for Early Voting CONSENT AGENDA Approval of minutes - Minutes of February 6, 2007 Confirmation of committee appointments - None A) Approve a contract for wastewater laboratory services within the Water Reclamation - Resolution 07-042 Minutes-February 13,2007 Councilmember Samuel made a motion to approve the Consent Agenda. Councilmember Ames seconded the motion. AYES: MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH,AMES,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving amendments to Chapter 3 of the Code of Ordinances-Ordinance 07- 013 Administration recommended approval of the amendments proposed for Chapter 3 of the Code of Ordinances related to Alcoholic Beverages. 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 Ames made a motion to ADOPT ORDINANCE 07-013 ENTITLED ORDINANCE AMENDING CHAPTER 3,SECTIONS 3-1-2, 3-3, 3-4, 3-7, 3-8 AND 3-10 AND REPEALING CHAPTER 3, SECTION 3-5 AND SUBSECTION 3-8(A) OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL;AND PROVIDING A PENALTY. Councilmember Samuel seconded the motion. AYES: MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH,AMES,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 2. Consider approving amendments to Chapter 5 of the Code of Ordinances - Ordinance 07-014 Administration recommended approval of the amendments proposed for Chapter 5 of the Code of Ordinances related to animals. 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. Page 2 of 9 Minutes-February 13,2007 Councilmember Smith made a motion to ADOPT ORDINANCE 07-014 ENTITLEDAN ORDINANCE AMENDING CHAPTER 5,ARTICLE I,SECTIONS 5-2.1,SUBSECTIONS 5-4(A)AND(c)(5)(A), (B)AND (C), SECTION 5-8, SUBSECTION 5-13 (B), SECTION 5-16, AND ARTICLE II, SUBSECTIONS 5- 19.3(A)(3)AND SECTION 5-19.4 OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL;AND PROVIDING A PENALTY.Councilmember Patterson seconded the motion. AYES: MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH,AMES,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider authorizing the receipt of an anonymous donation of J.P. Morgan Chase stock which will be sold and the proceeds used forthe Julie Rogers Theatre Project-Resolution 07-043 Administration recommended approval of a resolution authorizing the receipt of a donation of such stock, the proceeds of which are to be used for the Julie Rogers Theater project, and authorizing the City Manager to negotiate appropriate instruments of conveyance and gift, to execute all documents necessary to complete the transaction, and to establish an account with Coastal Securities to hold such stock. Coastal Securities has previously been approved as an authorized broker/dealer for the City. Proceeds from sale of the stock will be used for the Julie Rogers Theater project. Councilmember Smith made a motion to APPROVE RESOLUTION 07-043 THAT THE CITY MANAGER IS AUTHORIZED TO NEGOTIATE ALL APPROPRIATE INSTRUMENTS OF CONVEYANCE AND GIFT, TO ESTABLISH AN ACCOUNT TO RECEIVE THIS DONATION AT COASTAL SECURITIES AND EXECUTE ALL DOCUMENTS NECESSARYTO COMPLETE THE TRANSACTION. CouncilmemberAmes seconded the motion. AYES: MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider authorizing the City Manager,or his designee,the authority to notify the railroads and appropriate State and Federal agencies of the City's intent to establish quiet zones on 'the Union Pacific Railroad north and south tracks from Langham Road to Keith Road - Resolution 07-044 Administration recommended Council authorize the City Manager, or his designee, the authority to notify the railroads and appropriate State and Federal agencies of the City's intent to establish a quiet zone on the Union Pacific Railroad north and south tracks from Langham Road to Keith Road. Page 3 of 9 Minutes-February 13,2007 During the January 30, 2007, City Council Work Session, staff presented a status report regarding the establishment of quiet zones on the Union Pacific Railroad north and south tracks from Langham Road to Keith Road. In accordance with the Federal Regulations, the next step in the process is to notify the railroads and appropriate State and Federal agencies of the City's intent to establish the quiet zones. A party that receives a copy of the Notice of Intent may submit information or comments about the proposed quiet zone to the City during the 60-day period. While the comment period is underway, the City has several issues to resolve with the Texas Department of Transportation regarding the location of the medians between the railroad tracks and College Street or US 90. Additionally, TxDOT will have to agree to the construction of medians on Major Drive (FM 364). Prior to issuing the Notice of Quiet Zone Establishment, the City and TxDOT will have to install the medians at each location, curbs around the base of railroad signal equipment and appropriate signing. The installation of the above items will take approximately one(1) month, weather permitting. The estimated cost to install the medians, curb and signs at the 11 railroad crossings that intersect City streets is estimated at $5,000 to $7,500 per crossing. Funds are available in the Public Works General Fund budget. Councilmember Samuel made a motion to APPROVE RESOLUTION 07-044 THAT THE CITY MANAGER, OR HIS DESIGNEE, BE AND IS HEREBY AUTHORIZED TO NOTIFY THE RAILROADS AND APPROPRIATE STATE AND FEDERAL AGENCIES OF THE CITY'S INTENT TO ESTABLISH QUIET ZONES ON THE UNION PACIFIC RAILROAD NORTH AND SOUTH TRACKS FROM LANGHAM ROAD TO KEITH ROAD. Councilmember Ames seconded the motion. AYES: MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 5. Consider authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains, Howell/Yount Outfall Contract - VI Project for "Extra Work" - Council deferred this item for one week. 6. Consider approving the purchase of fleet vehicles through the State of Texas Cooperative Purchasing Program - Resolution 07-045 Administration recommended the State of Texas Cooperative Purchasing Program provides contracted prices on various types of vehicles to all state, county, school district, and municipal agencies within Texas. Thirty-seven (37)vehicles, budgeted in Fiscal Year 2007, are available through the State of Texas Cooperative Purchasing contract. Included in this year's budget are funds forfour (4) mid-size sedans, one (1) compact cargo van, six (6) sport utility vehicles, twenty-four (24) pickup trucks, and two (2) diesel powered truck cab and chassis with ambulance service packages. Page 4 of 9 Minutes-February 13,2007 Replacement vehicles and additions to the fleet are requested through the City's budget process. The Fleet Superintendent reviews the requests and evaluates the equipment to be replaced. Based on this evaluation, a recommendation is made to replace worn and obsolete vehicles that are no longer cost effective to operate. Thirty-four(34)of the thirty- seven (37)vehicles to be purchased are replacement vehicles. The units will replace year models ranging from 1990 to 2000. Some of the replaced vehicles may be relocated to other divisions. The remaining vehicles will be disposed of according to the City's surplus property disposal policies. The three (3)additions to the fleet include a full size sport utility vehicle for the Convention and Visitors Bureau to provide transportation for clients and to transport exhibits and promotional materials paid with hotel occupancy funds. The additions also include one (1) truck each for the Engineering and Streets and Drainage Divisions of the Public Works Department where additional vehicles are required to provide employee and equipment transportation to job sites. Funding is available as follows: Capital Reserve Fund $615,440 Water Utilities Fund 165,683 Solid Waste Management Fund 57,476 Hotel Occupancy Tax Fund 27,873 TOTAL: $866,472 Councilmember Smith made a motion to APPROVE RESOLUTION 07-045 THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF FLEET VEHICLES THROUGH THE STATE OF TEXAS COOPERATIVE PURCHASING PROGRAM IN THE AMOUNT OF$866,472. Councilmember Samuel seconded the motion. AYES: MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 7. Consider approving an ordinance amending Ordinance 07-009 to provide early voting on Sunday - Ordinance 07-015 Administration recommended including earlyvoting on Sunday,May 6,2007 at all locations between Noon and 5:00 p.m. Council passed Ordinance 07-009 on January 30, 2007, to increase the early voting locations to approve the City Clerk's Office as the Main Early Voting Location and to approve four branch early voting locations as well as to include early voting on Saturday, May 5, 2007. The City Manager made mention that the Ward IV Early Voting Branch location was incorrect, the correct polling location should be Theodore Johns Library, located at 4255 Fannett Rd., Beaumont, Texas 77705 Page 5 of 9 Minutes-February 13,2007 Early voting by personal appearance will be held as follows: Monday, April 30, 2007 8:00 a.m. to 5:00 p.m. Tuesday, May 1, 2007 7:00 a.m. to 7.00 p.m. Wednesday, May 2, 2007 8:00 a.m. to 5:00 p.m. Thursday, May 3, 2007 8:00 a.m. to 5:00 p.m. Friday, May 4, 2007 8:00 a.m. to 5:00 p.m. Saturday, May 5, 2007 8:00 a.m. to 5:00 p.m. Sunday, May 6, 2007 Noon to 5:00 p.m. Monday, May 7, 2007 8:00 a.m. to 5:00 p.m. Tuesday, May 8, 2007 7:00 a.m. to 7:00 p.m. Main Early Voting Location City Hall - City Clerk's Office 801 Main Suite 125 Beaumont TX 77701 Additional Branch Early Voting Locations are as follows: Ward I Wesley United Methodist Church 3810 N. Major Dr. Beaumont TX 77713 Ward 11 Rogers Park Community Center 1455 Dowlen Rd. Beaumont TX 77706 Ward III Sterling Pruitt Activity Center 2930 Gulf St. Beaumont TX 77703 Ward IV Lamar University Women's Gym University Dr & East Lavaca Beaumont TX 77705 The additional day of early polling locations will cost an estimated $800 more than previously estimated. Funds are available in the City Clerk's Operating Budget. Councilmember Samuel made a motion to ADOPT ORDINANCE 07-015 AMENDING ORDINANCE NO. 07-009 TO INCLUDE SUNDAY, MAY 6, 2007 AS AN EARLY VOTING DATE. Councilmember Patterson seconded the motion. AYES: MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES,SAMUELAND PATTERSON NAYS: NONE MOTION PASSED 8. Consider approving an ordinance calling the General Election for May 12, 2007 to elect a Mayor,two (2)Councilmembers-At-Large, one (1)Councilmember each for Ward I, Ward II, Ward III and Ward IV - Ordinance 07-016 Page 6 of 9 Minutes-February 13,2007 Administration recommended approving the General Election and Runoff Election, if necessary. The City Charter dictates that all elected officials shall be elected on a regular election day established by the Election Code of the State of Texas. The City of Beaumont has established the second Saturday of May to conduct this election, and will conduct a joint election with the Beaumont Independent School District and the Port of Beaumont. The City of Beaumont will elect a Mayor, two (2) Councilmembers-At-Large, four Ward Councilmembers (one each for Ward I, 11, 111 and IV). The Beaumont Independent School District will elect two (2) Trustees (one for Districts 3 and 5). The Port of Beaumont will elect one (1) Port Commissioner At- Large and one (1) Port Commissioner for Port Ward 2. Estimated expense to conduct an election is estimated at$50,000,with each entity paying an equitable share of said expenses. COuncilmember Smith made a motion to ADOPT ORDINANCE 07-016 AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, PROVIDING FOR A GENERAL ELECTION TO BE HELD ON THE 12TH OF MAY,2007 FOR THE PURPOSE OF ELECTING A MAYOR, FOUR(4)COUNCILMEMBERS(WARD I,II,III AND IV) AND TWO (2) COUNCILMEMBERS-AT-LARGE; DESIGNATING POLLING PLACES AND APPOINTING ELECTION OFFICIALS FOR SUCH ELECTION; PROVIDING THE FORM OF THE BALLOT AT SUCH ELECTION; DIRECTING THE GIVING OF NOTICE OF SUCH ELECTION; PROVIDING FOR A JOINT ELECTION WITH THE BEAUMONT INDEPENDENT SCHOOL DISTRICT AND THE PORT OF BEAUMONT; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Councilmember Patterson seconded the motion. AYES: MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED Mayor Pro Tem Beaulieu announced their would be an Executive Session held at the conclusion of the Beaumont Housing Finance Corporation portion of the meeting. WORIKSESSION ' Review and discuss plans for the Coliseum located at Fair Park Tom Warner, Public Works Director discussed that in a work session in June 2006, staff notified City Council that the Beaumont Housing Authority(BHA)would acquire approximately thirty (30) acres of Fair Park property for single and multiple family housing, the property was acquired through eminent domain in October 2006. The remaining Fair Park property includes the old Young Mens Business League (YMBL)Administration Building,the Harvest Club,the BeaumontArts League,show barns and the coliseum. All of the buildings, with the exception of the show barns, received significant damage from Hurricane Rita. Page 7 of 9 Minutes-February 13,2007 The estimated costs to repair the coliseum and YMBL building are $458,353 and $97,923, respectively, the cash insurance settlements for both are $389,600 and $65,000. Upon further consideration, the proposed use of the coliseum and it's close proximity would not be compatible with the proposed BHA's development plans. For this reason, it is recommended that the coliseum and YMBL building be demolished. COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE MAYOR PRO TEM BEAULIEU - NONE COUNCILMEMBER AMES - NONE COUNCILMEMBER SAMUEL- PLEASED THAT COUNCIL APPROVED SUNDAY AS AN ADDITIONAL DAY FOR EARLY VOTING;ASKED THAT THE CITY MANAGER SCHEDULE A WORKSESSION ON THE STERLING PRUITT ACTIVITY CENTER TO LOOK AT PROGRAMS THAT ARE GOING ON AT THE CENTER; ALSO REPORTED THAT HE AND COUNCILMEMBER PATTERSON TRAVELED TO WASHINGTON TO ATTEND THE NBC/LEO OFFICERS LEADERSHIP MEETING AND LEGISLATIVE BRIEFING COUNCILMEMBER PATTERSON - EXCITED THAT THE CITY IS PROVIDING MORE POLLING LOCATIONS TO THE CITIZENS AND GIVING THEM THE OPPORTUNITY TO VOTE ON THE WEEKEND; ENCOURAGED ALL CHURCHES TO GET THEIR MEMBERS TO THE POLLS AFTER CHURCH CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE Public Comments (Persons are limited to three minutes) Leroy Lewis 8550 Baker Rd. Beaumont TX Thanked citizens for their support; asked that their be more police patrol in the school zones; better drainage needed in Wards I, II and III as well as other city issues Dr. C.N. Reddy 308225 th St. Beaumont TX Discussed a bid his company recently bidded on Benny Mendoza 5655 S. Kenneth Beaumont TX Requested that the City look into a curve between Blanchette and Avenue F, a sign or blinking light is needed, street light repairs are needed on Laurel and Orange Page 8 of 9 Minutes-February 13,2007 Dorothy Evans 2825 Arthur Lane Beaumont TX President of the ARP Chapter 9.3, informed everyone that Lobby Day will be February 27, 2007; the Chapter will be traveling to Austin, Texas to protest the high cost of electricity, the protest will include the surrounding counties; asked that everyone support them Allen Lee 5095 Maddox Beaumont TX Thanked Council for approving Sunday as an additional Early Voting day. Thanked Dr. Smith for the 20 years she has served Council, commended Mayor Pro Tern for a job well done in the absence of the Mayor; asked everyone to keep the City Clerk, Rose Ann Jones in their prayers, she is having some medical issues at this time; repairs are needed on Steve St. which is privately owned; thanked the Fire Fighters Union for supporting the petition Open session of meeting recessed at 2:16 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: William Jenny, et al v. City of Beaumont, et al Gene E. Bates v. City of Beaumont C & I Oil Co. v. City of Beaumont The City of Beaumont v International Association of Fire Fighters, Local Union 399 There: being no action taken in Executive Session, Council adjourned. Audio tapes are available upon request in the City Clerk's Office. r� Ma or Pro Tim anc—yT3eaulieu Tina Broussard, Deputy City Clerk Page 9 of 9 Minutes-February 13,2007