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MIN AUG 21 2007 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr.,At-Large BECKY AMES, MAYOR Gethrel Williams-Wright,At-Large Dr. Alan B. Coleman,Ward I CITY COUNCIL MEETING Nancy Beaulieu,Ward II Audwin Samuel, Mayor Pro Tom Ward III August 21,2007 Jamie Smith,Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on August 21, 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- 3/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor James Blackwell of South Park Baptist Church gave the invocation. Erin and Adam Apodaca led the Pledge of Allegiance. Roll call was made by Tina Broussard; City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Samuel, Councilmembers Coleman, Beaulieu, Wright, Pate, and Jamie Smith. Also present were Kyle Hayes; City Manager, Tyrone Cooper; City Attorney, Tina Broussard; City Clerk. Proclamations, Presentations, Recognitions "Celebration for Women Week" - Proclamation read by Mayor Ames; accepted by Alma Garza Cruise, Pioneer Woman President Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda. Hattie Rubin 1417 Church St. Beaumont TX Item#3 - Request that Council grant more time to citizens that have FEMA trailers on their properties CONSENT AGENDA Approval of minutes - August 14, 2007 Confirmation of committee appointments - None A) Authorize the City Manager to execute an amendment to the Interlocal Agreement with Drainage District No. 6 for the Hayes Gully Drainage Project - Resolution 07-243 Minutes-August 21,2007 A) Authorize the City Manager to execute an amendment to the Interlocal Agreement with Drainage District No. 6 for the Hayes Gully Drainage Project - Resolution 07- 243 B) Approve a change order related to the Convention and Visitor's Bureau Project-Resolution 07- 244 C) Authorize the settlement of the claim of Elizabeth Wrighting as Parent and Guardian of a Minor, Quentaxia Wrighting - Resolution 07- 245 D) Authorize the settlement of the claim of Aurora Hector as Parent and Guardian of a Minor, Ebony Johnson - Resolution 07- 246 Councilmember Wright made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE, AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider rescheduling a public hearing on the tax rate. Administration recommended Council reschedule a public hearing on the tax rate to September 11, 2007 at 1:30 p.m. in the Council Chambers. On August 14, 2007, Council scheduled two public hearings on the tax rate to be held on August 28, 2007 and September 4,2007. A work session has been planned for September 4, 2007 on the Proposed FY 2008 Budget and proposed tax rate. The citizens of Beaumont will be better served to have the public hearings on the tax rate after they have had an opportunity to attend the work session. For this reason,the public hearing that was originally scheduled for August 28, 2007 be rescheduled to September 11, 2007. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT RESOLUTION NO. 07-236 BE AND THE SAME IS HEREBY AMENDED TO SCHEDULE THE PUBLIC HEARINGS ON THE TAX RATE TO BE HELD ON SEPTEMBER 4,2007 AND SEPTEMBER 11, 2007 AT 1:30 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 801 MAIN STREET, BEAUMONT, TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE, AND SMITH NAYS: NONE Page 2 of 7 Minutes-August 21,2007 MOTION PASSED Resolution 07- 247 2. Consider approving a contract for the purchase of water treatment chemicals. Administration recommended award of an annual contract to various vendors as reflected below for purchasing water treatment chemicals at the unit costs stated below with an estimated total annual expenditure of approximately $218,840. Vendor Chemical Est. Prior Contract Current Bid Total Qty. Price Price Price GEO Specialty Aluminum Sulfate 1,000 $147.00 /ton $146.00 /ton $146,000 Chemicals tons Little Rock, AR Univar USA Fluorosilicic Acid 65 $295.00 /ton $396.00 /ton $25,740 Dallas, TX tons Southern Ionics Inc. Aqua Ammonia 60 $473.22 /ton $621.00 /ton $37,260 West Point, MS tons Polydyne Inc. Liquid Polymer 12,000 $0.9450 /lb $0.82 / lb. $9,840 Riceboro, GA lbs. TOTAL ESTIMATED ANNUAL EXPENDITURE: $218,840 These chemicals are used to disinfect and purify the water supply. Funds are available for this expenditure in the Water Utilities Department's operating budget. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE BUD SUBMITTED FOR AN ANNUAL CONTRACT TO PURCHASE WATER TREATMENT CHEMICALS FOR USE BY THE WATER UTILITIES DEPARTMENT FOR AN ESTIMATED TOTAL COST OF$218,840 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE, AND SMITH NAYS: NONE MOTION PASSED Resolution 07- 248 WORKSESSION Review and discuss FEMA Trailer Issue Page 3 of 7 Minutes-August 21,2007 Chris Boone, Developments Services Manager discussed the FEMA trailers with Council, in the wake of Hurricane Rita, the City Council did relax its prohibition for FEMA trailers in residential zones, since that time Council has extended that waiver and the final extension would expire on September 20,2007. Currently there are about 169 of the original 400 FEMA travel trailers that are located in front yards or side yards that are being occupied. What is being proposed at this time is to offer another 60 day extension for occupancy of the travel trailers, and also setup a process where citizens can come to City Council to ask for an additional 6 months based on one or more of three criteria: First - the citizen is working on their home based on a City of Beaumont permit Second - the citizen would be in active litigation with their Insurance company Third-the citizen has applied with the City of Beaumont,the Southeast Texas Regional Planning Commission or the Texas Department of Housing and Community Affairs for disaster recovery funds Applications would go to the Planning Commission office, documentation would be gathered and forwarded to the Council for a decision to made. Applications should be filed by October 16. 3. Consider approving an ordinance allowing for an additional sixty days for the parking, use and occupancy of recreational vehicles and travel trailers on residential property as temporary living quarters by property owners while the damage to these properties caused by Hurricane Rita is being repaired and allowing occupancy for an additional six-months for those occupants approved by City Council who have demonstrated progress on the repair or reconstruction of their homes. Administration recommended approval of an ordinance allowing for an additional sixty days for the parking, use and occupancy of recreational vehicles and travel trailers on residential property as temporary living quarters by property owners while the damage to these properties caused by Hurricane Rita is being repaired. Also, this ordinance would allow occupancy for an additional six-months for those occupants making progress on the repair or reconstruction of their homes. In the wake of 2005's Hurricane Rita, FEMA provided temporary housing in the form of travel trailers. In Beaumont,travel trailers used as a residence are prohibited in neighborhoods as these dwellings rapidly depreciate in value and can adversely affect surrounding neighborhoods. However,the City Council approved an ordinance allowing the use of these FEMA trailers for six months and subsequent ordinances have been approved, extending the ordinance waiver until September 20, 2007. Almost two years since the storm, 169 FEMA trailers remain in the City of Beaumont. In some cases, repairs have been or are being made to the resident's home. However, in many cases, no repairs have been made and in some cases the original homes have been demolished. Page 4 of 7 Minutes-August 21,2007 This proposed ordinance would allow all occupants to remain in the trailers for sixty days from the date of adoption of this ordinance. Those applicants who are making significant progress toward the repair or reconstruction of their homes could apply to the City Council for permission to remain in the travel trailers for an additional six-months. Significant Progress would be defined as actively working on the home, being in active litigation with an insurance carrier or applying to the City or the Texas Department of Housing and Community Affairs for disaster recovery funding. Each application for a six-month extension would be heard and reviewed by the City Council.Applications for an extension will be available in City Hall, Suite 205 - Planning Division, and online at www.cityofbeaumont.com. Mayor Pro Tern Samuel made a motion to ADOPT A ORDINANCE ENTITLED AN ORDINANCE ALLOWING FOR IN CERTAIN SITUATIONS OUTLINED HEREIN,THE PARKING,USE AND OCCUPANCY OF RECREATIONAL VEHICLES OR TRAVEL TRAILERS AS TEMPORARY LIVING QUARTERS ON RESIDENTIAL PROPERTY DURING THE PERIOD OF REPAIR AND RECONSTRUCTION OF DAMAGE TO PROPERTY CAUSED BY HURRICANE RITA; ESTABLISHING CRITERIA FOR SUCH SITUATIONS; PROVIDING FOR SEVERABILITY;AND PROVIDING A PENALTY. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE, AND SMITH NAYS: NONE MOTION PASSED Ordinance 07- 082 COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - NONE COUNCILMEMBER BEAULIEU- THANKED THE STAFF AND ALL CITY-WIDE EMPLOYEES FOR THE EVACUATION AND PLANNING OF HURRICANE DEAN, THANKED THE MAYOR AND MAYOR PRO TEM FOR ALL OF THEIR TIME, ALSO GREAT TO BE A PART OF A GOOD TEAM COUNCILMEMBER WRIGHT- THANKED MAYOR AND MAYOR PRO TEM FOR ALL THAT THEY DID TO PREPARE FOR THE HURRICANE, COMMENTED ON HER VOTE REGARDING THE FIRST OUT FRESH START PROGRAM,ENCOURAGED EVERYONE TO ATTEND THE SOME OTHER PLACE"TASTING"AT THE BEAUMONT CIVIC CENTER, ENCOURAGED EVERYONE TO MAKE DONATIONS TO THE SALVATION ARMY, THANKED EVERYONE THAT SUPPORTED HER IN THE MUSCULAR DYSTROPHY LOCKUP Page 5 of 7 Minutes-August 21,2007 COUNCILMEMBER PATE - CONGRATULATED COUNCILMEMBERS WRIGHT AND BEAULIEU ON BEING A PART OF THE PIONEER WOMEN, AS WELL AS THE NINE THAT WILL BE HONORED ON THURSDAY, ANNOUNCED THAT THE WILLOW CREEK NEIGHBORHOOD ASSOCIATION WILL BE MEETING AT THE BRENTWOOD COUNTRY CLUB ON TUESDAY NIGHT, THE TERRELL PARK NEIGHBORHOOD ASSOCIATION WILL MEET ON THURSDAYAT 6:30P.M.AT THE THEODORE JOHNS LIBRARY,COMMENTED ON SOME OTHER PLACE "TASTING" AT THE BEAUMONT CIVIC CENTER, AND THE 25TH ANNUAL CHARLIE PRUITT SHOW MAYOR PRO TEM SAMUEL - ANNOUNCED THE NORTH END CLEAN UP PROJECT ON SATURDAY MORNING FROM 8:30 A.M. TO 1:00 P.M., PLEASE MEET AT THE ST. LUKE BAPTIST CHURCH, ASSIGNMENT WILL BE GIVEN FROM THAT LOCATION, COMMENDED THE MAYOR ON HER LEADERSHIP ROLE DURING THE POSSIBLE EVENT OF A DISASTER WITH HURRICANE DEAN, THANKED TIM OCNASCHEK, THE POLICE DEPARTMENT,FIRST RESPONDERS,FIRE,AND POLICE,ALSO IMPRESSED WITH THE COMMAND CENTER THAT WAS PUT IN PLACE COUNCILMEMBER SMITH - ANNOUNCED THAT THE TOP LADIES WILL SPONSOR A SCHOOL DRIVE FOR THE KIDS AT THE MASONIC LODGE ON SATURDAY AT 10:00 A.M. CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR AMES - THANKED EVERYONE FOR ALL OF THEIR HARD WORK DURING THE POSSIBLE THREAT OF HURRICANE DEAN Public Comments (Persons are limited to three minutes) Frank Kiefer 3190 Willowood Beaumont TX Thanked Mayor Ames for answering his request for the repairs on 11th St.,also asked that all citizens and employees adhere to the ordinance that was passed in the previous administration to use their turn signals Bruce Hoffer 2615 Gladys Beaumont TX Thanked Council for the repairs on 11th St. between Delaware and I H 10,commented on the Chris Quinn Soccer Complex, commented about a soccer tournament this weekend, also wanted Council to know that in 2009 the City may be hosting a college soccer tournament, reminded everyone to attend the Some Other Place"Tasting"at the Beaumont Civic Center Page 6 of 7 Minutes-August 21,2007 Brenda Holmes Gilbert 10745 Johnson Rd. Beaumont TX Stated that she is still waiting on a written response from the City of Beaumont regarding the Gilbert building There being no Executive Session, Council adjourned at 2:35 p.m. Audio recordings are available upon request in the City Clerk's Office. Becky Ames, or Z1. ´┐ŻAV Tina Broussard, City Clerk w i i i 11111 Page 7 of 7 Minutes-August 21,2007