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HomeMy WebLinkAboutMIN NOV 04 2008 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 Tern,Ward III November 4, 2008 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 November4,2008, 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 7-15/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. Mayor Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tem Samuel, Councilmembers Coleman, Beaulieu, Wright and Pate. Absent: Councilmember Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Councilmember Smith was absent due to Elections Proclamations, Presentations, Recognitions None Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on scheduled agenda items 7-15/Consent Agenda. Ellen Rienstra 6150 Clifton Beaumont TX Spoke on item#7, asked that council approve the abandonment of a portion of Chinn Lane Gary Cantue 4150 Crow Rd. Beaumont TX Spoke on item #7, abandonment of a portion of Chinn Lane Minutes-November 4,2008 Denzil Thompson 600 Marina Street Beaumont TX Spoke on item#14, asked that council approve the amendment to the lease agreement with the industrial safety training council CONSENT AGENDA Approval of minutes - October 21, 2008 Confirmation of committee appointments - Resolution 08 - 286 Reverend John Adolph would be appointed to the Convention and Tourism Advisory Committee. The appointment would commence November 4,2008 and expire November 3, 2010. (Councilmember Jamie D. Smith) A) Authorize the City Manager to execute all documents necessary to accept the project titled"FY 09 Safety Traffic Enforcement Program (S.T.E.P.) Waves" - Resolution 08 - 287 B) Authorize the City Manager to execute all documents necessary to continue to maintain the Police Substation at Parkdale Mall - Resolution 08 - 288 C) Authorize the City Manager to execute all documents necessary to accept grant funding from the Department of State Health Services (DSHS) for the EMS-Local Projects Grant - Resolution 08 - 289 D) Authorize the City Manager to execute an agreement for temporary workers for clean up, restoration and humanitarian efforts that are necessary as a direct result of recovery efforts associated with the Hurricane Ike disaster - Resolution 08 - 290 E) Authorize the reallocation of monies from the Clearance and Demolition Line Item to the Public Services Line Item of the 2008 Community Development Block Grant Budget to fund Experience Corps of Southeast Texas - Resolution 08 - 291 F) Authorize the acquisition of property for the Old Dowlen Road - Resolution 08 - 292 G) Authorize the settlement of the lawsuit of Scott Lisenby, et al v.The City of Beaumont, et al- Resolution 08 - 293 H) Authorize the purchase of a drainage easement as part of the Calder Avenue Drainage Project - Resolution 08 - 294 Mayor Pro Tern Samuel made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE Page 2 of 17 Minutes-November 4,2008 NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a request for a specific use permit to allow a drinking place (bar) in a GC-MD (General Commercial-Multiple Family Dwelling) District at 3684-B College Street. Administration recommended approval of the request. John Wilson, representing R & W Inc., has applied for the specific use permit. Mr.Wilson states that the bar will be known as The Ticket Sports Bar and Club. It will operate between the hours of p.m. and 2 a.m., Monday-Sunday. The operation will consist of a full service bar, an area for pool tables, dart boards. At a Joint Public Hearing held October 20, 2008, the Planning Commission recommended approval 5:0 of a specific use permit to allow a drinking place (bar) in a GC-MD (General Commercial-Multiple Family Dwelling) District at 3684-B College Street. Mayor Pro Tern Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE(BAR)IN A GC-MD(GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT FOR THE PROPERTY LOCATED AT 3684-B COLLEGE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Ordinance 08 - 094 2. Consider a request for a specific use permit to allow an attorney's office in a RCR (Residential Conservation and Revitalization) District at 2325 Liberty. Administration recommended approval of the request. Suzanne Wohleb has applied for the specific use permit. Ms.Wohleb states that she and her husband will be renting the space for their law offices. The Wohlebs practice primarily in the areas of Family Law and Criminal Defense. Regular hours of operation will be from 8:00 a.m. - 5:00 p.m., Monday - Friday. Page 3 of 17 Minutes-November 4,2008 At a Joint Public Hearing held October 20, 2008, the Planning Commission recommended approval 5:0 of a specific use permit to allow an attorney's office in the RCR (Residential Conservation and Revitalization) District at 2325 Liberty. Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN ATTORNEY'S OFFICE IN A RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 2325 LIBERTY IN THE CITYOF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT AND PATE NAYS: NONE MOTION PASSED Ordinance 08 - 095 3. Consider a request for a specific use permit to allow a cosmetic company in a GC-MD (General Commercial-Multiple Family Dwelling) District at 75 N. Major Drive. Administration recommended approval of the request. Tammy Powell, CEO of The Invisible Armor, Inc., has applied for the specific use permit. Ms. Powell states that the 23,956 sq. ft. building will consist of areas dedicated to the receiving, filling and shipping of cosmetic products, the company's corporate offices and office lease space. 14,000 sq.ft.will be dedicated to receiving finished formulations in totes and 55 gallon drums. At a Joint Public Hearing held October 20, 2008, the Planning Commission recommended approval 5:0 of a specific use permit to allow a cosmetic company in a GC-MD (General Commercial-Multiple Family Dwelling) District at 75 N. Major Drive. Mayor Pro Tern Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A COSMETIC COMPANY IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED AT 75 N.MAJOR DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Page 4 of 17 Minutes-November 4,2008 Ordinance 08 - 096 4. Consider a request for a specific use permit to allow a tattoo parlor in the CBD (Central Business District) at 665 Orleans. Administration recommended denial of the request. Calvary Enterprises, dba Divine Ink Gallery, has applied for the specific use permit. On June 9, 2008 Jason and Andrea Boever a pp lied for a certificate of occupancy t o allow the operation of a tattoo shop and beauty salon and spa at the site of a former beauty school. The certificate of occupancy was approved for the beauty salon only. However, the Planning Manager told the Boevers that a tattoo shop that applied body art would require a specific use permit. On July 22,2008,the Boevers were notified by certified mail that the City had conducted an investigation and found that a tattoo shop was illegally operating at 665 Orleans. Advertising for the business states that custom tattooing is one of the services provided. Despite their agreement to not offer tatoos at the time of the application to the City and warnings from the City's Zoning Inspector,the operators continued to sell tattoos and advertise extensively for such a service. At a Joint Public Hearing held October 20, 2008, the Planning Commission recommended denial 4:1 of a specific use permit to allow a tattoo parlor in the CBD (Central Business District) at 665 Orleans. Councilmember Coleman made a motion to DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A TATTOO PARLOR IN THE CBD (CENTRAL BUSINESS DISTRICT) FOR PROPERTY LOCATED AT 665 ORLEANS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED 5. Consider a request for an amendment to Section 30, City of Beaumont Zoning Ordinance to allow temporary and permanent batching plants with a specific use permit in a LI (Light Industrial) District. Administration recommended approval of the request. Due to the environmental hazards that temporary and permanent batching plants can cause, the Community Development Department has requested that the Chapter 30, City of Beaumont Zoning Ordinance, be amended to only allow temporary and permanent batching plants within the LI(Light Industrial)District with a specific use permit and within the HI (Heavy Industrial) District by right. Page 5 of 17 Minutes-November 4,2008 Currently, temporary batching plants are permitted in the A-R (Agricultural-Residential) District with a specific use permit and within the LI and HI Districts by right. Permanent batching plants (SIC 353) are permitted with a specific use permit in LI and by right in HI. However, Sec. 30-33, Special Condition#18, allows all uses permitted in SIC Group 35 to be located in the GC-MD, CBD and C-M Districts with a specific use permit and subject to a number of conditions. The recommended changes to Chapter 30, Zoning Ordinance, are as follows: Sec. 30-24B, Permitted Use Table Delete temporary batching plants (SIC 295 and SIC 3273) from the A-R District. Change temporary batching plants (SIC 295 and SIC 3273)from permitted by right to permitted with specific use permit in the LI District. Sec. 30-33, Special Conditions (b) 18. The land uses listed under SIC Group numbers 20 through 26, 30 through 32, 34, 35, 37 and 44 shall be permitted within the GC-MD, CBD and C-M zoning districts if, 1) granted a specific use permit and 2) comply with the following conditions: a. All business related activities including storage of material and equipment shall be conducted within a completely enclosed structure. b. All lighting shall be situated so as not to cast or reflect light on any residential property. C. A Traffic Circulation Plan,showing all parking,drives, loading/unloading areas, and curb cuts and truck routes shall be submitted to the City Engineer for his approval. The City Engineer may, as a condition of approval of the Traffic Circulation Plan, restrict the size of trucks parked on the site or involved in deliveries and pickup. The City Engineer may also designate or restrict truck routes. d. The maximum gross floor area for any,lot or premise shall be five thousand (5000) square feet. e. Signs shall comply with the sign requirements for the NC, Neighborhood Commercial District. f. Industrial Performance Standard as specified in Section 30-31 will be applicable. g. Special Condition 18 shall not apply to temporary batching plants (SIC 295 and SIC 3273) and permanent batching plants (SIC 353). Page 6 of 17 Minutes-November 4,2008 At a Joint Public Hearing held October 20, 2008, the Planning Commission recommended approval 5:0 of an amendment to Section 30, City of Beaumont Zoning Ordinance to allow temporary and permanent batching plants with a specific use permit in the LI(Light Industrial) District. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 30,SUBSECTION 30-24(b),PERMITTED USE TABLE,TEMPORARY BATCHING PLANTS, AND SUBSECTION 30-33(b)18, SPECIAL CONDITIONS, PROVIDING FOR TEMPORARY BATCHING PLANTS IN LI(LIGHT INDUSTRIAL)DISTRICTS;PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Ordinance 08 - 097 6. Consider a request for a general land use and a specific use permit to allow 250 apartments in the PUD(Planned Unit Development)District located on the west side of N. Major between the LNVA Canal and Perl Road. Administration recommended approval of the request for a general land use and a specific use permit to allow 250 apartments in the PUD(Planned Unit Development)District located on the west side of N. Major between the LNVA Canal and Perl Road. Leonard Kirtman, representing Global Ventures, Inc., has applied for a general land use plan and a specific use permit. Mr. Kirtman states that approximately 34 acres with frontage on Major will consist of 250 apartment units. Mr. Kirtman initially requested 34 acres of retail and office uses, approximately 69 acres developed with 1,000 apartment units and 10-20 acres of open space available to the community for recreation and amenities. The Planning Commission recommended denial of this concept based upon traffic concerns. Mr. Kirtman has now submitted a letter stating that he would like to reduce Phase One to include the construction of 250 apartment units on the 34 acres previously designated for commercial. This initial phase should take approximately two to three years to complete. Mr. Kirtman states that he has no plans at this time to build additional apartments or any commercial and understands that City Council would have to approve any future development. At a Joint Public Hearing held October 20, 2008, the Planning Commission recommended denial 3:2 of a general land use and a specific use permit to allow retail and general office uses and apartments in the PUD (Planned Unit Development) District located on the west side of N. Major between LNVA Canal and Perl Road. Page 7 of 17 Minutes-November 4,2008 Approval is recommended of the request subject to the following condition: 1. Future phases will require that a traffic impact study be submitted with an application for a general land use plan and a specific use permit. Councilmember Coleman made a motion tO ADOPTAN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW RETAIL AND GENERAL OFFICE USES AND APARTMENTS IN A PUD(PLANNED UNIT DEVELOPMENT) DISTRICT FOR PROPERTY LOCATED ON THE WEST SIDE OF NORTH MAJOR DRIVE BETWEEN THE LNVA CANAL AND PERL ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Pate seconded the motion. AYES; MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Ordinance 08 - 098 7. Consider a request to abandon a portion of Chinn Lane. Administration recommended approval of the request to abandon a portion of Chinn Lane. Capital One, N.A., agent for Rosedale Ventures, LP, has requested the abandonment. Chinn Lane, east of Walker, is an improved street. In 1981,the City of Beaumont accepted the right-of-way from the neighboring property owners for the purpose of extending Chinn to Major. However,that portion of Chinn, between Major and Walker was never improved and the City now has no intention of constructing the street. Because the City is not going to construct the street,the property owners to either side of the subject property have requested that this portion of Chinn be abandoned. At a Regular Meeting held October 20, 2008, the Planning Commission recommended approval 5:0 to abandon a portion of Chinn Lane subject to the following conditions: • Retain an exclusive 20' sanitary sewer easement. • The easement will need to be prepared, signed and sealed by a State of Texas Registered Professional Land Surveyor. • No structures or appurtenances shall be placed within the easement property. • Water Utilities will not be responsible for any surface restoration if any sanitary sewer main repairs are necessary. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ABANDONING A 1.67 ACRE PORTION OF CHINN LANE BETWEEN MAJOR DRIVE AND WALKER ROAD IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Coleman seconded the motion. Page 8 of 17 Minutes-November 4,2008 AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Ordinance 08 - 099 8. Consider a request to abandon a utility easement located on the property at 1550 I1-1-10 East. Administration recommended approval of the request. Montgomery and Associates has applied for the abandonment of a utility easement located on the property at 1550 IH-10 E. The property is the site of a former Burger King restaurant. Jack in the Box restaurant is leasing the site and will redevelop the property. Under the current configuration,the surface of the easement was paved over and used for driveway and parking purposes. Jack in the Box intends to redevelop the site with improvements overlaying the platted easement. At a Regular Meeting held October 20, 2008, the Planning Commission recommended approval 5:0 to abandon a utility easement located on the property at 1550 IH-10 E. Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ABANDONING A 10' X 100' UTILITY EASEMENT LOCATED AT 1550 IH-10 EAST IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Ordinance 08 - 100 9. Consider authorizing the City Manager to execute an Industrial District Contract with Sartomer Company. Administration recommended approval of a resolution authorizing the City Manager to execute an Industrial District Contract with Sartomer Company. Industrial District Contracts enable the City to collect payments in lieu of taxes from industries located outside the city limits. Page 9 of 17 Minutes-November 4,2008 Previously, Goodyear Tire and Rubber Company, whom we have an industrial agreement with, sold part of its operations to Sartomer Company. The City is entering into an initial industrial contract with Sartomer Company that will be effective January 1,2009. The in-lieu of tax payment will be based on a ratio of 80% of property taxes due to the City as if the industry were located within the city limits in 2009 through 2011 and 75%of property taxes due to the City in 2012 through 2015. The 2009 payment by Sartomer will be calculated based on 80%of the assessed value multiplied by the tax rate effective on October 1,2008. Sartomer Company's FY 2009 payment is estimated to be$147,500 of the$15,782,000 of industrial payments expected in FY 2009. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DISTRICT CONTRACT WITH SARTOMER COMPANY. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 08 - 295 10. Consider approving an agreement for public adjusting services for insured losses associated with the Hurricane Ike disaster. Administration recommended authorizing the City Manager to execute an agreement with National Fire Adjustment Co., Inc. (NFA), headquartered inAmherst, New York,forproviding public adjusting services to the City for insured losses associated with the Hurricane Ike disaster. During Hurricane Ike, the City sustained approximately $3M in damages to City facilities. The damages caused by Hurricane Ike were not as devastating in comparison to losses from Hurricane Rita, however claims will be filed with the City's current insurance provider for all damages. Claims that are not eligible or denied will be filed for reimbursement by FEMA. City staff was quick to access all or most of the damage caused by Hurricane Ike. Photographs were documented with a damage assessment. This information will greatly assist both the insurance carrier's adjuster and the public adjuster to process and file claims and provide the necessary information for filing claims with FEMA. A public adjusting firm works for the insured, not the insurance company. The adjusting firm handles every detail of the claim, working closely with the insured to provide the most equitable and prompt settlement possible. They inspect the loss site, analyze damages, assemble claim support data, review the insured's coverage,determine current replacement costs, and work with the insurance company to expedite the claim's settlement. Page 10 of 17 Minutes-November 4,2008 NFA provided public adjusting services to the City of Beaumont following Hurricane Rita in 2005. The company has been in business since 1922 and is the largest public adjusting firm in the United States and Canada. In the past eight decades, NFA has served more than 40,000 clients and handled loss adjustment claims worth hundreds of millions of dollars. NFA agreed to provide the adjusting services for the same fee of six percent(6%)of the loss when adjusted or otherwise recovered. The firm does not receive any compensation until the City's loss is paid by the insurance company. Services fees are 6% of the recovered loss. All fees will be paid from recovered insurance proceeds. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT WITH NATIONAL FIRE ADJUSTMENT CO., INC. (NFA), OF AMHERST, NEW YORK, TO PROVIDE PUBLIC ADJUSTING SERVICES TO THE CITY FOR INSURED LOSSES ASSOCIATED WITH THE HURRICANE IKE DISASTER. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 08 - 296 11. Consider approving a contract for street, drainage and sidewalk improvements on various streets in the downtown area (Park, Neches, N. Pearl, College, Wall, Forsythe, Fannin, Bowie, Liberty and Broadway). Administration recommended authorizing the award of a contract for Brick Paved Sidewalks and Drainage Improvements, in the Downtown, to Brystar Contracting in the amount of $8,595,437.53. On September 24, 2008, the City of Beaumont received two (2) bids for the Brick Paved Sidewalks and Drainage Improvements. The work included in this project consists of the installation of brick paved sidewalks, decorative street lighting and traffic signal poles and street surfacing. This project, in conjunction with the Calder Street Project and Block 58 Projects currently under construction and the anticipated first quarter 2009 start of construction for the Willow Street Project,will complete the improvements initially proposed for the downtown area. The Minority Business Enterprise(MBE)goal will be met with subcontracts with Whole Sale Electric and Kellystone Inc.in the total amount of$2,200,000.00 representing 25.59%of the contract amount. Funds are available in the Capital Program. Page 11 of 17 Minutes-November 4,2008 Councilmember Pate made a motion to APPROVE RESOLUTION THAT THE BID SUBMITTED BY BRYSTAR CONTRACTING OF BEAUMONT,TEXAS, FOR A CONTRACT FOR THE DOWNTOWN BRICK PAVED SIDEWALKS AND DRAINAGE IMPROVEMENTS IN THE AMOUNT OF $8,595,437.53 BE ACCEPTED BY THE CITY OF BEAUMONT. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 08 - 297 12. Consider accepting the Grand Recap of the tax roll for the tax year 2008(Fiscal Year 2009). Administration recommended the acceptance of the Grand Recap of the tax roll for the tax year 2008 with a taxable value of $6,332,199,832. Pursuant to the Texas Property Tax Code, Section 26.09, this recap must be approved by the City Council. On September 30, 2008, Council approved the tax roll as certified by the Jefferson County Appraisal District with a taxable value of$6,332,199,832.There is no change in the taxable value of the Grand Recap. Property tax revenues in the FY 2009 Budget were calculated based on this taxable value at a collection rate of 97%and the amount of$26,651,000 is budgeted in the General Fund and $12,659,000 is budgeted in the Debt Service Fund. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL, PURSUANT TO THE TEXAS PROPERTYTAX CODE,SECTION 26.09,HEREBY APPROVES THE GRAND RECAP OF THE TAX ROLL FOR THE TAX YEAR 2008 (FY 2009) WITH A TAXABLE VALUE OF $6,332,199,832. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 08 - 298 13. Consider approving a contract for the purchase of Sodium Hydroxide for use by the Water Utilities Department. Page 12 of 17 Minutes-November 4,2008 Administration recommended the award of a contract to FSTI, Inc., of Manor, Texas, in the amount of $208,600. Bids were requested for a three (3) month contract to supply Sodium Hydroxide for use by the Water Utilities Department to purify the City's water supply. The contract is to furnish Sodium Hydroxide to the Water Utilities Department at the fixed unit rate of$1,043 per ton. The previous vendor was Simply Aquatics, Inc.,of Kirbyville,Texas, at a price of$995 per ton. The Water Utilities Department expects to purchase two hundred (200) tons during the three (3) month contract. Funds are available for this expenditure in the operating budget of the Water Utilities Department. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY FSTI, INC., OF MANOR, TEXAS, FOR THE PURCHASE OF 200 TONS OF SODIUM HYDROXIDE AT THE FIXED UNIT RATE OF$1,043 PER TON FOR A TOTAL COST OF$208,600 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 08 - 299 14. Consider approving an amendment to the Lease Agreement with the Industrial Safety Training Council (ISTC). Administration recommended amending the 2004 Lease Agreement with the Industrial Safety Training Council (ISTC) and the City of Beaumont to address losses caused by Hurricane Ike on September 13, 2008. City Council approved the existing 30-year Lease Agreement with ISTC on July 27, 2004. That Lease provides for ISTC to lease the facilities as well as manage and operate the Beaumont Fire Training Grounds located at 600 Marina Drive. ISTC provides site-specific training for approximately 49 different refineries, petrochemical plants, offshore marine facilities, paper mill plants, and energy-producing facilities. Terms of the current Lease Agreement relieves the City of all responsibility for maintenance, capital costs and operation of the property. As of today's date, the current monthly rental payment is $12,346.41. On September 13,2008 Hurricane Ike hit the Beaumont area and caused extensive damage at the Fire Training Grounds. Due to the current condition of the Fire Training Grounds, ISTC is not renting the Grounds or conducting training sessions at this time. To assist ISTC in its efforts to bring the Grounds back to their condition prior to Hurricane Ike, the City Page 13 of 17 Minutes-November 4,2008 recommends an Amendment to the existing Agreement in which the monthly rental payments would be deferred for a period of six (6) months. The deferment would begin October 1, 2008 and end March 31,2009. The remaining terms and conditions of the Lease Agreement will remain unchanged,except the term of the Agreement shall be extended by six(6)months. Monthly rental payments will be deferred for a period of six(6)months,at which time the full payments will resume in accordance with the Lease Agreement. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT WITH ISTC DEFERRING MONTHLY INSTALLMENTS FOR A PERIOD OF SIX(6) MONTHS BEGINNING OCTOBER 1, 2008, AND ENDING MARCH 21, 2009 AND THAT THE LEASE TERM BE EXTENDED BY SIX (6) MONTHS. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS BEAULIEU, WRIGHT AND PATE NAYS: COUNCILMEMBER COLEMAN MOTION PASSED Resolution 08 - 300 15. Consider approving a contract for the Archive Building Addition to the Tyrrell Historical Library. Administration recommended the award of a bid to N &T Construction of Beaumont in the amount of $1,799,000. Four(4)bids were received on Thursday, October 23,2008 for the construction of an archive building addition to the Tyrrell Historical Library. The annex will house the Library's growing collection of photographs, maps, records, and papers documenting the history of Beaumont and Southeast Texas. Architects David Hoffman and Milton Bell designed the historically compatible facility that will be constructed on the north side of the Tyrrell Historical Library. N & T Construction is a City certified Minority Business Enterprise. The project will commence in December and be completed by November 2009. Funds for this project are budgeted in the Capital Program. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY N $ T CONSTRUCTION OF BEAUMONT, TEXAS, IN THE AMOUNT OF $1,799,000 FOR CONSTRUCTION OF AN ARCHIVE BUILDING ADDITION TO THE TYRRELL HISTORICAL LIBRARY BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Coleman seconded the motion. Page 14 of 17 Minutes-November 4,2008 AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU AND WRIGHT NAYS: NONE MOTION PASSED Resolution 08 - 301 COUNCILMEMBER COMMENTS MAYOR PRO TEM SAMUEL - ANNOUNCED A MEETING OF THE REVITALIZED NEIGHBORHOOD ASSOCIATION "HEART OF THE CITY", THEY WILL MEET ON MONDAY, NOVEMBER 17, 2008 AT 6:30.P.M.,AT THE ARTS STUDIO,REQUESTED CITY STAFF FROM THE HEALTH DEPARTMENT, CODE ENFORCEMENT AND THE POLICE DEPARTMENT BE PRESENT AT THE MEETING, WELCOMED GREG PRATT, BEAUMONT POLICE OFFICER, BACK FROM IRAQ COUNCILMEMBER PATE - COMMENTED ON THE TEXAS MUNICIPAL LEAGUE CONFERENCE, ENCOURAGED ALL CITIZENS TO GET OUT AND EXERCISE THEIR RIGHT TO VOTE COUNCILMEMBER WRIGHT- COMMENTED ON THE TEXAS MUNICIPAL LEAGUE CONFERENCE, REQUESTED A WORKSHOP ON THE DOWNTOWN PROJECTAND THE CONCORD ROAD PROJECT, ENCOURAGED EVERYONE TO GET OUT AND VOTE IN THIS HISTORICAL ELECTION COUNCILMEMBER BEAULIEU - COMMENTED ON THE "NOTHING BUT NETS" TRIP THAT COUNCILMEMBER COLEMAN WILL BE TAKING AND WANTED TO RECOGNIZE SEVERAL OTHER CITIZENS THAT WILL BE TRAVELING ON THE THIS TRIP AS WELL, THOSE CITIZENS ARE JOSH HAIL AND MARK BUNCH,MEMBERS OF WESLEY UNITED METHODIST CHURCH,AND DONNA SIAS,MEMBER OF MCCABE ROBERTS AVENUE UNITED METHODIST CHURCH,WISHED EVERYONE A SAFE JOURNEY AND A SAFE RETURN HOME, THANKED ALL POLL WORKERS THAT ARE WORKING AND VOLUNTEERING THEIR TIME FOR THE ELECTION COUNCILMEMBER COLEMAN- CONGRATULATED PASTOR PATRICK CANTUE ON HIS NEW CHURCH AND EXPANDING HIS MINISTRY, COMMENTED ON THE ADDITION TO THE TYRRELL HISTORICAL LIBRARY Page 15 of 17 Minutes-November 4,2008 COUNCILMEMBER SMITH - ABSENT CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - COMMENTED ON THE REQUEST FOR WORKSESSIONS BY COUNCIL,ASKED IF ALL OF COUNCIL WERE IN AGREEMENT FOR THE DIFFERENT WORKSESSIONS THAT ARE BEING REQUESTED BEFORE THEY APPEAR ON THE AGENDA, ALSO ANNOUNCED THAT THERE WILL BE NO CITY COUNCIL MEETING ON NEXT TUESDAY, NOVEMBER 18, 2008 MAYOR AMES - ANNOUNCED THAT ON THURSDAY, NOVEMBER 20, 2008 THERE WILL BE A WARD IV TOWN HALL MEETING AT 5:30 P.M., AT THE L.L. MELTON YMCA, COMMENTED ON THE SEISMIC TESTING THAT IS BEING DONE NEAR THE CITY AND COUNTY BOUNDARY LINES, REQUESTED ANOTHER WORKSESSION ON SEISMIC TESTING,ANNOUNCED THAT ON WEDNESDAY, NOVEMBER 19, 2008, THERE WILL BE AN OPEN HOUSE FOR THE NEW 311/911 CENTERS,FROM 2:30 P.M., TO 5:30 P.M., ALSO ANNOUNCED THAT THE CHRISTMAS PARADE WILL BE SATURDAY, DECEMBER 6, 2008, AND ON THURSDAY, FRIDAY AND SATURDAY, DECEMBER 4T"THROUGH THE 6T"THERE WILL BE AN ICE SKATING RINK IN DOWNTOWN BEAUMONT,THIS YEAR THE THEME WILL BE "THE SPIRIT OF SOUTHEAST TEXAS" ALL OF THE SURROUNDING CITIES WILL BE INVITED, THE MAYORS AND CITY COUNCILS WILL BE INVITED TO THE TREE LIGHTING CEREMONY AND ALL OTHER ACTIVITIES THAT ARE SCHEDULED ON SATURDAY, KEVIN EVERETT, FORMER BUFFALO BILLS NFL FOOTBALL PLAYER AND PORT ARTHUR NATIVE WILL BE THE GRAND MARSHAL FOR THE PARADE, WISHED MR.THOMPSON WITH THE FIRE TRAINING GROUNDS A SUCCESS IN GETTING THE GROUNDS UP AND RUNNING Public Comments (Persons are limited to three minutes) Frank Kiefer 3190 Willowood Beaumont TX Requested a playground for the Minglewood youth as well as improving Combest park, asked that the sidewalks on Minglewood Dr. be repaired, expressed his appreciation to Councilmembers Wright and Pate on his project, commented on the seismic testing near the City and County boundaries, expressed sympathy to Mayor Ames on the loss of her grandmother, asked that the Police Department monitor cars that are traveling at an Page 16 of 17 Minutes-November 4,2008 excessive rate of speed at an elementary school zone near French Road across Concord Road and Dogwood Drive Scott Walker 3610 Newcastle Houston TX Thanked Council for abandoning Chinn Lane, also commented on a concern he has on Concord Road where he has 8 acres of land Open session of meeting recessed at 2:44 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Tina Lewallen vs. the City of Beaumont - Not Discussed Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: Tina Broussard, City Clerk There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. C eE�UMO\�1t�1 Becky Am(Ymayor ��, It,, Tina Broussard, City Clerk 14� =�� ll1N _ r w1�►��sl��„ Page 17 of 17 Minutes-November 4,2008