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HomeMy WebLinkAboutMIN JAN 27 2009 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 Tem,Ward III January 27,2009 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 January 27, 2009, 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 1-12/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Carlos Phillips of St.James United Methodist Church gave the invocation. Councilmember Smith 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 Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions 911 Operations Center First Employee of the Year Award - Bart Bartkowiak, Director of Technology Services and Ricky Smith, 991/311 Manager presented employee award to Lynne Kadillis Adopt-A-Street Program Sign-Ups - Ingrid Holmes, Director of Beaumont Public Health Department 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 1-12/Consent Agenda. Marvin Brailsford 7445 Prestwick Beaumont TX Spoke regarding Item#4;the agenda Jehovah Jireh Community Development Corporation Minutes-January 27,2009 CONSENT AGENDA Approval of minutes - January 13, 2009 Confirmation of committee appointments - None A) Authorize the City Manager to renew the management agreement with the Beaumont Council of Garden Clubs for its continued operation of the gardens at Tyrrell Park - Resolution 09 - 016 B) Authorize the acquisition of property in the Van Wormer Addition for the Downtown Event Center and Park - Resolution 09 - 017 C) Approve a bid to replace the roof on the Animal Control facility - Resolution 09 - 018 D) Approve the purchase of a backhoe for use by the Sewer Maintenance Division of the Water Utilities Department - Resolution 09 - 019 E) Approve a contract for reconstruction and rehabilitation of a home damaged by Hurricane Rita - Resolution 09 - 020 F) Authorize the granting of an Oil, Gas and Mineral Lease to Kingwood Exploration LLC - Removed G) Authorize the City Manager to execute an agreement with Entergy for utility relocations on the Willow Street Project - Resolution 09 - 021 Councilmember Smith made a motion to approve the Consent Agenda upon the removal of Item F. Mayor Pro Tern Samuel 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 approving the purchase of fleet vehicles through the Houston-Galveston Area Council Cooperative Purchasing Program. Administration recommended approval of the purchase of vehicles from Philpott Motors of Nederland, Texas in the amount of$630,553. Pricing forthis purchase is obtained through the Houston-Galveston Area Council(H-GAC) Cooperative Purchasing Program. H-GAC is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with the State of Texas procurement statutes. Page 2 of 14 Minutes-January 27,2009 Twenty-two (22) vehicles, budgeted in Fiscal Year 2009, are available through H-GAC. All twenty-two (22) vehicles to be purchased are replacing models ranging from 1995 to 2004. The age and mileage of the older vehicles render them unfit for continued services. The vehicles will be disposed of according to the City's surplus property disposal policies. Funds are budgeted in the Capital Reserve and Water Funds. Councilmember Coleman moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF TWENTY-TWO (22) FLEET VEHICLES FROM PHILPOTT MOTORS OF NEDERLAND,TEXAS,THROUGH THE HOUSTON-GALVESTON AREACOUNCIL(H-GAC)COOPERATIVE PURCHASING PROGRAM IN THE AMOUNT OF$630,553. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 022 2. Consider approving the purchase of fleet vehicles through the BuyBoard Cooperative Purchasing Program. Administration recommended approval of the purchase of vehicles from Philpott Motors of Nederland, Texas in the amount of$424,335. Pricing for this purchase is obtained through the BuyBoard cooperative purchasing program. BuyBoard complies with all state bidding statutes. Membership with BuyBoard allows municipalities to purchase items from their contracted vendors. The purchase price of $424,335 includes the BuyBoard administrative fee of$400. Seven (7) vehicles, budgeted in Fiscal Year 2009, are available through BuyBoard. Replacement vehicles and additions to the fleet are requested through the City's budget process. The Fleet Superintendent reviews the requests and evaluates the vehicles 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. All seven (7)vehicles to be purchased are replacing models ranging from 1990 to 2000. Funds are budgeted in the Capital Reserve and Water Funds. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF FLEET VEHICLES FROM PHILPOTT MOTORS OF NEDERLAND, TEXAS, THROUGH THE BUYBOARD COOPERATIVE PURCHASING PROGRAM IN THE AMOUNT OF $424,335. Councilmember Smith seconded the motion. Page 3 of 14 Minutes-January 27,2009 AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 023 3. Consider approving the rates of Entergy Texas, Inc. contained in a Statement of Intent to Change Rates filed with the City on December 19, 2008. Administration recommended approval of an ordinance approving the rates of Entergy Texas, Inc., contained in the Statement of Intent to Change Rates filed on December 19, 2008. On October 21, 2008, the Council approved a non-unanimous settlement (NUS) in resolution of the request for a rate increase filed by Entergy Texas, Inc., on September 26, 2007. This negotiated settlement did not include the large industrial power customers. Notwithstanding the recommendation of the panel of administrative law judges to accept the settlement, the Public Utilities Commission of Texas (PUCT) refused to approve the settlement. Since that time, the parties have negotiated a different settlement and are requesting the Cities to participate in this second proposal. This second proposal would result in about a 3.9% annual reduction to the base rates initially approved by the Cities in the non-unanimous settlement. By agreeing to this second proposal, Entergy Texas is agreeing to a lower rate than the city approved rates and also agreeing to implement the new rates on a system-wide basis. In furtherance of this settlement, Entergy filed with the City of Beaumont on December 19, 2008, a Statement of Intent to Change Rates incorporating the terms of the negotiated settlement. All reasonable expenses associated with rate matters will be reimbursable by the company as they have been in the past. Mayor Pro Tern Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE BY THE CITY OF BEAUMONT, TEXAS, ("CITY") APPROVING THE RATES OF ENTERGY TEXAS, INC., CONTAINED IN THE STATEMENT OF INTENT TO CHANGE RATES("STATEMENT OF INTENT")FILED IN THE CITY ON DECEMBER 19,2008;APPROVING AN EARLY EFFECTIVE DATE OF THE RATE CHANGE; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED OT THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 09 - 003 Page 4 of 14 Minutes-January 27,2009 4. Consider approving a contract with Jehovah Jireh Community Development Corporation to assist with the construction of 10 new homes. Administration recommended Council approve a request to authorize the City Manager to execute a contract with Jehovah Jireh Community Development Corporation in the amount of $349,990 to assist with the construction of 10 new homes located within the new Jehovah Jireh Village subdivision. Jehovah Jireh Community Development Corporation (JJV), a Community Housing Development Organization (CHDO) located at 3920 W. Cardinal Drive, Beaumont, TX, proposes to develop 36 homes on a 9.9762 acre tract located on Sarah Street near the L. L. Melton YMCA and the Theodore Johns Library. JJV has actively promoted affordable housing through conducting seminars and sponsoring housing fairs. Jehovah Jireh Village will be a mixed-income development, of which 12 will be low/moderate income units. Providing assistance for the development of mixed-income units will positively affirm the City's commitment to provide equal housing opportunities, and will further address the City's efforts to remove impediments to fair housing, as mandated by the U. S. Dept of Housing and Urban Development. HOME funds will be used to assist with the development of 10 homes that will be sold to eligible low/moderate income families. The eligible per unit costs may not exceed $34,999 and will include site preparation/foundation ($15,000), home buyer assistance ($14,999) and a developer's fee ($5,000). Funding is available from the 2007 HOME Program. Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT BETWEEN THE CITY OF BEAUMONT AND JEHOVAH JIREH COMMUNITY DEVELOPMENT CORPORATION IN THEAMOUNT OF$349,990 FOR THE CONSTRUCTION OF TEN (10) NEW HOMES LOCATED WITHIN THE JEHOVAH JIREH VILLAGE SUBDIVISION. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 024 5. Consider approving a contract with the Beaumont Community Housing Development Organization for the purchase of three pre-existing scattered-site homes. Administration recommended City Council authorize the City Manager to execute a contract with the Beaumont Community Housing Development Organization (BCHDO) in the amount of$321,239 forthe purchase of three(3)pre-existing scattered-site homes that will be retained as lease property for no more than thirty-six months and sold to eligible low/moderate income families. The Beaumont Community Housing Development Organization (BCHDO) successfully implemented such lease-purchase agreements with low/moderate income families under Page 5 of 14 Minutes-January 27,2009 prior contracts. All properties were conveyed to the lessors within 12 months, well in advance of the federal requirement to convey such properties within thirty-six months. Although the amount requested from BCHDO is $361,140, the City is proposing to offer $321,239 for the purchase of the three homes as this number represents the balance of HOME funds in the 2007 Program Year. This amount would be sufficient for the purchase of the three homes. Funding is available from the 2007 HOME Program. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH THE BEAUMONT COMMUNITY HOUSING DEVELOPMENT ORGANIZATION IN THE AMOUNT OF $321,239 FOR THE PURCHASE OF THREE(3) PRE-EXISTING SCATTERED-SITE HOMES THAT WILL BE RETAINED AS LEASE PROPERTY FOR NO MORE THAN THIRTY-SIX (36) MONTHS AND SOLD TO ELIGIBLE LOW/MODERATE INCOME FAMILIES. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 025 6. Consider authorizing the City Manager to increase the West Trunk Outfall Rehabilitation Phases I and II Project for "extra work". Administration recommended approval of increasing the Proposed Sanitary Sewer System Improvements West Trunk Outfall Rehabilitation Phases I and II Project by$199,881. The proposed changes to the contract will furnish labor, equipment, and material to install two siphons 203 linearfeet each of 36"SDR 26 HDPE across Hillebrandt Bayou.The proposed work will remove, haul, and replace existing concrete ditch liner, remove, haul, and clean up existing pipe and materials, and construction and removal of damming of Hillebrandt Bayou and required bypass pumping. The proposed changes will increase the contract time by 160 calendar days. The additional days increases the total contract time to 430 calendar days. The proposed extra work will represent an increase of 5.85%of the original contract amount. The Sanitary Sewer System Improvements West Trunk Outfall Rehabilitation Phases I and II encompasses the interceptor, originally installed in 1953, from Washington Boulevard to Lafin Road. The existing siphons crossing Hillebrandt Bayou were installed during the original construction. The existing pipe has deteriorated and infiltration through separated joints is overloading the Wastewater Treatment Plant during rain events, creating sanitary sewer overflows in the collection system. The new lines will replace the existing siphons. Funds for the project are available in the Capital Program. Page 6 of 14 Minutes-January 27,2009 Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1 FOR "EXTRA WORK" THEREBY INCREASING THE CONTRACT AMOUNT BY $199,881 FOR A TOTAL AMOUNT OF $3,617,393. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 026 7. Consider authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XI I Project for "extra work". Administration recommended approval of increasing the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XII Project amount by $152,080. The proposed changes to the contract will rehabilitate approximately 2,160 linear feet of 8-inch and 750 linear feet of 10-inch sanitary sewer lines, remove and replace eight manholes in the street, furnish and install one manhole in the street, abandon one manhole in place, clean and televise 2,910 linear feet of damaged lines, post televise 2,910 linear feet of rehabilitated lines, replace 63 service connections and increase the contract time by 120 calendar days. The additional days increases the total contract time to 575 calendar days. The proposed extra work will represent an increase of 10.20% of the original contract amount and bring the total increase of the original contract to 22.18%. The proposed extra work is for the area on Washington Boulevard and Waco Street. The existing sewer lines built in the 1950's have deteriorated and require major rehabilitation. The primary goals of the project are to restore the integrity of the sanitary sewer lines, restore the carrying capacity, provide customers with uninterrupted and adequate service. Funds for the project are available in the Capital Program. Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 5 FOR EXTRA WORK IN THE AMOUNT OF$152,080,THEREBY INCREASING THE CONTRACT TO$1,821,875. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 027 Page 7 of 14 Minutes-January 27,2009 8. Consider approving a six month contract for Aluminum Sulfate for use by the Water Utilities Department. Administration recommended the award of a contract to Altivia Corporation of Houston, Texas in the amount of $150,000. Bids were requested fora six(6)month contract for Aluminum Sulfate for use by the Water Utilities Department to be used in the water treatment process. Bid notices were provided to six (6) vendors with three (3) responding with bids as indicated in the attached bid tabulations. The product recommended for award meets all specifications. The previous price for Aluminum Sulfate was $272 per dry ton. Funds are budgeted in the Water Utilities Department's operating budget. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THATTHE BID SUBMITTED BY ALTIVIA CORPORATION OF HOUSTON, TEXAS, FOR A SIX (6) MONTH CONTRACT FOR THE PURCHASE OF ALUMINUM SULFATE FOR USE BY THE WATER UTILITIES DEPARTMENT FOR AN ESTIMATED AMOUNT OF $150,000 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 028 9. Consider authorizing the City Manager to execute an Industrial District Contract with Entergy Texas Inc. Administration recommended approval of a resolution authorizing the City Manager to execute an Industrial District Contract with Entergy Texas Inc. Industrial District Contracts enable the City to collect payments in lieu of taxes from industries located outside the city limits. The City currently has a contract with Entergy Texas Inc.,that expired December 31, 2008. The new contract 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 will be calculated based on 80% of the assessed value multiplied by the tax rate effective on October 1, 2008 or$0.64 per$100 of assessed valuation. Payments will be due to the City by February 1St of each year. The FY 2009 payment for Entergy Texas Inc. is $109,000 of the $15,782,000 of industrial payments expected in FY 2009. Page 8 of 14 Minutes-January 27,2009 Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DISTRICT CONTRACT WITH ENTERGY TEXAS, INC. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 029 10. Consider approving a contract with Premier Election Solutions for rental of election equipment, software, training and other related services for the May 9, 2009 General Election. Administration recommended approving a contractwith Premier Election Solutions of Allen, Texas for the May 9, 2009 General Election in the amount of$69,549.00. In 2007, the Jefferson County Clerk sent letters to all political sub-divisions indicating that she would no longer conduct local elections, therefore it is necessary for the City to utilize a private sector vendor to help conduct the General Election. The City of Beaumont is now preparing for its May 9, 2009 General Election that will be held jointly with the Beaumont Independent School District as well as the Port of Beaumont. The contract allows Premiere to provide the necessary equipment, software, training and other related services necessary to conduct the election. Please note that the amount of the contract does not include funding for poll workers, facilities and election supplies. These additional costs are estimated to be $32,223. Funds are budgeted in the City Clerk's operating election budget. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH PREMIER ELECTION SOLUTIONS OF ALLEN, TEXAS, FOR RENTAL OF ELECTION EQUIPMENT, SOFTWARE, TRAINING AND OTHER RELATED SERVICES FOR THE MAY 9, 2009, GENERAL ELECTION. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 030 Page 9 of 14 Minutes-January 27,2009 I 11. Consider authorizing the City Manager to enter into a Neighborhood Empowerment Zone Abatement Agreement with Paul and Dana David. Administration recommended approval of entering into a Neighborhood Empowerment Zone Tax Abatement Agreement with Paul and Dana David, offering economic incentives in exchange for the construction of a Single-Family home with a value of $50,000 or greater at 3960 Estelle, within Neighborhood Empowerment Zone #2. In an effort to encourage economic development in areas of the city with higher concentrations of low to moderate income families and limited redevelopment, the City implemented Four Neighborhood Empowerment Zones within the city. These zones offer incentives to attract redevelopment to these areas. Incentives include: 1) A three-year municipal tax abatement for all added value for investments greater than $50,000 for residential uses and $75,000 for all other uses. 2) Building fee waivers (not including tap and meter fees). 3) Expedited permit review. 4) Lien waivers for any lien claimed by the City for demolition or high grass abatement expenditures. The Davids are requesting expedited permit review, fee waiver and three (3) year city ad valorem tax abatement as incentives for locating a new single-family home within Empowerment Zone #2. Revenues from waived fees and liens and abated ad-valorem taxes would be forgone, but the long-term economic impact associated with new development should positively affect future budgets. Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A NEIGHBORHOOD EMPOWERMENT ZONE TAX ABATEMENT AGREEMENT WITH PAUL AND DANA DAVID OFFERING ECONOMIC INCENTIVES IN EXCHANGE FOR THE CONSTRUCTON OF A SINGLE-FAMILY HOME WITH A VALUE OF $50,000 OR GREATER AT 3960 ESTELLE WITHIN NEIGHBORHOOD EMPOWERMENT ZONE#2. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 031 12. Consider approving the appointment of Quentin Price as a Senior Assistant City Attorney and setting his starting compensation. Administration recommended that the appointment of Quentin Price as a Senior Assistant City Attorney for the City of Beaumont be approved at a starting salary of$83,000. Page 10 of 14 Minutes-January 27,2009 Under the Charter, the City Attorney may appoint his assistants with the approval of the City Council at such compensation as set by the Council. The position vacated by the resignation of Bettye Kyle Thomas has been vacant since September,2007,and interviews have been conducted. Mr. Price is very qualified for this position. The amount necessary to pay the salary and benefits fo the position are available in the City Attorney's budget. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE APPOINTMENT OF QUENTIN D.PRICE AS SENIOR ASSISTANT CITY ATTORNEY FOR THE CITY OF BEAUMONT BE AND THE SAME IS HEREBY APPROVED AND HIS INITIAL SALARY IS ESTABLISHED AT$83,000 ANNUALLY AND THEREAFTER AS ESTABLISHED BY THE BUDGET OF THE CITY OF BEAUMONT. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 032 WORKSESSION * Review and discuss the use of Mobile Food Units On December 16, 2008, City Council issued a 90 day moratorium regarding the issuance of permits for mobile food units. This moratorium allowed both the health and planning department to review the current ordinance as well as ordinances in other cities. Both departments presented information regarding the results of the research and provided Council with various options in moving forward to lift the moratorium. * Report from City Manager related to a proposed partnership with Lamar University City Manager Kyle Hayes reported to Mayor and Council that the City of Beaumont has been working on a proposed partnership with Lamar University,whereby Lamar would possibly be utilizing the basement of the main library for purposes of their continuing education classes and possibly their small business development center. If this occurs, the City would start from scratch by removing all of the furniture, books and fixtures, which are outdated, and bring the library into the 21St century and have Lamar University's presence in downtown Beaumont. The City and Lamar would like to change the appearance of the library downtown. Lamar University would be responsible for the build-out of the basement and refurbishing the offices. They would also be responsible for the utilities of the basement. This project would also mean inviting more citizens downtown. Page 11 of 14 Minutes-January 27,2009 COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN- THANKED THE OAKS HISTORIC DISTRICT FOR CLEANING UP 7T" STREET THEY STARTED ON ONE END BY THE RAILROAD TRACKS ON THE SOUTH SIDE AND THE INTERSTATE ON THE NORTH SIDE AND MET AT CALDER STREET,ALSO MENTIONED THAT A RESIDENT FROM PORT ARTHUR LEARNED OF THE CLEANUP FROM THE WEB SITEAND DROVETO BEAUMONTTO HELP WITH THE CLEAN UP,WELCOMED QUENTIN PRICE,THE NEW ASSISTANT CITY ATTORNEY TO THE CITY OF BEAUMONT'S TEAM COUNCILMEMBER BEAULIEU- WELCOMED THE NEW ASSISTANT CITY ATTORNEY QUENTIN PRICE,APPRECIATED THE WORK OF THE 911 CENTER STAFF AND LYNN KADILLIS AND THE HARD WORK THAT THEY DO, COUNCILMEMBER WRIGHT- WISHED EVERYONE THAT CELEBRATES THE CHINESE LUNAR NEW YEAR, A HAPPY NEW YEAR, THE YEAR OF THE OX, HAPPY TO SEE SO MANY CONCERNED CITIZENS THAT HAVE COME TO EXPRESS THEIR OWN INTEREST REGARDING THE SEISMIC TESTING, THE ITEM HAS BEEN PULLED FROM THE AGENDA AND THE COUNCIL WILL REVISIT THIS ITEM IN REGARDS TO CITIZENS CONCERNS, ASKED THAT ALL CITIZENS CONTINUE TO CALL 311 WHICH IS A VERY GOOD CUSTOMER SERVICE TOOL COUNCILMEMBER PATE - CONGRATULATED LYNN KADILLIS FOR RECEIVING THE EMPLOYEE AWARD, WELCOMED QUENTIN PRICE TO THE CITY ATTORNEY'S OFFICE,ALSO CONGRATULATED TOMMY FRANK AND PATRICK AND KATHERINE PHELAN,WHO WERE RECOGNIZED BY THE MENTAL HEALTH ASSOCIATION FOR THE GREAT THINGS THAT THEY DO MAYOR PRO TEM SAMUEL- REGRETTED NOT BEING ABLE TO ATTEND THE WREATH LAYING CEREMONY AT THE MARTIN LUTHER KING CELEBRATION, STATED THAT HE ATTENDED THE INAUGURATION OF PRESIDENT BARACK OBAMA IN WASHINGTON,D.C.,REMARKED ON THE PARTNERSHIP WITH THE CITY OF BEAUMONT AND LAMAR UNIVERSITY AND THE UTILIZATION OF THE DOWNTOWN LIBRARY,COMMENTED ON HOW PROUD HE IS REGARDING THE FIRST RESPONDERS,AS WELL AS THE AUDIT THAT WAS DONE AND HOW PROUD HE IS OF THE GREAT JOB THAT THE CITY MANAGER AND STAFF IS DOING COUNCILMEMBER SMITH - CONGRATULATED LYNN KADILLIS ON HER EMPLOYEE OF THE YEAR AWARD, THANKED ANGIE THOMAS FOR ALL OF HER HELP WITH THE WREATH LAYING CEREMONY FOR THE MARTIN LUTHER KING CELEBRATION, ANNOUNCED THAT Page 12 of 14 Minutes-January 27,2009 THE WEST TABERNACLE SENIOR CITIZENS GROUP WILL BE MEETING ON WEDNESDAY, THANKED BAPTIST HOSPITAL FOR THE EARLY TOUR OF THE NEW FACILITY CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR AMES - COMMENTED ON THE AUDIT COMMITTEE MEETING THAT WAS HELD, AND IN ADVANCE CONGRATULATED THE CITY MANAGER AND STAFF ON A JOB WELL DONE, STATED THAT SHE AND THE MAYOR PRO TEM WERE BOTH IN WASHINGTON, THANKED COUNCILMEMBER WRIGHT FOR PRESENTING HER WORDS TO THE GROUP AT THE MARTIN LUTHER KING CEREMONY, COMMENTED ON THE MENTAL HEALTH ASSOCIATION AND THE CHINESE ASSOCIATION, REMARKED ON LAMAR UNIVERSITYAND THEIR PARTNERSHIP WITH THE CITY OF BEAUMONT IN DOWNTOWN BEAUMONT, CONGRATULATED LYNN KADILLIS FOR HER EMPLOYEE OF THE YEAR AWARD, SPOKE REGARDING THE ADOPT-A- STREET PROGRAM Public Comments (Persons are limited to three minutes) Michea Ford P.O. Box 516 Hamshire, TX Commented on the proposed changes to the Magnolia Swimming Pool Donna Fager-Schneiter 10087 Winzer Dr. Beaumont, TX Asked that the deep end of the Magnolia Swimming Pool not be filled in to five feet as it would eliminate many programs that require the deeper water Andres Martinez 896 Goliad and College Beaumont, TX Spoke regarding the Mobil Food Unit permitting process and moratorium - interpreted by Ariana Valdez Mayra Garza 7616 Springmeadow Port Arthur, TX Asked that Council not remove the Mobil Food Unit located at 4th and College because it is her family's basic income Robert Preston 1190 Iowa Street Beaumont, TX Commented on the many faxes he has sent to Council and the City Manager, voiced complaints regarding various City of Beaumont departments, former Mayor Goodson, Council and City Manager Hayes Page 13 of 14 Minutes-January 27,2009 Open session of meeting recessed at 3:15 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Linda Thomas vs. the City of Beaumont Tina Lewallen vs. the City of Beaumont Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: Chief Magistrate James McNicholas There being no action taken in Executive Session, Council adjourned. Ajadio available upon request in the City Clerk's Office. Becky Ames ayor 13mr) �q UMO/�/T��%4 s� ;4V aa Tina Broussard, City Clerk w lI i it I Page 14 of 14 Minutes-January 27,2009