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MIN OCT 16 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 Tem,Ward III October 16, 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 October 16, 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 1-4/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Jerry Fenter of the Christ Covenant Church gave the invocation. Councilmember Smith led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present atthe meeting were MayorAmes,Councilmembers Coleman, Beaulieu,Wright, Pate and Smith. Absent: Mayor Pro Tern Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda. None CONSENT AGENDA Approval of minutes - October 9, 2007 Confirmation of committee appointments - None A) Authorize the acceptance of a ten (10) foot wide water line easement for fire hydrants across Westbrook High School property on Manion Drive - Resolution 07-328 B) Approve a Change Order for the 911 Operations Center- Resolution 07-329 Minutes-October 16,2007 Councilmember Beaulieu made a motion to approve the Consent Agenda. Councilmember Wright seconded the motion. AYES: MAYORAMES,COUNCILMEMBERS COLEMAN,BEAULIEU,WRIGHT,PATEAND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a resolution to suspend the effective date of the proposed rate increase requested by Entergy/Gulf States, Inc. Administration recommended the adoption of a resolution suspending the effective date of the proposed rate increase applied for by Entergy Gulf States, Inc., for an additional ninety (90) days beyond the proposed June 30, 2008, effective date. On September 26, 2007, Entergy Gulf States, Inc. (EGSI), filed a statement of intent to increase rates with all cities that retain original jurisdiction in the EGSI service area. The company's filing indicated that the company is proposing an annual rate increase of$107.5 million. The average in-city residential customer using 1000 KW hours can expect to pay about $130.21 per month. This is an increase of about $13.62 or 11.7% above current monthly rates. The proposed rate increase of$107.5 million has two component: $64.3 million base rates and $43.2 million of various surcharges for purchased power, franchise fees and other items. EGSI also proposes that all municipal franchise fees be charged (surcharged) to only in- city customers. This means that EGSI's franchise fee proposal would provide a "free ride" to all customers - industrial and residential - using power outside municipal corporate boundaries. Moreover, given that these franchise fees would be spread over fewer customers, the resulting franchise rate increases substantially for ratepayers within the municipalities. The Texas Public Utilities RegulatoryAct(PURA)grants cities exclusive original jurisdiction over utility rates. It also provides cities with the authority to suspend the proposed effective date of the rate increase up to an additional ninety (90) days. The application for a rate increase provides for a June 30, 2008, effective date. An extension of this date would allow the EGSI service area cities an opportunity to adequately process the application. Given the size and complexity of the rate proposals, it will take time for the attorneys and consultants to complete their investigation and analysis of the reasonableness of the rate proposal. By Resolution No. 07-025,the Council authorized participation in EGSI rate filings through the EGSI Service Area Cities Steering Committee. I hereby request authority to continue in that participation with the understanding that the Steering Committee will provide direction and guidance to the attorneys and consultants employed to represent the cities. Page 2 of 8 Minutes-October 16,2007 The City of Beaumont is entitled to reimbursement of any reasonable expenses associated with participating in or conducting a rate-making proceeding. We expect that the City of Beaumont will be reimbursed for all expenses incurred in this matter. COuncilmember Pate made a motion to APPROVE RESOLUTION OF THE CITY OF BEAUMONT, TEXAS,AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE FOR AN ADDITIONAL NINETY(90) DAYS BEYOND THE JUNE 30,2008,EFFECTIVE DATE PROPOSED BY ENTERGY GULF STATES,INC., IN CONNECTION WITH ITS RATE INCREASE APPLICATION ENTITLED"APPLICATION OF ENTERGY GULF STATES, INC., FOR AUTHORITY TO CHANGE RATES AND TO RECONCILE FUEL COSTS," FILED ON SEPTEMBER 26,2007;AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS;AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE PUBLIC UTILITY COMMISSION OF TEXAS REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Councilmember Smith seconded the motion. AYES: MAYOR AMES,COUNCILMEMBERS COLEMAN,BEAULIEU,WRIGHT,PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 07- 330 2. Consider authorizing a contract for the construction of a Hike and Bike Trail on property west of Westbrook High School and connecting to property west of the Cris Quinn Soccer Complex. Administration recommended award of a bid to G & G Enterprises of Orange, Texas in the amount of$756,537 forfurnishing all labor, materials, equipment and supplies to construct a concrete recreational hike and bike trail. The proposed hike and bike trail will be constructed on Drainage District No. 6 DD6 Gulf p p 9 ( ) Terrace Detention Facility located on Phelan Boulevard east of Keith Road. The recreational trail will be accessible from the parking lot on Phelan continuing around the detention pond, along the drainage outfall bank ending at the detention pond on Dishman. The total distance is approximately 2.5 miles. In the base bid, an asphalt roadway was specified with an alternate for a concrete road surface. After analyzing the initial cost and the cost of long term maintenance, it is recommended that the City accept the base bid with the alternate for the concrete roadway. Usage of the trail will be restricted to non motorized transportation. No four wheelers, motorcycles or motor vehicles will be allowed. The trail will be 10 feet wide to provide ample room for pedestrian traffic and cyclists. Work should commence on or before November 15, 2007 and be completed in 180 days. Page 3 of 8 Minutes-October 16,2007 Funds are available in the Capital Program. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY G&G ENTERPRISES OF ORANGE,TEXAS,FOR FURNISHING ALL LABOR,MATERIALS, EQUIPMENT AND SUPPLIES TO CONSTRUCT A CONCRETE RECREATIONAL HIKE AND BIKE TRAIL ON DRAINAGE DISTRICT NO. 6 (DD6) GULF TERRACE DETENTION FACILITY LOCATED ON PHELAN BOULEVARD EAST OF KEITH ROAD IN THE AMOUNT OF$756,537 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Pate seconded the motion. AYES: MAYORAMES,COUNCILMEMBERS COLEMAN,BEAULIEU,WRIGHT,PATE,AND SMITH NAYS: NONE MOTION PASSED Resolution 07- 331 3. Consider rejecting bids received for construction of a Hangar Building at the Beaumont Municipal Airport. Administration recommended rejecting all bids received for the construction of a new hangar building at the Beaumont Municipal Airport. On Thursday, October 4, 2007, eight (8) bids were received for furnishing all labor, materials and equipment to construct a new hangar building at the Beaumont Municipal Airport located at 455 Keith Road. The bids ranged from $691,000 to $1,061,000. Administration is requesting that these bids be rejected because the type of fire suppression system was not clearly defined causing bidders to bid various systems that may or may not meet the fire codes specific to this type of facility. Code requirements for fire suppression are specific to the use of the hangar and this information was not provided to all potential bidders. The specifications will be revised and will include the type of fire suppression system required to meet all codes. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THATTHE BIDS RECEIVED FOR THE CONSTRUCTION OF A HANGAR BUILDING AT THE BEAUMONT MUNICIPAL AIRPORT ARE HEREBY REJECTED. Councilmember Wright seconded the motion. AYES: MAYORAMES,COUNCILMEMBERS COLEMAN,BEAULIEU,WRIGHT,PATEAND SMITH NAYS: NONE MOTION PASSED Resolution 07- 332 4. Consider amending Section 20-34 of the Code of Ordinances to include the appointment of Honorary Ex-officio members to the Convention and Tourism Advisory Commission. Page 4 of 8 Minutes-October 16,2007 This item was deferred. Mayor Ames read the announcement regarding the Executive Session to be held at the conclusion of the General Business portion of the meeting. PUBLIC HEARING: Receive comments and requests relating to six month extensions for occupying FEMA or travel trailers Public hearing convened at: 1:44 p.m. Public hearing closed at: 1:45 p.m. 5. Consider approving an ordinance allowing for a six month extension for occupying a FEMA or travel trailer at 3066 W. Crockett, 1365 Louisiana, 2296 Victoria, 4255 Ironton. Administration recommended the following approvals and denials for a six month extension for occupying a FEMA or travel trailer: Approvals 3066 Crockett Jerrie Drew 1365 Louisiana Linda Randolph 2296 Victoria Debra Parrish 4255 Ironton Juanita Parks On August 21, 2007, City Council approved an ordinance allowing any homeowner that needs to occupy a travel trailer while Hurricane Rita repairs are being made to their home can do so until October 20, 2007. Anyone needing additional time to repair or rebuild their homes must apply to the City Council for a six month extension. In determining eligibilityfora six month extension, an applicant must prove one of the three criteria: 1. Actively working on home 2. Applied for Disaster Recovery 3. In litigation with insurance carrier. The Planning Manager recommended approval of the four listed based upon the fact that each one met at least one of the three criteria. COuncilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE EXTENDING FOR A PERIOD OF Six (6) MONTHS THE PARKING, USE AND OCCUPANCY OF RECREATIONAL VEHICLES OR TRAVEL TRAILERS AS TEMPORARY LIVING QUARTERS ON RESIDENTIAL PROPERTY LOCATED AT 3066 CROCKETT, 1365 LOUISIANA, 2296 VICTORIA, AND 4255 IRONTON DURING THE PERIOD OF REPAIR OR RECONSTRUCTION OF DAMAGE TO PROPERTY CAUSED BY HURRICANE RITA; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. Councilmember Coleman seconded the motion. AYES: MAYORAMES,COUNCILMEMBERS COLEMAN,BEAULIEU,WRIGHT,PATE AND SMITH Page 5 of 8 Minutes-October 16,2007 NAYS: NONE MOTION PASSED Ordinance 07- 107 WORKSESSION Review and discuss matters relating to the following: • Dilapidated Structures and the Demolition Process • Weed, Junk Motor Vehicle and Litter Violations • Gilbert Building Chris Boone, Community Development Director, discussed the demolition procedures for dangerous structures condemnation process. Chris stated that there are currently 421 structures "tagged" as dangerous, 96 are enrolled in a work program and 170 are in the process of being awarded to contractor to be demolished. The remainder of the houses are scheduled for future City Council meetings for demolition orders. Joyce Tanner, Health Special Service Coordinator, discussed the different areas in the Code Enforcement Department that they are responsible for, Joyce stated that complaints have gone down by at least 900, she discussed the ward boundaries and inspector areas, the weed abatement,weed enforcement process,abandoned/city lots privatelyowned,litter abatement,the flow chart explaining the litter enforcement process, nuisance abatement, environmental court activity, proactive enforcement and special projects in FY 2007. Chris Boone, Community Development Director, gave Council a description of the Gilbert building, discussed how the City acquired the building as well as the City's involvement, he discussed the appraisal of the building and the options the City has which would be one of the following, the City can elect to expend funds to create the "Gilbert Cultural Center," Continue to pursue release of the covenants by the family, continue to pursue joint sale of the building or return the building to the family. Chris stated that staff recommended the City return the Gilbert Building to the family. COMMENTS Councilmembers/City Manager comment on various matters Public Comment (Persons are limited to 3 minutes) COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - COMMENTED ON THE GREAT TIME HE HAD AT THE SOUTH EAST TEXAS STATE FAIR AS WELL AS THE NAACP FREEDOM BANQUET,THANKED STAFF FOR THE WORKSHOP, DISCUSSED THE CLEANUP THAT WILL TAKE PLACE IN WARD Page 6 of 8 Minutes-October 16,2007 IV ON SATURDAY NOVEMBER 10,2007 FROM 8:00 A.M.TO 1:00 P.M., THE MEETING POINT WILL BE LIBERIAN PARK COUNCILMEMBER PATE- CONGRATULATED COUNCILMEMBER SMITH ON A GREAT JOB HE IS DOING IN WARD IV, AS WELL AS ALL OTHER COUNCILMEMBERS. THANKED HIS BOSSES WHICH ARE THE CITIZENS OF BEAUMONT ON BOSSES DAY COUNCILMEMBER WRIGHT- REMINDED EVERYONE THIS IS BREAST CANCER AWARENESS MONTH, ENCOURAGED EVERYONE TO PURCHASE THE(PINK CARD). THANKED THE CITIZENS FOR BEING GOOD BOSSES, ENJOYED THE SOUTH EAST TEXAS STATE FAIR AND ENCOURAGED EVERYONE TO ATTEND. WELCOMED CAROLYN CHANEY AND CHRISTOPHER GIGILO TO BEAUMONT COUNCILMEMBER BEAULIEU - THANKED COUNCILMEMBER SMITH FOR EVERYTHING HE HAS DONE IN HIS WARD. THANKED THE STAFF FOR THE WORKSESSION PRESENTATIONS COUNCILMEMBER COLEMAN - THANKED COUNCILMEMBER SMITH FOR HIS HARD WORK IN WARD IV, COMMENTED ON THE CASA RUNNING EVENT AND THE SOUTH EAST TEXAS STATE FAIR MAYOR PRO TEM SAMUEL - ABSENT CITY ATTORNEY COOPER- WISHED COUNCIL A HAPPY BOSSES DAY CITY MANAGER HAYES - WISHED COUNCIL A HAPPY BOSSES DAY MAYOR AMES - COMMENTED ON THE NAACP FREEDOM BANQUET, ANNOUNCED ON SUNDAY OCTOBER 14, 2007 CALDER BAPTIST CHURCH CELEBRATED THEIR 60TH ANNIVERSARY, STATED THAT THE SOUTH EAST TEXAS STATE FAIR HAD A RECORD BREAKING NIGHT ON SATURDAY NIGHT,REMINDED EVERYONE ABOUT OCTOBER BEING BREAST CANCER AWARENESS MONTH, ALSO COMMENTED ON KEEP BEAUMONT BEAUTIFUL COMMISSION Public Comments (Persons are limited to three minutes) Jerrie Drew 3066 W. Crockett St. Beaumont TX Thanked Council for the six month extension on the FEMA trailer Brenda Holmes Gilbert 10745 Johnson Rd. Beaumont TX Thanked Council for the Work Session as well as returning the Gilbert Building to the heirs Open session of meeting recessed at 2:39 p.m. Page 7 of 8 Minutes-October 16,2007 Jerrie Drew 3066 W. Crockett St. Beaumont TX Thanked Council for the six month extension on the FEMA trailer Brenda Holmes Gilbert 10745 Johnson Rd. Beaumont TX Thanked Council for the Work Session as well as returning the Gilbert Building to the heirs Open session of meeting recessed at 2:39 p.m. EXECUTIVE SESSION ' Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Magistrates There being no action taken in Executive Session, Council adjourned. Audio tapes are available upon request in the City Clerk's Office. Be ky Ames ayor w Tina Broussard, City Clerk sir Page 8 of 8 Minutes-October 16,2007