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HomeMy WebLinkAboutMIN APR 28 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 April 28, 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 April 28, 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 6-9/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Councilmember Wright 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 Tern Samuel, Councilmembers Coleman, Beaulieu,Wright and Pate(arrived at 1:35 p.m.). Absent:Councilmember Smith. Also presentwere Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Councilmember Smith out due to work. Proclamations, Presentations, Recognitions "Public Health Week 2009" - April 26 - 30, 2009 - Proclamation read by Councilmember Beaulieu; accepted by Maria Morales with the Beaumont Public Health Department Recognitions - Beaumont Convention and Visitors Bureau received awards at the 2009 American Advertising Federation of Beaumont Awards, held at Dishman Art Gallery on the Lamar University Campus 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 6-9/Consent Agenda. Minutes-April 28,2009 Jude Paredez 10620 Gage Rd. Beaumont TX Spoke regarding Item F on the Consent Agenda; approving a contract for investment management services Mike Mills 140 Jordan Rd. Lumberton TX Spoke regarding Item #9 on the Agenda; to consider amending Section 21-75 of the Code of Ordinances related to authorized positions in the Police Department CONSENT AGENDA Approval of minutes - April 21, 2009 Confirmation of committee appointments - None A) Approve a resolution authorizing the City Managerto reduce the Rehabilitation ofthe Primary and Secondary Trickling Filters Project - Resolution 09 - 110 B) Approve the waiver of penalties and interest on twenty-three tax accounts processed by the Jefferson County Tax Assessor-Collector's Office - Resolution 09 - 111 C) Authorize the acceptance of a water line easementfrom the Texas State University System- Resolution 09 - 112 D) Authorize the City Attorney to bring a cross-claim against Brystar Contracting, Inc., in the Carolyn Faul v. City of Beaumont litigation and suit against Bituminous Casualty Corp. resulting from the underlying incident - Resolution 09 - 113 E) Authorize the settlement of the claim of Betty Clay - Resolution 09 - 114 F) Approve a contract for investment management services - Resolution 09 - 115 G) Approve a resolution authorizing the establishment of an Identity Theft Prevention Program- Resolution 09 - 116 Councilmember Beaulieu made a motion to approve the Consent Agenda. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Page 2 of 12 Minutes-April 28,2009 GENERAL BUSINESS 1. Consider approving a request for a zone change from RCR (Residential Conservation and Revitalization) District, GC-MD (General Commercial-Multiple Family Dwelling) District, LI (Light Industrial)District and HI (Heavy Industrial)Districtto CBD(Central Business District) and from LI (Light Industrial) District to RCR(Residential Consdervation and Revitalization) District for the property located at, Weiss Park, 798-1060 Bonham, 500-1000 Blocks of Crockett, 500-1000 Blocks of Fannin, 500-1000 Blocks of Bowie, 1000 Block of Forsythe, 735, 755, 771 and 967-978 Wall, 702-995 College, 155, 201, 301, 309 and 323 South M. L. King Parkway, 700-900 Blocks of Holmes, 300-600 Blocks&800-900 Blocks of Archie, 300- 600 Blocks and 800-900 Blocks of Jefferson, 500-600 Blocks & 800-900 Blocks of Trinity, 200-300 Blocks & 500 Block of Neches, 200-400 Blocks of Elizabeth, 300-400 Blocks of Pine, 200-300 Blocks of Tevis, 400 Block of Walnut, 100-400 Blocks of Cypress, 700-800 Blocks of Main. Administration recommended approval of this request. Due to ongoing private and public investment, Downtown Beaumont is continuing its revitalization. As the City continues to reinvest in Downtown,the need to protect current and future investments has increased. One important way to help protect current investments and to attract new interest is to provide enhanced control of land use. Currently, large parts of Downtown Beaumont are zoned for heavy and light industrial uses. These zoning categories permit such uses as mobile home dealerships, paper and steel mills and chemical plants,some without any requirement for approval by the Planning Commission and City Council. The Planning staff recommends expanding the CBD zoning. In addition, there is one lot in Block 11, Beaumont Addition,that is owned by the Catholic Diocese of Beaumont. The entire block is the site of a new chancery being built by the church. Lot 5 is zoned LI while the rest of the lot is zoned RCR. At a Joint Public Hearing held April 20, 2009, the Planning Commission recommended approval 7:2 of a zone change administration recommends the zone change as well. Mayor Pro Tern Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY FROM RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT, GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT, LI (LIGHT INDUSTRIAL) DISTRICT AND HI (HEAVY INDUSTRIAL) DISTRICT TO CBD (CENTRAL BUSINESS DISTRICT)AND FROM LI(LIGHT INDUSTRIAL)DISTRICT TO RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT FOR THE PROPERTY LOCATED AT WEISS PARK, 798-1060 BONHAM,500-1000 BLOCKS OF CROCKETT,500-1000 BLOCKS OF FANNIN,500-1000 BLOCKS OF BOWIE, 1000 BLOCK OF FORSYTHE, 735, 755, 771 AND 967-978 WALL, 702-995 Page 3 of 12 Minutes-April 28,2009 COLLEGE, 155, 201, 301, 309 AND 323 SOUTH M. L. KING PARKWAY, 700-900 BLOCKS OF HOLMES, 300-600 BLOCKS & 800-900 BLOCKS OF ARCHIE, 300-600 BLOCKS AND 800-900 BLOCKS OF JEFFERSON, 500-600 BLOCKS&800-900 BLOCKS OF TRINITY, 200-300BLOCKS& 500 BLOCK OF NECHES, 200-400 BLOCKS OF ELIZABETH, 300-400 BLOCKS OF PINE, 200-300 BLOCKS OF TEVIS, 400 BLOCK OF WALNUT, 100-400 BLOCKS OF CYPRESS, 700-800 BLOCKS OF MAIN, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Ordinance 09 - 019 2. Consider approving a request to amend the Zoning Ordinance, Chapter 30, Section 30-24 B, Permitted Use Table, CBD (Central Business District), to allow some uses by right and some uses with a specific use permit. Administration recommended approval of this request. During the rezoning of property west of the current Central Business District to CBD(Central Business District), property owners within the rezoning area expressed concerns about how the use of their property might be affected. Currently, large parts of Downtown Beaumont are zoned for heavy and light industrial uses. These zoning categories permit such uses as mobile home dealerships, paper and steel mills and chemical plants, some without any requirement for approval by the Planning Commission and City Council. While these uses are certainly needed in our community, locating them in our revitalizing downtown may not be for the best. Also,while some of these uses are currently in our downtown, their location on the periphery and their limited numbers make them somewhat compatible to current levels of redevelopment. However, limiting future uses to the core of downtown and closer to the new park, allows for future redevelopment that would be better suited to a revitalized Downtown Beaumont. Staff undertook a study of other cities similar in size and economic conditions to Beaumont to see what land uses were permitted in their downtowns. Based upon the information collected in the study and taking into consideration the particular characteristics of Beaumont's downtown, staff recommends the following amendments. By adopting the proposed changes, this would bring Beaumont in line with other CBD's, in that some uses are allowed by right, some with a specific use permit and some would be prohibited. At a Joint Public Hearing held April 20, 2009, the Planning Commission recommended approval 8:0 to amend the Zoning Ordinance, Chapter 30, Section 30-24 B, Permitted Use Page 4 of 12 Minutes-April 28,2009 Table, CBD (Central Business District), to allow some uses by right and some uses with a specific use permit with the following exceptions. SIC Group 51, add Subcategories 514 and 518 and change table to reflect permitted by right (P) in the CBD. SIC Group 50, add Subcategory 5074 and change table to reflect permitted by right(P)in the CBD. SIC Group 42, add Subcategory 4225 and change table to reflect permitted by right(P)in the CBD. SIC Group 44, change table to reflect allowable in the CBD with a specific use permit (S). SIC Group 72, Subcategory 729, change table to reflect not allowable (blank) in the CBD. SIC Group 73, Subcategory 738, change table to reflect permitted with a specific use permit (S) instead of permitted by right (P). Non-Classified Uses, Residential Uses, Servants/Caretaker Quarters,change table to reflect permitted with a specific use permit (S) instead of permitted by right (P). Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 30,SUBSECTION 30-24(b),PERMITTED USE TABLE,SIC GROUPS 42,44,50, 51,72,73 AND NON-CLASSIFIED USES,TO ALLOW SOME USES BY RIGHT AND SOME BY SPECIFIC USE PERMIT IN THE CBD(CENTRAL BUSINESS DISTRICT); PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Ordinance 09 - 020 3. Consider approving a zone change from LI (Light Industrial) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District for property located on the south side of Chinn Lane and east of Eastex Freeway. Administration recommended approval of this request. pp q The applicant states that the purpose of the zone change is to allow for the construction of a 252 unit apartment complex on the subject 15.53 acres. The three story garden style apartments will be developed at a density of 17 units per acre. The development will be gated and include a pool and clubhouse. Page 5 of 12 Minutes-April 28,2009 Under the current zoning classification,a wide variety of commercial and industrial uses could be developed on the property which could negatively affect the residential properties to the south. The Comprehensive Plan designates the property north of Chinn Lane as"Light Industrial". RM-H zoning allows residential uses by right and some office uses with a specific use permit. The permitted uses in RM-H are much more compatible with the neighboring single family uses and the proposed apartments would act as a buffer between future industrial uses and single family. Chinn Lane is classified as a Major Collector street. It has a 37' pavement width and was developed to handle the amount of traffic that is generated by an apartment complex. At a Joint Public Hearing held April 20, 2009, the Planning Commission recommended approval 8:0 of a zone change from LI (Light Industrial)District to RM-H (Residential Multiple Family Dwelling-Highest Density)District for property located on the south side of Chinn Lane and east of Eastex Freeway. Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED LI (LIGHT INDUSTRIAL) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY DISTRICT FOR PROPERTY LOCATED ON THE SOUTH SIDE OF CHINN LANE AND EAST OF EASTEX FREEWAY,BEAUMONT,JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Ordinance 09 - 021 4. Consider amending the Zoning Ordinance, Chapter 30, to clarify that only one single family residence shall be permitted as a primary use on a lot or parcel of land. Administration recommended approval of this request. While policy has been to permit only one single family residence as a primary use on a lot or parcel of land, the Zoning Ordinance does not specifically state that. In order to make sure that the Zoning Ordinance is clear on this particular issue, staff recommends the following amendment: Sec. 30-4. Definitions b. Definitions: In the interpretation of this Ordinance,the following words and terms are to be used and interpreted as defined hereinafter: Page 6 of 12 Minutes-April 28,2009 19. DWELLING, SINGLE FAMILY: A detached building having accommodations for and occupied by not more than one (1) family. Only one (1) single family dwelling shall be permitted as a primary use on a lot or parcel of land. At a Joint Public Hearing held April 20, 2009, the Planning Commission recommended approval 8:0 of an amendment to the Zoning Ordinance, Chapter 30, to clarify that only one single family residence shall be permitted as a primary use on a lot or parcel of land. Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 30, SUBSECTION 30-4(b), OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY AMENDING THE DEFINITION OF SINGLE FAMILY DWELLING; PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL;AND PROVIDING FORA PENALTY. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Ordinance 09 - 022 5. Consider approving a specific use permit to allow a clothing retail store in the CBD (Central Business District) at 210 Willow. Administration recommended approval of this request. David Heilman, representing Ace Imagewear, has applied for a specific use permit. H & S Investments owns most of this city block and is doing business as Ace Imagewear, formally Shepherd's Uniform and Linen Supply. The subject property is to be used for the company's retail Safety Apparel store. At a Joint Public Hearing held April 20, 2009, the Planning Commission recommended approval 8:0 of a specific use permit to allow a clothing retail store in the CBD (Central Business District) at 210 Willow. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CLOTHING RETAIL STORE IN THE CBD(CENTRAL BUSINESS DISTRICT)AT 210 WILLOW IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE Page 7 of 12 Minutes-April 28,2009 MOTION PASSED Ordinance 09 - 023 6. Consider approving a resolution authorizing the City Manager to execute a contract for the 23`d Street Lift Station Rehabilitation Project. Administration recommended approval of a contractwith R&B Group, Inc., Houston,Texas, in the amount of$1,296,743.00.The 23`d Street Lift Station Rehabilitation Project will convert the existing dry pit into a submersible wet well,demolish the existing wet well, construct new reinforced concrete walls and slab, remove and replace the existing pumps, remove and replace necessary piping to make the new lift station operable, install a new pre-fabricated concrete control building with all related appurtenances,construct a new driveway and sliding chain link gate, and furnish and install a radio communications tower. The MBE participation will be with Cardinal Fence Co. of Beaumont,Texas, $3,995.00, Gulf Coast Electric of Beaumont,Texas, $236,000.00,and Choctaw Pipe and Equipment, Inc.of Houston, Texas, $146,381.00 which represents 29.80 percent of the total project. The existing 23`d Street Lift Station was severely damaged during Hurricane Ike and has been on bypass pumping since the event.The Federal Emergency Management Agency(FEMA) has met with City staff on numerous occasions during the design process. The City is seeking reimbursement from FEMA for 75% of the project cost. This project will be added in the 2010 Capital Program for the 25% match. If FEMA does not provide funding, all of the costs will be paid for out of the Capital Program. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH R&B GROUP,INC.,HOUSTON, TEXAS, IN THE AMOUNT OF$1,296,743.00 FOR THE 23RD STREET LIFT STATION REHABILITATION PROJECT. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 09 - 117 7. Consider approving a resolution authorizing the City Manager to execute a contract for the Sanitary Sewer System Improvements 16-Inch Force Main Florida Avenue Project. Administration recommended approval of a contract with Allco, Ltd., Beaumont,Texas, in the amount of $119,293.60. The Sanitary Sewer System Improvements 16-Inch Force Main Florida Avenue Project will install approximately 1,840 linearfeet of 16-inch (16")PVC C906 sanitary sewerforce main, remove and replace the existing manhole at Cardinal Drive,tie into Page 8 of 12 Minutes-April 28,2009 the existing force main, and abandon and fill with flowable grout the existing 30 linear feet of force main. The MBE participation will be with Chris Gobert Trucking of Beaumont,Texas for$16,812.00 which represents 14.09 percent of the total project. The existing Florida Lift Station rehabilitation project was completed in January 2008. The existing force main transfers the sanitary sewerfrom the lift station across the drainage ditch and into the sewer line built in the 1950's. The primary goal of the project is to install the sanitary sewer force main to a large diameter main, utilize the pumping capacity of the lift station, provide customers with uninterrupted and adequate service and meet the Sanitary Sewer Overflow Initiative agreement requirements with the State. Funds for the project are available in the Capital Program. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH ALLCO,LTD.,BEAUMONT,TEXAS, IN THE AMOUNT OF $119,293.60 FOR THE SANITARY SEWER SYSTEM IMPROVEMENTS 16-INCH FORCE MAIN FLORIDA AVENUE PROJECT. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 09 - 118 8. Consider authorizing an application for, and acceptance of, new funding for the Southeast Texas Auto Theft Task Force. Administration recommended approval. The Southeast Texas Auto Theft Task Force is a multi-jurisdiction agency comprised of seven personnel from the Beaumont Police Department, and one each from Jefferson County Sheriff's Office, Pt.Arthur Police Department and the Hardin County Sheriff's Office. Since the inception of the Task Force, motor vehicle thefts have decreased in Beaumont by 81% from 1721 in 1992 to 317 in 2008. The Task Force currently covers Jefferson, Orange, Hardin, and Jasper Counties. The Task Force focuses efforts in two areas: investigations, which target vehicle burglaries and vehicle thefts, and public awareness,which uses media campaigns, training and public presentations to promote prevention techniques and awareness. The City of Beaumont has been the grantee of the Southeast Texas Auto Theft Task Force since 1993. Page 9 of 12 Minutes-April 28,2009 The application for FY2010 is in the amount of$1,083,107. State funds in the amount of $575,240 are being requested from the Automobile Burglary and Theft Prevention Authority. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY AUTHORIZES THE CITY MANAGER TO APPLY FOR FUNDING IN THE AMOUNT OF$1,083,107 FOR THE FY 2010 OPERATIONS OF THE SOUTHEAST TEXAS AUTO THEFT TASK FORCE AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE THE NECESSARY DOCUMENTS FOR ACCEPTANCE OF THE FUNDING AND TO RECEIVE AND DISBURSE FUNDS RELATED TO THE OPERATION OF THE SOUTHEAST TEXAS AUTO THEFT TASK FORCE. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 09 - 119 COUNCILMEMBER COMMENTS MAYOR PRO TEM SAMUEL- RECEIVED SEVERAL PHONE CALLS REGARDING AN ARTICLE THAT APPEARED IN A LOCAL NEWSPAPER,WOULD LIKE TO CLARIFY FOR THE PUBLIC THAT THE BEAUMONT POLICE DEPARTMENT HAD NO INVESTIGATION FORWARDED ON PRESIDENT BARACK OBAMA, THAT WAS AN INDIVIDUAL CHOICE, THE ADMINISTRATION IS MAKING SURE THAT NO OFFICIAL INVESTIGATION IS LINKED TO THE BEAUMONT POLICE DEPARTMENT COUNCILMEMBER PATE - COMPLIMENTED THE CITIZENS IN THE OAKS HISTORIC DISTRICT, AS WELL AS THE BEAUMONT CHAMBER OF COMMERCE AND THE BIG FUND RAISING EFFORT FOR "LOBSTER FEST" THEY DID A GREAT JOB COUNCILMEMBER WRIGHT- COMMENTED ON THE TYRRELL PARK BLOCK PARTY THAT SHE ATTENDED ON SATURDAY,ALSO DISCUSSED THE ISSUE OF TRANSPORTATION FOR THE ELDERLY, EVEN THOUGH A WORKSHOP HAD BEEN HELD THE ISSUE STILL REMAINS UNSOLVED, HAS INSTRUCTED THE ELDERLY TO CALL THE 311 INFORMATION NUMBER SO THAT A COUNT MAY BE RECORDED AS TO HOW MANY ELDERLY ARE UNABLE TO RECEIVE TRANSPORTATION Page 10 of 12 Minutes-April 28,2009 COUNCILMEMBER BEAULIEU- COMMENTED ON HER BIRTHDAYTRIP TO BIG BEND, TEXAS, GLAD TO BE BACK HOME IN BEAUMONT COUNCILMEMBER COLEMAN - INQUIRED ABOUT THE NOTIFICATION TO RESIDENTS THAT ARE AFFECTED BY A SPECIFIC USE PERMIT OR A ZONE CHANGE, PERTAINING TO THE PLANNING AND ZONING MEETINGS, THE PUBLIC SHOULD BE AWARE OF SUCH A MEETING REGARDING CHANGES IN THE AREA THEY LIVE IN, SUGGESTED THAT THE NOTICE BE POSTED ON THE CITY'S WEB SITE COUNCILMEMBER SMITH - ABSENT CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - CONGRATULATED THE TYRRELL PARK NEIGHBORHOOD ASSOCIATIONS ON AVERY SUCCESSFUL BLOCK PARTY AND THE OAKS HISTORIC DISTRICT FOR A SUCCESSFUL FUND RAISER, HOPED THEY RAISED A LOT OF DOLLARS, COMMENTED ON THE EMPLOYEE APPRECIATION LUNCHEON, WHICH WAS WELL ATTENDED Public Comments (Persons are limited to three minutes) Amy Modica 2865 Jirou St. #405 Beaumont TX Spoke regarding the need for bus transportation and handicap accessibility in her area Jude Paredez 10620 Gage Rd. Beaumont TX Commented on the bus transportation and bus stops, also commented on whether or not a citizen can address Council regarding violations of the constitution Council Recessed into Executive Session at 2:25 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Curtis Breaux, et al, v. City of Beaumont Page 11 of 12 Minutes-April 28,2009 EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Entergy Texas street lighting billing charges Council Reconvened into General Business at: 3:30 p.m. 9. Consider amending Section 21-75 of the Code of Ordinances related to authorized positions in the Police Department. Item Deferred by Council Administration recommended amending Section 21-75 of the Code of Ordinances to reduce the number of Grade I I I Lieutenant positions by one to15 and increase the number of Grade I Officer positions by one to 205. Lieutenant Dave Sample recently retired from the Police Department resulting in a vacancy. By deleting this position and adding an additional Grade I Officer, a new police officer would be hired to work on the streets of Beaumont. The total number of authorized positions in the Police Department will remain at 265. There would be an annual savings of approximately $30,000. There being no further business, Council adjourned at 3:32 p.m. Audio available upon request in the City Clerk's Office. Becky �Ck�MO�,tI ec y s, Mayor � t1 l� f 1U '•, 01 Tina Broussard, City Clerk fil11, „� Page 12 of 12 Minutes-April 28,2009