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Home My WebLink AboutMIN SEP 08 2009 M I N U T E S - CITY OF BEAUMONT W.L. Pate, Jr., At-Large BECKY AMES, MAYOR Gethrel Wright, Mayor Pro Tern Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Ward II Audwin Samuel, Ward III September 8, 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 September 8, 2009, at the Beaumont Civic Center, 701 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda Consent Agenda Mayor Pro Tern Williams Wright called the council meeting to order at 1:30 p.m. Associate Minister, J. D. Roberts of Antioch Baptist Church gave the invocation. Councilmember Pate led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Pro Tern Williams Wright,Councilmembers Coleman, Beaulieu, Pate and Smith. Absent: Mayor Ames and Councilmember Samuel (arrived at 1:51 p.m.). Also present were Kyle Hayes, City Manager;Tyrone Cooper, City Attorney;Tina Broussard, City Clerk. Mayor Ames was out of the City. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda. None CONSENT AGENDA Approval of minutes - September 1, 2009 Confirmation of committee appointments - None A) Authorize the City Managerto apply for and accept a Routine Airport Maintenance Program Grant from the Texas Department of Transportation - Resolution 09 - 263 Minutes-September 8,2009 B;) Approve Change Order No. 1 for the air conditioning modifications project at the Police Building and Julie Rogers Theatre - Resolution 09 - 264 C) Approve Change Order No. 3 for the EMS Station No. 2 Project - Resolution 09 - 265 D) Authorize the City Manager to delete and add items to the 23 d Street Lift Station Rehabilitation Project resulting in a decrease of the project cost - Resolution 09 - 266 E) Approve exercising an option to extend the current banking services agreement with Capital One Bank for one additional year and approving amendments relating to pledges and releases of collateral - Resolution 09 - 267 Councilmember Beaulieu made a motion to approve the Consent Agenda. Councilmember Pate seconded the motion. AYES: MAYOR PRO TEM WRIGHT,COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider amending Chapter 7, Article VI of the Code of Ordinances regulating Sexually Oriented Businesses. Administration recommended approval of the proposed amendments to Chapter 7 regulating sexually oriented businesses. On January 25, 2000, the Council adopted uniform regulations for the licensing of sexually oriented businesses in the City of Beaumont. Changes in the laws and ongoing court interpretations makes it necessary to periodically review and modify these ordinances in order to remain current. What is proposed for consideration are primarily matters of legal concern. Councilmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ARTICLE VI,CHAPTER 7,SUBSECTIONS 7-83(D),7-83(F)(3),7-83(H)(3),7-84(A),7-84(E)(1),7- 84(E)(3), 7-84(E)(12), 7-84(K), 7-86(A), 7-87(B), 7-95, 7-105(A) AND 7-105(A)(1); AND REPEALING SUBSECTIONS 7-84(D)AND 7-84(E)(13)OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM WRIGHT,COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SMITH NAYS: NONE MOTION PASSED Page 2 of 6 Minutes-September 8,2009 Ordinance 09 - 049 2. Consider authorizing an interlocal agreement for natural gas supply for use by the Beaumont Transit System. Administration recommended the establishment of an interlocal agreement with the Texas General Land Office (GLO), in the estimated annual amount of $237,000. In conjunction with the purchase of CNG fueled busses, the City constructed a CNG fueling station, which was completed in January 2008. Natural gas for use by the new city bus fleet is currently supplied through Pinnacle, Inc.,via Centerpoint,the local utility.The charge for the gas, including transportation costs, is $12.79 per million cubic feet (MMCF), which is approximately $34,000 per month. The GLO has established a program,through the use of an interlocal agreement,which can supply our gas requirements at a 24 month price average of $5.00 per MMCF, plus transportation charges of approximately$15,200 per month. In total,forfiscal year2010, gas purchase and transportation charges will be approximately $237,000; as compared to approximately $441,500 at our current rates. Funds are available in the Municipal Transit Fund's operating budget. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE,AND HE IS HEREBY,AUTHORIZED TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE TEXAS GENERAL LAND OFFICE IN THE ESTIMATED ANNUAL AMOUNT OF $237,000 FOR NATURAL GAS SUPPLY FOR USE BY THE BEAUMONT TRANSIT SYSTEM. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM WRIGHT,COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 268 3. Consider authorizing the City Manager to enter into contracts for the provision of relocation assistance with the owners of two houses flooded during Hurricane Ike in conjunction with the approved Hazard Mitigation Grant Program's Acquisition and Demolition Program. Administration recommended approval. As a result of Hurricane Ike, some homes located within the floodplain, east of Pine Street, received flood damage. Because the City's floodplain land use ordinance requires that homes in the floodplain that are substantially damaged be elevated prior to repair, many residents have found elevating their homes and repairing them difficult if not impossible. Page 3 of 6 Minutes-September 8,2009 In order to provide relief to the residents and avoid future, repetitive flooding of these homes, the City applied for Hazard Mitigation funds to acquire and demolish these homes. The City was successfully awarded this grant for acquisition and removal of sixteen (16) homes. To date, we have inspected and secured appraisals for each of the sixteen (16) homes and made purchase and relocation offers. The amount of relocation assistance is based on the grant formula and differs, depending upon the resident's desire to secure rental housing or purchase a new home. Address Owners Name Relocation Amount 385 E Delaware Marshall Terry $22,500.00 3150 Taliaferro Timmie Bell $17,200.00 Total: $39,700.00 FEMA Grant Amount (at 75%) $29,775.00 Local CDBG Match Amount (at 25%) $9,925.00 This grant provides seventy-five percent(75%)of the costs,with a required twenty-five percent (25%) local match, which will be paid through a reallocation of 2008 Program Year CDBG demolition funds. It is expected that additional purchase contracts will be forthcoming as offers are accepted by the homeowners. Once these properties are acquired, the City will demolish these homes and deed restrict the properties, to prevent future flooding losses. These costs will also be covered by the grant. Funds this local match are available through the 2008 Program Year CDBG Budget. Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CONTRACTS WITH THE OWNERS OF HOMES FLOODED DURING HURRICANE IKE FOR THE PROVISION OF RELOCATION ASSISTANCE THROUGH THE HAZARD MITIGATION GRANT PROGRAM'S ACQUISITION AND DEMOLITION PROGRAM.Councilmember Pate seconded the motion. AYES: MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 269 PUBLIC HEARING Receive comments on the 2009 (FY 2010) Proposed Tax Rate Page 4 of 6 Minutes-September 8,2009 Public Hearing Open: 1:52 p.m. Public Hearing Close: 1 :52 p.m. Mayor Pro Tern Williams Wright read the announcement regarding Executive Session being held at the conclusion of the Public Comments portion of the meeting. COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - NONE COUNCILMEMBER BEAULIEU - NONE COUNCILMEMBER SMITH - ANNOUNCED THE ANNUAL HEALTH FAIR BEING HELD AT WEST TABERNACLE CHURCH ON SATURDAY, SEPTEMBER 12, 2009, FROM 9:00 A.M. TO 2:00 P.M., ALSO NEIGHBORHOOD CONCERTS IN THE PARK THIS SATURDAY, SEPTEMBER 12, 2009, AT CENTRAL PARK COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER PATE - ANNOUNCED THE 8T" ANNUAL 9/11 TRIBUTE LUNCHEON HONORING FIRST RESPONDERS, HOSTED BY DEL PAPA DISTRIBUTING Co.,LIFESHARE BLOOD CENTER AND HEB, AT FIRE STATION #1, 787 COLLEGE, FROM 11:30 A.M. TO 2:00 P.M. MAYOR PRO TEM WRIGHT- ATTENDED THE CASHAN GROTTO ANNUAL CONVENTION, AT THE HOLIDAY INN, SATURDAY, SEPTEMBER 5, 2009 AT 9:30A.M., ALSO ATTENDED THE LANE-WESLEY 101sT FAMILY REUNION CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - ABSENT Public Comments (Persons are limited to three minutes) Kerry J. Avie 3035 Elinor Beaumont TX Religious Comments Page 5 of 6 Minutes-September 8,2009 Vernon Durden 2110 Westbury Rd. Beaumont TX Requested that council consider forming a Citizen Committee in the City of Beaumont, also stated that he received several calls in favor of forming this committee Dorothy Evans 2825 Arthur Lane Beaumont TX Represented AARP Chapter 923, invited Council to attend the Celebration and History of the AARP Chapter, on Friday, September 11 , 2009, at the Best Years Center from 10:00 a.m. to 2:00 p.m, invitations were given to Mayor and Council, asked that everyone attending please bring shredded paper, old towels and other soft material for beds and kennels for the Humane Society, who the AARP will be supporting this year Louis Vaughn 9615 Mapes Beaumont TX Spoke in regards to South Park Middle School, the safety, health and environmental issues that would warrant the school to be condemned and demolished Open session of meeting recessed at 2:05 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Douglas Manning, et al v. City of Beaumont Derrick Newman v. David Todd Burke, et al Fannett Entertainment, Inc., v. City of Beaumont, et al There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. CSC MO�',1' 1 1 GJethrel Williiam righft, Mayor Pro Tern �. to, w i �0' ina Broussard, City Clerk ,, Page 6 of 6 Minutes-September B,2009