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HomeMy WebLinkAboutMIN JAN 08 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 Tem,Ward III January 8, 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 January 8,2008,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 6-12/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Airon Reynolds of Borden Chapel Baptist Church gave the invocation. Councilmember Wright 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 Smith. Absent: Councilmember Pate (Councilmember Pate arrived at 1:33 p.m.). Also present were Kyle Hayes, City Manager;Tyrone Cooper,City Attorney;Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions Presentation "Award Presented to City Council" - January 8, 2007 - Special award presented to Council for making Beaumont a better Community to live in, presented by: Jimmet G. Lawrence, President of Sounds of Sickle Cell II Mayor Ames read the announcement about the Executive Session to be held at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on scheduled agenda items 6-12/Consent Agenda. Timothy M. Kelly 380 Main St. Beaumont TX Item#12:Asked that Council not approve the City Attorney to move forward with the lawsuit against the Attorney General's Office Minutes-January 8,2008 CONSENT AGENDA Approval of minutes - December 18, 2007 Confirmation of committee appointments - Resolution 08- 001 Pastor Henry J. Davis would be appointed to the Martin Luther King, Jr. Parkway Commission. The term would commence January 8, 2008 and expire January 7, 2010. (Councilmember Nancy Beaulieu) Brooks Goodhue would be reappointed to the Community Development Advisory Committee. The current term would expire October 13, 2009. (Councilmember W. L. Pate) J. Shane Howard would be reappointed to the Parks and Recreation Advisory Commission. The current term would expire May 9, 2009. (Councilmember W. L. Pate) Adrienne Lee would be appointed to the Library Commission. The term would commence January 8, 2008 and expire January 7, 2010. (Mayor Pro Tern Audwin M. Samuel) A) Amend Resolution No. 07-408 accepting maintenance of the water and sanitary sewer improvements on Acadiana Court Street - Resolution 08- 002 B) Authorize the acceptance of a twenty (20) foot wide water and sanitary sewer easement across the Broussard 200 acre tract located on Dishman Road - Resolution 08- 003 Councilmember Pate made a motion to approve the Consent Agenda. Councilmember Beaulieu 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 a request for a specific use permit to allow a civic/social association with the sale of alcoholic beverages in a GC-MD(General Commercial-Multiple Family Dwelling) District at 3859 Stagg Drive. Administration recommended approval of a request for a specific use permit to allow a civic/social association with the sale of alcoholic beverages in a GC-MD (General Commercial-Multiple Family Dwelling) District at 3859 Stagg Drive. Mildred Lemell with The Swing Out Civic Club has requested a specific use permit to allow a civic/social association with the sale of alcoholic beverages in a GC-MD (General Commercial-Multiple Family Dwelling) District. The property is located at 3859 Stagg. Page 2 of 13 Minutes-January 8,2008 The Swing Out Civic Club is a 19 member volunteer non-profit organization that has, through the weekly teaching of swing out dance lessons, raised monies to provide assistance to the youth, elderly and needy of Beaumont. The club meets on Tuesday and Friday nights. Typically, a civic/social association is permitted by right in a GC-MD District. However, the Swing Out Civic Club wishes to sell alcoholic beverages. It is this aspect of the club that requires a specific use permit. Mixed drinks, beer and wine, along with fruit drinks and soft drinks will be available for sale. No food will be offered for sale. It will offer hors d'oeuvres and snacks free of charge. At a Joint Public Hearing held December 17, 2007, the Planning Commission voted 8:0 to approve a request for a specific use permit to allow a civic/social association with the sale of alcoholic beverages in a GC-MD(General Commercial-Multiple Family Dwelling) District at 3859 Stagg Drive. Councilmember Smith moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CIVIC/SOCIAL ASSOCIATION WITH THE SALE OF ALCOHOLIC BEVERAGES IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 3859 STAGG DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember 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 Ordinance 08- 001 2. Consider approving a request for a specific use permit to allow a business office and warehouse in a CBD (Central Business District) at 585 Wall Street. Administration recommended approval of a request for a specific use permit to allow a business office and warehouse in a CBD (Central Business District) at 585 Wall Street. Colburn McClelland has applied for a specific use permit to allow a business office and warehouse in the CBD(Central Business District). The property is located at 585 Wall Street and consists of two existing buildings and related parking. Mr. McClelland owns Pure Purpose, Inc.that does business as the YAYA Club Clothing Company. The subject property will be utilized as the corporate office of his business. At a Joint Public Hearing held December 17, 2007, the Planning Commission voted 8:0 to approve a request for a specific use permit to allow a business office and warehouse in a CBD (Central Business District) at 585 Wall Street. Page 3 of 13 Minutes-January 8,2008 Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BUSINESS OFFICE AND WAREHOUSE IN THE CBD (CENTRAL BUSINESS DISTRICT) LOCATED AT 585 WALL 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, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08- 002 3. Consider approving a request for a specific use permit to allow a bank in the CBD (Central Business District) at 490 Park Street. Administration recommended approval of a request for a specific use permit to allow a bank in the CBD (Central Business District) at 490 Park Street. Community Bank of Texas has requested a specific use permit to allow a 1,133 sq. ft. bank in an existing lease space in the Stedman Building at 490 Park Street. At a Joint Public Hearing held December 17, 2007, the Planning Commission voted 8:0 to approve a request for a specific use permit to allow a bank in the CBD (Central Business District) at 490 Park Street. Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BANK IN THE CBD(CENTRAL BUSINESS DISTRICT) LOCATED AT 490 PARK STREET IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. 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 Ordinance 08- 003 4. Consider approving a request to abandon a portion of Trinity Street between Franklin and Milam Streets. Administration recommended approval of a request to abandon a portion of Trinity Street between Franklin and Milam Streets. Page 4 of 13 Minutes-January 8,2008 Andy Hatch has requested the abandonment of a portion of Trinity Street that is located between Milam and Franklin. He owns the property on either side of the subject right-of-way. The purpose of the request for abandonment is to allow the use of the right-of-way for the loading and unloading of 18-wheeler trucks at the loading dock on Trinity. At a Joint Public Hearing held December 17, 2007, the Planning Commission voted 8:0 to approve a request to abandon a portion of Trinity Street between Franklin and Milam Streets subject to the following conditions: • Retain the right-of-way as a general utility and access easement. • No structures or appurtenances shall be placed within the easement property. • Water Utilities will not be responsible for any surface restoration when water main or sanitary sewer main repairs are necessary. Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ABANDONING A PORTION OF TRINITY STREET BETWEEN FRANKLIN AND MILAM STREETS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08- 004 5. Consider approving a request for an HC-L (Historic-Cultural Landmark Preservation Designation) at 2368 McFaddin. Administration recommended approval of a request for an HC-L(Historic-Cultural Landmark Preservation Designation) at 2368 McFaddin. Eric Newby has applied for an HC-L(Historic-Cultural Landmark Preservation) Designation for his home at 2368 McFaddin. Mr. Newby states that the house was designed and built by locally renowned architect, Henry Conrad Mauer in 1907. In renovating the house, the Newby's have replaced the roof, installed 9 tons of central air conditioning, replaced the entire kitchen and begun landscaping the garden to reflect the period in which the house was built. Mr. and Mrs. Newby are now nearing completion of the overall renovation. At a Public Hearing held December 10,2007,the Historic Landmark Commission voted 10:0 to approve an HC-L (Historic-Cultural Landmark Preservation Designation) at 2368 McFaddin. Page 5 of 13 Minutes-January 8,2008 At a Joint Public Hearing held December 17, 2007, the Planning Commission voted 8:0 to approve an HC-L(Historic-Cultural Landmark Preservation Designation)at 2368 McFaddin. 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 ESTABLISHING AN HC-L (HISTORICAL-CULTURAL LANDMARK PRESERVATION) DESIGNATION FOR PROPERTY LOCATED AT 2368 MCFADDIN, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08- 005 6. Consider authorizing the City Manager to execute State Funds Amendment #1 to the State/Local Public Transportation Grant Agreement with the Texas Department of Transportation. Administration recommended authorizing the City Manager to execute State Funds Amendment#1 to the State/Local Public Transportation Grant Agreement with the Texas Department of Transportation (TxDOT). In September 2007, the City Council authorized the City Manager to execute an agreement with TxDOT to receive State Public Transportation Funds. These funds are used toward the City's local share of the operating costs for the Beaumont Municipal Transit System. The City was to receive$255,000 under the terms of the September Agreement. Amendment#1 to the agreement will increase the State's funding contribution to $371,289. The City will receive an additional$116,289 to offset the City's local share of the Beaumont Municipal Transit System's operating costs. Councilmember Beaulieu made a motion to APPROVE RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE STATE FUNDS AMENDMENT #1 TO THE STATE/LOCAL PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Page 6 of 13 Minutes-January 8,2008 Resolution 08- 004 7. Consider authorizing the City Manager to execute a contract for the Proposed New Water Well No. 2 and Related Pilot Hole Project. Administration recommended approval of a contract with Terry Johnson, Industries, Inc., Lumberton,Texas, in the amount of$1,700,059 to drill a new ground water pilot hole, plug and abandon the existing well, furnish and install a new vertical turbine well pump, a pre- engineered metal building,a 5,000 gallon horizontal double walled steel fuel storage tank with a concrete containment area, all of the electrical controls and components for a portable generator and all related appurtenances. The existing Water Well No. 2, located in Lumberton,Texas,was designed and constructed in 1971. In 2006,the existing water well began pumping sand and a subsequent investigation proved the gravel pack had failed. The City and Schaumburg & Polk studied the possibility of rehabilitating the gravel pack, however the cost, reliability, and future rehabilitation requirements deemed the project not cost efficient. Schaumburg & Polk recommended the City install a new water well. Funds for the project are available in the Water Utilities Fund. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH TERRY JOHNSON,INDUSTRIES, INC., LUMBERTON, TEXAS, IN THE AMOUNT OF $1,700,059 FOR THE PROPOSED NEW WATER WELL NO. 2 AND RELATED PILOT HOLE PROJECT. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08- 005 8. Consider approving the purchase of a jet rodder and truck chassis for the Water Utilities Department. Administration recommended the purchase of a 2008 GMC truck chassis equipped with a jet rodder body through the Houston-Galveston Area Council(H-GAC)Cooperative Purchasing Program. The GMC truck chassis will be ordered from Rush Truck Center in Houston for $36,900 and the jet rodder will be provided by Underground, Inc. of Pearland for$42,325.50. Jet rodder trucks are equipped with water tanks and high pressure pumps that force water through sewer lines to clear blockages. The 2008 GMC W5500 truck chassis has a 17,950 gross vehicle weight rating (GVWR)and will be equipped with a 600-gallon water tank and a jet rodder system manufactured by Underground, Inc. Delivery of the truck is expected within 150 days. Page 7 of 13 Minutes-January 8,2008 The truck will replace unit 3297, a 2002 Isuzu NPR with jet rodder body whose condition has rendered it unreliable for continued service. The unit will be disposed of according to the City's surplus property disposal policies. Funds are budgeted for this purchase in the Water Utilities Fund. Councilmember Wright made a motion to APPROVE AN RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE THE PURCHASE THROUGH THE HOUSTON- GALVESTON AREA COUNCIL (H-GAC) OF A 2008 GMC TRUCK CHASSIS EQUIPPED WITH A JET RODDER BODY FOR THE WATER UTILITIES DEPARTMENT. THE TRUCK WILL BE PURCHASED FROM RUSH TRUCK CENTER IN HOUSTON,TEXAS,FOR THE AMOUNT OF$36,900. THE JET RODDER WILL BE PURCHASED FROM UNDERGROUND,INC.,PEARLAND,TEXAS,FOR THE AMOUNT OF$42,325.50 FOR A TOTAL COST OF $79,225.50. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08- 006 9. Consider approving the purchase of a combination jet vacuum machine and truck chassis for the Streets and Drainage Department. Administration recommended the purchase of a combination jet vacuum machine from Vac- Con of Green Cove Springs, Florida in the amount of$182,002.64 and an International 7400 truck chassis from Santex Truck Center of San Antonio,Texas in the amount of$64,450. Both purchases are through the Houston-Galveston Area Council (H-GAC). The primary purpose of the combination jet vacuum truck is to remove debris from catch basins and underground storm water pipes. Delivery of the assembled vehicle is expected by July 2008. The new combination jet vacuum truck will replace Unit 3273, a 1998 Freightliner FL80 truck chassis mounted with a Vactor 2100 jet vacuum machine,whose condition and mileage have rendered it unreliable for continued service. Funds are budgeted for this purchase in the Capital Reserve Fund. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE THE PURCHASE THROUGH THE HOUSTON- GALVESTON AREA COUNCIL (H-GAC) OF A COMBINATION JET VACUUM MACHINE AND TRUCK CHASSIS FOR THE STREETS AND DRAINAGE DIVISION. THE JET VACUUM MACHINE IN THE AMOUNT OF$182,002.64 WILL BE PURCHASED FROM VAC-CON OF GREEN COVE SPRINGS,FLORIDA. THE INTERNATIONAL 7400 TRUCK CHASSIS FOR THE AMOUNT OF$64,450 WILL BE PURCHASED FROM Page 8 of 13 Minutes-January 8,2008 SANTEX TRUCK CENTER OF SAN ANTONIO, TEXAS. THE TOTAL COST IS $246,452.64. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08- 007 10. Consider authorizing the City Manager to accept an Emergency Management Performance Grant from the Department of Homeland Security. The Department of Homeland Security administers EMPG funding to assist states and local governments in developing and carrying out emergency management programs such as mitigating costs of compliance with the National Incident Management System and other planning and training mandates.The federal funding guidelines are envisioned to cover up to half the anticipated operating expenses which are currently funded solely through the city's budget. The projected grant amount is $131,341.50. The City anticipates spending$262,683 in fiscal year 2008 for the Emergency Management Program. This grant would provide for up to $131,341.50 of the anticipated annual expenditure. Mayor Pro Tern Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPLY FOR AND RECEIVE FUNDING IN AN AMOUNT UP TO $131,341.50 THROUGH THE EMERGENCY MANAGEMENT PERFORMANCE GRANT(EMPG)PROVIDED BY THE DEPARTMENT OF HOMELAND SECURITY. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08- 008 11. Consider amending Chapter 6 of the Code of Ordinances relating to the National Electrical Code and remaining with the 2005 edition. Administration recommended approval of the proposed amendments to Chapter 6 of the Code of Ordinances. Page 9 of 13 Minutes-January 8,2008 The City requires that all electrical work done within the city adhere to the specifications and requirements outlined in the 2005 edition of the National Electrical Code. However, Section 6-111(b)of the Code of Ordinances,the ordinance that originally adopted the 2005 National Electrical Code(NEC), has a provision that automatically adopts the most recent version of the NEC without the opportunity for a hearing. Review of the changes to the Code and resulting additional costs to consumers should be reviewed and discussed prior to the adoption of any changes. The proposed amendment would eliminate this automatic code adoption and revert to the 2005 NEC, the code currently enforced. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 6, SECTION 6-111 (B) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08- 006 COMMENTS Public Comment (Persons are limited to 3 minutes) Frank Kiefer 3190 Willowood Beaumont TX Spoke to Council regarding the completion of Concord Road at the intersection of Lucas and Concord, also encouraged all citizens in the area to write to the Public Utilities Commission (PUC) concerning the rate increase of Entergy bills Brenda Gilbert 10745 Johnson Rd. Beaumont TX Commented on the Executive Session that included her and her husband Raymond L. Fontenot 2860 Sarah St. Beaumont TX Spoke to Council regarding the situation with the Fire Fighters and asked that Council quickly bring the arbitration to a close Council Recessed at - 2:04 p.m. EXECUTIVE SESSION Page 10 of 13 Minutes-January 8,2008 Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: City of Beaumont vs. Attorney General Greg Abbott Council Reconvened at - 3:26 p.m. GENERAL BUSINESS 12. Consider authorizing the City Attorney to do all things necessary, including filing and serving all legal actions necessary to contest an adverse Attorney General letter ruling which the City Attorney determines should be appealed. Administration recommended authorizing the City Attorney and his authorized staff to take all action necessary to contest an adverse Attorney General letter ruling which, in the opinion of the City Attorney should be appealed. Such authorization is retroactive as well as prospective, so that all action already taken of this nature is hereby ratified and all future action of this nature is hereby authorized. On December 27, 2007, the Police Legal Advisor received an opinion from Attorney General Greg Abbott requiring the release of certain police records. It is the opinion of this office that these documents are exempt from disclosure. In order to challenge a decision of the Attorney General, a suit must be filed within 10 days from the receipt of the opinion. The deadline for filing a suit to contest the Attorney General's opinion was prior to the convening of the Council Meeting on January 8, 2008. The City Attorney seeks authorization and ratification to file an appeal to review the opinion of the Attorney General. Cost estimates may vary and are undetermined. However,filing fees for municipalities are not required. Cause No. D-1-GV-07-002630, City of Beaumont vs. Greg Abbott, has been filed in the District Court of Travis County on December 31, 2007. Citations have not been issued. Ratification and authorization for this action as well as future actions is requested by the City Attorney. Mayor Pro Tern Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY ATTORNEY BE AND HE IS HEREBY AUTHORIZED TO FILE AN APPEAL AND THE FILING IS HEREBY RATIFIED TO CONTEST AN ADVERSE ATTORNEY GENERAL LETTER RULING (OR 2007-16832) REQUIRING THE DISCLOSURE OF CERTAIN POLICE RECORDS. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SMITH NAYS: NONE Page 11 of 13 Minutes-January 8,2008 ABSTAIN: COUNCILMEMBER WRIGHT MOTION PASSED Resolution 08- 009 Comments Councilmembers/City Manager comment on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - WISHED EVERYONE A HAPPY NEW YEAR, COMMENTED ON THE DRILLERS KICKOFF, ENCOURAGED EVERYONE TO SUPPORT THE LAMAR UNIVERSITY BASKETBALL TEAM COUNCILMEMBER BEAULIEU- ENCOURAGED EVERYONE TO SUPPORT LAMAR UNIVERSITY BASKETBALL TEAM AND WISHED EVERYONE A HAPPY NEW YEAR COUNCILMEMBER WRIGHT- WISHED EVERYONE AVERY HAPPY NEW YEAR, EXPRESSED CONDOLENCES TO THE RITTER FAMILY, COMMENTED ON CHANGE AND ENCOURAGED ALL CITIZENS TO COME FORWARD AND EXPRESS THEIR CONCERNS TO THE COUNCIL, LET THERE BE NO CITIZEN LEFT BEHIND, ALSO CONCERNED ABOUT THE POPULATION IN THE CITY COUNCILMEMBER PATE- COMMENTED ON THE BEAUMONT DRILLERS ENCOURAGED EVERYONE TO SUPPORT LAMAR BASKETBALL, CONDOLENCES TO THE RITTER FAMILY MAYOR PRO TEM SAMUEL - COMMENTED ON THE SEISMIC TESTING IN THE AREA, THANKED STAFF FOR ALL OF THE INFORMATION GIVEN TO CITIZENS THAT MAY HAVE HAD ANY PROBLEMS WITH THEIR PROPERTY OR JUST CONCERNS REGARDING THE TESTING, ALSO GAVE THE NAME AND NUMBER OF THE COMPANY THAT IS DOING THE SEISMIC TESTING TO THE CITIZENS OF BEAUMONT, ANNOUNCED THAT ON JANUARY 19, 2008 AT 10:00 A.M. THERE WILL BE A PARADE HONORING DR. MARTIN LUTHER KING JR., AT 2:00 P.M. THERE WILL BE A DEDICATION TO THE MARTIN LUTHER KING MEMORIAL PARK COUNCILMEMBER SMITH- WISHED EVERYONE A HAPPY NEW YEAR, ANNOUNCED THAT ON JANUARY 12,2008 OUR MOTHER OF MERCY WOULD BE HAVING A MARDI GRAS PARADE STARTING AT 10:00 A.M., COMMENTED THAT HE VISITED WITH FIRE FIGHTER CODY Page 12 of 13 Minutes-January 8,2008 SCHRODER, HE WAS IN GOOD SPIRITS AND WANTS TO GET WELL TO GET BACK TO WORK, ON JANUARY 26, 2008 A CLEAN UP WILL TAKE PLACE IN WARD IV, MEETING PLACE WILL BE AT THE MASONIC LODGE 3025 SOUTH 5T"STREET CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - WISHED EVERYONE A HAPPY NEW YEAR, INFORMED THE MEDIA THAT A PRESS RELEASE WILL BE RELEASED AT 5:00 P.M., REGARDING THE VOTE MADE ON ITEM #12, CONDOLENCES TO THE FAMILY OF FORMER MAYOR RITTER, SPOKE ABOUT HIS TRIBUTE AND THE MANY ACCOMPLISHMENTS HE DID WITHIN THE CITY EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Dan Eisen Claim of John and Brenda Gilbert 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 Open session of meeting recessed at 3:43 p.m. There being no action taken in Executive Session, Council adjourned. Audio tapes are available upon request in the City Clerk's Office. Becky Ame Oayor •• Tina Broussard, City Clerk Page 13 of 13 Minutes-January 8,2008