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HomeMy WebLinkAboutMIN AUG 15 2006 M I N U T E S - CITY OF BEAUMONT Andrew P. Cokinos,At-Large GUY N. GOODSON, MAYOR Becky Ames, At-Large Lulu L. Smith,Ward I CITY COUNCIL MEETING Nancy Beaulieu, Mayor Pro Tem, Ward II Audwin Samuel, Ward III August 15, 2006 Bobbie J. Patterson,Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Rose Ann Jones, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on August 15, 2006, 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 - Gary Sera-Chair of the Executive Council of the Texas Manufacturing Assistance Center Public Comment: Persons may speak on scheduled agenda items 1-2, 4-11/Consent Agenda Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Pastor Tony Fitzgerald of the South Park Church of Christ gave the invocation. Councilmember Ames led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Goodson, Mayor Pro Tern Beaulieu (arrived at 1:35 p.m.), Councilmembers Smith(arrived at 1:35 p.m.), Ames, Samuel and Patterson. Absent: Councilmember Cokinos. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions Presentation: Gary Sera, Division Director at the Texas Engineering Extension Services at Texas A&M, Chair of the Executive Council of the Texas Manufacturing Assistance Center and Dr. Russ Waddell, Director of Entrepreneurship at Lamar University, which includes the Institute for Entrepreneurial Studies and the Small Business Development Center presented their new joint public-private partnership to work with hurricane-impacted manufacturers. Eligible companies will receive a free assessment of their operation to identify priority needs and offer recommendations. Recognition: Mayor Goodson presented an "Honorary Citizenship" card to Olga Prosvirina, a foreign exchange student who is staying with Randall Collins Public Comment: Persons may speak on scheduled agenda items 1-2, 4-11/Consent Agenda. None Minutes-August 15,2006 CONSENT AGENDA Approval of minutes - Minutes of August 1, 2006 Confirmation of committee appointments - Resolution 06-223 Ted Moor, III would be appointed to the Planning and Zoning Commission. The term would commence August 15, 2006 and expire August 14, 2009. (Mayor Guy Goodson) Randall Collins would be appointed as an alternate to the Planning and Zoning Commission. The term would commence August 15, 2006 and expire August 14, 2009. (Mayor Guy Goodson) Johnny Casmore would be reappointed as Chairman of the Martin Luther King,Jr. Parkway Commission. The current term would expire January 31, 2007. (Mayor Guy Goodson) A) Authorize the acceptance of a 0.479 acre tract of land out of, Blocks 3 and 4 in the Fuller Keith Addition, being conveyed to the City of Beaumont by First Baptist Church of Beaumont, Texas, Inc. for the new Convention &Visitors Bureau building and parking lot- Resolution 06-224 B) Approve a one (1) year contract for the purchase of wastewater treatment polymer - Resolution 06-225 C) Approve a bid for the purchase of undercarriage parts for three (3) landfill dozers - Resolution 06-226 Councilmember Ames made a motion to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Receive the proposed FY 2007 Budget and schedule a public hearing-Resolution 06-227 Administration recommended that Council schedule a public hearing on September 12, 2006 at 1:30 p.m. in the Council Chambers related to the proposed FY 2007 Budget. Article VI, Section 2 of the City Charter requires that the proposed budget be submitted to the Council at least 45 days prior to the beginning of the new fiscal year. In addition, Section 4 requires Council to schedule a public hearing on the proposed budget and authorize the City Clerk to publish the notice of the public hearing. Page 2 of 13 Minutes-August 15,2006 A public hearing will be held on the date Council schedules. If the appropriations increase, another public hearing must be held. The target date for adoption of the FY 2006 Budget is September 19, 2006. However, it must be adopted no later than September 27, 2006. Councilmember Ames moved to APPROVE RESOLUTION 06-227 TO RECEIVE THE PROPOSED FY 2007 BUDGET AND SCHEDULE PUBLIC HEARING. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 2. Receive the proposed 2007 Capital Program and schedule a public hearing - Resolution 06-228 Administration recommended that Council schedule a public hearing on September 12, 2006 at 1:30 p.m. in the Council Chambers related to the proposed 2007 Capital Program. The proposed 2007 Capital Program was originally submitted to Council on May 12, 2006. Revisions have been made to the original proposed document. Article VI, Section 20 of the City Charter requires Council to schedule a public hearing on the proposed Capital Program and authorize the City Clerk to publish the notice of the public hearing. The financial impact of the Capital Program will be reviewed with Council at a work session on August 29, 2006. A public hearing will be held on the date Council schedules. The target date for adoption of the Capital Program is September 19, 2006. However, it must be adopted no later than September 27, 2006. Councilmember Patterson made a motion to APPROVE RESOLUTION 06-228 TO RECEIVE THE PROPOSED 2007 CAPITAL PROGRAM AND SCHEDULE A PUBLIC HEARING. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider approving a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) to PD (Port Development) District for the property bordered by Buford, Carroll, Stewart and Leiper - Ordinance 06-047 Page 3 of 13 Minutes-August 15,2006 Mayor Goodson stated that he was abstaining from this agenda item and turned the meeting over to Mayor Pro Tern Beaulieu for the duration of this item only. Administration recommended approval of a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to PD(Port Development) District for the property bordered by Buford, Carroll, Stewart and Leiper. The Port of Beaumont is requesting a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to PD (Port Development) District for three blocks bordered by Buford to the north, Carroll to the east, Stewart to the south and Leiper to the west. The Port states that it plans to use the property for the parking of vehicles and/or staging of equipment and such activities that are comparable to light industrial activities. The Charlton-Pollard Neighborhood Plan designates this area as a "Transitional Area". A Transitional Area is defined in the plan as one that allows mixed uses, including residential, commercial, warehousing and possibly some light industrial uses that would be allowed only with special permission from City Council. The subject property is surrounded by vacant properties and is located in an area that is not conducive to residential uses. To the north and east are Port of Beaumont facilities. In response to concerns over the lack of any buffering between Port property and private property, the Port, in a separate agreement, will establish a "green zone" along the south side of the seven acres for which rezoning is requested. At a Joint Public Hearing held July 17, 2006, the Planning Commission voted 5:1 to approve a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) to PD (Port Development) District for the property bordered by Buford, Carroll, Stewart and Leiper. Councilmember Samuel made a motion to ADOPT ORDINANCE 06-047 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULARTHE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO PD (PORT DEVELOPMENT)DISTRICT FOR PROPERTY BORDERED BY BUFORD TO THE NORTH,CARROLL TO THE EAST, STEWART TO THE SOUTH AND LEIPER TO THE WEST, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Ames seconded the motion. AYES: MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES,SAMUEL AND PATTERSON NAYS: NONE ABSTAIN: MAYOR GOODSON MOTION PASSED Page 4 of 13 Minutes-August 15,2006 Following the passage of this item, Mayor Goodson resumed presiding over the meeting. 4. Consider approving a contract for interior renovations of the Julie Rogers Theatre - Resolution 06-229 Administration recommended approval of a contract with Bruce's General Construction, Inc. of Beaumont to furnish all labor, materials, supplies and equipment to renovate the interior of the Julie Rogers Theatre in the amount of $1,845,000. In September 2005, winds from Hurricane Rita destroyed a portion of the Theatre roof. Water, dampness and high humidity ruined the 1St and 2nd floor carpet, wall and ceiling plaster in the auditorium and the auditorium seating. Upon assessment of the damage, it was determined that the majority of the building's interior would have to be renovated. The architectural firm of The Labiche Architectural Group, Inc. surveyed the building and prepared plans and specifications for interior renovations. The proposed decorative interior painting for the 1St floor hallway, auditorium, and lobby entrance was created by Conrad Schmitt Studios, Inc. of New Berlin, Wisconsin. Conrad Schmitt Studios are comprised of artisans that specialize in historic theatre decorative painting schemes. Their services include plaster restoration,creating a decorative scheme and application of all finishes. Conrad Schmitt Studios submitted a quote for their services. The cost was included in the bid specifications provided to all general contractors submitting a bid. Other interior renovations include remodeling the 2nd floor offices to accommodate the Convention Facilities staff, remodeling the Green Room, the Rose Room, replacing and adding additional lighting in hallways, cleaning and repairing the chandeliers in the lobby areas, leveling floor surfaces for installation of floor coverings, remodeling the dressing rooms and restrooms on both the 1St and 2nd floors, upgrading electrical components, and remodeling the ticket office. Bruce's General Construction, Inc. must complete the project within 225 days. Bruce's General Construction, Inc. is a City certified Minority Business Enterprise. Insurance proceeds and FEMA reimbursements totaling$1.74M will be applied to the total cost of renovation. Additional funding sources are contributing $403,150 forthe decorative painting created by Conrad Schmitt. Since some of the renovation is not due to the hurricane, the remaining costs will be funded by the Capital Program. Carpet and auditorium seating will be ordered separately under a State contract, and are not a part of this contract. Mayor Pro Tern Beaulieu made a motion to APPROVE RESOLUTION 06-229 THAT THE BID SUBMITTED BY BRUCE'S GENERAL CONSTRUCTION, BEAUMONT, TEXAS, IN THE AMOUNT OF $1,845,000 FORA CONTRACT TO FURNISH ALL LABOR,MATERIALS,SUPPLIES AND EQUIPMENT TO RENOVATE THE INTERIOR OF THE JULIE ROGERS THEATRE BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. Page 5 of 13 Minutes-August 15,2006 AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 5. Consider approving a three (3) year contract for the management of the Beaumont Municipal Transit System - Resolution 06-230 Administration recommended award of a three (3) year contract with CCL Management, Inc., with two (2) successive one (1) year renewal options. Bid notices were provided to four (4) vendors with only CCL responding with a bid. CCL Management, Inc. has managed the Beaumont Municipal Transit service since 1974. The Beaumont Municipal Transit system currently operates a fleet of nineteen (19) buses, nine (9) paratransit vans and four (4) support vehicles. Funds are available for this expenditure in the Transit Fund. Councilmember Smith made a motion to APPROVE RESOLUTION 06-230 THAT THE CITY COUNCIL HEREBY APPROVES A THREE(3)YEAR CONTRACT WITH TWO SUCCESSIVE ONE(1)YEAR RENEWAL OPTIONS WITH CCL MANAGEMENT, INC. FOR THE MANAGEMENT OF THE BEAUMONT MUNICIPAL TRANSIT SYSTEM. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 6. Consider approving payment of invoices for services performed subsequent to Hurricane Rita - Resolution 06-231 Administration recommended payment in the amount of$183,846.33 to C & B Services for tear-out and drying services provided at the Theodore Johns Library at 4255 Fannett. The Johns Library sustained interior water intrusion primarily as a result of the roof trim failing due to the high wind. The trim failure effectively allowed the wind to lift the roof, providing ample access for the wind-blown rain to gain entry. Upon discovery of water within the structure, Building Services personnel secured C & B Services to remove wet materials and properly dry the interior of the building to restore a safe environment. This expenditure will be funded by proceeds from the City's insurance carrier. Mayor Pro Tern Beaulieu made a motion to APPROVE RESOLUTION 06-231 THAT THE CITY COUNCIL HEREBY APPROVES PAYMENT OF INVOICES IN THE AMOUNT OF $183,846.33 TO C & B SERVICES OF PORT NECHES,TEXAS FORSERVICES PERFORMED SUBSEQUENTTO HURRICANE RITA Page 6 of 13 Minutes-August 15,2006 AT THE THEODORE JOHNS LIBRARY AT 4255 FANNETT. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 7. Consider approving a six (6) month contract for the purchase of asphaltic concrete - Resolution 06-232 Administration recommended award of a six (6) month contract to APAC-Texas, Inc. for purchasing asphaltic concrete at the unit costs stated below with an estimated total contract expenditure of $162,000. Cold laid asphaltic concrete is used for repairing potholes and small sections of street, while hot laid asphaltic concrete is used for repairs to larger street sections. It is estimated that approximately 3,000 tons of asphaltic concrete will be used during the term of the contract. The contract provides for the vendor to furnish asphaltic concrete at the following fixed unit prices: $54.00 per ton for hot laid concrete - plant pickup, $58.25 per ton for jobsite delivery; and $54.00 per ton for cold laid concrete - plant pickup, $57.65 per ton for jobsite delivery. The prior contract period prices were as follow: $45.00 per ton for hot laid concrete - plant pickup, $49.25 per ton for jobsite delivery; and $49.00 per ton for cold laid concrete- plant pickup, $52.65 per ton for jobsite delivery. Funds are available for this expenditure in the Public Works Department's operating budget. Councilmember Smith made a motion to APPROVE RESOLUTION 06-232 THAT THE BID SUBMITTED BY APAC-TEXAS, INC. IN THE FIXED UNIT AMOUNTS AS SHOWN: $54.00 PER TON FOR HOT LAID CONCRETE-PLANT PICKUP,$58.25 PER TON FOR JOBSITE DELIVERY;AND$54.00 PER TON FOR COLD LAID CONCRETE-PLANT PICKUP,$57.65 PER TON FOR JOBSITE DELIVERY FOR AN ESTIMATED TOTAL AMOUNT OF $162,000 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED Page 7 of 13 Minutes-August 15,2006 8. Consider approving the purchase of one (1) street paver through the Houston-Galveston Area Council - Resolution 06-233 Administration recommended the purchase of one (1) 2006 Ingersoll-Rand paver through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program. The machine will be ordered from Romco Equipment Co. of Houston at a total cost of $101,725. One (1) Ingersoll-Rand paver will be purchased for the Public Works Department, to be used in street repair. The paver is a machine utilized in the lay-down of new sections of City streets. Funds for this expenditure are available in the Capital Reserve Fund. The total cost includes an H-GAC administration fee in the total amount of $1,503. Councilmember Smith made a motion to APPROVE RESOLUTION 06-233 THAT THE CITY COUNCIL HEREBYAPPROVES THE PURCHASE OF ONE(1)2006 INGERSOLL-RAND PAVER THROUGH THE HOUSTON-GALVESTON AREA COUNCIL(H-GAC)COOPERATIVE PURCHASING PROGRAM IN THE AMOUNT OF $101,725. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 9. Consider authorizing the City Manager to execute agreement with A T & T for high-speed data circuit lines - Resolution 06-234 Administration recommended approval of a three (3) year agreement for a channelized DS3 high-speed data line from AT&T in the amount of $1,950 per month. In October 2005, the City purchased equipment to upgrade its data infrastructure. New data circuit lines including point to point T-1 lines are required to support the new infrastructure. City buildings are currently connected to the City's network by a combination of Frame Relay and DSL circuits. These circuits have been in place for a number of years and do not support the demands the newer windows based applications require. The channelized DS3 will conduct up to twenty-eight(28) T-1 lines which provides higher reliability and less cost. The three year service contract for the Channelized DS3 line is $1,950 per month. The current service contract is $3,496.77 per month. This line will be cancelled resulting in a net savings of 18,561.24 per year. Funds are budgeted in the Communications Division's operating budget. Councilmember Ames made a motion to APPROVE RESOLUTION 06-234 THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE A THREE(3)YEAR AGREEMENT IN THE AMOUNT OF $1,950 PER MONTH WITH AT&T FOR A CHANNELIZED DS3 HIGH-SPEED DATA LINE. Councilmember Patterson seconded the motion. Page 8 of 13 Minutes-August 15,2006 AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 10. Consider approving Change Order No. 1 for the Tyrrell Historical Library repair project - Resolution 06-235 Administration recommended authorizing the City Manager to execute Change Order No. 1 to the construction contract for the Tyrrell Historical Library repair project. Change Order No. 1 in the amount of $57,750 is requested for the replacement of the existing 60 ton air-cooled HVAC water chiller with a new Trane 60 ton air-cooled scroll chiller. The price includes the removal of the existing chiller, installation of the new unit and all required piping and electrical work. The water chiller failed while repairs were in progress at the Library. The unit was in excess of 20 years old and well beyond its useful life; therefore, it was determined that the unit should be replaced. Milton Bell, the architect overseeing the repairs to the building, contacted H.B. Neild and arranged for a new unit to be ordered and shipped while repairs are still underway on the roof. Change Order No. 1 will increase the construction cost by 16% to $409,050. No contract extension time is required for this change order. Change Order No. 1 will increase the cost of the construction project by a total of$57,750. Funds are available in the Capital Program. The replacement of this unit is not related to storm damage. Mayor Pro Tern Beaulieu made a motion to APPROVE RESOLUTION 06-235 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO.1 INCREASING THE CONTRACT AMOUNT BY$57,750 THEREBY INCREASING THE CONTRACT AMOUNT TO$409,050 FOR THE TYRRELL HISTORICAL LIBRARY REPAIRS TO THE DAMAGE SUSTAINED FROM HURRICANE RITA. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 11. Consider approving a one(1)year contract for the purchase of water treatment chemicals- Resolution 06-236 Page 9 of 13 Minutes-August 15,2006 Administration recommended award of a one (1) year contract to various vendors as reflected below for purchasing water treatment chemicals at the unit costs stated below with an estimated total annual expenditure of approximately $187,000. Bids were requested for an annual contract for water treatment chemicals for use by the Water Utilities Department. The chemicals included in this bid are listed below. The chemicals are used to disinfect and purify the water supply. Funds are available for this expenditure in the Water Utilities Department's operating budget. Councilmember Smith made a motion to APPROVE RESOLUTION 06-236 THAT THE BID SUBMITTED FOR A ONE (1) YEAR CONTRACT FOR THE PURCHASE OF WATER TREATMENT CHEMICALS FOR USE BY THE WATER UTILITIES DEPARTMENT BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER PATTERSON - NONE COUNCILMEMBER SAMUEL - WOULD LIKE FOR THE CITY MANAGER TO CHECK INTO THE COMPLAINTS FROM CITIZENS WHO HAVE WORK DONE BY THE CONTRACTORS LAYING THE NEW SANITARY SEWER LINEAND LEAVING PILES OF DIRT ON THE OWNERS' PROPERTY; WOULD LIKE TO HAVE THE CITY PAY CLOSE ATTENTION TO THE OVERGROWN VACANT LOTS IN THE CHARLTON- POLLARD AREA COUNCILMEMBER AMES - NONE MAYOR PRO TEM BEAULIEU - COMPLIMENTED THE CITY STAFF FOR THEIR INVOLVEMENT IN THE NEIGHBORHOOD ASSOCIATIONS AND THE CITIZENS FOR THEIR INVOLVEMENT IN THEIR COMMUNITY COUNCILMEMBER SMITH - EXPRESSED HER CONCERNS AND FRUSTRATIONS OF THE NEIGHBORHOODS WHEN RULES ARE NOT STRONG ENOUGH TO BE ENFORCED AND INTERFERE WITH THE NORMAL EVERYDAY LIVES OF THE OWNERS;WOULD LIKE COUNCIL TO LOOK INTO THESE AREAS AND SEE WHAT CAN BE DONE ABOUT IT CITY ATTORNEY COOPER - NONE Page 10 of 13 Minutes-August 15,2006 CITY MANAGER HAYES- ANNOUNCED THAT A WORKSESSION WILL BE HEARD ON THE PROPOSED BUDGET AND CAPITAL PROGRAM ON TUESDAY, AUGUST 29 HERE IN THE COUNCIL CHAMBERS AT 1:30 P.M. MAYOR GOODSON - EXTENDED SYMPATHY FOR LOSS OF TWO ICONS IN THE CITY: [ALFRED LONG] WHO WAS A GREAT FRIEND TO THE POLICE DEPARTMENT AND THE AMELIA NEIGHBORHOOD ASSOCIATION AND FOR THE LOSS OF MARIE CALCOUTE WHO WORKED SO TIRELESSLY FOR THE KEEP BEAUMONT BEAUTIFUL COMMISSION;WOULD LIKE TO REVIEW SOME OF THE ROUTES OF THE BEAUMONT MUNICIPAL TRANSIT;ALSO CONCERNED ABOUT THE FUTURE CONSTRUCTION OF CITY BUILDINGS AND IMPACT OF WIND DAMAGE;WOULD LIKE THE CITY TO LOOK INTO A POSSIBLE SOURCE OF FUNDING BY THE DAR FOR THE TEMPLE OF THE BRAVE AND AN UPDATE ON THE STATUS OF THE REPAIRS Public Comments (Persons are limited to three minutes) Allen Lee 5095 Maddox Street Beaumont TX Expressed two issues: petition submission and suffering of small business owners Chris Lyles 9610 Josey Street Beaumont TX General Manager-Wild Bills: smoking ordinance is hurting bars and night clubs Jeff McCarson 1249 N. Meeker Beaumont TX Owner-Crockett Street Dining and Entertainment District: representing the voices of many clubs and restaurants who have been drastically affected by the smoking ordinance and are now in a downward spiral Hidlet Briggs Jr. 4180 Pierre Drive Beaumont TX 11 ti,Street Bingo Association is a non profit organization and the no smoking ban is hurting their business and they are not able to continue to support their charitable contributions Bill Savage 11th Street Bingo Beaumont TX Commander Post 33 American Legion: since the smoking ban has been in effect, they are unable to meet their payroll and unable to support their charities Glenda Ardoin 2540 Sycamore Beaumont TX Thanked Councilmember Samuel,the Charlton-Pollard Neighborhood Association and the Port of Beaumont fortheir commitment to continue to dialogue; disappointed in the way the Council members did not recognize or thank the many volunteers at the Night Out Against Crime Page 11 of 13 Minutes-August 15,2006 I Christine R. Trahan 6420 Tyler Circle Lumberton TX President American Legion Post 33 Auxiliary: received a letter giving them an exemption to the smoking ban and then this exemption being revoked; this loss of income makes it impossible for them to continue to operate and support their charities Roy Etie 8190 Shenandoah Beaumont TX Owner of RoyBobs Restaurant and Bar Supply Company: Commended Slade Ham for his support in spearheading this effort; feels that profit margins are not the same for every owner and a drop of revenue in some may make the difference between remaining open or closing Joe Lewis Box 62 Beaumont TX Stated he is a non-smoker but respects the rights of smokers in traditional places to smoke and feels that Council's actions have violated their rights as citizens Robert Preston 1190 Iowa Beaumont TX Spoke on the need for better distribution of food supplies Slade Ham 6045 Alpine Circle #C104 Beaumont TX Commended the Mayor on the way he handled some of the issues; feels that the general consensus feels that everybody would like to see this issue go to a vote; requesting that over the course of the next 3 months that the smoking ban be lifted until after the voters have had a right to voice their choice Butch Berwick 1745 Rose Lane Beaumont TX Owner of Pacesetter Lounge: requested that the smoking ban be reconsidered as he has had a large decrease in income and had to cut back on his manpower Trisha Grice 195 W. Circuit Beaumont TX Owner of Vortex: recently opened a business and with the smoking ban in effect feels that this will cause the business to fail Open session of meeting recessed at 3:00 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Mary Coward Page 12 of 13 Minutes-August 15,2006 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 Clerk There being no action taken in Executive Session, Council adjourned. Audio tapes are available upon request in the City Clerk's Office. ""gi Guy N. Goodson, Mayor Rose Ann Jones, TR City Clerk �l MONj.�1o0 &see 0 W Page 13 of 13 Minutes-August 15,2006