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HomeMy WebLinkAboutMIN DEC 23 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 11 Audwin Samuel, Mayor Pro Tern,Ward III December 23, 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 December 23,2008, 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 5-14/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Bishop Curtis Guillory of Catholic Diocese of Beaumont gave the invocation. Skylar Vallier and Aurora Williams, grandchildren of Councilmember Gethrel Williams-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, Wright, Pate and Smith. Absent: Councilmember Beaulieu. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Councilmember Beaulieu was out of town spending the holidays with her family. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled agenda items 5-14/Consent Agenda. None CONSENT AGENDA Approval of minutes - December 16, 2008 Confirmation of committee appointments - None Minutes-December 23,2008 A) Approve entering into a Landscape Partnership Program Agreement with TXDOT for plantings and maintenance of plantings within TXDOT rights-of-way - Resolution 08 - 346 B) Authorize the City Manager to execute an Industrial District Contract with DCP Midstream, LP - Resolution 08 - 347 C) Authorize the City Managerto execute an Industrial District Contract with Slamback Partners- Resolution 08 - 348 D) Approve a resolution accepting maintenance of the street, water and sanitary sewer improvements in Regent I, Hope VI Subdivision - Resolution 08 - 349 Councilmember Smith made a motion to approve the Consent Agenda. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a request for a specific use permit to allow pre-owned auto sales in an NSC (Neighborhood Shopping Center) District and GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at W. Lucas at Arthur. Administration recommended approval of the request. Tony and Dana Archibald have applied for the specific use permit. There will be no more than six cars in inventory at any one time. The office for the pre-owned car sales will be located in the existing office for the West End Storage facility. At a Joint Public Hearing held December 15,2008,the Planning Commission recommended approval 6:0 of a specific use permit to allow pre-owned auto sales in an NSC(Neighborhood Shopping Center) District and GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at W. Lucas at Arthur. Councilmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW PRE-OWNED AUTO SALES IN AN NSC(NEIGHBORHOOD SHOPPING CENTER) DISTRICT AND GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY) DISTRICT FOR PROPERTY LOCATED AT W. LUCAS AT ARTHUR IN THE CITY OF BEAUMONT,JEFFERSON COUNTY, TEXAS. Councilmember Wright seconded the motion. Page 2 of 14 Minutes-December 23,2008 AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 112 2. Consider a request for a specific use permit to allow church parking in an RS (Residential Single Family Dwelling) District at 1135 Chamberlin. Administration recommended approval of the request. Pastor Carl Vickery, representing Calvary Tabernacle Ministries, has applied for the specific use permit. Pastor Vickery states that the church has been at this location for more than twenty years. Because of recent growth,the church is in dire need of additional parking. In May,2008,the church bought the subject property so that it could add more parking spaces. At a Joint Public Hearing held December 15,2008,the Planning Commission recommended approval 6:0 of a specific use permit to allow church parking in an RS (Residential Single Family Dwelling) District at 1135 Chamberlin, subject to the following conditions: 1. The parking lot must be in compliance with the City's drainage requirements. 2. The driveway and parking lot must meet with the Traffic Engineering Division's approval. 3. A six foot wide landscape strip must be installed along the street frontage of the new parking lot. Mayor Pro Tern Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW CHURCH PARKING IN AN RS(RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 1135 CHAMBERLIN IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 113 Page 3 of 14 Minutes-December 23,2008 3. Consider a request for a specific use permit to allow a church and community outreach center in an RS (Residential Single Family Dwelling) District at the northwest corner of Broussard Road and Best Drive. Administration recommended approval of the request. Pastors Henry and Tquita Brown, representing Colossians Christian Center Church, have applied for the specific use permit. Pastors Brown state that the church will serve the community through a variety of ministries. The initial phase of construction will consist of a 9,500 sq. ft. sanctuary and the necessary parking. A future phase will consist of a 6,719 sq.ft. community fitness and outreach center and related parking. The church will accommodate a maximum attendance of 500. At a Joint Public Hearing held December 15, 2008,the Planning Commission recommended approval 6:0 of a specific use permit to allow a church and a community outreach center in an RS (Residential Single Family Dwelling) District at the northwest corner of Broussard Road and Best Drive, subject to the following conditions: 1. The site plan must comply with City drainage requirements. 2. Off-street parking lot and driveway dimensions and number of off-street parking spaces must comply with City standards. 3. The parking lot must meet the City landscaping requirements both within the interior of the parking lot and along all street frontages. 4. A sidewalk will be required along Broussard Road. 5. An 8' fence and 10' wide landscape strip will be required along the north and west property lines. Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH AND COMMUNITY OUTREACH CENTER IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF BROUSSARD ROAD AND BEST DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 114 4. Consider a request for an amended specific use permit to allow for the expansion of a medical building in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at the northeast corner of Folsom and Pointe' Parkway. Page 4 of 14 Minutes-December 23,2008 Administration recommended approval of the request. Clifton Thomason has applied for the amended specific use permit. In June, 2008, a specific use permit was approved fora 25,400 sq.ft. medical office building. It is now the desire of the developer to add 3,373 sq. ft. of building space. At a Joint Public Hearing held December 15,2008,the Planning Commission recommended approval 6:0 of an amended specific use permit to allow for the expansion of a medical building in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at the northeast corner of Folsom and Pointe' Parkway subject to the following conditions: 1. Drainage of the project must comply with the City's drainage requirements. 2. The driveways and parking lots must comply with the City's driveway and parking lot standards. 3. The perimeter and interior of the parking lots must meet the City's landscaping requirements. 4. Provide an 8' tall wood screening fence along the north end of the subject property. 5. Sidewalks will be required along Folsom and Pointe' Parkway. and with a waiver of the 10' wide landscape strip along the north property line. Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO CLIFTON THOMASON TO ALLOW FOR THE EXPANSION OF A MEDICAL BUILDING IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT AT THE NORTHEAST CORNER OF FOLSOM AND POINTE PARKWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 115 5. Consider authorizing the City Manager to execute a contract for an Ammonia System Addition at the Loeb Water Plant . Administration recommended approval of a contractwith Placo, Ltd., Lumberton,Texas, in the amount of$488,907.51 for the Proposed Ammonia System Addition for Loeb Water Plant Project. This project shall provide for furnishing and installing anew Ammonia Chemical Feed system at the existing Loeb Water Plant Site. The project includes replacement of two (2) existing flowmeters on the High Service Pump Discharge to the distribution system and new chemical monitoring equipment. Page 5 of 14 Minutes-December 23,2008 The MBE participation will be met with Gulf Coast Electric Company. The amount of the subcontract is for $126,180 which represents 25.81 percent of the total bid. The City owns three(3)ground water wells located in Lumberton,Texas.The wells pump raw water into two(2)five million gallon ground storage tanks.The ground water is disinfected prior to entering the two ground storage tanks by chlorine solution injection to provide free chlorine residual. The treated water is then pumped into the distribution system for customer consumption. The addition of ammonia with chlorine will provide disinfection using chloramines. The treatment process at the existing Water Treatment Plant, located on Pine Street, is currently using chloramines. Where the well and surface water meet, the current different disinfection methods have the potential to create poorwater quality.The addition of ammonia will assist in maintaining high water quality at the interface of the treated water in the distribution system. Funds for the project are available in the Capital Program. Mayor Pro Tern Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH PLACO, LTD., LUMBERTON, TEXAS, IN THE AMOUNT OF $488,907.51 FOR THE PROPOSED AMMONIA SYSTEM ADDITION FOR LOEB WATER PLANT PROJECT. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 350 6. Consider authorizing the City Manager to increase the Surface Water Treatment Plant Improvements Phase I Project for "extra work". Administration recommended approval of increasing the Proposed Surface Water Treatment Plant Improvements Phase I Project by$239,066.95.The proposed changes to the contract will furnish labor,equipment,and material to install a new alum tank,the removal and disposal of deteriorated existing precast pipe supports, and furnish labor, equipment, and material to install stainless steel pipe supports for each of the three pulsators.The proposed changes will increase the contract time by 55 calendar days. The additional days including approved rain days increases the total contract time to 520 calendar days. The proposed extra work will represent an increase of 2.97% of the original contract amount. This project is the construction phase of the improvements at the Water Treatment Plant including renovating the pulsators,and building new chlorine and chemical feed facilities.The pulsators were originally sedimentation basins constructed in 1948. During the 1980's, the basins were converted into the pulsators. The project will repair the numerous cracks in the reinforced concrete walls and floors. Page 6 of 14 Minutes-December 23,2008 Funds for the project are available in the Capital Program. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1 IN THE AMOUNT OF $239,066.95, THEREBY INCREASING THE CONTRACT AMOUNT TO $8,280,258.45. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 351 7. Consider approving the purchase of air-cooled chillers for use at various city facilities. Administration recommended the purchase of two(2)air-cooled chillers from Trane Company of Houston in the amount of $265,643 through The Cooperative Purchasing Network The air conditioning at the Police Building, Main Library, and part of the Julie Rogers Theatre is provided by an indoor chilled water system located in the Police Building. The system is approximately thirty (30) years old and maintenance on the system is continuous and inefficient. This system provides air conditioning to the Police Building, Main Library and cools approximately 60%of the Julie Rogers Theatre. The replacement system uses outdoor air- cooled chillers and will be capable of providing air conditioning more efficiently at the Police Building, Main Library and approximately 95% of the Julie Rogers Theatre. Funds are budgeted in the Capital Program for this project. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF TWO (2) AIR-COOLED CHILLERS IN THE AMOUNT OF $265,643 FROM TRANE COMPANY OF HOUSTON, TEXAS, THROUGH THE COOPERATIVE PURCHASING NETWORK ADMINISTERED BY THE REGION 4 EDUCATION SERVICE CENTER. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 352 Page 7 of 14 Minutes-December 23,2008 8. Consider granting a new solid waste collection and transportation service franchise. Administration recommended granting a solid waste collection and transportation service franchise to Coastal Waste Disposal, Inc. According to City Ordinance 28-22.1, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage,waste or refuse,without first having obtained a franchise from the City. Five(5)entities currently have nonexclusive franchise agreements with the City and are doing business in this area.Coastal Waste Disposal, Inc. has requested that the City Council grant the company such franchise agreement. Coastal Waste Disposal, Inc. is locally owned and has regional operations with one of its corporate office located at 4749 Odom Road in Beaumont. A franchise fee of seven percent (7%) of gross receipts is paid into the General Fund. Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 102 9. Consider authorizing the City Manager to execute an Industrial District Contract with Arkema, Inc.. Administration recommended approval of a resolution authorizing the City Manager to execute an Industrial District Contract with Arkema, Inc. The City currently has a contract with Arkema, Inc.,that will expire December 31, 2008. The new contract will be effective January 1, 2009. The in-lieu of tax payments will be based on a ratio of 80% of property taxes due to the City as if the industry were located within the city limits in 2009 through 2011 and 75% of property taxes due to the City in 2012 through 2015. The 2009 payment will be calculated based on 80% of the assessed value multiplied by the tax rate effective on October 1, 2008 or $0.64 per $100 of assessed valuation. The estimated FY 2009 payment for Arkema, Inc., is$735,200,of the$15,782,000 of industrial payments expected in FY 2009. Page 8 of 14 Minutes-December 23,2008 Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DISTRICT CONTRACT WITH ARKEMA, INC. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 353 10. Consider authorizing the City Manager to execute an Industrial District Contract with Lucite International, Inc.. Administration recommended approval of a resolution authorizing the City Manager to execute an Industrial District Contract with Lucite International, Inc. Industrial District Contracts enable the City to collect payments in lieu of taxes from industries located outside the city limits. The City currently has a contract with Lucite International, Inc.,that will expire December 31, 2008. The new contract will be effective January 1, 2009. The in-lieu of tax payment will be based on a ratio of 80%of property taxes due to the City as if the industry were located within the city limits in 2009 through 2011 and 75%of property taxes due to the City in 2012 through 2015. The 2009 payment will be calculated based on 80% of the assessed value multiplied by the tax rate effective on October 1, 2008 or $0.64 per $100 of assessed valuation. Payments will be due to the City by February 1s` of each year. The estimated FY 2009 payment for Lucite International, Inc., is$486,500 of the$15,782,000 of industrial payments expected in FY 2009. Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DISTRICT CONTRACT WITH LUCITE INTERNATIONAL, INC. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 354 Page 9 of 14 Minutes-December 23,2008 11. Consider authorizing the City Manager to execute an Industrial District Contract with Martin Operating Partnership, LP. Administration recommended approval of a resolution authorizing the City Manager to execute an Industrial District Contract with Martin Operating Partnership, LP. Industrial District Contracts enable the City to collect payments in lieu oftaxes from industries located outside the city limits. The City currently has contracts with Martin Operating Partnership, LP for the Neches Industrial Park and with Martin Gas Sales that will expire December 31,2008. The assets of Martin Gas Sales have been transferred to Martin Operating Partnership, LP,therefore there will only be one industrial contract in the future with Martin Operating Partnership, LP. The new contract will be effective January 1, 2009. The in-lieu of tax payment will be based on a ratio of 80% of property taxes due to the City as if the industry were located within the city limits in 2009 through 2011 and 75% of property taxes due to the City in 2012 through 2015. The 2009 payment will be calculated based on 80% of the assessed value multiplied by the tax rate effective on October 1, 2008 or $0.64 per $100 of assessed valuation. The estimated FY 2009 payment for Martin Operating Partnership, LP. is $443,800 of the $15,782,000 of industrial payments expected in FY 2009. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DISTRICT CONTRACT WITH MARTIN OPERATING PARTNERSHIP, LP. Councilmember Williams seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 355 12. Consider authorizing the City Manager to execute an Industrial District Contract with Centana Intrastate Pipeline, LLC. Administration recommended approval of a resolution authorizing the City Manager to execute an Industrial District Contract with Centana Intrastate Pipeline, LLC. Industrial District Contracts enable the City to collect payments in lieu of taxes from industries located outside the city limits. The City currently has a contract with Centana Intrastate Pipeline, LLC that will expire December 31, 2008. The new contract will be effective January 1, 2009. Page 10 of 14 Minutes-December 23,2008 The in-lieu of tax payment will be based on a ratio of 80%of property taxes due to the City as if the industry were located within the city limits in 2009 through 2011 and 75% of property taxes due to the City in 2012 through 2015. The 2009 payment will be calculated based on 80%of the assessed value multiplied by the tax rate effective on October 1,2008 or$0.64 per $100 of assessed valuation. Payments will be due to the City by February 1St of each year. The estimated FY 2009 payment for Centana Intrastate Pipeline, LLC is $225,300 of the $15,782,000 of industrial payments expected in FY 2009. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DISTRICT CONTRACT WITH CENTANA INTRASTATE PIPELINE, L.L.C. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 356 13. Consider approving the renewal of an annual maintenance agreement for software support. Administration recommended payment of an invoice to SunGard Public Sector for the renewal of an annual maintenance agreement for Police, Fire,and EMS public safety software support in the amount of$224,801. SunGard Public Sector software is used by the Police, Fire, and EMS Departments. This purchase is exempt from competitive bidding since it is available from only one (1) source having exclusive rights to modify and maintain the software. The software maintenance agreement provides twenty-four/seven unlimited telephone support for 911 dispatching; Monday-Friday, 8-5 support for mobile computers, electronic field reporting, and all records management applications, and provides annual software upgrades. The maintenance contract will be funded from the Confiscated Goods Fund and General Fund. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED TO PAY AN INVOICE IN THE AMOUNT OF $224,801 TO SUNGARD PUBLIC SECTOR FOR THE RENEWAL OF AN ANNUAL MAINTENANCE AGREEMENT FOR POLICE, FIRE AND EMS PUBLIC SAFETY SOFTWARE SUPPORT BEGINNING .JANUARY, 2009. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, WRIGHT, PATE AND SMITH NAYS: NONE Page 11 of 14 Minutes-December 23,2008 MOTION PASSED Resolution 08 - 357 14. Consider approving an amendment to the Management and Concession Agreement with the Beaumont Yacht Club. Administration recommended amending the 1998 Management and Concession Agreement with the Beaumont Yacht Club to address the losses caused by Hurricane Ike. On October 1, 1998 the City entered into a Management and Concession Agreement with the Beaumont Yacht Club(BYC)for its continued operation of the City's public marina.The marina is located on approximately 30 acres of city owned river front property north of Interstate 10. To date, the City has invested over $1,500,000 for improvements to the marina. Since the facilities are income producing, the City was to recover its investment from the BYC. A payment schedule was established that provided for monthly installments over a 15 year term, payable from the BYC's operating revenues. On September 13, 2008 Hurricane Ike hit the Beaumont area causing more damage to the marina.The damage included the loss of 65 uninsurable dry stalls.With the loss of the 65 stalls and the related revenue,the BYC would experience a negative cash flow if no other changes were made. For that reason, on October 6, 2008 the BYC's Board of Governors authorized a rate increase of 60%for all stall rentals effective January 1,2009.This rate increase will bring the BYC's cash flow back to a position where all normal operating bills can be paid. Given the existing conditions,amending the Agreement to defer the installments for October, November and December of 2008 is recommended. This deferment would extend the Agreement's expiration date another 3 months, thus expiring on September 30, 2015. Currently,the BYC is seeking application for a Small Business Loan in order to replace the 65 stalls lost in Hurricane Ike. Once that application is approved and the details of the loan are made available, administration may consider amending the Agreement again to accommodate proper cash flows for the BYC. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE AN AMENDMENT TO THE MANAGEMENT AND CONCESSION AGREEMENT WITH THE BEAUMONT YACHT CLUB DEFERRING THE OCTOBER, NOVEMBER AND DECEMBER, 2009 INSTALLMENTS OF $7,500, THEREBY EXTENDING THE EXPIRATION OF THE AGREEMENT TO SEPTEMBER 30, 2015. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 358 Page 12 of 14 Minutes-December 23,2008 COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH- THANKED COUNCILMEMBER WRIGHT'S GRANDCHILDREN FOR THE CHRISTMAS SONG AND SPREADING CHRISTMAS CHEER, WISHED EVERYONE A HAPPY AND SAFE HOLIDAY MAYOR PRO TEM SAMUEL - WISHED EVERYONE A MERRY CHRISTMAS AND A HAPPY NEW YEAR COUNCILMEMBER PATE- WISHED EVERYONE A MERRY CHRISTMAS, THANKED ALL OF THE CHARITABLE ORGANIZATIONS FOR WHAT THEY HAVE DONE THIS CHRISTMAS SEASON, CONGRATULATED COUNCILMEMBER SMITH ON OBTAINING HIS MASTERS DEGREE FROM LAMAR UNIVERSITY COUNCILMEMBER WRIGHT- WISHED EVERYONE A MERRY CHRISTMAS AND A BLESSED NEW YEAR,THANKED SKYLAR AND AURORA,COMMENTED ON THE GUMBO AT THE WATER UTILITIES DEPARTMENT AND THANKED THEM FOR INVITING HER TO THEIR CHRISTMAS LUNCHEON, CONGRATULATED COUNCILMEMBER SMITH ON RECEIVING HIS MASTERS DEGREE, THANKED ALL OF THE CHARITABLE ORGANIZATIONS FOR EVERYTHING THEY HAVE DONE, ENCOURAGED EVERYONE TO DONATE TO THE SALVATION ARMY BELL RINGERS COUNCILMEMBER BEAULIEU - ABSENT COUNCILMEMBER COLEMAN- CONGRATULATED COUNCILMEMBER SMITH ON EARNING HIS MASTERS DEGREE,THANKED HANI TOHME FOR THE GUMBO AT THE WATER UTILITIES DEPARTMENT CHRISTMAS LUNCHEON, THANKED STATION 4 AND THE FIRE DEPARTMENT, CONDOLENCES TO THE HICKMAN FAMILY, WISHED EVERYONE A MERRY CHRISTMAS AND A HAPPY NEW YEAR CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES- MERRY CHRISTMAS AND HAPPY NEW YEAR TO EVERYONE MAYOR AMES - WISHED EVERYONE A MERRY CHRISTMAS AND A HAPPY NEW YEAR, THANKED ALL OF THE COUNCILMEMBERS FOR ALL OF THE WONDERFUL GIFTS, CONGRATULATED COUNCILMEMBER SMITH ON OBTAINING HIS MASTERS DEGREE, CONDOLENCES TO THE HICKMAN FAMILY Page 13 of 14 Minutes-December 23,2008 Public Comments (Persons are limited to three minutes) Ward McCurtain 5975 Gladys Ave Beaumont TX Spoke in favor of the traffic signals, proud of Lamar University and Jimmy Simmons, commented on how great downtown looks, not in favor of spending City's money on the buyout program for the flooded victims in the North End,commented on Concord Road,congratulated Councilmember Smith on obtaining his Masters Degree,wished everyone a Merry Christmas and a Happy New Year EXECUTIVE SESSION - Cancelled Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Tina Lewallen vs. the City of Beaumont Linda Thomas vs. the City of Beaumont and John Savoy There being no Executive Session, Council adjourned at 3:07 p.m. Audio available upon request in the City Clerk's Office. y A e , Mayor V � C� 11 r 01 i Tina Broussard, City Clerk w '�"►wwor�6� Page 14 of 14 Minutes-December 23,2008