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HomeMy WebLinkAboutMIN MAR 24 2009 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr., At-Large BECKY AMES, MAYOR Gethrel Williams-Wright,At-Large Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Ward 11 Audwin Samuel, Mayor Pro Tem,Ward III March 24, 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 March 24,2009,at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 1, 2, 4 & 5/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Reverend Harland Merriam of St.Andrews Presbyterian Church gave the invocation. Anastasia Allen and Esmerelda Allen students at Dishman Elementary School 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, Pate and Smith. Also present were Kyle Hayes,City Manager;Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions Recognition-Councilmember Beaulieu, recognized Mayor Becky Ames for being awarded the Prestigious Leadership Council Award in Louisville, Kentucky by the Atria Senior Living Group, only 11 people across the Nation are honored with this award Recognition-Mayor Ames welcomed a group of young people from Sunlight Baptist Church who are on spring break visiting with their Pastor, Dr. Irving Barrett, to observe the City Council meeting, those students included Nadia Barrett, Clyde Pitre, David Pitre, Diamond Pitre, Wilbur Edwards, Talethia Cormier, Keondre Yates and Rymia Black, Ashton Goodin, and Kiki Greer Recognition-Mayor Ames recognized staff from U.S. Representative Ted Poe's office,the new Chief of Staff,Janet Diaz Brown,Washington, D.C.and Christine Barrs, District Director, Beaumont, Texas Minutes-March 24,2009 "YMBL South Texas State Fair Days" - March 26 -April 5, 2009 - Proclamation read by Mayor Ames; accepted by Donnie Warner, Chairman, 2009 South Texas State Fair; Henry Gaus, 2009 YMBL President, and members of the committee Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on scheduled agenda items 1, 2, 4 & 5/Consent Agenda. Louis Vaughn 9615 Mapes Beaumont TX Spoke regarding Agenda item #2, Photographic Traffic Signal Enforcement System (Red Light Camera System) Douglas Grady Preston 4608 Ford St. Beaumont TX Spoke regarding Agenda item #2, Photographic Traffic Signal Enforcement System (Red Light Camera System) CONSENT AGENDA Approval of minutes - March 10, 2009 Confirmation of committee appointments - Resolution 09 - 078 Christopher Plaunty would be appointed to the Board of Adjustment(Zoning)as an alternate. The term would commence March 24,2009 and expire March 23,2011. (Mayor Becky Ames) Christy Amuny would be appointed to the Board of Adjustment(Zoning)as an alternate. The term would commence March 24, 2009 and expire March 23, 2011. (Mayor Becky Ames) Bessie Chisum would be reappointed to the Community Development Advisory Committee. The current term would expire December 11, 2010. (Councilmember Alan B. Coleman) A) Approve a contract for the purchase of lubricants for various City departments-Resolution 09 - 079 B) Approve a contract for the purchase of wastewater treatment polymer-Resolution 09-080 C) Authorize the City Manager to join with Jefferson County in approving the First Amendment to Frequency Reconfiguration Agreement for the 800 MHz Reconfiguration-Resolution 09- 081 D) Authorize the City Manager to execute a Lease Agreement with David Derharoutian, Landlord, for use of property located at 8155 Phelan Blvd.for the EMS Med. No.4 building- Resolution 09 - 082 Page 2 of 12 Minutes-March 24,2009 E) Consider authorizing the City Manager to sign a contract with the South East Texas Regional Planning Commission (SETRPC) entitled "Interlocal Contract Relating to the Planning, Development, Operation and Provision of 9-1-1 Service and the Use of 9-1-1 Funds" - Resolution 09 - 083 Councilmember Pate made a motion to approve the Consent Agenda. Councilmember Smith 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 the Certification of Unopposed Candidates and the Order of Cancellation of the City of Beaumont's May 9, 2009 General Election. Administration recommended approving the Certification of Unopposed Candidates and the Order of Cancellation of the City of Beaumont's May 9, 2009 General Election. In 1995, the Texas Legislature amended the Election Code to permit the cancellation of an election under certain circumstances. To cancel an election, the governing body must first receive and accept the certification that all candidates in the election are unopposed from the authority responsible for preparing the ballot. The Certification of Unopposed Candidates and the Order of Cancellation must be adopted in an open meeting. Ina city election,the certifying authority is the City Clerk. Candidates must wait until on or after Election Day to take the oath of office. A copy of the order of cancellation shall be posted on Election Day at each polling place that would have been used in the election. The provisions are set forth in accordance with Section 2.053 of the Election Code. The City Clerk will act as the election administrator to handle the May 9,2009 election for the Beaumont Independent School District for School Board Trustees District IV and VII. Councilmember Wright moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE DECLARING THE UNOPPOSED CANDIDATES FOR MAYOR, FOUR WARD COUNCILMEMBERS(WARDS I, II, III AND IV) AND TWO (2) COUNCILMEMBERS-AT-LARGE ELECTED; PROVIDING THAT THE MAY 9, 2009, GENERAL CITY ELECTION SHALL NOT BE HELD;CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, PATE AND SMITH Page 3 of 12 Minutes-March 24,2009 NAYS: NONE MOTION PASSED Ordinance 09 - 012 2. Consider an ordinance establishing a Photographic Traffic Signal Enforcement System(Red Light Camera System). Administration recommended City Council not adopt an ordinance establishing a Photographic Traffic Signal Enforcement System(Red Light Camera System). Overthe past year, the Administration has reviewed and discussed this issue extensively and has found conflicting studies and information related to the overall benefits of the system. Asa result, the recommendation is to not enact an ordinance at this time. State statute allows municipalities to implement a civil penalty by ordinance for anyone who disobeys a red light and is caught by a photographic traffic signal enforcement system. State law allows the presumption that the registered owner of a vehicle is responsible for the penalty. On March 25,2008,the City Council deferred taking action to adopt an ordinance establishing a Photographic Traffic Signal Enforcement System(Red Light Camera System). On March 10,2009,the City Council discussed the Red Light Camera issue in a work session and held a public hearing. The ordinance would establish the process for the administration of the system as well as the civil penalty of$75.00 and late fee of$25.00 for the violation of Texas Transportation Code Sec. 544.007(d). Councilmember Pate made a motion to DENY AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES BY ESTABLISHING A PHOTOGRAPHIC TRAFFIC ENFORCEMENT SYSTEM(RED LIGHT CAMERA SYSTEM) AND PROVIDING FOR: PREAMBLE, PURPOSE, APPLICABILITY, AND FINDINGS; DEFINITIONS; OFFENSE FOR A MOTOR VEHICLE TO VIOLATE 544.004 TEXAS TRANSPORTATION CODE; PROVIDING FOR THE ADMINISTRATION OF THE SYSTEM THROUGH THE POLICE AND PUBLIC WORKS DEPARTMENTS AND THE MUNICIPAL COURT; ESTABLISHING CERTAIN AFFIRMATIVE DEFENSES; PENALTIES INCLUDING A CIVIL PENALTY NOT TO EXCEED $75.00 AND A LATE FEE OF $25.00; PROVIDING AN ADMINISTRATIVE ADJUDICATION HEARING PROCESS TO CONTEST A VIOLATION; APPEAL TO MUNICIPAL COURT;SEVERABILITY;REPEAL OF CONFLICTING ORDINANCES;EFFECTIVE DATE; AND PROPER NOTICE AND MEETING. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS BEAULIEU, WRIGHT, PATE AND SMITH NAYS: COUNCILMEMBER COLEMAN MOTION DENIED Page 4 of 12 Minutes-March 24,2009 Mayor Pro Tern Samuel left the meeting at 2:05 p.m. and returned at 2:07 p.m. 3. Consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling)District, LI (Light Industrial)District and HI (Heavy Industrial)Districtto CBD(Central Business District)and from LI (Light Industrial)Districtto RCR(Residential Conservation and Revitalization) District for the property located at 1076-1460 Calder, 1045-1475 Broadway, 1054-1428 Liberty, 1065-1438 Laurel, 1168-1358 South, 798-1060 Bonham, 500-1000 Blocks of Crockett, 500 - 1000 Blocks of Fannin, 500 - 1000 Blocks of Bowie, 1000 Block of Forsythe, 967-978 Wall, 702-995 College, 100-500 Blocks of Forrest, 100-500 Blocks of Center, 100-500 Blocks of Ewing, 100-500 Blocks of Oakland, 100-500 Blocks of M. L. King Parkway, 700-900 Blocks of Holmes, 300-600 Blocks&800-900 Blocks of Archie, 300-600 Blocks and 800-900 Blocks of Jefferson, 500-600 Blocks&800-900 Blocks of Trinity, 200- 300 Blocks & 500 Block of Neches, 200-400 Blocks of Elizabeth, 300-400 Blocks of Pine, 200-300 Blocks of Tevis, 400 Block of Walnut, 100-400 Blocks of Cypress, 700-800 Blocks of Main. Administration recommended that this request be sent back to the Planning Commission to allow for additional review, including changes to the proposed zoning district boundaries, as well as a proposed chart, outlining permissible uses within the CBD district. Due to ongoing private and public investment, Downtown Beaumont is continuing its revitalization.This revitalization comes after years of disinvestment caused by development patterns shifting toward the suburbs. As existing buildings like the Kyle Building, Century Tower and Crockett Street have been restored, new buildings like Cathedral Square have been constructed. As the City continues to reinvest in Downtown,the need to protect current and future investments has increased. One important way to help protect current investments and to attract new interest is to provide enhanced control of land use. To this end, Planning staff recommends expanding the CBD zoning. In addition,there is one lot in Block 11, Beaumont Addition,that is owned by the Catholic Diocese of Beaumont. The entire block is the site of anew chancery being built by the church. Lot 5 is zoned LI while the rest of the lot is zoned RCR. At a Joint Public Hearing held February 16, 2009, the Planning Commission recommended approval 8:0 of a zone change from GC-MD(General Commercial-Multiple Family Dwelling) District, LI (Light Industrial)Districtand HI (Heavy Industrial)Districtto CBD(Central Business District) and from LI (Light Industrial) District to RCR (Residential Conservation and Revitalization)District,subject to waiving the application cost for specific use permits over the next two years for the current property owners within the boundaries of the subject property. Councilmember Coleman made a motion to DENY AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY FROM GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT, LI (LIGHT INDUSTRIAL) DISTRICT AND HI (HEAVY INDUSTRIAL) DISTRICT TO CBD (CENTRAL BUSINESS DISTRICT) AND FROM LI (LIGHT INDUSTRIAL)DISTRICT TO RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION)DISTRICT FOR THE PROPERTY LOCATED AT 1076-1460 CALDER; 1045-1475 BROADWAY; 1054-1428 LIBERTY; 1065-1438 LAUREL; 1168-1358 SOUTH;798-1060 BONHAM;500-1000 BLOCKS OF CROCKETT; Page 5 of 12 Minutes-March 24,2009 500-1000 BLOCKS OF FANNIN; 500-1000 BLOCKS OF BOWIE; 1000 BLOCK OF FORSYTHE; 967- 978 WALL; 702-995 COLLEGE; 100-500 BLOCKS OF FORREST; 100-500 BLOCKS OF CENTER; 100-500 BLOCKS OF EWING; 100-500 BLOCKS OF OAKLAND; 100-500 BLOCKS OF M. L. KING; 700-900 BLOCKS OF HOLMES; 300-600 & 800-900 BLOCKS OF ARCHIE; 300-600 & 800-900 BLOCKS OF JEFFERSON; 500-600 BLOCKS OF NECHES; 200-400 BLOCKS OF ELIZABETH; 300- 400 BLOCKS OF PINE; 200-300 BLOCKS OF TEVIS; 400 BLOCK OF WALNUT; 100-400 BLOCKS OF CYPRESS; 700-800 BLOCKS OF MAIN, BEAUMONT,JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION DENIED 4. Consider approving a contract for a Workers' Compensation Third Party Administrator. Administration recommended the award of a contract to Abercrombie, Simmons and Gillette (AS&G)Claims Administration of Houston,Texas in the estimated annual amount of$63,600. Request for Proposals were solicited for a one(1)year contract for the self insured workers' compensation program's third party administrator(TPA). There is an option to renew up to an additional four (4) years. Request for Proposals were sent to twenty-five(25)potential responders. Nine(9)responses were received. The respondents were AS&G Claims Administration,Tristar,and Health First TPA. These respondents were allowed to provide a best and final offer which was evaluated with a different set of criteria as outlined in the request for proposal. AS&G Claims Administration is the current provider for Workers'Compensation TPA and the cost is $62,500 per year. Funds are available in the Employee Benefits Fund. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO A ONE (1) YEAR CONTRACT WITH ABERCROMBIE,SIMMONS&GILLETTE,INC.,EFFECTIVE APRIL 1,2009,TO ADMINISTER THE CITY'S SELF-INSURED WORKERS'COMPENSATION PROGRAM FOR$63,600 WITH THE OPTION TO RENEW FOR FOUR(4)ADDITIONAL YEARS AT THE RATES OF $63,600 FOR OPTION YEAR ONE, $64,824 FOR OPTION YEARS TWO AND THREE,AND$64,828 FOR OPTION YEAR FOUR. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE Page 6 of 12 Minutes-March 24,2009 MOTION PASSED Resolution 09 - 084 5. Consider amending Section 20-21 of the Code of Ordinances relating to rental rates for the Rogers Park Community Center,Alice Keith Community Center and the Northend Community Center. Administration recommended approval. On January 15, 2008, Council approved rental rates for the Central Park Community Center at $50 per hour (two-hour minimum) and $25 for the set-up and take-down of tables and chairs. The Administration recommends that the rental rates for similar size community centers be the same. Rogers Park Community Center is planned to open in May 2009,Alice Keith Community Center in the last quarter of 2009 and the Northend Community Center in early 2010. Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 20, ARTICLE 11, SECTION 20-21(h) TO AMEND THE RENTAL RATES FOR ROGERS PARK COMMUNITY CENTER, ALICE KEITH COMMUNITY CENTER AND NORTHEND COMMUNITY CENTER; PROVIDING FOR SEVERABILITY AND 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 09 - 013 WORKSESSION Review and discuss the Preliminary Budget of the 2009 Housing and Urban Development (HUD) Consolidated Grant Program's Annual Action Plan Chris Boone, Community Development Director, stated that the purpose of the worksession was to review and discuss the preliminary budget of the 2009 HUD Consolidated Grant Program's Annual Action Plan. As mandated by HUD,the public participation process requires that the City of Beaumont provide outreach to the community for input and comment for the annual action plan, in which the City has done that with four(4)public hearings within the community,as well as a public hearing being held after the worksession for additional comments. Chris Boone went through the budget discussing Housing Rehabilitation, Interim Assistance, Clearance and Demolition, Public Facility and Improvements, Public Service, Planning and Administration, the total amount of the CDBG budget totaling $1,784,969, total estimated program income totaling $100,000, and the total CDBG and Program Income totaling$1,884,969. Chris also discussed the Home Administration Program, Page 7 of 12 Minutes-March 24,2009 the CHDO reserves, the Down Payment Assistance Program and the Affordable Housing Program totaling $732,967, and the total 2009 proposed budget in the amount of $2,617,936. PUBLIC HEARING Receive comments on the Preliminary Budget of the 2009 Housing and Urban Development (HUD) Consolidated Grant Program's Annual Action Plan Public Hearing Open: 2:20 p.m. None Public Hearing Close: 2:21 p.m. 5. 6. Consider approving a resolution to adopt the Preliminary Budget of the 2009 Housing and Urban Development (HUD) Consolidated Grant Program's Annual Action Plan. Administration recommended approving a resolution to adopt the Preliminary Budget of the 2009 HUD Consolidated Grant Program's Annual Action Plan. As mandated by the U. S. Department of Housing and Urban Development (HUD), City Council has conducted public hearings and work sessions in previous years priorto adopting the City's Annual Action Plan. Community Development Staff, along with other City of Beaumont staff and the Community Development Advisory Committee(CDAC), hosted four (4)Public Hearings in order to receive public comments on the process and activities related to the Preliminary 2009 Annual Action Plan. In accordance with the Citizen Participation Plan, a thirty (30)day comment period, which allows citizens a reasonable time to submit written comments,will follow the adoption of the 2009 Annual Action Plan. Prior to its submission to HUD for approval, City Council will consider adopting the final Draft of the Annual Action Plan on or about April 21, 2009. The 2009 Preliminary budget totaling$2,617,936 is comprised of Community Development Block Grant Funds ($1,784,969), HOME Investment Partnership funds ($732,967) and estimated Program Income ($100,000). Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY ADOPTS THE PRELIMINARY BUDGET OF THE 2009 HUD CONSOLIDATED GRANT PROGRAM'S ANNUAL ACTION PLAN. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Page 8 of 12 Minutes-March 24,2009 Resolution 09 - 085 WORKSESSION Review and discuss regulations relating to oil and gas drilling Chris Boone,Community Development Director,discussed the regulations relating to oil and gas drilling. There is a concern on compatibility issues for the air and water quality,the noise,earth vibrations, light and glare and aesthetics. Chris also discussed the drilling rules, possible code changes and the setback requirements as compared to other comparable cities. Several options were presented to council regarding the oil and gas drilling. The first option was to leave the minimum distance at 300' but require notification, the other option was to require an Specific Use Permit for any driller wanting to locate within 301' and 500' of an occupied structure, and the third option was to required a notification and get approval from Council with no SUP requirement. This item will be put on a future agenda for Council approval. COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - COMMENTED ON THE NLC CONFERENCE IN WASHINGTON, D.C., GAVE A HELLO TO HIS LEADERSHIP BEAUMONT CLASSMATE MICHAEL PEREZ,ANNOUNCED THE MEETING OF THE SOUTH PARK NEIGHBORHOOD ASSOCIATION, ON THURSDAY MARCH 26,2009,ALSO THE MOVIE IN THE PARK ON MARCH 28, 2009 AT CHARLTON POLLARD PARK, LOOKS FORWARD TO SEEING EVERYONE AT THE YMBL STATE FAIR MAYOR PRO TEM SAMUEL- ANNOUNCED THAT CHARLTON POLLARD NEIGHBORHOOD WILL BE HAVING A CLEAN-UP ON APRIL 4,2009,EVERYONE IS INVITED TO COME OUT AND JOIN THEM, THE NEIGHBORHOOD WILL MEET AT THE FAMILY RESOURCE CENTER AT 8:OOA.M, COMMENTED ON THE NLC CONFERENCE IN WASHINGTON, D.C., PLEASED WITH THE POSITION THAT THE NATIONAL LEAGUE OF CITIES HAS TAKEN RELATING TO THE STIMULUS, THERE WERE TALKS REGARDING INFRASTRUCTURE, THE TRANSPORTATION SYSTEM, ROADS AND HIGHWAYS, CREATION OF JOBS, HEALTH CARE SYSTEM, HOUSING MARKET AND SAFE COMMUNITIES, ALSO HAD AN OPPORTUNITY TO MEET WITH CONGRESSMAN BRADY AND TED POE,SENATOR CORNYN AND KAY BAILY HUTCHINSON ON SEVERAL OTHER ISSUES COUNCILMEMBER PATE- COMPLIMENTED THE AREA INDUSTRIES FOR REDUCING THE EMISSIONS FORJEFFERSON COUNTY,COMMENTED ON THE RECOGNITION OF TOMMY AND JOE VANCE, THEY WERE RECOGNIZED BY LAMAR UNIVERSITY,CONDOLENCES TO THE FAMILY OF DR.MARK WILSON WHO WAS THE FOUNDER OF SETMA AND GIRLS HAVEN, INVITED EVERYONE TO THE Page 9 of 12 Minutes-March 24,2009 RIBBON CUTTING OF THE YMBL STATE FAIR ON THURSDAY COUNCILMEMBER WRIGHT - CONDOLENCES TO THE FAMILY OF DR. MARK WILSON, THANKED CAROLYN CHANEY, THE CITY OF BEAUMONT's WASHINGTON LOBBYIST, AND HER STAFF FOR REPRESENTING THE CITY AT THE NATIONAL LEAGUE OF CITIES CONFERENCE IN WASHINGTON,D.C.,THANKED THE PAST PRESIDENT OF LION DELLS AND THE UMPHREY'S FOR THEIR DONATIONS TO LAMAR UNIVERSITY,WELCOMED HER SON, ATTORNEY CORNELIUS WILLIAMS, BACK TO THE BEAUMONT AREA,ALSO COMMENTED ON THERE NOT BEING A CENSUS BUREAU OFFICE IN BEAUMONT, WHICH TAKES AWAY EMPLOYMENT AND WITHOUT A LOCAL CENSUS OFFICE,THE AREA MAY NOT GET AN ACCURATE COUNT,THE NEAREST OFFICE IS IN CONROE, TX COUNCILMEMBER BEAULIEU - REMINDED EVERYONE THAT TXDOT IS UP FOR REVIEW THIS YEAR IN THE LEGISLATURE, ENCOURAGED EVERYONE TO WRITE TO THEIR STATE REPRESENTATIVES .JOE DESHOTEL, ALLEN RITTER AND SENATOR TOMMY WILLIAMS, AND ANY OTHER REPRESENTATIVE THAT YOU KNOW ACROSS THIS STATE,PLEASE LET OUR LEGISLATURE KNOW THAT WE NEED CHANGE,ASKED THAT EVERYONE JOIN HER IN THIS CAMPAIGN COUNCILMEMBER COLEMAN- COMMENTED ON THE NLC CONFERENCE IN WASHINGTON, D.C.,ATTENDED TWO SEMINARS ONE ON "KEEPING GOOD CITY MANAGERS" AND THE OTHER ON "CONFLICT RESOLUTION",ASKED THAT THE CITY MANAGER SCHEDULE A RETREAT SO THAT ISSUES COULD BE DISCUSSED REGARDING A MISSION, VISION AND VALUE STATEMENT, DISCUSS CREATING A CODE OF CONDUCT MANUAL FOR COUNCIL AS WELL AS A PROCEDURE MANUAL FOR NEW COUNCIL MEMBERS CITY ATTORNEY COOPER- CONGRATULATED COUNCIL ON THEIR REELECTION CITY MANAGER HAYES - NONE MAYOR AMES- COMMENTED ON THE CONFERENCE IN WASHINGTON, D.C., WHICH SHE WAS UNABLE TO ATTEND, DID SPEAK WITH CONGRESSMAN TED POE'S STAFF,ALSO COMMENTED ON THE AMTRAK TRAIN STOP AND THAT THE CITY WILL TRY AND LOOK AT BUILDING A SMALLER TRAIN STOP, THE CITY WOULD HAVE TO FIND A DIFFERENT LOCATION, CONDOLENCES TO THE FAMILY OF DR. MARK WILSON Page 10 of 12 Minutes-March 24,2009 Public Comments (Persons are limited to three minutes) Raul Garcia P.O. Box 22572 Beaumont TX Spoke regarding the changes to the mobile food unit Ordinance, had several vendors join him with their concerns as well Carlos Hermosillo 4385 Ogden Ave. Beaumont TX Concerns regarding the mobile food units Gloria Martinez 9395 Greenberg Beaumont TX Mobile food unit concerns Maria Zarate 2405 Taft Ave. Beaumont TX Mobile food unit concerns Olga Olivaros 2317 Broadway Beaumont TX Mobile food unit concerns Nora Lopez 275 N. 7th St. Beaumont TX Mobile food unit concerns T. C. Gibson 5115 Dawn Dr. Beaumont TX Represented the Vietnam Veterans Chapter, Beaumont,TX,thanked Council for their support towards their organization, thanked the Beaumont Health Department for helping them get their permits, also had concerns regarding the permitting for the mobile food units Mickey Phelan 75022 nd St. Beaumont TX Commented on the gas and oil drilling, stated the approval should come from Council, also stated that the Council's job should be the safety of the citizens, making sure the company is a good company and that they are properly insured,this should not be sent to Planning and Zoning, it should go before Council for approval, and so that the citizens can voice their opinions to Council Larry Gouthia 925 DeVilleneuve Beaumont TX Spoke regarding the gas and oil drilling and the loss of his home due to the drilling in the Tyrrell Park neighborhood, a notification of the drilling was never sent to him Page 11 of 12 Minutes-March 24,2009 Bruce Hoffer 2372 Calder Beaumont TX Commented on residing in Old Town, stated that he is a member of the YMBL, invited everyone to attend the State Fair,which opens Thursday, March 26,2009,commented on the City receiving applications for the City Magistrate position, requested that more time be given so that he may apply Open session of meeting recessed at 3:40 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Entergy Texas street lighting billing charges 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 Magistrate Applicants-Randall Collins,Jonathan Stovall,James Mehaffy,Jimmy Hamm, Brent Turk and Terrence Holmes There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. B cky Ame ayor t ,41 DIM Tina Broussard, City Clerk j �i�11, it a Page 12 of 12 Minutes-March 24,2009