The URL can be used to link to this page

Home My WebLink AboutMIN AUG 03 2010 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr., Mayor Pro Tern BECKY AMES, MAYOR Gethrel Wright,At-Large Dr. Alan B. Coleman,Ward I CITY COUNCIL MEETING Nancy Beaulieu,Ward II Audwin Samuel, Ward III August 03, 2010 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 August 03, 2010, 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 2-4/Consent Agenda Consent Agenda Mayor Pro Tern Pate called the council meeting to order at 1:30 p.m. Rev. Terrell Willson of Cathedral of Faith Baptist Church gave the invocation. Councilmember Samuel led the Pledge of Allegiance. Roll call was made by Stephanie Gandy, Deputy City Clerk. Present at the meeting were Mayor Pro Tern Pate, Councilmembers Coleman, Beaulieu, Samuel and Smith. Absent: Mayor Ames, Councilmember Wright and Tina Broussard, City Clerk. Also present were Kyle Hayes, City Manager;Tyrone Cooper, City Attorney; Stephanie Gandy, Deputy City Clerk. Mayor Ames was out of the city on a business trip. Councilmember Wright was absent due to an appointment. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled agenda items 2-4/Consent Agenda. None CONSENT AGENDA Approval of minutes - July 27, 2010 Confirmation of committee appointments - None Minutes-August 03,2010 A) Authorize the City Manager to execute all documents necessary, specifically including agreement with West Publishing Corporation for police use of their database service - Resolution 10 - 199 B) Amend Resolution No. 99-373 whereby the names of Brownstone Lane and Brownstone Street will be changed to Sterling Lane and Stephen Lane, respectively- Resolution 10 - 200 C) Amend Resolution No. 99-96 whereby the name of Taft Street will be changed to Brownstone Drive - Resolution 10 - 201 D) Authorize the City Manager to enter into an agreement with Bechtel-Jacobs agent for Motiva Enterprises, LLC, to provide temporary traffic signals on Spur 93 at a Motiva park and ride facility located North of FM 3514 - Resolution 10 - 202 E) Approve a contract for merchant card services - Resolution 10 - 203 F) Approve a contract to offer electronic payment methods to customers - Resolution 10 - 204 G) Authorize the City Manager to execute a one year Lease Agreement with Texas Military Forces - Resolution 10 - 205 Councilmember Samuel made a motion to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU, SAMUEL AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a request for a street name change from Lakeside Drive to N. Lakeside Drive, E. Lakeside Drive, W. Lakeside Drive and S. Lakeside Drive. Administration recommended approval of the street name change from Lakeside Drive to N. Lakeside Drive, E. Lakeside Drive, W. Lakeside Drive and S. Lakeside Drive. In June, 2006, the final plat for The Crescent on Walden, Phase II was recorded. The subdivision is served by Lakeside Drive, a circular street. The addressing scheme for the subdivision was to use the lot numbers as the addresses. It later became apparent that the lot numbers could not be used as house numbers, so an attempt was made to apply house numbers to the plat. Unfortunately, issues arose due to the loop street creating duplicate numbering. After much debate, it was decided the simplest solution is to change the street name. By creating four streets from the one, duplicates are more easily avoided. Page 2 of 7 Minutes-August 03,2010 At a Joint Public Hearing held July 19, 2010, the Planning Commission voted 5:0 to approve the street name change from Lakeside Dr. to N. Lakeside Drive, E. Lakeside Drive, W. Lakeside Drive and S. Lakeside Drive. Councilmember Beaulieu moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE CHANGING THE NAME OF LAKESIDE DRIVE TON.LAKESIDE DRIVE,E.LAKESIDE DRIVE,W.LAKESIDE DRIVE AND S. LAKESIDE DRIVE IN BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 10 - 056 2. Consider approving an amendment to the Oil, Gas and Mineral Lease with Cimarex Energy Co. Administration recommended approval. On September 28, 2007, the City of Beaumont executed an Oil, Gas and Mineral Lease with Cimarex Energy Co. of Tulsa, Oklahoma with a primary term of three years. The lease agreement covers 275.44 acres of land, more or less, in the Asahel Savery League, Abstract 46, Jefferson County, Texas. Since the execution of the existing lease agreement, Cimarex has drilled five wells. Cimarex has identified additional drilling opportunities and has requested a two-year extension to the existing lease agreement. As consideration for the two-year extension, Cimarex will make a one-time payment to the City of Beaumont in the amount of $137,720 ($500 per acre). Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AMENDMENT TO THE OIL AND GAS LEASE EXECUTED ON SEPTEMBER 28, 2007, TO PROVIDE A TWO (2) EXTENSION TO SAID LEASE. IN CONSIDERATION OF THE TWO-YEAR EXTENSION, CIMAREX ENERGY CO. WILL MAKE A ONE TIME PAYMENT TO THE CITY OF BEAUMONT IN THE AMOUNT OF$137,500. Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 10 - 206 Page 3 of 7 Minutes-August 03,2010 3. Consider adopting the 2009 International Building, Fire, Residential, Energy, Plumbing, Mechanical, Property Maintenance, Existing Building and 2008 National Electrical Code, with local exceptions and consider adopting amendments to Chapter 14,Article III, Unsafe Substandard Structures and amendments to the fee schedule. Administration recommended approval. The City currently operates under the 2003 International Building, Fire, Residential, Energy, Plumbing, Mechanical, Property Maintenance and Existing Building Codes and the 2005 National Electrical Code. We now propose to adopt the 2009 code revisions, endorsed by the International Code Conference, with some local exceptions. These recommended adoptions and exceptions are based on a review of the codes to ensure that they are compatible with local needs. In addition, staff met with representatives of The Homebuilders of Southeast Texas as well as representatives from the local architecture and engineering industry at a workshop conducted by the Southeast Texas Chapter of the Association of General Contractors of America. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ADOPTING NEW CODES REGULATING CONSTRUCTION AND MAINTENANCE OF STRUCTURES WITHIN THE CITY OF BEAUMONT; SPECIFICALLY, THE 2009 EDITIONS OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL EXISTING BUILDING CODE, INTERNATIONAL FUEL GAS CODE, INTERNATIONAL PLUMBING CODE, INTERNATIONAL MECHANICAL CODE, INTERNATIONAL RESIDENTIAL CODE,THE INTERNATIONAL PROPERTY MAINTENANCE CODE AND THE INTERNATIONAL ENERGY CONSERVATION CODE, AND THE 2008 EDITION OF THE NATIONAL ELECTRICAL CODE; SETTING FEES; MAKING LOCAL AMENDMENTS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A SEVERABILITY; PROVIDING FOR REPEAL;AND PROVIDING A PENALTY.Councilmember Coleman seconded the motion. AYES: MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 10 - 057 Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADOPT THE 2009 EDITION OF THE INTERNATIONAL FIRE CODE AND MAKING LOCAL AMENDMENTS TO SAME; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU, SAMUEL AND SMITH NAYS: NONE Page 4 of 7 Minutes-August 03,2010 MOTION PASSED Ordinance 10 - 058 Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 14,ARTICLE III, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 10 - 059 4. Consider approving an annual contract for furnishing litter removal on the City rights-of- way. Administration recommended the award of an annual contract with Beaumont Products and Services, Inc., (BPS), of Beaumont in the estimated amount of $135,407. BPS is defined as a private not-for-profit State Certified Workshop. State Certified Workshops encourage and assist disabled persons to achieve maximum personal independence by engaging in useful and productive activities. BPS has been furnishing biweekly litter removal services on specified arterial streets since 1987. BPS will be paid $14.08 per hour, per person worked. This cost includes all labor, transportation, equipment, insurance, and litter disposal fees. The requested rate of$14.08 per hour is the same rate as for the previous year. A $1.00 per hour increase was granted in July, 2009 due to the increased minimum wage. Funds are available in the Code Enforcement Division's operating budget. Councilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES AN ANNUAL CONTRACT WITH BEAUMONT PRODUCTS AND SERVICES,INC.(BPS) FOR FURNISHING LITTER REMOVAL SERVICES ON ARTERIAL STREET RIGHTS OF WAY AND OTHER SPECIFIC AREAS AT A RATE OF $14.08 PER PERSON, PER HOUR WORKED. Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU, SAMUEL AND SMITH NAYS: NONE Page 5 of 7 Minutes-August 03,2010 COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - THANKED CHRIS BOONE, COMMUNITY DEVELOPMENT DIRECTOR,AND DANNY DANIELS, BUILDING OFFICIAL, FOR THE DEMOLITION OF THE AUSTIN MOTEL, HOPES THE BUSINESS OWNER CAN NOW MOVE ON TO BIGGER AND BETTER THINGS COUNCILMEMBER BEAULIEU - AGREED WITH COUNCILMEMBER COLEMAN ON THE DEMOLITION OF THE AUSTIN MOTEL COUNCILMEMBER WRIGHT - ABSENT COUNCILMEMBER SMITH- ACKNOWLEDGED MISS BRIA SHILOH OF CENTRAL MEDICAL MAGNET, WHO WAS OBSERVING THE COUNCIL MEETING, ANNOUNCED A TOWN HALL MEETING ON THURSDAY, AUGUST 5,2010 FROM 5:30 P.M.TO 7:00 P.M.AT THE L. L. MELTON, TO DISCUSS THE TRAFFIC ISSUES ASSOCIATED WITH THE CONSTRUCTION OF BLANCHETTE ELEMENTARY, ALSO ANNOUNCED A SCHOOL SUPPLY DRIVE THIS SATURDAY,AUGUST 14,2010,AT THE L. L. MELTON FROM 9:00 A.M. TO 3:00 P.M., WITH FREE TRANSPORTATION PROVIDED FROM STERLING PRUITTACTIVITY CENTER IN THE NORTH END, THERE WILL BE FREE IMMUNIZATIONS, HAIRCUTS AND SCHOOL SUPPLIES, WITH TRANSPORTATION PROVIDED BACK TO THE NORTH END, REASSURED CITIZENS THAT THE BEAUMONT POLICE DEPARTMENT IS DOING IT'S UTMOST TO PROTECT THE CITY AND IS WORKING DILIGENTLY TO CAPTURE THOSE RESPONSIBLE FOR THE TERRIBLE CRIMES COMMITTED THIS PAST WEEKEND, OFFERED PRAYERS TO THE VICTIMS'FAMILIES AND URGED RESIDENTS TO REPORT ANY KIND OF SUSPICIOUS ACTIVITY TO THE POLICE COUNCILMEMBER SAMUEL - CONGRATULATED MAYOR PRO TEM PATE ON DOING SO WELL CONDUCTING HIS FIRST COUNCIL MEETING, ALSO CONGRATULATED GENERAL BOWEN MISSIONARY BAPTIST DISTRICT ASSOCIATION FOR THEIR ANNUAL SESSION WHICH HE ATTENDED ON MONDAY EVENING, COMMENTED ON VISITING FLORIDA ON HIS FAMILY VACATION AND THAT THERE'S NO PLACE LIKE HOME MAYOR PRO TEM PATE - THANKED THE CITY STAFF FOR THE GREAT JOB THEY DO TO REVIEW AND UPDATE THE CITY CODES, THANKED MIKE MATTHEWS AND JOE BROUSSARD FOR THEIR ASSISTANCE REGARDING THE OIL,GAS AND MINERAL LEASE, MENTIONED THAT SEASON TICKETS FOR LAMAR FOOTBALL ARE STILL AVAILABLE Page 6 of 7 Minutes-August 03,2010 MAYOR PRO TEM PATE - THANKED THE CITY STAFF FOR THE GREAT JOB THEY DO TO REVIEW AND UPDATE THE CITY CODES, THANKED MIKE MATTHEWS AND JOE BROUSSARD FOR THEIR ASSISTANCE REGARDING THE OIL, GAS AND MINERAL LEASE, MENTIONED THAT SEASON TICKETS FOR LAMAR FOOTBALL ARE STILL AVAILABLE CITY ATTORNEY COOPER- INTRODUCED MARION JOINER,CRIMINAL JUSTICE MAJOR AT LAMAR UNIVERSITY,SERVING AN INTERNSHIP IN THE LEGAL DEPARTMENT WITH THE CITY TO SATISFY HER REQUIREMENTS FOR HER DECEMBER GRADUATION CITY MANAGER HAYES - NONE MAYOR AMES - ABSENT Public Comments (Persons are limited to three minutes) Christopher Jones 2207 Poplar Beaumont TX Spoke on the bad condition of various streets throughout the city and the damage caused to citizens' vehicles Vernon Durden 2110 Westbury Rd Beaumont TX Commented on the need of a citizens' review committee for the Beaumont Police Department; asked that this be brought before council at the next meeting With there being no Executive Session, Council adjourned at 1:55 p.m. Audio ava lab uest in the City Clerk's Office. �1 W. L. Pate, J/, Mayo Pro m � by tephanie Gandy, Deputy it Clerk Page 7 of 7 Minutes-August 03,2010