HomeMy WebLinkAboutMIN JAN 25 2011 M I N U T E S - CITY OF BEAUMONT
W.L. Pate, Jr., Mayor Pro Tern BECKY AMES, MAYOR Gethrel Williams-Wright,At Large
Dr.Alan B. Coleman,Ward I CITY COUNCIL MEETING Ward II
Audwin Samuel,Ward III January 25, 2011 Jamie Smith,Ward IV
Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk
The City Council of the City of Beaumont, Texas, met in a regular session on January 25, 2011, 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 1-4/Consent Agenda
Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Pastor Eddie McGriff with House of Prayer Baptist Church gave the invocation. Mayor Ames led
the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk.
Present at the meeting were Mayor Ames, Mayor Pro Tern Pate, Councilmembers Coleman,
Wright, Samuel and Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City
Attorney; Tina Broussard, City Clerk.
Proclamations, Presentations, Recognitions
None
Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda.
None
CONSENT AGENDA
Approval of minutes - January 18, 2011
Confirmation of committee appointments - Resolution 11 - 034
Dwaine K. Augustine would be appointed to the Police Department Community Advisory
Committee. The term would commence January 25, 2011 and expire January 24, 2013.
(Councilmember Jamie D. Smith)
William Sam, Sr. would be appointed as Chairman of the Police Department Community
Minutes-January 25,2011
Advisory Committee. The term would commence January 25, 2011 and expire January 24,
2012. (Mayor Becky Ames)
Ryan Smith would be appointed as Chairman of the Convention and Tourism Advisory Board.
The term would commence January 25, 2011 and expire January 24, 2012. (Mayor Becky
Ames)
Molly J. Dahm would be appointed as Vice-Chairman of the Convention and Tourism Advisory
Board. The term would commence January 25, 2011 and expire January 24, 2012. (Mayor
Becky Ames)
A) Authorize the acquisition of property (6030 Concord Road) for the Concord Road
Project— Resolution 11 - 035
B) Authorize the acquisition of property (5270 Concord Road) for the Concord Road Project
— Resolution 11 - 036
C) Authorize the City Manager to apply for and accept funding through the FY 2011
Assistance to Firefighters Fire Prevention and Safety Grant— Resolution 11 - 037
Mayor Pro Tern Pate made a motion to approve the Consent Agenda. Councilmember
Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN,
WRIGHT, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
1. Consider approving an ordinance calling the General Election for May 14, 2011 to elect a
Mayor, two (2) Councilmembers-At-Large,four(4)Councilmembers(one each for Ward I, II,
III and IV); and approving a Runoff Election if necessary.
Administration recommended approval of the ordinance.
The City Charter dictates that all elected officials shall be elected on a regular election day
established by the Election Code of the State of Texas. The City of Beaumont has
established the second Saturday of May to conduct this election, and will conduct a joint
election with the Beaumont Independent School District and the Port of Beaumont. The
City of Beaumont will elect a Mayor, two (2) Councilmembers-At-Large, four (4) Ward
Councilmembers (one each for Ward I, II, III and IV). The Beaumont Independent School
District will elect five (5)Trustees (one each for District 1, 2, 3, 4, 5 and a Proposition). The
Port of Beaumont will elect two Port Commissioners (one each for Ward IV and one At-
Large).
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Minutes—January 25.2011
Estimated expense to conduct an election is $126,000, with each entity paying a
proportionate share of said expenses.
Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF
THE CITY OF BEAUMONT,TEXAS,PROVIDING FORA GENERAL ELECTION TO BE HELD ON THE 14'OF
MAY, 2011 FOR THE PURPOSE OF ELECTING A MAYOR,FOUR(4)COUNCILMEMBERS (WARD 1, 11, 111
AND IV) AND TWO (2) COUNCILMEMBERS-AT-LARGE; DESGINATING POLLING PLACES AND
APPOINTING ELECTION OFFICALS FOR SUCH ELECTION; PROVIDING THE FORM OF THE BALLOT AT
SUCH ELECTION; DIRECTING THE GIVING OF NOTICE OF SUCH ELECTION; PROVIDING FOR A JOINT
ELECTION WITH THE BEAUMONT INDEPENDENT SCHOOL DISTRICT AND PORT OF BEAUMONT; AND
CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Councilmember Smith seconded
the motion.
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN,
WRIGHT, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 11 — 004
2. Consider approving a contract for the construction of a parking lot to serve the Downtown
Event Center and Park.
Administration recommended awarding a contract to APAC-Texas, Inc. in the amount of
$973,553.30.
Eleven (11) bids were received on January 13, 2011 for furnishing all equipment, materials
and labor for the construction of a parking lot adjacent to the new Downtown Event Center.
The parking lot will provide a total of 375 parking spaces for the new event center and park.
The parking area will be located south of Crockett and north of Bowie Streets and east of
Jefferson and Archie Streets.
The apparent low bidder, APAC-Texas plans to subcontract approximately 21% to local
MBE/HUB contractors.
Work is expected to begin on March 1, 2011, and be completed within six (6) months.
Funds are available in the Capital Program.
Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THEY CITY COUNCIL
HEREBY APPROVES THE AWARD OF A CONTRACT TO APAC-TEXAS, INC.,OF BEAUMONT,TEXAS,IN
THE AMOUNT OF $973,553.30 FOR THE CONSTRUCTION OF A PARKING LOT TO SERVE THE
DOWNTOWN EVENT CETNER AND PARK. Councilmember Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN,
WRIGHT, SAMUEL AND SMITH
NAYS: NONE
Page 3 of 4
Minutes—January 25.2011
MOTION PASSED
Resolution 11 - 038
3. Consider approving the purchase of pavement marking equipment for use by the
Transportation Division.
Administration recommended approval of the purchase from Trantex, Inc., of Houston,
in the amount of$109,950.
Bids were solicited for a thermoplastic pre-melter trailer package with two (2)operator-
propelled applicators and two (2)gasoline-powered line erasers. The equipment will be
used to apply striping to newly constructed streets and to replace faded markings
throughout the City.
The new equipment will replace Unit 9768 which is a 1996 model and does not handle
the thermoplastic marking materials. The old unit will be disposed of according to the
City's surplus equipment disposal policy.
The basic warranty provided is twelve (12) months. Warranty service is available from
the vendor.
Delivery is estimated at thirty (30) days.
Funds for this purchase are budgeted in the Capital Reserve Fund.
Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL
HEREBY APPROVES THE PURCHASE OF PAVEMENT MARKING EQUIPMENT FROM TRANTEX,INC.,
OF HOUSTON, TEXAS, FOR USE BY THE PUBLIC WORKS DEPARTMENT, TRANSPORTATION
DIVISION IN THE AMOUNT OF$109,950. Councilmember Coleman seconded the motion.
AYES: MAYOR AMES,MAYOR PRO TEM PATE,COUNCILMEMBERS COLEMAN,
WRIGHT, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 11 - 039
4. Consider authorizing the City Manager to enter into contracts to purchase homes and
provide relocation assistance under FEMA's Severe Repetitive Loss Grant Program.
Administration recommended approval.
Recently, the City applied for funds from the Severe Repetitive Loss (SRL) Flood
Buyout Program. This program provides funding to purchase properties that have flood
insurance, but repeatedly flood, resulting in claims. The program provides 90% of the
Page 4 of 4
Minutes—January 25.2011
funding for the acquisition, demolition and relocation, with the required 10% local
match. During consideration of this application, the City Council indicated that the 10%
local match should come from the owner's proceeds from the purchase of the
properties.
As any buyout program is voluntary, a survey was sent out to all of the owners on the
SRL list to determine the level of interest in a buyout program, with a majority
responding favorably. Following this, each resident was further evaluated for eligibility,
according to FEMA guidelines. The following properties met the cost-benefit and
eligibility analysis and the owners have indicated that they intend to accept the
purchase offers.
1. 720 Zavalla 6. 9175 Gross
2. 2075 Cartwright 7. 4825 Park
3. 2445 N. Lynwood 8. 5765 Longwood
4. 3650 Kenneth 9. 8535 Manion
5. 9275 Doty
Councilmember Samuel made a motion to APPROVE A RESOLUTION THAT THEY CITY MANAGER
BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO CONTRACTS TO PURCHASE HOMES AND PROVIDE
RELOCATION ASSISTANCE TO OWNERS OF HOMES THAT REPEATEDLY FLOOD FROM FUNDS
PROVIDED THROUGH FEMA SEVERE REPETITIVE LOSS (SRL)GRANT PROGRAM. Councilmember
Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN,
WRIGHT, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 11 - 040
WORK SESSION
Review and discuss taxicab rates
Jim Thompson, Parks and Recreation Director, stated that he was asked by the City Manager to
conduct a survey to determine what other cities were doing in terms of taxicab rates. The Cities
that were surveyed were Abilene, Bay Town, Galveston, Houston, Orange, Port Arthur, Tyler and
Waco. The rates and ordinances of these cities were reviewed, based on their rates it seems that
the rates in the City of Beaumont are a little low. Administration is recommending that the rates
be increased by $0.75 for the first 1/10th mile to $2.75, this would move the City of Beaumont's
rates into line with comparable cities. This item would be put on a future agenda for action after
the Police Department has had an opportunity to review the ordinance for possible language
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Minutes—January 25,2011
change
Mayor Ames read the announcement regarding Executive Session being held at the
conclusion of the General Business portion of the meeting.
COUNCILMEMBER COMMENTS
COUNCILMEMBER SMITH - ANNOUNCED THAT THE SOUTH PARK NEIGHBORHOOD
ASSOCIATION WOULD BE MEETING ON THURSDAY,JANUARY
27,2011,AT SOUTH PARK BAPTIST CHURCH AT 6:30 P.M.,
CONDOLENCES TO WALTER KYLES ON THE LOSS OF HIS
WIFE, EMMA KYLES
COUNCILMEMBER SAMUEL- NONE
MAYOR PRO TEM PATE - CONDOLENCES TO THE KYLES FAMILY ON THEIR LOSS,ALSO
THE MENTAL HEALTH ASSOCIATION WILL BE RECOGNIZING
LINDA AND JOE DOMINO AND DR.JAMES FULLER, PASTOR
OF CALDER BAPTIST CHURCH AS THEIR JULIE ROGERS
COMMUNITY SERVICE AWARD WINNERS FOR ALL THE
THINGS THAT THEY DO IN THE CITY
COUNCILMEMBER WRIGHT- CONDOLENCES TO THE FAMILY OF WALTER KYLES,WHO IS A
FAITHFUL MEMBER OF THE PLANNING AND ZONING
COMMISSION, ASKED THAT THE COMMUNITY KEEP THEM
LIFTED IN PRAYER
COUNCILMEMBER COLEMAN - CONGRATULATIONS TO LINDA AND JOE DOMINO THANKED
THEM FOR ALL THAT THEY DO IN THE COMMUNITY,THANKED
THE CITIZENS THAT SPOKE IN REGARDS TO THE CONCERNS IN
THEIR NEIGHBORHOOD AND THE BETTER BUSINESS BUREAU
FOR JOINING THEM IN THEIR FIGHT
CITY ATTORNEY COOPER- NONE
CITY MANAGER HAYES - INFORMED COUNCIL THAT THERE WILL BE A WORKSESSION
ON NEXT WEEK RELATED TO BOND FINANCING,THIS WAS AT
THE REQUEST OF COUNCILMEMBER WRIGHT
MAYOR AMES - NONE
Public Comments (Persons are limited to three minutes)
Shallanda Kempf 2249 N. 10th Beaumont TX
Spoke in regards to Starvin Marvin's located on 11th St., has concerns in regards to the
loud music, lives over 1 00f and can hear music from the establishment, her biggest fear is
that when she goes home tonight and the owner finds out that they are at the meeting
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Minutes—January 25.2011
discussing his establishment the music will get louder, exhausted and wants to be able to
sleep at night and come home and enjoy her family
Desirre' Dickenson 2570 Sweetgum #106 Beaumont TX
Stated that she is the Manager of the Colonnade Apartments, approached Council from a
business standpoint, stated that Starvin Marvin's is costing them business, they are losing
tenants, the establishment refuses to turn down the music and refuses to give the citizens
any consideration at all, would like to get some sleep at night and asked that Council
consider changing the ordinance so that it is tolerable for the residents
Jay Sheppard 501 Fannin Suite 100 Beaumont TX
Stated that she is the Dispute Resolution Director with the Better Business Bureau,wanted
Council to be aware of the amount of complaints that have been received in regards to
Starvin Marvin's, the establishment has received 18 complaints from the residents that live
close by as well as the residents of the Colonnade Apartments, this pattern of excessive
noise that stems from the music and patrons of Starvin Marvin's occurs five to seven days
a week from approximately 8:00 p.m. to sometimes 3:00 a.m., prolong exposure to this
extreme noise and vibration has resulted in sleep deprivation, health issues, children who
are too tired to go to school, not being able to relax and people having to relocate, the
Better Business Bureau is experienced in dispute resolution and are ready willing and able
to help resolve this situation
Martha Wathen Smith 2210 N. 11th St. Beaumont TX
Spoke in regards to Starvin Marvin's Bar and Grill that has been a constant irritation for her
and her neighbors, the loud music is live and they enjoy turning it up, there is also foul
language that is being used,we hear loud base and drums constantly,this is an invasion of
noise pollution into her home and her neighbors homes as well, would like to enjoy a nice
evening at home without listening to all the loud music, does not want to see the
establishment close but would like to get something done to get the music lowered with a
forceful zoning change
Annette Collins 2305 N. 10th Beaumont TX
Commented on what others have stated, Starvin Marvin's has driven them crazy and would
like to get something done about the noise, they can't watch television, can't concentrate,
interrupting their entire neighborhood and would like to employ Council to consider a re-
zoning ordinance so that the citizens of the area can get some relief, she also read a letter
from a neighbor that was unable to attend the meeting with their complaint against the
establishment as well
Bertha O'Neill 2425 N. 10th Beaumont TX
Stated that she lives directly behind Starvin Marvin's, this has been going on before
August, 2010, stated her family gets about 4 to 5 hours of sleep, she has called the police,
the City, and TABC, feels like nothing has worked, would like to know what's the difference
between a City ordinance and disturbing the peace and can they get peace
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Minutes—January 25.2011
Loyd Smith 2210 N. 11" St. Beaumont TX
Mr. Smith gave Council a little history on their home which has been in that location for fifty
years, his neighbors home has been there for fifty years, the restaurant was built twenty
five years ago, they were there first, Rocky's Road House was the first loud noise problem
they had the police were able to stop that through issuing citations, Starvin Marvin's has
been at that location for about six months, the police department issued a citation one time
but the citation didn't go through for some reason it was kicked out, we solicited solutions,
first by calling Starvin Marvin's, Mr. Atwood would not return any of the phone calls, when
we spoke to the manager she said the residents would have to get used to the loud music,
the police department was called, since the citation was thrown out of the court the police
department can't do anything, the TABC was called they referred them back to the
establishment, Mr.Atwood told the news media he would turn the music down that has not
happened, the Better Business Bureau was called they seem to be making progress, the
citizens don't want the business to close but they do want the noise to be turned down,
suggested that City look at a noise and vibration ordinance that can be enforced by the
law, if it is not enforced by the law he feels Mr. Atwood won't comply
Open session of meeting recessed at 2:11 p.m.
EXECUTIVE SESSION
` Consider matters related to contemplated or pending litigation in accordance with Section
551.071 of the Government Code:
Erik Kvarme, et al v. The City of Beaumont, Texas, et al
Claim of Christy Morgan
There being no action taken in Executive Session, Council adjourned.
Audio available upon request in the City Clerk's Office.
Becky m s, Mayor
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Tina Broussard, City Clerk
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Minutes—January 25.2011