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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). Page 2 of 4 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 Page 5 of 4 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 Page 6 of 4 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 Page 7 of 4 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 ov W Tina Broussard, City Clerk AV AV .,� Page 8 of 4 Minutes—January 25.2011