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Home My WebLink AboutMIN NOV 15 2011 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr.,At-Large BECKY AMES, MAYOR Gethrel Wright,At-Large Dr.Alan B. Coleman,Ward I CITY COUNCIL MEETING Michael D.Getz,Ward II Audwin Samuel,Ward 111 November 15,2011 Jamie Smith, Mayor Pro Tom 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 November 15, 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 item No. 1/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Lionel Henderson of the Harmony Missionary 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 Smith, Councilmembers Coleman, Getz, Wright, Pate and Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions None Mayor Ames read the announcement regarding Executive Session being hold at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on scheduled agenda items No. 1/Consent Agenda. None CONSENT AGENDA Approval of minutes - November 1, 2011 Confirmation of committee appointments — Resolution 11 — 317 Jon Reaud would be reappointed to the Community Development Advisory Committee. The current term would expire September 24, 2013. (Councilmember W. L. Pate, Jr.) Minutes—November 15,2011 A) Authorize a one year contract with the Greater Beaumont Chamber of Commerce — Resolution 11 — 318 B) Authorize the settlement of the claim of John E. Boggs — Resolution 11 — 319 C) Approve Change Order No. 5 to reduce the contract amount related to the Riverfront Park Bank Stabilization Project— Resolution 11 — 320 D) Authorize the City Manager to amend its contract with the Southeast Texas Regional Planning Commission for the administration of Hurricane Ike disaster recovery funds — Resolution 11 —321 Councilmember Pate made a motion to approve the Consent Agenda. Mayor Pro Tern Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider authorizing a Release of Lease for property located at 3040 College Street that is leased by the Texas National Guard Armory Board. Administration recommended approval. The Adjutant General's Department of the State of Texas has leased the property at 3040 College Street since 1960 when the City leased the land and the Texas Military Forces constructed improvements. The National Guard is currently utilizing the building and the local artillery battalion is being moved to a newly constructed facility in Northwest Houston in accordance with the Base Realignment and Closure Act of 2005.The process of moving is expected to be complete within 90 days. The current lease term ends November 15, 2011, but will be extended until December 31, 2011, to allow ample time for the move. The City will reclaim the property and improvements for its use. Councilmember Wright moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A RELEASE OF LEASE WITH THE TEXAS NATIONAL GUARD ARMORY BOARD FOR PROPERTY LOCATED AT 3040 COLLEGE STREET. Mayor Pro Tern Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE Minutes—November 15,2011 MOTION PASSED Resolution 11 — 322 PUBLIC HEARING Receive comments related to the readoption of the Juvenile Curfew Ordinance Lieutenant Karen Froman, addressed Council in regards to the Juvenile Curfew Ordinance. Lieutenant Froman requested that Council readopt this ordinance which has been extensively reviewed by the Police Department. This ordinance has been determined to be effective in promoting the safety and well being of the City's youngest citizens up to age eighteen. The Beaumont Police Department strongly supports this ordinance. Chief Singletary and staff asked that this ordinance be readopted with no changes. Public Hearing Open: 1:38 pm Public Hearing Closed: 1:39 pm 2. Consider readopting the Juvenile Curfew Ordinance. Administration recommended approval. Texas Local Government Code 370.002 requires that a home-rule municipality which has adopted a juvenile curfew ordinance periodically review the ordinance and its effect on the community and identify any problems with the ordinance or problems the ordinance was intended to remedy. The statute also provides for abolishing, continuing, or modifying the ordinance. In July 1994 following public review, the City Council adopted Ordinance No. 94-34 which created a new Chapter 9 establishing a curfew for minors. In 1995 Ordinance 95-37 was adopted which modified the curfew hours for minors. In July 2001, following public review, Ordinance 01-056 was passed, which reestablished the curfew for minors. In 2005 Ordinance 05-093 was adopted to continue a Juvenile Curfew Ordinance. In 2008 Ordinance 08-111 was adopted to continue a Juvenile Curfew Ordinance. The Curfew Ordinance has been extensively reviewed by the Police Department and determined to be effective in regard to promoting the safety and well being of the city's youngest citizens (persons under the age of 17), fostering and strengthening parental responsibility for children , decreasing truancy in the Beaumont Independent School District, and serving to promote the general welfare and protection of the public through the reduction of juvenile violence and crime within the city. Renewal of the Juvenile Curfew Ordinance would provide a tool to the community, school district, and city to continue the beneficial aspects of a curfew ordinance. Mayor Pro Tern Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE REVIEWING AND READOPTING ARTICLE 12.03 OF THE CODE OF ORDINANCES ESTABLISHING A CURFEW FOR MINORS; ESTABLISHING HOURS AND DEFINITIONS; PROVIDING A PENALTY CLAUSE; Minutes—November 15,2011 CITING SPECIFIC EXCEPTIONS AND DEFENSES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilmember Wright seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 11 —086 Public Hearing Receive comments related to a proposed ordinance allowing participation in the Texas Enterprise Zone Program, designating a liaison and nominating ExxonMobile Oil Corporation as an Enterprise Zone Project Chris Boone, Community Development Director, spoke with Council in regards to the Texas Enterprise Zone Program, along with other members of the team, Jim Rich, Director of the Beaumont Chamber of Commerce, Kathleen Jackson, Public and Government Affairs, ExxonMobil and Eric Geisler, Economic Incentive Services, Inc. Public Hearing Open: 1:54 pm Public Hearing Closed: 1:54 pm 3. Consider an ordinance allowing participation in the Texas Enterprise Zone Program, designating a liaison and nominating ExxonMobil Oil Corporation as an Enterprise Zone Project. Administration recommended approval. Chapter 2303 of the Texas Government Code provides for the Texas Enterprise Zone Program as an economic development tool for cities to partner with the State of Texas to promote job creation and capital investment in economically distressed areas. If awarded, companies are eligible for State sales and use tax refunds on qualified expenditures for up to five years, with no cost to the local jurisdiction. The amount of the refund is based upon a formula related to the amount of capital investment and the number of jobs created or retained. In addition, the company agrees to hire a minimum of 35% of their new employees from within economically disadvantaged areas. Confirmation of this requirement will be the responsibility of the company and the Texas Comptroller's office. The Community Development Director of the City will serve as the required liaison between the City, the Enterprise Zone Project and the State for Enterprise Zone Projects. Applications are reviewed on a quarterly basis by the Economic Development Bank of the Governor's Economic Development and Tourism office. This current nomination involves a "triple jumbo" project by ExxonMobil Oil Corporation and is outlined in the attached document. The"triple jumbo"status refers to a project capital investment of$250,000,000 Minutes—November 15,2011 or more and a potential maximum refund amount of $3,750,000 for the creation or retention of at least five hundred (500)jobs. COuncilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ALLOWING THE CITY'S PARTICIPATION IN THE TEXAS ENTERPRISE ZONE PROGRAM PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT,CHAPTER 2303,TEXAS GOVERNMENT CODE(ACT),PROVIDING TAX INCENTIVES,DESIGNATING A LIAISON FOR COMMUNICATION WITH INTERESTED PARTIES,AND NOMINATING EXXONMOBIL OIL CORPORATION TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT AND TOURISM (EDT)THROUGH THE ECONOMIC DEVELOPMENT BANK(BANK)AS A TRIPLE JUMBO ENTERPRISE ZONE PROJECT(PROJECT). Mayor Pro Tern Smith seconded the motion. AYES: MAYOR AMPS,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 11 — 087 COUNCILMEMBER COLEMAN LEFT THE MEETING AT 1:55 P.M. COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - ABSENT COUNCILMEMBER GETZ- CONGRATULATED THE FIRE FIGHTERS THAT WERE PROMOTED AS WELL AS THE NEWLY HIRED FIRE FIGHTERS COUNCILMEMBER WRIGHT- THANKED ALL OF THE CORPORATE PEOPLE AND ORGANIZATIONS IN OUR CITY, THEY ALL DO SO MUCH TO MAKE A POSITIVE INFLUENCE AND HELP THE CITIZENS,ALSO COMMENTED ON THE CHRIS QUINN MEMORIAL SOCCER COMPLEX COUNCILMEMBER PATE- CONGRATULATED THE FIRE FIGHTERS THAT WERE PROMOTED AND THOSE THAT WERE NEWLY HIRED,THANKED EXXONMOBIL FOR BEING A PART OF BEAUMONT, COMMENTED ON THE NEW INDOOR CHRIS QUINN MEMORIAL SOCCER COMPLEX, APPRECIATES THE BEAUX AND CHRIS QUINN FOUNDATIONS,ANNOUNCED THAT THE GARTH HOUSE WOULD BE HOLDING A FUND RAISER,ALSO COMMENTED ON THE NLC CONFERENCE THAT WAS ATTENDED BY COUNCIL ON LAST WEEK,AS WELL AS A NEW MEMBER OF THE WATER UTILITIES DEPARTMENT TEAM COUNCILMEMBER SAMUEL- SPOKE IN REGARDS TO THE NLC CONFERENCE ATTENDED ON LAST WEEK, COMMENTED ON THE FISCAL SOUND Minutes—November 15,2011 CONDITION THAT THE CITY IS IN,PLEASED TO BE ABLE TO SAY THAT HE IS FROM BEAUMONT MAYOR PRO TEM SMITH - CONGRATULATED OZEN AND WEST BROOK HIGH SCHOOLS FOR MAKING IT TO THE PLAYOFFS,CONGRATULATED HIS SON JORDAN SMITH, WHO RAN FOR STUDENT BODY PRESIDENT AND WON, STATED HE WOULD LIKE TO SEE THE CITY OF BEAUMONT PUT TOGETHER A YOUTH COUNCIL CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR AMES- STATED THAT SHE SPOKE TO THREE CLASSES AT LAMAR UNIVERSITY,THANKED THE PROFESSORS FOR INVITING HER, ALSO CONGRATULATED THE FIRE FIGHTERS THAT WERE PROMOTED AS WELL AS THE NEWLY HIRED,COMMENTED ON THE MEETING THAT WAS MELD LAST WEEK IN REGARDS TO THE TEXAS ENTERPRISE ZONE Public Comments (Persons are limited to three minutes) Pillar Arias 6155 Sienna Trail #1008 Beaumont TX Informed Council that she's new to Beaumont, just moved from Phoenix, Arizona and is currently employed with Channel 12 news, asked Council questions regarding item 2 on the agenda, the Juvenile Curfew Ordinance, the Mayor informed Ms.Arias that the public comment section of the meeting was not a question and answer, stated she could speak with a Councilmember or staff after the meeting Bruce Hoffer 2535 North St. Beaumont TX Last week ended the regular Fall session of soccer, stated that the Mexican League soccer is year round at Babe Zaharias Stadium, also commented on the (BIG) Beaumont Invitational Game tournament that will take place over the weekend, there will be twenty- five to thirty-five teams playing, those games will be held at the Chris Quinn Memorial Soccer Complex, also announced in the first weekend of December, there will be state wide teams that will be playing for the Eastern District of Texas, the teams wit be all girls from ages 10 to 18 years old, also stated that the Chris Quinn indoor soccer complex is open and games are being played, it's free for this week only, anyone can go out and enjoy the complex, to help with operating expenses there will be membership and league fees Open session of meeting recessed at 2:07 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Hugh John Tarver v. City of Beaumont; Cause No. A-188, 912 Minutes—November 15,2011 There being no action taken in Executive Session, Council adjourned. Au io avaiiabl9 upon request in the City Clerk's Office. Becky Am , May r Tina Broussard, City Clerk Minutes—November 15,2011