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Home My WebLink AboutMIN NOV 20 2012 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, Mayor Pro Tern CITY COUNCIL MEETING Michael D. Getz,Ward 11 Audwin Samuel,Ward III November 20,2012 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 November 20, 2012, 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/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor "Big" Jim Salles of West End Baptist Church gave the invocation. Aurora Williams, Granddaughter of Councilmember Wright led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Coleman, Councilmembers Getz, Wright, Pate and Samuel. Absent: Councilmember Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Councilmember Smith was absent due to work. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled agenda items 1-2/Consent Agenda. None CONSENT AGENDA Approval of minutes— November 6, 2012 Confirmation of committee appointments - None A) Approve a resolution authorizing the City Manager to enter into an agreement with the Texas Department of Transportation for reimbursement of costs associated with the operation and maintenance of traffic signals on controlled access highways within the City limits of Beaumont— Resolution 12 - 275 Minutes-November 20,2012 B) Approve a resolution authorizing the City Manager to accept the Halbouty Park Walking Trail Project, approve a change order to the contract, and make a final payment — Resolution 12 — 276 C) Approve a resolution awarding an annual contract for the purchase of aqua ammonia for the Water Utilities Department— Resolution 12 - 277 D) Approve a resolution awarding an annual contract for grounds maintenance at Tyrrell Park — Resolution 12 - 278 E) Approve a resolution awarding two one-year contracts for uniforms for the Police Department— Resolution 12 - 279 F) Approve a resolution authorizing the sale of City-owned property located immediately west of 6165 Comstock and at the Northeast corner of Sutherland at Lucas— Resolution 12 - 280 Councilmember Getz made a motion to approve the Consent Agenda. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider an ordinance repealing Article 20.02 of the Code of Ordinances related to railroads. — Item Deferred The City of Beaumont, like many other cities, historically involved itself in the regulation of railroads operating within the city limits. Ordinances were passed to address safety issues and operating practices that affect the public. These regulations were carried forward in Article 20.02 of the Code when it was recodified in 2010. For all practical purposes, the City has ended its efforts to regulate railroads because local railroad operations and safety rules are now preempted by federal law. The Surface Transportation Board which was created by the Interstate Commerce Commission Termination Act of 1995 was given exclusive jurisdiction over railroad operations. Local railroad safety laws are also preempted under the Federal Railroad Safety Act of 1970 which authorizes the Secretary of Transportation to establish uniform, nation-wide standards for railroad safety. Article 20.02 of the City Code includes provisions that are preempted by federal law or otherwise fully addressed by state law. Staff recommends that Article 20.02 be repealed in its entirety. Minutes—November 20,2012 2. Consider a resolution approving a six-month contract to provide lubricants for use by various City departments. Bids were solicited for a six (6) month contract to supply approximately 11,760 gallons of various lubricants at fixed costs for use by various City departments in maintaining vehicles and equipment. Specifications allow for a six (6) month extension upon expiration of the original six (6) month term at the same pricing as awarded herein. Bids were requested from nine (9) vendors with three (3) responding. The lowest bidder was Tri-Con Inc. The bid tab is attached. General Fund Approval of the resolution. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH TRI-CON, INC., OF BEAUMONT, TEXAS. Mayor Pro Tern Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 12 - 281 COUNCILMEMBER COMMENTS MAYOR PRO TEM COLEMAN- PRAY FOR SAFE TRAVELING FOR HIS FAMILY MEMBERS THAT ARE VISITING FOR THE HOLIDAY WEEKEND, LET'S NOT JUST GIVE THANKS ON ONE DAY A YEAR BUT GIVE THANKS FOR OUR BLESSINGS EVERY DAY COUNCILMEMBER GETZ- THANKED CITY STAFF FOR THE LUNCHEON BY THE LAKE,THE FIRST WAS ON MONDAY AND WILL BE HELD FOR THE NEXT TWO MONDAYS, THANKED THE BEAUMONT POLICE DEPARTMENT FOR ATTENDING THE WILLOW CREEK NEIGHBORHOOD ASSOCIATION MEETING, APPRECIATES COUNCILMEMBER WRIGHT FOR ATTENDING AS WELL AS THE MANY CITIZENS CONCERNS THAT WERE ADDRESSED, GAVE COMPLIMENTS TO THE TYRRELL PARK GOLFING PRO AND HIS STAFF FOR THE CHANGE IN THE APPEARANCE AT TYRRELL PARK,WISHED EVERYONE A HAPPY THANKSGIVING COUNCILMEMBER WRIGHT- WISHED EVERYONE AVERY HAPPY THANKSGIVING,STATED THAT WE ARE A BLESSED NATION FOR ALL OF OUR BOUNTY THAT WE WILL BE SHARING WITH OUR FAMILY AND FRIENDS THIS THANKSGIVING, JUST REMEMBER FROM WHOM ALL BLESSINGS COME, ALSO THANKFUL FOR ALL OF THE Minutes—November 20,2012 ORGANIZATIONS THAT MAKE MEALS POSSIBLE FOR THOSE THAT ARE LESS FORTUNATE COUNCILMEMBER PATE- WISHED HOLIDAY GREETINGS TO EVERYONE, WE SHOULD GIVE THANKS EVERY DAY,WE ARE VERY FORTUNATE TO LIVE IN A COUNTRY WHERE WE CAN WORSHIP THE WAY WE WANT AND GIVE THANKS TO GOD FOR ALL THE THINGS THAT HE DOES,VERY FORTUNATE TO HAVE A GREAT STAFF AND THE GREAT PEOPLE THAT WE HAVE WORKING ON OUR CITY TEAM COUNCILMEMBER SAMUEL- WISHED EVERYONE A HAPPY THANKSGIVING, HAVE A SAFE AND BLESSED HOLIDAY COUNCILMEMBER SMITH- ABSENT CITY ATTORNEY COOPER- WISHED EVERYONE A HAPPY THANKSGIVING CITY MANAGER HAYES- WISHED EVERYONE A HAPPY THANKSGIVING MAYOR AMES- COMMENTED ON THE LUNCH ON THE LAKE AND HOW GREAT IT WAS, VERY WELL ATTENDED, ALSO COMMENTED ON THE ALZHEIMER'S LUNCHEON AND HOW WELL ATTENDED IT WAS, STATED THAT FORMER MAYOR EVELYN LORD WAS THE HONORARY CHAIRMAN AND LINDA DOMINO WAS THE CHAIRMAN TOGETHER THEY RAISED A LITTLE OVER $60,000.00, THANKED THEM FOR A GREAT JOB, WISHED EVERYONE A HEALTHY AND HAPPY THANKSGIVING Public Comments (Persons are limited to three minutes) Gilbert Saldana 2111 Orange St. Beaumont TX Spoke in regards to a residence referred to as the Virginia House that is located in the back of his residence, there are residence that live next door to the Virginia House that has complained of the loud music, as well as there being no where to park because the patrons are blocking their driveway, this past Saturday the noise was unbearable several calls were made to the Beaumont Police Department, asked that Mayor and Council help with this issue There being no other business, Council adjourned at 1:50 p.m. io available pon request in the City Clerk's Office. If to Becky nV , M r 17 igoe III/ U / / W Tina Broussard-, City Clerk 1 E Minutes—November 20,2012