HomeMy WebLinkAboutMIN JAN 08 2008 M I N U T E S - CITY OF BEAUMONT
W.L. Pate, Jr., At-Large BECKY AMES, MAYOR Gethrel Williams-Wright, At-Large
Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Ward II
Audwin Samuel, Mayor Pro Tem,Ward III January 8, 2008 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 8,2008,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 6-12/Consent Agenda
Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Pastor Airon Reynolds of Borden Chapel Baptist Church gave the invocation. 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 Samuel, Councilmembers Coleman,
Beaulieu, Wright and Smith. Absent: Councilmember Pate (Councilmember Pate arrived at 1:33
p.m.). Also present were Kyle Hayes, City Manager;Tyrone Cooper,City Attorney;Tina Broussard,
City Clerk.
Proclamations, Presentations, Recognitions
Presentation
"Award Presented to City Council" - January 8, 2007 - Special award presented to
Council for making Beaumont a better Community to live in, presented by: Jimmet G.
Lawrence, President of Sounds of Sickle Cell II
Mayor Ames read the announcement about the Executive Session to be held at the
conclusion of the General Business portion of the meeting.
Public Comment: Persons may speak on scheduled agenda items 6-12/Consent Agenda.
Timothy M. Kelly 380 Main St. Beaumont TX
Item#12:Asked that Council not approve the City Attorney to move forward with the lawsuit
against the Attorney General's Office
Minutes-January 8,2008
CONSENT AGENDA
Approval of minutes - December 18, 2007
Confirmation of committee appointments - Resolution 08- 001
Pastor Henry J. Davis would be appointed to the Martin Luther King, Jr. Parkway
Commission. The term would commence January 8, 2008 and expire January 7, 2010.
(Councilmember Nancy Beaulieu)
Brooks Goodhue would be reappointed to the Community Development Advisory Committee.
The current term would expire October 13, 2009. (Councilmember W. L. Pate)
J. Shane Howard would be reappointed to the Parks and Recreation Advisory Commission.
The current term would expire May 9, 2009. (Councilmember W. L. Pate)
Adrienne Lee would be appointed to the Library Commission. The term would commence
January 8, 2008 and expire January 7, 2010. (Mayor Pro Tern Audwin M. Samuel)
A) Amend Resolution No. 07-408 accepting maintenance of the water and sanitary sewer
improvements on Acadiana Court Street - Resolution 08- 002
B) Authorize the acceptance of a twenty (20) foot wide water and sanitary sewer easement
across the Broussard 200 acre tract located on Dishman Road - Resolution 08- 003
Councilmember Pate made a motion to approve the Consent Agenda. Councilmember
Beaulieu seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
1. Consider approving a request for a specific use permit to allow a civic/social association with
the sale of alcoholic beverages in a GC-MD(General Commercial-Multiple Family Dwelling)
District at 3859 Stagg Drive.
Administration recommended approval of a request for a specific use permit to allow a
civic/social association with the sale of alcoholic beverages in a GC-MD (General
Commercial-Multiple Family Dwelling) District at 3859 Stagg Drive.
Mildred Lemell with The Swing Out Civic Club has requested a specific use permit to allow
a civic/social association with the sale of alcoholic beverages in a GC-MD (General
Commercial-Multiple Family Dwelling) District. The property is located at 3859 Stagg.
Page 2 of 13 Minutes-January 8,2008
The Swing Out Civic Club is a 19 member volunteer non-profit organization that has, through
the weekly teaching of swing out dance lessons, raised monies to provide assistance to the
youth, elderly and needy of Beaumont. The club meets on Tuesday and Friday nights.
Typically, a civic/social association is permitted by right in a GC-MD District. However, the
Swing Out Civic Club wishes to sell alcoholic beverages. It is this aspect of the club that
requires a specific use permit. Mixed drinks, beer and wine, along with fruit drinks and soft
drinks will be available for sale. No food will be offered for sale. It will offer hors d'oeuvres
and snacks free of charge.
At a Joint Public Hearing held December 17, 2007, the Planning Commission voted 8:0 to
approve a request for a specific use permit to allow a civic/social association with the sale of
alcoholic beverages in a GC-MD(General Commercial-Multiple Family Dwelling) District at
3859 Stagg Drive.
Councilmember Smith moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A
SPECIFIC USE PERMIT TO ALLOW A CIVIC/SOCIAL ASSOCIATION WITH THE SALE OF ALCOHOLIC
BEVERAGES IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT
LOCATED AT 3859 STAGG DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
Councilmember Mayor Pro Tern Samuel seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 08- 001
2. Consider approving a request for a specific use permit to allow a business office and
warehouse in a CBD (Central Business District) at 585 Wall Street.
Administration recommended approval of a request for a specific use permit to allow a
business office and warehouse in a CBD (Central Business District) at 585 Wall Street.
Colburn McClelland has applied for a specific use permit to allow a business office and
warehouse in the CBD(Central Business District). The property is located at 585 Wall Street
and consists of two existing buildings and related parking. Mr. McClelland owns Pure
Purpose, Inc.that does business as the YAYA Club Clothing Company. The subject property
will be utilized as the corporate office of his business.
At a Joint Public Hearing held December 17, 2007, the Planning Commission voted 8:0 to
approve a request for a specific use permit to allow a business office and warehouse in a
CBD (Central Business District) at 585 Wall Street.
Page 3 of 13 Minutes-January 8,2008
Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A BUSINESS OFFICE AND WAREHOUSE IN THE CBD (CENTRAL BUSINESS
DISTRICT) LOCATED AT 585 WALL STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,
TEXAS. Councilmember Wright seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 08- 002
3. Consider approving a request for a specific use permit to allow a bank in the CBD (Central
Business District) at 490 Park Street.
Administration recommended approval of a request for a specific use permit to allow a bank
in the CBD (Central Business District) at 490 Park Street.
Community Bank of Texas has requested a specific use permit to allow a 1,133 sq. ft. bank
in an existing lease space in the Stedman Building at 490 Park Street.
At a Joint Public Hearing held December 17, 2007, the Planning Commission voted 8:0 to
approve a request for a specific use permit to allow a bank in the CBD (Central Business
District) at 490 Park Street.
Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
GRANTING A SPECIFIC USE PERMIT TO ALLOW A BANK IN THE CBD(CENTRAL BUSINESS DISTRICT)
LOCATED AT 490 PARK STREET IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Mayor
Pro Tern Samuel seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 08- 003
4. Consider approving a request to abandon a portion of Trinity Street between Franklin and
Milam Streets.
Administration recommended approval of a request to abandon a portion of Trinity Street
between Franklin and Milam Streets.
Page 4 of 13 Minutes-January 8,2008
Andy Hatch has requested the abandonment of a portion of Trinity Street that is located
between Milam and Franklin. He owns the property on either side of the subject right-of-way.
The purpose of the request for abandonment is to allow the use of the right-of-way for the
loading and unloading of 18-wheeler trucks at the loading dock on Trinity.
At a Joint Public Hearing held December 17, 2007, the Planning Commission voted 8:0 to
approve a request to abandon a portion of Trinity Street between Franklin and Milam Streets
subject to the following conditions:
• Retain the right-of-way as a general utility and access easement.
• No structures or appurtenances shall be placed within the easement property.
• Water Utilities will not be responsible for any surface restoration when water
main or sanitary sewer main repairs are necessary.
Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
ABANDONING A PORTION OF TRINITY STREET BETWEEN FRANKLIN AND MILAM STREETS IN THE
CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Beaulieu seconded the
motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 08- 004
5. Consider approving a request for an HC-L (Historic-Cultural Landmark Preservation
Designation) at 2368 McFaddin.
Administration recommended approval of a request for an HC-L(Historic-Cultural Landmark
Preservation Designation) at 2368 McFaddin.
Eric Newby has applied for an HC-L(Historic-Cultural Landmark Preservation) Designation
for his home at 2368 McFaddin.
Mr. Newby states that the house was designed and built by locally renowned architect, Henry
Conrad Mauer in 1907.
In renovating the house, the Newby's have replaced the roof, installed 9 tons of central air
conditioning, replaced the entire kitchen and begun landscaping the garden to reflect the
period in which the house was built. Mr. and Mrs. Newby are now nearing completion of the
overall renovation.
At a Public Hearing held December 10,2007,the Historic Landmark Commission voted 10:0
to approve an HC-L (Historic-Cultural Landmark Preservation Designation) at 2368
McFaddin.
Page 5 of 13 Minutes-January 8,2008
At a Joint Public Hearing held December 17, 2007, the Planning Commission voted 8:0 to
approve an HC-L(Historic-Cultural Landmark Preservation Designation)at 2368 McFaddin.
Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN
PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP
OF BEAUMONT, TEXAS, BY ESTABLISHING AN HC-L (HISTORICAL-CULTURAL LANDMARK
PRESERVATION) DESIGNATION FOR PROPERTY LOCATED AT 2368 MCFADDIN, BEAUMONT,
JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY. Councilmember Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 08- 005
6. Consider authorizing the City Manager to execute State Funds Amendment #1 to the
State/Local Public Transportation Grant Agreement with the Texas Department of
Transportation.
Administration recommended authorizing the City Manager to execute State Funds
Amendment#1 to the State/Local Public Transportation Grant Agreement with the Texas
Department of Transportation (TxDOT).
In September 2007, the City Council authorized the City Manager to execute an agreement
with TxDOT to receive State Public Transportation Funds. These funds are used toward the
City's local share of the operating costs for the Beaumont Municipal Transit System. The City
was to receive$255,000 under the terms of the September Agreement. Amendment#1 to
the agreement will increase the State's funding contribution to $371,289.
The City will receive an additional$116,289 to offset the City's local share of the Beaumont
Municipal Transit System's operating costs.
Councilmember Beaulieu made a motion to APPROVE RESOLUTION THAT THE CITY MANAGER
BE AND HE IS HEREBY AUTHORIZED TO EXECUTE STATE FUNDS AMENDMENT #1 TO THE
STATE/LOCAL PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION. Councilmember Pate seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Page 6 of 13 Minutes-January 8,2008
Resolution 08- 004
7. Consider authorizing the City Manager to execute a contract for the Proposed New Water
Well No. 2 and Related Pilot Hole Project.
Administration recommended approval of a contract with Terry Johnson, Industries, Inc.,
Lumberton,Texas, in the amount of$1,700,059 to drill a new ground water pilot hole, plug and
abandon the existing well, furnish and install a new vertical turbine well pump, a pre-
engineered metal building,a 5,000 gallon horizontal double walled steel fuel storage tank with
a concrete containment area, all of the electrical controls and components for a portable
generator and all related appurtenances.
The existing Water Well No. 2, located in Lumberton,Texas,was designed and constructed
in 1971. In 2006,the existing water well began pumping sand and a subsequent investigation
proved the gravel pack had failed. The City and Schaumburg & Polk studied the possibility
of rehabilitating the gravel pack, however the cost, reliability, and future rehabilitation
requirements deemed the project not cost efficient. Schaumburg & Polk recommended the
City install a new water well.
Funds for the project are available in the Water Utilities Fund.
Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER
BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH TERRY JOHNSON,INDUSTRIES,
INC., LUMBERTON, TEXAS, IN THE AMOUNT OF $1,700,059 FOR THE PROPOSED NEW WATER
WELL NO. 2 AND RELATED PILOT HOLE PROJECT. Councilmember Coleman seconded the
motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 08- 005
8. Consider approving the purchase of a jet rodder and truck chassis for the Water Utilities
Department.
Administration recommended the purchase of a 2008 GMC truck chassis equipped with a jet
rodder body through the Houston-Galveston Area Council(H-GAC)Cooperative Purchasing
Program. The GMC truck chassis will be ordered from Rush Truck Center in Houston for
$36,900 and the jet rodder will be provided by Underground, Inc. of Pearland for$42,325.50.
Jet rodder trucks are equipped with water tanks and high pressure pumps that force water
through sewer lines to clear blockages. The 2008 GMC W5500 truck chassis has a 17,950
gross vehicle weight rating (GVWR)and will be equipped with a 600-gallon water tank and
a jet rodder system manufactured by Underground, Inc. Delivery of the truck is expected within
150 days.
Page 7 of 13 Minutes-January 8,2008
The truck will replace unit 3297, a 2002 Isuzu NPR with jet rodder body whose condition has
rendered it unreliable for continued service. The unit will be disposed of according to the
City's surplus property disposal policies.
Funds are budgeted for this purchase in the Water Utilities Fund.
Councilmember Wright made a motion to APPROVE AN RESOLUTION THAT THE CITY MANAGER
BE AND HE IS HEREBY AUTHORIZED TO APPROVE THE PURCHASE THROUGH THE HOUSTON-
GALVESTON AREA COUNCIL (H-GAC) OF A 2008 GMC TRUCK CHASSIS EQUIPPED WITH A JET
RODDER BODY FOR THE WATER UTILITIES DEPARTMENT. THE TRUCK WILL BE PURCHASED FROM
RUSH TRUCK CENTER IN HOUSTON,TEXAS,FOR THE AMOUNT OF$36,900. THE JET RODDER WILL
BE PURCHASED FROM UNDERGROUND,INC.,PEARLAND,TEXAS,FOR THE AMOUNT OF$42,325.50
FOR A TOTAL COST OF $79,225.50. Councilmember Pate seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 08- 006
9. Consider approving the purchase of a combination jet vacuum machine and truck chassis for
the Streets and Drainage Department.
Administration recommended the purchase of a combination jet vacuum machine from Vac-
Con of Green Cove Springs, Florida in the amount of$182,002.64 and an International 7400
truck chassis from Santex Truck Center of San Antonio,Texas in the amount of$64,450. Both
purchases are through the Houston-Galveston Area Council (H-GAC).
The primary purpose of the combination jet vacuum truck is to remove debris from catch
basins and underground storm water pipes. Delivery of the assembled vehicle is expected
by July 2008.
The new combination jet vacuum truck will replace Unit 3273, a 1998 Freightliner FL80 truck
chassis mounted with a Vactor 2100 jet vacuum machine,whose condition and mileage have
rendered it unreliable for continued service.
Funds are budgeted for this purchase in the Capital Reserve Fund.
Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE
AND HE IS HEREBY AUTHORIZED TO APPROVE THE PURCHASE THROUGH THE HOUSTON-
GALVESTON AREA COUNCIL (H-GAC) OF A COMBINATION JET VACUUM MACHINE AND TRUCK
CHASSIS FOR THE STREETS AND DRAINAGE DIVISION. THE JET VACUUM MACHINE IN THE AMOUNT
OF$182,002.64 WILL BE PURCHASED FROM VAC-CON OF GREEN COVE SPRINGS,FLORIDA. THE
INTERNATIONAL 7400 TRUCK CHASSIS FOR THE AMOUNT OF$64,450 WILL BE PURCHASED FROM
Page 8 of 13 Minutes-January 8,2008
SANTEX TRUCK CENTER OF SAN ANTONIO, TEXAS. THE TOTAL COST IS $246,452.64.
Councilmember Coleman seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 08- 007
10. Consider authorizing the City Manager to accept an Emergency Management Performance
Grant from the Department of Homeland Security.
The Department of Homeland Security administers EMPG funding to assist states and local
governments in developing and carrying out emergency management programs such as
mitigating costs of compliance with the National Incident Management System and other
planning and training mandates.The federal funding guidelines are envisioned to cover up to
half the anticipated operating expenses which are currently funded solely through the city's
budget. The projected grant amount is $131,341.50.
The City anticipates spending$262,683 in fiscal year 2008 for the Emergency Management
Program. This grant would provide for up to $131,341.50 of the anticipated annual
expenditure.
Mayor Pro Tern Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER
BE AND HE IS HEREBY AUTHORIZED TO APPLY FOR AND RECEIVE FUNDING IN AN AMOUNT UP TO
$131,341.50 THROUGH THE EMERGENCY MANAGEMENT PERFORMANCE GRANT(EMPG)PROVIDED
BY THE DEPARTMENT OF HOMELAND SECURITY. Councilmember Pate seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 08- 008
11. Consider amending Chapter 6 of the Code of Ordinances relating to the National Electrical
Code and remaining with the 2005 edition.
Administration recommended approval of the proposed amendments to Chapter 6 of the
Code of Ordinances.
Page 9 of 13 Minutes-January 8,2008
The City requires that all electrical work done within the city adhere to the specifications and
requirements outlined in the 2005 edition of the National Electrical Code. However, Section
6-111(b)of the Code of Ordinances,the ordinance that originally adopted the 2005 National
Electrical Code(NEC), has a provision that automatically adopts the most recent version of
the NEC without the opportunity for a hearing. Review of the changes to the Code and
resulting additional costs to consumers should be reviewed and discussed prior to the
adoption of any changes.
The proposed amendment would eliminate this automatic code adoption and revert to the
2005 NEC, the code currently enforced.
Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
AMENDING CHAPTER 6, SECTION 6-111 (B) OF THE CODE OF ORDINANCES OF THE CITY OF
BEAUMONT;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL AND PROVIDING A PENALTY.
Councilmember Pate seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 08- 006
COMMENTS
Public Comment (Persons are limited to 3 minutes)
Frank Kiefer 3190 Willowood Beaumont TX
Spoke to Council regarding the completion of Concord Road at the intersection of Lucas and
Concord, also encouraged all citizens in the area to write to the Public Utilities Commission
(PUC) concerning the rate increase of Entergy bills
Brenda Gilbert 10745 Johnson Rd. Beaumont TX
Commented on the Executive Session that included her and her husband
Raymond L. Fontenot 2860 Sarah St. Beaumont TX
Spoke to Council regarding the situation with the Fire Fighters and asked that Council quickly
bring the arbitration to a close
Council Recessed at - 2:04 p.m.
EXECUTIVE SESSION
Page 10 of 13 Minutes-January 8,2008
Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
City of Beaumont vs. Attorney General Greg Abbott
Council Reconvened at - 3:26 p.m.
GENERAL BUSINESS
12. Consider authorizing the City Attorney to do all things necessary, including filing and
serving all legal actions necessary to contest an adverse Attorney General letter ruling
which the City Attorney determines should be appealed.
Administration recommended authorizing the City Attorney and his authorized staff to
take all action necessary to contest an adverse Attorney General letter ruling which, in
the opinion of the City Attorney should be appealed. Such authorization is retroactive
as well as prospective, so that all action already taken of this nature is hereby ratified
and all future action of this nature is hereby authorized.
On December 27, 2007, the Police Legal Advisor received an opinion from Attorney
General Greg Abbott requiring the release of certain police records. It is the opinion
of this office that these documents are exempt from disclosure. In order to challenge
a decision of the Attorney General, a suit must be filed within 10 days from the receipt
of the opinion. The deadline for filing a suit to contest the Attorney General's opinion
was prior to the convening of the Council Meeting on January 8, 2008. The City
Attorney seeks authorization and ratification to file an appeal to review the opinion of
the Attorney General.
Cost estimates may vary and are undetermined. However,filing fees for municipalities
are not required.
Cause No. D-1-GV-07-002630, City of Beaumont vs. Greg Abbott, has been filed in
the District Court of Travis County on December 31, 2007. Citations have not been
issued. Ratification and authorization for this action as well as future actions is
requested by the City Attorney.
Mayor Pro Tern Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY
ATTORNEY BE AND HE IS HEREBY AUTHORIZED TO FILE AN APPEAL AND THE FILING IS
HEREBY RATIFIED TO CONTEST AN ADVERSE ATTORNEY GENERAL LETTER RULING (OR
2007-16832) REQUIRING THE DISCLOSURE OF CERTAIN POLICE RECORDS.
Councilmember Coleman seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS
COLEMAN, BEAULIEU, PATE AND SMITH
NAYS: NONE
Page 11 of 13 Minutes-January 8,2008
ABSTAIN: COUNCILMEMBER WRIGHT
MOTION PASSED
Resolution 08- 009
Comments
Councilmembers/City Manager comment on various matters
COUNCILMEMBER COMMENTS
COUNCILMEMBER COLEMAN - WISHED EVERYONE A HAPPY NEW YEAR, COMMENTED ON
THE DRILLERS KICKOFF, ENCOURAGED EVERYONE TO
SUPPORT THE LAMAR UNIVERSITY BASKETBALL TEAM
COUNCILMEMBER BEAULIEU- ENCOURAGED EVERYONE TO SUPPORT LAMAR UNIVERSITY
BASKETBALL TEAM AND WISHED EVERYONE A HAPPY NEW
YEAR
COUNCILMEMBER WRIGHT- WISHED EVERYONE AVERY HAPPY NEW YEAR, EXPRESSED
CONDOLENCES TO THE RITTER FAMILY, COMMENTED ON
CHANGE AND ENCOURAGED ALL CITIZENS TO COME
FORWARD AND EXPRESS THEIR CONCERNS TO THE
COUNCIL, LET THERE BE NO CITIZEN LEFT BEHIND, ALSO
CONCERNED ABOUT THE POPULATION IN THE CITY
COUNCILMEMBER PATE- COMMENTED ON THE BEAUMONT DRILLERS ENCOURAGED
EVERYONE TO SUPPORT LAMAR BASKETBALL,
CONDOLENCES TO THE RITTER FAMILY
MAYOR PRO TEM SAMUEL - COMMENTED ON THE SEISMIC TESTING IN THE AREA,
THANKED STAFF FOR ALL OF THE INFORMATION GIVEN TO
CITIZENS THAT MAY HAVE HAD ANY PROBLEMS WITH THEIR
PROPERTY OR JUST CONCERNS REGARDING THE TESTING,
ALSO GAVE THE NAME AND NUMBER OF THE COMPANY THAT
IS DOING THE SEISMIC TESTING TO THE CITIZENS OF
BEAUMONT, ANNOUNCED THAT ON JANUARY 19, 2008 AT
10:00 A.M. THERE WILL BE A PARADE HONORING DR.
MARTIN LUTHER KING JR., AT 2:00 P.M. THERE WILL BE
A DEDICATION TO THE MARTIN LUTHER KING MEMORIAL
PARK
COUNCILMEMBER SMITH- WISHED EVERYONE A HAPPY NEW YEAR, ANNOUNCED THAT
ON JANUARY 12,2008 OUR MOTHER OF MERCY WOULD BE
HAVING A MARDI GRAS PARADE STARTING AT 10:00 A.M.,
COMMENTED THAT HE VISITED WITH FIRE FIGHTER CODY
Page 12 of 13 Minutes-January 8,2008
SCHRODER, HE WAS IN GOOD SPIRITS AND WANTS TO GET
WELL TO GET BACK TO WORK, ON JANUARY 26, 2008 A
CLEAN UP WILL TAKE PLACE IN WARD IV, MEETING PLACE
WILL BE AT THE MASONIC LODGE 3025 SOUTH 5T"STREET
CITY ATTORNEY COOPER - NONE
CITY MANAGER HAYES - NONE
MAYOR AMES - WISHED EVERYONE A HAPPY NEW YEAR, INFORMED THE
MEDIA THAT A PRESS RELEASE WILL BE RELEASED AT 5:00
P.M., REGARDING THE VOTE MADE ON ITEM #12,
CONDOLENCES TO THE FAMILY OF FORMER MAYOR RITTER,
SPOKE ABOUT HIS TRIBUTE AND THE MANY
ACCOMPLISHMENTS HE DID WITHIN THE CITY
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Claim of Dan Eisen
Claim of John and Brenda Gilbert
Consider matters related to employment, evaluation and duties of a public officer or
employee in accordance with Section 551.074 of the Government Code:
City Magistrates
Open session of meeting recessed at 3:43 p.m.
There being no action taken in Executive Session, Council adjourned.
Audio tapes are available upon request in the City Clerk's Office.
Becky Ame Oayor ••
Tina Broussard, City Clerk
Page 13 of 13 Minutes-January 8,2008