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Home My WebLink AboutMIN JUN 09 2015M I N U T E S- CITY OF BEAUMONT W.L. Pate, Jr., At -Large BECKY AMES, MAYOR Gethrel Wright, At -Large Claude F. Guidroz, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel, Ward III June 9, 2015 William R. Sam, Sr. 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 June 9, 2015, 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. PastorAiron Reynolds Jr., of Borden Chapel Baptist Church gave the invocation. MayorAmes led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Councilmembers Guidroz, Getz, Wright, Pate, Samuel and Sam. 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. Carlos Zaffirini 401 W. 15" St. #840 Austin TX Spoke in regards to Items 2, 3, & 4 on the Agenda; the creation of the Beaumont Municipal Local Provider Participation Fund, asked that council consider these items for approval CONSENT AGENDA Approval of minutes —June 2, 2015 Confirmation of committee appointments — Resolution 15 -102 Clarke Baker would be appointed to the Parks and Recreation Advisory Committee. The term would commence June 9, 2015 and expire June 8, 2017. (Councilmember Mike Getz) Donna Forgas would be appointed to the Library Commission. The term would commence June 9, 2015 and expire June 8, 2017. (Councilmember Mike Getz) Minutes — June 9, 2015 A) Authorize the City Manager to sign an amended Interlocal Agreement related to the management and operation of the 800MHz radio system — Resolution 15 -103 B) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Windemere Subdivision Section Three — Resolution 15 - 104 C) Authorize the City Manager, or his designee, to execute all documents related to a Memorandum of Understanding Addendum with the Garth House, Mickey Mehaffy Children's Advocacy Program, Inc. — Resolution 15 - 105 D) Authorize the City Manager to apply for and receive funding through the Edward Byrne Memorial Justice Assistance Grant program and to execute all documents necessary, specifically, an inter -local agreement with the City of Port Arthur, Texas and Jefferson County, Texas in order to reallocate Justice Assistance Grant funds — Resolution 15 -106 Councilmember Pate moved to approve the Consent Agenda. Councilmember Guidroz seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT, PATE, SAMUEL AND SAM NAYS: NONE MOTION PASSED GENERAL BUSINESS Consider a request to repeal Ordinance 15-010 approving a Specific Use Permit to allow a retail, used clothing and merchandise store in an RCR (Residential Conservation Revitalization) District at1795 Park. In May, 2015, City Council approved a Specific Use Permit (File 2227-P) at 1795 Park for a used clothing and merchandise store. Following this approval, staff received a written protest from LinMarie Garsee, a neighbor, claiming that she was not provided proper notification of the Joint Public Hearing on April 20, 2015. For public hearing notification, the ordinance requires that in,addition to publication in a newspaper, written notice is to be given "...to all such owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll." Research showed that notification had been mailed to Ms. Garsee's Post Office Box. However, in July, 2014, Ms. Garsee submitted a request to the Jefferson County Appraisal District to change her ownership billing address from the Post Office Box to her home address at 495 Craig. Because the city's computer system reflected the older address, the notification was sent to the Post Office Box. If the City Council feels that a new hearing is necessary, the item could be reconsidered at the June 15; 2015 Joint Public Hearing of the Planning Commission and City Council. Minutes—June 9, 2015 .. Approve the repeal of the ordinance and reconsider the item at the June 15, 2015 hearing. Councilmember Samuel moved to APPROVE A RESOLUTION THAT ORDINANCE NO. 15-010 BE AND IT IS HEREBY REPEALED. Councilmember Getz seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT, PATE, SAMUEL AND SAM NAYS: NONE MOTION PASSED Resolution 15,— 107 PUBLIC HEARING Receive comments related to the creation of the Beaumont Municipal Local Provider Participation Fund Public Hearing Open: 2:04 p.m. None Public Hearing Close: 2:04 p.m. 2. Consider approving an ordinance authorizing participation in a Municipal Health Care Provider Participation Program. Councilmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AUTHORIZING THE CITY OF BEAUMONT'S PARTICIPATION IN A MUNICIPAL HEALTH CARE PROVIDER PARTICIPATION PROGRAM, COLLECTION OF A MANDATORY PAYMENT, AND USE OF FUNDS FROM MANDATORY PAYMENTS. Councilmember Wright seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT, PATE, SAMUEL AND SAM NAYS: NONE MOTION PASSED Ordinance 15 - 016 3. Consider approving a resolution authorizing the execution of Indigent Care Affiliation Agreements with Christus Hospital and Baptist Hospitals of Southeast Texas. Councilmember GUidroz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS AUTHORIZED TO EXECUTE AN INDIGENT CARE AFFILIATION AGREEMENT BETWEEN THE CITY OF BEAUMONT AND CHRISTUS HOSPITAL. BE IT FURTHER RESOLVED THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INDIGENT CARE AFFILIATION AGREEMENT BETWEEN THE Minutes — June 9, 2015 CITY OF BEAUMONT AND BAPTIST HOSPITALS OF SOUTHEAST TEXAS. Councilmember Sam seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT, PATE, SAMUEL AND SAM NAYS: NONE MOTION PASSED Resolution 15 —108 4. Consider a resolution authorizing the execution of a Certification of Governmental Entity Participation for Hospital Affiliates. Councilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE THE CERTIFICATION OF GOVERNMENTAL ENTITY PARTICIPATION FOR HOSPITAL AFFILIATES IN ACCORDANCE WITH THE REQUIREMENTS OF ESTABLISHING A MUNICIPAL HEALTH CARE PROVIDER PARTICIPATION PROGRAM. Councilmember Guidroz seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT, PATE, SAMUEL AND SAM NAYS: NONE MOTION PASSED Resolution 15 —109 WORKSESSION Review and discuss amending the Code of Ordinances to allow the riding of bicycles on sidewalks adjacent to roadways without designated bike lanes Kyle Hayes, City Manager, reviewed and discussed the Code of Ordinances to allow the riding of bicycles on sidewalks adjacent to roadways without designated bike lanes. The Manager stated that the issue is that no person shall ride a bicycle on other than a vehicular road or path designed for that purpose. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grass area or wooded trail or on any pathway reserved for pedestrian use. Bicyclists shall at all times operate their machines with a reasonable regard for the safety of others, signal turns, pass to the right of any vehicle they are overtaking and pass to the right of any vehicle they may be meeting. The options for Council consideration, 1) allow biking on sidewalks, except where there are also designated bike lanes, example: Calder Avenue, Rolfe Christopher, Westgate etc., 2) allow biking on all sidewalks. The manager stated the topic would be brought back to Council for an action item at a future Council meeting. Minutes — June 9, 2015 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting COUNCILMEMBER COMMENTS COUNCILMEMBER SAM - STATED THAT IN THE LAST THREE MONTHS HE HAS HEARD NEGATIVE THINGS ABOUT CERTAIN AREAS IN THE CITY IT'S OFFENSIVE TO HIM, STATED THAT IF NOTHING POSITIVE CAN BE SAID THEN THERE ARE HOPES THAT NOTHING WILL BE SAID, THINKS THAT WHAT ALL OF COUNCIL WANTS TO DO IS TO NOT MAKE NEGATIVE COMMENTS ABOUT CERTAIN OF THE DIFFERENT AREAS OF THE CITY, STATED TO COUNCILMEMBER SAMUEL THAT HE KNOWS THAT HE HAS A POSITIVE OUTLOOK FOR THE CITY COUNCILMEMBER SAMUEL - COMMENTED IN REGARDS TO BEING APPROACHED AT THE MALL BY A CITIZEN WHO HANDED HIM A NOTE IN REGARDS TO WHERE A PERSON CAN LIVE OR NOT LIVE, ALSO COMMENTED ON HIS 30 PLUS YEARS THAT HE HAS SERVED ON COUNCIL, ALSO MADE COMMENTS IN REGARDS TO A HEADLINE IN THE EXAMINER, THANKED THE EXAMINER FOR THE ARTICLE THAT THEY WROTE, THEY WILL NEVER GET THE OPPORTUNITY TO INTERVIEW HIM AGAIN, ALSO THANKED THE BEAUMONT ENTERPRISE FOR THEIR OBJECTIVE ARTICLE, ALSO MADE COMMENTS ABOUT THE SPECIFIC USE PERMIT AND CERTIFICATE OF OCCUPANCY THAT HE IS SEEKING FOR THE NEW OFFICE HE IS WANTING TO RELOCATE INTO COUNCILMEMBER PATE - ASKED THAT THE CITIZENS PRAY FOR HIM AND COUNCIL, THEY ARE NOT PERFECT AND THEY ALL TRY AND DO THE RIGHT THING AND LIVES IN A COUNTRY SO THAT WE CAN MAKE CHOICES, FORTUNATE TO ATTEND THE CHANGE OF COMMAND CEREMONY AT THE 842"D TRANSPORTATION UNIT, STATED THAT ALL OF COUNCIL APPRECIATES SERVING THE CITIZENS OF BEAUMONT COUNCILMEMBER WRIGHT - CONGRATULATED ALL OF THE GRADUATES THAT GRADUATED ON LAST WEEK, GAVE SPECIAL CONGRATULATION TO HER GRANDSON SKYLAR VALLIER WHO ALSO GRADUATED ON LAST WEEK, ALSO COMMENTED ON THE LUNCHEON THAT SHE AND THE MAYOR ATTENDED FOR THE TEXAS DEPARTMENT OF. FAMILY AND PROTECTIVE SERVICES OF THE BUCKNER CHILDREN AND FAMILY SERVICES AT THEIR NEW BUILDING CALLED THE LAUREL, ENCOURAGED EVERYONE TO GET OUT AND VOTE DURING EARLY VOTING WHICH IS GOING ON RIGHT NOW FOR THE RUN-OFF IF YOU LIVE IN A WARD IV, ELECTION DAY IS .LUNE 20, 2015 Minutes — June 9, 2015 COUNCILMEMBER GETZ - HAD THE PRIVILEGE TO PARTICIPATE IN THE SPINDLE TOP SPIN, APPRECIATES COUNCIL LOOKING AT CHANGING THE ORDINANCE TO ALLOW BICYCLERS TO RIDE THEIR BICYCLES ON THE SIDEWALK, ALSO FELT COMPELLED TO MAKE COMMENTS IN REGARDS TO COMMENTS THAT WERE DIRECTED TO HIM BY COUNCILMEMBER SAMUEL COUNCILMEMBER GUIDROZ - THANKED KYLE HAYES, CITY MANAGER AND HIS STAFF FOR AGREEING TO MEET WITH HIM AND SOME OF HIS CONSTITUENTS IN REGARDS TO SOME ISSUES THAT THEY HAVE BEEN DEALING WITH FOR SOME TIME, FELT THAT HIS CONSTITUENTS LEFT THE MEETING FEELING LIKE THEY MATTER CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - THANKED COUNCILMEMBER PATE FOR ATTENDING THE CHANGE OF COMMAND CEREMONY, ALSO COMMENTED ON THE EVENT HELD BY BUCKNER CHILDREN AND FAMILY SERVICES, ALSO COMMENTED ON WHAT USED TO BE CALLED THE GREEN TEAM WHICH IS NOW CALLED THE FUTURE LEADERS WHICH IS SPONSORED BY EXXONMOBIL WHICH ALLOWS 30 SENIORS IN HIGH SCHOOL TO PARTICIPATE IN'A WORK PROGRAM THROUGH THE SUMMER WITH BISD, CITY OF BEAUMONT AND LAMAR UNIVERSITY WHICH IS A GREAT OPPORTUNITY FOR EACH OF THEM, CONGRATULATED ALL OF THE GRADUATES THAT GRADUATED OVER THIS PAST WEEK Public Comments (Persons are limited to three minutes) Rodney Dencklou 3030 French Rd. #425 Beaumont TX Thanked Council for acting so quickly on the issues that he brought before them previously, commented on French Road stated the entire road needs to be fixed, Delaware needs to have the sidewalks done, on Dowlen Rd. there are sidewalks from the Goodwill store on down, there are no sidewalks past Goodwill, hope that Council takes this into consideration to make the repairs Landry Rountree 1565 S. Major Dr. Beaumont TX Congratulated his sister Larinda Roundtree who is retiring from the Paul Brown Center, stated to Councilmember Samuel that he now knows ,how he feels, stated that sometimes someone comes along and sows seeds into their lives and reaps the seeds that they didn't sow, stated that God will send the right people at the right time, good seed will produce a good crop, the key is for each one of us to plant good seeds so that we can reap good things Minutes June 9, 2015 Randjia Jones 1195 Caldwell Beaumont TX Spoke to Council in regards to the City of Beaumont Water Utilities Department Chris Watkins 545 Roberts Ave Beaumont TX Spoke to Council in regards to the City of Beaumont Water Utilities Department Denise M. Hinz 3030 French Rd. #225 Beaumont TX Stated that there are many like her in the city who are in a wheelchair or with a handicap, stated that it's difficult to get around the city because there are no adequate sidewalks, told Council that just today she was almost hit by a car when crossing the street, said it is very difficult for a person in her situation to get on and off the city bus, also stated that there are not enough covered bus stops to prevent from getting rained on and protect them from the sun when waiting on the bus, asked that Council please look into this situation Open session of meeting recessed at 2:56 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Pamela Cole v. Emilio Romero; Cause No. 23081 There being no action taken in Executive Session, Council adjourned. Tina rk's Office. ,. B�AUMONi';tTE�r(5; Minutes — June 9, 2015