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Home My WebLink AboutMIN AUG 28 2017BEAUMONT T E X A S M I N U T E S- CITY OF BEAUMONT SPECIAL MEETING W.L. Pate, Jr., At -Large BECKY AMES, MAYOR Gethrel Wright, Mayor Pro Tem Virginia H. Jordan, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel, Ward III August 28, 2017 Robin Mouton, 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 in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on August 28, 2017, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 4:00 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Public Comment: Persons may speak on scheduled agenda item No. 1 & 2 Mayor Ames called the council meeting to order at 4:00 p.m. No invocation was done. Mayor Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. An update/briefing was given by Officer Carol Riley with the Emergency Operations Center. Present at the meeting were Mayor Ames, Councilmembers Jordan, Getz, Pate, Samuel and Mouton. Absent: Mayor Pro Tem Wright. Also present were Kyle Hayes,- City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Public Comment: Persons may speak on scheduled agenda items 1 & 2 None GENERAL BUSINESS Consider an ordinance adopting a new Division 4, Right -of -Way Management Regulations, of Chapter 14 of the Code of Ordinances, regulating the location of small cell network nodes in the public rights-of-way. The 85th Legislature, sitting in regular session, passed Senate Bill 1004 enacting a new Chapter 284 of the Texas Local Government Code. The legislation, in general, grants wireless network providers access to public rights-of-way to install small cell network nodes to poles and structures in the public rights-of-way. The effective date of this legislation is September 1, 2017. The State has delegated to each municipality the fiduciary responsibility to manage the public right-of-way for the health, safety and welfare of the public. In order to do so, in light of this new legislation, the City needs to have right-of-way management Minutes —August 28, 2017 regulations and design criteria adopted prior to the effective date of the legislation. This ordinance proposes the adoption of a new division of Chapter 14 to the Code of Ordinances implementing right-of-way management regulations. Approval of ordinance. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ADOPTING A NEW CHAPTER 14, ARTICLE 14.03, DIVISION 4, RIGHT-OF-WAY MANAGEMENT REGULATIONS, TO CONFIRM TO NEW STATE LEGISLATION FOR SMALL CELL TECHNOLOGY AND OTHER MINOR CHANGES, AND PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE, A PUBLICATION CLAUSE AND AN EFFECTIVE DATE. Councilmember Jordan seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS JORDAN, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 17-054 2. Consider approving a Design Manual and a Pole Attachment Agreement regulating the installation of network nodes and node support facilities on City service and utility poles. The 85th Legislature, sitting in regular session, passed Senate Bill 1004 enacting a new Chapter 284 of the Texas Local Government Code. The legislation, in general, grants wireless network providers access to public rights-of-way to install small cell network nodes to poles and structures in the public right-of-way. `The effective date of this legislation is September 1, 2017. The State has delegated to each municipality the fiduciary responsibility to manage the public right-of-way for the health, safety and welfare of the public. In order to do so, in light of this new legislation, the City needs to have right-of-way management regulations and design criteria adopted prior to the effective date of the legislation. The ordinance proposes the adoption of a Design Manual and a Pole Attachment Agreement regulating the installation of network nodes on City service and utility poles. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE WITH EXHIBITS C & D ATTACHED, APPROVING A DESIGN MANUAL FOR THE INSTALLATION OF NETWORK NODES AND NODE SUPPORT POLES; AND APPROVING A POLE ATTACHMENT AGREEMENT REGULATING THE INSTALLATION OF NETWORK NODES ON CITY SERVICE POLES AND UTILITY POLES; DECLARING GOVERNING LAW; PROVIDING REPEALING AND SAVINGS CLAUSES; PROVIDING A TEXAS OPEN MEETINGS ACT CLAUSE; AND PROVIDING AN EFFECTIVE DATE OF SEPTEMBER 1, 2017. Councilmember Jordan seconded the motion. AYES: MAYORAMES, COUNCILMEMBERS JORDAN, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Minutes —August 28, 2017 Ordinance 17-055 WORK SESSION City Council discussion regarding the statue located at Weiss Park Councilmembers Getz and Samuel both discussed the statue located at Weiss Park. Councilmember Getz presented Council with four (4) options. Option #1, was the removal of the bronze statue only and store in Facilities Maintenance Warehouse or a yet to be determined location. Work to be performed by City crews. There would be no cost impact, this option will leave the limestone monument in place. Option #2, was the removal of the bronze statue only and move it to the granite monument located at Pipkin Patriot Park. Work to be performed by City Crews. There would be no cost impact, there was a concern with this option that the statue will only be 6'— 6" above the ground which would provide easy access for someone to vandalize the statue and or pull it down. Option #3, was to remove the bronze statue and the limestone monument and store all the components at a site to be determined. This work would be performed by a contractor at a cost of $14,232.00. Option #4, was to remove the bronze statue and the limestone monument and move to a yet to be determined location and erect the monument onto a new support foundation. This work would be performed by a contractor and the cost breakdown is as follows: Remove and reinstall the statue and monument - $25,387.00 Engineering fees for foundation design - $ 5,000.00 New concrete foundation - $14,500.00 Total Cost for Option #4 - $44,887.00 COMMENTS None Public Comments (Persons are limited to three minutes) Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS MAYOR PRO TEM MOUTON - NONE COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER PATE - NONE COUNCILMEMBER WRIGHT - NONE COUNCILMEMBER GETZ - NONE COUNCILMEMBER JORDAN - NONE Minutes —August 28, 2017 CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - NONE being rip Executive Session, Council adjourned at 5:20 p.m. fr Tina Broussard, ity Clerk w Minutes — August 28, 2017