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MIN JAN 14 2003 Confirmation of committee appointments - Resolution 03-006 Sam Pulling would be reappointed to the Board of Adjustment (Zoning) as an alternate. The term would commence January 14, 2003 and expire January 13, 2005. (Mayor Evelyn M. Lord) Miriam K. Johnson would be reappointed to the Convention and Tourism Advisory Committee. The term would expire December 2, 2004. (Councilmember Becky Ames) Herb Spangler would be appointed to the Parks and Recreation Advisory Committee. The term would commence January 14, 2003 and expire January 14, 2005. (Councilmember Andrew P. Cokinos) Dora Nisby would be reappointed to the Library Commission. The current term would expire December 12, 2004. (Councilmember Lulu Smith) Marty Craig would be reappointed to the Planning Commission.The current term will expire December 13, 2005. (Councilmember Becky Ames) Dale Hallmark would be reappointed to the Planning Commission. The current term will expire December 2, 2005. (Councilmember Lulu Smith) George Crawford would be reappointed to the Convention and Tourism Advisory Committee. The current term will expire October 14, 2004. (Councilmember Guy Goodson) A) Approve an upgrade to the Police Department's document imaging system - Resolution 03-007 B) Approve the purchase of a sweeper scrubber for use at the Beaumont Municipal Transit Faciliy- Resolution 03-008 C) Approve a one (1)year contract for the purchase of tower rock- Resolution 03-009 D) Approve a resolution authorizing the settlement of the claim of Debra Matthews - Resolution 03-010 E) Approve a payment for 2001 audit fees for the Southeast Texas Community Development Corporation, Inc.,(SETCDC)in the amount of$6,000.00-Resolution 03-11 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson Nays: None Minutes -January 14,2003 Page 2 M I N U T E S - CITY OF BEAUMONT Lulu L.Smith, Mayor Pro Tern EVELYN M. LORD, MAYOR Guy N. Goodson Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J. Patterson January 14,2003 Audwin Samuel Lane Nichols, City Attorney Kyle Hayes, City Manager Susan Henderson,City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on January 14, 2003, 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 * Consent Agenda Mayor Evelyn Lord called the meeting to order at 1:30 p.m. City Magistrate Theodore Johns led the invocation. Chief City Magistrate James D. McNicholas led the pledge of allegiance. Roll call was made by Susan Henderson, City Clerk. Present at the meeting were: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson. Also, present were Kyle Hayes, City Manager; Lane Nichols, City Attorney; Susan Henderson, City Clerk; and Betty Braxton, Deputy Clerk. Proclamations, Presentations and Recognitions None Public Comment: Persons may speak on items listed on the Consent Agenda or on any General Business item. Matt Thompson, Executive Director of the Southeast Texas Community Development Corporation, Inc., thanked Council for their continued support to SETCDC, in their effort to provide housing for people receiving affordable housing. CONSENT AGENDA * Approval of minutes - Minutes of January 7, 2003 Confirmation of committee appointments - Resolution 03-006 Sam Pulling would be reappointed to the Board of Adjustment (Zoning) as an alternate. The term would commence January 14, 2003 and expire January 13, 2005. (Mayor Evelyn M. Lord) Miriam K. Johnson would be reappointed to the Convention and Tourism Advisory Committee. The term would expire December 2, 2004. (Councilmember Becky Ames) Herb Spangler would be appointed to the Parks and Recreation Advisory Committee. The term would commence January 14, 2003 and expire January 14, 2005. (Councilmember Andrew P. Cokinos) Dora Nisby would be reappointed to the Library Commission. The current term would expire December 12, 2004. (Councilmember Lulu Smith) Marty Craig would be reappointed to the Planning Commission.The current term will expire December 13, 2005. (Councilmember Becky Ames) Dale Hallmark would be reappointed to the Planning Commission. The current term will expire December 2, 2005. (Councilmember Lulu Smith) George Crawford would be reappointed to the Convention and Tourism Advisory Committee. The current term will expire October 14, 2004. (Councilmember Guy Goodson) A) Approve an upgrade to the Police Department's document imaging system - Resolution 03-007 B) Approve the purchase of a sweeper scrubber for use at the Beaumont Municipal Transit Faciliy- Resolution 03-008 C) Approve a one (1)year contract for the purchase of tower rock- Resolution 03-009 D) Approve a resolution authorizing the settlement of the claim of Debra Matthews - Resolution 03-010 E) Approve a payment for 2001 audit fees for the Southeast Texas Community Development Corporation, Inc.,(SETCDC)in the amount of$6,000.00-Resolution 03-11 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson Nays: None Minutes -January 14,2003 Page 2 • Administration of the oath of office-City Magistrate Craig Lively Jefferson County County Court at Law Judge Guadalupe Flores administered the oath of office for the newly appointed City Magistrate Craig Lively. Mayor Lord recessed Council meeting for a reception held in the lobby of City Hall for City Magistrate Craig Lively. The regular City Council meeting was reconvened at 2:12 p.m. GENERAL BUSINESS 1. Consider authorizing the City Manager to execute a lease agreement for parking lot property located in the Downtown Business District on Park Street. Administration recommended authorizing the City Manager to execute a lease agreement with the Boston Store Dry Goods Company and lone S. Ney, as Trustee of the Ney Family Trust, for property described as Lots 404 through 408 inclusive, Lots 410 and 411, and Lots 413 through 415 inclusive, Block 57, of the Beaumont Townsite Subdivision, also known as 790 through 796 Park Street. In 1999, City Council approved a five (5) year lease agreement with Mr. Randolph J. Ney, President of Boston Store Dry Goods Company (BSDGC), for the use of vacant parking lot property across from the newly remodeled Municipal Court Building on Park Street. Since the lease was executed, Jefferson County has negotiated a new lease agreement with the United States Postal Service to provide additional space at the Remote Encoding Site, located at 750 Pearl Street. Required in the County's agreement with the U. S. Postal Service is for the County to provide an additional 300 parking spaces for the additional personnel to be employed at the Remote Encoding Site. In order for the County to comply with the parking provisions of their agreement and to secure the additional jobs that their lease provides, they have asked for the cooperation of the City to extend the lease agreement with Mr. Ney. The proposed lease agreement with BSDGC commences on January 1, 2005, thus perpetuating the existing lease agreement, and terminates at the end of December 2009. This new lease agreement provides for a monthly rental payment of $1,200.00, or $14,400.00 annually. Because of the potential future use of the parking lot, such as an expansion of the Municipal Court Building to the upper floors or new development in the downtown area, an option to purchase the property is included in the agreement. The property value was appraised by Bishop Real Estate Appraisers in 2002 at $170,000.00. If prior to the expiration of the lease agreement the City wishes to purchase the property, the option maybe exercised and the property purchased at the 2002 appraised value less all amounts which have been paid in rent under the lease. The City also has the right to sublease the property to Jefferson County, and to make improvements. A separate agreement with Jefferson County will be present for Council review. Councilmember Cokinos moved to approve Resolution 03-012 authorizing the City Manager to execute a lease agreement with the Boston Store Dry Goods Company and Minutes -January 14,2003 Page 3 lone S. Ney, as Trustee of the Ney Family Trust, for property described as Lots 404 through 408 inclusive, Lots 410 and 411, and Lots 413 through 415 inclusive, Block 57, of the Beaumont Townsite Subdivision, also known as 790 through 796 Park Street. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmember Goodson, Cokinos, Ames, Samuel and Patterson Nays: None 2. Consider authorizing the City Manager to execute a sublease agreement with Jefferson County for parking lot property. Administration recommended authorizing the City Manager to execute a sublease agreement with Jefferson County for parking lot property described as Lots 404 through 408 inclusive, Lots 410 and 411,and 413 through 415 inclusive, Block 57,of the Beaumont Townsite Subdivision, also known as 790 through 796 Park Street. In order to comply with its lease agreement, Jefferson County wishes to lease vacant parking lot property located on Park Street,which is controlled by the City under a separate agreement with Boston Dry Goods Co. (BSDGC). The proposed sublease agreement provides for Jefferson County to use the Park Street parking lot, and is authorized to make improvements to the property. Jefferson County is responsible for maintaining both the improvements and premises throughout the lease term. As consideration for use of the parking lot until December 31, 2008, the County agrees to pay a nominal fee of$1.00 per year. Councilmember Cokinos moved to approve Resolution 03-013 authorizing the City Manager to execute a sublease agreement with Jefferson County for property described as Lots 404 through 408 inclusive, Lots 410 and 411, and Lots 413 through 415 inclusive, Block 57, of the Beaumont Townsite Subdivision, also known as 790 through 796 Park Street. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson Nays: None 3. Consider approving a six month contract for the purchase of asphaltic concrete for use in the Public Works Department. Administration recommended awarding a six (6) month contract for the purchase of purchasing asphaltic concrete at an estimated total contract expenditure of$184,000.00, as funds are available in the Public Works Department's operating budget. Cold laid asphaltic concrete is used for repairing potholes and small sections of street. Hot laid asphaltic concrete is used for repairs to larger street sections. It is estimated that Minutes -January 14,2003 Page 4 approximately 6,000 tons of asphaltic concrete will be used during the term of the contract. Councilmember Goodson moved to approve Resolution 03-014 awarding a six(6)month contract for purchasing asphaltic concrete to APAC-Texas, Inc. at the following unit prices: $30.00 per ton for hot laid concrete - plant pickup, $33.30 per ton for jobsite delivery; and $32.00 per ton for cold laid concrete - plant pickup, $35.00 per ton for jobsite delivery. Mayor Pro Tern Smith seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson Nays: None 4. Consider approving a one (1)year contract for the purchase of cement stabilized base for use in the Public Works Department. Administration recommended award of a one (1) year contract to Trinity Aggregate Distribution for the purchase of cement stabilized base at an estimated total annual expenditure of $74,750.00. Funds are available for this amount in the Public Works Department's operating budget. The material is used in the repair and maintenance of driveway culverts and storm sewers. It is estimated that approximately 5,000 tons of cement stabilized base will be used during the contract period. Mayor Pro Tern Smith moved to approve Resolution 03-015 awarding a one (1) year contract for purchasing cement stabilized base to Trinity Aggregate Distribution at the unit cost of$14.95 per ton. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson Nays: None 5. Consider approving a contract between the City of Beaumont and the Southeast Texas Community Development Corporation, Inc. (SETCDC). Administration recommended that Council authorize the City Manager to execute a contractwith the Southeast Texas Community Development Corporation(SETCDC)in the amount of $345,000.00 using 2001 HOME funds. The City of Beaumont has a contractual relationship with the Southeast Texas Community Development Corporation, Inc. (SETCDC) to provide homebuyer's assistance for newly constructed homes in targeted neighborhoods. The contract in the amount$34,500.00 will allow them to acquire property and provide downpayment assistance for ten (10)scattered site homes in the M. L. King, Jr. area of Beaumont at $34,500.00 each. The $34,500.00 Minutes -January 14,2003 Page 5 will include homebuyer assistance ($23,000.00), property acquisition ($5,000.00), closing cost ($1,500.00) and developers fees ($5,000.00) on each home. Councilmember Cokinos moved to approve Resolution 03-016 approving a contract with Southeast Texas Community Development Corporation, Inc. (SETCDC) in the amount of $345,000.00. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson Nays: None 6. Consider approving a contract between the City of Beaumont and Habitat for Humanity. Administration recommended Council authorize the City Manager to execute a contract with Habitat for Humanity in the amount of$50,000.00 from the 2001 HOME funds. Funds are available from the 2001 HOME funds. The Catholic Diocese of Beaumont has donated a 7.8 acre tract of land, Pinebrook Place, to Beaumont Habitat in a targeted empowerment zone in north Beaumont,that will facilitate 32 single family residences. The average habitat home will cost $50,000.00 and will be sold to low-to-moderate income families. Habitat has requested funding to provide down payment and closing cost assistance to seven (7) low-to-moderate income families at $7,142.00 per home. Mayor Pro Tem Smith moved to approve Resolution 03-017 authorizing the City Manager to enter into a contract with Habitat for Humanity for$50,000.00 to provide down payment and closing cost assistance to up to seven (7) low-to-moderate income families. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson Nays: None At this point, Mayor Evelyn Lord opened a Public Hearing on General Business Item No. 7 listed below. No public comments were received and the Public Hearing was closed. Mayor Lord continued with the regular Council meeting that consideration be given and action be taken on General Business Item No. 7 listed below: 7. Consider the re-adoption of the Land Use Plan Element of the Comprehensive Plan and its accompanying "Development Strategies Plan" and re-adoption of the Major Street & Highway Plan "Map" and accompanying "Appendix A" defining street and highway development standards of the plan, all of which are components of the Comprehensive Plan of the City of Beaumont. Minutes -January 14,2003 Page 6 The administration recommended approval of the re-adoption, with no significant modifications,of the currently adopted Land Use Plan Element of the Comprehensive Plan and its accompanying "Development Strategies Plan" and re-adoption, with no significant modifications, of the currently adopted Major Street & Highway Plan "Map" and accompanying "Appendix A" defining street and highway development standards of the plan, all of which are components of the Comprehensive Plan of the City of Beaumont. The re-adoption of the Land Use Plan Element and its accompanying "Development Strategies Diagram" and the Major Street and Highway Plan including its accompanying "Appendix A" defining the development standards of the plan were last approved on January 9, 2001. Their re-adoption is being requested in order to maintain the two year re-adoption schedule required by the Comprehensive Plan and City Charter. Both the text and map of both documents have been modified in order to update them to reflect changes that have occurred over the past two years. No significant, substantive changes have been made to either plan element. At a joint Public Hearing with City Council held December 16, 2002, the Planning Commission voted 7:0 to approve the re-adoption,with no significant modifications, of the currently adopted Land Use Plan Element of the Comprehensive Plan and its accompanying "Development Strategies Plan" and re-adoption, with no significant modifications, of the currently adopted Major Street & Highway Plan "Map" and accompanying "Appendix A" defining street and highway development standards of the plan, all of which are components of the Comprehensive Plan of the City of Beaumont. Councilmember Cokinos moved to approve Resolution 03-018 re-adopting, with no significant modifications, of the currently adopted Land Use Plan Element of the Comprehensive Plan and its accompanying "Development Strategies Plan" and re- adoption, with no significant modifications, of the currently adopted Major Street & Highway Plan "Map" and accompanying "Appendix A" defining street and highway development standards of the plan, all of which are components of the Comprehensive Plan of the City of Beaumont. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson Nays: None COMMENTS * Councilmembers comment on various matters Mayor Pro Tom Smith - None Councilmember Goodson - None Minutes -January 14,2003 Page 7 Councilmember Cokinos - None Councilmember Ames - None Councilmember Samuel commented on his attendance at a National League of Cities meeting that he attended January 10, 2003 through January 11, 2003. He felt progress was made when he met with the City's Washington liaison, Carolyn Chaney, to see that items of concern for Beaumont and the funding of these concerns, especially for low income housing, are at the top of the League's priority list for consideration. Councilmember Patterson - None City Manager Kyle Hayes told Council that our sales tax figures were$470,000.00 down for the first four months of this fiscal year as compared to last year. City Manager Kyle Hayes also explained, at the request of Councilmember Ames, why budget monetary numbers are low although new retail businesses have been built. Mayor Evelyn Lord - None Public Comments (Persons are limited to three minutes) Sally Lee 3770 Heatherwood Beaumont, TX Mrs. Lee brought her concerns before Council about reducing transit services within the City of Beaumont. Mrs. Lee is in a wheelchair and stated she depends solely on the City's bus service for appointments and shopping needs. Roland Davis 535 McGovern Beaumont, TX Mr. Davis also addressed Council on his behalf,as well as many other citizens,who depend solely on the City's bus lines. Mr. Davis asked Council not to reduce bus routes or schedules. William Proctor 4340 Westridge Lane Beaumont, TX Mr. Procter asked Council not to reduce bus services or schedules because he, like many handicapped and wheelchair bound citizens, depend on the City's buses for their transportation within the City. Leroy Lewis, III 7866 Gladys Beaumont, TX Mr. Lewis presented Council with various problems he has observed within the City. He referred to flooding, street lights, and the lack of City sidewalks. Minutes -January 14,2003 Page 8