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MIN FEB 08 2005 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith,Ward I EVELYN M. LORD,MAYOR Nancy Beaulieu,Ward II Andrew P. Cokinos,At-Large CITY COUNCIL MEETING Becky Ames, Mayor Pro Tern Bobbie J. Patterson,Ward III February 8,2005 Audwin Samuel,Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Rose Ann Jones, City Clerk The City Council of the City of Beaumont,Texas, met in a regular session on February 8,2005, 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 - Receive report related to the FY2004 Audit Public Comment: Persons may speak on scheduled agenda items 2-7/Consent Agenda Consent Agenda Mayor Lord called the council meeting to order at 1:30 p.m. Pastor David Robinson of the Douglas Memorial Church gave the invocation. Mayor Pro Tern Ames, led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Lord, Mayor Pro Tern Ames,Councilmembers Smith,Beaulieu, Cokinos, Patterson and Samuel (arrived 1:38 p.m.) Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions "Taste of the Triangle Day in Beaumont"-February 8,2005-Proclamation read by Mayor Lord; accepted by the Sabine Area Restaurant Association Public Comment: Persons may speak on scheduled agenda items 2-7/Consent Agenda. Allen Lee 5095 Maddox Beaumont TX #2: Spoke about dangerous structures in the city #5: Suggested alternate options to the proposed contracts Roberto C. Flores Sr. 2425 Buchanan Beaumont TX #2: In favor of the proposed recommended changes for dangerous structures Minutes-February 8,2005 Joseph Lewis PO Box 62 Beaumont TX #2: Feels that the recommended changes should include provision for rehabilitation of the dilapidated structures Wilfred Richard 1825 Elgie Beaumont TX #2: Spoke on the extension of time on dilapidated structures James Williams 3130 Tracy Street Beaumont TX #2: Spoke on the extension time allowed for rehabilitation of structures and the need for buildings to be preserved Presentation Ted Williams from Cook Shaver Parker&Williams presented the independent auditor's report which gave the City a"Clean Opinion"which means the City had a good audit and the financial situation has improved over the year CONSENT AGENDA Approval of minutes - Minutes of February 1, 2005 Confirmation of committee appointments Wayne E. Duerler-Fire Professional, would be appointed to the Construction Board of Adjustment and Appeals. The term would commence February 8,2005 and expire February 7, 2006. (Mayor Evelyn M. Lord) - Resolution 05-032 A) Amend a contract with the Beaumont Community Housing Development Organization (BCHDO) - Resolution 05-033 B) Authorize the City Manager to execute a contract for the pouring of sidewalks at North, McFaddin, Ewing and Oakland Streets (old Dick Dowling school site)- Resolution 05-034 C) Approve a resolution authorizing the acceptance of a water line easement off State Highway 347 to provide access for fire prevention services - Resolution 05-035 D) Approve a resolution urging our State legislators to develop and enact legislation to protect freshwater inflows into Sabine Lake - Resolution 05-036 Mayor Pro Tern Ames moved to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL Page 2 of 11 Minutes-February 8,2005 NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a request for a zone change from NC (Neighborhood Commercial)to GC-MD-2(General Commercial-Multiple Family Dwelling-2)District at 3805 Calder- Ordinance 05-017, Ordinance 05-018 Administration recommended approval of a zone change from NC (Neighborhood Commercial)to GC-MD-2(General Commercial-Multiple Family Dwelling-2)District at 3805 Calder Jeff Presnal, representing CVS Pharmacy, is requesting a zone change from NC (Neighborhood Commercial) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a pharmacy at the southeast corner of Calder and 23`d Street. The property is presently occupied by a portion of a strip center that will be demolished to allow the new construction. The pharmacy will consist of a 13,013 sq.ft.,one story building with related parking. This store will be open from 7:00 a.m. to 10:00 p.m., seven days a week. At a Joint Public Hearing held January 24,2005,the Planning Commission voted 7:0 to approve a zone change from NC(Neighborhood Commercial)to GC-MD-2(General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a pharmacy in a GC-MD-2 District at 3805 Calder subject to the following conditions: • Move the detached owner identification signs 10' from the property lines or receive a variance from the Board of Adjustment. • Trees shall be planted every 25'along the landscape edges on Calder, Phelan and 23`d • Delivery truck route shall be changed to use entrance from Phelan and exit onto 23`d Street. • The sign on the Calder side of the property shall be a monument sign with a maximum height of 6'and the sign on the Phelan side shall have a maximum height of 15'. • The lighting in the parking lot shall be shielded to protect neighboring properties. • The vertical compactor enclosure shall be constructed of masonry and stucco and the dumpster enclosure shall be constructed of wood. • Store hours will be 7 a.m. to 10 p.m., seven days a week. Page 3 of 11 Minutes-February 8,2005 In addition to the above conditions, administration recommended the following additional condition for the specific use permit. • Store deliveries will not be allowed between the hours of 7 a.m. - 9 a.m., 11 a.m. - 2 p.m. and 4 p.m. - 6 p.m. Councilmember Beaulieu moved tO ADOPT ORDINANCE 05-017 ENTITLEDAN 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 CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED NC(NEIGHBORHOOD COMMERCIAL)DISTRICT TO GC-MD-2(GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 3805 CALDER, BEAUMONT,JEFFERSON COUNTY,TEXAS;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL AND PROVIDING FORA PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED Consider approving a specific use permit to allow a pharmacy in a GC-MD-2 District at 3805 Calder. Councilmember Beaulieu moved to ADOPTORDINANCE 05-018 ENTITLEDAN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PHARMACY IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT LOCATEDAT 3805 CALDER IN THE CITYOF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 2. Consider approving an ordinance amending portions of Section 14-1,Section 14-52 (1), (2), (3), (4), (6)and (7), Section 14-54 and Section 14-55; and repealing Section 14-50(b) and (c) of the Code of Ordinances, all relating to Dangerous Structures - Ordinance 05-019 Administration recommended City Council approve an ordinance amending portions of Section 14-1,Section 14-52(1),(2),(3), (4),(6)and(7),Section 14-54 and Section 14-55;and repealing Section 14-50(b)and(c)of the Code of Ordinances,all relating to Dangerous Structures. Page 4 of 11 Minutes-February 8,2005 On February 1,2005,during the City Council Work Session,a presentation concerning Dangerous Structures was provided to City Council.A brief overview of the proposed changes to the Dangerous Structures Ordinance and procedures, based on the comments received from City Council, is provided below: • The International Property Maintenance Code will be adopted and will replace references to the building and housing codes. • Building Official or designated enforcing officerwill replace references to chief code enforcement officer Director of Clean Community • Provisions related to structures suitable for rehabilitation will be removed from the ordinance. • The words "remove, removal or removed" as a means of complying with the Dangerous Structure ordinance will be stricken from the ordinance.This will not prevent the owner from relocating the structure outside of the city limits. • The term "special tax" will be replaced with "lien against." • The time frame for rehabilitation of a structure will be increased to one hundred and fifty (150) days. During this time period, substantial work must be completed within ninety (90) days and a Certificate of Occupancy received within the following sixty (60) days. • Building permits will expire on the last day of the work program. Councilmember Smith made a motion to ADOPT ORDINANCE 05-019 ENTITLED AN ORDINANCE AMENDING CHAPTER 14, REPEALING SECTION 14-50 (b) AND (c); AND AMENDING SECTION 14-52 (1), (2), (3), (4), (6)AND (7), SECTION 14-54 AND 14-55 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT PERTAINING TO DANGEROUS STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 3. Consider approving a resolution authorizing the City Mangerto execute a contract for the Aerated Lagoon Improvements Project at the Wastewater Treatment Plant - Resolution 05-037 Administration recommended approval of a resolution authorizing the City Manager to execute a contractwith the second low bidder,Brystar Contracting, Inc.,Beaumont, Texas, in the amount of$3,071,100 for the Aerated Lagoon Improvements Project. Based on these responses,the Consultant is recommending the contract be awarded to the second low bidder. The Wastewater Treatment Plant operates two 20-acre aeration lagoons that were built in 1971. The existing lagoons have up to seven feet of accumulated sediment Page 5 of 11 Minutes-February 8,2005 reducing the operating volume of the lagoons, decreasing the settling and aeration time, and reducing the total suspended solids removal. The design engineer recommended the addition of a third aeration lagoon because it will increase the plants holding capacity by 50 percent,will reduce the sanitary seweroverflows in the system during heavy rainfalls, and will provide the operational flexibility required to meet permit limits and the time needed to efficiently clean the sludge from the existing aeration lagoons by City forces. Funds for the project are available in the Water Utilities Capital Program. Council member Smith made a motion to APPROVE RESOLUTION 05-037 THAT THE CITY MANGER IS AUTHORIZED TO EXECUTE A CONTRACT IN THE AMOUNT OF$3,071,100 WITH BRYSTAR CONTRACTING INC., BEAUMONT, TEXAS FOR THE AERATED LAGOON IMPROVEMENTS PROJECT. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 4. Consider approving a contractwith the Beaumont Community Housing Development Organization BCHDO) - Resolution 05-038 Administration recommended City Council authorize the City Manager to execute a contractwith the Beaumont Community Housing Development Organization(BCHDO) in the amount of$258,750 forthe purchase of three pre-existing scattered-site homes that will be retained as lease property for no more than thirty-six months and sold to eligible low/moderate income families. Funding is available from the 2004 HOME Program. Mayor Pro Tern Ames made a motion to APPROVE RESOLUTION 05-038 THAT THE CITY MANAGER IS AUTHORIZED TO EXECUTE A CONTRACT IN THE AMOUNT OF$258,750 WITH THE BEAUMONT COMMUNITY HOUSING DEVELOPMENT ORGANIZATION(BCHDO)FORTHE PURCHASE OF THREE PRE-EXISTING SCATTERED-SITE HOMES THAT WILL BE RETAINED AS LEASE PROPERTY FOR NO MORE THAN THIRTY-SIX(36) MONTHS AND SOLD TO ELIGIBLE LOW/MODERATE INCOME FAMILIES. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED Page 6 of 11 Minutes-February 8,2005 5. Consider approving a contract fortemporary personnel services for City Departments - Resolution 05-039 Administration recommended the award of an annual contract for providing temporary employees to Labor Ready Central, LP and Cooper Group Staffing, LTD. Ten (10) companies submitted bids for an annual contract to provide temporary employees to fill business office positions as well as to provide skilled and unskilled laborers. Temporary employees are necessary for various job positions throughout the City when vacancies occur due to events such as medical leave,vacations, or short term projects. Specifications for the contract require temporary staffing agencies to provide pre- screened and qualified individuals on an on-call and as-needed basis. Temporary employees must pass a drug screen and a criminal background search priorto being assigned to the City. Specifications allow the City to award the contract to more than one (1) vendor if deemed advantageous to the City. The lowest qualified bid for skilled and unskilled laborers was submitted by Labor Ready Central of Beaumont. References reported that Labor Ready has consistently provided pre-screened qualified individuals to fill frequent temporary positions during the past several years. Administration recommends awarding a contract to this agency for providing the temporary laborers needed by the City. The apparent low bidderforthe business office positions was Solutions Tech Staffing of Houston. This staffing agency does not operate a local office and indicated they would set-up temporary testing and interviewing sites only as needed to fill positions for the City as they arose. Because the City operates in a short notice environment and experiences frequent temporary openings and because Solution Tech Staffing failed to provide evidence that they could sufficiently support these temporary staffing needs, Administration does not recommend awarding a contract to this agency. The second low bid for the business office positions was Cooper Group Staffing of Beaumont. This agency has held the contract with the City for the past year and has consistently provided prescreened qualified individuals to fill frequent temporary office positions. Administration recommends awarding the contract to this agency for the business office positions. Funds are available in each Department/Division's budget for temporary personnel. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 05-039 THAT THE BIDS SUBMITTED BY LABOR READY CENTRAL, LP AND COOPER GROUP STAFFING, LTD IN THE AMOUNTS ON BID BE ACCEPTED BY THE CITY OF BEAUMONT. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL Page 7 of 11 Minutes-February 8,2005 NAYS: NONE MOTION PASSED 6. Consider approving a contract to provide the web-based Affordable Housing Delivery System applications for managing the city's HOME and Housing Rehabilitation Programs - Resolution 05-040 Administration recommended City Council authorize the City Manager to execute a three-year contract in the amount of$43,500 with Success Results Consulting, Inc.,of Germantown, MD. U. S. Department of Housing and Urban Development (HUD) regulations require ongoing compliance and monitoring of the HOME and Housing Rehabilitation Programs. The city currently has no computer technology in place to assist staff with meeting these federally imposed requirements. Such compliance and monitoring requires tracking the long-term affordability of each home,whether new construction, rehabilitation, rental unit,oracquisition. As such compliance is a condition of funding, the Affordable Housing Delivery System(ANDS)applications are vital to the long-term success of the city's affordable housing programs. Housing and Information Services staff,as well as a HUD technical assistance provider, participated in a demonstration of AHDS applications and determined them to be a valuable tool in maintaining compliance. Success-Results Consulting, Inc., is a sole source provider of this type of compliance product. The Affordable Housing Delivery System (ANDS) applications are available at an annual cost of$12,000 per year beginning the third year. The cost forthe first year is $22,500, which includes a one-time set-up fee of$15,000, a$1,500 on-site training fee, and provides for a discounted cost of$6,000 for the applications. Funding is available from 2003 HOME Administration Funds forthe first year and will be funded from available HOME Administration funds thereafter. Councilmember Cokinos made a motion to APPROVE RESOLUTION 05-040 AUTHORIZING THE CITY MANAGER TO EXECUTE ATHREE-YEAR CONTRACT IN THE AMOUNT OF$43,500 WITH SUCCESS RESULTS CONSULTING, INC., OF GERMANTOWN, MARYLAND, TO PROVIDE THE WEB-BASED AFFORDABLE HOUSING DELIVERY SYSTEM APPLICATIONS FOR MANAGING THE CITY'S HOME AND HOUSING REHABILITATION PROGRAMS. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED Page 8 of 11 Minutes-February 8,2005 7. Consider approving the purchase of lightbars for the Police Department's patrol vehicles - Resolution 05-041 Administration recommended the purchase of twenty-one (21) Code 3 LED X2100 Police vehicle lightbars from GT Distributors of Austin, Texas for$1,672.28 each. City Council has previously approved the purchase of twenty(20)Ford Crown Victorias to be used as patrol vehicles and one (1)Chevy Tahoe to be used as a canine unit. These vehicles will require the installation of emergency lights prior to being placed into service. Funds are available for this expenditure in the Police Department's Local Law Enforcement Block Grant Fund. Councilmember Cokinos made a motion to APPROVE RESOLUTION 05-041 THAT THE BID TO PURCHASE TWENTY-ONE (21) CODE 3 LED X2100 POLICE VEHICLE LIGHTBARS FROM GT DISTRIBUTORS OF AUSTIN, TEXAS IN THE AMOUNT OF $1,672.28 EACH FOR A TOTAL EXPENDITURE OF$35,117.88 BE ACCEPTED BY THE CITY OF BEAUMONT. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE COUNCILMEMBER BEAULIEU - THANKED THE CITY STAFF FOR TAKING TIME TO COME TO A NEIGHBORHOOD ASSOCIATION MEETING AND ANSWERING QUESTIONS ABOUT THEIR CONCERNS COUNCILMEMBER COKINOS - NONE MAYOR PRO TEM AMES - NONE COUNCILMEMBER SAMUEL- NONE COUNCILMEMBER PATTERSON- CONGRATULATED THE OZEN HIGH SCHOOL STUDENTS FOR THE OUTSTANDING JOB THEY DID IN PROGRESSING IN THE YOUTH AND GOVERNMENT DISTRICT CONFERENCE SPONSORED BY THE BEAUMONT YMCA AND ESPECIALLY THE THREE STUDENTS WHO HAVE PROGRESSED TO NATIONALS FOR COMPETITION Page 9 of 11 Minutes-February 8,2005 CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - ANNOUNCED THAT THERE WILL BE NO COUNCIL MEETING NEXT TUESDAY, FEBRUARY 15, 2005 MAYOR LORD - CONCURRED WITH COUNCILMEMBER PATTERSON ABOUT EXPOSING OUR YOUNG PEOPLE TO OCCASIONS AND OPPORTUNITIES TO FURTHER ENHANCE THEIR EDUCATION; ALSO A SPECIAL THANK YOU TO KIRBY RICHARD AND HIS STAFF FOR THEIR COOPERATION IN THE LEAFLET FOR THE BEAUMONT COMMEMORATIVE GARDEN AT RIVERFRONT PARK; PUBLIC DEDICATION WILL BE MARCH 8 Public Comments (Persons are limited to three minutes) LeRoy Lewis 111 7866 Gladys Beaumont TX Ideas for City Council: Congratulated Councilmember Patterson for being the first black woman on City Council;wants the neighborhoods restored in Wards III & IV; more diverse variety of concerts should be held;citizens should be able to name a park to honor their ethnic group Clarence Provost 2170 Washington Blvd. Beaumont TX Spoke about the police department and community awareness Allen Lee 5095 Maddox Street Beaumont TX Commented on his opinions of the "bi-polar conduct" and "secret agenda" of Council for downtown development Kerry J. Avie 1280 Saxe Street Beaumont TX Prayer for the City Robert Preston 1190 Iowa Street Beaumont TX Commented on last week's meeting and decorum of city council meetings Roberto C. Flores Sr. 2425 Buchanan Beaumont TX Concerned that additional criteria was being imposed upon the requestto change the name of Fletcher Mini Park and the inadequate use of the Spanish speaking publications and radio stations for reaching the Hispanic community in their own language Page 10 of 11 Minutes-February 8,2005 At this time City Manager Kyle Hayes made an announcement that the City has no present plans regarding the sell of the Civic Center or City Hall. It is our goal to re- pave all streets and sidewalks between Calder and Main, College and Neches within the next five years. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Penni Simonson, et al v City of Beaumont Linda Young v. City of Beaumont Executive Session was not held; therefore, Council adjourned at 2:15 p.m. Audio tapes are available upon request in the City Clerk's Office. Evelyn M. rd, Mayor Rose Anh Jones, TRIM City Clerk NTY Ar 0 M -0 r Page 11 of 11 Minutes-February 8,2005