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MIN APR 17 2007 M I N U T E S - CITY OF BEAUMONT Andrew P. Cokinos,At-Large GUY N. GOODSON, MAYOR Becky Ames,At-Large Lulu L. Smith,Ward I CITY COUNCIL MEETING Nancy Beaulieu, Mayor Pro Tem,Ward II Audwin Samuel,Ward III April 17,2007 Bobbie J. Patterson,Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, Interim City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on April 17, 2007, 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 Goodson called the council meeting to order at 1:30 p.m. Rev. James Blackwell of South Park Baptist Church gave the invocation. Councilmember Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, Interim City Clerk. Present at the meeting were Mayor Goodson, Mayor Pro Tern Beaulieu, Councilmembers Ames, Samuel and Patterson. Absent: Councilmembers Cokinos and Smith. (Councilmember Smith arrived at 1:35 p.m.). Also presentwere Kyle Hayes,City Manager;Tyrone Cooper,City Attorney, Tina Broussard, Interim City Clerk. Proclamations, Presentations, Recognitions "National & Global Youth Service Days" - April 20 - 22, 2007, Proclamation read by Councilmember Samuel; accepted by Bob Pollard, "Ben's Kids" IEA; Bubba Martin, Jefferson County Probation "Fifty-Ninth Neches River Festival Week - April 17 - 29, 2007, Proclamation read by Mayor Goodson; accepted by Brad Brock, President, Neches River Festival Mayor Goodson read the announcement regarding 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 1-4/Consent Agenda. None CONSENT AGENDA * Approval of minutes - April 10, 2007 Minutes-April 17,2007 Confirmation of committee appointments - Resolution 07-106 Isaac Cheatham would be appointed to the Convention and Tourism Advisory Board. The term would commence April 17, 2007 and expire April 16, 2009. A) Approve the purchase of a truck cab and chassis for the Parks Division - Resolution 07- 107 B) Authorize the acceptance of a fifteen (15) foot wide water line easement for fire hydrants across from Dowlen Green Condominiums, Unit One property to serve a portion of The Sanctuary Subdivision on Bell Pointe Drive - Resolution 07-108 C) Authorize the City Manger to apply for and receive funding through the Target Law Enforcement Grant Program - Resolution 07-109 Councilmember Samuel made a motion to approve the Consent Agenda. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider amending Chapter 19 of the Code of Ordinances related to oil and gas wells - Ordinance 07-049 Administration recommended approval of the amendments proposed for Chapter 19 of the Code of Ordinances. At a worksession on January 16, staff discussed the process to be used to update the Code of Ordinances. In accordance with the process that was put in place, the proposed changes to Chapter 19, related to oil and gas wells, were provided to the City Council for review. Following the plan, Chapter 19 is being brought forward for consideration and approval. The language related to seismographic testing permits in Section 19-2 was previously located in Chapter 18. The notification requirements added to Section 19-5 codify the city's existing procedures. Additional chapters will be brought forward in subsequent weeks until the full review is complete. The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating Budget. Page 2 of 7 Minutes-April 17,2007 Mayor Pro Tern Beaulieu moved to ADOPT ORDINANCE 07-049 ENTITLED AN ORDINANCE AMENDING CHAPTER 19,SECTIONS 19-1,19-2,19-3,SUBSECTION 19-4(A),SECTIONS 19-5,19-6, 19-7, 19-8, 19-9, 19-10, 19-13, 19-14, 19-15, 19-17, 19-18, 19-19, 19-21,SUBSECTIONS 19- 26(B)AND 19-29(B),SECTIONS 19-35,19-36,19-37,19-43,1944,SUBSECTIONS 19-45(3)AND (4), AND SECTION 19-46, AND REPEALING CHAPTER 19, SECTION 19-41, OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 2. Consider approving a request for a historic preservation loan for repairs to a house at 1822 Broadway - Resolution 07-110 Administration recommended approval of the request for a historic preservation loan for repairs to a house at 1822 Broadway. George and Sandra Bullington are requesting historic preservation loan monies in the amount of$15,000. Work to be done on the house includes general repairs to the exterior of the house and painting. The terms of the loan will be $250 per month for 60 months. The Historic Preservation Loan program is funded with CDBG money. Currently, there is $80,947.93 in the Preservation Loan Account. At a Regular Meeting held April 9, 2007, the Historic Landmark Commission voted 8:0 to approve the historic preservation loan for repairs to a house at 1822 Broadway. Councilmember Smith made a motion to APPROVE RESOLUTION 07-110 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE AN HISTORIC PRESERVATION LOAN FROM THE HISTORIC PRESERVATION LOAN FUND IN THE AMOUNT OF $15,000 TO GEORGE AND SANDRA BULLINGTON FOR REPAIRS AND PAINTING OF THE EXTERIOR OF THE HOUSE AT 1822 BROADWAY, OAKS HISTORIC DISTRICT, BEAUMONT,TEXAS. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider approving a contract for the purchase of cement liner materials for manhole rehabilitation for use by the Water Utilities Department - Resolution 07-111 Page 3 of',' Minutes-April 17,2007 Administration recommended award of a six (6) month contract to Standard Cement Materials of Houston for the purchase of cement liner materials for manhole rehabilitation for use by the Water Utilities Department for the unit price of $23.50 per bag. The estimated total cost over the term of the contract is $126,900. The City sanitary sewer system utilizes thousands of brick and mortar manholes. Over time, mortar deteriorates and gives way, creating voids which can allow the infiltration of storm water into the sanitary sewer system. This infiltration creates the potential for sanitary sewer overflows, which are public health risks, and are subject to fines by the Texas Commission on Environmental Quality (TCEQ). The Water Utilities Department has developed a Sanitary Sewer Overflow Initiative(SSOI) with the TCEQ which removes the threat of fines for overflows during a five(5)year period, providing the Department adheres to the action plan. A component of this plan is the rehabilitation of damaged manholes by spray applying a cement liner material to the interior of the manhole, and thereby filling the voids caused by deteriorated mortar. Administration recommends the contract be awarded to Standard Cement Materials of Houston. Their bid of$23.50 per bag for the Reliner MSP Cement is the lowest qualified bid and meets all required specifications. Funds are available for this estimated expense of$126,900 in the Water Utilities Fund. Councilmember Smith made a motion to APPROVE RESOLUTION 07-111 THAT THE BID SUBMITTED BY STANDARD CEMENT MATERIALS, HOUSTON,TEXAS, FOR A SIX-MONTH CONTRACT TO PURCHASE CEMENT LINER MATERIALS FOR MANHOLE REHABILITATION FOR USE BYTHE WATER UTILITIES DEPARTMENT IN THE UNIT AMOUNT OF $23.50 PER BAG FOR AN ESTIMATED COST OF $126,900 BE ACCEPTED BY THE CITY OF BEAUMONT. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider authorizing an application for, and acceptance of new funding for the Southeast Texas Auto Theft Task Force - Resolution 07-112 Administration recommended approval of an application for, and acceptance of, new funding for the Southeast Texas Auto Theft Task Force. As a result of Title 43, Part III, Chapter 57 of the Texas Administrative Code, local government agencies may apply for one year funding for a State Grant through the Texas Automobile Theft Prevention Authority. The City of Beaumont has been the grantee of the Southeast Texas Auto Theft Task Force since 1993. Page 4 of'7 Minutes-April 17,2007 The Southeast Texas Auto Theft Task Force is a multi-jurisdiction agency comprised of seven personnel from the Beaumont Police Department, and one each from Jefferson County Sheriff's Office, Pt. Arthur Police Department and the Hardin County Sheriff's Office. Since the inception of the Task Force, motor vehicle thefts have decreased in Beaumont by 68% from 1721 in 1992 to 550 in 2006. The application for FY2008 is in the amount of $934,594. State funds in the amount of $520,432 are being requested from the Automobile Theft Prevention Authority. Councilmember Samuel made a motion to APPROVE RESOLUTION 07-112 THAT THE CITY COUNCIL HEREBY AUTHORIZES THE CITY MANAGER TO APPLY FOR FUNDING FOR FY 2008 OPERATIONS OF THE SOUTHEAST TEXAS AUTO THEFT TASK FORCE AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE NECESSARY DOCUMENTS FOR ACCEPTANCE OF THE FUNDING AND TO RECEIVE AND DISBURSE FUNDS RELATED TO THE OPERATION OF THE SOUTHEAST TEXAS AUTO THEFT TASK FORCE. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED WORKSESSION * Review and discuss proposed budget allocations for the Public Services, which includes the Emergency Shelter Set-Aside, and the Public Facilities and Improvement line items of the 2007 Consolidated Block Grant Program Open - 1:50 p.m. Johnny Beatty, Grants Coordinator discussed the proposed budget allocations, as well as the recommendations made by the CDAC for each organization. Closed - 2:00 p.m. 5. Consider approving a resolution adopting the 2007 Consolidated Block Grant Program - Resolution 07-113 Administration recommended adoption of the proposed 2007 HUD Consolidated Grant Program and the Public Service line items as recommended by the CDAC. Mayor Pro Tern Beaulieu made a motion to APPROVE RESOLUTION 07-113 THAT THE CITY COUNCIL HEREBY APPROVES THE PRELIMINARY 2007 HUD CONSOLIDATED GRANT PROGRAM BUDGET. Councilmember Samuel seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE Minutes-April 17,2007 MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER PATTERSON- ASKED THAT STAFF CHECK A HOLE IN THE STREET BETWEEN VIRGINIAAND PARK STREET;THANKED JOHNNY BEATTYAND STAFF AS WELL AS THE CDAC COMMITTEE FOR ALL OF THEIR HARD WORK COUNCILMEMBER SAMUEL- EXTENDED SYMPATHY TO THOSE AT VIRGINIA TECH. UNIVERSITY;ON BEHALF OF BENS KIDS,IEAAND NATIONAL YOUTH SERVICE VOLUNTEERS ARE NEEDED TO ASSIST IN COMMUNITY WORK;THANKED.JOHNNY BEATTY AND STAFF, AND THE CDAC COMMITTEE FOR A DOING A GREAT JOB ON THE GRANT ALLOCATIONS COUNCILMEMBER AMES - NONE MAYOR PRO TEM BEAULIEU - NONE COUNCILMEMBER SMITH - NONE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR GOODSON - ECHOED COUNCILMEMBER SAMUELS REMARKS TO KEEP THE FAMILIES AT VIRGINIA TECH.IN PRAYER;ATTENDED THE DEDICATION OF THE GOLDEN TRIANGLE MILITARY ORDER OF THE PURPLE HEART CHAPTER 1991 FOR THE NAME CHANGE FROM THE NECHES RIVER BRIDGE TO THE PURPLE HEART MEMORIAL BRIDGE Public Comments (Persons are limited to three minutes) None Open session of meeting recessed at 2:07 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Elma Ardoin v City of Beaumont, et al There being no action taken in Executive Session, Council adjourned. Minutes-April 17,2007 Audio tapes ar vaila upon request in the City Clerk's Office. Guy N. Goodson, Mayor or MCM'\��1 .� 1 Tina Broussard, Interim City Clerk If 1 I 0, '�i AV s� Minutes-April 17,2007