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MIN MAY 08 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 May 8,2007 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 May 8, 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, 2 and 4/Consent Agenda Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Judy Kelfstrom with the Salvation Army gave the invocation. Mayor Goodson 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 Smith, Ames, Samuel and Patterson. Absent: Councilmember Cokinos. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney, Tina Broussard, Interim City Clerk. Proclamations, Presentations, Recognitions "Salvation Army Week" - May 14 - 20, 2004 - Proclamation read by Councilmember Samuel; accepted by Judy Kelfstrom, Salvation Army "National Tourism Week" - May 12 - 20, 2007 Proclamation read by Mayor Pro Tern Beaulieu; accepted by Dean Conwell, Executive Director of the Convention and Visitors Bureau, City of Beaumont Public Comment: Persons may speak on scheduled agenda items 1,2 and 4/Consent Agenda. None CONSENT AGENDA Approval of minutes - May 1, 2007 Confirmation of committee appointments - None Minutes-May 8,2007 A) Approve a resolution adopting the Office of Rural Community Affairs Excessive Force Policy for the Calder Street Project - Resolution 07-130 Councilmember Ames made a motion to approve the Consent Agenda. Mayor Pro Tern Beaulieu 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 20 of the Code of Ordinances related to parks, recreation and civic center facilities - Ordinance 07-055 Administration recommended approval of the amendments proposed for Chapter 20 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 20, related to parks, recreation, and civic center facilities, were provided to the City Council for review. In addition to the changes previously presented, staff has reviewed the civic center and theater facilities rates charged by other cities and incorporated that information into the proposed amendments. Following the plan, Chapter 20 is being brought forward for consideration and approval. 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. Mayor Pro Tern Beaulieu moved to ADOPT ORDINANCE 07-055 WITH AN AMENDMENT,ENTITLED AN ORDINANCE AMENDING CHAPTER 20,ARTICLE I,SUBSECTIONS 20-2(A),20-4(A)AND(D),20- 10(G), (H)(2) AND (3), AND (J), SECTION 20-12, AND ARTICLE II, SECTION 20-20, AMENDING SUBSECTIONS 20-21(A) THROUGH (D), (F), (I)AND (J), REPEALING SUBSECTIONS 20-21(E), (G) AND(H),ADDING A NEW SUBSECTION 20-21(E),AND RENUMBERING SUBSECTIONS 20-21(1)AND (J)TO BECOME SUBSECTIONS 20-21(G)AND(H),AMENDING SECTIONS 20-28,20-30 AND 20-31, AND REPEALING ARTICLE I, SECTION 20-13, AND ARTICLE II, SECTION 20-33, OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. Page 2 of 7 Minutes-May 8,2007 AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 2. Consider authorizing the City Manager to execute a Lease and Management Agreement with the Jefferson Theatre Limited Partnership - Resolution 07-131 Administration recommended authorizing the City Manager to execute the renewal of a Lease and Management Agreement for a one (1) year term beginning May 18, 2007 and expiring May 18, 2008. The Jefferson Theatre is owned by the Jefferson Theatre Limited Partnership, a non-profit corporation of Jefferson County, who acts as the Landlord for the building. The 1927 Theatre was fully restored in 2003 with the cost of renovation totaling approximately $6 million, $2 million of which came from Section 108 funds. Those funds are being repaid by the City of Beaumont over a 20-year period using Community Development Block Grant funds. Due to tax credits used as a part of the renovation effort, the ownership of the Theatre cannot change for a period of 66 months, commencing from the time the renovation was completed in November 2003. Therefore, the ownership of the Theatre would remain as is until June 2009. The Jefferson Theatre Preservation Society was the tenant who operated the Theatre. In April 2006, citing their inability to continue to underwrite the operations of the Theatre any longer, the Board of Directors for the Jefferson Theatre Preservation Society requested that the City of Beaumont consider taking over the operation and management duties of the Theatre. On May 16, 2006 City Council gave its approval for the execution of a Lease and Management Agreement between the Jefferson Theatre Limited Partnership and the City of Beaumont. A lease was executed May 18, 2006 for the term beginning May 18, 2006 and expiring May 17, 2007. The lease renewal would commence on May 18, 2007 and expire on May 18, 2008. Funds for maintenance and operation of the facility are available in the Event Facilities and Libraries Division budget. Councilmember Ames made a motion to APPROVE RESOLUTION 07-131 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A LEASE AND MANAGEMENT AGREEMENT WITH THE JEFFERSON THEATRE LIMITED PARTNERSHIP. Councilmember Samuel seconded the motion. AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE Page 3 of 7 Minutes-May 8,2007 MOTION PASSED 3. PUBLIC HEARING: Receive comments on a proposal to reallocate $164,000 from the Consolidated Block Grant Program, Small Business Revolving Loan Fund for participation in the rehabilitation of the Sunlight Manor Apartments located at Washington and 8th Street Open - 1:45p.m. No public comments made Closed - 1:46p.m. Consider authorizing the City Manager to execute a conditional commitment with ITEX Property Management, LLC related to the rehabilitation of the Sunlight Manor Apartments located at Washington and 8th Street - Resolution 07-132 Administration recommended reallocating funds in the amount of $164,000 from the Consolidated Block Grant Program, Small Business Revolving Loan Fund line item, and authorizing the City Manager to execute a conditional commitment with ITEX Property Management, LLC. ITEX Property Management, LLC submitted an application to the Texas Department of Housing and Community Affairs for Low Income Housing Tax Credits("Tax Credits")which included letters of support from the City of Beaumont. The rehabilitation of the Sunlight Manor Apartments, located at Washington and 8th Street, will provide decent, safe and sanitary housing to Beaumont's low-income families residing at the Apartments. Sunlight Manor, a 120-unit apartment complex and one of the City's oldest low-income housing developments, is located in an area identified as a Low-Moderate Income Area targeted for revitalization.Through this proposed rehabilitation,residents of Sunlight Manor will be afforded access to housing that will not only be affordable, but will impact the community as a whole in its revitalization efforts. The total cost of the proposed rehabilitation is $8,161,700. The requested conditional commitment represents just above 2% of the total development. An actual commitment of funds is contingent upon the development receiving an allocation of tax credits and satisfactory Phase 1 Environmental Review and clearance from all other related environmental authorities. Funds are available from the Consolidated Block Grant Program, Small Business Revolving Loan Fund line item in the 2004 and 2006 budget years. This will leave an approximate balance of$225,000 available for CDBG Small Business Loans. Councilmember Patterson made a motion to APPROVE RESOLUTION 07-132 THAT THE CITY MANAGER IS AUTHORIZED TO EXECUTE A CONDITIONAL FUNDING COMMITMENT WITH ITEX PROPERTY MANAGEMENT,LLC.FOR THE REHABILITATION OF THE SUNLIGHT MANOR APARTMENTS AT WASHINGTON AND 8T" STREET IN BEAUMONT. Mayor Pro Tern Beaulieu seconded the motion. Page 4 of 7 Minutes-May 8,2007 AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 4. WORKSESSION: Review revisions to Housing Program Guidelines for Disaster Recovery Programs as required by the Texas Department of Housing and Community Affairs and the Southeast Texas Regional Planning Commission Chris Boone, Development Services Manager discussed the revised Housing Program Guidelines for the Disaster Program, which included the Current Priority Categories, the proposed priority categories, the medically fragile, the elderly age 60 or over, and the disabled. Consider adopting revised Housing Program Guidelines for Disaster Recovery Programs- Resolution 07-133 Administration recommended City Council adopt revised Housing Program Guidelines that will serve as an administrative tool for the federal disaster recovery programs administered by the City. On October 31, 2006, City Council adopted guidelines for the Texas Department of Housing and Community Affairs ("TDHCA") Disaster Program. After being presented with new program directives from TDHCA and the Southeast Texas Regional Planning Commission("Planning Commission"), revised guidelines were adopted by City Council on December 12, 2006. Since that time, the Planning Commission submitted proposed revisions to the applicant priority categories to TDHCA for review and approval. TDHCA has approved the Planning Commission's revisions to the priority categories and the Administration requests City Council to consider adopting the revisions to the priority categories. Councilmember Ames made a motion to APPROVE RESOLUTION 07-133 THAT THE CITY COUNCIL HEREBY APPROVES THE REVISED HOUSING PROGRAM GUIDELINES FOR DISASTER RECOVERY PROGRAMS. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED WORKSESSION Review and discuss enforcement issues related to the Code Enforcement Division Joyce Tanner, Health Special Services Coordinator discussed enforcement issues related to the Code Enforcement Division, Joyce discussed program goals, staffing, Municipal Court activity, Ward Boundaries and the inspector areas, the enforcement activities, Page 5 of 7 Minutes-May 8,2007 proactive enforcement, routine mowing activities and a breakdown by Wards, and implemented program changes Council followed with a discussion of questions and comments. COUNCILMEMBER COMMENTS COUNCILMEMBER PATTERSON - REMINDED EVERYONE THAT TODAY IS THE LAST DAY TO EARLY VOTE, AND TO EXERCISE YOUR RIGHT TO VOTE ON ELECTION DAY SATURDAY MAY 12, 2007 COUNCILMEMBER SAMUEL- INVITED EVERYONE TO COME OUT ON SATURDAY MAY 19, 2007, THE ST LUKE BAPTIST CHURCH BRICKYARD NEIGHBORHOOD ASSOCIATION, ALONG WITH THE CABLE STREET NEIGHBORHOOD ASSOCIATION, IN CONJUNCTION WITH THE CITY OF BEAUMONT, WILL BE SPONSORING A CLEANUP, STARTING AT 8:30 A.M. TO 11:00 A.M. IN THE NORTH END OF BEAUMONT, EXPRESSED CONDOLENCES TO ONE OF THE FALLEN VOLUNTEERS, MS. ROMA ROBERTS WHO WAS A MEMBER OF THE BRICKYARD NEIGHBORHOOD ASSOCIATION,ALSO THANKED CLAUDIE HAWKINS FOR THE TOUR OF THE JULIE ROGERS ON LAST WEEK,AND THANKED EVERYONE WHO HELPED WITH THE RESTORATION PROJECT COUNCILMEMBER AMES- ENJOYED THE TOUR OF THE JULIE ROGERS ON LAST WEEK, BEAUTIFUL JOB ON THE RESTORATION MAYOR PROTEM BEAULIEU- COMMENDED BRENDA BEADLEAND TOM WARNER WHO PUT A LOT OF TIME AND ENERGY IN THE RESTORATION OF THE JULIE ROGERS RESTORATION PROJECT, AS WELL AS CLAUDIE HAWKINS, TOOK A MOMENT TO LET THE MAYOR AND DR. SMITH BOTH KNOW THAT SHE HAS ENJOYED WORKING WITH BOTH OF THEM AND WILL MISS THEM DEARLY COUNCILMEMBER SMITH - DISCUSSED SOME OF THE PAST PROJECTS THAT SHE HAD A PART IN, AND MAKING THE DOWNTOWN AREA WHAT IT IS TODAY, ENJOYED WORKING WITH ALL COUNCILMEMBERS AND STAFF OVER THE LAST TWENTY YEARS AND HOPED THAT THEY WILL CONTINUE ON THE RIGHT PATH CITY MANAGER HAYES - THE MAGNOLIA GARDEN CLUB IS A MEMBER OF THE GARDEN CLUB OF AMERICA, WHO RECOGNIZED THE CITY OF BEAUMONT, AND THE SIGNIFICANT CONTRIBUTIONS TO HISTORIC PRESERVATION BY THE TYRRELL HISTORICAL LIBRARY, AN EDUCATIONAL AND HISTORICAL STRUCTURE WHICH MAINTAINS THE HISTORY OF SOUTH EAST TEXAS, AND THE ARCHIVES OF THE CITY OF BEAUMONT. THANKED MAYOR AND DR. SMITH FOR THEIR YEARS OF SERVICE TO THE CITY OF BEAUMONT Page 6 of 7 Minutes-May 8,2007 MAYOR GOODSON - THANKED THE STAFF AND COMMITTEES THAT WORKED ON THE RESTORATION OF THE JULIE ROGERS, THANKED BAPTIST HOSPITAL FOR BECOMING A NURSE FRIENDLY HOSPITAL, DISABLED JOB FAIR BEING HOSTED AT THE BEAUMONT CIVIC CENTER CITY ATTORNEY COOPER- NONE Public Comments (Persons are limited to three minutes) Frank Kiefer 3190 Willowood Beaumont TX Consider increasing the homestead exemption for people 65 years of age or older, and those that are on existing disability income Denny Allain 1321 Louisiana Ave Beaumont TX Complaint regarding sewer back up in several units of his apartment complex Leroy Lewis III 8550 Baker Rd. Beaumont TX More jobs in the City of Beaumont, senior citizens should not have to pay taxes at all, better customer service at places of business Toni Prados 1090 Avenue H Beaumont TX Spoke regarding hand painted signage on Sarah street near the school, also requested more information on a company that is helping her sister with repairs to her home from hurricane Rita There being no Executive Session, Council adjourned at 2:48 p.m. Audio rec r ngs liable upon request in the City Clerk's Office. Guy N. Goodson, Mayor M i �F-p`UONI V 1��1 OL Tina Broussard, Interim City Clerk v / W AWs s Page 7 of 7 Minutes-May 8,2007