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Home My WebLink AboutMIN FEB 19 2008 M I N U T E S - CITY OF BEAUMONT W.L. Pate, Jr., At-Large BECKY AMES, MAYOR Gethrel Williams-Wright,At-Large Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Ward II Audwin Samuel, Mayor Pro Tem,Ward III February 19, 2008 Jamie Smith, 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 on February 19,2008, 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 1-3/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Christopher Moody of First Baptist Church gave the invocation. Erika Johnson (Great Niece of Councilmember Gethrel Williams-Wright) 41h Grade Honor Student at Pietzsch/MacArthur Elementary School led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Councilmembers Coleman, Beaulieu, Wright, Pate and Smith. Absent: Mayor Pro Tern Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "Engineers Week" - February 18-22, 2008- Proclamation read by Councilmember Pate; Accepted by Patrick Donart, Engineerwith the City of Beaumont Water Utilities Department and a member of the Texas Society of Professional Engineers Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda. None CONSENT AGENDA Approval of minutes - February 12, 2008 Confirmation of committee appointments -Resolution 08 - 040 Minutes-February 19,2008 Maggie Perkins would be appointed to the Historic Landmark Commission. The term would commence February 19, 2008 and expire February 18, 2010. (Mayor Pro Tern Audwin M. Samuel) Sharon Hendrix would be appointed to the Parks and Recreation Advisory Committee. The term would commence February 19, 2008 and expire February 18, 2010. (Mayor Pro Tern Audwin M. Samuel) Bettye Smith would fill the unexpired term of Lee Smith on the Martin Luther King, Jr. Parkway Commission. The term would commence February 19, 2008 and expire September 10, 2009. (Councilmember Jamie D. Smith) Raymond Noack(Plumbing)would be reappointed to the Construction Board of Appeals(Building). The current term would expire January 24, 2010. (Mayor Becky Ames) Arthur Louis would be reappointed to the Marin Luther King, Jr. Parkway Commission. The current term would expire February 13, 2010. (Mayor Pro Tern Audwin M. Samuel) Walter Kyles would be reappointed to the Planning Commission. The current term would expire June 3, 2009. (Councilmember Jamie D. Smith) Donna Ferchak would be reappointed to the Community Development Advisory Committee. The current term would expire October 17, 2009. (Councilmember Nancy Beaulieu) Dennis Spooner would be reappointed to the Martin Luther King, Jr. Parkway Commission. The current term would expire February 13, 2010. (Councilmember Nancy Beaulieu) Carolyn Howard would be reappointed to the Convention and Tourism Advisory Board. The current term would expire January 7, 2010. (Councilmember Alan B. Coleman) A) Approve Change Order No. 1 for the security access system at the 911 Operations Center Resolution 08 - 041 B) Authorize the Mayor to execute the Texas Department of Transportation's Plan Title Sheets for proposed improvements to Kansas City Southern Railroad Crossings at Crockett,Olin and Trinity Streets - Resolution 08 - 042 C) Authorize the acceptance of a ten foot (10') wide exclusive water line easement for fire hydrants to serve Mike Aref's property(Mike Enterprises, Inc.)Located at 3035 College Street - Resolution 08 - 043 D) Authorize the acceptance of a ten (10)foot wide water line easement providing access for fire prevention services forthe new Meadows Nursing Home property at 2485 S. Major Drive(FM 364) - Resolution 08 - 044 E) Authorize the settlement of the claim of Ida Hill - Resolution 08 - 045 F) Authorize the settlement of the lawsuit of Johnny Raye Hadnot vs The City of Beaumont- Resolution 08 - 046 Page 2 of 7 Minutes-February 19,2008 G) Authorize the City Manager to execute an I nterlocalAgreement with the Texas Department of Public Safety - Resolution 08 - 047 H) Amend Ordinance 99-013 by replacing the existing exhibit "B" with a revised exhibit "B" referencing the proposed location for a new water well - Ordinance 08 - 016 Councilmember Beaulieu made a motion to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYORAMES,COUNCILMEMBERS COLEMAN,BEAULIEU,WRIGHT,PATE AND SMITH NAYS: NONE MOTION PASSED Mayor Ames read the announcement about the Executive Session to be held at the conclusion of the General Business portion of the meeting. GENERAL BUSINESS 1. Consider amending the FY 2008 Budget to appropriate fund balance for the 2008 Beaumont Beautification Plan. Administration recommended approval of appropriating $500,000 from the fund balance in the General Fund to fund the Beautification Plan. Improving the aesthetics of Beaumont is crucial in order to improve the City's image. As such, the Keep Beaumont Beautiful Commission has endorsed the 2008 Beaumont Beautification Plan. This Plan calls for plantings at ten (10) locations throughout the city. Also, the rail underpasses at 4th and 11th Streets will be cleaned of the dark mildew. On December 11, 2007, the Council conducted a worksession related to the Beautification Plan. By the end of Fiscal Year 2008, fund balance in the General Fund is projected to be approximately $25 million due to stronger than anticipated sales tax revenues. The recommended appropriation of$500,000 will leave a very healthy fund balance providing reserves for future unforeseen items and occurrences. Councilmember Coleman moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 07-090 ADOPTING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2008 TO APPROPRIATE $500,000 FROM THE GENERAL FUND BALANCE TO THE GENERAL FUND TO FUND THE BEAUMONT BEAUTIFICATION PLAN FOR FY 2008; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Smith seconded the motion. AYES: MAYORAMES,COUNCILMEMBERS COLEMAN,BEAULIEU,WRIGHT,PATE AND SMITH Page 3 of 7 Minutes-February 19,2008 NAYS: NONE MOTION PASSED Ordinance 08 - 017 2. Consider approving the purchase of precast concrete box culverts for the Hayes Gully Drainage Improvement Project. Administration recommended purchasing 348 feet of precast concrete box culvert from Hanson Pipe and Precast of Houston, Texas for a total price of $106,533.20. DD#6 has agreed to install box culverts provided by the City at seven (7)road crossings. The City will backfill and resurface the roadways after the culverts have been installed by DD#6. The road crossings include Buchanan, Filmore, Pierce, Lucas, Tyler, Taylor and Wilson Streets. Bids were solicited from nine (9) vendors for culverts at four (4) road crossings, including Lucas, Tyler,Taylor and Wilson Streets. The culverts for the remaining road crossings were purchased in August, 2007. Pricing was requested for precast concrete box culverts to be delivered to the job sites. Funds are available in the Capital Program. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY HANSON PIPE AND PRECAST OF HOUSTON, TEXAS, IN THE AMOUNT OF $106,533.20 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYORAMES,COUNCILMEMBERS COLEMAN,BEAULIEU,WRIGHT,PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 048 3. Consider authorizing the City Manager to execute an interlocal agreement with the Texas Department of Housing & Community Affairs and the Southeast Texas Regional Planning Commission for the disbursement of Housing Trust Funds. Administration recommended City Council authorize the City Manager to execute an interlocal agreement with the Texas Department of Housing & Community Affairs and the Southeast Texas Regional Planning Commission for the disbursement of Housing Trust Funds. On October 31,2006,The Beaumont City Council authorized entering into an agreement with the Southeast Texas Planning Commission to administer federal Disaster Recovery funds from the Texas Department of Housing&Community Affairs("TDHCA"). In order to prevent duplication of benefits, the program guidelines require applicants to apply any prior Page 4 of 7 Minutes-February 19,2008 assistance received specifically for repairs toward actual repairs. In many cases, because of other pressing needs such as medical emergencies or a need for transportation,applicants used this prior assistance toward those costs, leaving many of them with a gap that prevents them from receiving assistance through the TDHCA Disaster Recovery Program. In order to provide assistance to persons with gap issues, TDHCA has set aside Housing Trust Funds for Community Development Block Grant Disaster Recovery Projects in the amount of $143,937. Under TDHCA program guidelines, gap financing must be used to assist low income families and may not exceed$10,000 per unit. Assistance will be provided in the form of a grant in all instances except when the assistance is greater than $5,000 and the household's Area Median Family Income(AMFI)exceeds 60%. Assistance to households with incomes exceeding 60%AMFI with a need of greater than$5,000 will be provided in the form of a five-year 0% interest repayable loan. Funding will be provided from TDHCA Housing Trust Funds for Community Development Block Grant Disaster Recovery Projects. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER IS AUTHORIZED TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE TEXAS DEPARTMENT OF HOUSING&COMMUNITY AFFAIRS AND THE SOUTHEAST TEXAS REGIONAL PLANNING COMMISSION FOR THE DISBURSEMENT OF HOUSING TRUST FUNDS FOR COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY PROJECTS IN THE AMOUNT OF $143,937 FOR GAP ASSISTANCE. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES,COUNCILMEMBERS COLEMAN,BEAULIEU,WRIGHT,PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 049 COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - COMMENTED ON THE GROUND BREAKING CEREMONY AT OUR MOTHER OF MERCY CATHOLIC CHURCH FOR THEIR NEW GYMNASIUM; ANNOUNCED A TIME CHANGE FOR THE WARD IV COUNCILMEMBER MEETING THAT IS HELD EVERY SATURDAY AT THEODORE JOHNS LIBRARY, THE TIME CHANGE IS DUE TO ELECTIONS AND OTHER FUNCTIONS AT THE LIBRARY COUNCILMEMBER PATE - ANNOUNCED THE CONVENTION AND VISITORS BUREAU HALL OF FAME THAT WILL BE HELD ON TUESDAY FEBRUARY 19,2008;THIS WEEKEND LAMAR UNIVERSITY WILL HAVE IT'S HOMECOMING, ENCOURAGED EVERYONE TO ATTEND THE BASKETBALL GAMES ON THURSDAY AND SATURDAY NIGHT Page 5 of 7 Minutes-February 19,2008 COUNCILMEMBER WRIGHT - THANKED THE MAY FAMILY FOR THEIR GENEROUS DONATION TO OUR MOTHER OF MERCY CHURCH FOR A NEW GYMNASIUM; ALSO CONDOLENCES TO THE FAMILY OF RETIRED POLICE OFFICER WILBUR POWELL THAT WAS KILLED THIS WEEKEND;ENCOURAGED EVERYONE THAT WOULD LIKE TO VOLUNTEER FOR ANY OF THE ORGANIZATIONS,LIKE MEALS ON WHEELS ETC.,TO PLEASE DO SO, THE CITY IS LOSING A LOT OF VOLUNTEERS; ASKED THAT THE CITY MANAGERAND COUNCIL CONSIDERA WORKSHOP FOR RECRUITING COUNCILMEMBER BEAULIEU- CONGRATULATED OUR MOTHER OF MERCY CATHOLIC CHURCH ON THE DONATION FOR THE NEW GYMNASIUM, GREAT FOR THE CHILDREN OF THE COMMUNITY; ENCOURAGED EVERYONE TO ATTEND THE LAMAR UNIVERSITY BASKETBALL GAMES, INFORMED EVERYONE THAT LAMAR WILL BE HAVING $1.00 NIGHT FOR TICKETS COUNCILMEMBER COLEMAN - GAVE AN UPDATE ON INJURED FIREFIGHTER CODY SCHRODER, ANNOUNCED THE WARD I TOWN HALL MEETING, SCHEDULED FOR FEBRUARY 28, 2008 AT 5:30 P.M. ELMO WILLARD LIBRARY ON THE CORNER OF LUCAS AND HELBIG; ANNOUNCED LAMAR UNIVERSITY'S HOMECOMING,ENCOURAGED EVERYONE TO ATTEND MAYOR PRO TEM SAMUEL - ABSENT CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - CONGRATULATIONS TO OUR MOTHER OF MERCY CATHOLIC CHURCH ON THE DONATION FOR THE NEW GYMNASIUM Public Comments (Persons are limited to three minutes) Glenda Ardoin 1401 Park St. Beaumont TX Spoke about a conflict of interest regarding a project to bring more homes for low to moderate income families in the Charlton Pollard community,there have been studies done on this project and forwarded to the City,only for it to be rejected on three different occasions,the Community would like Council's help to make sure that these projects move forward Kerry Avie 3035 Elinor Beaumont TX Prayer for the City Jonathan Mark Cassidy 1040S. 4 th St. Beaumont TX Reported to Council illegal dumping that is occurring at Conn's Warehouse by a sub-contractor Page 6 of 7 Minutes-February 19,2008 I Rose Thomas 6055 Barrington Ave. Beaumont TX Asked that Council update her regarding the deferment of the agenda item pertaining to commercial garbage container collection that was on the February 12, 2008 agenda Elizabeth Moore 3580 S. MILK #405 Beaumont TX Asked for help regarding her eviction notice received from the Carley House Apartments Robert Preston 1190 Iowa Beaumont TX Spoke regarding the Beaumont Police Department Open session of meeting recessed at 2:06 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: City Magistrates There being no action taken in Executive Session, Council adjourned. Audio tapes are available upon request in the City Clerk's Office. i (Ah, Be ky Am , yo Tina Broussard, City Clerk i Page 7 of 7 Minutes-February 19,2008