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HomeMy WebLinkAboutMIN SEP 09 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 1 CITY COUNCIL MEETING Nancy Beaulieu, Ward II Audwin Samuel, Mayor Pro Tem, Ward III September 9, 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 September 9, 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 1-5/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Dr. Christopher Moody, Pastor of First Baptist Church, gave the invocation. Mayor Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Samuel, Councilmembers Coleman, Beaulieu, Wright, and Smith. Absent: Councilmember Pate. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "Another Great Day In Beaumont Thanks to Addison Duffee" - September 9, 2008 - Proclamation read by Councilmember Beaulieu; accepted by Addison Duffee "National Alcohol and Drug Addiction Recovery Month" - September, 2009 - Proclamation read by Mayor Pro Tern Samuel;accepted by Terri James of Southeast Texas Regional Planning Commission Substance Abuse Division Presentation to Council-Robert Reyna, Executive Director of Beaumont Housing Authority; presented certificates of appreciation and bricks from Magnolia Gardens with Councilmembers' names on them Presentation-Randall Collins introduced Yuliya Neverova from the Country of Kazahstan, who is an exchange student attending West Brook High School.Yuliya presented the Mayor with a gift from her country and Mayor Ames Presented Yuliya Neverova with an Honorary Citizen Card Minutes-September 9,2008 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda. Jack Koch 537 Longmeadow St. Beaumont TX Spoke regarding Item#4 on the Agenda,thanked Council for the consideration of approving this item CONSENT AGENDA Approval of minutes - August 26, 2008 Confirmation of committee appointments - Resolution 08 - 241 Paula Blazek would be appointed as Vice Chairman of the Historic Landmark Commission. The term would commence September 9, 2008 and expire September 8, 2009. (Mayor Becky Ames) Tracy Richardson would be reappointed to the Historic Landmark Commission. The current term would expire January 15, 2010. (Mayor Becky Ames) Judy Linsley will fill the unexpired term of Dr. Ware Petznick on the Historic Landmark Commission. The term would commence September 9, 2008 and expire September 10, 2009. (Mayor Becky Ames) Charlie Foxworth would be appointed as Chairman of the Keep Beaumont Beautiful Commission. The term would commence September 9,2008 and expire September 8,2009. (Mayor Becky Ames) Sam Bethea would be appointed as Vice Chairman of the Keep Beaumont Beautiful Commission. The term would commence September 9,2008 and expire September 8,2009. (Mayor Becky Ames) Bill Faucett would be reappointed to the Library Commission. The current term would expire January 17, 2010. (Mayor Becky Ames) Dana L. Timaeus would be reappointed as Vice Chairman of the Board of Adjustment (Zoning). The current term would expire July 23, 2009. (Mayor Becky Ames) A) Approve a contract for limestone base material for use by the Streets and Drainage Division- Resolution 08 - 242 B) Approve a contract for the purchase of phosphate water treatment compound for use by the Water Utilities Department - Resolution 08 - 243 Page 2 of 10 Minutes-September 9,2008 C) Approve a contract for water treatment chemicals for use by the Water Utilities Department- Resolution 08 - 244 Mayor Pro Tern Samuel made a motion to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider an ordinance amending Section 28-50 (a), Water Service Rates and Section 28- 51(a), Sanitary Sewer Service Rates of the Code of Ordinances. Administration recommended approval of an increase in the water and sewer rates by seven (7)percent which is needed to effectively operate the water and sewer system and to provide for the necessary debt service. The Water Utilities Department is currently undertaking a major Capital Improvement Program to enhance the water and sewer system. The City's infrastructure is aging and many parts of the system are in need of rehabilitation and replacement. Capital improvements are required to meet State and Federal regulations.Approximately$103 Million of water and sewer system improvements have been identified to meet these regulations and to rehabilitate the systems over the next three to five years. These projects are in the design or construction phase in the 2009 Capital Program. In an extensive work session with Council in July 2007, Dr. Hani Tohme, Director of the Water Utilities Department, made a presentation regarding the capital projects needed to improve the City's water and sewer infrastructure and the funds that would be needed. Councilmember Beaulieu moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28,SUBSECTIONS 28-50(A)AND 28-51(A),OF THE CODE OF ORDINANCES TO INCREASE WATER AND WASTEWATER RATES EFFECTIVE OCTOBER 1,2008; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 075 Page 3 of 10 Minutes-September 9,2008 2. Consider authorizing the City Manager to execute an Industrial District Contract with The Goodyear Tire & Rubber Company. Administration recommended approval of a resolution authorizing the City Manager to execute an Industrial District Contract with The Goodyear Tire & Rubber Company. Industrial District Contracts enable the City to collect payments in lieu of taxes from industries located outside the city limits. City staff has negotiated a new industrial agreement with The Goodyear Tire & Rubber Company. The new contract with Goodyear is effective January 1, 2008 and will expire December 31, 2015. The past contracts with Goodyear were not based on a ratio applied to the annual assessed values of the company's property but rather on a base amount that was increased or decreased based on the ratio of change in the tax rate. In 2007, based on the prior contract,the company paid$669,688. The new contract converts the agreement with Goodyear to a contract where the payments are calculated based on assessed value in the same manner as all of the other industrial agreements with the City. The 2008 payment has been set at $1,087,092 and has been paid in two payments of $850,000 and $237,092. During the remainder of the eight-year contract,the in-lieu of tax payment will be based on a ratio of 70% of property taxes due to the City as if the industry were located within the city limits in 2009, 72% of property taxes due to the City in 2010, 74% of the property taxes due to the City in 2011, and 76% of property taxes due to the City in 2012. The ratio for 2013 through 2015 will be 80% of the property taxes due to the City. Payments will be due to the City by February 1" of each year. Industrial payments received in FY 2008 amounted to$13,177,553 and are 13.2%of General Fund revenues. Goodyear's total FY 2008 payment of$1,087,092 is 8.25%of the industrial revenue received in FY 2008. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DISTRICT CONTRACT WITH GOODYEAR TIRE&RUBBER COMPANY EFFECTIVE JANUARY 1, 2008. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 245 3. Consider approving a contract for reconstruction and rehabilitation of homes damaged by Hurricane Rita. Administration recommended the award of a contract to J.W.Turner Construction of Tomball, Texas for$296,217 related to four(4)homes and to TWA Air Conditioning of Orange,Texas for $165,164 related to three (3) homes. Page 4 of 10 Minutes-September 9,2008 The Housing Division of the Community Development Department identifies single family homes that are eligible for federal grantfunding allocated to the Texas Department of Housing and Community Affairs(TDHCA)Disaster Program from the U. S. Department of Housing and Urban Development to remediate the unmet housing needs of Beaumont residents resulting from Hurricane Rita. The TDHCA Hurricane Rita Disaster Recovery Program requires that these housing units meet minimum property standards and local health and safety codes at project completion. The type of activity being completed determines the minimum construction standards that must be met. The reconstruction will be managed by George E.Johnson Development, Inc.of Houston and the City's Housing Division. Funding will be provided by a federal grant from the U. S. Department of Housing and Urban Development allocated to the Texas Department of Housing and Community Affairs Disaster Recovery Program which requires no matching funds from the City. Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE BIDS SUBMITTED BY J.W.TURNER OF TOMBALL,TEXAS, IN THE AMOUNT OF$296,217 FOR RECONSTRUCTION OF FOUR (4) STRUCTURES AND TWA AIR CONDITIONING OF ORANGE, TEXAS, IN THE AMOUNT OF $165,164 FOR REHABILITATION OF THREE (3) STRUCTURES BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 246 4. Consider authorizing the issuance of a tax exempt loan by the Mart Cultural Education Facilities Corporation to provide financing for the construction of the new YMCA facility in Beaumont. Administration recommended approval of a resolution authorizing the issuance of a tax exempt loan by the Mart Cultural Education Facilities Corporation for the construction of the new YMCA facility in Beaumont. Staff has been approached by representatives of the Mart Cultural Education Facilities Corporation which is involved in the issuance of tax exempt bonds to provide financing for the construction of the new YMCA facility being constructed on Dishman Road in Beaumont. The bonds will be issued by the Cultural Education Facilities Corp. created by the City of Mart, Texas. This corporation was created pursuant to the Cultural Education Facilities Finance Corporation Act which authorizes the issuance of tax exempt bonds to finance facilities such as the YMCA. Because the project is located in Beaumont and outside of the City of Mart,the Page 5 of 10 Minutes-September 9,2008 issuer must obtain the approval of both Jefferson County and the City of Beaumont due to special statutory requirements of the Texas Health and Safety Code. We have been advised that Jefferson County has already granted its approval. The City's approval does not create any liability or obligation on the part of the City and the City has no liability or obligation for the bonds or any other aspect of this project. In addition, the issuance of the bonds in this project will not have any impact on the City's finances or its ability to issue any future debt. A public hearing is being held on the project at 9:00 a.m. on September 9,2008. This public hearing is required underfederal tax law and the hearing will be conducted by a representative of the YMCA. This project will not have any impact on the City's finances or its ability to issue any future debt. Councilmember Coleman made a motion to APPROVE A RESOLUTION APPROVING THE ISSUANCE OF A TAX EXEMPT LOAN BY THE MART CULTURAL EDUCATION FACILITIES CORPORATION FOR THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF BEAUMONT, TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 247 5. Consider approving the purchase of an event monitoring trigger system for use by the Water Utilities Department. The Administration recommended the approval of the purchase from the Hach Company of Loveland, Colorado in the amount of$105,099. The event monitoring trigger system will monitor the quality of the water in the water distribution system. Monitoring will be provided on a twenty-four(24) hour basis, seven (7) days a week. Cost also includes technical support, preventive maintenance parts, licenses and employee training for one(1)year.The Hach Company will conduct a study and provide a report for the suggested location of the equipment. Funding is available in the Capital Program. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE PROPOSAL SUBMITTED BY HACH COMPANY OF LOVELAND, COLORADO, FOR THE PURCHASE OF AN EVENT MONITORING TRIGGER SYSTEM IN THE AMOUNT OF$105,099 FOR USE BY THE WATER UTILITIES DEPARTMENT BE ACCEPTED BY THE CITY OF BEAUMONT. Mayor Pro Tern Samuel seconded the motion. Page 6 of 10 Minutes-September 9,2008 AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 248 WORKSESSION Review and discuss a request by Experience Corps of Southeast Texas Chris Boone, Community Development Director, discussed the purpose of the work session which was to introduce the Experience Corps of Southeast Texas program. Chris Boone then introduced Ms.Stephanie Lartigue Pearson, Program Director,who further explained that Experience Corps of Southeast Texas is an inter-generational tutoring program that utilizes the time, talents and patience of senior citizens to help school-age students. Experience Corps of Southeast Texas began locally in the Port Arthur School District in 1995 and is now looking to expand into the Beaumont School District. Individual tutoring is provided to students that have been identified by their teachers as the lowest performing students or students at risk of failure. During the 13 years of service in the Port Arthur School District, Experience Corps has tutored more than 1,700 students. Experience Corps of Southeast Texas is one of only nineteen such programs of its kind in the nation. Stephanie Lartigue Pearson requested $80,603 to fund this program, with equal contributions of $40,301.50 coming from BISD and the City of Beaumont. COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE MAYOR PRO TEM SAMUEL - THANKED THE FIRST RESPONDERS, BEAUMONT POLICE DEPARTMENT, EMS, AND ALL CITY DEPARTMENTS, ALSO WISHED THAT CITIZENS COULD SEE WHAT GOES ON AT THE EMERGENCY OPERATION CENTER, THANKED STAFF FOR KEEPING THE CITIZENS UPDATED DURING THE STORM, VOICED CONCERNS WITH THE CITY MANAGER REGARDING THE TURNING LANES ON WASHINGTON BLVD. NEAR THE HEALTH DEPARTMENT AND ASKED THAT ARROWS BE PAINTED SO THAT PEOPLE ARE AWARE OF THE TURNING DIRECTIONS COUNCILMEMBER WRIGHT- COMMENTED ON THE WAY THE CITY PROMOTES PROGRAMS FOR CHILDREN, AS WELL AS THE CHILDREN'S MUSEUM THAT IS STILL IN THE WORKS, COMPLIMENTED REGINA Page 7 of 10 Minutes-September 9,2008 ROGERS AND THE BEN'S KIDS IEA AND WHAT SHE IS DOING FOR THE YOUNG CHILDREN, VERY PROUD OF "EXPERIENCE CORPS" AND WHAT THEY WILL BE DOING FOR THE CHILDREN IN THE BEAUMONT INDEPENDENT SCHOOL DISTRICT,CONGRATULATED DR. RICHARD PRICE ON THE NEW AUDITORIUM AT THE JOHN GRAY INSTITUTE AT LAMAR UNIVERSITY, READ WORDS OF ENCOURAGEMENT SENT BY LYDIA WILLIAMS REGARDING EVACUATION, THANKED MAYOR AMES FOR KEEPING HER CAMPAIGN PROMISE ON CUSTOMER SERVICE FOR THE CITIZENS, COMMENTED ON GETTING THINGS DONE WITHIN THE COMMUNITY AND THE STRONG NEIGHBORHOOD ASSOCIATIONS COUNCILMEMBER BEAULIEU - COMMENTED ON WHAT MAKES SOUTH EAST TEXAS A GREAT PLACE TO LIVE, WE HAVE SEEN A TEAM WORKING TOGETHER TO BUILD GREAT HOUSING AND PEOPLE GIVING THEIR TIME AND EFFORT TO BETTER OUR CHILDREN, ALSO TO ADDISON DUFFIE FOR ALL OF THE WORK HE HAS DONE ON THE QUITE ZONES COUNCILMEMBER COLEMAN - CONGRATULATED .LACK KOCH AND THE YMCA METRO BOARD FOR THE NEW CONSTRUCTION, ALSO TO TIM OCNASCHECK ON A GREAT JOB WITH THE EMERGENCY OPERATION CENTER, ENCOURAGED EVERY CITIZEN TO REGISTER WITH 211,ALSO CONGRATULATED"EXPERIENCE CORPS"AND THE JOB THAT THEY WILL BE DOING WITH THE BEAUMONT INDEPENDENT SCHOOL DISTRICT COUNCILMEMBER PATE - ABSENT CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - THANKED "EXPERIENCE CORPS" FOR THEIR SERVICE IN THE CITY OF BEAUMONT,CONGRATULATED THE BEAUMONT HOUSING AUTHORITY ON THEIR HOPE VI PROGRAM AND TO ADDISON DUFFIE FOR BEING A TREND SETTER,COMMENTED ON THE EMERGENCY OPERATION CENTER AND WHAT A GREAT JOB THAT THEY DO AND THE TIME AND DEDICATION THAT THEY GIVE, ALSO APPRECIATED THE CITIZENS THAT EVACUATED, THANKED TIM OCNASCHECK, PAT GRIMES, AND CRYSTAL HOLMES AS WELL AS COUNCIL AND OTHER EMPLOYEES DURING THE EVACUATION PROCESS, ALSO ASKED THE CITY MANAGER TO SET A DATE AND TIME FOR THE PRESS TO FILM THE EMERGENCY OPERATION CENTER Page 8 of 10 Minutes-September 9,2008 AND THE CALL CENTERS SO THAT CITIZENS CAN SEE THOSE FACILITIES, ENCOURAGED ALL CITIZENS TO CALL 211 WITH ANY ISSUES THEY MAY NEED HELP WITH Public Comments (Persons are limited to three minutes) Ward McCurtain 5975 Gladys Beaumont TX Stated that he was in favor of the red light camera system, recommended that Council hold town hall meetings with the citizens regarding the Downtown Lake Project so that they are informed, commended "Experience Corps" and what they will be doing for the children of Beaumont Jude Paredez 10620 Gage Rd. Beaumont TX Commented on the hurricanes that we have had, read a statement regarding a bill that is being introduced into the Senate by Senator Kay Baily Hutchinson on weather modification Bruce Hoffer 2615 Gladys Beaumont TX Commented on the red light camera system,thought it is nice to catch someone if they run a red light or if an accident occurred but is against it because of its invasion, spoke regarding the soccer games at the Quinn Complex, informed everyone that all kids are invited to enjoy playing soccer as well as the number of games for the three and four year olds, mentioned that the Lamar University girls soccer team played an exhibition game this past weekend and won Louis Vaughn 9615 Mapes Beaumont TX Commended the first responders on the excellent job they did during the evacuation for Hurricane Gustav,spoke regarding tax relief for the citizens due to high gas prices, property taxes and food prices Open session of meeting recessed at 2:41 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: April Gentry v. City of Beaumont Claim of Dr. Quoc-Nam Tran There being no action taken in Executive Session, Council adjourned. Page 9 of 10 Minutes-September 9,2008 Audio available upon request in the City Clerk's Office. Be ky Arney, Mayor 1It a � Tina Broussard, City Clerk t '' �� In y�,o Page 10 of 10 Minutes-September 9,2008