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HomeMy WebLinkAboutMIN NOV 18 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 November 18,2008 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 November 18, 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 1-6/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor David Brett with Christ Community 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, Pate and Smith. Absent: Councilmember Wright. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Councilmember Wright out due to illness. Proclamations, Presentations, Recognitions "Christmas Holiday Festival & Parade Days " - Proclamation read by Mayor Ames; accepted by Santa and Parade Committee Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda. None CONSENT AGENDA Approval of minutes - November 4, 2008 Confirmation of committee appointments - Resolution 08 - 302 Raj Ataya would be appointed to the Convention and Tourism Advisory Committee. The appointment would commence November 18, 2008 and expire November 17, 2010. (Councilmember W. L. Pate, Jr.) Minutes-November 18,2008 A) Approve compensation for the City Clerk - Resolution 08 - 303 B) Approve the City of Beaumont Investment Policy - Resolution 08 - 304 C) Approve a resolution to write-off uncollectible delinquent accounts - Resolution 08 -305 D) Approve a resolution to write-off uncollectible water accounts - Resolution 08 - 306 E) Approve an Amendment to the Lease Agreement with University of Texas Medical Branch at Galveston (UTMB) - Resolution 08 - 307 F) Approve a resolution authorizing the City Manager to execute a Three Party Agreement with the Port of Beaumont and Burlington Northern Santa Fe for the construction of the Calder Avenue Drainage Project - Resolution 08 - 308 Mayor Pro Tern Samuel made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider amending Section 21-75 of the Code of Ordinances related to authorized positions in the Police Department. Administration recommended amending Section 21-75 of the Code of Ordinances to increase the number of Grade II Sergeant positions by one (1) and to reduce the number of Grade I Patrol positions by one (1). On November4,2008,Council approved the settlement of the lawsuit styled Scott Lisenbv. et al vs. the City of Beaumont, et al. This suit, filed in June 2008, involved alleged discrepancies with a Grade II Sergeant promotional process. Resolution of the litigation necessitates increasing the number of sergeant positions in the Police Department by one (1) in order to facilitate the promotion that will occur. In order to maintain the current staffing,Administration would recommend reducing the Grade I Patrol positions by one(1). The difference in increasing the Grade II position and reducing the Grade I position is approximately $7,000.00. Councilmember Beaulieu moved to ADOPTAN ORDINANCE ENTITLEDAN ORDINANCE AMENDING SECTION 21-75 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO INCREASE THE NUMBER OF GRADE II SERGEANT POSITIONS FROM 40 TO 41 AND DECREASE THE NUMBER OF GRADE I PATROL POSITIONS FROM 205 TO 204; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilmember Coleman seconded the motion. Page 2 of 12 Minutes-November 18,2008 AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 101 2. Consider the award of a contract for sand cement. Administration recommended the award of a one (1) year contract to Transit Mix of Beaumont, Texas with an estimated total expenditure of$227,000. Bids were requested for a one (1) year contract for sand cement for use by the Public Works and Water Utilities Departments. The material is used in the maintenance of water lines and meter boxes, the installation of culverts, and to repair driveways. Funds are available forthis expenditure in the Departments' respective operating budgets. COuncilmember Pate made a motion to APPROVE RESOLUTION THAT THE BID SUBMITTED BY TRANSIT MIX,BEAUMONT,TEXAS,FOR SAND CEMENT FOR AN ESTIMATED TOTAL EXPENDITURE FOR THE CONTRACT PERIOD OF$227,000 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 309 3. Consider the award of a contract for container and solid waste collections at various city- owned facilities. Administration recommended the award of an annual contract to Waste Management of Beaumont, Texas in the estimated amount of $75,439.32. Refuse container and collection services are required at approximately thirty-one(31)sites throughout the City. The size of refuse containers required at each location range in size from two (2)to ten (10)cubic yards and the collection frequency rates typically range from one (1) to four (4) times per week. The specifications allow the City to add or delete containers and change locations or container sizes as needed. Funds are available in various departmental operating budgets in the General Fund and in the Fleet Fund, Water Utilities Fund, and the Henry Homberg Golf Course Fund. Page 3 of 12 Minutes-November 18,2008 Mayor Pro Tern Samuel made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY WASTE MANAGEMENT, BEAUMONT, TEXAS, FOR AN ANNUAL CONTRACT FOR CONTAINER AND SOLID WASTE COLLECTIONS IN THE ESTIMATED MONTHLY COST OF$6,286.61 AND AN ESTIMATED ANNUAL COST OF $75,439.32 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 310 4. Consider the award of a bid to replace the roof on the Beaumont Municipal Airport terminal building. Administration recommended the award of a bid to Bruce's General Construction of Beaumont in the amount of$64,400. The roof has deteriorated due to age as well as damage from hurricanes in recent years. The City has received a grant from the Texas Department of Transportation Aviation Division that provides local governments with funding for airport maintenance and repairs. The Routine Airport Maintenance Program (RAMP)Grant is a 50/50 matching grant up to $50,000 for each fiscal year. Based on the low bid received, the grant program will reimburse the City $32,200 of the terminal building roof replacement project. Bruce's General Construction is a certified Minority Business Enterprise company. The project will commence in December and be completed by February 2009. Funds are provided by the RAMP Grant requiring a 50% match. Matching funds are budgeted in the Airport Fund. Council member Pate made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY BRUCE'S GENERAL CONSTRUCTION IN THE AMOUNT OF$64,400 FOR ALL LABOR,MATERIALS,AND EQUIPMENT NECESSARY TO CONSTRUCT A ROOF ON THE TERMINAL BUILDING AT THE BEAUMONT MUNICIPAL AIRPORT BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 311 Page 4 of 12 Minutes-November 18,2008 5. Consider granting a new solid waste collection and transportation service franchise. First Reading Administration recommended granting a solid waste collection and transportation service franchise to Coastal Waste Disposal, Inc. According to City Ordinance 28-22.1, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Five (5) entities currently have nonexclusive franchise agreements with the City and are doing business in Beaumont. Coastal Waste Disposal, Inc. has requested that the City Council grant the company such franchise agreement. Coastal Waste Disposal, Inc. is locally owned and has regional operations with one of its offices located at 4749 Odom Road in Beaumont. The requested franchise is generally the same as those previously approved by City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter, franchise ordinances require readings at three (3) separate Council meetings, with the third not less than thirty (30) days from the first reading. The ordinance does not take effect until sixty (60)days after its adoption on the third and final reading. After passage, the ordinance must be published for four (4) consecutive weeks in a newspaper of general circulation in the city. All publication costs are paid by franchisee. A franchise fee of seven percent (7%) of gross receipts is paid into the General Fund. Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 102 6. Consider approving amendments to the Texas Department of Housing & Community Affairs Disaster Recovery Program and authorizing the City Manager to execute the required amendment documents. Administration recommended City Council approve amendments to the Texas Department of Housing & Community Affairs Disaster Recovery Program and authorize the City Manager to execute the required amendment documents. Page 5 of 12 Minutes-November 18,2008 City Council previously authorized an agreement and subsequent amendments with the Southeast Texas Regional Planning Commission for the City's Housing Services Division to administer federal Disaster Recovery funds from the Texas Department of Housing & Community Affairs ("TDHCA") in the amount of Five Million One Hundred Forty-Five Thousand Dollars ($5,145,000) used for Owner-Occupied Repairs ($2,400,000), Reconstruction ($2,500,000), and for Administrative Costs ($245,000). The first amendment is an Amendment for Extension of Contract that extends the timeline for program completion from October 31, 2008 to December 31, 2008, and any forthcoming extensions of time not to exceed April 30, 2009. The intent of the referenced forthcoming extension is to address construction delays that resulted from Hurricane Ike and relieve the program administration of additional delay that may result from having to come back to Council for approval of any additional needed extensions. The second amendment is an Amendment to the Interlocal Agreement that clarifies the City's limit of financial responsibility upon completion of rehabilitation or reconstruction activity. The City asked the Southeast Texas Regional Planning Commission to provide language that relieves the Cityfrom further review or financial responsibility when providing assistance to homeowners who have delinquent property taxes but have either a tax payment plan that they are current on or a have a deferral. This amendment assures the City that, upon completion of a rehabilitation or reconstruction activity, it has no future liability for unpaid taxes whether caused by default on a tax payment plan by a homeowner or by the death of a homeowner with a deferral. Thirdly, the cost to administer the TDHCA Disaster Program has exceeded the available Administration line item of $245,000. The City has requested additional Administrative funds from TDHCA in the amount of$195,874 to cover deficiencies and projected costs to administer the program through its completion. Funding will be provided from TDHCA Housing Trust Funds for Community Development Block Grant Disaster Recovery Projects. Cou ncilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE THE DOCUMENTS AMENDING THE TDHCA DISASTER RECOVERY PROGRAM. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 312 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. 7. PUBLIC HEARING: Dangerous Structures Public Hearing Open: 2:05 p.m. Page 6 of 12 Minutes-November 18,2008 Public comments were made by the following people who personally appeared and requested additional arrangements for their property. John Sears 8120 Washington Blvd. Beaumont TX 77707 Item: #28 2625 Hegele St. Leticia Torres 1224 Hazel Beaumont TX 77701 Item: #25 1224 Hazel Sylvester LeBlanc, Jr. 3434 Wichita Houston TX 77004 Item: #35 6920 LeBlanc Shonte' Cooley 2475 Liberty Beaumont TX 77704 Item: #36 2475 Liberty Michael McKinley 5997 Edgewater Dr. Orlando FL 32773 Item: #13 4477 Dallas Miguel Vela 9600 Holly Springs Rd. Austin TX Item: #15 3150 Dogwood Evelyn Broussard 1350 Brockman St. Beaumont TX Item: #22 3620 Goliad Michael Devillier P.O. Box 12152 Beaumont TX 77726 Item: #47 4360 Park Humberto Gonzales 580 Nolan Beaumont TX Item: #44 580 Nolan Nelson Savoy 2019 Poplar Beaumont TX 77701 Item: #46 731 Palm Larry Jackson 2697 Washington Blvd. Beaumont TX Item: #21 3025 Goliad Item: #59 2697 Washington Micheal Goodall 1705 Burton Beaumont TX 77705 Item: #6 1705 Burton Page 7 of 12 Minutes-November 18,2008 Public Hearing Close: 2:45 p.m. Consider approval of an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program. Administration recommended City Council condemn these fifty-nine (59) structures and order the owner to raze within ten (10) days. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. These structures have been inspected by the Building Codes Division and found to be dangerous structures as defined by the City of Beaumont's Code of Ordinances,Article III, Dangerous Structures, Section 14-50. Additionally, these structures have deteriorated to a condition that they are no longer considered suitable for repair. City may incur the cost of demolition. Mayor Pro Tern Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AS WELL AS TO ALLOW PROPERTY OWNERS OF ITEMS#13, 15, 21, 22, 25, 28, 35, 36, 44, 46, 47, AND 59 TO BE ALLOWED TO ENTER INTO A 150 DAY WORK PROGRAM AND TO REMOVE ITEM #6 FROM THE DANGEROUS STRUCTURES LIST PENDING DETERMINATION OF OCCUPANCY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 103 WORKSESSION • Receive a status report related to planned improvements for the Tennis Complex located at the Athletic Complex. Jim Thompson, Parks and Recreation Director, Tom Warner, Public Works Director, and Brenda Beadle, Capital Projects Manager, have been working cooperatively on the Tennis Complex project with representatives from the Southeast Texas Tennis Association. When complete, the Tennis Center will include sixteen outdoor courts, four covered courts, a show court,jogging trail and a new 3,000 sq.ft. club house, along with appropriate parking, landscaping, bleachers, fencing and other amenities. Page 8 of 12 Minutes-November 18,2008 The project will be constructed in phases. The bidding process should be ready to begin in the first quarter of 2009 with the first phase of construction being completed within one year, with a target date in early 2010. The project's funding for this year is $1.75 million and the city will award as much of the first phase as can be accomplished with available funds. • Review and discuss the Community Development Block Grant and HOME Programs. Chris Boone, Development Services Manager, discussed the CDBG program which is a flexible program that provides communities with Federal resources to produce a viable community through assistance to those with low to moderate income. These Federal funds are targeted to support housing, public improvements and infrastructure, economic development, public services and the elimination of blight. Mr. Boone also discussed the allocation process of the CDBG, the division of the funds within the budget and other CDBG programs. He also discussed the HOME program, which seeks to provide affordable housing by using public HOME funds to leverage non-profit and private housing opportunities in the form of tax credits, new construction, lease purchase and down payment assistance. • Review and discuss the Seismic Testing Ordinance. Chris Boone, Development Services Manager, gave an overview of the issues that have been discussed relating to seismic testing within the city. An ordinance was adopted including requirements for a third party monitor, minimum distances from structures, insurance requirements and a probation on the use of vibratory trucks on City streets but allowing them to be used on private property provided permission was granted by the owner and the minimum distance would be 250' from any structure. Three companies have applied for permits with the third company wrapping up testing. Over 100 calls concerning testing have been received in the last year by concerned citizens. To date, no requests to follow up on damage issues have been made. Also, there are no permit applications currently and there are no pending requests for permits. COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - ANNOUNCED THE WARD IV TOWN HALL MEETING ON THURSDAY,NOVEMBER 20,2008 AT 7:00 P.M.,AT THE L.L. MELTON YMCA, COMMENTED ON THE NATIONAL LEAGUE OF CITIES CONFERENCE HE ATTENDED IN ORLANDO, FL MAYOR PRO TEM SAMUEL- COMMENTED ON THE NATIONAL LEAGUE OF CITIES CONFERENCE IN ORLANDO, FL,THERE WERE QUITE A FEW ISSUES THAT WERE DISCUSSED GEARED TOWARD BEAUMONT, THOSE ITEMS WERE HOUSING, HEALTH CARE AND HOME TOWN SECURITY, ALSO DISCUSSED A NEW PROGRAM THAT HE MADE APPLICATION FOR THE CITY OF BEAUMONT TO BE A PART OF DISCOUNTED PRESCRIPTION DRUGS THROUGH CVS PHARMACY FOR THOSE THAT DO NOT Page 9 of 12 Minutes-November 18,2008 HAVE INSURANCE, THIS WOULD HELP THEM GET THOSE DISCOUNTS ON THEIR PRESCRIPTIONS, IT WOULD BE NO CHARGE FOR THE CITIZENS,THIS IS DONE BECAUSE THE CITY IS A PART OF NLC AND THIS WILL BE MADE AVAILABLE TO THE CITIZENS OF THE CITY OF BEAUMONT COUNCILMEMBER PATE - COMMENTED ON THE NATIONAL LEAGUE OF CITIES CONFERENCE, A NUMBER OF IDEAS WERE LOOKED AT ESPECIALLYTHE ENVIRONMENT,THERE WEREA NUMBER OF THINGS THAT THE CITY CAN DO TO HELP THE CITY GO GREEN, DISCUSSED OBESITY AMONG YOUTH, THERE IS A PROGRAM THAT THE CITY CAN APPLY FOR TO HELP OUR YOUTH GET OUT AND BECOME MORE PHYSICALLY ACTIVE,ANNOUNCED THAT THE GARTH HOUSE WOULD BE HAVING A FUND RAISER ON FRIDAY, NOVEMBER 21, 2008 AT 6:30 P.M., COMPLIMENTED WALTER UMPHREY FOR DONATING $4 MILLION DOLLARS TO LAMAR UNIVERSITY COUNCILMEMBER BEAULIEU - COMMENTED ON THE NATIONAL LEAGUE OF CITIES CONFERENCE AND THE HARD WORK THAT IS PUT INTO IT AND ALL THE INFORMATION THAT IS BROUGHT BACK TO ENHANCE THE CITY OF BEAUMONT COUNCILMEMBER COLEMAN- SPOKE ON HIS TRIP"NOTHING BUT NETS"AND THE NUMBER OF NETS THAT WERE DISTRIBUTED TO CHILDREN, ALSO SPOKE ON HOW BLESSED WE ARE, THE FAMILIES HAVE NO LIGHTS,NO FOOD AND NO CLOTHES,THEY ALSO LIVE IN MUD HUTS SO WE ALL SHOULD FEEL BLESSED WITH OUR LIVING CONDITIONS COUNCILMEMBER WRIGHT- ABSENT CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR AMES - ANNOUNCED THE 311 INFORMATION CENTER AND THE 911 EMERGENCY OPERATIONS CENTER OPEN HOUSE ON WEDNESDAY,NOVEMBER 19,2008 STARTING AT 2:30 P.M., WITH A RIBBON CUTTING AT 4:30 P.M., AT THE MUNICIPAL COURT BUILDING, 700 ORLEANS ON THE 2ND FLOOR Public Comments (Persons are limited to three minutes) Rev. Dwight Benoit 7970 Windcastle Dr. Beaumont TX Spoke regarding several residents in the North End area that have lost everything due to the surge of 4 to 5 feet of water in their homes due to Hurricane Ike, asked that Council try and help these citizens with some type of assistance and give them an opportunity to better their homes Page 10 of 12 Minutes-November 18,2008 Artie Smith 395 Fletcher Beaumont TX Requested help to get a trailer due to his home being damaged from Hurricane Ike Reginald Dean 9720 Arkansas Beaumont TX Addressed Council on behalf of his parents whose home was flooded due to Hurricane Ike, asked that the city give senior citizens who have damaged homes some sort of living assistance Horace Terry 4865 Bolivar Beaumont TX Posed questions in relation to raising a damaged home in a flood zone and on the possibility of the city buying out the damaged homes Arbie Adams 4685 Doris Lane Beaumont TX Spoke on behalf of her father regarding his home at 470 East Delaware that was damaged by the recent hurricane Carl Mason 460 East Delaware Beaumont TX Voiced complaints regarding the options given to homeowners whose homes are in the flood plain that were flooded in the hurricane Bruce Hoffer 2615 Gladys Beaumont TX Announced that 128 soccer games were played on Sunday, November 16, 2008, and that playoff games were upcoming, reminded everyone that the fields are maintained by private donations and contributions, complimented the hike and bike trail, stated that there is a rut that needs to be filled in, urged Council to pay the City Clerk and Assistant City Attorney more money, reported potholes on South Street and requested that they be repaired Open session of meeting recessed at 4:40 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Tina Lewallen vs. the City of Beaumont Curtis Guillory vs. the City of Beaumont April Gentry vs. the City of Beaumont Claim of Donald Jackson There being no action taken in Executive Session, Council adjourned. Page 11 of 12 Minutes-November 18,2008 Audio available upon request in the City Clerk's Office. &Zib�&1,42 �p. p Be ky Ame ayor UM � Q, � t •• , Tina Broussard, City Clerk �1 r Page 12 of 12 Minutes-November 18,2008