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HomeMy WebLinkAboutMIN AUG 17 2010 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr., Mayor Pro Tom BECKY AMES, MAYOR Gethrol Williams-Wright,At-Large Dr.Alan B.Coleman,Ward I CITY COUNCIL MEETING Nancy Beaulieu,Ward 11 Audwin Samuel, Ward III August 17,2010 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 August 17, 2010, 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/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Big Jim Salles of West End Baptist Church gave the invocation. Mayor Ames led the Pledge of Allegiance. Roll call was made by Stephanie Gandy, Deputy City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Pate, Councilmembers Coleman, Beaulieu, Wright, Samuel and Smith. Absent:Tyrone Cooper, City Attorney and Tina Broussard, City Clerk. Also present were Kyle Hayes, City Manager; Quentin Price, First Assistant City Attorney; Stephanie Gandy, Deputy City Clerk. Proclamations, Presentations, Recognitions "Bronze Leadership Circle Award" - Presented by Mayor Ames to Laura Clark, Chief Financial Officer. The City earned the award for implementing financial transparency. The award was presented to Mayor Ames by Texas Comptroller Susan Combs when she was in town last Wednesday. Public Comment: Persons may speak on scheduled agenda items 1/Consent Agenda. None CONSENT AGENDA Approval of minutes - July 10, 2010 Confirmation of committee appointments - None Councilmember Beaulieu made a motion to approve the Consent Agenda. Mayor Pro Tem Pate seconded the motion. Minutes-July 17,2010 AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider authorizing the City Manager to execute Amendment No. 2 to the Interlocal Agreement with Jefferson County Drainage District No. 6 for the Cartwright/Corley Relief Project. Administration recommended City Council authorize the City Manager to Execute Amendment No. 2 to the Interlocal Agreement with Jefferson County Drainage District No. 6 for the Cartwright/Corley Relief Project. In May 2006, City Council approved an Inerlocal Agreementwith Drainage District No.6 for the Cartwright/Corley Relief Project. This project includes the construction of several detention facilities near 11 th and Cartwright and improvements to the underground drainage systems on Corley and Blanchette Streets. The District was awarded a Flood Mitigation Assistance(FMA)Grant from FEMA for 75%of the project costs.The estimated cost of the Project is $4,750,000. The City applied and received a grant from the Texas Department of Rural Affairs in February 2010. Under the terms of the agreement, the City would be reimbursed for 100% of the project costs, not to exceed $1.75 million. Funds for the City's share of the project are available in the Capital Program. Councilmember Smith moved to APPROVE A RESOLUTION THAT CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AMENDMENT NO. 2 TO THE INTERLOCAL AGREEMENT WITH JEFFERSON COUNTY DRAINAGE DISTRICT NO.6 FOR THE CARTWRIGHT/CORELY RELIEF PROJECT. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 10 - 215 2. Public Hearing: Receive comments on a proposed agreement with the Texas Department of Transportation to receive State Public Transportation Funds for the Beaumont Municipal Transit System. Public Hearing Open: 1:41 p.m. Page 2 of 9 Minutes-July 17,2010 Public Hearing Closed: 1:42 p.m. Consider approval of a resolution authorizing the City Manager to execute an agreement with the Texas Department of Transportation to receive State Public Transportation Funds. City Council annually authorizes the City Manager to execute a contract with the Texas Department of Transportation for the City to receive State Public Transportation Funds. These funds are used towards the City's local share of operating costs for the Beaumont Municipal Transit System. The City is scheduled to receive $392,446 in State Public Transportation funds. State funding , totaling $392,446,will fund part of the estimated local share of$1,861,200 to operate the Beaumont Municipal Transit System for FY 2011. Mayor Pro Tern Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A STATE/LOCAL URBAN PUBLIC TRANSPORTATION FISCAL YEAR 2011 PROJECT GRANT AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE CITY OF BEAUMONT TO RECEIVE STATE PUBLIC TRANSPORTATION FUNDS IN THE AMOUNT OF $392,446 TO ASSIST IN OPERATING COSTS FOR THE BEAUMONT MUNICIPAL TRANSIT SYSTEM. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 10 - 216 3. Public Hearing: Receive comments on a proposed ordinance declaring 17 structures to be dangerous structures and ordering their demolition. Public Hearing Open: 1:42 p.m. Public Hearing Closed: 1:43 p.m. Consider approving a resolution declaring 17 structures to be dangerous structures and ordering their demolition. Administration recommended approval. The Texas Department of Housing and Community Affairs(TDHCA)has approved the use of Community Development Block Grant Disaster Recovery funding for the demolition and clearance of residential properties that were damaged as a result of Hurricane Ike and are now uninhabitable. These structures have been inspected and have been determined to be unsafe and dangerous and contributing to slum and blight.The owners of these properties have signed a Demolition Consent form for the City to demolish their damaged structure. Page 3 of 9 Minutes-July 17,2010 Funding will be awarding through a grant with TDHCA, with no local match. Councilmember Wright made a motion to APPROVE A RESOLUTION APPROVING THE DEMOLITION AND CLEARANCE OF SEVENTEEN (17) RESIDENTIAL PROPERTIES THAT WERE DAMAGED AS A RESULT TO HURRICANE IKE. THE TEXAS DEPARTMENT FOR HOUSING AND COMMUNITY AFFAIRS WILL ALLOCATE FUNDING FOR THE ACTIVITIES. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 10 - 217 WORKSESSION Review and discuss the designation of a city representative to apply for a license from the Texas Alcoholic Beverage Commission for the Henry Homberg Golf Course Jim Thompson, Parks and Recreation Director, requested that consideration be given to selling alcoholic beverages at Henry Homberg Golf Course, similar to the beverage services offered by other golf courses. The Parks and Recreation Department operates the golf course as an enterprise, and its staff believes that such sales will allow the Henry Homberg Golf Course to be more competitive, as well as enhance its opportunities to host tournaments. Mr. Thompson stated that while there is no conflict with existing City codes, in that alcoholic beverages are currently allowed at the golf course, the City does not have the State license necessary to allow it to make such sales. The State is requesting that a representative be designated to follow up on the application and subsequently manage the license. The cost of the license for a two-year period is $995.00. The golf course should generate additional revenues from increased tournaments and make the operation more self-sufficient. Receive a request from the Beaumont Housing Authority related to a tax credit application for Lucas Gardens located at 3795 E. Lucas Robert Reyna, Executive Director of Beaumont Housing Authority, addressed Council regarding their requested$1.55 million 9%Tax Credit Application for Lucas Gardens. This would enable the apartments to be demolished and rebuilt to house those 55 years of age and up that are of low to moderate income. Mr. Reyna stated that, in lieu of a loan commitment, if the City will commit to participation by moving up the Capital Projects scheduled work for that area, the application can be approved. The work that will be needed is sidewalk upgrades, lighting upgrades and a crosswalk for the seniors. The cost that the City will be spending out of the Capital Projects Fund will be documented to meetthe matching funds threshold that is needed to be awarded this tax credit. Page 4 of 9 Minutes-July 17,2010 Mayor Ames announced that there would be a worksession regarding home daycare providers at the next City Council Meeting on Tuesday, August 24, 2010. COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH- THANKED CITY MANAGER KYLE HAYES,COUNCILMEMBERS COLEMAN AND BEAULIEU FOR THEIR ASSISTANCE AT THE SCHOOL SUPPLY DRIVE,IT WAS A VERY SUCCESSFUL EVENT AND SEVERAL FAMILIES WERE HELPED, ANNOUNCED A PRAYER VIGIL TO BE HELD AT THE L. L. MELTON FAMILY LIFE CENTER ON THURSDAY, AUGUST 19, 2010, AT 5:30 P.M. COUNCILMEMBER SAMUEL- NONE MAYOR PRO TEM PATE- AN OP-ED PIECE BY KATHLEEN PARKER GAVE LAMAR UNIVERSITY AN "A" RATING, WHILE HARVARD RECEIVED A 6'Dppp THE PIECE CITED HOW LAMAR WAS A GREAT UNIVERSITY COMPARED TO THE IVY LEAGUE SCHOOLS IN REGARDS TO COST,ANNOUNCED THE 8"'ANNUAL TASTING FOR SOME OTHER PLACE,AT THE CIVIC CENTER TONIGHT FROM 5:00 P.M.TO 7:30 P.M. COUNCILMEMBER WRIGHT- VISITED HARVEST FOR LOST SOULS' NEW YOUTH EMPOWERMENT CENTER, WAS VERY IMPRESSED WITH THE FACILITY AND PROGRAMS, ALSO IMPRESSED WITH THE AFTER TAIL-GATE PARTIES THAT WILL BE HELD AFTER FOOTBALL GAMES UNTIL MIDNIGHT, PLEASED WITH THE INVOLVEMENT AT THE L. L. MELTON FAMILY LIFE CENTER, ENCOURAGED EVERYONE TO CONTRIBUTE TO OUR COMMUNITY AND TO DONATE MORE THAN JUST AT THE HOLIDAYS, ANNOUNCED THE BIRTH OF HER NEW GRANDDAUGHTER,WHO WAS BORN YESTERDAY COUNCILMEMBER$EAULIEU- CONGRATULATED COUNCILMEMBERWRIGHTON THE BIRTH OF HER NEW GRANDDAUGHTER, MENTIONED THE ENGAGEMENT OF COUNCILMEMBER SAMUEL'S DAUGHTER AND THE UPCOMING WEDDING OF COUNCILMEMBER COLEMAN'S SON,COMMENTED ON THE GROWING FAMILIES, WISHED COUNCILMEMBER SMITH A BELATED HAPPY BIRTHDAY, ACKNOWLEDGED THE GREAT WORK DONE BY LAURA CLARK AND HER TEAM,ALSO READ THE PIECE ABOUT LAMAR UNIVERSITY AND WAS VERY PROUD OF DR.SIMMONS AND HIS STAFF FOR ACHIEVING THE"A" RATING COUNCILMEMBER COLEMAN- NONE CITY ATTORNEY COOPER- ABSENT Page 5 of 9 Minutes-July 17,2010 CITY MANAGER HAYES- ADDRESSED THE HOME DAYCARE ISSUE,ACKNOWLEDGED THAT IT IS A VERY SENSITIVE ISSUE AND WANTED TO BRING EVERYONE UP TO DATE ON WHERE THE SITUATION STANDS, STATING THAT THE CITY REQUIRES THAT THE SIXTEEN HOME DAYCARE'S OPERATING IN THE CITY COME UP TO COMPLIANCE WITH HEALTH, SAFETY AND ZONING CODES, THERE HAVE BEEN NO CHANGES TO CITY ORDINANCES AND THOUGH THESE FACILITIES MAY BE IN COMPLIANCE WITH THE STATE,THEY ARE NOT OPERATING WITH A CERTIFICATE OF OCCUPANCY AS REQUIRED BY CITY ORDINANCE, VARIOUS INSPECTORS HAVE GONE OUTTO THE FACILITIES AND THOSE HOME DAYCARE'S THAT WERE NOT IN COMPLIANCE WERE TOLD TO REDUCE THE NUMBER OF CHILDREN IN THEIR CARE TO FIVE OR LESS BY FRIDAY, AUGUST 27, 2010, ANNOUNCED THAT THERE WILL BE A WORKSESSION HELD REGARDING THIS SUBJECT ON TUESDAY,AUGUST 24,2010 MAYOR AMES- CONGRATULATED PASTOR LARRY HAWTHORNE OF GREATER GOOD HOPE BAPTIST CHURCH ON THE 92ND ANNIVERSARY OF THE CHURCH WHICH SHE PARTICIPATED IN Public Comments (Persons are limited to three minutes) Charlie Crabbe 928 East Drive Beaumont TX Stated that he is a co-owner of a home at 2420 Laurel in the Historic District, concerned that he received a summons regarding code enforcement, feels that the summons should have been sent to the family renting the property and not to the landlord Kerry Avie 3035 Elinor Beaumont TX Religious comments Norris Batiste 2720 Edmond Beaumont TX Praised Council on keeping the citizens informed and the projects that are going on throughout the city, requested that there be two sidewalks installed at Ozen High School on the Sutherland and Fannett sides Shirley Chachere-Young 3275 Ashwood Ln Beaumont TX Owner and operator of a registered childcare home since 1998, stated that she was not made aware of the need to follow any city rules so long as the state laws were followed, asked for the City to negotiate with the sixteen childcare home operators Velda Biglow 5380 Ada Beaumont TX Page 6 of 9 Minutes-July 17,2010 Owner and operator of a registered childcare home since 1991, does not understand why a separate kitchen is necessary in her home, feels the city code is unfair, the children she cares for are important to her and believes that it is unfair to have to turn them away Tiffany Smith 2410 Louisiana St Beaumont TX Owner and operator of a registered childcare home, stated that she is the one that brought all sixteen of the childcare homes to the attention of the city, believes that she is the reason that the other ladies businesses are being scrutinized Linda Winn 3320 Ashwood Ln Beaumont TX Owner and operator of a registered childcare home since 2003, feels that what the City is asking of her is neither right nor good, stated that she does not have the space or the funds to install an additional kitchen or commercial appliances nor does she understand how that will keep children safer Patricia Cassimere 4295 Fonville St Beaumont TX Owner and operator of a registered childcare home since 1990, enjoys what she does and has never had any problems with any city codes or ordinances until now, stated that she tries to keep a Christian environment for the children in her care, feels that the city ordinance is unfair Ana Cooper 5550 Folsom Dr Beaumont TX Protests the city ordinance regarding childcare homes in support of her mother who is an owner and operator of a childcare home Lynn Freeman 1480 Robert Beaumont TX Spoke in support of his sister who is a childcare home provider Tiffany Hope 4075 Laurel Beaumont TX Addressed Council as a parent of a child who attends a childcare home,asked that Council please reconsider the ordinance Donna Moffitt 1695 Reynolds Rd Beaumont TX Owner and operator of a registered childcare home,understands and appreciates the City's standards for the health and safety of our children, asked that Council reconsider the very stiff regulations on the buildings and the number of children that can be served in a childcare home Angela Hill 8860 Laura Ln Beaumont TX Stated that her daughter, now three, has been in a childcare home since she was six months old, feels that the City should reach some sort of compromise with the childcare home owners Page 7 of 9 Minutes-July 17,2010 Christina O'Neal 2255 Glendale St Beaumont TX Spoke in support of the sixteen childcare homes, concerned for the care of her children should the childcare home her son attends and her new daughter will attend close down, parents of children who will be turned away face being put on long waiting lists at other childcare facilities, hopes that some sort of compromise can be reached Traci Rocio 3875 Travis Dr Beaumont TX Asked that Council reconsider the regulations regarding childcare homes, fears that her children will not have adequate care should some sort of compromise not be reached Kenyatta Frazier 156 Briggs Beaumont TX Addressed Council regarding childcare homes, stated that her daughter has been on a waiting list to attend and was just accepted, asked that something please be done to let these women continue their childcare businesses without such difficult regulations Tamara Spikes 6060 Bedford Beaumont TX Spoke in support of Velda Biglow as a single parent with three sons who are cared for in a childcare home, praised the care that her children receive, as a law enforcement officer she feels that she cannot perform her duties when she is having to worry about the care of her children, feels her children need to be in a home environment daycare is vital and begs that Council reconsider the regulations April Miles 6975 Chinn Ln Beaumont TX Stated that all three of children are enrolled in a childcare home, doesn't know what she will do for affordable and adequate childcare if the City enforces these regulations which she feels are impossible to comply with in two weeks With there being no further business, Council adjourned at 3:15 p.m. EXECUTIVE SESSION - Postponed Consider matters related to contemplated or pending litigation in accordance with Section 551:071 of the Government Code: Keith Breiner v. City of Beaumont dio available upon request in the City Clerk's Office. fecky A16-evlayor Step anie Gandy, Deputy P Clerk ya Page 8 of 9 Minutes-July 17,2010