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HomeMy WebLinkAboutMIN DEC 06 2011 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr.,At-Large BECKY AMES, MAYOR Gethrel Wright,At-Large Dr.Alan B.Coleman,Ward 1 CITY COUNCIL MEETING Michael D.Getz,Ward II Audwin Samuel,Ward 111 December 6,2011 Jamie Smith, Mayor Pro Tom 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 December 6, 2011, 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 4-9/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Reverend Louis Vaughn with Antioch 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 Smith, Councilmembers Coleman, Getz, Wright and Pate. Absent: Councilmember Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Councilmember Samuel was absent due to work. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled agenda items 4-9/Consent Agenda. None CONSENT AGENDA Approval of minutes — November 22, 2011 Confirmation of committee appointments — Resolution 11 - 328 Shani Daigle would be appointed to the Community Development Advisory Committee. The term would commence December 6, 2011 and expire December 5, 2013. (Councilmember Audwin M. Samuel) Minutes—December 6,2011 Thomas Sigee would be appointed to the Historic Landmark Commission. The term would commence December 6, 2011 and expire December 5, 2013. (Councilmember Audwin M. Samuel) Irmalyn Thomas would fill the unexpired term of Belashia Wallace on the Police Department Community Advisory Committee. The term would commence December 6, 2011 and expire January 10, 2013. (Councilmember Audwin M. Samuel) — Resolution 11 - 329 Charles Taylor would be reappointed to the Community Development Advisory Committee. The current term would expire September 21, 2013. (Councilmember Audwin M. Samuel) Bill Bianchi would be reappointed to the Convention and Tourism Advisory Board. The current term would expire October 27, 2013. (Councilmember Audwin M. Samuel) Arthur Berry would be reappointed to the Convention and Tourism Advisory Board. The current term would expire October 30, 2013. (Councilmember Mike Getz) Glenn Bodwin would be reappointed to the Planning and Zoning Commission. The current term would expire August 31, 2012. (Councilmember Audwin M. Samuel) Charles Taylor would be reappointed to the Small Business Revolving Loan Fund Board. The current term would expire September 21, 2013. (Councilmember Audwin M. Samuel) Christina Howard would be reappointed to the Library Commission. The current term would expire November 19, 2013. (Councilmember W.L. Pate, Jr.) A) Authorize the Mayor to sign documents necessary for the City of Beaumont to receive funding through the Department of Homeland Security Grant Program—Resolution 11 - 330 B) Approve a one year renewal contract with Carolyn C. Chaney &Associates, Inc. to act as the City of Beaumont's Washington Assistant— Resolution 11 - 331 C) Approve a contract for the purchase of automotive filters for use by the Fleet Division — Resolution 11 - 332 E) Authorize the acquisition of properties for the Concord Road Pavement Widening Project located at 5418 Concord Road, 5600 Block Concord Road and 5695 Concord Road — Resolution 11 -334 F) Authorize the acquisition of property for the Concord Road Pavement Widening Project located at 5525 Concord Road — Resolution 11 — 335 G) Adopt a resolution casting the City's votes (465) for C. L. Sherman to the Board of Directors of the Jefferson County Appraisal District— Resolution 11 - 336 H) Approve the proposed Code of Ethics for Juvenile Case Managers, Pre-Service and In- Service Recommendations and Pre-Service and In-Service Training Requirements — Resolution 11 - 337 Minutes—December 6,2011 1) Authorize the acceptance of a ten foot wide Exclusive Water Line Easement located at 3705 East Lucas Drive— Resolution 11 - 338 J) Authorize the acceptance of a twenty foot wide Drainage Easement and a fifty foot wide Drainage and Utility Easement for the proposed West Chase Village Subdivision Section 10 located on Village Drive — Resolution 11 - 339 K) Approve an amendment to an existing agreement with CenturyTel Fiber Company 11, LLC forthe additional placement of fiber optic cable in the public right-of-way—Resolution 11 - 340 L) Adopt a policy prohibiting the use of force by law enforcement— Resolution 11 - 341 Councilmember Pate made a motion to approve the Consent Agenda. Councilmember Wright seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT AND PATE NAYS: NONE MOTION PASSED D) Authorize the acquisition of properties for the Concord Road Pavement Widening Project located at 6060 Concord and 0.1585 acre located on Concord Road at Dowlen Road — Resolution 11- 333 Councilmember Pate made a motion to approve the Consent Agenda. Mayor Pro Tern Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SMITH, COUNCILMEMBERS GETZ, WRIGHT AND PATE NAYS: NONE ABSTAIN: COUNCILMEMBER COLEMAN MOTION PASSED GENERAL BUSINESS 1. Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling- Highest Density) District to NC (Neighborhood Commercial) District at 7102 Phelan. Administration recommended approval of the zone change. Scott Gittinger has applied for a zone change. Minutes—December 6,2011 Mr. Gittinger states that the formerly existing dilapidated structure on the property has been demolished and the property cleared. He would like to construct an office building that would be occupied by a mortgage company and a beauty shop. Mr. Gittinger states that he has tried to purchase the property to the west and north but the title cannot be cleared for financing. Fifty feet east of the subject property is NC zoning. Approximately 110 feet west is a dentist office with a specific use permit in a RM-H District. Mr. Gittinger says that he has spoken with the property owner to the east and she hopes to eventually rezone her property to NC and build a day spa. The Comprehensive Plan designates the subject and surrounding properties as a Community Center. A Community Center is defined as a commercial district that includes shopping centers, high schools, office complexes and higher density residential development. At a Joint Public Hearing held November 21, 2011, the Planning Commission recommended approval 8:0 of a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to NC (Neighborhood Commercial) District at 7102 Phelan. Councilmember Wright moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS,BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)DISTRICT TO NC(NEIGHBORHOOD COMMERCIAL)DISTRICT AT 7102 PHELAN BOULEVARD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Getz seconded the motion. AYES: MAYOR ANTES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT AND PATE NAYS: NONE MOTION PASSED Ordinance 11 - 089 2. Consider a request for a zone change from RS(Residential Single Family Dwelling) District to RM-M(Residential Multiple Family Dwelling-Medium Density) District and a spec use permit to allow for the expansion of Nutrition and Services for Seniors, including office space, senior center, storage and parking in an RM-M (Residential Multiple Family Dwelling-Medium Density) District at 4520 Concord Road. Administration recommended approval of the zone change and the specific use permit. Elaine Schellenberger, representing Nutrition and Services for Seniors, has applied for a zone change and specific use permit. Minutes—December 6,2011 Ms. Schellenberger states that Nutrition and Services for Seniors is proposing to purchase Jeremiah Missionary Baptist Church at the northwest corner of Concord and Travis. Nutrition and Services for Seniors would like to use the existing building for additional office space, a senior center and storage. The existing parking on the property would help alleviate a parking shortage that currently exists. At a Joint Public Hearing held November 21, 2011, the Planning Commission recommended approval 8:0 of the zone change from RS to RM-M and a specific use permit to allow for the expansion of Nutrition and Services for the Elderly, including office space, senior center, storage and parking in an RM-M District at 4520 Concord Road. Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEUAMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT TO RM-M(RESIDENTIAL MULTIPLE FAMILY DWELLING-MEDIUM DENSITY) DISTRICT AT 4520 CONCORD ROAD,CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Mayor Pro Tern Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT AND PATE NAYS: NONE MOTION PASSED Ordinance 11 —090 Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW FOR THE EXPANSION OF NUTRITION AND SERVICES FOR SENIORS, INCLUDING OFFICE SPACE, SENIOR CENTER, STORAGE AND PARKING IN A RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING-MEDIUM DENSITY)DISTRICT AT 4520 CONCORD ROAD IN THE CITY OF BEUAMONT,JEFFERSON COUNTY,TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEM13ERS COLEMAN,GETZ, WRIGHT AND PATE NAYS: NONE MOTION PASSED Ordinance 11 — 091 3. Consider a request for a specific use permit to allow a drinking place in a GC-MD(General Commercial-Multiple Family Dwelling) District at 5010 College Street. Minutes—December 6,2011 The Administration recommended approval subject to the following conditions: 1. Provide nine parking spaces including one ADA parking space (based upon 450 sq. ft. of customer service area) or get a special exception to the parking requirement from the Board of Adjustment. 2. The property owner will need to verify that the sanitary sewer service is not crossing private property to get to the City sanitary sewer main. Nasrullah Hussain and his son have applied for a specific use permit. Mr. Hussain states that the drive-thru beverage store will serve wine based drinks that are flavored with various syrups so that the drink tastes like "real" frozen drinks such as pina coladas, strawberry daiquiris and long island ice teas. Once the beverages are mixed,they are placed in a machine to the make the beverage "frozen". Mr. Hussain operates a similar store in Orange. In 2004, City Council approved a specific use permit to allow a similar establishment at 5405 College (southwest corner of College and Chamberlin). At a Joint Public Hearing held November 21, 2011, the Planning Commission recommended approval 6:2 of the specific use permit subject to the following conditions: 1. Provide nine parking spaces including one ADA parking space(based upon 450 sq. ft. of customer service area) or get a special exception to the parking requirement from the Board of Adjustment. 2. The property owner will need to verify that the sanitary sewer service is not crossing private property to get to the City sanitary sewer main. Mayor Pro Tern Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 5010 COLLEGE STREET IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Coleman Seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT AND PATE NAYS: NONE MOTION PASSED Ordinance 11 — 092 4. Consider the abandonment of a 701.3' section of Jones Street running from the west right of way line of Wescalder. Administration recommended denial of the abandonment. Minutes—December B,2011 Wade Graham has applied for the abandonment. Jones Street, as platted,extends west of Wescalder a distance of approximately 4,100 feet with approximately 1,100 feet of that being within the City. The most westerly end of Jones Street dead-ends at a-drainage canal. Along its entire distance, no other north/south street and/or right-of-way intersects with Jones Street except for Wescalder. To abandon the most easterly 701'of Jones will cut off access to properties to the west. According to staff research, the only access for four property owners is Jones Street. All other property owners along Jones Street have access to other streets. Mr. Graham owns the property immediately south of the subject property. He states that he has improved and maintained the right-of-way over the years. He says that the City has partially mowed the right-of-way once a year. This item was sent to all interested parties. No negative responses have been received. However, DD #6 has stated that since it owns the property to the north, it will obtain the north 25' of the right-of-way. It will need to retain an additional 10' drainage easement beyond the 25'. At a Regular Meeting held November 21, 2011, the Planning Commission recommended denial 8:0 of the abandonment. Councilmember Coleman made a motion to DENY AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING A 701.3'SECTION OF JONES STREET FROM THE WEST RIGHT-OF-WAY LINE OF WESCALDER ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT AND PATE NAYS: NONE MOTION DENIED 5. Consider amending the FY 2012 budget to appropriate additional funds for a one-time payment for all full-time civilian employees. Administration recommended that Council amend the FY 2012 Budget to appropriate additional funds for a larger one-time payment to civilian employees in the General Fund, Water Fund, Solidi Waste Fund, Fleet Fund, Hotel Occupancy Fund, and the Henry Homberg Golf Course Fund than what was originally budgeted. On September 6, 2011, Council approved the FY 2012 Budget,which included a one-time $500 payment for each civilian full-time employee. Because Police and Fire employees are paid in accordance with their respective collective bargaining agreements, they are not included in the one-time payment. When preparing the FY 2012 Budget, it was anticipated that the ending fund balance in the General Fund for the year ending September 30, 2011, would be just over $27 Million, but the fund balance is estimated at $28.7 Million or $1.7 Million more than anticipated as of the end of October. This was due to the overall diligence of departments and their employees in maintaining their budgets resulting in Minutes—December 6,2011 overall expenditures being less than expected coupled with sales tax and other revenues actually being above what was estimated. The Water Utilities Fund, Solid Waste Fund, Fleet Fund and Hotel Occupancy Fund also began FY 2012 with fund balances greater than that anticipated in the FY 2012 Budget by amounts ranging from $1.1 Million to $51,500. Once again, these greater balances were due to diligence in holding expenditures and additional revenues. Based on these additional funds being available, the Administration is recommending the $500 payment be increased to $1,200 for each full-time civilian employee and full-time appointed officials, including the City Manager, City Attorney, City Clerk and Chief Magistrate. The proposed one-time payment would equate to about 3% of the median employee salary of$36,500. The proposed appropriation would be allocated as follows: Fund: Proposed Amendment General Fund $ 515,000 Water Fund 119,800 Solid Waste Fund 51,100 Fleet Fund 29,100 Hotel Occupancy Tax Fund 8,400 Henry Homberg Golf Course Fund 1.900 Total Amendment $ 725,300 The total,budgetary impact to all funds is$725,300. There is sufficient fund balance and/or additional revenues to cover the increase in the one-time payment. COuncilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2012 TO APPROPRIATE ADDITIONAL FUNDS IN THE GENERAL FUND,WATER FUND,SOLID WASTE FUND,FLEET FUND, HOTEL OCCUPANCY FUND, AND THE HENRY HOMBERG GOLF COURSE FUND TO PROVIDE COMPENSATION PAYMENT FOR FULL TIME CIVILIAN EMPLOYEES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Mayor Pro Tern Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT AND PATE NAYS: NONE MOTION PASSED Ordinance 11 - 093 6. Consider authorizing the City Manager to amend the Neighborhood Stabilization Program contract with the Texas Department of Housing and Community Affairs to allow for an increased funding amount and to extend the contract deadline. Administration recommended approval. Minutes—December 6,2011 In June,.2009, the City applied for and received an award of approximately$900,000 for the Neighborhood Stabilization Program (NSP). The Neighborhood Stabilization Program (NSP) is a HUD-funded program authorized by the "Housing and Economic Recovery Act of 2008"(HERA), as a supplemental allocation to the Community Development Block Grant (CDBG) Program.The purpose of the program is to acquire and encourage redevelopment of foreclosed, abandoned and blighted properties in order to stabilize neighborhoods and stem the decline of house values of neighboring homes. This program offers a variety of eligible activities, including demolition of properties, establishing land banks for foreclosed properties and the rehabilitation and selling of properties to provide affordable housing. To date, the City has demolished thirty-eight (38) homes in the North End and, working with its partners, Legacy Community Development Corporation (CDC) and the Texas Department of Housing and Community Affairs (TDHCA), has acquired nine (9) homes in the North End that remained unfinished from a prior TDHCA program. Eight houses are currently being rehabilitated for sale to low-to-moderate income residents and one unit will be offered for rent by Legacy CDC. Because of the complexity of completing the partially- constructed homes, TDHCA is providing additional time and funding to complete the project. With the additional funding, the grant amount will be $1,474,758.18 and the deadline will be extended to July 1, 2012. Funds would be available through this grant, with no required local match. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AMENDMENT TO THE CONTRACT WITH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS(TDHCA)TO EXTEND THE CONTRACT DEADLINE TO JULY 1,2012 AND TO ALLOW FOR AN INCREASED FUNDING AMOUNT OF$574,788.18, FOR A TOTAL GRANT AMOUNT OF$1,474,758.18. Councilmember Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 11 - 342 7. Consider approving a contract for management of the Beaumont Municipal Transit System. Administration recommended the award of a three-year contract to CCL Management, Inc. (CCL) of Jacksonville, Florida for an estimated total of$571,500 over the three year term. The Beaumont Municipal Transit system currently operates a fleet of eighteen (18) buses, eleven (11) paratransit vans, and five (5) service vehicles. CCL has managed the Beaumont Municipal Transit (BMT) system since 1974. A Request for Proposal (RFP)was sent to five (5) potential responders and posted on the City website. Two (2) responses were received. Both responses were evaluated according to the criteria provided in the RFP. CCL received the higher score. Minutes—December 6,2011 The contract provides for a term of three (3) years with two (2) successive one-year extensions at the following pricing structure: Price Structure Year 1 Year 2 Year 3 Year 4 Year 5 Management Fee $40,000 $40,000 $40,000 $40,000 $40,000 General Manager 69,000 70,500 72,000 73,500 75,000 Accounting Services 24,000 24,000 24,000 24,000 24,000 Payroll Services 4,000 4,000 4,000 4,000 4,000 Purchasing Services 6,000 6,000 6,000 6,000 6,000 Travel Costs 6,000 6,000 6,000 6,000 6,000 Other Indirect Costs 1 40,000 40,000 40,000 40,000 40,000 Total 1 $189,000 $190,500 $192,000 $1931500 $195 000 Other Indirect Costs include pension administration, group insurance administration, and provision of computers and associated software, along with overhead costs. Funds for this expenditure are budgeted in the Municipal Transit Fund. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH CCL MANAGEMENT, INC. OF JACKSONVILLE,FLORIDA,FOR THE MANAGEMENT OF THE BEAUMONT MUNICIPAL TRANSIT SYSTEM. Mayor Pro Tem Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 11 -343 8. Consider approving a resolution accepting the Downtown Brick Paved Sidewalks and Drainage Improvements Project, approving Change Order No. 5 and authorizing the final payment. Administration recommended approval. On November 4, 2008, City Council awarded Brystar Contracting, Inc. the contract for the Downtown Brick Paved Sidewalk and Drainage Improvements Project in the amount of $8,595,437.53. The project improvements included the following areas: Park from Crockett to College, Neches from Liberty to College, North Pearl from Calder to North Street, College from Neches to Pearl, Wall from Neches to Orleans, Forsythe from Neches to Pearl, Fannin from Neches to Orleans, Bowie from Neches to Pearl, Liberty from Magnolia to Pearl, and Broadway from Magnolia to Pearl. Change Order No. 5 in the amount of$62,461 is required to adjust quantities actually used during the performance of the project.A final payment will be made to the contractor in the amount of$508,264.13. Minutes-December 6,2011 The MBE participation for this project has been met by subcontracting portions of the project to Crabtree Barricade Systems in the amount of$78,439, Kellyston Pavers in the amount of $705,483.82, Wholesale Electric in the amount of $1,068,264.12 and L.D. Construction in the amount of$686,899.50 totaling$2,539,086.44,which represents 26.1% of the contract. Funds are available through the Capital Program. Mayor Pro Tern Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 5 FOR ADDITIONAL WORK, THEREBY INCREASING THE CONTRACT AMOUNT BY$62,461 FOR A TOTAL CONTRACT AMOUNT OF $9,785,282.83; AND TO MAKE FINAL PAMENT IN THE AMOUNT OF $508,254.13 TO BRYSTAR CONTRACTING, INC., FOR THE DOWNTOWN BRICK PAVED SIDEWALKS AND DRAINAGE IMPROVEMENTS PROJECT. Councilmember Pate seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 11 - 344 9. Consider authorizing the use of eminent domain proceedings to condemn properties for the Concord Road Pavement Widening Project located at 5170 Concord Road, 4495 Treadway, 5850 Eastex Freeway and 5852-5896 Eastex Freeway. As part of the Concord Road Pavement Widening Project, approximately sixty-two (62) parcels of land from East Lucas to Highway 105 needed to be acquired. The property owners listed below have refused to accept the appraised value for their property. All properties were re-appraised by Bishop Real Estate Appraisers with no changes to the value: 1) 0.0259 acre out of Lot 27, Block 3, French Heights Addition Address: 5170 Concord (Parcel 13) Owner: Paula K. Doyle Appraised Value: $4,995.00 2) 0.1773 acre situated in F. Bigner Survey, Abstract No. 1 Address: 4495 Treadway (Parcel 35) Owner: Kevin James Wilson Appraised Value: $11,000.00 3) 0.1467 acre situated in F. Bigner Survey, Abstract No. 1 Address: 5850 Eastex Freeway (Parcel 42) Owner: Target Appraised Value: $57,000.00 Minutes—December 6,2011 4) 0.2385 acre situated in F. Bigner Survey, Abstract No. 1 Address: 5852 - 5896 Eastex Freeway (Parcel 47) Owner: Eastex Ventures #6050 Appraised Value: $123,100.00 Senate Bill 18 (SB 18) was passed into law during the Texas 82nd Regular Legislative Session and became effective September 01, 2011. SB 18 amends Texas law with the stated purpose of making the eminent domain process fairer for property owners. It is necessary for the City of Beaumont to amend Resolution No. 11-173 approved on June 21, 2011 and Resolution No. 11-205 passed on July 26, 2011 to comply with Senate Bill 18 as it relates to revisions of the Texas Property Code. In order to initiate the acquisition of this property by eminent domain,the City Council must authorize the acquisition at a public meeting by record vote. As part of the Concord Road Pavement Widening Project, these four (4) parcels need to be acquired. Funds are available in the Capital Program. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL FOR THE CITY OF BEAUMONT AUTHORIZE THE USE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE PROPERTY LOCATED AT 5170 CONCORD,4495 TREADWAY, 5850 EASTER FREEWAY AND 5852- 5896 EASTEX FREEWAY FOR THE PUBLIC PURPOSE OF LOCATING,CONSTRUCTING,WIDENING AND MAINTAINING CONCORD ROAD IN BEAUMONT, TEXAS. Mayor Pro Tern Smith seconded the motion. Roll call vote: Mayor Ames —Yes Councilmember Wright - Yes Mayor Pro Tern Smith —Yes Councilmember Pate - Yes Councilmember Coleman —Yes Councilmember Getz - Yes MOTION PASSED Resolution 11 - 345 10. Consider approving the purchase of five patrol vehicles for use by the Police Department. Administration recommended approval of the purchase from Philpott Motors of Nederland in the amount of$133,928. Pricing for the equipment was obtained through the Houston-Galveston Area Council. H- GAC is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with the State of Texas procurement statutes. The purchase price of$133,928.00 includes the H- GAC administrative fee of$600. Minutes—Deoember 6,2011 The Police Department's Patrol Division is in need of additional vehicles to bring the patrol fleet to an adequate level due to several factors. First, overlapping shifts within the Patrol Division will sometimes result in a shortage of vehicles for patrol. Also, organizational changes have resulted in reassignment of some units previously designated for patrol. Finally, the current reserve of units is not sufficient to cover units that are unavailable due to accidents, repairs and routine maintenance. The new vehicles are 2011 Ford Crown Victorias with the police package. Standard warranties of 36,000 miles or three (3) years are provided for each new vehicle. The warranty service is provided by the local authorized dealership. Delivery is expected within thirty (30) days. Funds are available in the Capital Reserve Fund. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE,AND HE IS HEREBY,AUTHORIZED TO APPROVE THE PURCHASE OF FIVE(5)PATROL VEHICLES FOR USE BY THE POLICE DEPARTMENT FROM PHILPOTT MOTORS, OF NEDERLAND,TEXAS, IN THE AMOUNT OF$133,928 THROUGH THE HOUSTON-GALVESTON AREA COUNCIL(H-GAC)COOPERATIVE PURCHASING PROGRAM. Mayor Pro Tern Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 11 — 346 PUBLIC HEARING Receive comments on the City of Beaumont's Fair Housing Activity Statement — Texas (FHAST), authorizing the submission of a Community Development Block Grant application to the Texas General Land Office for Hurricane Ike, Round 2.2 funds related to four proposed projects. Chris Boone,Community Development Director and Brenda Beadle,Capital Projects Manager both discussed the Fair Housing Activity Statement - Texas before the public hearing was open for comments from the public Public Hearing Open: 2:15 P.M. None Public Hearing Closed: 2:16 P.M. 11. Consider approving the FHAST, authorizing the submission of a Community Development Block Grant application to the Texas General Land Office for Hurricane Ike, Round 2.2 funds and to authorize the City Manager to act as the City's Executive Officer in the Program. Minutes-December 6,2011 Administration recommended approval. In the aftermath of Hurricane Ike, Beaumont, like many other coastal communities sustained widespread damage. In an effort to recover from that damage, Community Development Block Grant (CDBG) funds were allocated to those areas affected. These funds include housing, which are administered by the Councils of Government, and non- housing funds, which are provided to each community and administered by the General Land Office (GLO). To date, the City has received $4.3M in Round 1 and $11.5M in Round 2.1 of the non- housing funding. Non housing projects awarded in Round 1 were Riverfront Bank Stabilization and Cartwright/Corley Drainage Improvements. The project awarded in Round 2.1 was South Park Drainage system improvements. In order to receive funds in Round 2.2, additional requirements must be met. These requirements are the result of complaints filed by housing advocacy groups, criticizing the allocation of disaster recovery funding. As a result, all applicants must complete and adopt a Fair Housing Activity Statement-Texas (FHAST). As you are aware, fair housing laws require that the City be responsive to housing discrimination. In addition,the laws also require that as a recipient of federal funding, we proactively work to identify any impediments to provision of decent, safe and affordable housing. An example of such an impediment would be a zoning ordinance with a minimum lot size so large that it would preclude smaller, more affordable homes within the community. As an entitlement city and a regular recipient of CDBG and other federal funding, this analysis of impediments to fair housing is something that is regularly conducted by the City. However, because of the complaint filed, the FHAST analysis of impediments is an additional review that is required. In order to comply, a FHAST Work Group met on September 7, 2011 to review the draft FHAST document. The document was submitted to GLO and,with amendments,the draft was approved by the GLO on October 28, 2011. Following this, a Public Hearing to take input on the final FHAST was conducted on November 28, 2011 and a second Public Hearing is being conducted at today's meeting. With the adoption of the FHAST, the final document will be submitted along with the application for Round 2.2 funding for the following projects: • $7M for a centrally-located Health Clinic • $2.4M for a new fire station at 5020 Helbig Rd. • $2.8M for street and drainage improvements to Magnolia Avenue from Gill St. to E. Lucas • $6.8M for street and drainage improvements to Avenue A from Washington Blvd. to Cardinal Dr. Also, the City Manager should be designated to act as the City's Executive Officer and Authorized Representative in all matters pertaining to the City's participation in the Community Development Program. Some funds have already been expended for preliminary design for the street projects. This will be highlighted in the resolution and application as a demonstration of our commitment to the projects. Architectural fees for the fire station will be funded by the City. Minutes—Deber 6,2011 Street and drainage design fees in the amount of$1.2M have been expended and are not eligible for reimbursement. Although no local match is required, the total grant award is $18,453,283. Mayor Pro Tern Smith made a motion to APPROVE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,TEXAS,APPROVING ITS FAIR HOUSING ACTIVITY STATEMENT—TEXAS(FHAST); AUTHORIZING THE SUBMISSION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO THE TEXAS GENERAL LAND OFFICE FOR THE DISASTER RECOVERY FUND, HURRICANE IKE, ROUND 2.2; AND AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT PROGRAM. Councilmember Wright seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 11 - 347 Mayor Arses read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. COUNCILMEMBER COMMENTS MAYOR PRO TEM SMITH- CONDOLENCES TO THE FAMILY OF REV.OVEAL WALKER ON THE LOSS OF HIS WIFE AND TO THE PRICE FAMILY, ANNOUNCED THAT THE L.L. MELTON FAMILY LIFE CENTER WILL BE OFFERING SEWING CLASSES ON TUESDAY'S AND THURSDAY'S FROM 3:00 P.M. TO 5:00 P.M. COUNCILMEMBER PATE- REMINDED CITIZENS THAT THE WORLD'S GREATEST FEMALE ATHLETE BABE ZAHARIAS GREW UP HERE IN BEAUMONT AND A WEEK FROM TODAY THE AUTHOR OF THE NEW BOOK "WONDER GIRL,BABE DIDRIKSON ZAHARIAS"BY DON VAN NATTA JR., WILL BE AT THE ART MUSEUM FOR A BOOK SIGNING FROM 5:00 P.M.TO 7:00 P.M. COUNCILMEMBER WRIGHT- WISHED HER DAUGHTER CONALETTE VALUER A HAPPY BIRTHDAY, WANT ALL OF THE CITIZENS TO BE SAFE, PROSPEROUS AND HEALTHY DURING THE END OF THIS YEAR AND NEXT YEAR, COMPLIMENTED STAFF FOR ALL OF THE HARD WORK THAT THEY DO, AND FOR THE COMPENSATION FOR ALL FULL TIME EMPLOYEES,ALSO STATED THAT THERE WAS ONE BUFFALO SOLDIER STILL ALIVE IN BEAUMONT, TEXAS, HIS NAME IS ATTORNEY LOUIS J. HODGE Minutes—December 6,2011 COUNCILMEMBER GETZ- STATED THAT DECEMBER 7, 2011, WILL MARK A 70 YEAR ANNIVERSARY THAT AMERICA WAS FORCED INTO WORLD WAR II THROUGH THE ATTACK OF PEARL HARBOR, IF ANYONE SEES A VETERAN THANK THEM FOR THE SERVICE THAT THEY HAVE DONE,TAKE A MOMENT ON TOMORROW AND REMEMBER TO RECOGNIZE THE LOSS THAT WE AS COUNTRY SUSTAINED ON DECEMBER 7,1941,ALSO ANNOUNCED THAT THE CITY OF BEAUMONT WOULD BE SPONSORING A HOLIDAY WINTER TENNIS TOURNAMENT AT THE BEAUMONT MUNICIPAL TENNIS CENTER,A DISCOUNTED ENTRY FEE CAN BE DONE THROUGH DECEMBER 8,2011,THE TOURNAMENT WILL BE DECEMBER 17-18, 2011, ALSO EXTENDED CONGRATULATIONS TO THE KELLY BULLDOGS ON THEIR RUN FOR THE STATE CHAMPIONSHIP COUNCILMEM13ER COLEMAN- THANKED STAFF IN REGARDS TO THE CONCORD ROAD ACQUISITION PROJECT,SPOKE IN REGARDS TO THE SOCCER TOURNAMENT HELD OVER THE WEEKEND,THERE WERE OVER THIRTY TEAMS THAT PLAYED, THEY UTILIZED THE HOTELS AND ATE AT RESTAURANTS COUNCILMEMBER SAMUEL- ABSENT CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES- NONE MAYOR AMES - NONE Public Comments (Persons are limited to three minutes) Vernon Durden 2110 West Bury Rd. Beaumont TX Commended Council on giving the workers a Christmas bonus, also commented on the transit system, suggested that Council look at promoting from within and saving the City money in that area Louis Vaughn 9615 Mapes St. Beaumont TX Commented on the West Oakland addition, and the retention/detention ditch, also commented on the freeway and other facilities that are in that area Dorothy Evans 2825 Arthur Ln. Beaumont TX Spoke in regards to a new project with the AARP Chapter 923 for sidewalks in Beaumont, stated there will be a meeting at the Best Years Center on Friday, December 9, 2011, at 10:00 a.m., 780 S. 4th St., the reason for this meeting is that they have selected Beaumont to do a sidewalk survey, this comes from the State Associate Director in Houston and Minutes—December 6,2011 I Austin, Texas, this is a great safety measure, there are a lot of seniors that are getting around on scooters and there are no sidewalks Julie Stephenson 5850 Calder#204 Beaumont TX Spoke in regards to oil in our area and the energy source that is being used, stated that this Country should start preparing themselves for a world without oil, need to encourage businesses to focus their energy on a more people friendly product Galen Key 1305 Candlestick Circle Beaumont TX Spoke in regards to the vacation carryover grievance of F. Mark Craigen, Beaumont is a Civil Service City, quoted the Civil Service code in regards to sick leave, stated that Mr. Craigen.is asking that the City give him the opportunity to keep his vacation Open session of meeting recessed at 2:36 p.m. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Vacation Carryover Grievance of F. Mark Craigen Entergy Texas, Inc. — Change in Rates Request There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. Becky Ame6t Mayor Tina roussard, City Clerk Minutes—December 6,2011