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HomeMy WebLinkAboutMIN FEB 21 2012 MINUTES - CITY OFBEAUMONT W.L. Pate,Jr.,At-Large BECKY ANTES, MAYOR Gethrel Wright,At-Large Dr.Alan B. Coleman,Ward 1 CITY COUNCIL MEETING Michael D.Getz,Ward 11 Audwin Samuel,Ward III February 21,2012 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 February 21,2012, 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. Pastor R. N. Robinson of Greater Grace Temple Ministries gave the invocation. Councilmember Pate 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, Pate and Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "Engineers Week"- February 19-25, 2012-Proclamation read by Councilmember Getz; accepted by Marc Ochoa "Boomtown Film and Music Festival Week" — February 20-26, 2012 — Proclamation ready by Mayor Ames; accepted by Thomas Hall, Organizer Presentation to the City of Beaumont by Magnolia Garden Club—Linda Bullard, Laurie Leister and Karen McCormick in regards to establishing the City of Beaumont's Arbor Day as the third Saturday in February Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda. None CONSENT AGENDA Approval of minutes — February 7, 2012 Nnutes—February 21,2012 Confirmation of committee appointments — Resolution 12-034 Allen Perkins would be reappointed to the Convention and Tourism Advisory Board. The current term would expire October 8, 2013. (Councilmember W. L. Pate, Jr.) Larue Smith would be reappointed to the Library Commission. The current term would expire February 15, 2014. (Mayor Pro Tem Jamie D. Smith) Lauren Williams-Mason would be reappointed to the Community Development Advisory Committee. The current term would expire February 1, 2014. (Councilmember Alan B. Coleman) Vick Nelson would be appointed to the Community Development Advisory Committee. The term would commence February 21, 2012 and expire February 20, 2014. (Councilmember Mike Getz) Lynn DeCordova would be appointed to the Community Development Advisory Committee. The term would commence February 21, 2012 and expire February 20, 2014. (Councilmember Mike Getz) A) Authorize the settlement of the lawsuit styled City of Beaumont v. Clifford Teasley; No. 09- 10-00193-CV— Resolution 12-035 Mayor Pro Tern Smith made a motion to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a contract for the purchase of asphaltic concrete for use by the Streets and Drainage Division. Administration recommended approval for the award of a six(6 month contract to APAC- Texas, Inc., of Beaumont, with an estimated total expenditure of$872,775. Bids were requested for a six (6) month contract for asphaltic concrete to be used by the Streets and Drainage Division. Cold laid asphaltic concrete is used for repairs to larger street sections. It is estimated that approximately 12,000 tons of hot laid asphaltic concrete and 600 tons of cold laid asphaltic concrete will be used during the term of the contract. Four (4) vendors were notified with only APAC-Texas responding. Specifications requested pricing for both plant pickup by City personnel and job site delivery by the vendor. The bidder met all product requirements specified and has previously held the contract satisfactorily. Minutes—February 21,2012 Councilmember Pate moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY APAC- TEXAS,INC., FOR A SIX(6)MONTH CONTRACT FOR PURCHASE OF ASPHALTIC CONCRETE FOR THE PUBLIC WORKS DEPARTMENT, STREETS AND DRAINAGE DIVISION, IN THE ESTIMATED AMOUNT OF $872,775 AND THAT THE CITY MANAGER BE AND HE IS HERE BY AUTHORIZED TO EXECUTE A CONTRACT WITH APAC TEXAS, INC. FOR THE PURPOSES DESCRIBED HEREIN. Mayor Pro Tern Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 12 - 036 2. Consider authorizing the City Manager to amend an Interlocal Agreement with Jefferson County Drainage District No. 6. Administration recommended approval. Drainage District No. 6 recently completed a drainage project in the Woodland Acres area located north of Highway 69 between Helbig and Plant Roads. The $4,667,300 project was created by a grant on a (75%125%) reimbursement basis with FEMA. During the construction process, damage was done to portions of Donna, and Margaret Lanes, Comstock, and Gamer Roads. The proposed amendment is designed to formalize the cost sharing of these street repairs. The City will design the necessary repairs, utilize City and Contractor manpower and equipment, and purchase the materials to complete the repairs. Drainage District No. 6 will reimburse the City for seventy-five(75%)of the total cost of the street repairs,which are estimated at$285,587. The City's share is available in the Public Works, Streets and Drainage Division's annual budget and the Street Rehabilitation Program, which is funded in the Capital Program. Councilmember Getz made a motion to APPROVE A RESOLUTION HEREBY AUTHORIZING THE CITY MANAGER TO EXECUTE AND AMEND THE INTERLOCAL AGREEMENT WITH JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 WHICH IS REQUIRED TO FORMALIZE THE COST SHARING OF STREET REPAIRS ON DONNA, AND MARGARET LANES, COMSTOCK AND GARNER ROAD. Councilmember Coleman seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL MAYS: NONE MOTION PASSED Resolution 12 -037 Minutes—February 21,2012 3. Consider approving a contract for the purchase of cement slurry for use by the Streets and Drainage Division. Administration recommended the award of an annual contract to Southern Cement Slurry Inc. of Porter, Texas, in an estimated total amount of$179,000. Bids were requested for an annual contract for cement slurry to be used by the Streets and Drainage Division. Cement slurry is used to stabilize soil in road repair and construction prior to the laying of asphalt. The present method involved the manual application of 75 lb. bags of cement over an area then applying water. Cement slurry is applied by a distributor truck in liquid form. The cost of cement presently used is approximately$8.00 per bag or $213 per ton. The use of pre-mixed slurry will reduce material costs approximately $34,000 per year. Four (4) vendors were noted with only Southern Cement Slurry, Inc., responding. The bidder meets all product requirements specified, and provides materials to TxDOT for highway construction. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT A BID SUBMITTED BY SOUTHERN CEMENT SLURRY INC., OF PORTER, TEXAS, FOR AN ANNUAL CONTRACT FOR THE PURCHASE OF CEMENT SLURRY FOR USE BY THE PUBLIC WORKS DEPARTMENT, STREETS AND DRAINAGE DIVISION,IN THE AMOUNT OF$179 PER TON FOR AN ESTIMATED COST OF$179,000 BE ACCEPTED BY THE CITY OF BEAUMONT. Mayor Pro Tern Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 12 -038 4. Consider authorizing ITEX Property Management, LLC to submit an application to the Texas Department of Housing and Community Affairs for the proposed Beaumont Place of Grace, a proposed Low Income Housing Tax Credit project and offering preliminary support for the project. Administration recommended approval. ITEX Property Management, LLC is requesting authorization to submit an application to the Texas Department of Housing and Community Affairs(TDHCA)for use of LIHTC funds for the construction of a eighty (80) unit senior housing development at 4400 Warren Street. Currently, the area of the proposed development has more than twice the state average of subsidized housing units per capita. As such, additional subsidized units would not be allowed in this area unless the proposed development and the allocation of tax credits is supported by the City Council. Approval of this resolution would allow TDHCA to consider funding Beaumont Place of Grace, as required by§50.8(2)(A)of the Texas Administrative Code. Minutes—February 21,2012 In addition, ITEX Property Management, LLC has submitted a request for a$160,000 loan from the HOME program allocation, providing for local participation. This request may be submitted to City Council for consideration at a future date. COuncilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL OF THE CITY OF BEAUMONT(THE"CITY")HAS BEEN APPRISED OF THE PENDING APPLICATION FOR TAX CREDITS (THE "APPLICATION") FILED FOR THE NEW CONSTRUCTION OF BEAUMONT PLACE OF GRACE (THE "DEVELOPMENT"),A PROPOSED ONE HUNDRED TWENTY-EIGHT (128) UNIT SENIOR HOUSING DEVELOPMENT LOCATED AT 4400 WARREN STREET,A LOW INCOME HOUSING TAX CREDIT (LIHTC) PROJECT THROUGH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS ("TDHCA"). Mayor Pro Tern Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 12 -039 5. Consider authorizing MGroup Holdings, Inc. to submit an application to the Texas Department Of Housing and Community Affairs for the proposed Briarbend, a proposed Low Income Housing Tax Credit project and offering preliminary support for the project. Administration recommended approval. MGroup Holdings, Inc. is requesting authorization to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for use of LIHTC funds for the construction Of a forty (40) single-family housing unit development as part of the Sienna Trails community, located off of Concord. Currently,the area of the proposed development has more than twice the state average of subsidized housing units per capita. As such, additional subsidized units would not be allowed in this area unless the proposed development and the allocation of tax credits is supported by the City Council. Approval of this resolution would allow TDHCA to consider funding Briarbend, as required by §50.8(2)(A) of the Texas Administrative Code. In addition, Mgroup Holdings, Inc. has submitted a request for an $88,000 loan from the HOME program allocation, providing for local participation. This request may be submitted to City Council for consideration at a future date. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL OF THE CITY OF BEAUMONT(THE"CITY")HAS BEEN APPRISED FOR THE PENDING APPLICATION FOR TAX CREDITS (THE "APPLICATION") FILED FOR THE NEW CONSTRUCTION OF BRIAR13END (THE "DEVELOPER"),A PROPOSED FORTY(40)SINGLE FAMILY HOUSING UNIT DEVELOPMENT LOCATED AT THE 6500 BLOCK OF SIENNA TRIALS DRIVE, A LOW INCOME HOUSING TAX CREDIT (LIHTC) PROJECT THROUGH THE TEXAS DEPARTMENT OF HOUISING AND COMMUNITY AFFAIRS("TDHCA"). Mayor Pro Tern Smith seconded the motion. Minutes—February 21,2012 AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEM13ERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 12 - 040 Mayor Ames read the announcement regarding Executive Session being hold at the conclusion of the General Business portion of the meeting. WORKSESSION * Review and discuss Historic and Overlay Districts Chris Boone, Community Development Director, reviewed and discussed the Historic and Overlay Districts. Mr. Boone discussed what a Historic District is, stated that a Historic District is a group of buildings or sites that have been deemed to have historical value by three typical nominating entities. The first of which is a Federal Historic Designation, which is typical done by the U.S. Department of Interior, this type of designation does not necessarily prohibit demolition or alteration unless there are federal dollars at work, but it does allow for some recognition and protection as well as possible tax credits. Second, the State Historic Designation, which is administered in the State of Texas by the Texas Historical Commission, third is the local Historic Designations. Historic Designations/Historic Districts began in the 1930's in Charleston, South Carolina, the designation became more popular and wide spread across the Country in the 1960's, after the 1963 Penn Station demolition in New York. One of the benefits of being a Historic District, which is more specific to the local level, is the preservation of the community buildings and its past, tax incentives which can freeze market values for up to ten years for any improvements on the exterior, revolving loan funds for up to ten years with 0%interest for exterior improvements, also marketing which could entail a web site and brochures. The cost of historic districts could be, what color a house will be, local administrative cost in terms of running the program, red tape for owners if they plan on adding to the property, the property values. The HD designation which is a zoning overlay goes back many years and provides extra protection and tax incentives. The process is done mainly through City staff and the Landmark Commission. The Landmark Commission reviews exterior changes, demolitions, loan applications for the revolving loan fund, and monitors the enforcement. COUNCILMEMBER COMMENTS MAYOR PRO TEM SMITH - THANKED THE MAYOR FOR ATTENDING THE NAACP FREEDOM FUND BANQUET, THANKED DISHMAN ELEMENTARY FOR INVITING HIM TO SPEAK TO THE STUDENTS ABOUT CITY GOVERNMENT COUNCILMEMBER SAMUEL- ASKED CHRIS BOONE IF HE WOULD BE AVAILABLE TO MEET WITH PROPERTY OWNERS IN THE AREA IN REGARDS TO BEING A HISTORIC DISTRICT, THANKED MR. BOONE FOR THE PRESENTATION,STATED HE HAD AN OPPORTUNITY TO GO TO Minutes-February 21,2012 SAN ANTONIO, TEXAS TO MEET WITH OTHER ELECTED OFFICIALS TO FIND OUT HOW TO BE A BETTER ELECTED OFFICIAL,WASN'T ABLE TO ATTEND THE NAACP FREEDOM BANQUET DUE TO HIS BEING OUT OF TOWN, ALSO GAVE CONDOLENCES TO JUDGE RANSOM"DUCE"JONES ON THE LOSS OF HIS MOTHER, ALSO COMMENTED ON THE GIRLS BASKETBALL TEAMS OF OZEN AND CENTRAL THAT ARE STILL IN THE PLAYOFFS COUNCILMEM13ER PATE- COMMENTED ON THE FUND RAISER FOR RACER WHO IS THE SON OF ONE OF THE CITY OF BEAUMONT FIRE FIGHTERS, STATED HOW WONDERFUL THE EVENT WAS,ALSO REMINDED EVERYONE THAT ON WEDNESDAY,FEBRUARY 22,2012,AT 7:30 P.M., WOULD BE ALUMNI NIGHT, TICKETS FOR THOSE THAT ARE ALUMNI CAN GET TICKETS FOR HALF PRICE, ENCOURAGED EVERYONE TO COME OUT AND SUPPORT THE MEN'S BASKETBALL TEAM COUNCILMEMBER WRIGHT- COMMENTED ON WHAT A GREAT TIME SHE HAD AT THE SENIOR CITIZENS MARDI GRAS,ENCOURAGED EVERYONE TO ATTEND THE TASTE OF THE TRIANGLE AT FORD PARK,GAVE CONDOLENCES TO JUDGE RANSOM"DUCE"JONES ON THE LOSS OF HIS MOTHER, BILLIE MARIE JONES COUNCILMEMBER GETZ- THANKED THE CITY OF BEAUMONT FOR ALLOWING HIM TO ATTEND A TEXAS MUNICIPAL LEAGUE CONFERENCE THIS PAST WEEKEND, DYNAMIC SPEAKER$WITH A LOT OF IDEAS, STATED THAT IF THERE WAS A WAY THAT EACH OF THE COUNCILMEMBERS COULD HAVE SOME DIALOGUE ABOUT THE CONFERENCES THEY ATTEND SINCE THEY ALL DON'T ALL ATTEND THE SAME CONFERENCES SO IDEAS COULD BE SHARED, ALSO REMINDED CITIZENS THAT THE PARKS AND RECREATION DEPARTMENT WILL BE SPONSORING A TENNIS TOURNAMENT THE WEEKEND OF FEBRUARY 25-26,2012, AT THE BEAUMONT MUNICIPAL TENNIS COURT, WEDNESDAY, FEBRUARY 22,2012,WILL BE THE DEADLINE TO SIGN UP, CITIZENS CAN GO TO THE PARKS AND RECREATION WEB SITE AND GET A LINK TO THE TOURNAMENT COUNCILMEMBER COLEMAN - CONDOLENCES TO THE FAMILY OF DR. JERRY JOHNSON, CONGRATULATIONS TO ZHENG TAN ON WINNING THE AWARD FOR"ENGINEER OF THE WEEK",THIS MAKES TWO IN A ROW WON BY STAFF OF THE CITY OF BEAUMONT CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES- NONE Minutes—February 21,2012 MAYOR AMES- COMMENTED ON THE WILLIE RAY SMITH BANQUET THAT HONORED TWO LOCAL INDIVIDUAL MALE ATHLETES, THE EVENT WAS VERY WELL ATTENDED, CONDOLENCES TO THE JONES AND JOHNSON FAMILIES Public Comments (Persons are limited to three minutes) Karen Hanks a s 3350 Foxbriar Ln. Beaumont TX Stated that she had a Resolution entitled a Resolution in Opposition to the Citizens United versus Federal Elections Commission this was a Supreme Court decision that was made on January 21, 2010, stated she is supporting the resolution and would like to get it on the agenda Tom Harlan 864 % Washington Beaumont TX Stated he is a part of a delegation from Occupy Beaumont which is formed with local solidarity with the Occupy Wall Street movement, their purpose is to identify those issues that affect the local community and try to act to try and resolve some of those issues for the betterment of everyone, one of the most important issues that they have been able to identify is the most recent Citizens United versus the Federal Elections Commission Supreme Court Decision, asked that Council take a stand in opposition to this Diana Blackwell 4115 Crow Rd. #9 Beaumont TX Stated she is a part of Occupy Beaumont, has a copy of the resolution with her and opposes the resolution and has done so since the Supreme Court passed the resolution, would like to see Council put this item on the agenda so that it can be discussed at length Melvin Blackwell 4115 Crow Rd. #9 Beaumont TX Asked a question of Council, how can an item be put on the agenda? Lin Marie Garsee 1725 Park Beaumont TX Informed Councilmember Samuel that there will be a meeting on March 5, 2012, at Christ Missionary Church, located at 1695 Pennsylvania at 6:30 p.m., asked that anyone that can attend please attend, there have been flyers put on doors as well as contacting the absent property owners of the vacant lots, stated that there were only 15% of land owners that signed the petition because they only had four days to get as many signatures in order to get the paper work in and get the item on the agenda, according to paperwork at least 75% of the homes in the Jersey Village area were built in 1902 or earlier Open session of meeting recessed at 2:43 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: James Mathews v. City of Beaumont, Texas Minutes—February 21,2012 Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: 625 Orleans Street— Hotel Beaumont There being no action taken in Executive Session, Council adjourned. dio available upon request in the City Clerk's Office. Becky A , Mayor A 6A Olizw A XQ Tina Broussard, Clerk I�1� �.WP i Minutes—February 21,2012