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Home My WebLink AboutMIN MAR 27 2012 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr.,At-Large BECKY AMES, MAYOR Gethrol Wright,At-Large Dr.Alan B. Coleman,Ward I CITY COUNCIL MEETING Michael D.Getz,Ward 11 Audwin Samuel,Ward 111 March 27,2012 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 March 27, 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 Roil Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-7Consent Agenda * Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Eddie McGriff of House of Prayer Missionary 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, Pate and Samuel. Absent: Councilmember Wright. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "Presentation" - Danielle Underferth, the City's Communication Manager, made remarks regarding the City's April 14, 2012, Trash-Off, Danielle, also introduced Leah Talbot with Waste Management who presented a check in the amount of $5,000 to the Mayor to support the Trash-Off Public Comment: Persons may speak on scheduled agenda items 1-7/Consent Agenda. None CONSENT AGENDA * Approval of minutes - March 20, 2012 * Confirmation of committee appointments - None A) Approve a contract with Texas Environmental Resources for hazardous waste cleanup and disposal services on an as required basis — Resolution 12 —065 Minutes—March 27,2012 B) Approve Change Order No. 2 with McInnis Construction, Inc. related to the renovation of the R.C. Miller Library— Resolution 12 —066 C) Authorize the City Manager to join with Jefferson County in approving the System Acceptance for the 800 MHz Reconfiguration — Resolution 12 - 067 D) Authorize the City Manager to enter into an Interlocal Agreement Amendment for the management and operation of the 800 MHz radio system — Resolution 12 - 068 Councilmember Wright made a motion to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider an ordinance approving the removal of the HC-L (Historic Cultural-Landmark Preservation Designation) for the property at 1315 Calder. In February, 2008, City Council approved an HC-L Designation on the property at 1315 Calder. The "Polk" house was later demolished. However, the historic designation is still on the property. James Clark has bought the property and is requesting that the historic designation be removed. It is the intent of James and Michelle Clark to build a commercial building on the property that will be used for event planning and for the hosting of receptions. At a Regular Meeting held March 12, 2012, the Historic Landmark Commission recommended approval 8:0 to remove the designation. At a Regular Meeting held March 19, 2012, the Planning Commission recommended approval 6:0 to remove the designation. Approval of the ordinance. Councilmember Coleman 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 REMOVING A HC-L(HISTORICAL CULTURAL-LANDMARK PRESERVATION)DESIGNATION FOR PROPERTY LOCATED AT 1315 CALDER,BEAUMONT,JEFFERSON COUNTY,TEXAS;PROVIDING FOR SEVERABLILITY;PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Getz seconded the motion. Minutes—March 27,2012 AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 12 - 015 2. Consider an ordinance approving the abandonment of a 20'x 100.50'portion of the alley in Block 9, Calder Addition. James Clark, representing Beaumont Events, LLC, has applied for the abandonment. Mr. Clark states that his company owns the four lots backing up to the alley. It is the intent of the company to build a commercial building on the two lots fronting Calder and parking lots and/or other facilities on the two lots fronting Broadway. This item was sent to all interested parties. An 8" sanitary sewer line, telephone and electrical lines are located in the alley. At a Regular Meeting held March 19, 2012, the Planning Commission recommended approval 6:0 to abandon the alley subject to the following condition: 1. Retain the abandoned alley as a general utility easement. Approval of ordinance subject to the following condition: 2. Retain the abandoned alley as a general utility easement. Mayor Pro Tem Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ABANDONING A 20'X 100.50'PORTION OF THE ALLEY IN BLOCK 9,CALDER ADDITION,IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 12 - 016 3. Consider an ordinance approving the abandonment of a 20' x 180'i portion of the alley in Block 69, Van Wormer Addition. Benny Mendoza has applied for the abandonment. Mr. Mendoza owns the property on either side of the alley. He has built a building and concrete slab that are used for social events. The northwest corner of the slab extends into the alley. Minutes—March 27,2012 This item was sent to all interested parties. No negative responses have been received. At a Regular Meeting held March 19, 2012, the Planning Commission recommended approval 6:0 to abandon the alley. Approval of the ordinance. Mayor Pro Tern Smith made a motion to ADOPT AN ORDINANCE ABANDONING A 201x 180' PORTION OF THE ALLEY IN BLOCK 69, VAN WORMER ADDITION, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 12 - 017 4. Consider an ordinance approving the abandonment of the alley in Block 5, Calder Addition. Reverend Mark Adams, Pastor of First Baptist Church,has applied for the abandonment of a 20' x 203'± portion of an alley in Block 5, Calder Addition. The alley is currently used as a parking lot for the church. This item was sent to all interested parties. No negative responses have been received. At a Regular Meeting held March 19, 2012, the Planning Commission recommended approval 6:0 to abandon the alley. Approval of ordinance. Mayor Pro Tern Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ABANDONING A 20'x 203'PORTION OF THE ALLEY IN BLOCK 5,CALDER ADDITION,IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 12 — 018 5. Consider a resolution approving the purchase of an Incident Response Vehicle for use by the Police Department. Minutes—March 27,2012 The Lenco BearCat, a fully equipped Incident Response vehicle, has a maximum seating capacity of ten (10) and includes a multitude of emergency features, such as a rotating rooftop turret with gunport and a 200-Watt siren PA system. Optional equipment being purchased includes an Explosive Gas Detection System, which will sense combustible levels of Natural Gas (methane), gasoline vapors and other combustible gases or vapors. This system will ensure that police officers can safely deter, be protected from, approach, cover, identify and address hazardous threats from improvised explosive devices and hostile weapons fire. This vehicle can serve as a platform for conducting counter-drug and counter-terrorism surveillance and detection operations with thermal and infrared imaging equipment the department already owns. It will also serve as a command post and rescue vehicle during potential hostilities. Pricing for the vehicle was obtained through GSA Contract GS-07F-0390M 1122 Program. GSA is a Federal program which provides contracts that satisfy the requirements of the Competition in Contracting Act and the Federal Acquisition Regulation. The 1122 program establishes authority for state and local governments to purchase law enforcement equipment through federal procurement channels, provided that the equipment is used in the performance of counterdrug activities. The City of Beaumont has received approval for this purchase from the Texas 1122 Program State Point of Contact. Department of Homeland Security 2007 Port Security Grant Program - $172,536.96. Capital Reserve Fund — $81,351.04. Approval of the resolution. Councilmember Getz made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF AN INCIDENT RESPONSE VEHICLE FOR USE BY THE POLICE DEPARTMENT FROM LENCO ARMORED VEHICLES,OF PITTSFIELD,MASSACHUSETTS IN THE AMOUNT OF$253,888 THROUGH THE GSA CONTRACT GS-07F-0390m 1122 PROGRAM. Councilmember Pate seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolu#ion 12 -069 6. Consider a resolution authorizing the City Manager to apply to the Texas Department of Housing and Community Affairs for addi tional Emergency Solutions Grant funds. Although the City will receive$143,199 in 2012 Emergency Solutions Grant(ESG)funding, given the extent of the homeless problem within our community,we are recommending that an application be made to the Texas Department of Housing and Community Affairs for additional available funds through the State. As the lead agency under the application,the City would accept applications from various local providers, to act as sub-recipients of the program, providing services directly to the homeless. This competitive process would be Minutes—March 27,2012 similar to the recently-administered Homeless Prevention and Rapid Rehousing (HPRP) Program that the City administered over the last two years. If awarded, a call for applications will be made and submitted to the Community Development Advisory Committee for consideration and recommendation to City Council for final award. U.S. Department of Housing and Urban Development (HUD), administered through the Texas Department of Housing and Community Affairs (TDHCA). Approval of the resolution. Mayor Pro Tern Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE iS HEREBY AUTHORIZED TO APPLY FOR AND RECEIVE FUNDING IN AN AMOUNT UP TO $700,000 IN 2012 EMERGENCY SOLUTIONS GRANT (ESG) FUNDING THROUGH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (TDHCA) TO PROVIDE SERVICES FOR THE HOMELESS. Councilmember Samuel seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 12- 070 7. Consider a resolution approving the purchase of 500 chairs for use at the Civic Center. KI Corporation of Green Bay,Wisconsin offers furniture and movable wall system solutions for government and education markets through the Choice Facility Partners purchasing cooperative administered by the Harris County Department of Education. Council previously approved participation in the purchasing cooperative and utilizing their contracts provides cost savings to the City due to the buying power of large quantity discount contracts. All products and services offered on the contracts meet the State of Texas competitive bidding and procurement requirements. The new upholstered seat, mesh back stackable chairs manufactured by KI Corporation will be used in the Civic Center meeting rooms. Sixty-five (65) chair dollies will be purchased for storing and relocating throughout the building. The new chairs will replace the 18 year old polypropylene chairs currently being used in the meeting rooms which have begun to fail. Delivery is expected in approximately six (6) weeks. Approval of the resolution. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF 500 CHAIRS FOR USE IN THE CIVIC CENTER FROM KI CORPORATION, OF GREEN BAY, WISCONSIN, IN THE AMOUNT OF $105,387.30 THROUGH THE CHOICE FACILITY PARTNERS PURCHASING COOPERATIVE,ADMINISTERED BY THE HARRIS COUNTY DEPARTMENT OF EDUCATION. Mayor Pro Tern Smith seconded the motion. Minutes—March 27,2012 AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 12-071 * PUBLIC HEARING: Receive comments on the Preliminary Budget of the 2012 Housing and Urban Development Consolidated Grant Program's Annual Action Plan Open — 1:55 p.m. None Close — 1:55 P.M. 8. Consider a resolution adopting the Preliminary Budget of the 2012 Housing and Urban Development Consolidated Grant Program's Annual Action Plan. As mandated by the U. S. Department of Housing and Urban Development (HUD), City Council has conducted public hearings and work sessions in previous years prior to adopting the City's Annual Action Plan. Community Development Staff, along with the Community Development Advisory Committee(CDAC), hosted four(4)Public Hearings in order to receive public comments on the process and activities related to the Preliminary 2012 Annual Action Plan. In accordance with the Citizen Participation Plan, a thirty (30) day comment period,which allows citizens a reasonable time to submit written comments, will follow the adoption of the 2012 Preliminary Consolidated Grant Program's Annual Action Plan. Prior to its submission to HUD for approval, City Council will consider adopting the final Draft of the Annual Action Plan on or about May 1, 2012. The proposed Preliminary Budget reflects allocations of $1,299,941 in Community Development Block Grant (CDBG) funding, an estimated $100,000 in Program Income, $433,158 in HOME funding and $143,199 in Emergency Solutions Grant funding. U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant, HOME Investment Partnership grant and Emergency Solutions Program grant funds. Approval of the resolution. Councilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY ADOPTS THE PRELIMINARY BUDGET OF THE 2012 HOUSING AND URBAN DEVELOPMENT (HUD) CONSOLIDATED GRANT PROGRAM'S ANNUAL ACTION PLAN. Mayor Pro Tern Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, PATE AND SAMUEL NAYS: NONE Minutes-March 27,2012 MOTION PASSED Resolution 12 - 072 COUNCILMEMBER COMMENTS MAYOR PRO TEM SMITH - THANKED WASTE MANAGEMENT FOR THEIR PART IN THE APRIL 14,2017,TRASH-OFF,ALSO HOPED EVERYONE WILL GO OUT AND ENJOY THE TEXAS STATE FAIR COUNCIL-MEM13ER SAMUEL- ENCOURAGED EVERYONE TO GET READY FOR THE BIG TRASH-OFF ON APRIL 14, 2012, ENCOURAGED EVERYONE TO GO OUT AND ENJOY THE FAIR,THIS IS THE FIRST TIME HE HAS GONE AS A GRANDFATHER, STATED HE HAD A GREAT TIME COUNCILMEMBER PATE- THANKED WASTE MANAGEMENT FOR ALL THAT THEY DO, VERY FORTUNATE TO HAVE PEOPLE THAT GIVE BACK, APPRECIATE LEAH AND MIKE FOR REPRESENTING AN EXCELLENT COMPANY, CAN'T SAY ENOUGH GREAT THINGS ABOUT THE YMBL AND ALL OF THE VOLUNTEERS, STATED THAT ALL THE MONEY THAT THE YMBL MAKES THEY PUT BACK INTO THE COMMUNITY COUNCILMEMBER WRIGHT- ABSENT COUNCILMEMBER GETZ- THANKED WASTE MANAGEMENT FOR HAVING THE FORESIGHT TO APPLY FOR THE GRANT THAT WILL MAKE THE CITY OF BEAUMONT A NICER AND PRETTIER PLACE TO LIVE IN COUNCILMEMBER COLEMAN - THANKED WASTE MANAGEMENT AND YMBL AND LET'S GET OUT THERE AND PICK UP SOME TRASH ON APRIL 14, 2012 MAYOR AMES- NONE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES- NONE Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Public Comments (Persons are limited to three minutes) Ruby Franklin 5335 Bigner Rd. Beaumont TX Minutes—March 27,2012 Complained about a house next door to her that is in deplorable condition,the grass needs cutting, trees need to be cut down, stated the house has been in bad shape since the Hurricane in 2005 Open session of meeting recessed at 2:01 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Joann Prejean v. Louis Joseph Gilder and City of Beaumont; D-186,166 Claim of Dewi Hardman Therg being no action taken in Executive Session, Council adjourned. Audio availab a upon request in the City Clerk's Office. Atli Becky , Mayor Tina Broussard, City Clerk Minutes—March 27,2012