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HomeMy WebLinkAboutMIN MAY 22 2012 M I N U T E S - CITY OF BEAUM NT W.L. Pate,Jr.,At-Large BECKY AMES, MAYOR Gethrel Wright,At-Large Dr.Alan B. Coleman,Ward I CITY COUNCIL MEETING Michael D.Getz,Ward II Audwin Samuel,Ward III May 22,2012 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 May 22,2012,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 1-3/Consent Agenda * Consent Agenda Councilmember Samuel called the council meeting to order at 1:30 p.m. Chaplain Kevin Trinkle of Baptist Hospital Beaumont eve the invocation. Students from Blanchette Elementary School Grade Levels: 1 st through 5 led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Councilmembers Coleman, Getz, Pate and Samuel. Absent: Mayor Ames, Mayor Pro Tern Smith and Councilmember Wright. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Mayor Ames was out of the City on travel, Mayor Pro Tern Smith was unable to attend due to County Elections, Councilmember Wright was absent due to illness Proclamations, Presentations, Recognitions "Hurricane Preparedness Week" - May 22 - 27, 2012, - Proclamation read by Councilmember Coleman; accepted by Tim Ocnaschek, Emergency Management Coordinator "Emergency Medical Services Week" - May 20 - 26, 2012 - Proclamation read by Councilmember Pate; accepted by Sherry Ulmer, City of Beaumont Public Health Director Marie Broussard with the Beaumont Council of Garden Clubs addressed Council regarding the Blue Star Memorial Marker, which will be a tribute to the Armed Forces that have defended the United States of America. The Blue Star Memorial Marker will be unveiled at the Botanical Gardens on May 23, 2012, next to the 9-11 Memorial at Tyrrell Park Former Mayor David Moore addressed Council and introduced Blanchette Elementary School top readers Minutes—May 22,2012 Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda. None CONSENT AGENDA Approval of minutes - May 15, 2012 Confirmation of committee appointments - None A) Approve the purchase of a backhoe for use in the Streets & Drainage Division — Resolution 12 - 109 B) Approve a contract for the 2012 Summer Food Service Program - Resolution 12 - 110 C) Approve the purchase of an excavator for use in the Water Department- Resolution 12 - 111 D) Authorize the release of weed liens against property described as Lots 4 & 5, Block 12 of Leonard Addition (1110 Stewart Street) - Resolution 12 - 112 E) Authorize the City Manager to amend a contract for the administration of Hurricane Ike disaster recovery funds - Resolution 12 - 113 Councilmember Wright made a motion to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: COUNCILMEMBERS COLEMAN,GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider amending the Code of Ordinances to include a new Section 20.04.012, granting parking privileges to persons with physical disabilities in spaces with a limitation on the length of time for parking. The Public Works Department/Transportation Division has recently studied the need to designate on street parking facilities for persons with disabilities in the Central Business District. The Transportation Division conducted a review of the Americans with Disabilities Act, design specifications from the United States Access Board, and the State of Texas Transportation Code.The Transportation DiWsion has determined that an ordinance in Title 1 Chapter 20 Article 20.04, Section 20.04.012,granting drivers,displaying the international symbol of accessibility on their vehicle, the privilege of parking in any on-street parking space for an unlimited amount of time, would be the most efficient and prudent action Council could take with no need to budget for the construction and installation of new sidewalk ramps and access aisles. Minutes—May 22,2012 The State of Texas Transportation Code Sec.681.006(e)Parking Privileges: Persons With Disabilities states a governmental unit may provide by ordinance or order that the owner of a vehicle is exempt from payment of a fee or penalty imposed by a government unit for parking in a parking garage or lot or in a space with a limitation on the length of time for parking. Approval of Ordinance. Councilmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 20,ARTICLE 20.04 BY ADDING A NEW SECTION 20.04.012 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS RELATING TO PARKING FOR PERSONS WITH DISABILITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL;AND PROVIDING A PENALTY. Councilmember Coleman seconded the motion. AYES: COUNCILMEMBERS COLEMAN,GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 12 -023 2. Consider a resolution accepting the Fannin Street Drainage Improvement Project, approving Change Order No. 6 and authorizing final payment. On January 19, 2010, City Council awarded Reytec Construction Resources, Inc. the contract for the Fannin Street Drainage Improvement Project in the amount of $4,992,554.15. There were five (5) previous change orders approved by City Council resulting in a cumulative increase of$745,472.85. Change Order No. 6 in the amount of ($39,575.58) is required to adjust the estimated quantities actually used during the performance of the project decreasing the new contract amount to $5,698,451.42. The project has been inspected and completed in accordance with the Terms and Conditions set out in the contract documents and we recommend final payment to Reytec Construction Resources, Inc. in the amount of$175,803.54. The MBE goal was achieved as Reytec Construction Resources, Inc is a MBE contractor. A copy of the Schedule identifying the contractor as MBE is attached. Approval of the resolution. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO MAKE FINAL PAYMENT IN THE AMOUNT OF $175,503.54 TO REYTEC CONSTRUCTION RESOURCES, INC. FOR THE FANNIN STREET DRAINAGE IMPROVEMENT PROJECT. Councilmember Getz seconded the motion. AYES: COUNCILMEMBERS COLEMAN,GETZ, PATE AND SAMUEL Minutes—May 22,2012 NAYS: NONE MOTION PASSED Resolution 12 - 114 3. Consider a resolution authorizing the City Manager to enter into a contract with Legacy Community Development Corporation for HOME Investments Partnerships funds from the Department of Housing and Urban Development. The City of Beaumont receives an annual allocation of HOME Investments Partnerships funds from the U. S. Department of Housing and Urban Development (HUD). Federal regulations require that a minimum of fifteen percent (15%) of the City's total HOME fund allocation be contracted to Community Housing Development Organizations (CHDO's) for eligible CHDO activities. Legacy Community Development Corporation (Legacy CDC), a certified CHDO, is seeking to stabilize neighborhoods, particularly in the north end, by providing home ownership opportunities for low to moderate income families. A total of $249,990 is proposed as apart of the contract. Legacy would utilize $100,000 for acquisition, site clearance and site preparation. Legacy is planning to work with the Beaumont Housing Authority to construct up to ten (10)single-family homes.The properties will be sold or a lease-purchase offer will be extended to eligible low-to-moderate income families. In addition, Legacy is requesting $149,990 for homebuyer's assistance to make constructing and/or purchasing the homes more affordable. Any and all income received by Legacy for leased properties must be used toward the organization's affordable housing activities. Also, $45,000 is proposed for operating funds. Housing Division staff will be responsible for monitoring Legacy for HOME Program compliance. Approval of the resolution. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH LEGACY COMMUNITY DEVELOPMENT CORPORATION(LEGACY CDC)IN THE AMOUNT OF$249,990 FOR ACQUISITION AND REHABILITATION OF UP TO TEN(10) PROPERTIES FOR LEASE TO ELIGIBLE LOW-TO-MODERATE INCOME FAMILIES AND A CONTRACT WITH LEGACY COMMUNITY DEVELOPMENT CORPORATION (LEGACY CDC)IN THE AMOUNT OF$45,000 FOR RELATED OPERATING EXPENSES. Councilmember Coleman seconded the motion. AYES: COUNCILMEMBERS COLEMAN,GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 12 - 115 Minutes—May 22,2012 WORK SESSIONS — Cancelled * Review and discuss rates related to garbage collection * Review and discuss the reallocation of Community Development Block Grant Funds COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - NONE COUNCILMEMBER GETZ- THANKED THE MAYOR AND COUNCILMEMBERS THAT WERE IN ATTENDANCE AT THE CHILDREN'S MUSEUM MEETING ON MONDAY,THIS WILL BE A NEW FACILITY THAT WILL BE LOCATED ADJACENT TO THE BEAUMONT EVENTS FACILITY,THINKS THIS WILL BE A WONDERFUL ADDITION TO THE DOWNTOWN LANDSCAPE, THERE WILL BE A PARK AND A SKATE PARK FOR THE YOUTH,IF YOU HAVEN'T BEEN BY THE EVENT CENTER PLEASE DO SO THE FOUNTAINS ARE RUNNING AND IT IS ABSOLUTELY BEAUTIFUL COUNCILMEMBER WRIGHT- ABSENT COUNCILMEMBER PATE- STATED THAT MONDAY,MAY 2S,2012,WE WILL BE OBSERVING MEMORIAL DAY, AS A VETERAN HE APPRECIATES THE SACRIFICES THAT ARE MADE BY INDIVIDUALS OF ALL BRANCHES OF THE MILITARY, MEMORIAL DAY IS THE DAY THAT IS SET ASIDE FOR THOSE THAT HAVE PAID THE ULTIMATE PRICE, MEMORIAL DAY IS A WHOLE LOT MORE THAN JUST HAVING A DAY OFF, THOSE THAT LAID DOWN THEIR LIFE DIDN'T HAVE THAT DAY OFF, THEY WERE ON DUTY PROTECTING OUR RIGHTS AND FREEDOM, ASKED THAT EVERYONE TAKE A MOMENT TO APPRECIATE THE SACRIFICES OF THE FAMILIES THAT LOST LOVED ONES SO THAT YOU AND I CAN DO THE THINGS WE DO EVERY SINGLE DAY, ALSO WISHED PASTOR JOHN ADOLPH A HAPPY ANNIVERSARY, HE WILL BE CELEBRATING SIXTEEN YEARS AS PASTOR AT ANTIOCH BAPTIST CHURCH MAYOR PRO TEM SMITH - ABSENT COUNCILMEMBER SAMUEL- ANNOUNCED THE ANNIVERSARY OF PASTOR JOHN ADOLPH,ON SUNDAY,MAY 27,2012,AT 6:00 P.M., AT ANTIOCH BAPTIST CHURCH CITY ATTORNEY COOPER- NONE Minutes—May 22,2012 CITY MANAGER HAYES- NONE MAYOR AMES- ABSENT Public Comments (Persons are limited to three minutes) David Pete 4390 Corley Ave Beaumont TX Concerned with the issue of the crossing guards and how important they are and their vital role to serve the community, as well as the safety of the children, this Council and City as a whole should make sure that all crossing guards stay in place throughout the City, asked that Council do their very best to make sure they make the right decision in regards to the crossing guards Greg Murphy 4477 Flamingo Ln. Beaumont TX Spoke to Council regarding property that was purchased from a member of the Willard family on behalf of his church, a letter was received from the City of Beaumont, asked the City for grace regarding the property and getting it cleared Elizabeth Sprott 2399 Cartwright Beaumont TX Spoke regarding the crossing guards, not sure what she could do and if anything that she says would make a difference, most of the kids that walk to school walk alone, has witnessed vehicles driving above the speed limit near school yards, her biggest concern is the elementary schools,the smaller children don't understand the importance of standing at the curb and letting the cars go by, this is where the help of the crossing guards would be most beneficial Christopher Jones 1045 Doucette Ave. Beaumont TX Addressed the issue of City and community relations, it has been brought to the attention of the entire City the importance of the crossing guards, stated that he has received numerous calls regarding the issue of the crossing guard, this issue has become a public safety issue for our children, it is a concern that certain things that were put in the fiscal budget will be undermined by other items that may seem more important, has visited several schools in the community and has witnessed the traffic around the schools, there needs to be crossing guards to protect our youth Minutes—May 22,2012 EXECUTIVE SESSION - Cancelled * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of City of Beaumont v. British Petroleum (BP) The City of Beaumont and Mayor Becky Ames, in Her Official Capacity as Mayor of the City of Beaumont v. Starvin Marvin's Bar and Grill, L.L.C.; No. 09-11-00229-CV Whit there being no Executive Session, Council adjourned at 2:27 p.m. Audio available upon request in the City Clerk's Office. Audwin SakweKCouncilmember , 1J,"I L&O y K04g—, Tina Broussard, City Clerk Minutes—May 22,2012