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HomeMy WebLinkAboutMIN JUN 26 2012 M I N U T E S - CITY OF BEAUMO'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 June 26,2012 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 June 26, 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 7-13/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor James Blackwell gave the invocation. Col. Gregory Baine, United States Army 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 "National HIV Testing Day"-June 28, 2012-Proclamation read by Councilmember Pate; accepted by Sherrie Ulmer, Director of Beaumont Public Health Department Presentation—Mayor Pro Tern Smith announced that there is a presentation to be given by Kerwin Stone, President of the Southeast Texas Vietnam Veterans of America Chapter 292. Mr. Stone presented Mayor Becky Ames with the Legislator of the Year award. Joining him was Sandra Womack with Chapter 292 and a member of the Patriot Riders, which is a group of veterans and other patriots who escort our heroes home who made the ultimate sacrifice for their Country. Ms. Womack presented Barbara Otto with the Friend of the Vietnam Veterans of America award. Public Comment: Persons may speak on scheduled agenda items 7-13/Consent Agenda. None CONSENT AGENDA Approval of minutes - June 19, 2012 Minutes—June 26,2012 Confirmation of committee appointments - None A) Approve an amended pipe line crossing contract with the Kansas City Southern Railway Company related to the Main Street Utility Relocation Project— Resolution 12 - 138 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 COLEMAN, GETZ,WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider an ordinance approving a request for a zone change from RS(Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling- Medium Density) District or more restrictive district on property located north of Sienna Trails Subdivision. Daniel Dotson, representing Muse Limited, Inc., has applied for a zone change. In November, 2006, a master plan was submitted for the entire property. That plan called for approximately 38 acres for single family development, approximately 12 acres for apartments and approximately 12 acres for patio homes and elderly housing. In March, 2007 and again in January, 2010, City Council approved several zone changes to allow for a variety of housing types. In 2010, there was a concern over what an increase in density might have on traffic flow on Concord. However, work on this section of Concord should begin before the end of 2012. The City of Beaumont Transportation Division does not feel that this rezoning to RM-M for the remainder of the property will adversely affect Concord. At a Joint Public Hearing held June 18, 2012, the Planning Commission recommended approval 7:0 of a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District on property located north of Sienna Trails Subdivision. Approval of ordinance. 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 RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING — MEDIUM DENSITY) DISTRICT FOR PROPERTY LOCATED NORTH OF SIENNA TRAILS SUBDIVISION, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR Minutes—June 26,2012 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, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 12 - 029 2. Consider an ordinance approving a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District or more restrictive district at 2020 East Lucas. June Thibodeaux has applied for a zone change. June Thibodeaux has applied for a zone change for 0.39 acres of land behind her existing tax preparation office. The property is located at 2020 E. Lucas. Ms. Thibodeaux states that she would like to move a building onto the subject property to use for additional office space and storage. The south 135'of Ms. Thibodeaux's property is zoned GC-MD. To use the north 135'of her property for her business, a zone change is required. Since January, 2006, of the two zone changes to commercial along the north side of E. Lucas Drive, both have been to GC-MD-2. What makes those zone change requests different from this one is that they both were adjacent to developed single family residential areas. Ms. Thibodeaux's property backs up to a creek and a large, wooded, undeveloped area zoned RM-H. This area is unlikely to develop for many years to come, if ever. Therefore, the Planning Manager does not think that rezoning the rear of Ms. Thibodeaux's to GC-MD will be detrimental to any surrounding properties. To be able to move the accessory building onto the property,the building must have a State seal, be made ADA accessible, have an ADA restroom and must meet the wind load requirements(tie-downs). As an accessory building, it will not be required to be placed on a permanent foundation. At a Joint Public Hearing held June 18, 2012, the Planning Commission recommended approval 7:0 of a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District at 2020 East Lucas. Minutes—June 26,2012 Approval of ordinance. Mayor Pro Tern Smith made a motion 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 GC-MD(GENERAL COMMERICAL—MUUTPLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED AT 2020 EAST LUCAS, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Coleman seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 12 - 030 3. Consider an ordinance approving amendments to the Zoning Ordinance, Sec. 28.03.020 (f)(3)(13), Sec. 28.03.020 (f)(3)(D), Sec. 28.03.020 (f)(4)(A), Sec. 28.03.020 (f)(4)(C), Sec. 28.03.021 (0(4)(B), Sec. 28.03.021 (f)(5)(A), Sec. 28.03.021 (f)(5)(B), Sec. 28.03.021 (f)(5)(C), Sec. 28.03.024 (b)(1) and Sec. 28.04.008 (b)(3). Staff has been reviewing the Zoning Ordinances for corrections and additions that need to be made to the Zoning Ordinance, Section 28. These changes are clean up items dealing with signs and reader boards. At a Joint Public Hearing held June 18, 2012, the Planning Commission recommended approval 7:0 of amendments to the Zoning Ordinance, Sec. 28.03.020 (f)(3)(B), Sec. 28.03.020 (f)(3)(1)), Sec. 28.03.020 (0(4)(A), Sec. 28.03.020 (f)(4)(C), Sec. 28.03.021 (f)(4)(B), Sec. 28.03.021 (0(5)(A), Sec. 28.03.021 (f)(5)(B), Sec. 28.03.021 (f)(5)(C), Sec. 28.03.024 (b)(1) and Sec. 28.04.008 (b)(3). Approval of ordinance. Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28,SECTIONS 28.03.020(f)13)(8),28.03.020(f)(3)(D),28.03.020 (f)(4)(A), 28.03.020 (f)(4)(C), 28.03:021 (f)(4)(B), 28.03.021 (f)(5)(A), 28.03.021 (f)(5)(B), 28.03.021 (f)(5)(C), 28.03.024(b)(1)and 28.04.008 (b)(3)OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO MAKE CORRECTIONS AND ADDITIONS; 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, PATE AND SAMUEL Minutes—June 26,2012 NAYS: NONE MOTION PASSED Ordinance 12 — 031 4. Consider an ordinance approving a request for a specific use permit to allow an employment agency in an NC(Neighborhood Commercial) District at 3390 Harrison Avenue. Grant Fowler, representing LC Personnel, Inc., has applied for a specific use permit. Mr. Fowler states that the full-service temporary staffing company provides employees with a wide variety of skills to their client companies. At any given time, LC Personnel temporary employees are working on plant maintenance and shutdowns, manufacturing, hospitality, office/clerical, construction and many other industries. The Beaumont branch office will be located in an existing building and will be operated by two full-time employees, a Branch Manager and an Office Manager. They will be responsible for sales and marketing, recruiting, screening, hiring and dispatching employees, payroll, collections and other administrative activities. At a Joint Public Hearing held June 18, 2012, the Planning Commission recommended approval 7:0 of a specific use permit to allow an employment agency in an NC (Neighborhood Commercial) District at 3390 Harrison Avenue. Approval of ordinance. Councilmember Wright made a motion to ADOPT AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN EMPLOYMENT AGENCY IN AN NC(N€IGHBORHOOD COMMERCIAL) DISTRICT AT 3390 HARRISON AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. 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 Ordinance 12 - 032 5. Consider an ordinance approving a request for a specific use permit to allow the filling of oxygen tanks in an LI (Light Industrial) District at 2155 Interstate 10 East. Minutes—June 26,2012 J. C. Mazoch, representing Coastal Welding Supply, has applied for a specific use permit. Mr. Mazoch states that Coastal Welding Supply's Phase I activities include relocating its administrative offices as well as some of its welding supply inventory consisting of welding electrodes and wire and miscellaneous industrial supply items. In addition, the company will be relocating and expanding their inert cylinder gas filling to the new location. Phase II will include the filling of oxygen tanks at the IH- 10 facility. At a Joint Public Hearing held June 18, 2012, the Planning Commission recommended approval 7:0 of a specific use permit to allow the filling of oxygen tanks in an LI (Light Industrial) District at 2155 Interstate 10 East. Approval of ordinance. Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE FILLING OF OXYGEN TANKS IN AN LI (LIGHT INDUSTRIAL) DISTRICT AT 2155 INTERSTATE 10 EAST IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN, GETZ,WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 12 - 033 6. Consider an ordinance approving a request for an HC-L(Historic Cultural-Landmark Preservation) Designation for the house at 470 Jackson. Demetria Standberry, the daughter of the owner of the property, has applied for an HC-L (Historic Cultural-Landmark) Designation. Ms. Standberry states that the house was built more than 100 years ago. In 1878, the property was sold to the Beaumont Lumber Company. As early as 1900, J.D. Kilgore used the house as his family residence and a grocery store. In 1915, Mr. Kilgore purchased the property. As the community prospered, so did the grocery store. Eventually the store was relocated to Irving Street where it continued to serve the community. After several changes in ownership, the property was sold in 1966 to Ms. Standberry's grandparents, Mr. and Mrs. H. Standberry. The house served as both Minutes—June 26,2012 the Standberry's residence and Mr. Standberry's shoe repair shop. Eventually the shoe repair shop was moved next door. Mrs. Standberry also ran a small seamstress business from the house. Mr. Standberry passed his trade on to the next generation. Currently, the second generation owns and operates a shoe repair shop and barber shop located on Washington. While the house was damaged by Hurricane Rita, it has not had any significant changes to its design since it was originally built. The house is an excellent example of working class housing built during the early growth period of Beaumont. On June 11, 2012, the Historic Landmark Commission recommended approval of the HC-L Designation. At a Joint Public Hearing held June 18, 2012,the Planning Commission recommended approval 7:0 of an HC-L(Historic Cultural-Landmark Preservation) Designation for the house at 470 Jackson subject to the following condition: 1. If the house is ever demolished, the HC-L Designation will be removed by the City of Beaumont. Approval of ordinance subject to the following condition: 1. If the house is ever demolished, the HC-L Designation will be removed by the City of Beaumont. Councilmember Samuel made a motion 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 ESTABLISHING AN HC-L (HISTORICAL-CULTURAL LANDMARK PRESERVATION) DESIGNATION FOR THE HOUSE LOCATED AT 470 JACKSON, 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, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 12 — 034 Minutes—June 26,2012 7. Consider an ordinance approving the abandonment of a 3'wide portion of an easement at 6835 Lexington. Richard Riggs has applied for the abandonment. The abandonment is for the north T of a 20' wide utility easement across the south end of the subject property. Mr. Riggs states that the purpose of the abandonment is to allow the construction of an addition onto the rear of his house. This item was sent to all interested parties. No negative responses have been received. At a Regular Meeting held June 18, 2012, the Planning Commission recommended approval 7:0 of the abandonment. Approval of ordinance. Councilmember Coleman made a motion to ADOPT AN ORDINANCE VACATING AND ABANDONING A 3'WIDE PORTION OF AN EASEMENT LOCATED AT 6835 LEXINGTON, BEAUMONT, JEFFERSON COUNTY,TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 12 — 035 8. Consider an ordinance approving the abandonment of a 1.8' x 55.4' portion of a 20'wide utility easement at 7310 Highway 105. Linh Berryhill has applied for the abandonment. In May, 2008, Ms.Berryhili requested the abandonment of a 1.8' x 55.4' portion of a 20' wide utility easement adjacent to Highway 105. The Benyhills constructed a martial arts studio on the subject property. Prior to construction of the 55' x 90' metal building, they hired an engineer to perform site engineering and preliminary layout of the building. Somehow, layout stakes were accidently knocked over or removed and replaced incorrectly prior to initial setup. The building was setup, formed and concrete poured using these incorrect stakes. A subsequent slab survey indicated the aforementioned encroachment into the easement. In addition to encroaching into the easement,the building also encroaches 1.8'into the 20' front yard building setback. On May 1, 2008, the Board of Adjustment granted a variance to the front yard building setback. This item was sent to all interested parties. Entergy originally objected to the requested abandonment. Because of that objection,the Planning Commission tabled action on this item. Since that time, Entergy has re-evaluated its objection and has now withdrawn it. Entergy no longer has an issue with the abandonment. Minutes—June 26,2012 At a Regular Meeting held June 18, 2012, the Planning Commission recommended approval 7:0 to abandon the easement. Approval of ordinance. Councilmember Pate made a motion to ADOPT AN ORDINANCE VACATING AND ABANDONING A 1.81X55.4' PORTION OF A 20' WIDE UTILITY EASEMENT AT 7310 HIGHWAY 105, BEAUMONT, JEFFERSON COUNTY, TEXAS. 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 Ordinance 12 —036 9. Consider an ordinance amending Section 20.03.003 of the Code of Ordinances changing the speed limit on a section of Delaware Street. City staff conducted a traffic study and an evaluation of the speed limit on Delaware Street from Dowlen Road to Major Drive. The spot traffic study conducted in this area indicated that the majority of drivers are driving faster than the current speed limit. It is recommended that the speed limit and speed zone boundary change within this section as shown below: treet Limits of zone Dir. of Travel Speed Delaware (a) From a point 50 feet west of the centerline East and West 35 of 19tn street to a point 600 feet east of the centerline of Oak Trace Drive. (b) From a point 600 feet east of the centerline East and West 40 of Oak Trace Drive to a point 900 feet West of Dowlen Road. street Limits of zone Dir. of Travel Siated Delaware (c) From a point 900 feet West of Dowlen Road East and West 45 to the center line of F.M. 364 (Major Drive) Approval of Ordinance. Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 20, SECTION 20.03.003 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO CHANGE THE SPEED LIMIT ON A SECTION OF DELAWARE STREET; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Pate seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL Minutes—June 26,2012 NAYS: NONE MOTION PASSED Ordinance 12 - 037 10. Consider a resolution approving the transfer of $900,000 from the Fund Balance in the General Fund to the Municipal Transit Fund. The Municipal Transit Fund accounts for the activities of the Beaumont Municipal Transit System. The City of Beaumont receives funding from the Federal Transit Administration, the Texas Department of Transportation, and farebox revenue, which goes toward operating transit services. These three revenue sources are projected to cover 54% of transit expenditures in FY 2012. Therefore,transfers are made from the General Fund, as necessary, to cover the remainder of expenditures. The Municipal Transit Fund is projected to have a shortfall of$575,000 at the end of FY 2012,which is on September 30, 2012. A transfer of$900,000 from the General Fund will cover the projected shortfall, and provide a fund balance in the Transit Fund of approximately $325,000. If the transfer of$900,000 is approved, a total of$2,450,000 will have been transferred from the General Fund to the Transit Fund in FY 2012. As city staff projects transit expenditures for FY 2013,the General Fund will likely need to transfer at least$2,200,000 to the Transit Fund as a part of the FY 2013 Budget. As of April 30, 2012, the Fund Balance in the General Fund was projected to be $27,838,505 at the end of the fiscal year which is $2,100,641 more than the FY 2012 Budget estimated. If$900,000 is transferred to the Transit Fund, there will be a projected $26,938,505 in the Fund Balance,which is 25%of expenditures. Financial projections for the Transit Fund are attached for your review. Approval of ordinance. Councilmember Samuel 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 TRANSFER$900,000 FROM THE GENERAL FUND TO THE MUNICIPAL TRANSIT FUND; 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, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 12 — 038 Minutes—June 26,2012 11. Consider a resolution approving a contract for the East Lucas Sidewalks Project(US 69 to Railroad Tracks). The Project includes the replacement of drainage structures and installation of sidewalk from US 69 to the railroad tracks on East Lucas. The sidewalk will be located on the south side of the road and will start where TXDOT concludes their sidewalk project. On June 7, 2012 the City of Beaumont received four(4) bids for the Project. The low bid was submitted by Allco, Ltd. in the amount of$332,100. The MBE participation is with Crabtree Barricade Systems, and American Remediation in the amount of$5,953.75 representing 1.79%of the contract amount. Due to the nature of the work, Allco plans to utilize their own forces to conduct the work. Capital Program. Approval of 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 ALLCO, INC., OF BEAUMONT, TEXAS, IN THE AMOUNT OF $332,100.00 FOR THE EAST LUCAS DRAINAGE IMPROVEMENT REHABILITATION PROJECT. Councilmember Wright seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 12 - 139 12. Consider a resolution approving a contract for maintenance and repair services for use by the Building Services Division. Bids were requested for an annual contract to provide on demand repair, maintenance, and light construction services as needed by the Building Services Division. The contract does not include demolition services, or projects which are reasonably anticipated to approach or exceed $75,000. Seven (7) vendors were notified and four (4) responses were received. Specifications requested hourly labor rates for carpenters, helpers, concrete finishers, equipment operators and general laborers together with percentage markup for materials and equipment rentals. Bids were evaluated on total annual cost based upon estimated labor hours for each skill category and condition. Low bid was received from Bruce's General Construction, Inc., of Beaumont who has held this contract for several years. Journeyman labor rates in this bid represent an average reduction of 45% below current contract rates. Minutes—June 26,2012 General Fund. Approval of resolution. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY BRUCE'S GENERAL CONSTRUCTION,OF BEAUMONT,TEXAS,FOR MAINTENANCE AND REPAIR SERVICES AS NEEDED BY THE BUILDING SERVICES DIVISION IN THE ESTIMATED AMOUNT OF $210,600 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 - 140 13. Consider a resolution authorizing Dalcor Pine Club, LTD to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for the Pine Club Apartments at 5015 Pine Street, a Low Income Housing Tax Credit (LIHTC) project and offering support for the project. Dalcor Pine Club, LTD is requesting authorization to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for use of LIHTC funds for the rehabilitation and improvement of a two hundred and thirty-two (232) unit multi-family housing development known as Pine Club, located at 5015 Pine Street. Pine Club was constructed as an affordable housing property approximately fifteen (15)years ago. This proposed project involves the reissuing of tax credits in order to update the property. Specifically, this will include installing energy efficient air conditioning systems, appliances and solar window screens. In addition, anew business center will be constructed that will be used for job counseling and services for the residents. Currently, the area of the rehabilitation project has more than twice the state average of subsidized housing units per capita. As such, funding the rehabilitations of these subsidized units would not be allowed in this area unless the project and the allocation of tax credits is supported by the City Council. It should be noted that because Pine Club was originally developed as an affordable housing project, no new affordable housing units will actually be established in this area. Approval of this resolution would allow TDHCA to consider funding Pine Club Apartments, as required by §50.8(2)(A) of the Texas Administrative Code. State Housing Tax Credits will be used, with no participation required by the City. Approval of resolution. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE GOVERNING BODY OF THE CITY HEREBY ACKNOWLEDGES THAT THIS RESOLUTION SHALL CONSTITUTE A WRITTEN STATEMENT OF SUPPORT FOR THE CONSTRUCTION OF THE DEVELOPMENT AS REQUIRED Minutes—June 26,2012 BY SECTION 50.8(2)(A)OF THE TEXAS ADMINISTRATIVE CODE. 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 - 141 COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - REMINDED CITIZENS THAT NEXT WEEK IS THE 4' OF JULY CELEBRATING OUR COUNTRY, THERE WILL BE FIREWORKS DOWNTOWN AND OTHER FESTIVITIES, ASKED THAT EVERYONE CHECK OUT THE WEB SITE REGARDING THE FESTIVITIES AND BE READY TO HAVE SOME FUN COUNCILMEM13ER GETZ- THANKED THE CITIZENS THAT ATTENDED THE PUBLIC FORUM AT ROGERS PARK ON LAST NIGHT, THERE WAS SOME SPIRITED DISCUSSION, SEVERAL IDEAS WERE PROPOSED THAT HE WANTED TO SHARE WITH HIS FELLOW COUNCILMEMBERS, ONE WAS THE POSSIBILITY TO HAVE COUNCIL MEETINGS IN THE EVENINGS ON OCCASIONS, THOUGHT IT WAS A GOOD IDEA AND MERITS EXPIRATION,IT'S HARD FOR A LOT OF PEOPLE TO COME TO MEETINGS AT 1:30 P.M., COMMENTED ON THE ANDY RODDICK FOUNDATION THAT PUT ON ITS TENNIS TOURNAMENT THIS WEEKEND, THERE WERE 84 PARTICIPANTS,HE PLEDGES TO COME BACK NEXT YEAR, COMPLIMENTED RANI ToHME ON HIS EFFORTS FOR BRINGING THE TEXAS SOCIETY FOR PROFESSIONAL ENGINEERS TO THE CITY LAST WEEK, HAD OVER 400 PARTICIPANTS AT THE EVENT, GREAT TO HAVE ENGINEERS FROM ALL ACROSS THE STATE ATTENDING,THE SIDEWALKS IN AMELIA ALONG ENFIELD ARE BEGINNING,THAT'S A GREAT THING IT WILL REALLY ALLEVIATE A BIG PROBLEM OUT THERE WITH CHILDREN TRYING TO WALK TO SCHOOL, ALSO COMMENTED ON THE MUNICIPAL TRANSIT SYSTEM,STATED COUNCIL JUST APPROVED TRANSFERRING $900,000 INTO THE TRANSIT FUND, WITH THE PROJECTIONS THIS COMING YEAR BEING$5 MILLION WHICH IS WHAT IT IS GOING TO COST TO RUN THAT PROGRAM, WE SEE THAT THERE ARE APPROXIMATELY 1,000 CITIZENS USING THAT PROGRAM, THAT'S $5,000 PER PERSON, CHALLENGED HIS COUNCILMEMBERS TO THINK OUTSIDE THE BOX OF OTHER WAYS THAT THEY MIGHT BE ABLE TO SERVE THESE PEOPLE THAN SPENDING$5 MILLION ON A 1,000 CITIZENS, THINKS THERE ARE THINGS THAT THEY CAN DO TO PROVIDE BETTER Minutes—June 26,2012 AND MORE EFFICIENT SERVICE, WOULD LIKE TO SEE THE COUNCIL EXPLORE THOSE OPPORTUNITIES,THERE HAS NOT BEEN MUCH CHANGE IN THE MUNICIPAL SYSTEM IN THE LAST 50 YEARS, THE ROUTES HAVE JUST GOTTEN LONGER, THE BUSES ARE NICE BUT THEY RUN AROUND EMPTY MOST OF THE TIME,THE COUNCIL NEEDS TO THINK OF WAYS TO MAKE THIS SYSTEM BETTER AND TO BE UTILIZED MORE COUNCILMEMBER WRIGHT- OFFERED CONDOLENCES TO THE FAMILY OF CHARLES LEVIAS,JR.,CONGRATULATED DAVID KIKER ON BECOMING CAPTAIN,JOHN CROSS,SR.,ON LIEUTENANT AND HOWARD TRAHAN, ill ON SARGENT,WON'T BE ABLE TO ATTEND THE CEREMONY ON THIS EVENING BUT WANTED TO CONGRATULATE EACH OF THEM, ALSO STATED SHE APPRECIATES THE NEW CHIEF ON ALL THAT HE IS DOING AND THE POSITIVE WAY THAT HE IS DOING THEM COUNCILMEMBER PATE- COMPLIMENTED THE MAYOR ON THE LEADERSHIP THAT SHE PROVIDES AND FROM THE STAND POINT OF WHAT CAN WE DO NOT JUST FOR THE VETERANS BUT FOR ALL THE CITIZENS, STATED THAT RODNEY AMES WAS IN THE MILITARY AS WELL HE AND COUNCILMEMBER SMITH WHO HAS HAD THE HONOR AND PRIVILEGE OF WEARING THE UNIFORM, STATED THE MAYOR GOES ABOVE AND BEYOND BY PROVIDING THE LEADERSHIP SO THAT THOSE THAT SERVE INSIDE THE CITY ARE APPRECIATED,SHE WORKS TO MAKE SURE THE MILITARY EMPLOYEES HAVE A JOB WHEN THEY GET BACK,ALSO GAVE CONDOLENCES TO THE FAMILY OF CHARLES LEVIAS, JR., THEIR SON WAS THE FIRST BLACK ATHLETE TO PLAY IN THE SOUTHWEST CONFERENCE,ALSO ENCOURAGED EVERYONE TO COME OUT AND CELEBRATE WHAT CHANGED THE WORLD AND THAT WAS.JULY 4,1776,CHECK THE WEB SITE FOR ALL THE FESTIVITIES THAT WILL BETAKING PLACE DOWNTOWN COUNCILMEMBER SAMUEL- CONGRATULATED HANI TOHME ON A SUCCESSFUL CONFERENCE,VERY WELL ATTENDED FROM WHAT HE HEARD, EVERYONE THAT HE TALKED TO THAT ATTENDED TRULY ENJOYED IT,CONGRATULATED THE MAYOR FOR ONCE AGAIN SHOWING HER TRUE LEADERSHIP NOT ONLY IN BEAUMONT BUT IT SHOWS ALL ACROSS OUR STATE VERY PROUD OF HER, ENCOURAGED HER TO CONTINUE THE GOOD WORK,ASK THAT THE CITY MANAGER HAVE SOMEONE LOOK AT THE 1900 BLOCK OF PINE STREET COMING OFF THE FREEWAY IT IS IN VERY BAD CONDITION MAYOR PRO TEM SMITH - CONGRATULATED THE MAYOR ON HER LEGISLATOR OF THE YEAR AWARD, GAVE CONDOLENCES TO THE FAMILY OF CHARLES LEVIAS,JR. CITY ATTORNEY COOPER- CONGRATULATED THE MAYOR Minutes—June 26,2012 CITY MANAGER HAYES- CONGRATULATED THE MAYOR MAYOR AMES - ENCOURAGED EVERYONE TO COME OUT AND ENJOY THE 4TH OF.JULY CELEBRATION DOWN TOWN, INFORMATION CAN BE OBTAINED ON THE CITY OF BEAUMONT WEB SITE AT W W W.0 ITYOFBEAU MONT.COM Public Comments (Persons are limited to three minutes) Mark Cassidy 1469 Interstate 10 Beaumont TX Stated that he put a conversation between him and the Building Codes inspector on youtube, gave information on how to listen to the conversation, understands the need for building codes and ordinances but the reality is a lot of times a homeowner or property owner that has the knowledge can do the repairs themselves, the City forces you to hire a contractor and a lot of times the contractors are crooks, they steal the property owners money and they do a shoddy job, just because they can pull a permit doesn't mean they can do the work, stated he purchased the property on Interstate 10, was going to make a residence out of the house, the inspectors passed by and put a stop work on some work that he was doing to the property, stated he recorded his conversation with Mr. Daniels because he is always trying to find something wrong and always trying to shut someone down, but before he does that everyone should have due process With there being no Executive Session, Council adjourned at 2:37 p.m. Audio available upon request in the City Clerk's Office. 4"1 k A t� Be Ar7, Mayor ILI Tina Broussard, City Clerk Minutes—June 26,2012