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Home My WebLink AboutMIN AUG 27 2013 M I N U T E S - CITY OF BEAUMONT W.L. Pate, Jr., At-Large BECKY AMES, MAYOR Gethrel Wright, Mayor Pro Tern Dr.Alan B. Coleman,Ward I CITY COUNCIL MEETING Michael D. Getz, Ward If Audwin Samuel,Ward III August 27, 2013 Jamie Smith,Ward IV 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 August 27, 2013, 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 3-4/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Gerald Bryant with Pilgrim Rest Baptist Church gave the invocation. Mayor Pro Tern Wright led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Wright, Councilmembers Coleman, Getz, Pate, Samuel and Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "National Dog Day" - August 26, 2013 - Proclamation read by Councilmember Samuel; accepted by Vince Adkinson and other guest "National Prostate Cancer Awareness Month" —August, 2013 — Proclamation read by Mayor Ames; accepted by Norma Sampson, Regina Rogers and others with the Julie Rogers Gift of Life Program Presentation — Councilmember Coleman presented Ryan Slott, Parks and Recreation Director and Sherry Ulmer, Public Health Director with framed recognitions for their work on the "Let's Move" Initiative Public Comment: Persons may speak on scheduled agenda items 3-4/Consent Agenda. None CONSENT AGENDA Approval of minutes - August 20, 2013 Confirmation of committee appointments — Resolution 13 - 178 Minutes—August 27,2013 Paula Blazek would be reappointed to the Historic Landmark Commission. The current term would expire July 23, 2015. (Councilmember W.L. Pate, Jr.) A) Approve a resolution authorizing the City Manager to execute all documents necessary to accept funding in the amount of $472,012 from The Texas Department of State Health — Resolution 13 - 179 B) Services for use at the Beaumont Public Health Department — Resolution 13 - 180 C) Approve a resolution authorizing the City Manager to execute all documents necessary, Specifically a Grant Contract between the Office of the Attorney General and Beaumont Police Department — Resolution 13 - 181 Approve a resolution authorizing the Beaumont Convention and Visitors Bureau to apply for grant funds from the Jefferson County Tourism Commission related to a cooperative billboard advertising effort — Resolution 13 - 182 Councilmember Samuel made a motion to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1 . Consider an ordinance approving a specific use permit for additional school classrooms in an R-S (Residential Single Family Dwelling) District at 8200 Hwy 105. Southeast Educational Foundation, on behalf of Legacy Christian Academy, has applied for a specific use permit. The area is generally residential. The proposed addition of three modular classroom buildings is an expansion of the existing use. The initial application was received and approved in 1996. At that time, nine modular buildings were approved, and all have since been installed. The proposed use is compatible with existing uses in the area. Utilities and drainage in the area are adequate for the proposed use. Parking on the site is sufficient for the proposed expansion and an additional turn around for fire apparatus is to be provided on the north end of the existing access drive At a Joint Public Hearing held August 19, 2013, the Planning Commission recommended 5:0 to approve a specific use permit for additional school classrooms in an R-S (Residential Single Family Dwelling) District at 8200 Hwy 105. Minutes—August 27,2013 Approval of ordinance. Mayor Pro Tern Wright moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW FOR ADDITIONAL SCHOOL CLASSROOMS IN AN R-S (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT 8200 HIGHWAY 105 IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 13 — 049 2. Consider an ordinance abandoning a section of right-of-way on Leon Street at the north property line of 3755 Preston Street. Mr. Jesse Davis has applied for the abandonment. The subject right-of-way (ROW) abandonment is that portion of Leon Street located north of 3755 Preston. The parcel to the north of the ROW is vacant. This portion of Leon Street is unused. Mr. Davis states that he is requesting the abandonment so that he may incorporate a portion or all of it with his property at 3755 Preston. This item was sent to all interested parties. There are no utilities in the ROW and no plans or need to put any in the ROW. At a Joint Public Hearing held August 19, 2013, the Planning Commission recommended approval 5:0 of the abandonment. Approval of ordinance. Councilmember Smith moved to ADOPTAN ORDINANCE ENTITLEDAN ORDINANCE VACATING AND ABADONING A 35'x 143' UNIMPROVED STREET RIGHT-OF-WAY LOCATED ON LEON STREET NORTH OF 3755 PRESTON STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 13 - 050 Minutes—Aug usi 27,2013 3. Consider a resolution authorizing the City Manager to apply for and receive funds from FEMA's Severe Repetitive Loss Grant Program. In the past, the City has utilized grant funding to provide relief to victims of flooding by offering to purchase their homes. Following Hurricane Ike, twelve (12) families benefited from the buyout program and in 2010, six (6) families benefited from FE.MA's Severe Repetitive Loss (SRL) buyout program. In this current round of SRL funding, we are applying for grant funds in order to offer the owner of the apartment complex at 2505 Sweetgum a buyout opportunity. This property was selected as it is identified as a priority property on the Severe Repetitive Loss list. As with any flood buyout program, participation is strictly voluntary. Funds for the program, including application, acquisition, relocation and demolition would be available through this grant, with no required local match by the City. The Administration recommends approval. Councllmember Smith moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPLY FOR AND RECEIVE FUNDING IN AN AMOUNT OF $975,000 IN SEVERE REPETITIVE LOSS GRANT (SRL) FUNDING THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) TO PROVIDE RELIEF TO VICTIMS OF FLOODING BY OFFERING TO PURCHASE THEIR HOMES. Mayor Pro Tern Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 13 - 183 4. Consider a resolution approving a final change order and final payment to CF Jordan Construction for the construction of the Event Centre and authorize the City Manager to execute all documents related to the final settlement with CF Jordan Construction. A contract in the amount of $8,126,000 was awarded to CF Jordan Construction of Houston for the construction of the new Downtown Event Centre Complex in April 2010. Previously approved Change Orders 1 through 12 increased the contract amount by $196,340 and provided an additional 58 days for completion. The original scheduled completion date was May 24, 2011 which was extended until August 22, 2011. The project was not substantially complete until May 31, 2012 or 284 days after the approved extension. Change Order No. 13 is a credit in the amount of<$25,262.45>. The contract provided for liquidated damages in the amount of $1,000 per day for a total of $284,000. Administration is recommending settling with CF Jordan Construction for the final amount of $598,968.82. The matter was discussed with Council in executive session on May 14, 2013. Minutes—Augus:27,2013 Capital Program. Approval of Resolution COu ncllmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 13 AND HEREBY AUTHORIZED TO MAKE A FINAL PAYMENT IN THE AMOUNT OF $598,968.82 TO C.F. JORDAN CONSTRUCTION, L.L.C. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 13 - 184 WORK SESSION Review and discuss the proposed FY 2014 Budget and the proposed 2014 Capital Program Kyle Hayes, City Manager discussed the proposed FY 2014 Budget and the proposed 2014 Capital Program. The objectives stated were to maintain the excellent financial condition of the City, to continue to provide the same level of services citywide, to invest more resources in city streets and to continue to upgrade the water and sewer system. The proposed general fund budget is to increase the existing tax rate to $0.69/per $100 valuation, wage increases for civilians of 2%, contractual wage increases for Police of 2% and a contractual wage increase for Fire of 1%. The City Manager also discussed the general fund revenues, property value trends and the debt service fund. Water fund challenges were also discussed Water and Sewer revenue is projected to be down $2.3 million or 5.3% in 2013, payment in lieu of taxes decreased by $1.3 million in 2013 to compensate for the reduction in revenue. The fund balance in 2013 will be unable to support a large budget deficit, the proposed 6%water and sewer rate increase will be needed which will be effective October 1, 2013. The Water Utilities fund was discussed which included the revenues, expenditures, excess (deficit) revenues over appropriations, the beginning and ending fund balance. Medical Claim expenditures were discussed along with what was budgeted in and estimated in 2013; $12,650,000 budgeted and $14,100,000 estimated, $14,800,000 was budgeted in 2014. There was a regional medical rate comparison that was done with current and proposed for the City of Beaumont as well as comparison with Jefferson County, BISD and PAISD. The City Manager also discussed the Proposed 2013 Capital Program that included the public works projects, construction phases with their estimated cost, general improvement projects with the construction and design phases. Minutes—August 27,2013 PUBLIC HEARING Receive comments on the proposed FY 2014 Budget and the proposed 2014 Capital Program Public Hearing Open — 2:40 p.m. Theresa Goodness 98519 th St. Beaumont TX Spoke regarding the proposed 2014 Capital Project, thanked Councilmember Smith for bringing up the Tyrrell Park Community Building, stated that she's the Chair of the Jefferson County Historical Commission and that historical site has been a concern to their membership for some time, stated that the building is structurally unsound, the commission stands ready and willing to do anything they can to help the city get the word out to the community that the site needs to be preserved, it is an important historical site, it was built by the CCC in the Great Depression and was a German POW camp Darlene Chodzinski 7025 Shanahan Beaumont TX Stated that she is with the Beaumont Heritage Society and as many of Council knows they have a huge concern regarding the Tyrrell Park Community Building, it is something that has been one of their top projects for several years, stated that the bricks were handmade and brought from High Island, concerned that the roof and the back of the building is gone and opened to the element, if the bricks are damaged by water intrusion the bricks won't be able to be replicated, urged Council to find a way to do something to stop the water from entering the building, maybe a temporary roof of some sort, stated that the Heritage Society is available to help in any way they can Public Hearing Close — 2:44 p.m. PUBLIC HEARING Receive comments on the 2013 (FY 2014) Proposed Tax Rate Public Hearing Open — 2:44 p.m. None Public Hearing Close — 2:44 p.m. COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - ANNOUNCED THE GIFT OF LIFE 5K RUN ON OCTOBER 5, 2013, CONGRATULATED BILL DARLING FOR BEING APPOINTED AS A PORT OF BEAUMONT COMMISSIONER COUNCILMEMBER GETZ- REMAINS SUPPORTIVE OF THE CAPITAL PROGRAM AND REALIZES THE ITEMS IN THE PROGRAM ARE NECESSARY AND IMPORTANT, STILL CONCERNED THAT OTHER THAN A PORTION OF THE STREET REHAB NOT ANY OF THE CAPITAL Minutes—August 27,2013 PROGRAM ITEMS ARE TARGETED FOR THE WEST END OR AT LEAST WARD 2, ASKED COUNCIL TO BE MINDFUL AS THEY MOVE FORWARD IN THE YEARS TO COME THAT THE WEST END NEEDS TO FEEL THE LOVE TOO MAYOR PRO TEM WRIGHT- WISHED HER AUNT, OLLIE GRAVES A HAPPY 92ND BIRTHDAY,COMMENTED ON THE BOOK SIGNING OF JIM DENT AND JERRY LEVIAS AT BARNES AND NOBLE, JIM LEVIAS IS HER FIRST COUSIN COUNCILMEMBER PATE - COMMENTED ON BILL DARLINGS APPOINTMENT TO THE PORT OF BEAUMONT AS A COMMISSIONER, ANNOUNCED LAMAR UNIVERSITY'S OPENING GAME, STATED THERE ARE STILL TICKETS AVAILABLE, REMINDED EVERYONE TO DRIVE SAFELY OVER THE LABOR DAY WEEKEND AND TO PLEASE WEAR THEIR SEAT BELTS, MENTIONED A BOOK SIGNING ON FRIDAY NIGHT AT BARNES AND NOBLE WITH JIM DENT AND .TERRY LEVIAS THE NAME OF THE BOOK "THE KIDS GOT IT RIGHT" COUNCILMEMBER SAMUEL - INVITED EVERYONE TO THE WARD III FEDERATION MEETING AT THE STERLING PRUITT CENTER ON THURSDAY,AUGUST 29, 2013 AT 6:00 P.M., SEVERAL TOPICS WILL BE DISCUSSED SUCH AS SANITATION,CRIME,STREET,GARBAGE ETC. COUNCILMEMBER SMITH - THANKED STAFF FOR THE PRESENTATION OF THE BUDGET AND CAPITAL PROJECT, ALSO STATED THAT WEDNESDAY WILL MARK THE 50T" ANNIVERSARY OF THE MARCH ON WASHINGTON, IN SOME ASPECTS WE HAVE MADE TREMENDOUS STRIDES AS A COUNTRY, IN SOME ASPECTS WE HAVE NOT, HOPE THAT WE WILL ALWAYS CONTINUE TO FIGHT FOR OUR CIVIL LIBERTIES OF ALL OUR CITIZENS THAT RESIDES WITHIN THESE UNITED STATES CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - COMMENTED ON THE FUND RAISER BY SOME OTHER PLACE, AS WELL AS THE BOY SCOUTS WHO HAD THEIR ANNUAL FUND RAISING BANQUET, THE GUEST SPEAKER WAS REX TILLERSON, CEO OF EXXONMOBIL Public Comments (Persons are limited to three minutes) Mark Taylor 2990 Texas St. Beaumont TX Spoke to Council regarding transparency in Government, freedom of information act, public access concerning criminal matters and how to address questions, concerns and grievances Minutes—August 27,2013 William Johnson 1045 Madison St. Beaumont TX Commented on FEMA in regards to Item #3 on the Agenda, stated that he has not received any help Louis Vaughn 9615 Mapes Beaumont TX Spoke to Council regarding the street rehabilitation, specifically Westmoreland and 6th St. to Washington Blvd, these streets were done about a year ago, they are already deteriorating, they were redone a second time and are deteriorating again,when the rehab was first done it seemed like a good idea but at this point it's not working very well, the other issue is the street in front of Ozen High School, asked that the City vehicles and other large trucks be rerouted to another area due to the trucks tearing up the street, also commented on the street lighting along Lindberg to Major Dr. there's no street lighting, it is very dark in that area There being no Executive Session, Council adjourned at 3:03 p.m. AtAio available kon ��quest in the City Clerk's Office. M 's�Mayor ea Tina Broussard, City Cleir, 4 X Minutes—August 27,2013