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HomeMy WebLinkAboutPACKET MAR 18 2014it[( 'H 'A [III GYf'OH7l' NIT I BEA.[IMON* T• E• X• A• S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 18, 2014 1:30 P.M. CONSENT AGENDA Approval of minutes — March 4, 2014 Confirmation of committee appointments A) Approve a resolution authorizing the City Manager to enter into an agreement with Lamar University related to Public Education Government Programming funds B) Approve a resolution authorizing the City Manager to renew the loan agreement with the National Museum of the United States Air Force 0 ItICH WITH OPPORT'UNIT'Y 111'EA,[11�ICIII. T• E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Bart Bartkowiak, Chief Technology Officer March 18, 2014 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into an agreement with Lamar University related to Public Education Government Programming (PEG) funds. BACKGROUND In 2005 the Texas Legislature passed legislation enacting a new Chapter 66 to the Texas Utilities Code, authorizing a state - issued certificate of franchise authority for cable and video providers. Within Chapter 66 it specifies that the operation of public, educational and governmental (PEG) access channels for noncommercial programming shall be the responsibility of the municipality receiving the benefit of such channel. Currently the City of Beaumont operates the governmental PEG channel and Lamar University operates the educational PEG channel under agreement with the City of Beaumont. Lamar University needs to upgrade hardware and software required for broadcasting LUTV over the educational PEG channel. The City of Beaumont agrees to reimburse Lamar University up to S134.400 for the purposes of this upgrade. The reimbursement will be made from monies received from Time Warner that are restricted for capital expenditures for public and governmental programming. FUNDING SOURCE Public Education Government Programming (PEG) Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT.- THAT the City Manager be and he is hereby authorized to enter into an agreement with Lamar University in a reimbursable amount not to exceed $134,400 for the purchase and upgrade of equipment related to broadcasting for LUTV. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of March, 2014. - Mayor Becky Ames - City of Beaumont Agreement between the City of Beaumont and Lamar University regarding equipment for LUTV The City of Beaumont and Lamar University hereby agree: 1. There is mutual benefit to each other and to the citizens of the community and surrounding areas in acquiring newer technology and enhanced technical equipment for the operation of LUTV, (the local Public, Educational, and Government (PEG Channel). 2. In accordance with that mutual goal and in keeping with previously agreed documents which are attached (see Attachments) and included here by reference, the City of Beaumont agrees to reimburse Lamar University up to $134,400, for the purchase and upgrading of equipment related to broadcasting, the listing and cost of which is set forth in Exhibit A. 3 Lamar University agrees to purchase the equipment and see that it is properly installed and in good working order and agrees to maintain the equipment. 4. The City of Beaumont agrees to reimburse Lamar University within 30 days of receiving the receipt for purchases consistent with Exhibit A. 5. The Parties agree that if a dispute arises they will first try to work it out between themselves in a good faith effort to resolve their differences. If they cannot reach agreement they agree that they may seek redress in legal action. Notwithstanding anything in this section, however, both parties agree that this contract does not grant a waiver of the constitutional, statutory or common law rights, privileges, defenses or immunities of the parties. Office of the City EXHIBIT "A" Fax (409) 880 -3112 P.O. B 7704 -3827 The following persons certify that they have the authority to act on behalf of the City of Beaumont and Lamar University respectively: City of Beaumont Signature Printed Signature Date Signed Lamar University Signature Printed Signature Date Signed V'f J E CL cr W z 0. 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U N r I m c—I 00 lD VC1 cc (B V) ` L 4 C1 U 7 a o 0 +, > C- O � � U LA v 4, 'F m m N m D E 0 L O a� Ln U L U r� � U Q. v) Ln E v) v O N � N Ln Q O ro z in a) f— \ CD L1 fB L7 z w O O 3 Q) (n C � tiD u ro O O IL N -0 @ c� Q a, C .� Q U 0 _o U `O F- 0 O U -C C cn w = f0 hA E a1 z G U u O L- 4 C U U U > LA Q L — Ln Ln fa O O d M LL Q 00 E L N U O 4 N O. r, = E w o C7 m o Q n v O v LL C d u E Q O 1 O 1 V CA CJ d � w O rCV N m � O a. > a �q -i 't rH v rc O E 0 O Ln U L U � Q. v) E v) O N � N Ln Q O ro v U m a) f— \ CD L1 fB L7 z w O O 3 Q) (n C � tiD u ro O O IL N -0 @ c� Q a, C .� Q U 0 _o U `O F- 0 O U -C C cn w (6 < f0 hA E a1 z G U u 7-0—J RICH WITH C3PPORI'UNITY r rk ► 11 1�1 C1 I' T- E - X• A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Ryan Slott, Parks and Recreation Director March 18, 2014 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to renew the loan agreement with the National Museum of the United States Air Force. 13ACKGROUND In 1991 the United States Air Force loaned the City a jet to be used only for display purposes. The jet is located at Babe D. Zaharias Park. Department of Defense regulations require the Air Force to check each year on the status of the jet to be sure that it is being used as intended. The National Museum of the United States Air Force, which is now charged with the responsibility of verifying the status of the jet, is requesting that the loan agreement be renewed in accordance %with the original terms of the loan and federal regulations. The jet is an attractive addition to the park and staff wishes to keep it there on display. BUDGETARY IMPACT Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute the necessary documents to renew the loan agreement with the National Museum of the United States Air Force for the jet on display at Babe D. Zaharias Park. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of March, 2014. - Mayor Becky Ames - RICII WIT11 OPPORTUNITY I T- » • X • A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 18, 2014 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda item No. 1 /Consent Agenda * Consent Agenda GENERAL BUSINESS Consider a resolution approving the termination of a solid waste franchise agreement with Mr. Garbage LLC PUBLIC HEARING * Receive comments related to the sale of 625 Orleans Street, commonly known as the Hotel Beaumont, the redevelopment of which was financed with Section 108 Loan Program funding from the Department of Housing and Urban Development COMMENTS * Councilmembers /City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTVE SESSION * As authorized by Section 551.087 of the Government Code, to discuss and deliberate economic development negotiations regarding a business entity proposing a Ford Park Convention Hotel and Water Park Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880 -3777 three days prior to the meeting. 1 March 18, 2014 Consider a resolution approving the termination of a solid waste franchise agreement with Mr. Garbage LLC HICH WITH OPT'ORTUNITY [I r ► [I 1�1 C1 11 T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, CFO MEETING DATE: March 18, 2014 REQUESTED ACTION: Council consider a resolution approving the termination of a. solid waste franchise agreement with Mr. Garbage LLC. BACKGROUND Mr. Garbage LLC has failed to report monthly receipts and pay franchise taxes due in accordance with their franchise agreement with the City of Beaumont. The company has failed to make payments for December 2013, January 2014, and February 2014. City Staff has worked with Mr. Garbage for several months attempting to resolve discrepancies in reports that were filed and collect payment for the outstanding months, some of which the company just paid on March 5. 2014. In accordance with Section 11 of the franchise agreement, written notice was sent on December 6, 2013, February 11. 2014, and then again on February 21. 2014, notifying them that they had ten (10) days from the mailing of the notice to settle their past due account ith the City. On March 4, 2014, Staff spoke with the owner of the company after many attempts. Owner indicated after making the payment on March 5, 2014, lie would be proposing a payment plan for the remaining months. To date, no proposal has been received and above - referenced charges are still outstanding. FUNDING SOURCE Not applicable. RECOMMENDATION % \pproval of resolution. Cite of Beaumont Cash Management P. O. Box 3827 IIEA,[1110 Beaumont. TES: 77 "04 -382- T- E - X A S Phone: (409)880 -3772 Fax: (409)880 -3113 TO: T; -)du- Simoneaux FROM: Christine Orchid. ext I_77 DAT`=: March 5,. 2014 RE: History o' contact with Mr. GarbaL,-e re: Solid Waste Franchise Fees 1i -'9 i - customer paid fees due October. November_ December 2012 and January 2i' /81'1 - customer paid fees due February 1 _5'; account now paid according to terms: no fees clue 4," — :;ustomer paid fees due for March 151 account no,,� palm according? 10 ?':'rrl,s 10 +ees due made collection call - fees due for April I qtr and May 1 �" 6/7 i - mailed standard collection letter - fees due Mav 1 with reminder re: June t° 7'? - called customer to elarif�� payments and reports received tdue Mavn� June 519 1 - mailed standard collection letter -- fees due Jule with reminder re: August 1=t° 9;1 G '_ ? - mailed standard collection letter - fees due JuIv 1;� and Aug =ust 1. �`� with reminder re: September 15t": and notice that we will proceed with further action September ?01 performed audit re: Liquid VacSery account as their account was in more serious ar ears at this time: sent series of demand letters and resolved this account by the end o"November Dctober'tiovember 201 performed audit re: Mr. Garbage: prepared draft of letter finalized 12,6 1= 1- %6 4 -- sent demand letter requesting lull compliance on or before 1'2! 1011 ; with detailed histon- of compliance issues 14 - called customer fo110 «in <T up on 1? %1 l l = payment/report submitted - discrepancies exist 18'1 - called customer tollowinn up on 1 pa��ment�report submitted - discrepancies exist 112 _ - called customr (twice) following up on 1?'i 1 '1 payment,report. submitted discrepancies 12'31: 11 3 - spoke with customer and resolved a few issues regarding March and April payments /reports previously submitted compared to documentation submitted 12; 1 1 /13: reminded customer they are still in arrears for f.-es due .a_ugast_ September. October. and _November" with reminder that December 2013 is due Janua_n 1- th EMailed Todd on 1 31'1= and 1;'22 14 with demand letters for pus rev 111W 1 29!14 -- mailed standard collection letter 2:'7,'14 - mailed standard collection letter 2i1 1%14 sent demand letter via certified mail and via email requestina compliance_ adz isingo of 2/25/14 �= Cite Council date 2! 1 i4 -- sent demand let-Ler via certified mail and N-ia email requestinC7 compliance. advising of 3.4114 GT-ti Council, Cale ',,4­1 4 - sent email advising of Cite Council reset date to 3: 1 1; 14 " 7 ✓r ✓ / 1. RESOLUTION NO. WHEREAS, on August 12, 2008, the City Council of the City of Beaumont, Texas passed Ordinance No. 08 -053 granting a franchise to Mr. Garbage, LLC for solid waste collection and transportation services; and, WHEREAS, Mr. Garbage, LLC has failed to report monthly receipts and franchise taxes and currently has failed to make full payment for the amounts due for December 2013, January 2014, and February 2014; and, WHEREAS, City Council is of the opinion that it is in the best interest of the City to terminate the franchise agreement with Mr. Garbage, LLC; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the franchise agreement with Mr. Garbage, LLC be and it is hereby terminated; and, BE IT FURTHER RESOLVED THAT this action is not intended to waive any right to collect any outstanding payments due under the franchise. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of March, 2014. - Mayor Becky Ames - PUBLIC HEARING * Receive comments related to the sale of 625 Orleans Street, commonly known as the Hotel Beaumont, the redevelopment of which was financed with Section 108 Loan Program funding from the Department of Housing and Urban Development RICH WITH OPPORTUNITY 17E A. 11 1�1 C1 11 T - E - X• A - S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Chris Boone, Planning & Community Development Director March 18, 2014 REQUESTED ACTION: Council conduct a Public Hearing to receive comments related to the sale of 625 Orleans Street, commonly known as the Hotel Beaumont. the redevelopment of which was financed with Section 108 Loan Program funding from the Department of Housing and Urban Development. BACKGROUND In 1999, the City participated in the Department of Housing and Urban Development's Section 108 Loan Program, in partnership with the National Development Council, to renovate the property at 625 Orleans. The project involved the renovation of the building into a senior living facility for low -to- moderate income seniors. After a decade of the Hotel Beaumont providing this service, the City was contacted by the National Development Council and informed that they would no longer be able to operate the senior living facility. This project, among others, has been instrumental in the process of revitalizing downtown Beaumont. The City is planning to sell 625 Orleans in the hope that the building will once again be occupied and be a part of the continued revitalization of downtown. Given that Section 108 Loan funding was used, with loan repayment for this project and three other 108 Loan projects coming from CDBG allocations, a Public Hearing should be held in order to receive public comments on this sale of 625 Orleans. FUNDING SOURCE Not applicable. RECOMMENDATION Council conduct the Public Hearing.