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Home My WebLink AboutMIN FEB 14 2006 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith,Ward I GUY N. GOODSON, MAYOR Nancy Beaulieu,Ward II Andrew P. Cokinos,At-Large CITY COUNCIL MEETING Becky Ames, At-Large Audwin Samuel, Mayor Pro Tem,Ward III February 14, 2006 Bobbie J. Patterson, Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Rose Ann Jones, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on February 14, 2006, 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 1-5/Consent Agenda Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Reverend James Blackwell of the South Park Baptist Church gave the invocation. Mayor Goodson led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Goodson, Mayor Pro Tem Samuel, Councilmembers Smith, Beaulieu, Ames (arrived at 1:37 p.m.) and Patterson. Absent: Councilmember Cokinos. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions "Making Beaumont Greener One Tree at A Time Day" - February 18, 2006 - Proclamation read by Councilmember Beaulieu; accepted by Sharma Castillo of the First United Methodist Church of Beaumont, Jeanne Damon of the Trinity United Methodist Church of Beaumont and Tommy Chatlosh with the Newman Catholic Student Center of Lamar University Recognition: Mayor Goodson recognized Carolyn Chaney and Chris Giglio. Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda. Tim Breaux 7125 Firethorn Drive Beaumont TX Item #1: Representing the Griffith Place Neighborhood Association; concerned about the proposed tax credits in their area due to the continued saturation of low income housing in the area as well as increased traffic issues and related problems if additional multi-family units are built in the community Minutes-February 14,2006 Nancy Williams 7615 Greenfield Drive Beaumont TX Item#1: Concerned about the many crime related incidents which have created numerous problems in her community in relation to the low income housing residents and their guests CONSENT AGENDA Approval of minutes - February 7, 2006 Confirmation of committee appointments - Resolution 06-054 Arthur Louis would be appointed to the Martin Luther King, Jr. Parkway Commission. The term would commence February 14, 2006 and expire February 13, 2008. (Mayor Pro Tern Audwin Samuel) Tathia Landry would be appointed to the Martin Luther King Jr. Parkway Commission. The term would commence February 14, 2006 and expire February 13, 2008. (Mayor Pro Tern Audwin Samuel) Denise Spooner would be appointed to the Martin Luther King, Jr. Parkway Commission. The term would commence February 14,2006 and expire February 13, 2008. (Councilmember Nancy Beaulieu) A) Approve the emergency rental of a bulldozer for the Landfill - Resolution 06-055 B) Approve the purchase of one (1) diesel powered cab and chassis equipped with a jet rodder body - Resolution 06-056 C) Approve a contract for temporary personnel services - Resolution 06-057 D) Authorize the City Manager to execute an agreement with Workforce Centers of Southeast Texas to provide the City of Beaumont with temporary workers for the purpose of clean up, restoration and humanitarian efforts that are necessary as a direct result of recovery efforts associated with the Hurricane Rita disaster- Resolution 06-058 Councilmember Beaulieu made a motion to approve the Consent Agenda. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU,AMES AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving the conditional commitment of HOME Funds and General Funds for on-site development costs associated with developers requesting tax credits from the Texas Department of Housing and Community Affairs - Resolution 06-059 Page 2 of 9 Minutes-February 14,2006 During a work session on February 7, 2006,the Council received request from three developers for commitments of development funding relating to proposed multifamily tax credit projects. The developers are requesting tax credits from the Texas Department of Housing and Community Affairs for their proposed projects. The applications are scored on a point basis, and developments that receive an allocation of funds for on-site development costs from a Local Political Subdivision receive additional points. Although not present at the work session, there are two additional developers seeking tax credits from the State and commitments of funding from the City. All of the proposed developments are listed. Beaumont Downtown Lofts 527 Forsythe Street and 620 Pearl Street 40 Low-income Units Proposed $3,501 requested per unit from the City for a total of$140,040 Contact - Paul Fitch Stone Hearst II 1650 E. Lucas Drive 97 Low-income Units Proposed $1,001 requested per unit from the City for a total of$97,097 Contact - R. J. Collins Gulf Street Terrace 2900 block of Gulf Street 120 Low-income Units Proposed $3,501 requested per unit from the City for a total of$420,120 Contact - Robert Reyna Northwood Crossing N. Major Drive at Pindo Circle 124 Low-income Units Proposed $3,501 requested per unit from the City for a total of$434,124 Contact - Ike Akbari Sienna Trails Townhomes (36 units) Timber Creek at Sienna Trails (35 units) Briarbend at Sienna Trails (35 units) Concord Road behind Circuit City Amount requested unknown Contact - Mark Musemeche According to the Housing Manager, the City has $214,321 available in unencumbered HOME funds from prior program years. According to the City's representative from the Department of Housing and Urban Development(HUD),the City cannot commit future HOME Funds from the 2006 Program Year or subsequent years. Therefore, any funding committed beyond the $214,321 would have to be paid from the General Fund. Page 3 of 9 Minutes-February 14,2006 I The City Manager will write letters on behalf of the City of Beaumont committing any allocations for on-site development costs approved by the City Council. The allocation of funds will be contingent upon favorable environmental reviews and other HOME Program requirements. Due to the limited funds available, the City Manager recommends funding for two of the tax credit projects. The City Manager recommends funding on-site development costs for the Stone Hearst II Development in the amount of $97,097 (97 units x $1,001) from unencumbered HOME Funds. The City Manager also recommends funding on-site development costs for the Gulf Street Terrace Development in the amount of $120,120 (120 units x $1,001). The $120,120 amount would utilize $117,224 from unencumbered HOME Funds and $2,896 from the General Fund. Following the recommendation from the City Manager, Mayor Goodson with the consent of Council opened the floor up to hear additional comments from the developers. R. J. Collins Stone Hurst II Thanked the City Manager and Council for their consideration of their request for funding Robert L. Reyna Gulf Street Terrace Beaumont Housing Authority:Appreciates any help and support the City can provide Ike Akbari Northwood Crossing Stated his concerns that these low income moderate housing units are for the hard working class families and not necessarily of no income families; crime can be in any community not only in income based communities Mark Musemeche Sienna Trails Explained how his proposal included three different complexes located in a 62 acre track of land that they have owned since 1998 and that 70 single family dwellings are also included in the future plans; explained that he is asking for a short term loan and is more interested in the tax credit which this will allow him to be eligible to apply Carolyn Howard Beaumont Downtown Lofts Representing Mr. Fitch as he was unable to be in attendance but wished to thank the City for their support Following much discussion among Council members and clarification from Janett Lewis, Housing Manager, Mayor Pro Tern Samuel made a motion to APPROVE RESOLUTION 06-059 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONDITIONAL LETTER OF COMMITMENT COMMITTING FUNDS MADE AVAILABLE FOR ON-SITE DEVELOPMENT COST FOR THE FOLLOWING PROJECTS AT THE FUNDING LEVEL Page 4 of 9 Minutes-February 14,2006 INDICATED:BEAUMONT DOWNTOWN LOFTS-$40,040,GULF STREET TERRACE-$120,120, STONE HURST II- $97,097, SIENNA TRAILS DEVELOPMENT- $106,106 (LOAN . THIS COMMITMENT IS ALSO CONTINGENT UPON FAVORABLE ENVIRONMENTAL REVIEWS AND SATISFACTION OF OTHER HOME PROGRAM REQUIREMENTS. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU AND PATTERSON NAYS: COUNCILMEMBER AMES MOTION PASSED 2. Consider approving the purchase of fleet vehicles through the State of Texas Cooperative Purchasing Program - Resolution 06-060 Administration recommended authorization for the purchase of vehicles through the State of Texas Cooperative Purchasing Program in the amount of$911,582. The State of Texas Cooperative Purchasing Program provides contracted prices on various types of vehicles to all state, counties, school districts and municipal agencies within Texas. Forty-eight (48) vehicles, budgeted in Fiscal Year 2006, are available through the State of Texas Cooperative Purchasing contract. Replacement vehicles and additions to the fleet are requested through the City's budget process. The Internal Services Department reviews the requests and evaluates the equipment to be replaced. Based on this evaluation, a recommendation is made to replace worn and obsolete vehicles that are no longer cost effective to operate. All of the vehicles purchased are replacement vehicles. The unit will replace year models ranging from 1994 to 2003. Some of the replaced vehicles will be relocated to other divisions. The remaining vehicles will be disposed of according to the City's surplus property disposal policies. Funds in the amount of$805,622, $62,939 and $43,021 will be expended from the Capital Reserve Fund, Water Fund, and Auto Theft Task Force Funds, respectively. Mayor Pro Tern Samuel made a motion to APPROVE RESOLUTION 06-060 THAT THE BID FOR THE PURCHASE OF FLEET VEHICLES THROUGH THE STATE OF TEXAS COOPERATIVE PURCHASING PROGRAM IN THE AMOUNT OF $911,582 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU,AMES AND PATTERSON NAYS: NONE MOTION PASSED Page 5 of 9 Minutes-February 14,2006 3. Considering amending Section 21-75 of the Code of Ordinances relating to authorized positions in the Police Department - Ordinance 06-009 Administration recommended an amendment to Municipal Ordinance 99-45,Section 21-75 by deleting the two Deputy Chief positions, creating an Assistant Chief position and increasing the Grade I position from 198 to 199. On January 27, 2006, Police Chief Tom Scofield retired and Deputy Chief Frank C. Coffin, Jr. was appointed to Chief of Police. With his appointment, one Deputy Chief position became vacant. Instead of filling the vacant position, it is proposed that both Deputy Chief positions be eliminated and reallocating those positions into the Grade category, increasing it from 198 to 199 and creating a new Assistant Chief position. The annual pay for two Deputy Chief positions is $159,263.52. The proposed pay for the Assistant Chief position is $90,000. The current salary for a Grade I Patrolman is $38,496. This proposal creates a positive budget impact of$30,768. Mayor Pro Tern Samuel made a motion to ADOPT ORDINANCE 06-009 ENTITLED AN ORDINANCE AMENDING SECTION 21-75 OF THE CODE OF ORDINANCES TO DELETE THE TWO (2) DEPUTY CHIEF POSITIONS; CREATE ONE (1) ASSISTANT CHIEF POSITION; AND AMEND THE GRADE I POSITIONS IN THE BEAUMONT POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU,AMES AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider amending Ordinance Numbers 05-054 and 05-069 to provide additional time for property owners to repair the structures at 2190 Fillmore, 2950 Victoria and 1832 Liberty - Ordinance 06-010 Administration recommended City Council amend Ordinance Numbers 05-054 and 05-069 to provide additional time for the property owners to repair the structures at 2190 Fillmore, 2950 Victoria and 1832 Liberty. During the June 21 and August 30, 2005 City Council meetings, the property owners of the structures at 2190 Fillmore, 2950 Victoria and 1832 Liberty were ordered to execute work repair programs with the City within ten (10) days of the effective date of the ordinances. The property owners for these structures entered into the work programs and were performing the required repairs when Hurricane Rita made landfall. As a result of the hurricane,the property owners were delayed in completing the repairs to the structures within the time frames required in the work programs. Based on discussions during the February 7, 2006 City Council Workshop, the recommendations regarding these properties are as follows: Page 6 of 9 Minutes-February 14,2006 2190 Fillmore The property owner be granted 60 days to obtain a Certificate of Occupancy. 2950 Victoria The property owner is deceased and the estate is now in probate with the first hearing set for February 27, 2006. The attorney for the estate is requesting 120 days for the court to rule on the estate's issues before the structure is demolished. The executor of the estate has indicated that he will either sell the house as is or fix the house so that it can be sold. It is recommended that the executor enter into a work program at the end of the 120-day period. 1832 Liberty The property owner be granted 30 days to be substantially complete and 60 days to obtain a Certificate of Occupancy. The time periods stated above would begin on the effective date of this ordinance amendment. City may incur the cost of demolition. Councilmember Ames made a motion to ADOPT ORDINANCE 06-010 ENTITLED AN ORDINANCE AMENDING ORDINANCE NOS.05-055 AND 05-069 TO ALLOW THE OWNERS OF THE STRUCTURES LOCATED AT 2190 FILLMORE, 2950 VICTORIA AND 1832 LIBERTY ADDITIONAL TIME TO REPAIR SAID STRUCTURES. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU,AMES AND PATTERSON NAYS: NONE MOTION PASSED 5. Consider approving a bid for chain link fencing repairs and backstop replacement for softball fields at the Municipal Athletic Complex - Resolution 06-061 Administration recommended awarding a bid for furnishing all labor, supplies, materials and equipment for repairing chain link fencing and backstop replacement at the Athletic Complex to Aber Fence and Supply Co., Inc. of Houston in the total amount of$197,000. The fencing and backstops were damaged during Hurricane Rita, and must be repaired to be suitable for competition. The Complex has been the site for the American Softball Association's girls regional tournaments for several years,and the fields are scheduled again for that purpose in June, 2006. The fields will be ready for use by May 24, 2006 (a mandatory completion date set forth in the bid specifications). i Page 7 of 9 Minutes-February 14,2006 Although the damage was caused by the hurricane, the subject property damage was limited to fencing,which will preclude insurance coverage for the repair expense. For the same reason, any FEMA reimbursement will likely be minimal at best. The balance of the funding will be charged to the Capital Reserve Fund. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 06-061 THAT THE BID FOR CHAIN LINK FENCING REPAIRS AND BACKSTOP REPLACEMENT FOR SOFTBALL FIELDS AT THE MUNICIPAL ATHLETIC COMPLEX SUBMITTED BY ABER FENCING AND SUPPLY CO.,INC.OF HOUSTON,TEXAS IN THE AMOUNT OF$197,000 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. Mayor Pro Tern Samuel left the meeting at 3:07 p.m. and was not present for the voting on this resolution. AYES: MAYOR GOODSON,COUNCILMEMBERS SMITH,BEAULIEU,AMES AND PATTERSON NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE COUNCILMEMBER BEAULIEU - NONE COUNCILMEMBER AMES - NONE COUNCILMEMBER PATTERSON - NONE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR GOODSON- EXTENDED A THANK YOU TO CAROLYN (CHANEY)AND CHRIS (GIGLIO)FOR BEING HERE;SATURDAY, FEBRUARY 18 IS THE PLANT-A-TREE PROGRAM; THANK YOU TO EVERYONE INCLUDING LENNY(CABALLERO) FOR THE HARD WORK PUT INTO THE 5-K RUN ON LAST SATURDAY Public Comments (Persons are limited to three minutes) Butch Berwick 1745 Roses Lane Beaumont TX Voiced his views against the proposed no smoking ban in public places which was discussed in the workshop last week; handed out a packet of information to Council to support his view Page 8 of 9 Minutes-February 14,2006 MAYOR PRO TEM SAMUEL - RETURNED TO MEETING AT THIS TIME (3:30 P.M.) BUT HAD NO COMMENTS There being no Executive Session, Council adjourned at 3:30 p.m. Audio t es are av ila le upon request in the City Clerk's Office. Guy N. Goodson, Mayor yVvt � �X11 Rose Ann Jones, TRMC r City Clerk Page 9 of 9 Minutes-February 14,2006