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Home My WebLink AboutMIN MAY 01 2007 M I N U T E S - CITY OF BEAUMONT AndreIN P. Cokinos,At-Large GUY N. GOODSON, MAYOR Becky Ames,At-Large Lulu L. Smith,Ward I CITY COUNCIL MEETING Nancy Beaulieu, Mayor Pro Tern,Ward II Audwin Samuel,Ward III May 1,2007 Bobbie J. Patterson,Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, Interim City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on May 1, 2007, 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 1-7/Consent Agenda Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Pastor Patrick "Big Jim" Sells of West End Baptist Church gave the invocation. Trey VonCunningham, Ricky Walton, and Anthony Madrid, Students of Beaumont Charter Academy led the Pledge of Allegiance. Roll call was made by Tina Broussard, Interim City Clerk. Present at the meeting were Mayor Goodson, Mayor Pro Tern Beaulieu, Councilmembers Smith, Ames, Samuel and Patterson. Absent: Councilmember Cokinos. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney, Tina Broussard, Interim City Clerk. Proclamations, Presentations, Recognitions "Beaumont Charter Academy" - April 30 through May 4, 2007 - Proclamation read by Councilmember Samuel; accepted by Principal Robert Kimball and students Trey VonCunningham, Ricky Walton and Anthony Madrid "YMBL Rodeo Week" - April 30 through May 5, 2007 - Proclamation read by Councilmember Ames; accepted by Chuck Kalkbrenner, Chairman of the 2007 YMBL Rodeo and Donnie Warner "National Transportation Week" - May 13 - 20, 2007 - Proclamation read by Mayor Pro Tern Beaulieu; accepted by Ronnie Hicks, President of the Sabine District Transportation Club Public: Comment: Persons may speak on scheduled agenda items 1-7/Consent Agenda. None CONSENT AGENDA Approval of minutes - April 24, 2007 Minutes-May 1,2007 Confirmation of committee appointments - None A) Approve the City of Beaumont Investment Policy - Resolution 07-119 B) Approve a resolution to add First Southwest Company and Banc of America Securities LLC and delete JP Morgan/Chase Securities, Wachovia Securities Financial Network and Prudential Securities from the City's approved list of broker/dealers - Resolution 07-120 C) Approve change orders related to the Julie Rogers Theatre renovation - Resolution 07- 121 D) Approve Change Order No. 2 for the Tyrrell Historical Library repair project- Resolution 07-122 Councilmember Ames made a motion to approve the Consent Agenda. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider amending Chapter 21 of the Code of Ordinances related to personnel - Ordinance 07-053 Administration recommended approval of the amendments proposed forChapter21 of the Code of Ordinances. At a worksession on January 16, staff discussed the process to be used to update the Code of Ordinances. In accordance with the process that was put in place, the proposed changes to Chapter 21, related to personnel,were provided to the City Council for review. Following the plan, Chapter 21 is being brought forward for consideration and approval. Additional chapters will be brought forward in subsequent weeks until the full review is complete. The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating Budget. Mayor Pro Tern Beaulieu moved to ADOPT ORDINANCE 07-053 ENTITLED AN ORDINANCE AMENDING CHAPTER 21,ARTICLE I, SUBSECTIONS 21-5(A)AND 21-6(A), (J)AND(K),AMENDING SECTION 21-8 BY REPEALING SAID SECTION AND ADDING ANEW SECTION 21-8,AMENDING ARTICLE III, SECTIONS 21-51, 21-51.1, 21-51.2, 21-54 AND 21-61.1,AND ARTICLE IV, SECTION 21-74; AND REPEALING ARTICLE I, SECTIONS 21-2 THROUGH 21-4, 21-9, AND 21-10, ARTICLE II, SECTIONS 21-11,21-12 AND 21-15 THROUGH 21-23,AND ARTICLE 111,SECTIONS 21-55 THROUGH Page 2 of 9 Minutes-May 1,2007 21-58, AND 21-62 THROUGH 21-64, OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Samuel seconded the motion. AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 2. Consider authorizing the City Manager to execute a revision to the Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Old Dowlen Road Project - Resolution 07-123 Administration recommended approval of a resolution authorizing the City Manager to execute a revision to the Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Old Dowlen Road Project. The City of Beaumont has received Congestion Mitigation and Air Quality (CMAQ)funds to reconstruct Old Dowlen Road from a point 2200 feet west of Dowlen Road to its intersection with Dowlen Road. The proposed scope of work includes the construction of a two-lane concrete curb and gutter roadway with a continuous left-turn lane with transit turnouts. The City's participation in the $1,310,000 project is 23 percent or $298,000 of the total estimated cost. Additionally, Category 11 funding has been designated to construct Old Dowlen from Dowlen Road to State Highway (SH) 105. The scope of work for this project will include the construction of a four-lane concrete curb and gutter roadway and the relocation of the Old Dowlen and SH 105 intersection 500 feet to the west. When these projects were submitted for funding it was anticipated that the construction time between the projects would be several years. However, due to the availability of the Category 11 funding the entire project will be constructed at one time. The roadway will be constructed as a four-lane concrete curb and gutter street. The proposed revision to the existing agreementwould replace the CMAQ funding and add an additional$2,690,000 of Category 11 funding. The City's participation in the$6,100,000 project is approximately 34 percent or$2,100,000 of the total estimated cost. This project is funded as a part of the Capital Program. Councilmember Smith made a motion to APPROVE RESOLUTION 07-123 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A REVISION TO THE LOCAL TRANSPORTATION PROJECT ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE OLD DOWLEN ROAD PROJECT. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON Page 3 of 9 Minutes-May t,2007 NAYS: NONE MOTION PASSED 3. Consider authorizing the City Managerto execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT)for the Dowlen Road Extension Project - Resolution 07-124 Administration recommended approval of a resolution authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Dowlen Road Extension Project. The City of Beaumont has received funds, under the Congressional High Priority funding category to construct Dowlen Road from College to Walden Road. The proposed scope of work includes the construction of a four-lane concrete curb and gutter roadway with medians and left-turn lanes at the major intersections. The maximum Federal participation in the $11,834,000 project is $2,764,800 or approximately 23 percent. The City's participation is $9,070,00 or approximately 77 percent of the total estimated cost. Funds are available for this project in the Capital Program. Councilmember Samuel made a motion to APPROVE RESOLUTION 07-124 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A LOCAL TRANSPORTATION PROJECT ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE DOWLEN ROAD EXTENSION PROJECT. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Washington Boulevard Project - Resolution 07-125 Administration recommended approval of a resolution authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Washington Boulevard Project. The City of Beaumont has received funds, under the Congressional High Priority funding category, to reconstruct Washington Boulevard from Langham Road to FM 364 (Major Drive). The proposed scope of work includes the construction of a four-lane concrete curb and gutter roadway with a continuous left-turn lane. The maximum Federal participation in the $6,710,000 project is $3,080,000 or approximately 46 percent. The City's participation is $3,630,000 or approximately 54 percent of the total estimated cost. Funds for this project are available in the Capital Program. Page 4 of 9 Minutes-May 1,2007 Mayor Pro Tern Beaulieu made a motion to APPROVE RESOLUTION 07-125 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A LOCAL TRANSPORTATION PROJECT ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE WASHINGTON BOULEVARD PROJECT. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 5. Consider authorizing the City Managerto execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT)for the Willow Street Streetscape Project - Resolution 07-126 Administration recommended approval of a resolution authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Willow Streetscape Project. The City of Beaumont has received funds, under the Congressional High Priority funding category, to construct streetscape improvements on Willow Street between North Street and Crockett Street. The proposed scope of work includes the installation of decorative lighting, brick paver sidewalks, landscaping and street pavement improvements. The maximum Federal participation in the $999,500 project is $512,000 or approximately 51 percent. The City's participation is $487,500 or approximately 49 percent of the total estimated cost. Funds for this project are available in the Capital Program. Councilmember Samuel made a motion to APPROVE RESOLUTION 07-126 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A LOCAL TRANSPORTATION PROJECT ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE WILLOW STREET STREETSCAPE PROJECT. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 6. Consider approving a renewal of the fire, extended coverage, flood and quake property insurance policy - Resolution 07-127 Administration recommended approval of the renewal of the fire,extended coverage,flood and quake property insurance policy effective May 1,2007 with McGriff,Seibels&Williams of Dallas, Texas in the amount of$737,905. Page 5 of 9 Minutes-May 1,2007 The current carrier for fire, extended coverage, flood and quake property insurance solicited bids on behalf of the city from insurance carriers. The City has worked with McGriff,Seibels and Williams insurance adjusters to settle claims related to the repair or replacement of all buildings and roofs damaged by Hurricane Rita. At this time, approximately 90% of the damaged structures have been repaired or are in the process of being repaired with costs primarily covered by the insurance carrier. Policies written after Hurricanes Rita and Katrina do not provide primary windstorm coverage to fourteen (14) county coastal areas. For the insured in these Texas counties, windstorm coverage must be secured through the Texas Windstorm Insurance Association (TWIA). All new roofs and buildings must be windstorm certified before they can be covered by TWIA. The City's total building value is $90,500,146. However, not all of the City's facilities are windstorm certified and windstorm coverage through TWIA is limited to $39,680,847. The City contracted with Mark Whitley and Associates, Inc. to inspect and certify each of the City's structures. They have completed and filed for certification on the majority of the structures not damaged by the hurricane. As roofs are replaced on damaged structures, a windstorm certificate will be provided. As certificates are received,they will be forwarded to TWIA so that windstorm coverage can be obtained. All new structures and buildings currently under construction include windstorm certification. The proposed policies provided through McGriff, Seibels&Williams of Texas, Inc. include an option (Option A) that mirrors last year's policy in the amount of$986,810. A second option (Option B) proposed provides the City with blanket coverage in lieu of scheduled value coverage for all property excluding wind/hail coverage. Blanket coverage is more advantageous to the City as it does not limit coverage to a specific building value. This policy also provides excess windstorm coverage in excess of TWIA limits with a reduced per occurrence minimum. The recommended policy's annual premium of $737,905 includes an all risk peril policy with a loss limit of $115,630,646, Boiler and Machinery coverage, Electronic Data Processing equipment and Terrorism coverage. As more structures acquire windstorm certification, they will be added to the windstorm policy at a pro-rated premium. Last year the annual premium was $988,509.25 and the coverage was less than the proposed coverage for this year's policy. Deductibles Fire and All Other Perils (Blanket Coverage) $50,000 Windstorm/Hail through TWIA $75,000 per occurrence. Maximum limit per structure is $2,192,000. Excess insurance coverage 5% of Total Insured Value of structure per location subject to $100,000 per occurrence minimum Page 6 of 9 Minutes-May 1,2007 Flood/Flood Zone A $250,000/5% of TIV per location subject to $1,000,000 per occurrence Flood Hazard (Areas of 100 Year Flooding) Boiler and Machinery $25,000 The new policy will begin May 1, 2007 through May 1, 2008. Funds are available in the Public Works Building Utilities budget. Councilmember Ames made a motion to APPROVE RESOLUTION 07-127 THAT THE CITY COUNCIL HEREBY APPROVES THE RENEWAL OF THE FIRE, EXTENDED COVERAGE, FLOOD AND QUAKE PROPERTY INSURANCE POLICY EFFECTIVE MAY 1, 2007 IN THE AMOUNT OF $737,905 PROVIDED THROUGH MCGRIFF, SEIBELS AND WILLIAMS OF DALLAS, TEXAS. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 7. Consider authorizing the City of Beaumont Housing Finance Corporation to issue not to exceed$5,000,000 in tax-exempt revenue bonds to provide financing for low and moderate income housing - Ordinance 07-054 Request is being made that the Board of Directors of the Beaumont Housing Finance Corporation and the City Council of the City of Beaumont, Texas, approve and pass the Bond Resolution and Ordinance authorizing and approving the issuance of up to $5,000,000 of multi-family housing revenue bonds to finance the Pear Orchard project for Shelter First Pear Orchard LLC. This project has been ongoing for almost 2 years and within the last several months a new developer has taken over the project. The new development and borrower of the bond proceeds is Shelter First Pear Orchard LLC, a Texas limited company that is a wholly owned subsidiary of Shelter First, Inc, a nonprofit corporation. Councilmember Samuel made a motion to ADOPT ORDINANCE 07-054 AUTHORIZING THE CITY OF BEAUMONT HOUSING FINANCE CORPORATION TO ISSUE NOT TO EXCEED$5,000,000 IN TAX- EXEMPT REVENUE BONDS TO PROVIDE FINANCING FOR LOW AND MODERATE INCOME HOUSING. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED Page 7 of 9 Minutes-May 1,2007 8. PUBLIC HEARING: Receive public comments related to a grant application and a contract with the Federal Transit Administration(FTA)to receive Operating Assistance funds forthe Beaumont Municipal Transit System. Public Hearing Opened: 2:10 p.m. No Comments Public Hearing Closed: 2:11 p.m. Consider approving a resolution authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration (FTA)to receive Operating Assistance funds for the Beaumont Municipal Transit System - Resolution 07-128 Administration recommended City Council conduct a Public Hearing and approve a resolution authorizing the City Manager to submit a grant application and execute a contract with the FTA to receive Operating Assistance funds for the Beaumont Municipal Transit System. Beaumont Municipal Transit has prepared a grant application for FY 2007 FTA funds. The grant will help fund the labor, fringe benefits, parts and supplies, purchased services, utilities, insurance, taxes and licenses, and all other miscellaneous expenses needed for the operation and maintenance of the Beaumont Municipal Transit (BMT) System in FY 2007, the period from October 1, 2006 through September 30, 2007. The grant will pay up to 50% of the net operating deficit. FTA Grant Share $1,568,683 City Share 1,538,017 State Share 403,777 Charter 24,000 Farebox Revenue 580,000 Total $4,114,477 Councilmember Patterson made a motion to APPROVE RESOLUTION 07-128 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO SUBMIT A GRANT APPLICATION TO THE FEDERAL TRANSIT ADMINISTRATION(FTA)TO RECEIVE OPERATING ASSISTANCE FUNDS FOR THE BEAUMONT MUNICIPAL TRANSIT SYSTEM. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE Page 8 of 9 Minutes-May 1,2007 MAYOR PRO TEM BEAULIEU - THANKED EVERYONE WHO WELCOMED THE FAMILY OF OUR FALLEN POLICE OFFICER LISA BEAULIEU AND THOSE THAT ATTENDED THE SERVICE COUNCILMEMBER AMES - PROUD OF THE CITY FOR COMING TOGETHER FOR OUR FALLEN POLICE OFFICER, THANKED ALL THE OTHER LAW ENFORCEMENT AGENCIES THAT CAME TO SUPPORT OUR CITY COUNCILMEMBER SAMUEL- EXTENDED CONDOLENCES TO THE FAMILY OF LISA BEAULIEU; GLAD TO SEE ALL THE OTHER LAW ENFORCEMENT AGENCIES PRESENT TO SUPPORT THE BEAUMONT POLICE DEPARTMENT COUNCILMEMBER PATTERSON - EXTENDED CONDOLENCES TO THE FAMILY OF LISA BEAULIEU. ANNOUNCED THAT EARLY VOTING STARTED ON MONDAY APRIL 30, 2007, ENCOURAGED ALL CITIZENS TO LEAVE THE PEWS AND GO TO THE POLLS TO VOTE AFTER CHURCH SERVICES ON SUNDAY,POLLS WILL BE OPEN FROM 12:OOP.M.TO 5:00 P.M. CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR GOODSON - EXTENDED CONDOLENCES TO THE FAMILY OF LISA BEAULIEU,THANKED THE OTHER CITIES AND ENTITIES THAT ATTENDED THE SERVICES,AS WELL AS THOSE CITIES THAT HELPED PATROL THE CITY WHILE THE BEAUMONT POLICE OFFICERS ATTENDED FUNERAL SERVICES.ANNOUNCED THAT THE NATIONAL DAY OF PRAYER WOULD BE ON THURSDAY MAY 3, 2007 AT 12:00 P.M. IN FRONT OF CITY HALL Public Comments (Persons are limited to three minutes) Brenda Gilbert 10745 Johnson Rd. Beaumont TX Announced a pending sale on the Gilbert Building There being no Executive Session Council adjourned at 2:20 p.m. Audio re r ngs W available upon request in the City Clerk's Office. Aw ..x.•csO�� Guy N. Goodson, Mayor of Cpl G� in 1]� Tina Broussard, Interim City Clerk ` � W fl �r Page 9 of 9 Minutes-May 1,2007