HomeMy WebLinkAboutMIN SEP 15 2009 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 Nancy Beaulieu, Ward II
Audwin Samuel, Ward III September 15, 2009 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 September 15,2009,
at the Beaumont Civic Center, 701 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 1-2/Consent Agenda
Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Associate Staff Minister, Katherine Briggs of Antioch Baptist Church gave the invocation.
Councilmember Beaulieu 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,
Beaulieu, Pate, Samuel and Smith. Absent: Kyle Hayes, City Manager. Also present were Tyrone
Cooper, City Attorney; Tina Broussard, City Clerk.
Proclamations, Presentations, Recognitions
None
Public Comment: Persons may speak on scheduled agenda items 1-2/Consent Agenda.
None
CONSENT AGENDA
Approval of minutes - September 8, 2009
Confirmation of committee appointments - Resolution 09 - 270
Suzanne Alexander would be appointed to the Small Business Revolving Loan Fund Board.
The term would commence September 15, 2009 and expire September 14, 2011.
(Councilmember Alan B. Coleman)
Minutes-September 15,2009
Beverly Hatcher would be reappointed to the Martin Luther King, Jr. Parkway Commission.
The current term would expire December 4, 2010. (Councilmember W. L. Pate, Jr.)
A) Authorize the City Manager to execute all documents necessary to accept funding for the
Community Preparedness Section- Public Health Emergency Response(PHER) Grant for
the Beaumont Public Health Department - Resolution 09 - 271
B) Authorize the acquisition of property for the Downtown Event Center and Park-Resolution
09 - 272
C) Approve Change Order No. 3 related to the City Hall First Floor Renovations Project -
Resolution 09 - 273
D) Authorize the settlement of the lawsuit styled Fannette Entertainment. Inc.v.City of Beaumont,
Texas, et al - Resolution 09 - 274
Councilmember Pate made a motion to approve the Consent Agenda. Mayor Pro Tern
Wright seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
BEAULIEU, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
1 . Consider adopting an ordinance granting a public utility franchise to Centerpoint Energy
Texas Gas Operations to operate a gas utility within the City of Beaumont. Second Reading
Administration recommended approval of an ordinance granting a public utility franchise to
Centerpoint Energy Texas Gas Operations to operate a gas utility within the City of Beaumont.
The Charter of the City of Beaumont gives to the City Council authority to grant and renew
franchises of all public utilities operating within the City of Beaumont. Ordinance No. 88-64
granted to Entex a 20-year franchise to operate a gas utility in the City of Beaumont. That
franchise expired in June of 2008. Since that time City representatives have been negotiating
with Centerpoint Energy Texas Gas Operations, successor in interest to Entex,for the renewal
of a franchise to continue its operations in Beaumont. The proposed franchise provides for
a term of operations for 25 years, providing for a payment by the Company to the City based
upon four percent (4%) of the gross receipts from the sale of gas within the city limits and
seven cents ($.07) per MCF for the transportation of gas to transportation customers within
the corporate limits of the city for consumption within the city. The fees will be calculated for
the calendar quarters ending March 31, June 30, September 30 and December 31 and shall
be payable on or before the 15th day of May, August, November and February following the
quarter for which payment is due.
Page 2 of 8 Minutes-September 15,2009
I
Ordinances granting franchises requires three(3) readings at separate regular meetings of
the City Council and shall not be considered finally passed until the third reading which shall
not be less than thirty(30)days from the first reading. The ordinance will not take effect until
sixty (60) days after its adoption on the third and final reading.
The first reading of this item took place at the August 25, 2009, council meeting.
For the year 2008, the City of Beaumont received $795,900 in franchise fees from
Centerpoint Energy. Year to date, the City has received $691,468 in franchise fees.
Councilmember Beaulieu moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING
CENTERPOINT ENERGY RESOURCES CORP.,DBA CENTERPOINT ENERGY TEXAS GAS OPERATIONS,
ITS SUCCESSORS AND ASSIGNS, THE RIGHTS, PRIVILEGE AND FRANCHISE FOR A PERIOD OF
TWENTY-FIVE(25)YEARS TO CONSTRUCT,LAY,MAINTAIN,OPERATE,EXTEND,REMOVE,REPLACE
AND REPAIR A SYSTEM OF PIPELINES, GAS MAINS, LATERALS AND ATTACHMENTS AND ALL
DESIRABLE INSTRUMENTALITIES IN, UNDER,OVER,ACROSS AND ALONG ANY AND ALL STREETS,
AVENUES, PARKWAYS, SQUARES, ALLEYS AND ALL OTHER PUBLIC PLACES IN THE CITY OF
BEAUMONT,JEFFERSON COUNTY,TEXAS,FOR THE PURPOSE OF TRANSPORTING,DISTRIBUTING,
SUPPLYING AND SELLING GAS (NATURAL AND/OR ARTIFICIAL AND/OR MIXED) FOR HEATING,
LIGHTING, POWER, AND FOR ALL OTHER PURPOSES FOR WHICH GAS MAY BE USED, TO THE
MUNICIPALITY OF SAID CITY OF BEAUMONT, TEXAS, AND ITS INHABITANTS AND OTHERS;
PROVIDING CONDITIONS CONTROLLING THE USE OF PUBLIC THOROUGHFARES AND EXTENSIONS
THEREIN; ESTABLISHING STANDARDS OF SERVICE; PROVIDING FOR PAYMENT OF FOUR PERCENT
(4%) OF THE GROSS RECEIPTS FROM THE SALE OF GAS WITHIN THE CITY OF BEAUMONT AND
SEVEN CENTS (7¢) PER MCF FOR THE TRANSPORTATION OF GAS TO TRANSPORTATION
CUSTOMERS; PROVIDING FOR ACCEPTANCE; PROVIDING A SEVERABILITY CLAUSE; MAKING
MISCELLANEOUS PROVISIONS; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH.
Councilmember Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
BEAULIEU, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 09 - 047
2. Consider amending Resolution 09-193 authorizing the City Manager to apply for and receive
additional Neighborhood Stabilization Program funds.
Administration recommended approval.
On June 30,2009,the City Council approved Resolution 09-193 authorizing the City Manager
to apply for, represent the City and execute a contract for the Neighborhood Stabilization
Program (NSP)in the amount of$900,000. This program is being administered by the Texas
Department of Housing and Community Affairs (TDHCA). After review of the application,
TDHCA has indicated that the grant amount will be $1,185,129, not the originally indicated
Page 3 of 8 Minutes-September 15,2009
amount of$900,000. The resolution will allow the City Manager to receive additional funds
above the estimated$1,185,129 if TDHCA notifies the City that additional funds are available.
The NSP program requires no local match. Contracts for this program are expected within
the next two weeks.
The Neighborhood Stabilization Program (NSP)is a HUD-funded program authorized by the
"Housing and Economic Recovery Act of 2008"(HERA), as a supplemental allocation to the
Community Development Block Grant(CDBG) Program. The purpose of the program is to
acquire and encourage redevelopment of foreclosed, abandoned and blighted properties in
order to stabilize neighborhoods and stem the decline of house values of neighboring homes.
This program offers a variety of eligible activities, including demolition of properties,
establishing land banks for foreclosed properties and the rehabilitation and selling of
properties to provide affordable housing.
Due to the limited amount of funding, the most advantageous use of the funds would be to
identify approximately fifty (50) unsafe and abandoned structures within specific targeted
areas and remove these blighted structures for approximately$121, 073. The balance of the
funding could then be used to purchase and rehabilitate approximately nine (9) homes for
approximately $1 ,004,800. The balance of funds, $59,256, would be used for the
administrative costs associated with the program. The targeted areas are based on high
concentrations of foreclosures and would include those neighborhoods near the Beaumont
Housing Authority's Hope VI project and near Lamar University.
Funds would be available through this grant, with no required local match.
Mayor Pro Tern Wright made a motion to APPROVE A RESOLUTION THAT RESOLUTION NO. 09-
193 BE AND IT IS HEREBY AMENDED TO AUTHORIZE KYLE HAYES TO APPLY FOR, REPRESENT AND
EXECUTE A CONTRACT IN AN AMOUNT UP TO $1,185,129 THROUGH THE NEIGHBORHOOD
STABILIZATION PROGRAM,A REIMBURSEMENT PROGRAM PROVIDED BY THE TEXAS DEPARTMENT
OF HOUSING AND COMMUNITY AFFAIRS. Councilmember Beaulieu seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
BEAULIEU, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 09 - 275
3. Public Hearing: Receive comments on a proposal to allocate funds($300,000)from the 2009
HOME Program for partial funding of affordable housing (Gracelake Townhomes) being
proposed at 4060 West Cardinal Drive.
Public Hearing Open: 1:52 p.m.
Page 4 of 8 Minutes-September 15,2009
K.T. "Ike" Akbari 3735 Honeywood Ct. Port Arthur TX
Asked that Council approve the allocation of the funds for the Gracelake Townhomes that is
being proposed at 4060 West Cardinal Drive
Public Hearing Close: 1:53 p.m.
Consider authorizing an allocation of$300,000 from the 2009 HOME Program for the partial
funding of affordable housing (Gracelake Townhomes) being proposed at 4060 West
Cardinal Drive and authorizing the City Manager to issue a conditional letter of commitment
for the allocation amount.
Administration recommended approval.
ITEX Property Management, LLC has been allocated$1,287,056 in Low Income Housing Tax
Credits from the Texas Department of Housing and Community Affairs (TDHCA) for the
construction of Gracelake Townhomes, a proposed 128-unit apartment complex that will
provide affordable rental housing to low-to-moderate income families in an area targeted for
revitalization.
Gracelake will be located at 4060 West Cardinal Drive near the Jehovah Jireh subdivision
currently under construction, and will supplement community revitalization efforts.
The total cost of the proposed development is $13,772,368. This conditional commitment
provides $2,343.75 per unit, representing 2.18% of the total development. An actual
commitment of funds is contingent upon the development receiving the final allocation of tax
credits, satisfactory Phase 1 Environmental Review and clearance from all other related
environmental authorities, and compliance with applicable HOME Program regulations.
In 2007,the City of Beaumont made a commitment of$1 ,367 per unit for the rehabilitation of
Sunlight Manor, located at 2950 S. 8th St.,for which ITEX received an allocation of tax credits.
Funds are available from the HOME Program. There is$1,191,559 available at this time from
the 2008 ($459,671) and 2009 ($731,888) program years. Below is an outline of available
funds in the 2008 and 2009 program years as well as current funding requests under
consideration.
2008 HOME Program $459,671
Helbig CDC $109,946 (CHDO Reserve-new housing construction)
Owner-Occupied Rehab Prg $300,000(proposed single-family rehabilitation program)
Habitat For Humanity $ 49,725 (total request - $75,797)
2009 HOME Program $731,888
Habitat For Humanity $ 26,072 (to fund balance of request)
Jehovah Jireh CDC $200,000 (CHDO Reserve-new housing construction)
Gracelake Townhomes $300,000 (LITHC-construction of x128 unit apartment
complex)
2009 HOME Funds
Available Balance: $205,816
Page 5 of 8 Minutes-September 15 2009
Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER
BE AND HE IS HEREBY AUTHORIZED TO ALLOCATE $300,000 FROM THE 2008 HOME PROGRAM
FOR THE CONSTRUCTION OF AFFORDABLE HOUSING LOCATED IN A NEIGHBORHOOD TARGETED
FOR REVITALIZATION. Councilmember Beaulieu seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
BEAULIEU, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 09 - 276
COUNCILMEMBER COMMENTS
COUNCILMEMBER COLEMAN - WISHED HIS SON, CHRISTOPHER, A HAPPY 23R11
BIRTHDAY
COUNCILMEMBER BEAULIEU - THANKED EVERYONE FOR BEING IN ATTENDANCE AT THE
MEETING, WELCOMED MAYOR AMES BACK TO THE CITY
MAYOR PRO TEM WRIGHT - NONE
COUNCILMEMBER PATE - COMMENTED ON SEVERAL PROGRAMS FOR 9111 ,
ESPECIALLY AT FIRE STATION#1,COMPLIMENTED OFFICER
RANDY STEVENS WHO DID AN EXCEPTIONAL JOB ON HIS
PRESENTATION, ALSO FIREMAN CODY SCHRODER,
RECEIVED THE STAR OF TEXAS AWARD, IN AUSTIN, TX
COUNCILMEMBER SAMUEL - NONE
COUNCILMEMBER SMITH - ANNOUNCED THE TYRRELL PARK NEIGHBORHOOD
ASSOCIATION, WILL BE MEETING THURSDAY, SEPTEMBER
17, 2009 AT 6:30 P.M., AT THEODORE JOHNS LIBRARY,
ALSO A HEALTH FAIR WILL BE SATURDAY,SEPTEMBER 19,
2009 AT MT.GILEAD BAPTIST CHURCH FROM 9:00 A.M.TO
2:00 P.M., REMEMBER TO TAKE A LOVED ONE TO THE
DOCTOR, ACKNOWLEDGED MR. CHRISTOPHER THOMAS,
WITH THE UNIVERSITY OF PHOENIX
CITY ATTORNEY COOPER - NONE
CITY MANAGER HAYES - NONE
MAYOR AMES - GLAD TO BE BACK, GREAT DAY IN BEAUMONT
Page 6 of 8 Minutes-September 15,2009
Public Comments (Persons are limited to three minutes)
Frank Kiefer 3190 Willowood Beaumont TX
Spoke on behalf of several citizens,who recommended the following:that the Chief Financial
Officer reduce the Jefferson County Appraisal District's estimated appraisals to a maximum
of 5%, that all employees receive a cost of living increase, that employees that do not live in
Beaumont,that don't pay property taxes, not get an increase in salary because they don't pay
into the operations of the City, implement a$2,000.00 cap on travel for all city employees and
Councilmembers
Bruce Hoffer 2615 Gladys Beaumont TX
Commented on the scheduling of soccer for the entire area, invited everyone to come out and
enjoy the next ten weeks of soccer at the Chris Quinn Complex
Louis Vaughn 9615 Mapes Beaumont TX
Spoke to Council regarding South Park Middle School and the conditions that exist in the
building, which are safety, health and environmental
Vernon Durden 2110 Westbury Rd. Beaumont TX
Spoke to Council regarding a review committee for the City of Beaumont's Police
Department, each Councilmember would appoint a person from each Ward as well as the
Mayor and include the bargaining unit
Ernest Charles 3162 Terrell St. Beaumont TX
Addressed Council pertaining to City contracts that are awarded to contractors, having a
problem understanding why local businesses, such as himself, are not able to get work from
any of the projects that are going on,would like the City to assist him in understanding how the
process works
EXECUTIVE SESSION - CANCELLED
Consider matters related to contemplated or pending litigation in accordance with Section
551 .071 of the Government Code:
Fannette Entertainment, Inc., v. City of Beaumont, et al
There being no Executive Session, Council adjourned at 2:08 p.m.
Page 7 of 8 Minutes-September 15,2009
Audio available upon request in the City Clerk's Office.
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Tina Broussard, City Clerk i, ��
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Page 8 of 8 Minutes-September 15,2009