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HomeMy WebLinkAboutMIN FEB 14 2017BEAUMONT T E X A S M I N U T E S- CITY OF BEAUMONT W.L. Pate, Jr., At -Large BECKY AMES, MAYOR Gethrel Wright, At -Large Claude F. Guidroz, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel, Ward III February 14, 2017 Robin Mouton, Mayor Pro Tem 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 February 14, 2017, 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 1-3/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor "Big" Jim Salles of West End Baptist Church gave the invocation. Mayor Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tem Mouton, Councilmembers Guidroz, Getz, Wright, Pate and Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions 1►CdT Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda. Jeff Williams 7795 Deerchase Dr. Beaumont TX Spoke regarding Item 2 on the Agenda; Tax Credit project known as the Retreat at Wendelin Drive Autumn Morrell 1635 Quail Run BeaumontTX Spoke regarding Item 2 on the Agenda; Tax Credit project known as the Retreat at Wendelin Drive Marcia Stevens 710 Archie BeaumontTX Spoke regarding Item 2 on the Agenda; Tax Credit project known as the Retreat at Wendelin Drive Sam Parigi 445 N. 14th St. BeaumontTX Spoke regarding Item 2 on the Agenda; Tax Credit project known as the Retreat at Wendelin Drive Teresa Bowyer 1111 Timbergrove Ln. BeaumontTX Spoke regarding Items 1 & 2 on the Agenda; Tax Credit project known as the Retreat at Wendelin Drive Ted Moor 1245 Nottingham Ln. BeaumontTX Spoke regarding Item D on the Consent Agenda; Award of a contract for property insurance brokerage services to McGriff, Seibels and Williams of Texas, Inc., of San Antonio, Texas Clark T. Colvin 1665 Brighton Ct. BeaumontTX Spoke regarding Item #2 on the Agenda; Tax Credit project known as the Retreat at Wendelin Drive Will Moyers 9 Greenway Plaza Houston TX Spoke regarding Item 2 on the Agenda; Tax Credit project known as the Retreat at Wendelin Drive Worth Moffett 210 Dr. Michael Debakey Dr. Lake Charles Spoke regarding items 1 & 2 on the Agenda; Tax Credit project known as the Retreat at Wendelin Drive CONSENT AGENDA * Approval of minutes — February 7, 2017 * Confirmation of committee appointments - None A) Authorize the City Manager to execute a Joint Election Agreement between the City of Beaumont and Beaumont Independent School District for the General Election — Resolution 17 - 029 B) Authorize the Mayor to execute a waiver granting permission for the Jefferson County Mosquito Control District to operate aircraft at a low altitude over the City of Beaumont for mosquito control purposes - Resolution 17 - 030 C) Authorize the City Manager to renew a loan agreement with the National Museum of the United States Air Force - Resolution 17 - 031 E) Approve a resolution accepting the donation of property for the Pointe Parkway North Project - Resolution 17 - 033 Councilmember Getz moved to approve the Consent Agenda excluding Item D. Councilmember Guidroz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED D) Approve the award of a contract for property insurance brokerage services to McGriff, Seibels and Williams of Texas, Inc. of San Antonio - Resolution 17 — 032 Councilmember Guidroz moved to approve Item D of the Consent Agenda to approve the award of a contract for property insurance brokerage services to Talon Insurance Agency of Nederland, Texas. Councilmember Getz seconded the motion. AYES: MAYORAMES, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHTAND PATE NAYS: MAYOR PRO TEM MOUTON, COUNCILMEMBER SAMUEL MOTION PASSED GENERAL BUSINESS 1. Consider amending resolution No. 17-016, in order to offer a Commitment of Development Funding of one hundred ($100) dollars by the City to the Housing Tax Credit (HTC) project known as Old Dowlen Cottages Apartments, L.P., located at 4167 Old Dowlen Road. The following applicants are requesting authorization to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for use of HTC funds for the construction of the following projects: Oaklake on Alpine - a 100 unit senior project at 6075 Alpine Old Dowlen Cottages — an 84 unit senior project at 4167 Old Dowlen Bexley Court — a 72 unit senior project at 208 S. M.L.K. Lumberton Village — a 96 unit family project at 7876 Harvest Moon in Lumberton Retreat at Wendelin Drive — a 128 unit senior project at the southwest quadrant of College and Wendelin Currently, Beaumont has more than twice the state average of housing units supported by Tax Credits or private activity bonds per capita. As such, additional subsidized units could not be considered for this program by TDHCA unless the City acknowledges that Beaumont has more than twice the state average of subsidized housing units per capita and offers support for the project, as provided for §11.3(b) of the Qualified Allocation Plan (QAP) and as required by §2306.6703(A)(4) of the Texas Administrative Code. We expect that TDHCA will award funding for one project within Beaumont or Beaumont's extraterritorial jurisdiction. The award is based on a scoring system outlined in the QAP. QAP points are awarded for such factors as apartment unit size and the apartment complex's amenities. In addition, there has been discussion regarding "Impacted Areas" and "Opportunity Areas" as it relates to the scoring process. It is important to understand that "Impacted Areas" is a Fair Housing term that refers to areas that might have higher poverty rates or higher rates of minority populations. Recent court cases have found that the HTC program may have violated Fair Housing laws by placing most HTC projects only in "Impacted Areas" and not in higher income areas, where there would presumably be better access to jobs, schools and services. The term "Impacted Areas" is not necessarily found in the HTC process, but is an issue to be aware of in the consideration HTC projects. In an attempt to address this issue, recent QAP's have awarded "Opportunity Index" points to encourage projects to be located outside of "Impacted Areas". These points can be awarded if a project is located in a census tract that has a poverty rate of less than the greater of 20% or the median poverty rate of the region as well as additional demographic requirements. If this poverty threshold is met, Opportunity points can be awarded for a project if it is close to a park, public transit, grocery stores, in a census tract with a low crime rate, near higher -performing schools, near a library, etc. Below is an excerpt of the 2017 HTC Pre -Application Submission Log, published by TDHCA on January 26, 2017. It provides such information as an applicant's status as a non-profit, the quartile of the median household income of the census tract, the poverty rate, the self -score and the Opportunity Index Score. It is important to understand that the following is self -scored by the applicants and not yet reviewed by TDHCA and not reviewed by City staff. Lumberton Village 121 Q1 2 7 5 Oaklake at Alpine Circle 0 O Q2 19 7 3 C 117 � O v d 7 5 Retreat at Wendelin Dr x 117 Q2 18.9 N Bexley Court Villas 114 Q4 32.2 0 0 X d X O H Oo = L Q' C O Q N E : O yC O Development Name Z in L O Ci � a ° Q O Q O Lumberton Village 121 Q1 7.6 7 5 Oaklake at Alpine Circle x 121 Q2 19 7 3 Old Dowlen Cottages 117 Q1 11 7 5 Retreat at Wendelin Dr x 117 Q2 18.9 7 4 Bexley Court Villas 114 Q4 32.2 0 0 In addition to the Opportunity Index points, projects that receive additional resolutions of "no objection" from the City would receive fourteen (14) points and those projects that receive a "support" resolution would receive seventeen (17) points. Also, projects that receive a direct commitment of development funding, or financial support from the City, in the form of fee waivers, would receive one (1) additional point during the evaluation process by TDHCA. Consideration of this resolution was requested by the Mayor and Councilmember Guidroz. Councilmember Samuel moved to APPROVE A RESOLUTION THAT RESOLUTION 17-006 IS HEREBY AMENDED TO STATE THAT AS PROVIDED FOR IN §11.9(D)(2) OF THE QUALIFIED ALLOCATION PLAN AND IN ACCORDANCE WITH TEXAS GOVERNMENT CODE §2306.6725(A)(5), THE CITY OF BEAUMONT COMMITS TO PROVIDE DEVELOPMENT FUNDING FOR THE PROPOSED PROJECT, KNOWN AS OLD DOWLEN COTTAGES APARTMENT, L.P., IN THE FORM OF FEE WAIVERS IN AN AMOUNT NOT TO EXCEED ONE HUNDRED AND NO/100 DOLLARS ($100.00) AND THAT THE STATEMENTS AND FINDINGS SET OUT IN THE PREAMBLE TO THIS RESOLUTION ARE HEREBY, IN ALL THINGS, APPROVED AND ADOPTED. Mayor Pro Tem Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 17 - 034 2. Consider a resolution acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits or private activity bonds and authorizes the developer to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for a proposed Housing Tax Credit (HTC) project known as the Retreat at Wendelin Drive, located at the southwest quadrant of College Street and Wendelin Drive, as well as offering expressed support for the project and a Commitment of Development Funding of one hundred ($100) dollars by the City. The following applicants are requesting authorization to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for use of HTC funds for the construction of the following projects: Oaklake on Alpine - a 100 unit senior project at 6075 Alpine Old Dowlen Cottages — an 84 unit senior project at 4167 Old Dowlen Bexley Court — a 72 unit senior project at 208 S. M.L.K. Lumberton Village — a 96 unit family project at 7876 Harvest Moon in Lumberton Retreat at Wendelin Drive — a 128 unit senior project at the southwest quadrant of College and Wendelin Currently, Beaumont has more than twice the state average of housing units supported by Tax Credits or private activity bonds per capita. As such, additional subsidized units could not be considered for this program by TDHCA unless the City acknowledges that Beaumont has more than twice the state average of subsidized housing units per capita and offers support for the project, as provided for §11.3(b) of the Qualified Allocation Plan (QAP) and as required by §2306.6703(A)(4) of the Texas Administrative Code. We expect that TDHCA will award funding for one project within Beaumont or Beaumont's extraterritorial jurisdiction. The award is based on a scoring system outlined in the QAP. QAP points are awarded for such factors as apartment unit size and the apartment complex's amenities. In addition, there has been discussion regarding "Impacted Areas" and "Opportunity Areas" as it relates to the scoring process. It is important to understand that "Impacted Areas" is a Fair Housing term that refers to areas that might have higher poverty rates or higher rates of minority populations. Recent court cases have found that the HTC program may have violated Fair Housing laws by placing most HTC projects only in "Impacted Areas" and not in higher income areas, where there would presumably be better access to jobs, schools and services. The term "Impacted Areas" is not necessarily found in the HTC process, but is an issue to be aware of in the consideration HTC projects. In an attempt to address this issue, recent QAP's have awarded "Opportunity Index" points to encourage projects to be located outside of "Impacted Areas". These points can be awarded if a project is located in a census tract that has a poverty rate of less than the greater of 20% or the median poverty rate of the region as well as additional demographic requirements. If this poverty threshold is met, Opportunity points can be awarded for a project if it is close to a park, public transit, grocery stores, in a census tract with a low crime rate, near higher -performing schools, near a library, etc. Below is an excerpt of the 2017 HTC Pre -Application Submission Log, published by TDHCA on January 26, 2017. It provides such information as an applicant's status as a non-profit, the quartile of the median household income of the census tract, the poverty rate, the self -score and the Opportunity Index Score. It is important to understand that the following is self -scored by the applicants and not yet reviewed by TDHCA and not reviewed by City staff. Lumberton Village 121 Q1 = 7 5 Oaklake at Alpine Circle o Q2 19 7 3 c 117 d `O w m 7 5 Retreat at Wendelin Dr x 117 =a 18.9 7 4 co 114 Q4 32.2 0 0 m o O C w 1r ca O j C. C. Development Namez cn 0 = CLO O Lumberton Village 121 Q1 7.6 7 5 Oaklake at Alpine Circle x 121 Q2 19 7 3 Old Dowlen Cottages 117 Q1 11 7 5 Retreat at Wendelin Dr x 117 Q2 18.9 7 4 Bexley Court Villas 114 Q4 32.2 0 0 In addition to the Opportunity Index points, projects that receive additional resolutions of "no objection" from the City would receive fourteen (14) points and those projects that receive a "support" resolution would receive seventeen (17) points. Also, projects that receive a direct commitment of development funding, or financial support from the City, in the form of fee waivers, would receive one (1) additional point during the evaluation process by TDHCA. Consideration of this resolution was requested by Mayor Ames and Council Member Samuel. Councilmember Guidroz moved to APPROVE A RESOLUTION THAT THE CITY OF BEAUMONT HAS MORE THAN TWICE THE STATE AVERAGE OF UNITS PER CAPITA SUPPORTED BY HOUSING TAX CREDITS OR PRIVATE ACTIVITY BONDS, SPECIFICALLY COMPETITIVE 9% HOUSING TAX CREDITS FOR THE RETREAT AT WENDELIN DRIVE. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, WRIGHT, PATE AND SAMUEL NAYS: COUNCILMEMBER GETZ MOTION PASSED Resolution 17 — 035 Councilmember Samuel moved to APPROVE A RESOLUTION OF NO OBJECTION FOR THE RETREAT AT WENDELIN DRIVE PROJECT. Councilmember Pate seconded the motion. AYES: COUNCILMEMBERS PATE AND SAMUEL NAYS: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIRDOZ, GETZ AND WRIGHT MOTION FAILED 3. Consider a resolution approving the award of a six month contract to LD Construction, Inc. to supply asphaltic concrete. Bids were requested from three (3) local vendors to provide a contract for asphaltic concrete to be used by the Streets and Drainage Division. This contract is for six (6) months with an extension of two (2) additional six (6) month terms. The contract supplies a cold mix of asphaltic concrete that is used for repairing potholes and small sections of a street, and a hot mix of asphaltic concrete which is used for repairing and repaving larger street sections. Specifications requested unit pricing for both plant pickup by City personnel and job site delivery by the vendor. Bid responses were received from two (2) vendors. LD Construction, Inc., of Beaumont submitted the low total bid and meet all product requirements specified and have previously held the contract satisfactorily. Approval of Resolution. Councilmember Pate moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY LD CONSTRUCTION, INC., OF BEAUMONT, TEXAS, FOR A SIX (6) MONTH CONTRACT, WITH TWO (2) ADDITIONAL OPTIONS TO RENEW FOR SIX (6) MONTH TERMS, FOR THE PURCHASE OF ASPHALTIC CONCRETE FOR THE PUBLIC WORKS DEPARTMENT, STREETS AND DRAINAGE DIVISION FOR CITY ROAD REPAIR AND CONSTRUCTION AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH LD CONSTRUCTION, INC., OF BEAUMONT, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 17 — 036 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. COMMENTS Councilmembers/City Manager/City Attorney comments on various matters Dan Allgeier 3701 Kirby Dr. Suite 860 Houston TX Spoke to Council in regards to his pre -application that didn't get on the meeting agenda on last week, would like to be considered to be on the agenda for the next Council meeting, stated that they have a 100 unit project on 105 west of Hwy 69, the project is zoned for that area, have talked to residents in that area that had no objections, stated that affordable housing is needed, this project is for 55 and older seniors, again would like to have the opportunity next week to be heard COUNCILMEMBER COMMENTS COUNCILMEMBER GUIDROZ - STATED HE HAD THREE POINTS ON WHAT'S RIGHT IN BEAUMONT, 1) CVB HALL OF FAME ON TUESDAY NIGHT, THE TENNIS CENTER WAS RANKED FOURTH IN HEADS AND BEDS FOR BRINGING PEOPLE TO THE CITY; 2) THANKED WEST TABERNACLE BAPTIST CHURCH, WHO SPONSORED THE FILM "YOU NEED A SCHOOL HOUSE" ABOUT JULIUS ROSENWALD; 3) THERE WILL BE A UIL COMPETITION THAT WILL BE COMING TO BEAUMONT, ON SATURDAY, FEBRUARY, 18, 2017, AT KING MIDDLE SCHOOL, ALSO READ AN EMAIL IN REGARDS TO MR. GILL, WITH STREETS AND DRAINAGE FROM A CITIZEN THAT WAS GRATEFUL FOR THE WORK THAT THE DEPARTMENT DID ATTENDING TO A SINK HOLE ON THEIR PROPERTY COUNCILMEMBER GETZ - THANKED WEST TABERNACLE BAPTIST CHURCH AND CLAYTON MAYFIELD WHO BROUGHT THE FILM BACK TO BEAUMONT REGARDING JULIUS ROSENWALD, STATED THAT PRIOR TO THE MEETING HE PASSED OUT PAPERWORK REGARDING THE FORENSIC FINDINGS OF THE BISD SCHOOL DISTRICT, READ A STATEMENT FROM AN EDITORIAL WRITTEN BY CHRISTOPHER CLAWSON REGARDING BISD, "THE PRIMARY DUTY OF ALL BOARDS, WHETHER IT BE A SCHOOL BOARD OR CITY COUNCIL IS NEVER ENDING SUPERVISION OF THE SENIOR OFFICIALS IN CHARGE OF THE ORGANIZATION, THE BOARD MUST QUESTION THE OFFICIALS IN ANY SUBORDINATE TASK REPORT TO IT" WHAT MR. CLAWSON IS SAYING IS THAT YOU NEED TO HAVE INFORMATION IN ORDER TO DO YOUR JOB EFFECTIVELY AS A CITY COUNCILMEMBER OR A SCHOOL BOARD MEMBER, STATED THAT HIS REASON FOR SAYING THAT IS THAT HE HAS REPEATEDLY REQUESTED INFORMATION OF THE CITY ATTORNEY THAT HAS BEEN COMPLETELY IGNORED, IT UPSETS HIM THAT MR. COOPER FEELS THAT HE DOESN'T DESERVE THE COURTESY OF A RESPONSIVE EMAIL, WITH THAT BEING SAID, HE REQUESTED IF OTHER COUNCILMEMBERS SO INCLINE THAT THIS BE PUT ON THE AGENDA UNDER EXECUTIVE SESSION TO BE DISCUSSED, FEELS THAT HE CAN'T DO HIS JOB PROPERLY IF HE CAN'T GET INFORMATION THAT HE HAS ASKED FOR COUNCILMEMBER WRIGHT - WISHED EVERYONE A HAPPY VALENTINE'S DAY, REMINDED EVERYONE THAT IT'S HEART HEALTHY MONTH AND TO TAKE YOUR LOVED ONE TO THE DOCTOR, APPRECIATED ALL OF THE COMMENTS ON THE FILM REGARDING JULIUS ROSENWALD COUNCILMEMBER PATE - WISHED EVERYONE A HAPPY VALENTINE'S DAY, COMMENTED ON BIBLICAL HERO'S, WISHED ANGIE THOMAS A HAPPY BIRTHDAY, ALSO STATED THAT ANGIE THOMAS AND BARBARA OTTO WERE HONORED AT THE CVB HALL OF FAME FOR ALL THAT THEY DO TO HELP COUNCIL MAKE BEAUMONT A DESTINATION PLACE, ASKED EVERYONE TO SUPPORT LAMAR UNIVERSITY COUNCILMEMBER SAMUEL - STATED THAT HE HOPES CUPID RUNS OUT OF ARROWS TODAY, WISHED ANGIE THOMAS A HAPPY BIRTHDAY MAYOR PRO TEM MOUTON - STATED THAT A LOT HAS BEEN SAID ABOUT SCHOOLS AND AFFORDABLE HOUSING AS TO WHERE IT SHOULD OR SHOULD NOT GO, ALSO THAT BEAUMONT HAS TWO TIMES THE AMOUNT PER CAPITA, WISHED THE WILLIAMS FAMILY THE BEST ON SELLING THEIR PROPERTY, STATED TO KELLY HIGH SCHOOL THAT IT WAS A WIN FOR THEM, BUT NOW KELLY HAS TO CONTEND WITH WHO THE WILLIAMS FAMILY WILL SELL THEIR PROPERTY TO, COMMENTED ON THE JULIUS ROSENWALD FILM, THANKED MR. MAYFIELD AND WEST TABERNACLE CHURCH FOR BRING THE FILM BACK, THERE WAS ALSO A LADY THAT WAS 105 YEARS OLD THAT ATTENDED ONE OF THE ROSENWALD SCHOOLS THAT BECAME A DOCTOR WHO WAS PRESENT TO SEE THE FILM, WISHED ANGIE THOMAS A HAPPY BIRTHDAY, ALSO CONGRATULATED BARBARA OTTO AND ANGIE THOMAS FOR BEING RECOGNIZED AT THE CVB HALL OF FAME, ANNOUNCED THAT THE EVENT CENTRE WILL BE HAVING A DUCKY DERBY, THURSDAY, EACH DUCK IS $10.00, THE ARC WILL ALSO BE HAVING A TALENT SHOW CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - WISHED ANGIE THOMAS A HAPPY BIRTHDAY, ALSO STATED THAT ANGIE THOMAS AND BARBARA OTTO WERE HONORED AT THE CVB HALL OF FAME, ASKED CITIZENS TO PLEASE BRING A MEETING OR CONFERENCE TO OUR CITY, ALSO MADE COMMENTS IN REGARDS TO THE TAX CREDIT PROJECTS, INFORMED THE KELLY COMMUNITY THAT COUNCIL DID RECEIVE A LOT OF EMAILS AND PHONE CALLS REGARDING THE WENDELIN PROJECT Public Comments (Persons are limited to three minutes) Open session of meeting recessed at 3:38 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Gregory Gallow Potential Claim against APAC-Texas, Inc. City of Beaumont v. Paul Victor Morrell, et al There being no action taken in Executive Session, Council adjourned. t in the City Clerk's Office. me Minutes — February 14, 2017