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MIN AUGUST 19 2003 M I N U T E S - CITY OF BEAUMONT Lulu L.Smith EVELYN M. LORD, MAYOR Nancy A. Beaulieu Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames, Mayor Pro Tern Bobbie J. Patterson August 19, 2003 Audwin Samuel Lane Nichols, City Attorney Kyle Hayes,City Manager Susan Henderson, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on August 19, 2003, 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, Recognition and Proclamations * Public Comment: Persons may speak on scheduled agenda items * Consent Agenda Mayor Evelyn Lord called the meeting to order at 1:30 p.m. The invocation was said by Joseph Davis, Sr., Pastor of New Pilgrim Baptist Church. City Manager Kyle Hayes led the Pledge of Allegiance. Roll call was made by Tina Broussard from the City Clerk's office. Present at the meeting was Mayor Lord, Mayor Pro Tern Ames,Councilmembers Smith,Cokinos, Samuel and Patterson.Also, present was Kyle Hayes,City Manager; Lane Nichols, City Attorney; and Tina Broussard,Administrative Assistant. Councilmember Nancy Beaulieu was absent from the meeting. Proclamations, Presentations and Recognitions None Public Comment: Persons may speak on items listed on the Consent Agenda or on General Business Items No. 1 through No. 9. None CONSENT AGENDA * Approval of minutes - Minutes of August 12, 2003 * Confirmation of committee appointments - Resolution 03-169 Beauregard Brown would be appointed to the Community Development Advisory Committee. The term would commence August 19, 2003 and expire August 18, 2005. (Councilmember Andrew P. Cokinos) Carolyn Howard would be appointed to the Keep Beaumont Beautiful Commission. The term would commence August 19, 2003 and expire August 18, 2005. (Councilmember Andrew P. Cokinos) Carolyn Mattingly would be appointed to the Library Commission. The current term would commence August 19, 2003 and expire August 18, 2005. (Councilmember Andrew P. Cokinos) Brenda Manuel would be appointed to the Parks & Recreation Advisory Committee. The term would commence August 19, 2003 and expire August 18, 2005. (Councilmember Nancy Beaulieu) Adrian Hudspeth would be appointed as Vice-Chairman of the Keep Beaumont Beautiful Commission. The term would commence August 19, 2003 and expire August 18, 2004. (Mayor Evelyn M. Lord) A) Approve a resolution authorizing the acceptance of a general utility easement. Resolution 03-170 Councilmember Cokinos moved to approve the Consent Agenda. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. GENERAL BUSINESS 1. Consider approving a depository agreement for banking services between the City of Beaumont and Hibernia National Bank. The City issued requests for proposals for banking services to all banks located within the City of Beaumont. Proposals were received from Bank of America, Bank One, Hibernia National Bank, and Wells Fargo Bank of Texas. The selection process was based on: (1)compliance with minimum requirements set forth by the City, (2)availability of required banking services and (3) highest net earnings calculated as the difference between the total cost of banking services and the total annual interest. Administration recommended' approval of a resolution authorizing a new depository agreement for banking services between the City of Beaumont and Hibernia National Bank for a three (3)year period commencing October 1, 2003 and ending September 30, 2006. Minutes-August 19,2003 Councilmember Cokinos moved to approve RESOLUTION 03-171 APPROVING A DEPOSITORY AGREEMENT FOR BANKING SERVICES BETWEEN THE CITY OF BEAUMONT AND HIBERNIA NATIONAL BANK. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 2. Consider approving a request to abandon a 20' x 300' alley in Block 3, MCFaddin First Addition. Ben Bundy, the agent for W.E. Maier, the property owner is requesting the abandonment of the alley in Block 3, McFaddin First Addition. The property at 1195 Gulf Street is under contract to be sold. The building encroaches into the alley and Mr. Maier is concerned that this encumbrance could jeopardize the sale. At a regular meeting held June 16, 2003, the Planning Commission voted 6:0 to approve the abandonment, subject to the owner of the adjacent property working out an agreement with the City of Beaumont on how to address the 6"sanitary sewer line in the alley and with Time Warner Cable on how to address the existing cable feeder in the alley. Administration recommended approval of an Ordinance to consider approving a request to abandon a 20' x 300' alley in Block 3, MCFaddin First Addition. Councilmember Smith moved to approve ORDINANCE 03-067 APPROVING A REQUESTTO ABANDON A 20'x 300'ALLEY IN BLOCK 3,MCFADDIN FIRST ADDITION SUBJECT TO THE OWNER OF THE ADJACENT PROPERTY WORKING OUT AN AGREEMENT WITH THE CITY OF BEAUMONT ON HOW TO ADDRESS THE 6" SANITARY SEWER LINE IN THE ALLEY AND WITH TIME WARNER CABLE ON HOW TO ADDRESS THE EXISTING CABLE FEEDER IN THE ALLEY. Councilmember Coki nos seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBER SMITH, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 3. Consider authorizing the City Manager to execute a contract for the Barscreen Area and Belt Press Conveyor Improvements at the Sanitary Sewer Treatment Plant. Administration recommended approval of a contract with Allco, Inc., of Beaumont in the amount of$833,786.00 to install two(2)mechanical barscreens,two(2)conveyor systems, one (1)washer/compactor system, and two (2) pre-engineered pole buildings. Funds for the project are available in the Capital Improvement Fund. The MBE goal will be met through subcontracts with certified MBE firms of Gobert Trucking, and Texas Mechanical Specialty, Inc., in the amount of$95,656.48. Minutes- August 19,2003 The existing barscreens built in the early 1980's have deteriorated and the 1-inch openings allow excessive solids to infiltrate to the plant causing damage to the equipment and interrupting the operation. The existing conveyor system built in the early 1980's is in poor condition, breaks down on a regular basis and needs replacing in order to keep up with the daily sludge production. Councilmember Cokinos moved to approve RESOLUTION 03-172 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE BARSCREEN AREA AND BELT PRESS CONVEYOR IMPROVEMENTS AT THE SANITARY SEWER TREATMENT PLANT. Councilmember Smith seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 4. Consider authorizing the City Manager to execute a contract for the proposed chlorine building at Loeb Water Plant site. Administration recommended approval of a contract with Allco, Inc., of Beaumont in the amount of$211,036.98 to construct a new chlorine building, driveway, parking area, and grade the site and improve the drainage at Loeb Water Plant site. Funds for the project are available in the Capital Improvement Fund. The MBE goal will be met through subcontracts with the certified MBE firms of Gobert Trucking, Jam and Sons, and Texas Mechanical Specialty, Inc. The existing chlorine building built in 1959 does not meet the new Texas Commission on Environmental Quality (TCEQ) regulations regarding the number of chlorine drums that should be housed inside the building. Councilmember Smith moved to approve RESOLUTION 03-173 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE PROPOSED CHLORINE BUILDING AT LOEB WATER PLANT SITE. Councilmember Cokinos seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 5. Consider authorizing the City Manager to increase the City of Beaumont Digester Conversion Project amount for"extra work." Administration recommended approval of increasing the City of Beaumont Digester Conversion Project amount by $42,638.89 for extra work, which included installing wall brackets for air piping, installing additional pipe hangers, and clean digesters #1 and #2. Minutes-August 9,2003 On April 20, 2001, Council authorized a contract for rehabilitation of the digester system in the total amount of $419,755.00. There have been three (3) previous change orders, two (2) increases, and one (1) decrease with this being the fourth and final change order. Funds for the project are available in the Water Utilities Fund. Councilmember Cokinos moved to approve RESOLUTION 03-174 AUTHORIZING THE CITY MANAGERTO INCREASE THE CITY OF BEAUMONT DIGESTER CONVERSION PROJECTAMOUNT FOR"EXTRA WORK." Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 6. Consider approving a six(6) month contract for the purchase of asphaltic concrete for use in the Public Works Department. Administration recommended award of a six (6) month contract to APAC-Texas, Inc. for purchasing asphaltic concrete with an estimated total contract expenditure of$94,000.00. Cold laid asphaltic concrete is used for repairing potholes and small sections of street, while hot laid asphaltic concrete is used for repairs to larger street sections. Funds are available for this expenditure in the Public Works Department's operating budget. Councilmember Smith moved to approve RESOLUTION 03-175 APPROVING A SIX (6) MONTH CONTRACT FOR THE PURCHASE OF ASPHALTIC CONCRETE FOR USE IN THE PUBLIC WORKS DEPARTMENT. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD,MAYOR AMES,COUNCILMEMBERS SMITH,COKINOS,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 7. Consider approving a contract for the purchase of asphalts, oils and emulsions for use in the Public Works Departments. Administration recommended award of an annual contract to Koch Materials Company of Houston, and Bridges Asphalt of Garland,Texas at the unit costs reflected in the attached bid tabulation. The materials are used as bonding agents in the maintenance and repair of streets. The bonding agents will increase the longevity of the patching material used in potholes and various areas of damage. Total estimated annual expenditure is$66,900.00. Funds are available for this expenditure in the Streets and Drainage Division's operating budget. Councilmember Cokinos moved to approve RESOLUTION 03-176 APPROVING ACONTRACT FOR THE PURCHASE OF ASPHALTIS,OILS AND EMULSIONS FOR USE IN THE PUBLIC WORKS DEPARTMENTS. Mayor Pro Tern Ames seconded the motion. Minutes-August 19,2003 AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 8. Consider approving a six (6) month contract for the purchase of liquid chlorine for use in the Water Utilities Division. Administration recommended award of a six(6) month contract for the purchase of liquid chlorine to Altivia Corporation of Houston, Texas at the unit cost of$399.00 per ton. This chemical is used to disinfect and purify the water supply. The estimated annual expenditure is $55,860.00. Funds are available for this expenditure in the Water Utilities Division's operating budget. Councilmember Smith moved to approve RESOLUTION 03-177 APPROVING A SIX (6) MONTH CONTRACT FOR THE PURCHASE OF LIQUID CHLORINE FOR USE IN THE WATER UTILITIES DIVISION. Councilmember Cokinos seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 9. Consider approving the purchase of Self Contained Breathing Apparatus (SCBA) and air cylinders for use in the Fire Department. Administration recommended the purchase of sixteen (16) SCBA units and air cylinders for $56,500.80 from Dooley Tackaberry, Inc. of Deer Park, Texas for the Beaumont Fire Department. The SCBA breathing mask and air cylinders are used to provide a safe supply of fresh air to firefighters while working in hazardous environments. In 2002, the Federal Emergency Management Agency (FEMA) awarded the Fire Department a grant that provided reimbursement of the purchase price of equipment after a 30% matching funds requirement is met. In December of 2002, the Fire Department purchased six (6) SCBA units for a total of $21,505.08. That purchase satisfied the matching fund requirement and qualified the City for reimbursement of the purchase price of the sixteen (16) SCBA units being considered at this time. Councilmember Cokinos moved to approve RESOLUTION 03-178 APPROVING THE PURCHASE OF SELF CONTAINED BREATHING APPARATUS(SCBA)AND AIR CYLINDERS FOR USE IN THE FIRE DEPARTMENT. Mayor Pro Tern Ames seconded the motion. Minutes-August 19,2003 AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. MOTION PASSED. WORK SESSION Review the proposed FY2004 Budget City Manager Kyle Hayes presented Council with an overview of the FY2004 Budget. The budget is a balanced one and primarily calls for a 2% raise for all civilian employees. AUDIO AND VIDEO TAPES ARE AVAILABLE IN THE CITY CLERK'S OFFICE. Mayor Pro Tern Ames left the meeting at 1:55 p.m. COUNCILMEMBER COMMENTS: COUNCILMEMBER SMITH congratulated the City Manager and his staff for doing a magnificent job. COUNCILMEMBER COKINOS commented on Fireman and Policeman grants. COUNCILMEMBER SAMUEL- NONE COUNCILMEMBER PATTERSON invited the public to attend the grand opening of the newly renovated L.L. Melton YMCA that will be held on Saturday,August 23, 2003 at 11:30 a.m. She announced that the grand opening is for the public to view the newly constructed gymnasium, fitness center and the renovations made to the facility. CITY MANAGER KYLES HAYES -NONE CITY ATTORNEY LANE NICHOLS -NONE MAYOR LORD -NONE Minutes-August 19,2003 Public Comments (Persons are limited to three minutes) Dan Soto 240 Enfield Ln. Beaumont, TX Mr. Soto addressed Council concerning McLean, Landis and Mapes Streets in his neighborhood. He stated in the thirty plus years he has resided in the area, he has not seen any improvements had on these streets except to a few potholes. Mr. Soto said he has concern for the neighborhood children. Mr. Soto offered his services to help with this matter. There being no further business, the meeting adjourned at 2:21 p.m. Audio and video tapes are available upon request in the City Clerk's Office. Mayor Ev lyn Lord Susan Henderson, City Clerk Minutes-August 19,2003