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Home My WebLink AboutMIN JAN 20 2004 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith EVELYN M. LORD, MAYOR Nancy Beaulieu Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames, Mayor Pro Tem Bobbie J. Patterson January 20, 2004 Audwin Samuel Lane Nichols, 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 January 20,2004, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to considerthe following: OPENING * Invocation Pledge of Allegiance Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items * Consent Agenda Mayor Pro Tem Ames called the meeting to order at 1:30 p.m. Pastor H. Clay Williams of Vision Alive Christian Ministries Outreach Center gave the invocation. Councilmember Cokinos led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Pro Tem Ames, Councilmembers Smith, Beaulieu, Cokinos, Samuel and Patterson. Also present were Kyle Hayes,City Manager; Lane Nichols,City Attorney; and Rose Ann Jones, City Clerk. Absent: Mayor Lord Proclamations, Presentations, Recognitions 1. Sallye J. Keith Day-Councilmember Samuel read the proclamation declaring January 20, 2004 as Sallye J. Keith Day for her dedicated work in Southeast Texas. Ms.Keith stated she was very honored to receive this award and this was the biggest day in her life. 2. Dr.Joseph Kong Day-Mayor Pro Tem Ames read the proclamation declaring January 20, 2004 as Dr. Joseph Kong day for his continued dedication in the field of medicine and devoted work in the community. Dr. Kong accepted with appreciation this award. Public Comment: Persons may speak on scheduled General Business Agenda Items 1-5 or on the Consent Agenda. Lynn Castle 500 Main Street Beaumont TX Ms. Castle addressed the council in support of the roof replacement for the Art Museum of Southeast Texas and the benefits of this for the museum and the community. Minutes-January 20,2004 CONSENT AGENDA Approval of minutes - Minutes of January 13, 2004 Confirmation of committee appointments A) Approve a resolution supporting Stone Way Limited Partnership's efforts to receive a 2004 Allocation from the Texas Department of Housing and Community Affairs-Resolution 04- 013 B) Approve a bid for the purpose of one(1)small rubber track excavator-Resolution 04-014 C) Approve a resolution authorizing the settlement of the lawsuit styled Suzanne L. McClelland v. Bradley Richard Beaulieu and City of Beaumont - Resolution 04-015 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Patterson seconded the motion. AYES: MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE ABSTAIN: PA-T,zRSIDN SAMUEL (ON ITEM A) MOTION PASSED GENERAL BUSINESS 1. Consider approving a contract for the roof replacement at the Art Museum of Southeast Texas - Resolution 04-016 Administration recommends awarding a contract to Brazos Roofing International, Inc.,in the amount of$343,888, for replacing the roof system at the Art Museum of Southeast Texas. In 1986,the City entered into a development agreement with the Beaumont Art Museum,now known as theArt Museum of Southeast Texas(AMSET),underwhich the museum agreed to acquire real property and construct an art museum of approximately 15,000 square feet. The agreement provided that after the property was acquired, the City would accept it as a donation to be leased to the organization for the operation of the completed facility. Since the structure was built,AMSET has experienced problems with water penetration. For the past several years,crews from the City's Building Services Division have worked to assist the museum in repairing deteriorated roof components to stop the water infiltration. Water intrusion has become such a problem that AMSET will no longer pass the accreditation process by the American Associations of Museums. In September 2002,City Council authorized the City Managerto amend the lease agreement with AMSET to provide for the roof replacement project. The City agreed to the one time Minutes-January 20,2004 replacement of the roof system since AMSET was in poor financial condition and unable to fund such an extensive endeavor. Prior to the amendment, AMSET was contractually responsible for all maintenance and repair of the facility. The City contracted with LaBiche Architectural Group, Inc.to provide a comprehensive roof system replacement plan forthe project. After an evaluation of the building's roof system was conducted by the architect and a roofing consultant firm, it was determined that a complete roof system replacement was required. The lowest bid meeting all of the project's specifications is Brazos Roofing International,Inc. in the amount of$343,888. The bid includes furnishing all labor, material and equipment to construct a comprehensive roof system replacement for the museum building. Work is scheduled to be completed in 120 calendar days after the issuance of the Notice to Proceed. Total project cost is estimated to be $380,000 with architectural fees included and will be funded in the General Improvements Fund. Initial project estimates were$150,000. There are savings in the General Improvements Fund from other projects,such as the Julie Rogers Theater Fire Alarm Replacement Project($70,000)thatwill be reallocated to the museum roof replacement project. Councilmember Cokinos moved TO APPROVE A CONTRACT FOR THE ROOF REPLACEMENT AT THE ART MUSEUM OF SOUTHEAST TEXAS. Councilmember Smith seconded. AYES: MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, BEAULIEU, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 2. Consider approving an agreementwith theTexas Departmentof Transportation(TxDOT)to use toll revenue expenditures as credits toward the non-federal matching share for the purchase of twenty (20) alternative fuel buses - Resolution 04-018 TOOT has received authorization to use toll expenditures generated and used by public, quasi-public and private agencies,for Transportation Capital Project investment. These toll credits, totaling $1,550,000, will be applied toward the non-federal matching share of a Congestion Mitigation Air Quality (CMAQ) project aimed at the purchase of twenty -- alternatively fueled buses(CNG or compressed natural gas)to replace the aging Beaumont Municipal Transit bus fleet. The total cost of the CMAQ bus purchase project is projected to total $6,200,000. Councilmember Beaulieu asked that the toll credit project be defined. Directorof Public Works,Tom Warner explained that this was toll credit that the City received which was levied in another area of the state. The toll credit can only be used for specific purpose dealing with transportation. A special exception has been made forthe City since we are a non-attainment area and this is a non-conforming plan to use these funds for this project.The state holds the toll credit until we authorize the expenditure. We do have approval from the Highway Commission to use these funds for this project. Minutes-January 20,2004 Councilmember Smith moved to approve RESOLUTION 04-017 TO APPROVE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION TO USE TOLL REVENUE EXPENDITURES AS CREDITS TOWARD THE NON-FEDERAL MATCHING SHARE FOR THE PURCHASE OF TWENTY(20) ALTERNATIVE FUEL BUSES. Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, BEAULIEU, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider approving a contract for a comprehensive risk management study of Beaumont Fire/Rescue Services - Resolution 04-018 Administration recommends the award of a contract to Emergency Services Consulting Group, Inc.fora comprehensive risk management study of Beaumont Fire/Rescue Services. The purpose of this study is to assist the City of Beaumont in developing solutions forthe long- term fire and emergency services needs of the community. The study will evaluate management effectiveness,current services and workloads,project future fire and life safety demands, and develop options and strategies for the City to address and implement necessary improvements or modifications where needed. The study is scheduled to be completed in 150 days. The cost of the study is $36,330 plus expenses not to exceed $5,005 for a total cost of $41,335. The Federal Emergency Management Agency(FEMA)Assistance to Firefighters Grant Program for Fire Operation and Firefighter Safety will provide funds in the amount of $28,934.50. The city's share of$12,400 will be funded by a contribution from the IAAF,Local 399 union. Councilmember Cokinos moved to approve RESOLUTION 04-018 TO APPROVE A CONTRACT FOR A COMPREHENSIVE RISK MANAGEMENT STUDY OF BEAUMONT FIRE/RESCUE SERVICES. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, BEAULIEU, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider approving the participation of the City of Beaumont with other Entergy Gulf States, Inc.service area cities before the Public Utilities Commission of Texas for the calendar year 2004 - Resolution 04-019 Minutes-January 20,2004 Administration recommends the adoption authorizing the participation of the City of Beaumont with other Entergy Gulf States, Inc.service area cities before the Public Utilities Commission of Texas for the calendar year 2004. For many years,the City of Beaumont has joined other cities in the Entergy Gulf States service area in participating before the Public Utilities Commission of Texas in various rate and fuel matters filed by the company. The purpose of this resolution is to authorize forthis calendar year that the City of Beaumont participate with other cities in intervening in the various cases that the company might file concerning fuel,rate and deregulation matters before the Public Utilities Commission of Texas. It is also expected that the company will file a fuel reconciliation proceeding covering the past three years of fuel cost. The expenses associated with these cases will be reimbursable by the company as they have been in the past. Councilmember Beaulieu wanted to know if we knew of any cases that would be pending or current issue, do we intervene often and the cost to the city. City Attorney Lane Nichols responded thatwe do know that some fuel reconciliation and fuel factor cases will be forthcoming. The PUC is trying to make the rates more competitive. The Steering Committee gets together and makes the decision and usually find that the costs would not be economically feasible. The track record of the PUC usually finds closer in favor of the city instead of the company. There is actually a savings to the City by joining together with other cities because the cost is less per city for the attorney fees. Councilmember Cokinos moved to approve RESOLUTION 04-019 TOAPPROVE PARTICIPATION OF THE CITY OF BEAUMONT WITH OTHER ENTERGY GULF STATES, INC. SERVICE AREA CITIES BEFORE THE PUBLIC UTILITIES COMMISSION OF TEXAS FOR THE CALENDAR YEAR 2004. Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, BEAULIEU, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED -5. Consider amending Appendix D of the International Fire Code, 2003 Edition, changing the pavement width in cul-de-sacs to reflect the current requirements in the Subdivision Regulations - Ordinance 04-002 On October 7, 2003, the City Council passed an ordinance to adopt the International Fire Code, 2003 Edition. Included in Appendix D of the Fire Code were provisions for the minimum payment width of sixty-six feet. Appendix D of the Fire Code requires a minium of ninety-sixfeet. When the Fire Code was adopted,the ordinance included language repealing any provisions that were in conflict with the new Fire Code. The adoption of the International Fire Code was not intended to supercede existing Subdivision Regulations. Minutes-January 20,2004 Administration recommends amending Appendix D of the International Fire Code, 2003 Edition, relating to the pavement width in cul-de-sacs. Councilmember Cokinos moved to approve ORDINANCE 04-002 TO AMEND APPENDIX D OF THE INTERNATIONAL FIRE CODE, 2003 EDITION, CHANGING THE PAVEMENT WIDTH IN CUL-DE- SACS TO REFLECT THE CURRENT REQUIREMENTS IN THE SUBDIVISION REGULATIONS. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, BEAULIEU, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - CONGRATULATED THE TWO CITIZENS WHO RECEIVED RECOGNITION: DR. KONG WHO TREATS THE PATIENT AS WELL AS THE ILLNESS AND MS. SALLYE WHO HAS BEEN WONDERFUL TO THIS COMMUNITY COUNCILMEMBER BEAULIEU-CONGRATULATED DR.KONGAND MS.SALLYE KEITH;RECOGNIZED ANGIE THOMAS WHO WAS THE RECIPIENT OF A RECENT ROTARY AWARD AND REQUESTED KYLE HAYES TO EXPAND ON THIS AWARD COUNCILMEMBER COKINOS - NONE COUNCILMEMBER SAMUEL - CONGRATULATED DR. KONG AND MS. SALLYE; JOY TO SEE EXPRESSIONS ON SALLYE KEITH'S FACE WHEN SHE RECEIVED HER AWARD; CONGRATULATIONS AND PRAISE ALSO TO STAFF MEMBER ANGIE THOMAS FOR HER LOVE AND SMILES COUNCILMEMBER PATTERSON - APPLAUDED DR. KONG AND MS. SALLYE KEITH FOR THEIR MANY CONTRIBUTIONS TO THE COMMUNITY;EXPOUNDED ON THE PRAISES OFANGIE THOMAS AND HER SERVICES TO THE CITY AND THE COMMUNITY ANGIE THOMAS - THANKED EVERYBODY FOR THEIR SHOW OF APPRECIATION AND ENJOYMENT OF WORKING WITH EVERYBODY THROUGH THE YEARS DR. SMITH: GAVE SPECIAL THANKS TO ANGIE THOMAS MAYOR PRO TEM AMES - REQUESTED THAT KYLE HAYES EXPAND ON THE ROTARY AWARD RECEIVED BY ANGIE THOMAS CITY MANAGER KYLE HAYES - EXPLAINED THAT ANGIE THOMAS WAS THE RECIPIENT OF THE VOCATIONAL EXCELLENCE AWARD FOR HER FANTASTIC EXEMPLARY SERVICE IN HER FIELD CITY ATTORNEY LANE NICHOLS -CONGRATULATED ANGIE THOMAS; WELL DESERVED Minutes-January 20,2004 Public Comments (Persons are limited to three minutes) Nelda Muirhead 5390 Seale Road Beaumont TX Addressed council regarding property located at 500 Roberts Road which is scheduled for demolition and her distress regarding the matter Councilmember Patterson read a current report regarding this property submitted by the Demolition Department and offered to discuss this property with Mrs. Muirhead. Robert Preston 1190 Iowa St. Beaumont TX Addressed council regarding various issues of the city including the demolition department, the budget not being posted on the Cities Web site and the police department NO EXECUTIVE SESSION WAS HELD. COUNCIL ADJOURNED AT 2:20 PM. Audio tapes are available upon request in the City Clerk's Office. (440A�A &�,: Becky Ar4d Mayor Pro Tem 41�4x" Rose Ann Jones, Vity Clerk Minutes-January 20,2004