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MIN APR 05 2005 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith,Ward I EVELYN M. LORD, MAYOR Nancy Beaulieu,Ward II Andrew P. Cokinos,At-Large CITY COUNCIL MEETING Becky Ames, Mayor Pro Tern Bobbie J. Patterson,Ward III April 5, 2005 Audwin Samuel,Ward IV Tyrone E. Cooper, 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 April 5,2005,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 1- 5/Consent Agenda Consent Agenda Mayor Lord called the council meeting to order at 1:30 p.m. Pastor James Blackwell of the South Park Baptist Church gave the invocation. Councilmember Samuel led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Lord, Mayor Pro Tern Ames,Councilmembers Smith,Cokinos, Patterson and Samuel. Absent: Councilmember Beaulieu. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions "Sexual Assault Awareness and Prevention Month"-April 2005-Proclamation read by Councilmember Smith "Child Abuse Prevention Month" - April 2005 - Proclamation read by Councilmember Cokinos; accepted by members of the Child Abuse Prevention Coalition "National Community Development Week"-March 28-April 3,2005-Proclamation read by Mayor Lord; accepted by Johnny Beatty, City of Beaumont Community Development Department "Crime Victims' Rights Week"-April 10-16,2005-Proclamation read by Mayor Pro Tem Ames; accepted by Alison Howell on behalf of the Jefferson County Victims' Assistance Center "Fair Housing Month" - April 2005 - Proclamation read by Councilmember Patterson; accepted by Johnny Beatty, Community Development Minutes-April 5,2005 Adopt-A-Street Signing: Ward III - Councilmember Samuel - Harvest for Lost Souls Outreach Ministry adopted Calder from Magnolia to McFaddin Adopt-A-Street Signing: Ward IV - Councilmember Patterson - Lamar Institute of Technology Student Government Association adopted Adams Street from University Drive to M. L. King Parkway Public Comment: Persons may speak on scheduled agenda items 1- 5/Consent Agenda. None CONSENT AGENDA Approval of minutes - March 29, 2005 Confirmation of committee appointments - Resolution 05-077 Mel Wright would be reappointed to the Convention and Tourism Advisory Committee. The current term would expire March 24, 2007. (Mayor Pro-Tem Becky Ames) Walter Crook would be reappointed as Vice Chairman of the Martin Luther King, Jr. Parkway Commission. The current term would expire April 4, 2006. (Mayor Evelyn M. Lord) Levoris Roywould be reappointed to the Drug Free Beaumont Commission. The currentterm would expire March 17, 2007. (Councilmember Lulu Smith) Bill Faucett would be appointed as Chairman of the Library Commission. The term would commence April 5, 2005 and expire April 4, 2006. (Mayor Evelyn M. Lord) Dora Nisby would be appointed as Vice-Chairman of the Library Commission. The term would commence April 5, 2005 and expire April 4, 2006. (Mayor Evelyn M. Lord) A) Approve a resolution authorizing the City Manager to execute Change Order No. 1 in the amount of$18,840 for additional aggregate,emulsion prime coat and replacement of the type of chip seal rock used for the Haul Road Project at the Landfill - Resolution 05-078 B) Approve an amendmentto Resolution No.05-062 correcting the legal description of certain properties - Resolution 05-079 C) Approve an amendment to Article 111, Chapter 2, Section 2-53(c)of the Code of Ordinances to provide fortwo(2)one-year consecutive terms in office forthe chairman and vice-chairman of each board and commission - Ordinance 05-035 City Manager Hayes read the caption of this ordinance as required by law. Councilmember Cokinos moved to approve the Consent Agenda. Mayor Pro Tern Ames seconded the motion. Page 2 of 11 Minutes-April 5,2005 AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a one(1)year contract forthe purchase of corrugated polyethylene pipe for use in the Streets and Drainage Division - Resolution 05-080 Administration recommended award of a contract for purchasing corrugated polyethylene pipe to Coburn Supply at the unit costs reflected in the bid tabulation. The contract specifies that the successful bidder shall provide approximately 12,400 feet of various size corrugated polyethylene pipe at fixed unit costs for one (1)year from date of award for use by the Public Works Department, Streets and Drainage Division. The total estimated expenditure is $142,952 for the contract period. The pipe is utilized by the Streets and Drainage Division to replace driveway culverts during cleanout of City ditches. Existing pipe which is damaged, improperly sized,or not set at correct grade is replaced as needed. Funds are available forthis expenditure in the Public Works Department's operating budget. Councilmember Cokinos moved to APPROVE RESOLUTION 05-080 TO ACCEPT THE BID AS SUBMITTED BY COBURN SUPPLY FOR A ONE(1)YEAR CONTRACT FOR THE PURCHASE OF CORRUGATED POLYETHYLENE PIPE FOR USE BY THE PUBLIC WORKS DEPARTMENT, STREETS AND DRAINAGE DIVISION TO BE ACCEPTED BY THE CITY OF BEAUMONT. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 2. Consider approving an Intergovernmental agreement for the purchase of FASTER Fleet Management System software - Resolution 05-081 Administration recommended approval of an Intergovernmental agreement for the purchase of the FASTER Fleet Management System software from CCG Systems,Inc. in the amount of$113,695. Page 3 of 11 Minutes-April 5,2005 The Fleet Service Center maintains approximately 960 pieces of city-owned equipment, of which 700 are rolling fleet. The current software system, purchased in 1990, was designed for over-the-road commercial fleet operations. Limitations of the current software system include lack of system generated reports relative to a municipal fleet operation, difficulty moving within system, and lack of software support. Several fleet software systems were reviewed and evaluated by the City's Fleet Manager and the Information Services Division.After extensive research and review of the marketed fleet software programs, the FASTER Fleet Management System distributed by CCG Systems, Inc. was rated the highest. The software is used extensively in municipal and government fleet applications throughout Texas as well as in a majority of the states. Some of the advantages of the FASTER system include: • Ability to capture the information necessaryto perform analysis of total cost per mile • Management of Parts Inventory and stocking levels • Bar coding inventory • Ability to track mechanic's productivity The FASTER Fleet Management System is a windows based, user friendly software application. Shop mechanics will be able to directly record their work time, track all parts and repairs,and record all services performed on one computer generated work order. The purchase of this system has been negotiated through an Intergovernmental agreement with the County of Charleston, South Carolina. Included in the County's agreement with CCG Systems, Inc. is an Intergovernmental provision allowing other government agencies to contract directly with CCG Systems. The State of Texas statutes allows a local governmentto enteran intergovernmental contractwith a local government in another state. Funds are available in the Capital Reserve Fund for the purchase of the software. Implementation of this system will result in the additional purchase of hardware at an estimated cost of $19,000. The estimated total cost of the complete system is $133,000. Cou ncilmember Smith made a motion to APPROVE RESOLUTION 05-081 THATTHE CITY MANAGER IS AUTHORIZED TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT FOR THE PURCHASE OF THE FASTER FLEET MANAGEMENT SYSTEM SOFTWARE IN THE AMOUNT OF$113,695.00. Councilmember Cokinos seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, PATTERSON AND SAMUEL Page 4 of 11 Minutes-April 5,2005 NAYS: NONE MOTION PASSED 3. Consider approving the sale of City-owned surplus property - Resolution 05-082 Administration recommended the sale of four (4) parcels of City-owned surplus property. Bids were received forthe sale of City-owned surplus property on Thursday,March 24, 2005. Address: 3005 Hebert Acreage: 0.185 acres Property was obtained for neighborhood revitalization. The only bid received was in the amount of$175. Address: 1395 Evalon Acreage: 0.160 acres Property was obtained for neighborhood revitalization. The only bid received was in the amount of$350. Address: 1025 Railroad St. Acreage: 0.638 acres This property was part of a right-of-way acquisition in the construction of the M.L.K. Parkway. Two bids were received for this property with highest bid in the amount of $4,040. Address: 5920 Garner Road Acreage: 35.85 acres This tract of land was donated to the City by Dr. Neal Foley. Last year, the property was offered for sale and one bid was received. The developer withdrew his bid after being unable to secure funding for housing development. The highest bid this year was $70,000. Payments to the City for this property will be deposited in the General Fund. Councilmember Smith made a motion to APPROVE RESOLUTION 05-082 THAT THE CITY MANAGER BE AUTHORIZED TO EXECUTE ASPECIAL WARRANTY DEED FOR THE SALE OF THE FOUR (4) PARCELS OF CITY-OWNED SURPLUS PROPERTY. Councilmember Samuel seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED Page 5 of 11 Minutes-April 5,2005 4. Consider authorizing the City Manager to execute the renewal of a lease agreement for contract parking services - Resolution 05-083 Administration recommended authorizing the City Managerto execute a two(2)year lease agreement with Lee Parking, L.L.C., beginning May 1,2005 and expiring April 30, 2007, for contract parking services on City-owned lots. Parking services on City-owned lots had been provided byAllright Parking since June 1977. Parking lots which are provided for in the agreement include the lots at: 600 Main Street(Civic Center),500 Main Street(Art Museum),800 Main Street(City Hall), the intersection of College and Main Streets(Main Library), 800 Pearl Street(across from the Julie Rogers Theatre), 2930 Gulf(Sterling Pruitt Activity Center), and other locations as maybe determined. In addition to providing attendants for event parking at these lots, Lee operates a day contract parking lot on the Civic Center north lot. Lee pays the City sixty-percent (60%) of gross receipts derived from the parking operation. During the past fiscal year,the City received more than$52,000 in parking revenues. The proposed agreement maintains the current maximum pervehicle rate of$3 per day. Lee Parking, L.L.C., agrees to pay the City sixty-percent (60%) of gross receipts derived from the parking operation. The City received more than $52,000 in the previous fiscal year. Funds are deposited into the General Fund. Councilmember Cokinos made a motion to APPROVE RESOLUTION 05-083 THAT THE CITY MANAGER IS AUTHORIZED TO EXECUTE A TWO (2) YEAR LEASE AGREEMENT FOR CONTRACT PARKING SERVICES WITH LEE PARKING L.L.C. Councilmember Patterson seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 5. Consider approving the purchase of one trash hauling trailer for use in the Clean Community Department - Resolution 05-084 Administration recommended the purchase of one(1)forty-five(45)cubicyard trailer from UTEC of Lake Charles, Louisiana in the amount of$45,800. The truck and trailer will be used in the residential heavy trash pickup program. The trailer is warranted for a period of one(1)year. The new unit will replace a 1991 Ford trash truck, which will be disposed of according to the City's surplus disposal policy procedures. Funds are budgeted in the Solid Waste Fund. Page 6 of 11 Minutes-April 5,2005 Mayor Pro Tern Ames made a motion to APPROVE RESOLUTION 05-084 THAT THE BID IN THE AMOUNT OF $45,800 SUBMITTED BY UTEC OF LAKE CHARLES, LOUISIANA, FOR THE PURCHASE OF ONE (1) FORTY FIVE (45) CUBIC YARD TRAILER WITH A FIFTH WHEEL ATTACHMENT FOR USE BYTHE PUBLIC WORKS DEPARTMENT,CLEAN COMMUNITY DIVISION BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Patterson seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 6. PUBLIC HEARING: Receive comments on the Public Services, Public Facilities and Improvements and Emergency Shelter Set-Aside line items of the 2005 Annual Action Plan Public Hearing convened at 2:17 p.m. The following representatives spoke on behalf of their organization requesting that the City approve their request for funding. #20 Shorkey Center- Gayle Showalter #18 Buckner Children and Family Services - Regina M+cKowski # xx G-Team Real Estate - Patrick H. Gibbs #17 Beaumont Housing Authority (bus shelters) - Robert L. Reyna #5 Communities in Schools, SE Texas Inc. - Patty Williams #23 Family Services of Southeast Texas - Alison Howell #11 Nutrition and Services for Seniors - Laura Stoute #9 Life Training Institute - Dr. Jock Brown #21 Spindletop MHMR - Pat Satterwhite #8 Lamar University-Community Outreach Program-Elton Paine, Richard Bothel #4 Child Abuse and Forensic Services - Bill Davis #14 Texas Recyclers Assoc. - Clover Bolden #15 YMCA - L. L. Melton Family Branch - Rodney Martin #7 IEA - Inspire, Encourage, Achieve (music & art supplies) - Cheryl Guidry #26 Watts Home Inc. - Patti Lee #6 Girls Haven - Christy Mellen #25 Some Other Place/Henry's Place - Paula O'Neal #22 YWCA (to complete repairs) - Starla Garlick #24 The Salvation Army - Dan Ford #12 Praise Christian Center- Pastor Duane Franks CDAC(Community Development Advisory Committee)-Darla Bell spoke on behalf of the committee; recommended that all applications should be looked at carefully; indicated that some entities repeat services and could possibly reach more people if Page 7 of 11 Minutes-April 5,2005 theyworked together more closely;audit reports submitted with applications would be of great benefit in making recommendations. Public Hearing closed at 3:18 p.m. 7. PUBLIC HEARING: Dilapidated Structures Public Hearing convened at 3:20 p.m. Public comments were made bythe following people who personally appeared and requested additional time to make repairs to their property. Cleon Fowler 2598 Houston Street Beaumont TX #13 - RE: 2598 Houston #14 - RE: 2598 Houston (garage apartment) Vaughn S. Ayers Sr. 840 College Beaumont TX #8 - RE: 840 College (rear auxiliary bldg.) Roberto C. Flores Sr. 2425 Buchanan Beaumont TX #6 - RE: 2465 Buchanan Spoke as a concerned neighbor that this house should be torn down At the request of Councilmember Samuel, Tom Warner briefly explained the new regulations as set out in the revised ordinance regarding dilapidated structures. Public Hearing closed at 3:29 p.m. Consider approval of an ordinance declaring certain structures to be dangerous structures and ordering their removal within so many days and ordering a raze or repair order for certain other structures - Ordinance 05-036 Councilmember Samuel made a motion to remove items 13, 14 and 8 from the original request of structures to be raised. Councilmember Patterson seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED Councilmember Samuel made a motion to ADOPT ORDINANCE 05-036 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND/OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Councilmember Patterson seconded the motion. Page 8 of 11 Minutes-April 5,2005 As part of the motion and to be included in Ordinance 05-036,the property owner(s) of the following described buildings execute a work program with the City within ten (10)days of the effective date of this ordinance and either demolish or complete all repairs and receive a Certificate of Occupancy within one-hundred fifty(150)days. Should the owner(s) fail to obtain substantial completion as defined in the work program,within ninety(90)days from the initiating date of the work program,Council hereby orders that the property be demolished without further notification to the property owner(s) or City Council action. #8 840 College (rear auxiliary bldg.) #13 2598 Houston #14 2598 Houston (garage apartment) #34 920 Lockwood #35 2058 Roberts AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE COUNCILMEMBER COKINOS - NONE MAYOR PRO TEM AMES - THANKED THE MEMBERS OF THE CDAC (COMMUNITY DEVELOPMENT ADVISORY COMMITTEE) FOR SERVING ON THIS COMMITTEE COUNCILMEMBER SAMUEL - NONE Councilmember Patterson - THANKED THE CDAC AND STAFF FOR THEIR DEDICATION AND COMMITMENT; THANKED ALL THE CITIZENS AND BISD AND THOSE WHO SUPPORTED THE SOUTH PARK BLOCK PARTY WHICH WAS AGAIN A HUGE SUCCESS; THE TROOPS AND SOLDIERS WERE RECOGNIZED AT THE BLOCK PARTY; A REMINDER THAT THURSDAY, APRIL 7T" IS THE LAST DAY TO REGISTER TO VOTE. CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - A THANK YOU TO THE CDAC MEMBERS AND STAFF FOR THEIR HARD WORK AND A GREAT JOB. Page 9 of 11 Minutes-April 5,2005 MAYOR LORD - NONE Public Comments (Persons are limited to three minutes) LeRoy Lewis III 7866 Gladys Beaumont TX Feels that citizens should have lowertaxes,need for crime reduction,more street and water main repairs, revitalization of the Old Spanish Trail and other related items James Royal 1135 Pollard Street Beaumont TX Concerned with the regulations of riding a four-wheeler on the streets; feels they are not enforced equally Roberto C. Flores Sr. 2425 Buchanan Beaumont TX Voiced neighborhood concernsforthe safetyof thechildren with prostitution around Fletcher Elementary and the increase in the number of neighborhood disturbances Delores Davis 2298 Blanchette Beaumont TX Feels that the City should support people who are trying to help the homeless;also feels that Ward III is the worst Ward in that the grass has overtaken most of the area and feels that something should be done to make the Ward look better Allen Lee 5095 Maddox Street Beaumont TX Feels thatthe Council meetings should be aired more often and not just on Wednesdays;also feels that Planning and Zoning meetings should be aired so that people are better aware of the process;feels that the South Park Block Partywas too commercial and too expensive for the children and that the City should provide free activities for these children Open session of meeting recessed at 3:50 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Cardinal Glass Company v The City of Beaumont There being no action taken in Executive Session, Council adjourned. Page 10 of 11 Minutes-April 5,2005 Audio tapes are available upon request in the City Clerk's Office. Evelyn M. L r , Mayor UM®� Rose Ann Jones, RMC ° ' City Clerk iw Page 11 of 11 Minutes-April 5,2005