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MIN APR 19 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 19,2005 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 19,2005,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- 5/Consent Agenda Consent Agenda Mayor Lord called the council meeting to order at 1:30 p.m. Reverend O. J. Beasley of St. John Missionary Baptist Church gave the invocation. Hospital Corpsman Third Class Ronnie E. Clark led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present atthe meeting were Mayor Lord,Mayor Pro Tern Ames,Councilmembers Smith,Beaulieu, Coki nos,Patterson and Samuel. Also present were Kyle Hayes,City Manager;Tyrone Cooper,City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions Recognition: Hospital Corpsman Third Class Ronnie E. Clark, United States Navy- returned home from Iraq and received the NavyAchievement Medal from the Secretary of the Navy "Fifty-Seventh Neches River Festival Week"-April 19-May 1,2005-Proclamation read byCouncilmemberSamuel;accepted by Ben Orgain,President of the Neches River Festival, Karen McCormick, Social Chairman and Kathy Orgain "Beaumont Police S.W.A.T. Team Day" - April 19, 2005 - Proclamation read by Mayor Lord; accepted by Chief Tom Scofield and the S.W.A.T. Team Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda. None Minutes-April 19,2005 CONSENT AGENDA Approval of minutes - April 12, 2005 Confirmation of committee appointments - Resolution 05- 086 Antoinette Hardy will be appointed to the Civil Service Committee. The term would commence April 19, 2005 and expire April 18, 2008. (Kyle Hayes, City Manager) A) Approve a contract between the City of Beaumont and the Charlton-Pollard Neighborhood Association Community Housing Development Organization - Resolution 05-087 B) Approve a request to deed surplus property to the Charlton-Pollard Neighborhood Association Community Housing Development Organization forthe development of affordable housing - Resolution 05-088 C) Authorize the City Manager to execute instruments to settle the lawsuit of Douglas Manning, Individuallyand as Parent and Natural Guardian of Brittany Manning,a Minor - Resolution 05-089 D) Approve a one (1) year contract for concrete raising and rehabilitation services - Resolution 05-090 E) Approve a resolution supporting Stone Way Limited Partnership's efforts to receive a 2005 Forward Commitment Allocation from the Texas Department of Housing and Community Affairs - Resolution 05-091 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider authorizing the City Manager to execute a contract for water line replacements on Lindbergh Drive and in Tyrrell Park - Resolution 05-092 Administration recommended approval of a contract with Brystar Contractng, Inc., Beaumont,Texas in the amount of$519,022.20 to replace 498 linear feet of 2-inch, 4,000 linearfeet of 4-inch,2,788 linearfeet of 6-inch,and 4,438 linearfeet of 12 inch Page 2 of 7 Minutes-April 19,2005 water lines and related appurtenances. The project is on Lindbergh Drive from Washington Boulevard to College Street, and in Tyrrell Park. The MBE goal will be met through subcontracts with the certified MBE firm of Texas Mechanical Specialty, Inc., and Rural Pipe and Supply Company for a total of $170,000. This amount represents 32.75 percent of the total bid. The water lines installed in the early 1950's have deteriorated and must be replaced. The primary goals of the project are to replace the water lines, provide safe potable water,provide fire protection,and provide customers with uninterrupted and adequate service. Funds for the project are available in the Capital Improvements Fund. Councilmember Cokinos moved to APPROVE RESOLUTION 05-092 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE WATER LINE REPLACEMENT - LINDBERGH DRIVE AND TYRRELL PARK TO BRYSTAR CONTRACTING, INC., BEAUMONT, TEXAS IN THE AMOUNT OF$519,022.20. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 2. Consider approving a contract for fire,extended coverage,flood and quake property insurance for city-owned properties - Resolution 05-093 Administration recommended exercising the renewal option with McGriff, Seibels& Williams, Inc. of Dallas, Texas for a one(1)year fire, extended coverage, flood and quake property insurance policy. The annual premium of$255,676 includes an all risk peril policy with a loss limit of $118,453,365, Terrorism coverage and Boiler and Machinery coverage. The annual insurance policy awarded to McGriff, Seibels & Williams, Inc. in 2004 included a one year renewal option. The annual premium for the upcoming policy period is approximately 5%less than last year's premium. This reduction is primarily due to market conditions. The policy begins May 1, 2005 and expires May 1, 2006. Funds are available in the Internal Services Department,Building Services Division's operating budget. Councilmember Cokinos made a motion to APPROVE RESOLUTION 05-093 THAT THE CITY MANAGER BE AND HE IS HEREBYAUTHORIZED TO EXECUTE A ONE(1)YEAR RENEWAL OF THE CONTRACT WITH MCGRIFF, SEIBELS AND WILLIAMS, INC., DALLAS, TEXAS FOR A Page 3 of 7 Minutes-April 19,2005 ONE (1) YEAR FIRE, EXTENDED COVERAGE, FLOOD AND QUAKE PROPERTY INSURANCE POLICY. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 3. Consider authorizing an application for, and acceptance of, grant funding for the Southeast Texas Auto Theft Task Force - Resolution 05-094 Administration recommended approval of an application for,and acceptance of,grant funding for the Southeast Texas Auto Theft Task Force. As result of Title 43, Part III, Chapter 57 of the Texas Administrative Code, local governmental agencies mayapplyforone yearfunding fora State Grantthrough the Texas Automotive Theft Prevention Authority. The City of Beaumont has been the grantee of the Southeast Texas Auto Theft Task Force since 1993. The Southeast Texas Auto Theft Task Force is a multi-jurisdiction agency comprised of seven personnel from the Beaumont Police Department, and one each from the Jefferson County Sheriffs Office,Port Arthur Police Department and the Hardin County Sheriff's Office. Since the inception of the Task Force, motor vehicle thefts have decreased in Beaumont by 70%from 1721 in 1972 to 516 in 2004. The Task Force currently covers Jefferson, Orange, Hardin, and Jasper Counties. The application for FY 2006 is in the amount of$937,646. State funds in the amount of$557,565 is being requested from the Automobile Theft Prevention Authority. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 05-094 AUTHORIZING THE CITY MANAGER TO APPLY FOR FUNDING FOR FY 2006 OPERATIONS OF THE SOUTHEAST TEXAS AUTO THEFT TASK FORCE;AND THAT THE CITY MANAGER BE AND IS HEREBYAUTHORIZED TO EXECUTE NECESSARY DOCUMENTS TO AUTHORIZE ACCEPTANCE OF THE FUNDING AND TO RECEIVE AND DISBURSE FUNDS RELATED TO THE OPERATION OF THE SOUTHEAST TEXAS AUTO THEFT TASK FORCE. Council member Cokinos seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED Page 4 of 7 Minutes-April 19,2005 4. Consider approving a six(6)month contract for the purchase of asphaltic concrete- Resolution 05-095 Administration recommended award of a six(6)month contract to APAC-Texas, Inc. for purchasing asphaltic concrete at the unit costs stated belowwith an estimated total contract expenditure of$112,850. Cold laid asphaltic concrete is used for repairing potholes and small sections of streets,while hot laid asphaltic concrete is used for repairs to larger street sections. It is estimated that approximately 3,000 tons of asphaltic concrete will be used during the term of the contract. Funds are available for this expenditure in the Streets and Drainage Division's operating budget. Council member Smith made a motion to APPROVE RESOLUTION 05-095 THAT THE BID FOR A SIX (6) MONTH CONTRACT FOR THE PURCHASE OF ASPHALTIC CONCRETE WITH APAC-TEXAS,INC WITH AN ESTIMATED TOTAL CONTRACT EXPENDITURE OF$112,850 BE ACCEPTED. Councilmember Cokinos seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 5. Consider approving a requestto reallocate$10,000 from the 2004 Infrastructure line item to fund two additional 2005 Public Services line items - Resolution 05-096 During the April 12, 2005, City Council meeting, Mayor Pro Tern Ames and Councilmember Patterson requested staff to determine if there were unexpended funds available, from a prior year program, for Girls Haven and Lamar University Community Outreach to receive $5,000 each. It was determined that there was $10,000 available in the 2004 Infrastructure line item. Funds are available from the 2004 Infrastructure Line Item. Following discussion, Mayor Pro Tern Ames made a motion to APPROVE RESOLUTION 05-096 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO REALLOCATE/DESIGNATE$10,000 FROM THE 2004 INFRASTRUCTURE LINE ITEM TO FUND TWO ADDITIONAL 2005 PUBLIC SERVICES LINE ITEMS. GIRLS HAVEN AND LAMAR UNIVERSITY COMMUNITY OUTREACH WOULD EACH BE ALLOTTED$5,000. Councilmember Patterson seconded the motion. AYES: MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, PATTERSON Page 5 of 7 Minutes-April 19,2005 NAYS: MAYOR LORD, COUNCILMEMBERS BEAULIEU,AND SAMUEL MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER PATTERSON - COMMENDED JOHNNY BEATTY AND THE ENTIRE CDBG STAFF FOR THEIR HARD WORK; REMINDED ALL CITIZENS TO GET OUT AND VOTE COUNCILMEMBER SAMUEL- REQUESTED THAT CITY STAFF INVESTIGATE THE CORNER OF DELAWARE AND PINE STREET WHERE CONSTRUCTION HAS LEFT A HUGE PILE OF DIRT;WANTED TO KNOW WHY WE NO LONGER ALLOW OUR COMMUNITY RELATION POLICE OFFICERS TO ATTEND THE NEIGHBORHOOD ASSOCIATION OF THE COLLEGE STREET CORRIDOR AND THEY NO LONGER RECEIVE REPORT OF THE STATICS OF THE AREA MAYOR PRO TEM AMES - NONE COUNCILMEMBER COKINOS - NONE COUNCILMEMBER BEAULIEU - ANNOUNCED THAT PRESERVATION TEXAS HAS HONORED THE JEFFERSON THEATRE AS THE BEST RESTORATION PROJECT IN THE STATE AND THIS IS THE SECOND STATE WIDE HONOR RECEIVED;THANKED ALL THOSE WHO HELPED MAKE THIS POSSIBLE COUNCILMEMBER SMITH - NONE CITY MANAGER HAYES - NONE CITY ATTORNEY COOPER - NONE MAYOR LORD - REMINDED EVERYBODY THAT EARLY VOTING BEGINS WEDNESDAY, APRIL 20, 8:00 AM TO 5:00 PM, MONDAY THROUGH FRIDAY AND ENDS TUESDAY, MAY 3, 2005 Public Comments (Persons are limited to three minutes) Allen Lee 5095 Maddox Beaumont TX Spoke on various issues including curb and gutter problems of a nearby property owner,home and appraisal rates and alleged unfair treatment of Preston Thibodeaux Preston Thibodeaux 9095 Riggs Street Beaumont TX Feels he was unfairly treated by a police officer in a situation on March 23 Page 6 of 7 Minutes-April 19,2005 Delores Davis 2298 Blanchette Beaumont TX Took this opportunity to explain the situation on behalf of Mr. Thibodeaux Amy Guidroz 4720 Littlefield Beaumont TX Feels that it is important that each citizen needs to vote,the community should try and work together in the spirit of mutual respect and citizens should feel that needs are being addressed There being no Executive Session, Council adjourned at 2:30 p.m. Audio tapes are available upon request in the City Clerk's Office. Ima Evelyn M. o , Mayor . M- A S5o4S9 egy X W .v a Rose Ann Jones, T C v City Clerk ��� ;�� Page 7 of 7 Minutes-April 19,2005