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MIN JUL 12 2005 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith,Ward I GUY N. GOODSON, MAYOR Nancy Beaulieu,Ward II Andrew P. Cokinos,At-Large CITY COUNCIL MEETING Becky Ames,At-Large Audwin Samuel, Mayor Pro Tem,Ward III July 12,2005 Bobbie J. Patterson,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 July 12,2005, 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- 6/Consent Agenda Consent Agenda Mayor Pro Tem Samuel called the council meeting to order at 1:30 p.m. Reverend Terrence Holmes of St. John Missionary Church gave the invocation. Spindletop Sound Chorus sang"America the Beautiful"and led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Pro Tem Samuel,Councilmembers Smith, Beaulieu,Cokinos, Ames and Patterson (arrived late: 1:53p.m.); absent- Mayor Goodson. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions "Sweet Adelines International Week" - July 11 - 18, 2005 "Barbershop Music Appreciation Day" - July 13, 2005 - Combined proclamation read by Councilmember Ames; accepted by Carolyn Hudler and Pam Parish with Spindletop Sound Chorus, a local chapter of Sweet Adelines "Becky Ames Day" - June 30, 2005 - Recognition by Mayor Pro Tem Samuel to Councilmember Ames on receiving"A Woman with Heart"honorfor her community service from the Beaumont Chapter of the American Heart Association; Mayor Goodson also declared June 30, 2005 as "Becky Ames Day" Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda. None Minutes-July 12,2005 CONSENT AGENDA Approval of minutes - Minutes of June 28, 2005 Confirmation of committee appointments - None A) Approve a resolution accepting maintenance of the street,storm sewer,water and sanitary sewer improvements in Montclaire Subdivision, Phase Two - Resolution 05-149 B) Authorize the execution of a License to Encroach Agreement with Sigmor Corporation, through their agent ATC Associates,Inc.,forthe installation of two(2)groundwater monitoring wells near the intersection of Concord Road and Pope Street - Resolution No. 05-150 C) Authorize the acceptance of a ten foot(10')wide water line easement providing access for fire prevention services - Resolution 05-151 D) Approve the sale of City-Owned surplus property - Resolution 05-152 Councilmember Cokinos made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND AMES NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a resolution authorizing the City Managerto execute a contract for the 23�d Street Park Flow Force Main from Lafin Road to Hillebrandt Bayou - Phase II - Resolution 05-153 Administration recommended approval of a contract with Brystar Contracting, Inc., Beaumont,Texas, in the amount of$983,726.00 to install approximately 4,722 linear feet of 30-inch sanitary sewer force main,remove and replace approximately 85 linear feet of 54-inch concrete sanitary sewer pipe, and bore and case a total of 500 linear feet of 30-inch sanitary sewer force main under Hwy. 124, Lower Neches Valley Authority canal, and the Burlington Northern Santa Fe Railroad. The project limits extend from Lafin Road to Hillebrandt Bayou. In the early 1990's Phase I of this project rehabilitated and upgraded the 23rd Street sanitary sewer lift station and installed a 30-inch force main from the lift station to Hillebrandt Bayou. The lift station was designed to pump the sewer to Lafin Road. This project will extend the 30-inch force main from Hillebrandt Bayou to Lafin Road. Page 2 of 8 Minutes-July 12,2005 The primary goals of the project are to place the original design in operation, reduce sanitary sewer overflows, and provide customers with uninterrupted and adequate service. Funds for the project are available in the Capital Improvements Fund. Councilmember Smith moved to APPROVE RESOLUTION 05-153 THAT THE CITY MANAGER BE AUTHORIZED TO EXECUTE A CONTRACT TO BRYSTAR CONTRACTING INC. BEAUMONT,TEXAS, IN THE AMOUNT OF$983,726.00 FOR THE 23RD STREET PEAK FLOW FORCE MAIN FROM LAFIN ROAD TO HILLEBRANDT BAYOU - PHASE II. Councilmember Ames seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND AMES NAYS: NONE MOTION PASSED 2. Consider approving a resolution authorizing the City Managerto execute a contractfor the City of Beaumont Water Reclamation Plant Rock Trap Basin Improvements - Resolution 05-154 Administration recommended approval of a contractwith Allco, Inc.,Beaumont,Texas, in the amount of$498,433.00 to construct a cast-in-place reinforced concrete rocktrap basin box and related piping, install two (2)48-inch stainless steel slide gates, and restore the Water Reclamation Plant entrance. The deteriorated concrete sanitary sewer lines deposit rock aggregate in the collection system that ends up at the Water Reclamation Plant. The rock aggregate creates a continuous maintenance problem by damaging the screens and the pumps atthe head of the plant. The rock basin will intercept and capture the rock aggregate at the head of the plant to protect the equipment and reduce maintenance costs. Funds for the project are available in the Capital Improvements Fund. Councilmember Cokinos made a motion to APPROVE RESOLUTION 05-154 THAT THE CITY MANAGER BE AUTHORIZED TO EXECUTE A CONTRACT WITH ALLCO INC., BEAUMONT, TEXAS, IN THE AMOUNT OF $498,433.00 FOR THE CITY OF BEAUMONT WATER RECLAMATION PLANT ROCK TRAP BASIN IMPROVEMENTS. Councilmember Ames seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND AMES NAYS: NONE MOTION PASSED Page 3 of 8 Minutes-July 12,2005 3. Consider approving a resolution authorizing the City Manager to increase the Water Reclamation Plant Aeration Lagoon Improvements Project for "extra work: - Resolution 05-155 Administration recommended approval of increasing the Water Reclamation Plant Aeration Lagoon Improvements Project amount by$348,608.00 to change the pipe material from 72 inch CMP (aluminum)to rubber gasketed 72 inch RCP (reinforced concrete pipe),delete the aerators mooring system,slab, heaters and heating cables, delete the electric conduits from the control panel to each aerator,delete the electric manhole and replace with a junction box,and delete the asphalt coating forthe 72 inch CMP pipe. The Texas Commission on Environmental Quality issued a violation to the City during the 2004 yearly inspection of the Wastewater Treatment Plant regarding the operation of the aeration lagoons. The design engineer recommended the addition of a third aeration lagoon because itwill increase the plants holding capacity by fifty percent,will reduce the sanitary sewer overflows in the system during heavy rainfalls, and will provide the operational flexibility required to meet permit limits and the time needed to efficiently clean the sludge from the existing aeration lagoons by City forces. This change order will replace the 72 inch CMP pipe originally specified by the bid documents by a 72 inch RCP pipe to increase the life expectancy of the pipe by at least 40 years. The modifications to the aerators will reduce maintenance cost and facilitate the operation. Funds for the project are available in the Water Utilities Capital Improvements Fund. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 05-155 THAT THE CITY MANAGER BE AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1 IN THE AMOUNT OF $348,608 INCREASING THE CONTRACT AMOUNT TO$3,419,708. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND AMES NAYS: NONE MOTION PASSED 4. Consider approving a resolution authorizing the City Manager to increase the Delaware Extension Project amount for "extra work" - Resolution 05-156 Administration recommended approval of increasing the Delaware Extension Project amount by $74,622.00 to furnish and install 20 linear feet of 30-inch water line, 20 linearfeet of 20 inch water line, 54 linearfeet of 42 inch steel casing, 54 linearfeet of 36 inch steel casing, bore and jack 54 linear feet of 30 inch water line, bore and jack 54 linear feet of 20 inch water line, including all necessary appurtenances such as bends, boring and jacking, steel casing, valves, disinfecting, and testing. The extra work will bore under the phone cables that were discovered during construction at Page 4 of 8 Minutes-July 12,2005 Major Drive and were not identified by Southwestern Bell when locates were performed. The Delaware extension project includes the installation of a 20-inch and a 30-inch water line. The lines are a section of a future project(2007), and will supply water to the proposed 2 million gallons elevated storage tank on Dishman Road. The boring of the water lines across Major Drive should be a part of the Delaware extension project to eliminate any damage to the new Delaware street in the future and to loop the 20-inch water line that extends from Dowlen Road. The projected date for the completion of this project is the end of October, 2005. Funds for the project are available in the Water Utilities Capital Improvements Fund. Councilmember Cokinos made a motion to APPROVE RESOLUTION 05-156 THAT THE CITY MANAGER BE AUTHORIZED TO INCREASE THE DELAWARE EXTENSION PROJECT AMOUNT BY$74,622.00 FOR "EXTRA WORK." Councilmember Ames seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND AMES NAYS: NONE MOTION PASSED 5. Consider approving a one(1)year contract for the purchase of sand cement for use in the Public Works Department and the Water Department - Resolution 05- 157 Administration recommended award of a one (1)year contract for purchasing sand cementto Quality Concrete and Materials Co.with an estimated total expenditure for the contract period of$178,000. The contract specifies that the successful bidder shall provide approximately 12,000 tons of sand cement atfixed unit costs for use by the Public Works and Water Utilities Departments. The material is used in the maintenance of water lines and meter boxes, the installation of culverts, and to repair driveways. Funds are available for this expenditure in the Departments' respective operating budgets. Councilmember Smith made a motion to APPROVE RESOLUTION 05-157 FOR AN ESTIMATED COST OF$178,000 BY QUALITY CONCRETE AND MATERIALS CO.,BEAUMONT, TEXAS, FOR A ONE (1)YEAR CONTRACT FOR THE PURCHASE OF SAND CEMENT FOR USE BY THE PUBLIC WORKS AND WATER UTILITIES DEPARTMENTS BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Beaulieu seconded the motion. Page 5 of 8 Minutes-July 12,2005 AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND AMES NAYS: NONE MOTION PASSED 6. Consider authorizing the City Managerto execute an agreement with Jeffrey S.Ward and Associates, Inc.,to develop a Community Rating System Application to potentially reduce flood insurance rates for the citizens of Beaumont - Resolution 05-158 Administration recommended that City Council authorize the City Managerto execute an agreement with Jeffrey S. Ward and Associates, Inc., to develop a Community Rating System Application to reduce flood insurance rates for the citizens of Beaumont. The National Flood Insurance Program's(NFIP)Community Rating System(CRS)was implemented as a program for recognizing and encouraging community floodplan management activities that exceed the minimum NFIP standards. Under the CRS, flood insurance premium rates are adjusted to reflect the reduced risk resulting from community activities that meet the three goals of the CRS. The three goals are reducing flood losses,facilities accurate insurance rating and promote awareness of flood insurance. Any community that is in full compliance with the rules and regulations of the NFIP may apply for a CRS classification betterthan a class 10. The applicant community submits documentation that the community is doing activities recognized in the CRS. It will take two to three months to complete the application. It may take up to twelve months for FEMA to approve. The cost for the consultant to prepare and submit the application is $15,000. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 05-158 THATTHE CITY MANAGER BE AUTHORIZED TO EXECUTE AN AGREEMENT WITH JEFFREY S.WARD AND ASSOCIATES, INC.,TO DEVELOP A COMMUNITY RATING SYSTEM APPLICATION TO REDUCE FLOOD INSURANCE RATES FOR THE CITIZENS OF BEAUMONT IN THE AMOUNT OF$15,000. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND AMES NAYS: NONE MOTION PASSED Page 6 of 8 Minutes-July 12,2005 COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE COUNCILMEMBER BEAULIEU- SHARED COMMENTS FROMA NEIGHBORHOOD ASSOCIATION MEETING CONCERNING THE ONGOING INCREASE IN RAILROAD WHISTLE NOISES COUNCILMEMBER COKINOS - NONE COUNCILMEMBER AMES - NONE MAYOR PRO TEM SAMUEL- CONGRATULATIONS TO THE CHARLTON-POLLARD CLASS OF 1955 FOR THE 50 YEAR REUNION COUNCILMEMBER PATTERSON - NONE CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR GOODSON - ABSENT Public Comments (Persons are limited to three minutes) Jerry Griffin 1215 Longfellow Dr. #2 Beaumont TX Would like better traffic signal coordination between the lights at Central Drive and Gladys Frank Kiefer 3190 Willowood Beaumont TX Commended the Beaumont Police Department for the fine job they did in recapturing the escapees and for responding so promptlyto the Minglewood incident;feels that recognition should also be given to the citizens who helped detain the escapees Kenneth Edward Connor 9220 Brown Beaumont TX Voiced his concern with the C.O.P. program and his recent dismissal from the program Arthur DeMary 6155 Garner Road Beaumont TX Stated his complaints about the way the railroads block certain intersections and the noise level of the trains and the whistles Chuck Guillory 2945 Blanchette Beaumont TX Requested the City to increase the rate for current wrecker towing fees Page 7 of 8 Minutes-July 12,2005 Open session of meeting recessed at 2:05 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Antioch Missionary Baptist Church of Beaumont v The City of Beaumont, et al There being no action taken in Executive Session, Council adjourned. Audio tapes are available upon request in the City Clerk's Office. /Z�-, �&I Laz2 Audwin M. Samuel, Mayor Pro Tern ��UM�` ! arm X. LU « / Rose An Jones, T6MC City Clerk �444 ! ;UN� Page 8 of 8 Minutes-July 12,2005