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Home My WebLink AboutMIN APR 18 2006 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 April 18, 2006 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 April 18, 2006, 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 3-8/Consent Agenda Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Pastor Herbert McClaney of the New Birth Assembly of God Church gave the invocation. Councilmember Patterson led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Goodson, Mayor Pro Tem Samuel, Councilmembers Beaulieu and Patterson. Absent: Councilmembers Smith, Cokinos and Ames. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions "Fifty-Eighth Neches River Festival Week" - April 18-30, 2006 - Proclamation read by Mayor Pro Tern Samuel; accepted by Skylar Thompson (Parade will be held Saturday, April 22, 2006 at 10:00 a.m.) Public Comment: Persons may speak on scheduled agenda items 3-8/Consent Agenda. None CONSENT AGENDA Approval of minutes - Minutes of April 4, 2006 Confirmation of committee appointments - None A) Authorize the acceptance of a seventy foot (70') wide right of way easement from the Lower Neches Valley Authority [LNVA] for the salt water barrier access road - Resolution 06-101 Minutes-April 18,2006 B) Authorize the acceptance of a ten foot(10')wide water line easement providing access for fire prevention services - Resolution 06-102 C) Approve the sale of City-owned surplus property - Resolution 06-103 D) Approve an amendment to Resolution Number 05-268 for the purchase of additional records management operating software licenses for the Police Department- Resolution 06-104 E) Authorize the City Manager to execute a Release of Liability with the Corp of Engineers regarding the Hurricane Rita debris reduction sites in Beaumont - Resolution 06-105 F) Approve a request to deed surplus property to Habitat for Humanity for the development of affordable housing - Resolution 06-106 G) Authorize the City Manager to execute all documents necessary to accept the project titled "FY06 S.T.E.P. CIOT" (Click It or Ticket) - Resolution 06-107 Mayor Pro Tern Samuel made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS BEAULIEU AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a request for a specific use permit to allow a drinking place in a GC-MD(General Commercial-Multiple Family Dwelling)District at 1359 Magnolia. Administration recommended denial of a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 1359 Magnolia. Patrice Jackson is requesting a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District. The property is located at 1359 Magnolia. On the subject property sits a vacant building that was formerly used as a night club. Ms. Jackson states that the night club will be opened 7 days a week. Hours of operation will be 4 p.m. - 12 a.m., Sunday - Wednesday and 4 p.m. - 2 a.m., Thursday - Saturday. However, at the public hearing a number of persons, including the property owner immediately to the north and members of Macedonia Missionary Baptist Church, spoke in opposition to the night club. Page 2 of 9 Minutes-April 18,2006 At a Joint Public Hearing held March 20, 2006, the Planning Commission voted 7:0 to deny a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 1359 Magnolia. Mayor Pro Tem Samuel made a motion to DENY GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 1359 MAGNOLIA, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL COUNCILMEMBERS BEAULIEU AND PATTERSON NAYS: NONE MOTION PASSED 2. Consider approving a three (3) year financial advisory agreement with RBC Dain Rauscher Inc. d/b/a RBC Capital Markets - This item was tabled by Council. 3. Consider approving an annual contract for the purchase of passenger and light truck tires - Resolution 06-108 Administration recommended award of an annual contract to Gray's Wholesale Tire Distributors, Inc., for purchasing passenger and light truck tires at the unit costs as stated with an estimated total expenditure of $314,472.47. Bids were requested for an annual contract for passenger and light truck tires for use by the Fleet Management Division to maintain city-owned vehicles. All tires furnished under the contract are guaranteed against workmanship and material defects for the period regularly offered by the manufacturer for each particular tire. Replacement tires failing within the warranty period are furnished on a pro-rata basis, with the City paying only for the service obtained. Funds are available for this expenditure in the Fleet Management Division's operating budget. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 06-108 THAT THE BID SUBMITTED BY GRAY'S WHOLESALE TIRE DISTRIBUTORS, INC., FORT WORTH,TEXAS, FOR THE PURCHASE OF PASSENGER AND LIGHT TRUCK TIRES FOR USE BY THE FLEET MANAGEMENT DIVISION TO MAINTAIN CITY-OWNED VEHICLES FOR ATOTAL ESTIMATED COST OF$314,472.47 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS BEAULIEU AND PATTERSON NAYS: NONE Page 3 of 9 Minutes-April 18,2006 MOTION PASSED 4. Consider approving a bid for construction of a metal building at the Police Department training facility - Resolution 06-109 Administration recommended awarding a bid for furnishing all labor, supplies, materials and equipment for the construction of a 50' X 70' metal building at the Police Department training facility to Cleveco Construction of Lumberton, Texas in the total amount of$153,800. Bid specifications require the construction of one (1) 50' X 70' metal building to house an approximate 2,000 square foot live-fire modular training unit which will be assembled within this structure. The metal building will provide weather protection for the ballistic panel walls of the modular unit (particularly moisture), will allow varying light conditions for training sessions within the unit, and will provide ample space for staging officers prior to entering for training. The modular training unit will be purchased separately at a later date as construction progresses on this structure. The completion time is estimated to be 120 days, and work will commence in early May. Cleveco Construction is a City-certified minority business enterprise. Funds for this expenditure are available in the Confiscated Goods Fund. Mayor Pro Tern Samuel made a motion to APPROVE RESOLUTION 06-109 THAT THE BID SUBMITTED BY CLEVECO CONSTRUCTION, LUMBERTON, TEXAS, FOR FURNISHING ALL LABOR, SUPPLIES, MATERIALS AND EQUIPMENT FOR THE CONSTRUCTION OF A METAL BUILDING AT THE POLICE DEPARTMENT TRAINING FACILITY IN THE AMOUNT OF $153,800 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS BEAULIEU AND PATTERSON NAYS: NONE MOTION PASSED 5. Consider approving a resolution authorizing the City Manager to submit a grant application and, if approved, execute a contract with the Texas Department of Transportation (TxDOT) to receive federal funding under the Safe, Accountable, Flexible,and Efficient Transportation Equity Act:A Legacyfor Users(SAFETEA-LU) - Resolution 06-110 Administration recommended approval of a resolution authorizing the City Manager to submit a grant application and, if approved, execute a contract with the Texas Department of Transportation (TxDOT) to receive federal funding under the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The Transportation Enhancement Program is a statewide competitive program and is administered in accordance with applicable federal and state rules and Page 4 of 9 Minutes-April 18,2006 regulations. The funds provided by this program are on a cost reimbursement basis and not considered a grant. Projects undertaken with enhancement funds are eligible for reimbursement of up to 80% of allowed costs. The governmental entity (City) nominating a project is responsible for the remaining cost share, including all cost overruns. The two(2)proposed safety enhancement projects are the AmeliaNincent Sidewalk Project and the Regina-Howell Sidewalk Project. Each project will provide 4-foot wide sidewalks along roadways identified as safe routes to school, enhancing both driver and pedestrian safety. The estimated federal and local cost shares associated with each project is provided below: Name Length Federal Share City Share AmeliaNincent 12,100 feet $205,960 $51,490 Regina-Howell 8,750 feet 147,543 36,885 Total 20,850 feet g§.3151711 $88,375 The City of Beaumont will be responsible for 20% of the total costs, estimated at $88,375. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 06-110 THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO SUBMIT A GRANT APPLICATION TO THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) TO RECEIVE FEDERAL FUNDING UNDER THE SAFE,ACCOUNTABLE,FLEXIBLE,AND EFFICIENT TRANSPORTATION EQUITY ACT:A LEGACY FOR USERS(SAFETEA-LU)FOR THE AMELIANINCENT SIDEWALK PROJECTAND THE REGINA- HOWELL SIDEWALK PROJECT IN THE TOTAL PROJECT AMOUNT OF$441,878 WHICH WILL PROVIDE A 4-FOOT WIDE SIDEWALK ALONG ROADWAYS IDENTIFIED AS SAFE ROUTES TO SCHOOL, ENHANCING BOTH DRIVER AND PEDESTRIAN SAFETY. THE CITY OF BEAUMONT WILL BE RESPONSIBLE FOR 20%OF THE TOTAL PROJECT COSTS,ESTIMATED AT$88,375. ALSO THAT THE CITY MANAGER IS AUTHORIZED TO EXECUTE THE NECESSARY DOCUMENTS TO AUTHORIZE ACCEPTANCE,RECEIPT AND DISBURSEMENT OF GRANT FUNDS. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBER BEAULIEU NAYS: NONE ABSTAIN: COUNCILMEMBER PATTERSON MOTION PASSED 6. Consider approving a resolution authorizing the City Manager to accept a grant for the Bunn's Bluff Canal-Inner Levee Stabilization Project and to amend the grant to add a second phase to the project - Resolution 06-111 Page 5 of 9 Minutes-April 18,2006 Administration recommended approval of the grant for the Bunn's Bluff Canal-Inner Levee Stabilization Project in the approximate amount of$102,140.00. This project will stabilize approximately 800 linear feet of the Bunn's Bluff canal inner levees damaged by Hurricane Rita. The proposed project is sponsored by National Resource Conservation Service (NRCS). The sponsorship allows for a 100% funding by NRCS. An amendment to the grant will add a second phase to the project. The first phase is as depicted above. Phase two of the Bunn's Bluff Canal-Inner Levee Stabilization Project will allow for the stabilization of an additional 3,000 linear feet of canal inner levees. The amendment increases the amount of the grant by approximately $300,000.00. The sponsorship for phase two is a 75%/25% partnership with the City of Beaumont providing 25% (approximately $75,000.00) of the cost. The project will allow for the stabilization of all the damage caused by Hurricane Rita to the inner levees of the Bunn's Bluff canal. The 2.8 miles Bunn's Buff canal transfers waterfrom the City of Beaumont's primary surface water intake at Bunn's Bluff on Four Oaks Ranch Road, to Lawson's Pump Station. Additionally, the canal receives water from the Wiess Bluff Pump Station, the City of Beaumont's secondary surface water intake, during drought conditions and emergency situations such as petroleum spills, damage to the Bunn's Bluff intake, biological and chemical spills and any failure to the Saltwater Barrier that may prevent it from executing it's designed function. The proposed work is due to unforseen conditions resulting from Hurricane Rita. The changes will improve the future operations of the canal, increase the efficiency of the Water Treatment Plant, and help the City meet required State and Federal regulations. Funds for the project are available in the Capital Improvement Funds. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 06-111 THATTHE ACCEPTANCE OF THE GRANT IN THE APPROXIMATE AMOUNT OF$102,140 FOR THE FIRST PHASE OF THE BUNN'S BLUFF CANAL-LEVEE STABILIZATION PROJECT IS HEREBY RATIFIED. THE FIRST PHASE SPONSORED BY NATIONAL RESOURCE CONSERVATION SERVICE(NRCS) IS 100% FUNDING BY NRCS AND AN AMENDMENT TO THE GRANT IS HEREBY APPROVED INCREASING THE AMOUNT OF THE GRANT APPROXIMATELY $300,000 BY NRCS. THE SPONSORSHIP FOR PHASE TWO IS A 75%/25%PARTNERSHIP WITH THE CITY OF BEAUMONT PROVIDING 25%WHICH IS APPROXIMATELY$75,000 IN MATCHING FUNDS. THE PROJECT WILL ALLOW FOR THE STABILIZATION OF THE BUNN'S BLUFF CANAL LEVEE BANK. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS BEAULIEU AND PATTERSON NAYS: NONE MOTION PASSED 7. Consider approving a resolution authorizing the City Manager to increase the Bunn's Bluff Canal- Inner Levee Stabilization Project and to amend the grant to add a second phase to the project - Resolution 06-112 Page 6 of 9 Minutes-April 18,2006 Administration recommended approval of increasing the Bunn's Bluff Canal-Levee Improvement Project amount by$69,125.00 to stabilize approximately 3,000 linear feet of the inner levees damaged by Hurricane Rita. The total cost of this extra work is$276,500. National Resource Conservation Service (NRCS)will pay seventy-five percent of the change order for a total of $207,375. The proposed additions and modifications to the original contract documents and design are due to unforseen conditions resulting from Hurricane Rita. The changes will improve the future operation and increase the efficiency of the Water Treatment Plant, and will help the City meet required State and Federal regulations. Funds for the project are available in the Capital Improvement Funds. Councilmember Patterson made a motion to APPROVE RESOLUTION 06-112THATTHE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 3 IN THE AMOUNT OF$69,125 THEREBY REVISING THE CONTRACT AMOUNT TO BE$2,549,478. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS BEAULIEU AND PATTERSON NAYS: NONE MOTION PASSED WORKSESSION Decide the budget allocations for the Public Services, which includes the Emergency Shelter Set-Aside,and the Public Facilities and Improvements line items Workshop was opened at 1:20 p.m. Presentation was made by City Manager Hayes. Recommendations were discussed. This was the first time that two recommendations agreed. Public Comments: None Workshop was closed at 1:25 p.m. 8. Consider approving a resolution adopting the 2006 Consolidated Block Grant Program Action Plan - Resolution 06-113 Administration recommended that Council conduct a workshop to decide the budget allocations for the Public Services, which includes the Emergency Shelter Set- Aside, and the Public Facilities and Improvements line items and issue a resolution adopting the 2006 Action Plan. Page 7 of 9 Minutes-April 18,2006 As mandated by the United States Department of Housing and Urban Development, City Council has conducted such workshops in previous years prior to adopting the City's Final Annual Action Plan. Community Development Advisory Committee and Administration recommendations have been forwarded to Council for consideration. The 2006 federal allocation of$2,730,362 is comprised of$1,818,982 in Community Development Block Grant funds, $761,380 in HOME funds and an estimated $150,000 in Program Income. During the February 21, 2006 Council meeting, Council allocated $100,000 to the Public Services/Public Facilities and Improvements and $85,000 to the Public Services /Emergency Shelter Set-Aside line items. Council conducted a Public Hearing to receive public comments and listen to representatives of Public Service agencies who addressed the nature of their proposals on the Public Services and the Public Facilities & Improvements line items of the 2006 Annual Action Plan Budget, Tuesday, March 28, 2006. Council adopted the 2006 Preliminary Budget on Tuesday, February 21, 2006. Councilmember Patterson made a motion to APPROVE RESOLUTION 06-113 THAT THE CITY COUNCIL OF THE CITY OF BEAUMONT HEREBY ADOPTS THE 2006 CONSOLIDATED BLOCK GRANT PROGRAM ACTION PLAN, PUBLIC SERVICES/PUBLIC FACILITIES & IMPROVEMENTS/EMERGENCY SHELTER SET-ASIDE. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS BEAULIEU AND PATTERSON NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER BEAULIEU - NONE MAYOR PRO TEM SAMUEL - CONGRATULATED CITY MANAGER HAYES ON JOINING THE RANKS OF MATRIMONY COUNCILMEMBER PATTERSON - NONE CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR GOODSON - EXPRESSED HIS THANKS TO SENATOR KAY BAILEY HUTCHINSON FOR HER CONTINUED SUPPORT AND SEEKING OF FEDERAL FUNDS; SECRETARY OF HUD ALFONSO .JACKSON VISITED SE TEXAS FORA PERSONAL LOOK AT THE RECOVERY EFFORT AND TO ACCESS OUR NEEDS Page 8 of 9 Minutes-April 18,2006 Public Comments (Persons are limited to three minutes) Kerry Avie 3035 Elinor Beaumont TX Prayer for City Spoke on the need for citizens to be more active in their community and government Open session of meeting recessed at 2:30 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Shane Landry v City of Beaumont Brenda Batiste v. City of Beaumont, et There being no action taken in Executive Session, Council adjourned. Audio tap a available upon request in the City Clerk's Office. UMO/�'��1 Guy N. Goodson, Mayor U .. Rose Ann Jones, TRMC City Clerk Page 9 of 9 Minutes-April 18,2006