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HomeMy WebLinkAboutMIN SEPT 26 2006 M I N U T E S - CITY OF BEAUMONT Andrew P. Cokinos, At-Large GUY N. GOODSON, MAYOR Becky Ames,At-Large Lulu L. Smith, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Mayor Pro Tem,Ward II Audwin Samuel,Ward III September 26, 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 September 26, 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 8-18/Consent Agenda Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Pastor McLain of the West Tabernacle Missionary Church gave the invocation. Mayor Goodson 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 Beaulieu, Councilmembers Smith, Ames and Patterson. Absent: Councilmember Cokinos and Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions "Alzheimer's Awareness Week in Beaumont"-September 24-30, 2006-Proclamation read by Mayor Pro Tem Beaulieu; accepted by Debi Brozak Public Comment: Persons may speak on scheduled agenda items 8-18/Consent Agenda. None CONSENT AGENDA Approval of minutes - Minutes of September 19, 2006 Confirmation of committee appointments - Resolution 06-281 Sandy Pate would be appointed to the Community Development Advisory Committee. The term would commence September 26, 2006 and expire September 25, 2008. (Councilmember Lulu Smith) Minutes-September 26,2006 A) Approve a resolution to reimburse Kinder Morgan Texas Pipeline for the adjustment of their facilities on the Delaware Street Extension - Resolution 06-282 B) Authorize the City Manager to approve and execute a Memorandum of Understanding (MOU) between the Federal Bureau of Investigations (FBI) and the Police Department relating to use of the firearms training facility and funding to repair damage sustained during Hurricane Rita - Resolution 06-283 C) Authorize the City Manager to execute an agreement with SESAC for the payment of licensing fees - Resolution 06-284 D) Amend a funding agreement with Statewide Consolidated Community Development Corporation ("Statewide") to reflect Villa de Lucas as the recipient of HOME funds - Resolution 06-285 Councilmember Ames made a motion to approve the Consent Agenda. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District at 2645 Liberty - Ordinance 06-059 Administration recommended approval of a zone change from GC-MD (General Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District at 2645 Liberty. Sherman &Sherman, Inc. is requesting a zone change from GC-MD(General Commercial -Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District. The property is located at 2645 Liberty. The purpose of the zone change is to allow a residential structure to be moved to the lot and occupied as a single family residence. This property is located in the Oaks Historic District. In August, the Historic Landmark Commission approved the moving of this house to the subject property. At a Joint Public Hearing held September 18, 2006, the Planning Commission voted 7:0 to approve a zone change from GC-MD (General Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District at 2645 Liberty. Page 2 of 19 Minutes-September 26,2006 Councilmember Smith moved to ADOPT ORDINANCE 06-059 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OR ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED AT 2645 LIBERTY, BEAUMONT,JEFFERSON COUNTY,TEXAS,PROVIDING FORSEVERABILITY;PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES AND PATTERSON NAYS: NONE MOTION PASSED 2. Consider a request for a zone change from RS(Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a wholesale garden supply tree storage business in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property at the corner of Fannin and Edgemore. Administration recommended denial of a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a wholesale garden supply tree storage business in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property at the corner of Fannin and Edgemore. Helen Viator, the property owner, is requesting a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a wholesale garden supply tree storage business in a GC-MD-2 District. The property is located at the southeast corner of Fannin and Edgemore. Ms. Viator states that Robbie Tribble wishes to purchase the subject property from her so that he can expand his nursery business. Mr. Tribble currently operates a plant nursery on Sunnyside, north of Fannin. The subject property would be used to store trees. No buildings would be constructed on the property. The properties surrounding the subject property are residential or vacant. At a Joint Public Hearing held September 18, 2006, the Planning Commission voted 8:0 to deny a request for a zone change from RS District to GC-MD-2 District and a specific use permit to allow a wholesale garden supply tree storage business in a GC-MD-2 District on property at the corner of Fannin and Edgemore. Councilmember Ames made a motion to deny AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS; BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE Page 3 of 19 Minutes-September 26,2006 FAMILY DWELLING)DISTRICT TO GC-MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF FANNIN AND EDGEMORE, BEAUMONT,JEFFERSON COUNTY,TEXAS;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District and GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property in the 3600 block of Dowlen Road - Ordinance 06-060 Administration recommended approval of a zone change from RS (Residential Single Family Dwelling) District to GC-MD(General Commercial-Multiple Family Dwelling) District for the north 0.444 acres of property and from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District forthe south 0.202 acres of property in the 3600 block of Dowlen Road. Mark W. Whiteley & Associates is requesting a zone change to GC-MD (General Commercial-Multiple Family Dwelling) District for 0.646 acres of land in the proposed Metropolitan Park development on the old West End YMCA property. This zone change would allow the development of the subject property in accordance with the overall master plan. The zone change involves part of the condominium area. The split in the zoning will correspond with the zoning that has already been approved for the development. At a Joint Public Hearing held September 18, 2006, the Planning Commission voted 8:0 to approve a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District for the north 0.444 acres of property and from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for the south 0.202 acres of property in the 3600 block of Dowlen Road. Mayor Pro Tern Beaulieu made a motion to ADOPT ORDINANCE 06-060 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULARTHE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THEZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT TO GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR THE NORTH 0.444 ACRES AND CHANGING THE ZONING OF THE SOUTH 0.202 ACRES PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED IN THE 3600 BLOCK OF DOWLEN ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; Page 4 of 19 Minutes-September 26,2006 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider a request to amend a specific use permit to allow a pharmacy to operate 24 hours a day at 3890 Phelan. Administration recommended denial of a request for an amended specific use permit to allow a pharmacy to operate 24 hours a day at 3890 Phelan. Richard Bills has made application to amend a specific use permit that would allow the 24- hour operation of an existing pharmacy in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. The property is located at 3890 Phelan. In February, 2005, the City Council approved a zone change from NC (Neighborhood Commercial) District to GC-MD-2 and a specific use permit to allow a CVS Pharmacy on the subject property. Due to traffic concerns at the corners of 23rd and Calder and Phelan and concerns expressed by several residential property owners in Calder Place Addition on what effect a pharmacy might have on their neighborhood, the specific use was approved subject to several conditions, including hours of operation and delivery. The store hours are restricted to 7 a.m. - 10 p.m., seven days a week and delivery hours are not allowed between the hours of 7 a.m. - 9 a.m., 11 a.m. - 2 p.m. and 4 p.m. - 6 p.m. Richard Bills is requesting that the specific use permit be amended to allow 24-hour operation. He states that CVS would like to operate the store 24 hours a day to better serve the public. No other changes are being requested. Councilmember Ames made a motion to deny AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 05-018 APPROVING A SPECIFIC USE PERMIT TO ALLOW A PHARMACY LOCATED AT 3890 PHELAN TO ALLOW THE PHARMACY TO OPERATE 24-HOURS PER DAY, SEVEN DAYS PER WEEK. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES AND PATTERSON NAYS: NONE MOTION PASSED 5. Consider a request for a specific use permit to allow a recreational vehicle park in an LI (Light Industrial) District at 6800 S. Major. Council agreed to defer this item for one week. Page 5 of 19 Minutes-September 26,2006 6. Consider a request for an amended specific use permit to allow the expansion of an existing washateria in an RCR (Residential Conservation and Revitalization) District at 4639 Highland Avenue - Ordinance 06-061 Administration recommended approval of an amended specific use permit to allow the expansion of an existing washateria in an RCR (Residential Conservation and Revitalization) District at 4639 Highland Avenue. Johnny Huynh is applying for an amended specific use permit to allow the expansion of an existing washateria at 4639 Highland. In January, 2005, the City Council approved a specific use permit to allow the operation of an 1,870 sq. ft. washateria and related parking. This specific use permit was approved with a modification to the landscaping requirements. The proposed amendment will include an additional 780 sq. ft. of space added to the rear of the washateria, the demolition of an existing 2 story garage apartment and an additional 5 parking spaces. At a Joint Public Hearing held September 18, 2006, the Planning Commission voted 8:0 to approve an amended specific use permit to allow the expansion of an existing washateria in an RCR (Residential Conservation and Revitalization) District at 4639 Highland Avenue. Councilmember Smith made a motion to ADOPT ORDINANCE 06-061 ENTITLED AN ORDINANCE AMENDING ORDINANCE NO.05-004 GRANTING A SPECIFIC USE PERMIT TO ALLOW A LAUNDROMAT IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 4639 HIGHLAND, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, TO ALLOW AN ADDITIONAL 780 SQ. FT. [1,870 SO. FT.TOTAL]OF SPACE TO BE ADDED TO THE REAR OF THE LAUNDROMAT, DEMOLITION OF AN EXISTING 2-STORY GARAGE APARTMENT AND AN ADDITIONAL FIVE(5)PARKING SPACES. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES AND PATTERSON NAYS: NONE MOTION PASSED 7. Consider a request to amend the Zoning Ordinance, Section 30-24 (B), Permitted Use Table,to temporarily require a specific use permit for all uses in the CBD(Central Business District) - Ordinance 06-062 Administration recommended approval of a request to amend the Zoning Ordinance, Section 30-24 (B), Permitted Use Table, to temporarily require a specific use permit for all uses in the CBD (Central Business District). The City of Beaumont is beginning the process of formulating a Downtown Plan for the Central Business District. For the purposes of this plan, the boundaries of the planning area are IH-10 on the north, the Neches River on the east, Blanchette on the south, M.L. King, Jr. Parkway on the west, Calder on the north and Magnolia on the west. Page 6 of 19 Minutes-September 26,2006 Due to a concern that incompatible land uses might be introduced to the Central Business District before the plan and any resulting Zoning Ordinance amendments are completed and adopted, staff is recommending that Section 30-24 (B), the Permitted Use Table, be amended to require a specific use permit for all uses in the CBD (Central Business District) zoning district. At a Joint Public Hearing held September 18, 2006, the Planning Commission voted 7:0 to approve a request to amend the Zoning Ordinance, Section 30-24 (B), Permitted Use Table, to temporarily require a specific use permit for all uses in the CBD(Central Business District). Councilmember Smith made a motion to ADOPTORDINANCE 06-062 ENTITLEDAN ORDINANCE AMENDING CHAPTER 30,ARTICLE VI,SECTION 30-24(B),PERMITTED USE TABLE,OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO REQUIRE A SPECIFIC USE PERMIT FOR ALL USES IN THE CBD (CENTRAL BUSINESS DISTRICT ; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES AND PATTERSON NAYS: NONE MOTION PASSED 8. Consider a request to abandon the 20' alley in Block 12, McFaddin 2nd Addition between 2nd and 3rd streets - Ordinance 06-063 The Administration recommended approval of the requestto abandon the 20'alley in Block 12, McFaddin 2"d Addition between 2nd and 3rd streets subject to retaining a 20' wide general utility easement. George and Sandra Bullington, Gilbert Adams and St. Giles Living Centers, Inc. are requesting the abandonment of the 20' wide alley in Block 12, McFaddin 2nd Addition. All but two property owners within this block would like the alley abandoned. The applicants state that over the past few years, there has been an increase in the number of vagrants and street people wandering through the alley. There have been several instances of graffiti and broken windows. Over the past year, adjacent property owners are now having extensive vandalism to vehicles along with theft from properties and vehicles. At a Regular Meeting held September 18, 2006, the Planning Commission voted 7:0:1 to approve a request to abandon the 20' alley in Block 12, McFaddin 2nd Addition between 2nd and 3rd streets subject to retaining a 20' wide general utility easement. Councilmember Ames made a motion to ADOPT ORDINANCE 06-063 ENTITLED AN ORDINANCE ABANDONING A 20' ALLEY IN BLOCK 12, MCFADDIN 2ND ADDITION BETWEEN 2ND AND 3RD STREETS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Beaulieu seconded the motion. Page 7 of 19 Minutes-September 26,2006 AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES AND PATTERSON NAYS: NONE MOTION PASSED 9. Administration recommended approval of a resolution concerning the issuance of Certificates of Obligation or other tax exempt obligations to finance street and drainage improvements, building renovations, equipment and other capital improvements and provide for the reimbursement of costs incurred prior to issuance - Resolution 06-286 A maximum of $35 million in Certificates of Obligation is expected to be issued in November or December, 2006 to fund various public works and general improvements projects. It is necessary to incur some of the costs associated with these projects prior to the issuance of the obligations. It is the intent of the City to reimburse itself out of the proceeds of the obligations for all such costs which are paid prior to issuance. These costs shall include fees paid for engineering and other professional services, acquisition costs associated with obtaining materials and property, and construction and development costs on upcoming projects such as downtown improvements on Willow and Park, detention facility, hike & bike trail, and installation of illuminated street markers. All debt and related expenses shall be incurred by the Debt Service Fund which is supported by property taxes. Mayor Pro Tern Beaulieu made a motion to APPROVE RESOLUTION 06-286 CONCERNING ISSUANCE OF CERTIFICATES OF OBLIGATION OR OTHER TAX EXEMPT OBLIGATIONS TO FINANCE BUILDING RENOVATIONS, EQUIPMENT AND OTHER CAPITAL PROJECTS. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES AND PATTERSON NAYS: NONE MOTION PASSED 10. Consider approving a one year contract with McGriff, Seibels & Williams of Texas, Inc. for Employee Benefits Broker/Consulting services - Resolution 06-287 Administration recommended council award to McGriff, Seibels & Williams of Texas, Inc. a one year contract with an optional annual renewal not to exceed two additional years. The annual fee quoted is effective October 1, 2006 and the extension of the contract will be on a year-to-year basis to a maximum of three years if it is determined to be in the best interest of the City. The Employee Benefits Division of the Finance Department sought proposals from qualified licensed brokers/consultants to provide employee planning, consulting and Page 8 of 19 Minutes-September 26,2006 brokerage services in the areas of plan design, administration of contracts, plan renewal and the overall maintenance and administration of the City's medical, dental, life and accidental death and dismemberment, supplemental life insurance, long-term disability, employee assistance program,flexible benefit plans along with other agreed upon projects. In July 2006, City staff requested proposals to provide the City with Employee Benefits Broker/Consulting services. The City received seven proposals which ranged from annual costs of $40,000 to $165,000. City staff recommends awarding the contract to McGriff, Seibels & Williams of Texas, Inc. because of their wide range of health and welfare brokerage and consulting services offered. Appropriation of funds is available in the Employee Benefits Fund. Councilmember Smith made a motion to APPROVE RESOLUTION 06-287 THAT THE BID SUBMITTED BY MCGRIFF, SEIBELS & WILLIAMS OF TEXAS, INC. FOR A ONE YEAR CONTRACT, EFFECTIVE OCTOBER 1, 2006, WITH AN OPTIONAL ANNUAL RENEWAL NOT TO EXCEED TWO ADDITIONAL YEARS FOR EMPLOYEE BENEFITS BROKER/CONSULTING SERVICES IN THE ANNUAL AMOUNT OF $40,000 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES AND PATTERSON NAYS: NONE MOTION PASSED 11. Consider approving the purchase of one (1) compactor for use at the landfill - Resolution 06-288 Administration recommended the purchase of one (1) compactor from Mustang Tractor and Equipment Company of Beaumont in the amount of $532,719 for the Public Works Department, Solid Waste Landfill Division. The purchase will be made through the Texas Association of School Boards (TASB) Buyboard cooperative purchasing program. The Texas Local Government Purchasing Cooperative, administered by TASB, complies with all state bidding statutes. Membership with Buyboard allows municipalities to purchase items from their contracted vendors. Two (2) compactors are normally available for service at the landfill and are utilized to compact refuse in order to maximize available landfill space. A compactor will reduce waste at the approximate rate of 3 to 1; i.e., 3 cubic yards of refuse compacts to approximately 1 cubic yard of landfill space. At present, both compactors are out of service; one (1), a 2002 Caterpillar,was destroyed by fire while in service August 25, 2006, and the other is being equipped with a new engine. The new compactor will replace the burned unit, and the existing unit will serve as backup. Compaction is currently being performed by use of dozers, which do not perform the task adequately. The wheels and blade from the destroyed unit remain in good working order and will be installed by the vendor onto the new compactor; resulting in savings of approximately $120,000. The compactor will be delivered within 15-20 weeks. Page 9 of 19 Minutes-September 26,2006 Funding for the expenditure will be provided through a lease purchase agreement. An amendment to the FY2007 budget will be necessary to appropriate funds for purchase of this compactor by lease. Because the previous compactor was destroyed after the budget was submitted, this expenditure was not anticipated in the FY2007 budget. Mayor Pro Tern Beaulieu made a motion to APPROVE RESOLUTION 06-288 THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF ONE(1)COMPACTOR FOR USE AT THE LANDFILL, PUBLIC WORKS DEPARTMENT, SOLID WASTE LANDFILL DIVISION, IN THE AMOUNT OF $532,719 FROM MUSTANG TRACTOR AND EQUIPMENT COMPANY, BEAUMONT, TEXAS, A CONTRACTED VENDOR OF THE TEXAS ASSOCIATION OF SCHOOL BOARDS (TASB) BUYBOARD COOPERATIVE PURCHASING PROGRAM. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES AND PATTERSON NAYS: NONE MOTION PASSED 12. Consider approving the purchase of one (1) hazardous materials response unit for use by the Fire Department - Resolution 06-289 Administration recommended the purchase of one (1) hazardous materials (haz-mat) response unit from Dooley Tackaberry, Inc., through the Houston-Galveston Area Council (H-GAC)cooperative purchasing program. The total cost of the unit is$399,547, including an H-GAC administrative fee of $2,000. The haz-mat unit will provide a comprehensive tactical vehicle for Beaumont Fire Department personnel responding to situations involving hazardous or unknown substances. Upon response to an incident scene, the haz-mat team's responsibility is to identify the suspect substance, assess the human and environmental risk, react with emergency containment measures when necessary,decontaminate any persons exposed to hazardous materials, and arrange for their transport to an appropriate treatment facility. The truck will contain a work center located in the rear of the cab which will house a permanent work desk, communication equipment, haz-mat reference materials, and sufficient twelve (12) volt power connections to operate laptop computers and other necessary electrical devices. This unit will replace a 1985 step van which is currently used to transport the haz-mat team and associated equipment. Much of the response equipment is currently stored on a trailer, which must be towed by a separate vehicle to the site. This unit will centralize the City's haz-mat response assets in a single vehicle. The trailer will be ordered from H-GAC's contracted vendor, Dooley Tackaberry, Inc. of Beaumont. Delivery time is estimated to be approximately nine (9) months. Funding will be provided by a 2005 State Homeland Security Program (SHSP) grant. The grant requires no matching funds. Page 10 of 19 Minutes-September 26,2006 Councilmember Smith made a motion to APPROVE RESOLUTION 06-289 THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF ONE (1) HAZARDOUS MATERIALS (HAZMAT) RESPONSE UNIT FROM DOOLEY TACKABERRY, INC. THROUGH THE HOUSTON-GALVESTON AREA COUNCIL (H-GAC) COOPERATIVE PURCHASING PROGRAM IN THE AMOUNT OF $399,547. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES AND PATTERSON NAYS: NONE MOTION PASSED 13. Consider authorizing the City Manager to increase the Proposed 2 MG Elevated Water Tank at Dishman Road Project amount for "extra work" - Resolution 06-290 Administration recommended approval of increasing the Proposed 2 MG Elevated Water Tank at Dishman Road Project amount by $114,489.00. The proposed changes will reduce the size of the overflow line from 24 inches to 16 inches, reduce the size of the drain line from 24 inches to 12 inches and reduce the size of the access tube from 6 feet to 5 feet. The proposed change order will increase the total contract amount by 3.96%. The soil testing conducted prior to construction reflected a weaker soil than the test performed during the design phase. Based on this information,the engineer recommended an increase in the number of pilings and their depth. Funds for the project are available in the Capital Program. Councilmember Patterson made a motion to APPROVE RESOLUTION 06-290 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO.1 INCREASING THE CONTRACT AMOUNT BY $114,489 FOR A TOTAL AMOUNT OF $2,892,489 FOR PROPOSED 2 MG ELEVATED WATER TANKATTHE DISHMAN ROAD PROJECT. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES AND PATTERSON NAYS: NONE MOTION PASSED 14. Consider approving an ordinance allowing for an additional six (6) months for the parking, use and occupancy of recreational vehicles and travel trailers on residential property as temporary living quarters by property owners while the damage to these properties caused by Hurricane Rita is being repaired - Ordinance 06-064 The Administration recommended approval of an ordinance allowing for an additional six (6) months for the parking, use and occupancy of recreational vehicles and travel trailers Page 11 of 19 Minutes-September 26,2006 on residential property as temporary living quarters by property owners while the damage to these properties caused by Hurricane Rita is being repaired. Due to extensive property damage caused by Hurricane Rita, on October 11, 2005, City Council approved Ord. No. 05-078 which allows residents to park, use and occupy recreational vehicles and travel trailers on their properties while repairs to their homes are being made. This ordinance specified a time frame of six (6) months. On April 4, 2006, the City Council approved Ord. No. 06-021, granting a six(6) month extension. However, due to many unresolved issues, there are still a large number of individual property owners who are unable to get back in their homes. Allowing the continued use of recreational vehicles and travel trailers as living quarters for an additional six(6) months would benefit those whose homes are still under construction. It would be in the best interest of these residents to allow them to remain close to their properties during this time of repair. It not only allows them to protect their property by being there, but also allows them to remain in the City of Beaumont while their properties are being repaired. At a Public Hearing held on October 11, 2005, the City Council approved Ord. No. 05-078 allowing for a period of six (6) months the parking, use and occupancy of recreational vehicles and travel trailers on residential property as temporary living quarters by property owners while the damage to these properties caused by Hurricane Rita is being repaired. By approving Ord. No. 06-021 on April 4, 2006, the City Council extended this time period for six months. Councilmember Ames made a motion to ADOPT ORDINANCE 06-064ENTITLEDAN ORDINANCE EXTENDING FOR A PERIOD OF SIX (6) MONTHS THE PARKING, USE AND OCCUPANCY OF RECREATIONAL VEHICLES OR TRAVEL TRAILERS AS TEMPORARY LIVING QUARTERS ON RESIDENTIAL PROPERTY DURING THE PERIOD OF REPAIR OR RECONSTRUCTION OF DAMAGE TO PROPERTY CAUSED BY HURRICANE RITA; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES AND PATTERSON NAYS: NONE MOTION PASSED 15. Consider approving a contract for debris removal associated with a hurricane or other natural disaster- Resolution 06-291 Administration recommended award of contracts for disaster debris removal services to Crowder-Gulf Disaster Debris Management of Theodore,Alabama,AshBritt Environmental of Pompano Beach, Florida and DRC Emergency Services of Mobile, Alabama. Eight (8) proposals were received on Thursday, August 2, 2006 for furnishing all labor, materials and equipment for debris removal in the event of a disaster. Bid specifications, prepared by Beck Disaster Recovery, Inc.(Beck), included disaster debris removal, Page 12 of 19 Minutes-September 26,2006 reduction, disposal, and other emergency clean-up activities associated with a hurricane or other natural disaster. Specifications allowed the contract to be awarded to one or more vendors as determined by the City. The three (3) year contract includes an option to renew for two one year terms with increases based on the Houston-Galveston-Brazoria Consumer Price Index. Rates were based on quantities of materials removed after Hurricane Rita. Total projected cost based on estimated quantities ranged from $39,696,500 to $64,000,000. All of the companies submitting proposals had considerable experience in disaster recovery. It was determined that the company offering the best value to the City was Crowder-Gulf Disaster Debris Management of Theodore, Alabama. They have extensive background in disaster debris management and the financial resources to insure that equipment and sub-contractors will be available to the City in the event of a disaster. Crowder-Gulf is recommended as the City's primary contractor. Secondary contracts with AshBritt Environmental of Pompano Beach, Florida and DRC Emergency Services of Mobile, Alabama are recommended should there be unforseen circumstances that would prevent Crowder-Gulf from performing the needed disaster management services. They too have the financial resources and background to provide the services as required. A pre-positioned disaster debris removal contract provides the City with the resources needed in the event of a disaster. Additionally, the City remains in control of the debris removal project and the pre-positioned contract with competitively bid rates meets the Federal Emergency Management Agency's criteria for reimbursement. There is no cost to the City until the contract is activated in the event of a disaster. Mayor Pro Tern Beaulieu made a motion to APPROVE RESOLUTION 06-291 THAT THE BID SUBMITTED BY CROWDER-GULF DISASTER DEBRIS MANAGEMENT,THEODORE,ALABAMA SHOULD BE ACCEPTED AS THE PRIMARY CONTRACTOR; AND THE BIDS SUBMITTED BY ASHBRITT ENVIRONMENTAL,POMPANO BEACH,FLORIDAAND DRC EMERGENCY SERVICES,MOBILE,ALABAMA, BE ACCEPTED AS SECONDARY CONTRACTORS, IN THE TOTAL COSTS BASED ON ESTIMATED QUANTITIES FOR A THREE (3) YEAR CONTRACT WITH AN OPTION TO RENEW FOR TWO ONE-YEAR TERMS WITH INCREASES BASED ON THE HOUSTON-GALVESTON-BRAZORIA CON SUMER PRICE INDEX BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES AND PATTERSON NAYS: NONE MOTION PASSED Page 13 of 19 Minutes-September 26,2006 16. Consider approving a contract for a security system at Lawson's Pump Station - Resolution 06-292 Administration recommended approval of a contract with B.L. Technology of Houston, Texas in the amount of$82,631.90 for the construction of Lawson's Intrusion Monitoring System. The project will install a fence disturbance system, close circuit dome television cameras, digital recorder, electrical wiring and appurtenances, door sensors for the electrical and generator buildings and wireless radios. The MBE goal will be met at 100% as B.L. Technology is a certified MBE firm. Lawson's Pump Station was rehabilitated in 2002 and is an unmanned remote site. The Vulnerability Assessment Study of the water distribution system identified Lawson's Pump Station as the second most critical asset to the Water Department. The proposed additions will provide security and a first line of defense to the site against any possible attacks. Funds for the project are available in the Water Utilities Non-Operational Budget. Mayor Pro Tern Beaulieu made a motion to APPROVE RESOLUTION 06-292 THAT THE BID SUBMITTED BY B.L.TECHNOLOGY,HOUSTON,TEXAS,FOR A CONTRACT TO INSTALL AN INTRUSION MONITORING SYSTEM AT THE LAWSON'S PUMP STATION IN THE AMOUNT OF $82,631.90 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES AND PATTERSON NAYS: NONE MOTION PASSED 17. Consider approving the purchase of remote visual inspection equipment for use by the Police Department - Resolution 06-293 Administration recommended the purchase of a VideoProbe XL PRO remote visual inspection system from GE Inspection Technologies of Flanders, NJ in the amount of $33,465. Purchase of the remote visual inspection system will allow the Police Department a tactical advantage in a variety of situations such as detecting explosives in enclosed spaces, searching for suspects in confined spaces, or conducting covert surveillance activities. The equipment is being purchased in conjunction with othertactical law enforcement equipment to facilitate an initiative by the U.S. Department of Homeland Security to protect and secure critical infrastructure and key resource sites across the country. Funding for this expenditure will be provided by the Buffer Zone Protection Plan Program (BZPP) grant through the U.S. Department of Homeland Security Office of Domestic Preparedness in the amount of $27,800 which requires no matching funds. Funding for the balance of the purchase will be provided by the Confiscated Goods Fund in the amount of$5,665. Page 14 of 19 Minutes-September 26,2006 Councilmember Smith made a motion to APPROVE RESOLUTION 06-293 THAT THE BID SUBMITTED BY GE INSPECTION TECHNOLOGIES,FLANDERS, NEW JERSEY,FOR THE PURCHASE OF A VIDEOPROBE XL PRO REMOTE VISUAL INSPECTION SYSTEM FOR THE POLICE DEPARTMENT IN THE AMOUNT OF $33,465 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES AND PATTERSON NAYS: NONE MOTION PASSED 18. Consider approving the renewal of an annual maintenance agreement for HTE, Inc. Software support to be used by various City Departments - Resolution 06-294 Administration recommended payment for an invoice to HTE, Inc. for the renewal of an annual maintenance agreement for software support in the amount of $90,845. HTE, Inc. software is used by various City departments. The software maintenance agreement provides for unlimited telephone support and up to three (3) software updates during the annual term. Last year the same number of applications was maintained at a cost of $84,980. The increase this year is due to slight increases in maintenance costs from HTE, Inc. for all applications. Funding is budgeted for fiscal year 2007 as follows: General Fund $58,935 Municipal Court Technology Fund 21,140 Water Fund 10,770 TOTAL: $90,845 Mayor Pro Tern Beaulieu made a motion to APPROVE RESOLUTION 06-294 THAT THE CITY COUNCIL HEREBY APPROVES PAYMENT OF AN INVOICE IN THE AMOUNT OF $90,845 TO HTE, INC. FOR RENEWAL OF AN ANNUAL MAINTENANCE AGREEMENT BEGINNING OCTOBER 1, 2006 FOR SOFTWARE SUPPORT. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES AND PATTERSON NAYS: NONE MOTION PASSED Page 15 of 19 Minutes-September 26,2006 19. PUBLIC HEARING: Dangerous Structures PUBLIC HEARING: Dilapidated Structures Public Hearing convened at 2:25 p.m. Public comments were made by the following people who personally appeared and requested additional time to make repairs to their property. Rev. J. D. Gregory 3411 Glenwood Beaumont TX [comments were not related to this subject; see comments at end under Public Comments] John W. Joseph 1 5675 Downs Street Beaumont TX #99 - Re: 3025 Washington Blvd. (Commercial) Emma Kyles 3675 Blossom Drive Beaumont TX #49 - Re: 1805 Glasshouse James Nevill 2648 Forrest Beaumont TX #43 - Re: 540 Fletcher Pat Randall 575S. 4th Street Beaumont TX #44 - Re: 575 S. 4th Street (Commercial); On behalf of The Church of the Living God in Christ Horace Terry 4865 Bolivar Beaumont TX #73 - Re: 3464 Magnolia Will Tinkle 390 Langham Road Beaumont TX #23 - Re: 5195 Concord Road (Car Wash) Doyle Turner 355 N. 1St Beaumont TX #53 - Re: 2395 Grand/915 Live Oak #69 - Re: 980 Live Oak (Commercial) Michael Vaughn 1045 Bowie Street Beaumont TX #9 - Re: 1065 Bowie Ella Guidry 1750 Trinidad Beaumont TX #74 - Re: 280 Manning Robert Verde 7957 Tom Drive Beaumont TX #18 - Re: 2949 College Rev. Tommie G. Williams 1175 Isla Beaumont TX #62 - Re: 1175 Isla (Commercial/Church) Page 16 of 19 Minutes-September 26,2006 James Garcia 330 Threadneedle St. Beaumont TX #77 - Re: 520 Orange (Commercial) Adris Chaudhry 8095 Eastex Fwy Beaumont TX #35 - Re: 8095 Eastex Freeway Jane Langham 11025 Tanglehead Ct. Houston TX #16 - Re: 320 College (Commercial) #17 - Re: 330 College (Commercial Garage) Fran M. Clark 4020 Stillton Beaumont TX #91 - Re: 4020 Steelton Arthur Berry 14 Dowlen Place Beaumont TX #25 - Re: 805 Crockett (Commercial) #26 - Re: 855 Crockett (Commercial) Anna Herring 965 Peach Beaumont TX #80 - Re: 965 Peach Street Public hearing concluded at 3:40 p.m. Consider approval of an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program - Ordinance 06-065 Administration recommended City Council condemn these one hundred (100) structures and order the owner to raze within the (10) days. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan has to be established prior to the enrollment in the work program. Enrollment in the work program shall occur within ten day after the effective date of this ordinance. It has been determined that these structures meet the definition of a dangerous structure and have deteriorated to a condition that they are no longer considered suitable for repair. City may incur the cost of demolition. Mayor Pro Tern Beaulieu made a motion to ADOPT ORDINANCE 06-065 ENTITLE AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES AND PATTERSON NAYS: NONE Page 17 of 19 Minutes-September 26,2006 MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER PATTERSON- ATTENDED THE VOTEXAS PROGRAM; ENCOURAGED EVERYBODY TO VOTE; GOOD EXPERIENCE FOR THE YOUTH AND GOVERNMENT STUDENTS FROM THE L.L. MELTON TEXAS YMCA YOUTH AND GOVERNMENT PROGRAM COUNCILMEMBER AMES - NONE MAYOR PRO TEM BEAULIEU - ATTENDED THE DEDICATION CEREMONY OF THE STATE HISTORICAL MARKER FOR J. P. RICHARDSON "BIG BOPPER"; ENCOURAGED EVERYBODY TO VISIT THE SITE AT THE CEMETERY JUST OFF OF PINE COUNCILMEMBER SMITH- NONE CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR GOODSON - JOINED WITH BOBBI [PATTERSON] FOR THE VOTEXAS PROGRAM ALONG WITH THE SECRETARY OF STATE TO HELP MAKE VOTERS MORE EDUCATED WITH THE NEW PAPERLESS VOTING MACHINES;ATTENDED THE 101ST BIRTHDAY PARTY FOR ERMA DARLINGTON; THANKED TO SOME OF OUR FRIENDS TO THE EAST IN LOUISIANA FOR PUTTING TOGETHER A RECOVERY RITA PROGRAM OVER THE WEEKEND ENDING WITH AN INTERFAITH SERVICE AT FORD PARK; HAPPY TO BE WHERE WE ALL ARE TODAY AND HAPPY THAT THERE WAS NO LOSS OF LIFE; ONCE AGAIN THANKED ALL THOSE IN FIRE, POLICE, EMS, PUBLIC WORKS, STREETS&DRAINAGE AND ALL OTHER DEPARTMENTS WHO STAYED AND HELPED US TO GET WHERE WE ARE TODAY Public Comments (Persons are limited to three minutes) Rev. J. D. Gregory 3411 Glenwood Beaumont TX [made these comments at the beginning of the public hearing listed above] Would like to see the police have additional help Page 18 of 19 Minutes-September 26,2006 Leroy Lewis 8550 Baker Street Beaumont TX Ideas for City Council: thanked the City for recently demolishing the old building near Magnolia Park; thanked the citizens of Beaumont and employees of the City; would like to see more sidewalks and better city streets; would like to see BISD have their own police department like Lamar does; would like to see more activities for the youth in the Civic Center Ray Winfield 2355 Clearview Street Beaumont TX Concerned about a bill received for cutting grass on his property after he had already cut it himself Open session of meeting recessed at 4:05 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: City Magistrates There being no action taken in Executive Session, Council adjourned. Audio tape re available upon request in the City Clerk's Office. Guy N. Goodson, Mayor 111 Ill 4 I Rose Ann Jones, T / C � City Clerk ,�Ij 1 1i1 �r W Page 19 of 19 Minutes-September 26,2006