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HomeMy WebLinkAboutMIN OCT 10 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 October 10, 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 October 10, 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 1, 3-7/Consent Agenda Consent Agenda Mayor Goodson 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 Goodson, Mayor Pro Tern Beaulieu, Councilmembers Smith (arrived at 1:34 p.m.), Samuel and Patterson. Absent: Councilmembers Cokinos and Ames. Also presentwere Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions Presentation by Magnolia Garden Club- Linda Bullard and Becky Stedman presented a power point presentation on Hurricane Rita restoration. The Magnolia Garden Club with Temple Island will be donating 200 trees to the City of Beaumont "Breast Cancer Awareness Month and Mammography Day in Beaumont"- Month of October 2006 and October 20, 2006 - Proclamation read by Councilmember Patterson; accepted by Marty Craig and Regina Rogers of the Julie Rogers "Gift of Life" program "National Arts and Humanities Month in Beaumont" - October 2006 - Proclamation read by Mayor Pro Tern Beaulieu; accepted by Kim Moncla, Executive Director, Southeast Texas Arts Council "YMBL South Texas Fair Days in Beaumont" - October 12 - 22, 2006 - Proclamation read by Mayor Goodson; accepted by Mike Amy, 2006 South Texas State Fair Chairman Public Comment: Persons may speak on scheduled agenda items 1, 3-7/Consent Agenda. None Minutes-October 10,2006 CONSENT AGENDA Approval of minutes - Minutes of September 26, 2006 Confirmation of committee appointments - None A) Authorize participation in a State of Texas contract for the purchase of books, publications, and audio visual materials - Resolution 06-295 B) Authorize the City Manager to execute all documents necessary, specifically including a License Agreement, in order for the Beaumont Police Department to continue to maintain a Police Substation at Parkdale Mall - Resolution 06-296 C) Approve a five-year agreement between the City of Beaumont and the Fire & Emergency Training Network (FETN), payable annually - Resolution 06-297 D) Approve a resolution authorizing the City Manager to execute an agreement with Workforce Centers of Southeast Texas to continue providing the City of Beaumont with temporary workers - Resolution 06-298 E) Approve a resolution authorizing the acquisition of property for the Phelan Boulevard Widening Project - Resolution 06-299 F) Approve a contract for roof replacement at the Tyrrell Park Stables - Resolution 06-300 G) Approve a settlement of the claim of Dontrell Holman - Resolution 06-301 H) Approve a settlement of the claim of Maceba Henry - Resolution 06-302 Councilmember Samuel made a motion to approve the Consent Agenda. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider adopting, on a second reading, an amendmentto Ordinance No. 04-068 granting an electric franchise to Entergy Gulf States, Inc. - Ordinance 06-058 - Second Reading Administration recommended approval of an ordinance amendment to Ordinance No. 04- 058 adopted on September 28, 2004 granting to Entergy Gulf States, Inc. and electric franchise which provides compensation for the use of the City's streets, alleys and rights- of-way by Entergy Gulf States, Inc. and authorizing the City Manager to execute an Page 2 of 10 Minutes-October 10,2006 agreement with Entergy Gulf States, Inc., reserving an issue as to the timing of the franchise fee payments to be resolved at the end of the franchise agreement in 2017. The City of Beaumont and Entergy Gulf States, Inc. entered into an electric franchise agreement on September 28, 2004 which provided for the accelerated expiration of the then existing franchise ordinance and granted a new franchise which included a different method of compensation to the City. This new agreement became effective February 1, 2006. The old agreement provided for payment of base franchise fees on a percentage of gross receipts basis. The new franchise allows for compensation based upon a calculation using a per kilowatt hour unit rate multiplied by the number of kilowatt hours delivered to retail customers within the City of Beaumont. These payments historically have been made on the first day of August of each year for the twelve-month period prior to the payment. Because of the acceleration of the termination of the existing agreement and the implementation of the new agreement there was a period of transition which has caused an issue between the City and the Company as to the timing of these payments. After several discussions and meetings, the parties have agreed to resolve the issue with the Company by continuing to make the annual payment on August 1 of each year beginning August, 2006; and reserving the issue as to whether the payment is a prepayment or payment in arrears until the year 2017, which is before the end of the term of the contract in 2018. This reservation would take the form of a letter agreement between the parties executed by the City Manager as authorized by the City Council. This amendment resolving the franchise annual payment issue should result in a payment in excess of Three-Million ($3,000,000) Dollars within twenty days of the acceptance of the agreement by Entergy Gulf States, Inc. Councilmember Smith moved to ADOPT ORDINANCE 06-058 ENTITLED AN ORDINANCE AMENDING FRANCHISE NUMBER 04-068 GRANTED ENTERGY GULF STATES,INC.; PROVIDING FOR AN ANNUAL PAYMENT;AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT RESERVING UNTIL THE YEAR 2017 THE RESOLUTION OF PAYMENT TIMING ISSUE; PROVIDING AN EFFECTIVE DATE UPON ACCEPTANCE IN WRITING BY ENTERGY GULF STATES,INC. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, SAMUEL AND PATTERSON NAYS: NONE ABSTAIN: MAYOR GOODSON MOTION PASSED 2. Consider a request for a specific use permit to allow a recreational vehicle park in an LI (Light Industrial) District at 6800 S. Major - Ordinance 06-066 Administration recommended approval of a specific use permit to allow a recreational vehicle park in an LI (Light Industrial) District at 6800 S. Major subject to the following condition and with a modification to the screening requirement along the north, south and west property lines (no 6' tall solid permanent screening fence or wall). Thomas Taylor is requesting a specific use permit to allow a recreational vehicle park in an LI (Light Industrial) District. The property is located at 6800 S. Major Drive. Page 3 of 10 Minutes-October 10,2006 The 15 acre tract of land includes a 7 acre lake and an LNVA canal right-of-way leaving approximately 7 acres that are usable for the recreational vehicle park. Three old houses that are located on the property will be removed. There will be approximately 75 RV parking spaces. Prior to the close of the public hearing on September 18, 2006, a reply from a property owner within 200 feet of the project property was returned objecting to the specific use permit request. This reply invoked the "20% Rule." On October 4, 2006, that property owner withdrew his opposition. Therefore, the "20% Rule" no longer applies. On September 26, 2006, City Council deferred this item because of the "20% Rule". At a Joint Public Hearing held September 18, 2006, the Planning Commission voted 6:0:1 to approve a specific use permit to allow a recreational vehicle park in an LI (Light Industrial) District at 6800 S. Major subject to the following condition and with a modification to the screening requirement along the north, south and west property lines (no 6' tall solid permanent screening fence or wall): The site plan to be revised to meet all ordinance design requirements. Mayor Pro Tern Beaulieu made a motion to ADOPT ORDINANCE 06-066 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RECREATIONAL VEHICLE PARK IN AN LI (LIGHT INDUSTRIAL) DISTRICT LOCATED AT 6800 S. MAJOR, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider approving a bid for the replacement of the roof at City Hall - Resolution 06-303 Administration recommended award of a bid for the replacement of the roof at City Hall to Mike Barnett Construction of Port Neches, Texas in the amount of $212,815. The roof sustained wind damage during Hurricane Rita which resulted in numerous leaks and a weakened roof surface. Neches Engineers was hired to evaluate the damage and design a new roof system. Specifications were developed by the consultant and bids were requested. The work is expected to commence in late October and be completed in 75 days. The roof system is warranted for a period of 20 years. Funds will be provided from insurance proceeds. Councilmember Samuel made a motion to APPROVE RESOLUTION 06-303 THAT THE BID SUBMITTED BY MIKE BARNETT CONSTRUCTION, PORT NECHES, TEXAS, TO FURNISH ALL Page 4 of 10 Minutes-October 10,2006 MATERIALS, LABOR, SUPERVISION, AND EQUIPMENT REQUIRED FOR THE REPLACEMENT OF THE ROOF AT CITY HALL FOR AN ESTIMATED TOTAL EXPENDITURE OF$212,815 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider authorizing the City Manager to execute a contract for the Rehabilitation of the Primary and Secondary Trickling Filters at the Sewer Treatment Plant- Deferred for one week. 5. Consider approving a one (1)year contract for the purchase of sand cement- Resolution 06-304 Administration recommended award of a one(1)year contract for purchasing sand cement to Quality Concrete and Materials Co. at the unit costs reflected below, with an estimated total expenditure for the contract period of $220,000. The contract specifies that the successful bidder shall provide approximately 12,000 tons of sand cement fixed 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 forthis expenditure in the Departments' respective operating budgets. Mayor Pro Tern Beaulieu made a motion to APPROVE RESOLUTION 06-304 THAT THE BID SUBMITTED BY QUALITY CONCRETE AND MATERIALS CO., BEAUMONT,TEXAS, FOR SAND CEMENT FOR USE BY THE PUBLIC WORKS AND WATER UTILITIES DEPARTMENTS FOR AN ESTIMATED TOTAL EXPENDITURE OF$220,000 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 6. Consider approving a bid for one (1) sanitary sewer manhole rehabilitation trailer for use at the Water Department - Resolution 06-305 Administration recommended award of a bid to Machine Technologies, L.L.C. of Haslet, Texas in the amount of $64,250 for the purchase of one (1) sanitary sewer manhole rehabilitation trailer for use by the Water Utilities Department. Page 5 of 10 Minutes-October 10,2006 The City sanitary sewer system utilizes thousands of brick and mortar manholes (no surveys exist which yield an exact number). Over time, mortar deteriorates and gives way, creating voids which can allow the infiltration of storm water into the sanitary sewer system. The Water Utilities Department has developed a sanitary sewer improvement initiative with the TCEQ which removes the threat of fines for overflows over a five (5) year period, providing the department adheres to the action plan provided to the agency. A component of this plan is the rehabilitation of damaged manholes by resealing the interior of the manhole. The resealing method afforded by this trailer is the spray application of a cementitious material to the interior of the manhole, thereby filling the void caused by deteriorated mortar. Presuming an "average" repair depth of seven (7) feet, third-party contracting of the repair would yield an approximate cost of $630 per manhole. The Water Utilities Director has estimated an in-house repair repair cost of approximately $260 per manhole. The low bidder, AP/M Permaform, submitted a bid for an equipment skid only (without trailer) containing a mixer, pump, winch, and an unspecified capacity water tank. The bid does not contain several of the key components of the rehabilitation system, and is considered to be non-responsive to specifications. The next low bidder, Quadex, Inc., took exception to bid specifications in several areas; offering a 30 horsepower (hp) engine in lieu of the required 56 hp; a 20 gallon hydraulic fluid reservoir instead of 45 gallons; and a pump capacity of seven (7) gallons per minute versus the specified thirteen (13) gallons. The proposed trailer is also capable of carrying only one (1) pallet of cementitious material, rather than the two (2) pallet capacity required by specifications. The trailer system proposed by Machine Technologies, L.L.C. meets all required performance specifications. The unit shall carry a one (1)year warranty. Warranty repairs will be performed by manufacturer's personnel. Funds are available for this expenditure in the Water Utilities Fund. Councilmember Smith made a motion to APPROVE RESOLUTION 06-305 THAT THE BID SUBMITTED BY MACHINE TECHNOLOGIES, L.L.C. OF HASLET, TEXAS, FOR A CONTRACT FOR ONE (1) SANITARY SEWER MANHOLE REHABILITATION TRAILER FOR USE BY THE WATER UTILITIES DEPARTMENT FOR AN ESTIMATED TOTAL EXPENDITURE OF$64,250 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 7. Consider a resolution authorizing the acquisition of property at 790 Orleans Street - Resolution 06-306 Page 6 of 10 Minutes-October 10,2006 Administration recommended Council authorize the acquisition of property at 790 Orleans Street for the appraised value of $480,000 as determined by Bishop Real Estate Appraisers, Inc. The Police Department's Property Office is currently having to store property at several locations due to a shortage of space in the main police building. Property is being stored at several locations within the main building and at locations separate from the main building. The storing of property at various locations causes inefficiencies in the normal operation of the Property Office. The acquisition of the Goodwill Store at 790 Orleans Street will be of sufficient size to consolidate the storage of all property at one location. Upon acquisition of the property, an architect will be retained to design the interior of the building to meet the needs of the Property Office. The actual renovations to the interior of the building will be completed by a contractor. Although the property will be acquired after City Council approval, Goodwill has indicated that it will take them approximately six months to vacate the building. During this six month period, the City will lease the building to Goodwill for $4000 a month. Funds are available in the Capital Program. Mayor Pro Tern Beaulieu made a motion to APPROVE RESOLUTION 06-306 THAT AN AGREEMENT HAS BEEN NEGOTIATED FOR THE ACQUISITION OF PROPERTY AT 790 ORLEANS STREET FOR ITS APPRAISED VALUE FOR USE BY THE POLICE DEPARTMENT IN THE AMOUNT OF $480,000. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED WORKSESSION Discuss future plans for Fair Park Tom Warner, Public Works Director,directed this workshop discussing the advantages and disadvantages of the future improvements, repairs and use of Fair Park. Repairs to the Coliseum roof which would be covered by insurance would enable the Streets and Drainage Department to use this area for storage for equipment and material. Additionally, the existing barns could be renovated and used to relocate the Sign and Signal Shop. If the Coliseum was to be removed in the future, this could also possibly free up some additional acreage for the Beaumont Housing Authority. The Harvest Club is currently being used and at some time in the future may be replaced by a Downtown Park facility. The Harvest Club continues to be booked through January 1, 2008. Page 7 of 10 Minutes-October 10,2006 COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - COMMENDED THE "GIFT OF LIFE" PROGRAM AS IT NOT ONLY ASSISTS FINANCIALLY BUT MAKES PEOPLE AWARE THAT THEY CAN GET TREATMENT; THEY DO A FANTASTIC JOB MAYOR PRO TEM BEAULIEU - NONE COUNCILMEMBER SAMUEL - ATTENDED THE SONNY PERKINS STREET DEDICATION AND WAS PLEASED THAT IT WAS SO WELL ATTENDED AND IT WAS A GREAT OCCASION AS WELL AS THE BEAUMONT HOUSING AUTHORITY'S BANQUET; PLEASED TO HAVE THE OPPORTUNITY TO JOIN IN THE GRAND OPENING OF THE STONEHURST APARTMENTS AND TO SEE THE AWARD GIVEN TO ROBERT REYNA OF THE BEAUMONT HOUSING AUTHORITY; ALSO VERY PLEASED TO SEE THE CITY, THE PORT OF BEAUMONT, EXXON MOBILE WORKING TO DEVELOP A TRUE PUBLIC PRIVATE PARTNERSHIP IN THE CHARLTON POLLARD AREA AND THE NORTH END COUNCILMEMBER PATTERSON - CONCURRED WITH COUNCILMEMBER SAMUEL'S COMMENTS; URGED ALL WOMEN TO GO AND GET MAMMOGRAMS; ALSO TODAY IS THE LAST DAY TO REGISTER FOR THE NOVEMBER 7 GENERAL ELECTION CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR GOODSON - ENJOYED THE DEDICATION OF THE SONNY PERKINS STREET DEDICATION; THANKED REGINA ROGERS FOR THE "GIFT OF LIFE" PROGRAM , MAGNOLIA GARDEN CLUB FOR THEIR HELP TO ENHANCE AND REDEVELOP OUR COMMUNITY, AND THE YMBL FOR THE GREAT FAIR THAT THEY WILL BE PUTTING ON FOR THE NEXT TEN DAYS; ALSO THANKED CHRIS BOONE AND OTHER CITY STAFF FOR THEIR HELP IN PUTTING TOGETHER A PRESENTATION FOR THE URBAN DESIGN PROGRAM THROUGH THE COUNCIL OF MAYORS WHICH ALLOWS CITIES TO PRESENT DESIGN SOLUTIONS ON DIFFERENT PROJECTS; ALSO CONGRATULATED ROBERT REYNA ON HIS GRANT AWARD AND HOPE THAT HIS TAX CREDIT APPLICATION IS FUNDED AS WELL; WOULD LIKE THE CITY MANAGER AND TOM WARNER TO LOOK INTO A POSSIBLE BROWNFIELD GRANT TO HELP WITH THE DOWNTOWN PARK SITE BECAUSE OF THE INDUSTRIAL NATURE OF THOSE SITES Page 8 of 10 Minutes-October 10,2006 Public Comments (Persons are limited to three minutes) LeRoy Lewis 8550 Baker Street Beaumont TX Ideas to City Council: thanked the Mayor and City Council for demolishing the old building across the street from Magnolia Park; feels that the demolishing of these buildings leave room for new places to be built; thanked the citizens and the employees of the City for being good people; suggested some areas where buildings needed to be demolished Vanessa Sevison 7855 San Diego Beaumont TX Concerned about the deferment granted for the building at 8095 Eastex Freeway and the safety of the children of Guess Elementary who have to pass this building; also concerned about the lack of neighborhood protection at her home Mary Nixon 4545 Dallas Avenue Beaumont TX Believes and supports the Beautification of Beaumont and along this line, would like enforcement of the removal of the garbage cans left at the curbside continuously Robert L. Reyna, E.D. Beaumont Housing Authority Beaumont TX Reported on the success of being awarded the Fiscal Year 2006 HOPE VI Revitalization Grant; thanked the Mayor and the Councilmembers as well as other staff members for all their support and help to achieve this grant Mike Drury 6835 Marshall Place Beaumont TX Feels that the City is continuing to place the financial burden of the City onto its employees by reducing the number of employees; city employees bear the brunt of the bad times of the city but when the City is doing well, money goes to bricks; quality of life issue but before we attract others to our City, feels that the City needs to do things to improve the City's image such as hiring more police to reduce the crime rate, repair the streets, attract more businesses by reducing the OSA rating, promote Lamar and promote its location; make Beaumont the place where you would want to live Open session of meeting recessed at 2:50 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: The City of Beaumont vs International Association of Firefighters Local No. 399 There being no action taken in Executive Session, Council adjourned. Page 9 of 10 Minutes-October 10,2006 Audio tapes ar available upon request in the City Clerk's Office. Guy N. Goodson, Mayor Iw 1 x 1! to,U 'J1 Rose Ann Jones, TRM i C I w City Clerk Page 10 of 10 Minutes-October 10,2006