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MIN FEB 06 2007 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 February 6, 2007 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 February 6, 2007, 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 Goodson called the council meeting to order at 1:30 p.m. Pastor John Cashimere of East Gill Baptist 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 Tern Beaulieu, Councilmembers Smith, Ames, Samuel and Patterson. Absent: Councilmember Cokinos. Also present were Kyle Hayes, City Manager;Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk, Tina Broussard, Deputy City Clerk. Proclamations, Presentations, Recognitions "Red, White & You Day" - March 2, 2007 - Presentation by Dr. Jimmy Simmons presenting Lamar University Flag to be flown in front of City Hall for the month of February. This is part of the kick-off campaign for "Red, White & You Week" at Lamar "National Sales Month" - February, 2007 - Proclamation read by Mayor Pro Tern Beaulieu. Accepted by Larry Beaulieu, General Manager of KFDM and "Executive of the Year" Mayor Goodson announced their would be no Executive Session to be held at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda. None Minutes-February 6,2007 CONSENT AGENDA Approval of minutes - Minutes of January 30, 2007 Confirmation of committee appointments - None A) Approve the sale of City-owned surplus property located at 975 Wall Street - Resolution 07-038 Mayor Pro Tern Beaulieu made a motion to approve the Consent Agenda. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider amending Chapter 2 of the Code of Ordinances - Ordinance 07-010 Administration recommended approval of the amendments proposed for Chapter 2 of the Code of Ordinances. At a worksession on January 16, 2007, staff discussed the process to be used to update the Code of Ordinances. In accordance with that plan, proposed changes to Chapter 2, related to Administration, were provided to the City Council for review. In addition to the changes previously proposed, staff is recommending that Chapter 2-54, related to the Drug-free Beaumont Commission, be amended as indicated. The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating Budget. Mayor Pro Tern Beaulieu moved to ADOPT ORDINANCE 07-010 ENTITLED AN ORDINANCE AMENDING CHAPTER 2,ARTICLE 1,SECTION 2-3.2;ARTICLE III,SUBSECTIONS 2-31 (B)AND 2-32 (1)AND(3)SECTIONS 2-34 AND 2-35 SUBSECTIONS 2-38 (3)AND(4)SECTIONS 2-40 AND 2-52, SUBSECTION 2-53(C),SECTION 2-54,AND ARTICLE V, DIVISION 1,SECTION 2-84 AND REPEALING CHAPTER 2,ARTICLE I,SECTION 2-3.3,ARTICLE III,SUBSECTIONS 2-32(4)THROUGH(7)AND(10) AND(12),SUBSECTIONS 2-36(4)AND(6),SUBSECTION 2-44(C),SECTION 2-49,SUBSECTION 2- 53(D), AND ARTICLE V, DIVISION 2, SECTIONS 2-91 THROUGH 2-104 OF THE CODE OF ORDINANCES;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, SAMUEL AND PATTERSON Page 2 of 8 Minutes-February 6,2007 NAYS: NONE MOTION PASSED 2. Consider amending Chapter 2 1/4 of the Code of Ordinances - Ordinance 07-011 Administration recommended approval of the amendments proposed for Chapter 2 1/4 of the Code of Ordinances. At a worksession on January 16, 2007, staff discussed the process to be used to update the Code of Ordinances. In accordance with that plan, the proposed changes to Chapter 2 1/4, related to Airports and Aircraft, were provided to the City Council for review. The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating Budget. Councilmember Samuel made a motion to ADOPT ORDINANCE 07-011 ENTITLED AN ORDINANCE AMENDING CHAPTER 2 1/4,ARTICLE II,SECTIONS 2 1/4-23,2 1/4-24,SUBSECTION 2 1/4-26 (A), SECTIONS 2 1/4-27 AND 2 1/4-28 OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider amending Chapter 2 1/2 of the Code Ordinances - Ordinance 07-012 Administration recommended approval of the amendments proposed for Chapter 2 1/2 of the Code of Ordinances. At a worksession on January 16, 2007, staff discussed the process to be used to update the Code of Ordinances. In accordance with that plan, the proposed changes to Chapter 2 1/2, related to Alarm System, were provided to the City Council for review. The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating Budget. Mayor Pro Tern Beaulieu made a motion to ADOPT ORDINANCE 07-012 ENTITLED AN ORDINANCE AMENDING CHAPTER 2 1/2,ARTICLE II,SECTION 2 1/2-12, SUBSECTION 2 1/2-13 (B) AND (D) AND 2 1/2-15 (1) AND SECTION 2 1/2-16, SUBSECTIONS 2 1/2-17 (B) AND (C) AND SUBSECTION 2 1/2-23 (A) OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. Page 3 of 8 Minutes-February 6,2007 AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider approving the purchase of asphaltic concrete for use by the Streets and Drainage Division - Resolution 07-039 Administration recommended the award of a six (6) month contract to APAC-Texas, Inc. for purchasing asphaltic concrete with an estimated total contract expenditure of$628,000. Cold laid asphaltic concrete is used for repairing potholes and small sections of streets, while hot laid asphaltic concrete is used for repairs to larger street sections. Funds for the cold laid concrete in the amount of $137,500 are available in the Public Works operating budget and funds for the hot laid concrete, which will be used for street rehabilitation, are available in the Capital Program Fund, for the estimated total six-month contract expenditure of $628,000. Councilmember Patterson made a motion TO APPROVE RESOLUTION 07-039 THAT THE BID SUBMITTED BY APAC-TEXAS, INC. IN THE FIXED UNIT AMOUNTS FOR AN ESTIMATED TOTAL CONTRACT EXPENDITURE OF $628,000 BE ACCEPTED BY THE CITY OF BEAUMONT. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 5. Consider authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XI Project for "extra work" - Resolution 07-040 Administration recommended approval of increasing the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract XI Project amount by $44,718. The proposed changes to the contract will rehabilitate approximately 1066 linear feet of 8-inch sanitary sewer lines, to remove and replace approximately 4 manholes, install three end of line clean outs, remove and replace approximately 160 square feet of concrete pavement, replace approximately 19 service connections and post televise the rehabilitated lines. The proposed extra work will represent an increase of 6.41% of the original contract amount. The proposed extra work is for the areas on Michelle Cove and Sul-Ross Lane. Funds for the project are available in the Water Utilities Operating Fund. Page 4 of 8 Minutes-February 6,2007 Mayor Pro Tern Beaulieu made a motion to APPROVE RESOLUTION 07-040 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO.1 INCREASING THE CONTRACT AMOUNT BY$44,718 FOR A TOTAL AMOUNT OF$742,180 FOR THE SANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS CONTRACT-XI PROJECT. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 6. Consider approving a contract for temporary personnel services - Resolution 07-041 Administration recommended the award of an annual contract for providing temporary employees to Personnel Staffing of Beaumont, Texas. Seven (7) companies submitted bids for an annual contract to provide temporary employees to fill business office positions as well as to provide skilled and unskilled laborers.Temporary employees are necessary for various job positions throughout the City when vacancies occur due to events such as medical leave, vacations, or short term projects. Temporary employees must pass a drug screen and a criminal background search prior to being assigned to the City. The contract specifications requested firm hourly prices inclusive of wages, benefits,testing, screening,workers'compensation,taxes, and agency fees. Administration recommended awarding the contract to Personnel Staffing of Beaumont at the hourly rates indicated below. The agency has consistently provided pre-screened qualified individuals to fill frequent temporary positions during prior contracts with the City. The apparent overall lowest bidder, Advanced Staffing, has held the contract during the past year and has had some difficulties consistently filling positions in a timely fashion. Office I Office II Skilled Unskilled Laborer Laborer Vendor Hourly Rate Hourly Rate Hourly Rate Hourly Rate Personnel Staffing $9.80 $10.50 $11.20 $10.50 Beaumont, TX During the twelve (12) month period beginning January 1, 2006 and ending December 31, 2006 the City paid staffing agencies approximately$145,000 fortemporary office positions and temporary skilled and unskilled laborers. Funds are available in each Department/Division's budget for temporary personnel. Page 6 of S Minutes-February 6,2007 Councilmember Ames made a motion to APPROVE RESOLUTION 07-041 THAT THE BID SUBMITTED BY PERSONNEL STAFFING AT THE HOURLY RATES BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Samuel seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED WORKSESSION Review and discuss the status of the Gilbert Building Tyrone Cooper, City Attorney discussed the Gilbert Building located at 328 Bowie in downtown Beaumont. The Gilbert Building was a testamentary gift from the Elizabeth Gilbert Fortune Estate to the City of Beaumont in 1998. The building was deeded to the City with certain restrictive covenants limiting how the building was to be utilized. Funds are no longer available to the City of Beaumont for the maintenance and restoration of the Gilbert Building, without the funds, it is not practical for the City to allocate funding for the maintenance and restoration. There were several options discussed regarding the building, one to raze the building subject to approval of the Grantor, which are the heirs of Elizabeth Gilbert Fortune. The second would be to convey all ownership interest in the building to the heirs and put the building back on the tax roll. This is also provided for by the terms of the restrictive covenant. Review and discuss the possibility of placing on the May 12, 2007 Ballot the sale of three vacant and surplus park properties Brenda Beadle, Capital Projects Manager reviewed and discussed the sale of vacant park properties and whether to place the sale of the vacant park property on the May 12th election ballot. The State statues require a vote of the citizens to sell park property. The parks will be sold by the competitive bid process. Proceeds from the sale must be used for park improvements. The parks discussed included Hebert Park, Maple/Oakland Park and Pipkin Park. COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE MAYOR PRO TEM BEAULIEU - NONE COUNCILMEMBER AMES - NONE COUNCILMEMBER COKINOS - ABSENT COUNCILMEMBER SAMUEL- STATED HIS CONCERNS REGARDING THE NUMBER OF DAYS OF EARLY VOTING AND ASKED THAT COUNCIL CONSIDER ADDING SUNDAY,MAY 6,2007,AS AN ADDITIONAL DAY FOR Page 6 of 8 Minutes-February 6,2007 EARLY VOTING; THANKED SHAWN WILLIAMS, JOHNNY BEATTY, ERIC WILSON AND CHRIS CUNNINGHAM FOR ATTENDING THE BRICKYARD NEIGHBORHOOD ASSOCIATION MEETING; REQUESTED THAT STAFF VISIT THE VACANT BUILDING OF DOLLINGER STEEL; ALSO ASKED THAT STAFF CHECK THE UTILITY POLE ON THE CORNER OF BRICKYARD AND CONCORD ROAD COUNCILMEMBER PATTERSON - AGREED WITH COUNCILMEMBER SAMUEL TO HAVE SUNDAY, MAY 6, 2007,AS AN ADDITIONAL DAY FOR EARLY VOTING;ALSO SEVERAL STREET LIGHTS ARE OUT ON SARAH STREET, BETWEEN THE L.L. MELTON YMCA AND THEODORE JOHNS LIBRARY CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR GOODSON - THANKED THE CITY CLERK FOR THE INFORMATION ON THE COST TO ADD AN ADDITIONAL DAY FOR EARLY VOTING; FEELS THAT ALL LOCATIONS FOR EARLY VOTING SHOULD BE PRESENTED TO COUNCIL FOR A DECISION;ASKED THAT THE CITY MANAGER AND CITY ATTORNEY HAVE ANOTHER WORKSESSION REGARDING DOLLINGER STEEL; INFORMED COUNCIL THAT A LETTER WAS SENT TO ROBERT REYNA, EXECUTIVE DIRECTOR OF THE BEAUMONT HOUSING AUTHORITY FOR SEVERAL LOW TO MODERATE INCOME HOUSING PROJECTS REQUESTING TAX CREDITS Public Comments (Persons are limited to three minutes) Sharon Eaves 5550 Scenic Dr. Beaumont TX Thanked Council for their hard work this past year; thanked Councilmember Smith for all the hard work she has done for her area and attending their neighborhood association meetings Sadie Smith 245 Pollard Beaumont TX Concerned about a piece of property that she purchased, and the City wanting to demolish it after the purchase Paul A. Brown 4370 Cartwright St. Beaumont TX Asked that Council consider adding Sunday, May 6, 2007, as an additional day for Early Voting Paul Jones 10033 Brooks Rd. Beaumont TX Asked that Council consider adding Sunday, May 6, 2007, as an additional day for Early Voting Page 7 of 8 Minutes-February 6,2007 Allen Lee 5095 Maddox Beaumont TX Agreed with adding Sunday as an additional day for Early Voting as well as multiple locations; discussed a Homeland Security issue regarding the State of the Union Address; wanted everyone to think about all of our leaders under the same roof during the Address and where would the world be if something were to happen EXECUTIVE SESSION - CANCELLED As authorized by Section 551.087 of the Government Code, discuss and consider authorizing the City Manager to execute a Confidentiality Agreement on behalf of the City of Beaumont with the Greater Beaumont Chamber of Commerce, Jefferson County and a business entity considering Jefferson County as a site for new business expansion There being no Executive Session, Council adjourned at 2:45 p.m. Audio tapes are available upon request in the City Clerk's Office. Guy N. Goodson, Mayor Tina Broussard, Deputy City Clerk Page 8 of 8 Minutes-February 6,2007