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MIN FEB 20 2007 M I N U T E S - CITY OF BEAUMONT AndreIN P. Cokinos,At-Large GUY N. GOODSON, MAYOR Becky Ames,At-Large Lulu L. Smith,Ward 1 CITY COUNCIL MEETING Nancy Beaulieu, Mayor Pro Tem,Ward II Audwin Samuel,Ward III February 20, 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 20,2007, 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 1-5/Consent Agenda Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Pastor Peter Hutchison of the Freeway Baptist Church gave the invocation. Councilmember Patterson led the Pledge of Allegiance. Roll call was made by Tina Broussard, Deputy City Clerk. Present at the meeting were Mayor Goodson, Mayor Pro Tern Beaulieu, Councilmembers Smith, Ames and Patterson. Absent: Councilmember Cokinos and Councilmember Samuel (arrived at 2:12 p.m.). Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, Deputy City Clerk. Proclamations, Presentations, Recognitions "National Engineers Week" - February 18-24, 2007- Proclamation ready by Mayor Pro Tern Beaulieu; accepted by Patrick Donart, Engineerwith City of Beaumont Water Utilities Department, Travis Williams and Patrick Kinney "Code Enforcement Association of Texas Days" - February 21 - 24, 2007 - Proclamation read by Mayor Goodson; accepted by Neely Blackmon, President, and members of the Executive Board "Taste of the Triangle Day" - February 20, 2007- Proclamation read by Councilmember Ames; accepted by Members of the Sabine Area Restaurant Association Mayor Goodson read the announcement about the Executive Session to be held at the conclusion of the General Business portion of the meeting. Minutes-February 20,2007 Public: Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda. Allen Lee 5095 Maddox Beaumont TX Discussed Item#3: agreed that the parks need to be sold;would like to see proceeds from the sell of the parks used to expand the park in the Avenues; also requested that each public park have restrooms CONSENT AGENDA Approval of minutes - Minutes of February 13, 2007 Confirmation of committee appointments - Resolution 07-046 Ralph Jordan would be reappointed to the Historic Landmark Commission. The current term would expire June 19, 2008. (Councilmember Lulu Smith) A) Approve change orders related to the Julie Rogers Theatre renovation - Resolution 07- 047 B) Authorize the City Manager to execute a Utility Joint Use Agreement and a Standard Utility Agreement with West Texas Gulf Pipe Line Company for the Phelan Boulevard Pavement Widening Project - Resolution 07-048 C) Authorize a License to Encroach - Resolution 07-049 D) Approve the renewal of an agreement between the City of Beaumont and the State of Firemen's and Fire Marshals' Association of the Fire Museum of Texas - Resolution 07- 050 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 approving amendments to Chapter 6 of the Code of Ordinances-Ordinance 07- 017 Administration recommended approval of the amendments proposed for Chapter 6 of the Code of Ordinances. Page 2 of 9 Minutes-February 20,2007 The ordinance being presented today also corrects a clerical error in Section 6-100 that was found after the review copies were distributed. The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating Budget. Mayor Pro Tern Beaulieu moved to APPROVE RESOLUTION 07-017 ENTITLED AN ORDINANCE AMENDING CHAPTER 6,ARTICLE I, SECTION 6-4; ARTICLE II,SECTION 6-21; ARTICLE III, DIVISION 1,SECTION 6-29;ARTICLE IV,DIVISION 1,SECTION 6-51;DIVISION 3,SECTION 6-80,AND DIVISION 4,SUBSECTION 6-100(A);AND REPEALING CHAPTER 6,ARTICLE I,SECTIONS 6-1 AND 6-2;ARTICLE IV, DIVISION 1, SECTION 6-60; DIVISION 3, SUBSECTIONS 6-80(A) AND (B), SECTIONS 6-81 THROUGH 6-90,AND DIVISION 4,SUBSECTIONS 6-100(B)AND(C);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 AND PATTERSON NAYS: NONE MOTION PASSED 2. Consider approving a contract for water leak detection services - Resolution 07-051 Administration recommended the award of a contract for water leak detection services to ADS Environmental Services of Huntsville,Alabama in the estimated amount of$232,238. The Texas Water Development Board (TWDB) requires water conservation measures throughout the State. In compliance with these requirements,the City's Water Production Division performs audits annually that compare the volume of water produced with the volume of water sold. Discrepancies have been found between these amounts in recent audits resulting in the loss of potential revenue. Administration has determined the best way to find leaks citywide is to hire an independent company experienced in leak detection to survey the City. The cost to have the survey performed can potentially be recovered by reducing the operating costs incurred during the production of potable water such as electricity and chemicals while at the same time increasing the volume of water available for sale. The capture of leaks also achieves the TWDB statewide water conservation objectives. Bids were solicited for conducting a leak detection survey on approximately 825 linear miles of the City's water distribution system. The Contractor will be required to inspect every foot of pipe in the distribution system and each individual water service connection, as well as distribution valves,fire hydrants,flush valves,air release valves,and all exposed sections of the water system with acoustic leak surveyor equipment to ensure a thorough survey of the water system. When a leak is found, the Contractor will mark the asphalt or concrete and call the Water Utilities' Dispatch line to report the location of the leak within two (2) hours. The City will be responsible for making repairs. If a leak is detected on a Page 3 of 9 Minutes-February 20,2007 private property owner's side of a water service connection, the Contractor will notify the customer. The City expects the project to be completed in twelve (12) to twenty-four (24) months. Funds are available in the Water Utilities Improvement Fund for the estimated cost of $232,238. Councilmember Ames made a motion to APPROVE RESOLUTION 07-051 THAT THE BID SUBMITTED BY ADS ENVIRONMENTAL SERVICES, HUNTSVILLE, ALABAMA, FOR A CONTRACT FOR WATER LEAK DETECTION SERVICES ON APPROXIMATELY 825 LINEAR MILES OF THE CITY OF BEAUMONT's WATER DISTRIBUTION SYSTEM IN THE AMOUNT OF$232,238 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 3. Consider amending General Election Ordinance No. 07-016 to provide for a ballot proposition authorizing the sale of three vacant surplus park properties - Ordinance 07- 018 Administration recommended adoption of an ordinance amending the City's General Election Ordinance to provide for a ballot proposition authorizing the sale of three vacant surplus park properties. At the Council workshop held January 30, 2007, staff provided information concerning the sale of three vacant park properties. These vacant park properties include Hebert Park located at 2310 Smart Street, Maple/Oakland Park located at 1415 Maple and Pipkin Park located at 1350 Pennsylvania. These former park properties are non functional and have been replaced with other neighborhood parks. The two acre tract of Pipkin Park is zoned Commercial Manufacturing. The property is part of a five acre tract purchased in 1918. This section of Pipkin Park was separated by the construction of Pennsylvania Avenue in 1971 from the main park site that includes Temple of the Brave. The park had playground equipment but as the area became more commercial, the park became less utilized and all playground equipment was removed. Charlton-Pollard Park is the most recent neighborhood park developed in the area. Pipkin Park is located in Ward III. Prior to the sale of the properties, a zoning study will be conducted to determine the proper zoning for each area. In addition, an appraisal of each parcel will be conducted. If approved by the voters, the park properties will be sold by the competitive bid process setting the minimum bid at the appraised value. As per State statute, proceeds will be used for park improvements. Page 4 of 9 Minutes-February 20,2007 Properties will be appraised and the minimum bid set at the appraised value. Mayor Pro Tern Beaulieu made a motion to ADOPT ORDINANCE 07-018 ENTITLED AN ORDINANCE AMENDING 07-016,GENERAL ELECTION ORDINANCE,TOADD ABALLOT PROPOSITION AUTHORIZING THE SALE OF THREE VACANT SURPLUS PARK PROPERTIES; 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 AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider approving a financing agreement for a compactor at the landfill-Resolution 07- 052 Administration recommended award of a bid for a five (5) year financing agreement with a fixed interest rate of 4.24% to Chase Equipment Leasing of Columbus, Ohio for the purchase of one (1) Caterpillar 826H Compactor. Two compactors are used at the landfill to compact refuse in order to maximize landfill space. On August 25, 2006, one (1) 2002 Caterpillar was destroyed by fire while in service. The purchase of a new compactor to replace the burned unit was approved by Council on September 15, 2006, with Resolution No. 06-288. Five (5) bids were received for a fixed interest rate financing agreement. The total cost of the compactor including financing costs will be $602,355. The compactor is expected to be delivered in mid-March. An amortization schedule indicating the cost of the financing agreement is as follows: Payment No. Payment Amount Interest Principal Purchase Option 1 $120,471.07 $22,587.28 $97,883.79 $ 452,228.62 2 120,471.07 18,437.01 102,034.06 342,785.18 3 120,471.07 14,110.77 106,360.30 230,969.67 4 120,471.07 9,601.09 110,869.98 116,726.58 5 120,471.07 4,900.20 115,570.87 -0- TOTAL F $602,355.35 $69,636.35 $532,719.00 Financing the total amount of$532,719 through a lease purchase agreement will result in a net cost of$69,636.36. Page 5 of 9 Minutes-February 20,2007 The first annual payment of $120,471.07 will be due one (1) year after execution of the agreement. Councilmember Smith made a motion to APPROVE RESOLUTION 07-052 THAT THE BID SUBMITTED BY CHASE EQUIPMENT LEASING, COLUMBUS, OHIO, FOR A FIVE (5)YEAR FINANCING AGREEMENT WITH A FIXED RATE OF 4.24% FOR TOTAL AMOUNT OF $602,355.35 FOR THE PURCHASE OF ONE(1)CATERPILLAR 826H COMPACTOR FOR USE AT THE LANDFILL 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 5. Consider authorizing the City Manager to execute an Emergency Work Order for the Sanitary Sewer Rehabilitation of Small Diameter Mains-Tangledahl Project - Resolution 07-053 Administration recommended approval of an Emergency Work Order with PM Construction and Rehab, LP of Houston, Texas in the amount of $91,501 for the Sanitary Sewer Rehabilitation of Small Diameter Mains - Tangledahl Project. The emergency work order rehabilitated 1276 linear feet of 10-inch and 245 linear feet of 6-inch sanitary sewer lines, removed and replaced eight manholes, installed one end of line clean out and replaced 23 service connections. The sanitary sewer line on Tangledahl serves 23 residences that are directly tied to it and 35 residences on Bicentennial Place,Bicentennial Lane, Fang Circle,and Belvedere Drive. In the past 4 years the Water Utilities Maintenance Section has responded to 40 calls concerning the 1521 linear feet of sanitary sewer pipe and related services. Investigation of the sewer pipe indicated collapses at several locations of which some were due to Hurricane Rita, manhole failures and broken service taps that were resulting in storm water infiltration into the sewer system, sewer back-ups into residences, overflows in the alleys and sanitary sewer service interruptions, jeopardizing public health and safety. Patching the problem could no longer protect public health from diseases such as typhoid and cholera. The service interruptions could have extended for several days if immediate rehabilitation, that could not be accomplished by City forces, was delayed. Since the line was connected to a main on the HowellNount Project, City staff contacted the U.S. EPA and received a verbal approval committing to paying 55 percent of the submitted cost.The U.S. EPA approval is now official and a pay request is being processed. The cost to the City on this Emergency Work Order is $41,175. Funds for the project are available in the Water Utilities Non-Operational Fund. Page 6 of 9 Minutes-February 20,2007 Councilmember Smith made a motion to APPROVE RESOLUTION 07-053 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN EMERGENCY WORK ORDER WITH PM CONSTRUCTION AND REHAB, LP HOUSTON, TEXAS, IN THE AMOUNT OF $91,501 FOR THE SANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS - TANGLEDAHL PROJECT. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES AND PATTERSON NAYS: NONE MOTION PASSED Councilmember Samuel arrived at 2:12 p.m. WORKSESSION * Review and discuss issues related to the financial impact of the Arbitrator's Award for Beaumont Firefighters and the request for a fourth firefighter on a pumper Max Duplant, Chief Financial Officer discussed several issues regarding the Beaumont Firefighters, the first was the number of firefighters staffed as well as Kelly Days, the population per firefighter for similar sized cities, the current salary, the results of the increase if awarded the arbitration,the history of pay increases for the Cities and local plants, also the pay increases for surrounding cities, the tax increase, health benefits and the monthly cost to employees, the cost of four firefighters per pumper costing the City$3.8 million per year and a 12%tax increase on average. COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE MAYOR PRO TEM BEAULIEU - THANKED EVERYONE THAT WORKED SO HARD FOR THE FIRST BEAUMONT MARDI GRAS COUNCILMEMBER AMES- THANKED EVERYONE FOR WORKING SO HARD FOR THE FIRST MARDI GRAS; THE ATTENDANCE WAS GREAT COUNCILMEMBER SAMUEL - None COUNCILMEMBER PATTERSON - PUBLIC ANNOUNCEMENT; GROUND BREAKING CEREMONY FOR NEW CENTRAL PARK COMMUNITY CENTER AT THE IMAGINATION STATION SITE ON MONDAY MARCH 5,2007 AT 4:00 P.M. INVITED EVERYONE TO COME OUT CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE Page 7 of 9 Minutes-February 20,2007 MAYOR GOODSON - THANKED MAYOR PRO TEM FOR CONDUCTING MEETING IN HIS ABSENCE; COUNCIL WILL NOT HAVE A MEETING ON TUESDAY FEBRUARY 27, 2007, COUNILMEMBERS WILL BE ATTENDING A CONFERENCE IN AUSTIN, TEXAS; THE 2007 BEAUMONT POLICE DEPARTMENT UCR REPORT HAS BEEN RECEIVED, CONGRATULATIONS TO CHIEF COFFIN ON AJOB WELL DONE; SPOKE OF RESIGNATION OF THE CITY CLERK, A SPECIAL COUNCIL MEETING WILL BE HELD ON FRIDAY FEBRUARY 23, 2007 TO ADDRESS STAFFING Public: Comments (Persons are limited to three minutes) Frank Kiefer 3190 Willowood Beaumont TX Spoke on injustice by the City of Beaumont against him and his family Leroy Lewis III 8550 Baker Beaumont TX Thanked everyone for Black History Month; College and Glendale has a faded stop sign; wished the City Clerk Rose Ann Jones and Dr. Lulu Smith well in their future endeavors and a job well done; high cost of electric bill; better schools for our children Roberto Flores 2425 Buchanan Beaumont TX Spoke on the issues of the fireman;wanted to know what was adequate regarding the fire coverage for the fireman Bruce Hoffer 2615 Gladys Beaumont TX Spoke regarding the firemen, thanked Council for the smoking ban W.R. Sam 1761 Rena Beaumont TX Disagreed with the City on resolving the arbitration with the fireman Allen Lee 5095 Maddox Beaumont TX Spoke regarding the firemen and the arbitration award, discussed the Homeland Security Safer Grant Eddie Bates 52 N. 71h St. Beaumont TX Thanked Council and City for the park improvements at McLean Park; spoke regarding the rail road quite zone John Werner 1 Oakleigh Blvd. Beaumont TX Discussed financial impact regarding sales tax, tax increase, raises and the general fund; thanked City Manager for the offer to firefighters Page 8 of 9 Minutes-February 20,2007 Tommy May 4670 N. Main Pine Forest TX Thanked Council for the worksession; invited Council to sit and meet with firefighters to answer any questions they may have Robert Preston 1190 Iowa Beaumont TX Discussed faxes sentto City of Beaumont;spoke regarding the Fire Department and Police Department Open session of meeting recessed at 3:47 p.m. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: William Jenny, et al v City of Beaumont, et al Glenn McNeel v The City of Beaumont, et al The City of Beaumont v International Association of Fire Fighters, Local Union 399 There being no action taken in Executive Session, Council adjourned. Audio tapes are available upon request in the City Clerk's Office. Guy N. Goodson, Mayor it, Tina Broussard, Deputy City Clerk sa w Page 9 of 9 Minutes-February 20,2007