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MIN JUN 19 2007 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr.At-Large BECKY AMES, MAYOR Gethrel Williams-Wright,At-Large Lulu L. Smith,Ward I CITY COUNCIL MEETING Nancy Beaulieu, Mayor Pro Tem,Ward II Audwin Samuel,Ward III June 19,2007 Jamie Smith,Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, Interim City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on June 19, 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 Ames called the council meeting to order at 1:30 p.m. Pastor J.D. Roberts of Antioch Missionary Baptist Church gave the invocation. Mayor Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, Interim City Clerk. Present atthe meeting were MayorAmes, Mayor Pro Tem Beaulieu, Councilmembers Lulu Smith, Wright, Pate, Samuel and Jamie Smith. Also present were Kyle Hayes; City Manager, Tyrone Cooper; City Attorney, Tina Broussard; Interim City Clerk. Proclamations, Presentations, Recognitions "Lifeshare Blood Centers Day" - June 22, 2007 - Proclamation read by Mayor Pro Tern Nancy Beaulieu; accepted by Diztorsha Jefferson, Donor Recruiter, Lifeshare Blood Centers and Debbie Medar "Walk Against Domestic Violence Day" - June 23, 2007 - Proclamation read by Councilmember Jamie Smith; accepted by Janet Walker, Executive Director, Family Services of Southeast Texas Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda. None CONSENT AGENDA Approval of minutes - June 12, 2007 Confirmation of committee appointments - Resolution 07-182 Norris Turnerwould be appointed to the Historical Landmark Commission. The term would commence June 19, 2007 and expire June 18, 2009. (Councilmember Jamie D. Smith) Minutes-June 19,2007 A) Authorize the City Manager to apply for and accept funding from the U.S. Department of Justice's Edward Byrne Memorial Discretionary Grant Program - Resolution 07-183 B) Approve a contract for construction of a rain water downspout collection system at the Sterling Pruitt Activity Center- Resolution 07-184 C) Authorize the acceptance of a ten (10)foot wide water line easement providing access for fire prevention services for the Paradise Missionary Baptist Church property on Highway 124, also known as Fannett Road - Resolution 07-185 D) Approve a contract for concrete raising and rehabilitation services - Resolution 07-186 E) Approve a contract for the purchase of ready-mix concrete and cement stabilized base - Resolution 07-187 F) Authorize the City Manager to execute letters of understanding with Tri-Con, Inc., Sun Coast Resources, Inc. and Macro Oil Company who would provide fuel to the City of Beaumont during a declared disaster- Resolution 07-188 Mayor Pro Tern Beaulieu made a motion to approve the Consent Agenda. Councilmember Wright seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS LULU SMITH, WRIGHT, PATE, SAMUEL AND JAMIE SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Conduct an election of Mayor Pro Tempore. The City Council shall elect one of its members as Mayor Pro Tempore for a one (1)year term.The Mayor Pro Tempore shall perform the duties of the Mayor in case of the absence or inability of the Mayor to perform the duties of the office, and, if a vacancy occurs, shall become Mayor for the unexpired term. If the Mayor Pro Tempore is unwilling to assume the duties of Mayor in the event of a vacancy in that office, then the City Council shall appoint a Mayor Pro Tempore from its membership. Mayor Pro Tern Beaulieu moved to APPROVE THAT COUNCILMEMBER AUDWIN SAMUEL IS ELECTEDAS MAYORPROTEM FORAONE(1)YEARTERM. Councilmember Lulu Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS LULU SMITH, WRIGHT, PATE, SAMUEL AND JAMIE SMITH NAYS: NONE MOTION PASSED Page 2 of 10 Minutes-June 19,2007 RESOLUTION 07-189 Mayor Pro Tem Samuel thanked the council for allowing him to serve once again, he also requested that a workshop be held on what is the criteria, and the process of electing a Mayor Pro Tem. 2. Consider amending Chapter 26 of the Code of Ordinances related to traffic. Administration recommended approval of the amendments proposed forChapter26 of the Code of Ordinances. At a worksession on January 16, staff discussed the process to be used to update the Code of Ordinances. In accordance with the process that was put in place, the proposed changes to Chapter 26, related to traffic, were provided to the City Council for review. Following the plan, Chapter 26 is being brought forward for consideration and approval. In addition to the changes previously presented, staff is recommending an amendment to Section 26-98, in order to clarify intent. The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating Budget. Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 26,ARTICLE I,SECTION 26-1,26-5 AND 26-6,SUBSECTIONS 26-11(A),AND SECTION 26-13,ARTICLE III, DIVISION 1,SECTIONS 26-41,26-43,26-45.1,AND 26-46,ARTICLE III,DIVISION 2,SECTION 26-60,SUBSECTION 26-62(A)AND SECTION 26-68,ARTICLE IV,SECTION 26-90,SUBSECTIONS 26-92(A),(C),(D)AND(E),26-93(B)AND(C),SECTIONS 26-94 AND 26-95, SUBSECTIONS 26-96(C)AND 26-97(B),AND SECTION 26-98;AND REPEALING ARTICLE I,SECTION 26-7 THROUGH 26-9, ARTICLE III, DIVISION 1, SUBSECTION 26-48 (D) AND SECTION 26-49, ARTICLE III, DIVISION 2, SECTIONS 26-61 AND 26-65, AND ARTICLE IV, SECTION 26-99 OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL;AND PROVIDING A PENALTY. Councilmember Lulu Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS LULU SMITH, BEAULIEU,WRIGHT, PATE, AND JAMIE SMITH NAYS: NONE MOTION PASSED ORDINANCE NO. 07-069 3. Consider authorizing the City Manager to execute a service agreement for providing water and sanitary sewer for a 220 acre proposed development located outside the city limits on Knauth Road in Port Arthur. Administration recommended approval of an agreement with Roy Breaux Properties, Port Arthur, Texas, to provide water and sanitary sewer services for a 220 acre proposed development located outside the city limits on Knauth Road in Port Arthur. The property is partially bounded by Knauth Road to the south and extends between West Port Arthur Road and Hebert Road to the west. Page 3 of 10 Minutes-June 19,2007 The 220 acre proposed development is located in the Port Arthur service area with 217 acres located in the Beaumont Independent School District. The City of PortArthur's water and sanitary sewer facilities are located 2.68 miles from the development and it is not cost effective to extend the water and sanitary sewer infrastructure to serve the property. Based on this information, the City of Port Arthur granted the City of Beaumont permission to serve the development. Phase I of the project will construct approximately 384 lots that will benefit the housing shortage in the area and contribute to the economical growth. Phase II of the project includes 32 acres of commercial development. The City of Beaumont's facilities are located 0.38 miles from the site and the water and wastewater treatment capacities are available. The City of Beaumont will not participate in any construction costs and will only provide the services after the construction by Roy Breaux Properties is completed. The projected yearly revenue to the Water Department from Phase I is approximately $276,480. COuncilmember Beaulieu made a motion to APPROVE THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A SERVICE AGREEMENT WITH ROY BREAUX PROPERTIES,PORT ARTHUR, TEXAS, TO PROVIDE WATER AND SANITARY SEWER SERVICES FOR A 220 ACRE DEVELOPMENT OUTSIDE BEAUMONT CITY LIMITS ON KNAUTH ROAD IN PORT ARTHUR, TEXAS. Councilmember Lulu Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS LULU SMITH, BEAULIEU,WRIGHT, PATE,AND JAMIE SMITH NAYS: NONE MOTION PASSED RESOLUTION NO. 07-190 4. Consider approving a bid for asbestos abatement and demolition of 805 and 855 Crockett Street. Administration recommended the award of a bid for furnishing all labor, equipment, materials and supplies necessary to remove asbestos containing materials, demolish the buildings, and grade and level the sites. The low bid, submitted by Inland Environments, Ltd. of Port Arthur, in the amount of$88,727 is recommended for award. The buildings to be abated and demolished were declared dangerous structures and condemned by City Council on December 5, 2006, by Ordinance 06-079. Work is expected to commence by August 1,2007 and be completed within forty(40)days. All work will be conducted by Inland Environments, Ltd., therefore, no work will be subcontracted. Funds are available for this expenditure in the FY 2007 General Fund Budget. Page 4 of 10 Minutes-June 19,2007 Mayor Pro Tern Samuel made a motion to APPROVE THE BID SUBMITTED BY INLAND ENVIRONMENTS,LTD.PORT ARTHUR,TEXAS,FOR FURNISHING ALL LABOR,EQUIPMENT,MATERIALS AND SUPPLIES NECESSARY TO REMOVE ASBESTOS CONTAINING MATERIALS, DEMOLISH THE BUILDINGS,AND GRADE AND LEVEL THE SITES AT 805 AND 855 CROCKETT STREET IN THE AMOUNT OF $88,727 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS LULU SMITH, BEAULIEU,WRIGHT, PATE,AND JAMIE SMITH NAYS: NONE MOTION PASSED RESOLUTION NO. 07-191 5. Consider authorizing a contract for the Hayes Gully Drainage Improvement Project and approving Change Order No 1. Administration recommended approval and execution of a contract with Excavators and Constructors,LTD in the amount of$3,668,172.00 for Hayes Gully Drainage Improvements and approval of Change Order No. 1 in the amount of$1,207,331.90 reducing the contract amount to $2,460,840.10. On May 10, 2007, the City of Beaumont received three (3) bids for the Hayes Gully Drainage Improvement Project. The lowest bid was submitted by Excavators and Constructors, LTD in the amount of $3,668,172.00. A copy of the Bid Tabulation is attached. This bid exceeded the amount of funds budgeted for the project. The City and the Contractor agreed that a portion of the work totaling $1,207,331.90 would be removed from the contract through Change Order No. 1. This reduces the contract amount to $2,460,840.10 as shown in Change Order No. I. The work removed from the contract will be jointly constructed by the City and Jefferson County Drainage District No. 6 (DD#6). DD#6 has agreed to install the box culverts, as provided by the City, at the seven (7) road crossings that were removed from the contract. The following is a list of the locations: Lucas Street Taylor Street Tyler Street Wilson Street Fillmore Street Pierce Street Buchanan Street The City will backfill and resurface the roadways after DD#6 completes the installation of the box culverts at the road crossings. The estimated material cost of these seven (7) crossings is $280,000. MBE participation in the performance of the contract will be met by subcontracting with the certified MBE firms of Crabtree Barricade System, Inc.; American Remediation Option, Inc.; L.D. Construction; Rural Pipe and Supply, Inc.; and W & S Mire Trucking for a total amount of$505,000 which represents 21 percent of the adjusted contract amount. Page 5 of 10 Minutes-June 19,2007 The City budgeted $2,790,000 in the Capital Program to fund this project which is a joint participation project with the Texas Water Development Board(TWDB), DD#6 and the City of Beaumont. Councilmember Lulu Smith made a motion to APPROVE THE BID SUBMITTED BY EXCAVATORS AND CONSTRUCTORS, LTD FOR THE HAYES GULLY DRAINAGE IMPROVEMENT PROJECT IN THE AMOUNT OF $3,668,172, WITH CHANGE ORDER NO. 1 IN THE AMOUNT OF $1,207,331.90 DECREASING THE CONTRACT AMOUNT OF $2,460,840.10, BE ACCEPTED BY THE CITY OF BEAUMONT. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS LULU SMITH, BEAULIEU, WRIGHT, PATE,AND JAMIE SMITH NAYS: NONE MOTION PASSED RESOLUTION NO. 07-192 6. Consider approving a bid for the roof replacement at the Jefferson Theatre. Administration recommended the award of a bid to Williams Concrete dba Goodwin Roof of Center, Texas for the replacement of the roof at the Jefferson Theatre in the amount of $87,570 plus $2.50 per square foot for wood deck replacement. Bids were received on May 3, 2007 for furnishing all labor, equipment, materials and supervision for the replacement of the roof at the Jefferson Theatre. The roof was damaged by Hurricane Rita prior to the City assuming management of the building. After the storm, repairs were made under the direction of the Jefferson Theatre Preservation Society's insurance company, Ohio Casualty. The repairs were not successful and roof failures continued to cause additional leaks. Upon assuming management of the Theatre, a roofing consultant was hired to evaluate the roof. An infrared study was done to determine soft and wet materials below the roof membrane. The test indicated extensive roof failure. The Jefferson Theatre Preservation Society's insurance company was contacted and afterthey reviewed the study agreed that there were additional failures in the roof as the result of the damage sustained from Hurricane Rita. Specifications were developed and prices were requested for repairing only damaged areas and for replacement of the entire roof. Replacement of the entire roof is in the City's best interest as there are additional failures in the roof that were not the result of the damage from Hurricane Rita. In addition, a new roof will be windstorm certified, whereas a roof repair would not meet the wind requirements for certification. Goodwin is not a certified Minority Business Enterprise (MBE) company. Ohio Casualty will be responsible for reimbursing the City$44,375 plus additional costs if unforseen damage is discovered. The balance will be funded by the Capital Reserve Fund. Page 6 of 10 Minutes-June 19,2007 Mayor Pro Tern Samuel made a motion to APPROVE THE BID SUBMITTED BY WILLIAMS CONCRETE DBA GOODWIN ROOF OF CENTER, TEXAS, FOR THE REPLACEMENT OF THE ROOF AT JEFFERSON THEATRE IN THE AMOUNT OF $87,570, PLUS $2.50 PER SQUARE FEET FOR WOOD DECK REPLACEMENT, BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Lulu Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS BEAULIEU, LULU SMITH, WRIGHT, PATE,AND JAMIE SMITH NAYS: NONE MOTION PASSED RESOLUTION NO. 07-193 7. PUBLIC HEARING: Receive comments related to a proposal to establish a Reinvestment Zone for an area south of Lamar University and east of Highway 347 Public Hearing Opened at - 2:00 p.m. No Comments from the Public Public Hearing Closed at - 2:01 p.m. Consider approving an ordinance establishing a Reinvestment Zone for the purpose of offering economic incentives. Administration recommends Council approve an ordinance establishing a Reinvestment Zone for the purpose of offering economic incentives. Texas law allows cities to offer a variety of economic incentives for development and redevelopment. Such incentives allow Beaumont to be competitive in attracting new development as well as encouraging the expansion of existing industries. One important incentive that a city can offer is a tax abatement, or the foregoing of taxes in exchange for substantial capital investment and job creation. By Texas law, governmental entities wishing to offer tax abatements must do so in accordance with an adopted Tax Abatement Policy and the abatement must occur within an established Reinvestment Zone. The City's Tax Abatement Policy was last approved in April, 2006 and is in effect until April, 2008. The City and Jefferson County believe the area south of Lamar University and east of Highway 347 is very attractive for future developments based on land availability, highway frontage and proximity to the Neches River. The creation of a Reinvestment Zone would allow the City, Beaumont ISD and Jefferson County to provide possible tax abatements if in fact this area develops. This proposed ordinance would establish the required Reinvestment Zone. Mayor Pro Tern Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE DESIGNATING AN AREA AS A REINVESTMENT ZONE PURSUANT TO THE TEXAS REDEVELOPMENT AND TAX ABATEMENT ACT(TEXAS TAX CODE, CHAPTER 312); PROVIDING TAX INCENTIVES; AND Page 7 of 10 Minutes-June 19,2007 DESIGNATING A LIAISON TO ACT ON ALL MATTERS PERTAINING TO THE REINVESTMENT ZONE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS LULU SMITH, BEAULIEU,WRIGHT, PATE,AND JAMIE SMITH NAYS: NONE MOTION PASSED ORDINANCE NO. 07-070 Mayor Ames read the announcement regarding the Executive Session to be held at the conclusion of the General Business portion of the meeting. COUNCILMEMBER COMMENTS COUNCILMEMBER JAMIE SMITH- COMMENTED ON THE CONCERT IN THE PARK,THANKED THE PARKS AND RECREATION DEPARTMENT FOR A GREAT JOB, ALSO ANNOUNCED THAT THE NEXT CONCERT IN THE PARK WOULD BE JULY 22, 2007 AT MAGNOLIA PARK COUNCILMEMBER BEAULILEU - CONDOLENCES TO THE COKINOS FAMILY, COMMENTED ON THE BEAUTIFUL CHURCH SERVICE AT ST. MICHAEL'S CHURCH,COMMENTED ON THE REMOTE ENCODING CENTER, WOULD ALSO LIKE TO SEE THE ENCODING CENTER STAY IN THE CITY AS LONG AS POSSIBLE COUNCILMEMBER WRIGHT- CONDOLENCES TO THE COKINOS FAMILY, SPOKE REGARDING HIS SERVICE WITH THE CITY OF BEAUMONT, DISCUSSED THE VISIT BY THE SECRETARY OF STATE, ALSO SPOKE REGARDING THE REMOTE ENCODING CENTER AND THE 900 JOBS THAT THE CITY WILL BE LOSING,WOULD LIKE TO SEE THE COUNTY AND THE CITY WORK TOGETHER TO KEEP THE REMOTE ENCODING CENTER OPEN AS LONG AS POSSIBLE, INQUIRED AS TO HOW COUNCIL COULD FREEZE PROPERTY TAX FOR THE ELDERLY,SPOKE REGARDING THE UNFORTUNATE SITUATION THAT OCCURRED AT FORD PARK DURING THE JUNETEENTH CELEBRATION, ALSO SPOKE ON WHAT JUNETEENTH MEANT TO HER COUNCILMEMBER PATE - CONGRATULATED COUNCILMEMBER SAMUEL ON BEING ELECTED MAYOR PRO TEM, ALSO REMEMBERED ANOTHER MAYOR PRO TEM THAT SERVED THE CITY,ANDREW COKINOS WHO PASSED AWAY THIS PAST WEEK, COUNCILMEMBER COKINOS WAS MAYOR PRO TEM TWICE, CONDOLENCES TO THE COKINOS FAMILY, REMINDED EVERYONE THAT THERE ARE SCHOOL ZONES THAT ARE STILL OPERATING, SUMMER SCHOOL IS IN SESSION Page 8 of 10 Minutes-June 19,2007 MAYOR PRO TEM SAMUEL - URGED THOSE THAT CAN PARTICIPATE IN THE WALK AGAINST DOMESTIC VIOLENCE TO PLEASE DO SO, INQUIRED AS TO WHEN THE WORKSHOP WOULD TAKE PLACE FOR THE RE-INVESTMENT ZONE FOR THE OLDER AREA OF THE CITY, AS WELL AS A WORKSHOP TO REVIEW THE EMERGENCY MANAGEMENT PLAN, ALSO DISCUSSED THE NATIONAL MEETING OF THE CRIME PREVENTION SERVICES CONFERENCE HE ATTENDED COUNCILMEMBER LULU SMITH - NONE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR AMES - CONDOLENCES TO THE COKINOS FAMILY, SERVED WITH COUNCILMEMBER COKINOS IN THE CAPACITY OF AT-LARGE FOR 13 YEARS, COUNCILMEMBER COKINOS WAS DEDICATED TO THIS CITY AND HIS CONSTITUENTS, DISCUSSED THE VISIT OF THE SECRETARY OF STATE, CONGRATULATED MAYOR PRO TEM SAMUEL Public Comments (Persons are limited to three minutes) Norris Turner 2454 Roman St. Beaumont TX Spoke on behalf of the Brickyard Neighborhood Association, with a complaint regarding a concrete company in their area that is creating a disturbance Rev. G.W. Lewis 2710 Campbell St. Beaumont TX Congratulated Mayor and Council,also congratulated Mayor Pro Tern Samuel;represented the North End Brickyard Neighborhood Association along with St. Luke Missionary Baptist Church, with a complaint regarding a piece of property on the corner of Santa Fe and Dollinger, requested that something be done to get this property cleaned Frank Kiefer 3190 Willowood Beaumont TX Thanked Councilmember Wright for inquiring about the property tax freeze for senior citizens, discussed the widening of Concord road, and the land that is available for development off of Concord Bruce Hoffer 2615 Gladys Beaumont TX Thanked the City for the painting of the water tower, encourage the City to put signs up at the other soccer fields to inform citizens that there are other soccer fields throughout the Ctiy, also the street is buckling on Delaware and Interstate-10, and congratulated the new Councilmembers Page 9 of 10 Minutes-June 19,2007 Rev. J.D. Roberts 5475 Landry Ln. Beaumont TX Congratulated the newly elected council, congratulated Audwin Smauel on being elected Mayor Pro Tem, asked council to focus on representing the entire City Paul Brown Congratulated the Mayor and Council on their being elected to Council,discussed the bond issue for BISD,thanked Couuncilmember Wright regarding her comments on Juneteenth, stated that he was recently elected as the President of the NAACP, discussed the notification of cleaning properties that are abandoned, asked that the abandoned property at 2375 Pear St. be cleaned, thanked Councilmember Lulu Smith for her years of service Benny Mendoza 5655 S. Kenneth Beaumont TX Condolences to the Cokinos family, asked that the College Corridor Neighborhood Association be cleaned up Open session of meeting recessed at 2:42 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Glenn McNeel vs. The City of Beaumont Claim of Brian Perdue Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Clerk There being no action taken in Executive Session, Council adjourned. Audio recordings are available upon request in the City Clerk's Office. Becky Ames, yor B Tina Broussard, Interim City Clerk r W VA. Page 10 of 10 Minutes-June 19,2007