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HomeMy WebLinkAboutMIN MAR 18 2008 M I N U T E S - CITY OF BEAUMONT W.L. Pate, Jr.,At-Large BECKY AMES, MAYOR Gethrel Williams-Wright, At-Large Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Ward 11 Audwin Samuel, Mayor Pro Tem,Ward III March 18, 2008 Jamie Smith, Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk The City Council of the City of Beaumont,Texas, met in a regular session on March 18,2008,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 2-8/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Troy Allen of Star Light Missionary Baptist Church gave the invocation. MayorAmes led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Samuel, Councilmembers Coleman, Beaulieu,Wright, Pate and Smith. Also present were Kyle Hayes, City Manager;Tyrone Cooper,City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled agenda items 2-8/Consent Agenda. None CONSENT AGENDA Approval of minutes - March 4, 2008 Confirmation of committee appointments - None A) Approve the purchase of PVC water pipe for improvements to be made at the Municipal Airport - Resolution 08 - 068 B) Authorize the City Manager to increase the Loeb Radio Towers Project for "extra work" - Resolution 08 - 069 Minutes-March 18,2008 C) Authorize the City Manager to execute a Lease Agreement for use of property located at 8155 Phelan for an EMS station - Resolution 08 - 070 D) Authorize the City Manager to establish a Memorandum of Understanding(MOU)with the U.S. Department of Energy Strategic Petroleum Reserve (DOE) - Resolution 08 - 071 E) Authorize the City Manager to renew the loan agreement with the National Museum of the United States Air Force for the jet located at Babe D. Zaharias Park- Resolution 08 -072 F) Authorize the acceptance of a ten (10)foot wide water line easement providing access for fire prevention services for the new Comfort Suites Hotel property at 5955 Walden Road - Resolution 08 - 073 Mayor Pro Tern Samuel made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a request for an amendment to the City of Beaumont Zoning Ordinance,Chapter 30, to allow electronic reader board owner identification signs as an attachment to or part of a detached owner identification sign. Administration recommended approval of a request for an amendment to the City of Beaumont Zoning Ordinance, Chapter 30, to allow electronic reader board owner identification signs as an attachment to or a part of a detached owner identification sign. The Planning Division has had a number of requests and inquires for and about electronic reader board signs for many years. The Zoning Ordinance prohibits signs with flashing lights or intermittent illumination, except for electronic billboards. When a requests for electronic reader board signs have been made, they have been denied based upon the aforementioned prohibition. At a Joint Public Hearing held February 18, 2008, the Planning Commission voted 5:0 to recommend denial of a request to amend the Zoning Ordinance. On February 26, 2008, City Council held a worksession related to this issue, administration recommended approval of amending the zoning ordinance to allow electronic reader board owner identification signs as an attachment to or a part of a detached owner identification sign, the proposed ordinance presented states that message copies may change no more than once every five minutes. Page 2 of 11 Minutes-March 18,2008 1 Councilmember Beaulieu moved to ADOPT AN ORDINANCE AMENDING ARTICLE I,CHAPTER 30- SECTION 30-4(b); ARTICLE II, SECTIONS 30-23(b); 30-23(f)3b(iii); 30-23(f)3d(iv); 30- 23(f)4a.(iii);30-23(f)4c(v);30-23.1(b); 30-23.1(f)4b(iii); 30-23.1(f)5a2(iv);30-23.1(f)5b1(iv); 30-23.1(f)5c; ARTICLE 111, SECTIONS 30-28(b)1.c; 30-28(b)3.d; 30-28(c)1.c; 30-28(f); and adding 30-28(c)3.4; PROVIDING FOR OWNER IDENTIFICATION ELECTRONIC READER BOARD SIGNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 021 2. Consider authorizing the participation of the City of Beaumont with other Entergy Texas, Inc. service area cities to intervene in proceedings before the Public Utilities Commission of Texas and the Federal Energy Regulatory Commission for the calendar year 2008. Administration recommended the adoption of a resolution authorizing the City of Beaumont to participate with other Entergy Texas, Inc. service area cities and to intervene in proceedings filed by ETI before the Public Utilities Commission of Texas and the Federal Energy Regulatory Commission for the calendar year 2008. Over the years, the City of Beaumont has joined with other cities in what has become the Entergy Texas Inc. service area in participating in proceedings before the Public Utilities Commission of Texas involving various rate and fuel matters filed by ETI,over the last several years the City has adopted a resolution similar to the one proposed authorizing the City of Beaumont to continue to participate with the other area cities in the various cases that the company has filed and is expected to file in the year 2008. This participation is necessary to assure reasonable rates and charges and fair competition to all customer classes of Entergy Texas, Inc. within the service area cities. The actions of the participating cities intervening in these matters are accomplished pursuant to the direction of a Cities' Steering Committee of which the City of Beaumont is a member. The Cities' Steering Committee will retain rate consultants, attorneys and other representatives who will represent the cities' interest in the above proceedings. The law provides that all reasonable expenses associated with rate matters will be reimbursable by the company as they have been in the past. Councilmember Coleman made a motion to APPROVE A RESOLUTION OF THE CITY COUNCIL OF BEAUMONT, TEXAS,AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY TEXAS, INC.AT THE PUBLIC UTILITY COMMISSION OF TEXAS IN 2008. Councilmember Pate seconded the motion. Page 3 of 11 Minutes-March 18,2008 AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 074 3. Consider adopting the Reinvestment Zone Tax Abatement Policy for the City of Beaumont. Administration recommended City Council approve the Reinvestment Zone Tax Abatement Policy for the City of Beaumont. The City of Beaumont's Reinvestment Zone Tax Abatement Policy is adopted every two years by the City Council and was last adopted on April 4, 2006. The proposed Reinvestment Zone Tax Abatement Policy remains unchanged from that last adopted in 2006, except that the policy's title is now specific to Beaumont's Reinvestment Zone, so as to distinguish it from our Neighborhood Empowerment Zone Incentive Policy which offers a variety of incentives, including tax abatements, but only within designated Neighborhood Empowerment Zones. The policy provides criteria for eligibility and implementation in accordance with Texas Tax Code, Chapter 312, otherwise known as the Property Redevelopment and Tax Abatement Act, governing property tax abatement agreements. All applications are considered on a case-by-case basis.Approval of abatements within the Reinvestment Zone is contingent upon final consideration and action by the City Council. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE ADOPTION OF THE CITY OF BEAUMONT'S REINVESTMENT ZONE TAX ABATEMENT POLICY. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 075 4. Consider approving the purchase of a truck and a dump truck for use in the Public Works Department. Administration recommended the purchase of a 2009 International truck forthe Solid Waste Division and a 2009 International dump truck for Streets and Drainage. Both vehicles will be purchased through the Houston-Galveston Area Council(H-GAC)Cooperative Purchasing Page 4 of 11 Minutes-March 18,2008 Program from Santex Truck Center in Houston,Texas. The truck will be ordered at a cost of $93,185 and the dump truck will cost $116,350, for a total purchase price of $209,535. The truck for Solid Waste is a cab and hitch unit with hydraulic power to raise an attached trailer in order to dump the waste. The truck and trailer will be used by the Yard Waste Division for large brush and tree trunk removal in residential areas. The fourteen (14) cubic yard dump truck will be used by Streets and Drainage to haul construction material such as asphalt, road base material and sand. This truck will be replacing unit 3177, which is a 1987 International 14-yard dump truck. This truck will be disposed of according to the City's surplus equipment disposal policy. Funds are budgeted in the Solid Waste Fund and Capital Reserve Fund, respectively. Mayor Pro Tern Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF A 2009 INTERNATIONAL TRACTOR IN THE AMOUNT OF $93,185 FOR THE SOLID WASTE DIVISION AND A FOURTEEN (14) CUBIC YARD 2009 INTERNATIONAL DUMP TRUCK FOR STREETS AND DRAINAGE IN THE AMOUNT OF $116,350 FOR A TOTAL COST OF $209,535 FROM SANTEX TRUCK CENTER IN HOUSTON, TEXAS THROUGH THE HOUSTON-GALVESTON AREA COUNCIL (H-GAC) COOPERATIVE PURCHASING PROGRAM. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 076 5. Consider approving the purchase of three excavators for use in the Water Department Administration recommended the purchase of three (3) compact rubber track excavators through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program. These excavators will be ordered from CLM Equipment Company of Houston, Texas for a total price of$104,718.05. The Water Utilities Department will use these excavators daily to repair and maintain sewer lines. They are narrow in design for use in limited space conditions,such as alleys and rights- of-way in residential areas. The new excavators will be delivered within twenty-one (21) days of the order. Funds are budgeted in the Water Utilities Fund. Page 5 of 11 Minutes-March 18,2008 Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF THREE(3)COMPACT RUBBER TRACK EXCAVATORS FOR A TOTAL COST OF $104,718.05 FOR THE WATER UTILITIES DEPARTMENT THROUGH THE HOUSTON-GALVESTON AREA COUNCIL (H-GAC) COOPERATIVE PURCHASING PROGRAM. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 077 6. Consider approving a contract for improvements to Caldwood Park and Chaison Park Administration recommended that a contract be awarded to Bruce's General Construction, Inc., of Beaumont,Texas in the amount of$105,000 and that Change Order No. 1 be executed for a deduction of $2,100. Four (4) bids were received for furnishing all labor, materials, equipment and supplies to provide specified improvements at Caldwood and Chaison Parks and to prepare both sites for the installation of new playground equipment. The improvements are designed to enhance the appearance and accessibility of each Park. The alterations include modifying the wooden shelter columns, repairing and replacing picnic tables and park benches, as well as installing ADA compliant sidewalks, borders, and entrances. Change Order No. 1 reflects a deduction of$2,100 due to the reduction in the size of the playground area. The credit was requested because the original cost of playground equipment exceeded available funding. The net cost after the execution of Change Order No. 1 is $102,900. Bruce's General Construction is a certified Minority Business Enterprise company. Funds are available in the Capital Reserve Fund. Councilmember Coleman made a motion to APPROVEA RESOLUTION THAT THE BID SUBMITTED BY BRUCE'S GENERAL CONSTRUCTION, BEAUMONT, TEXAS, FOR A CONTRACT TO FURNISH ALL LABOR, MATERIALS, EQUIPMENT AND SUPPLIES TO PROVIDE SPECIFIED IMPROVEMENTS AT CALDWOOD AND CHAISON PARKS AND TO PREPARE BOTH SITES FOR THE INSTALLATION OF NEW PLAYGROUND EQUIPMENT IN THE AMOUNT OF$105,000;AND THAT CHANGE ORDER NO. 1 IN THE AMOUNT OF$2,100 DECREASING THE CONTRACT AMOUNT TO$102,900 DUE TO THE REDUCTION IN SIZE OF THE PLAYGROUND AREA BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. Page 6 of 11 Minutes-March 18,2008 AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 078 7. Consider approving the purchase of playground equipment for Caldwood Park and Chaison Park Administration recommended the purchase and installation of two(2)GameTime play units from Total Recreation Products, Inc. of Cypress,Texas through the BuyBoard contract in the amount of $60,647.11. Total Recreation Products, Inc.of Cypress,Texas is a BuyBoard contracted vendorthatwill provide identical GameTime PowerScape Plus play units at each Park over a twelve(12)inch deep cushion layer of engineered wood fiber. Once settled,this base forms a compact layer that will support wheelchairs, crutches, and walkers enhancing the accessibility of the new playground equipment. Funds are available in the Capital Reserve Fund. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF TWO (2) GAMETIME PLAY UNITS FOR CALDWOOD PARK AND CHAISON PARK FROM TOTAL RECREATION PRODUCTS, INC. IN THE AMOUNT OF$60,647.11 THROUGH THE TEXAS ASSOCIATION OF SCHOOL BOARDS (TASB) BUYBOARD COOPERATIVE PURCHASING PROGRAM. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 079 8. Consider approving a payment for emergency environmental services at 3700 Highland Avenue. Administration recommended payment for emergency environmental services at 3700 Highland Avenue in the amount of$92,731.14 to Texas Environmental Resources, Inc., of Beaumont. Page 7 of 11 Minutes-March 18,2008 On March 29,2007,City Council condemned 3700 Highland Avenue,formerly know as Lamar Theatre. After condemnation,an asbestos survey,and asbestos abatement,the demolition began on January 3, 2008. When the demolition was complete, City staff received a complaint that the remaining soil was very black and there was a concern that it could be contaminated. Samples were taken of the soil and silk screening was placed around the site for extra precaution. The soil was found to be a Class 2 Non Hazardous Industrial Waste that may be accepted by municipal landfills in Texas. Over a twelve day period,Texas Environmental Resources, Inc.,excavated and transported the material from the site to the City of Beaumont landfill for proper disposal and brought in new dirt to fill the area. State of Texas statutes provide an exemption to competitive bidding if the procurement is necessary to preserve or protect public health and safety. Funds are available for this expenditure in the FY 2008 General Fund Budget. A lien in the amount of the cost of demolition and environmental services will be filed against the property on which the building was located. Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PAYMENT OF$92,731.14 TO TEXAS ENVIRONMENTAL RESOURCES,INC. OF BEAUMONT,TEXAS,FOR EMERGENCY ENVIRONMENTAL SERVICES AT 3700 HIGHLAND AVENUE. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 080 WORKSESSION Review and discuss the recruitment and hiring of Police officers Police Chief Frank Coffin and Lieutenant Mark Pierce of the Beaumont Police Department, discussed personnel hiring procedures within the department. Chief Coffin stated that the department is 7%short of it's total workforce. Lieutenant Pierce discussed the hiring process, minimum standards and requirements as well as background disqualifilers. Both the Chief and Lieutenant Pierce spoke about the recruiting process as well as a need to improve minority recruiting. Receive and discuss a proposal to develop an integrated Public Children's Library and Non-Profit Children's Museum inside the Main Public Library located downtown at 801 Pearl Street Page 8 of 11 Minutes-March 18,2008 The Board of Directors of the Beaumont Public Children's Library and Non-Profit Children's Museum staff presented a slide show presentation to Council as well as a proposal to partnership with the City of Beaumont in developing an integrated Public Children's Library and Non-Profit Children's Museum. The staff also stated that after viewing many properties in the downtown Beaumont Museum area, the downtown library would be the perfect fit for the public/private collaboration in both its geographic location as well as its structure,the ground level and lower level would be public access or"free zones"and the upper level would be the exhibit area or"ticket zone." The staff also discussed the research that was put into this project, summarized the organization, spoke regarding their board of directors,what this museum would offer the children, and why they found it necessary to have a museum in Beaumont. PUBLIC COMMENTS - MUSEUM Gwin Genn 1410 Infinity Lane Beaumont TX Spoke regarding the integrated Public Children's Library and Non-Profit Children's Museum and replacing the present public library, asked if the library was built with bond issue money Bruce Hoffer 2615 Gladys Beaumont TX Commented on the integrated Public Children's Library and Non-Profit Children's Museum, is in agreement that the library should be in the present library located down town Bill Faucett 1125 Ivy Lane Beaumont TX Spoke regarding the Public Children's Library and Non-Profit Children's Museum and displacing the downtown library, stated that the museum would be great but just not down town Gracie Middletown 1585 Auburn Beaumont TX Spoke on the worksession regarding the Non-Profit Children's Museum,the museum would be a great idea but opposes the idea of it being placed in the downtown museum Councilmember Wright Spoke on behalf of Dora Nisby who would also like to see the children's museum but not at the downtown ow public library facility Page 9 of 11 Minutes-March 18,2008 COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - THANKED EVERYONE FOR THEIR SUPPORT DURING THE WARD IV CLEAN UP AS WELL AS THE STAFF MEMBERS, ENJOYED MS.BERNICE POWELL'S 85TH BIRTHDAY PARTYAT OUR MOTHER OF MERCY CATHOLIC CHURCH,COMMENTED ON THE NATIONAL LEAGUE OF CITIES CONFERENCE THAT WAS ATTENDED IN WASHINGTON, D.C. MAYOR PRO TEM SAMUEL - ANNOUNCED A NORTH END CLEAN UP ON APRIL 5, 2008 FROM 8:00 A.M. TO 1:00 P.M., COMMENTED ON THE NATIONAL LEAGUE OF CITIES CONFERENCE IN WASHINGTON D.C., AND FUNDS THAT WERE REQUESTED FROM THE FEDERAL GOVERNMENT FOR THE CITY OF BEAUMONT COUNCILMEMBER PATE - COMPLIMENTED COUNCILMEMBER SMITH ON THE WARD IV CLEAN UP, LOOKING FORWARD TO THE NORTH END CLEAN UP, COMMENTED ON THE NATIONAL LEAGUE OF CITIES CONFERENCE THAT WAS ATTENDED IN WASHINGTON D.C., COMPLIMENTED THE LAMAR UNIVERSITY BASKETBALL TEAM COUNCILMEMBER WRIGHT - THANKED CHIEF COFFIN AND THE POLICE DEPARTMENT FOR THE WORKSESSION ON POLICE RECRUITMENT AND HIRING PROCESS,THANKED COUNCILMEMBER SMITH ON A GREAT JOB FOR THE WARD IV NEIGHBORHOOD CLEAN UP, THANKED THOSE ON COUNCIL FOR ASSISTING HER WHILE ATTENDING THE NATIONAL LEAGUE OF CITIES CONFERENCE IN WASHINGTON D.C., COUNCILMEMBER BEAULIEU - ANNOUNCED THAT THE AMELIA NEIGHBORHOOD ASSOCIATION WILL BE HAVING A CLEAN UP IN THE NEAR FUTURE;COMMENTED ON THE NATIONAL LEAGUE OF CITIES CONFERENCE IN WASHINGTON D.C. COUNCILMEMBER COLEMAN - CONGRATULATED THE MAYOR AND HER COMPANY, ATRIA COLLIER PARK WHO WAS RANKED IN THE TOP 10% OF COMPANIES, CONGRATULATIONS TO COUNCILMEMBER SMITH ON HIS WARD IV CLEAN UP, THANKED THE POLICE DEPARTMENT FOR KEEPING THE CITY SAFE AND FOR THE GREAT WORKSESSION CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE Page 10 of 11 Minutes-March 18,2008 MAYOR AMES - COMMENTED ON THE NATIONAL LEAGUE OF CITIES CONFERENCE IN WASHINGTON D.C., AS WELL AS THE LIBRARIES THAT WERE BUILT WITH CDBG FUNDS, COMMENTED ON THE WARD IV CLEAN UP,CHALLENGED ALL CITIZENS OF THE CITY OF BEAUMONT TO CALL ONE OF THE COUNCILMEMBERS AND ASKED TO BE A PART OF THEIR WARD CLEAN UP,ALSO MENTIONED THE REVITALIZATION OF THE KEEP BEAUMONT BEAUTIFUL COMMISSION, COMMENTED ON THE LIBRARY AND THE CHILDREN'S MUSEUM Public Comments (Persons are limited to three minutes) Willie Lee Jordan 2008 Cartwright Beaumont TX Spoke regarding her home located at 2008 Cartwirght that is up for demolition, there is 10% worth of repairs left to complete, asked that Council consider giving them more time Bruce Hoffer 2615 Gladys Beaumont TX Announced that on April 5, 2008 the soccer team will be having their first weekend of the soccer season, also there is a hike and bike trail sign out at the complex, welcomed everybody to come out and use the facility,commented on the police department using video cameras in the patrol cars asked that the police make more of an effort to zoom in on the citizens face Robert Prados 1090 Ave. H Beaumont TX Spoke regarding the police recruiting, also asked if the City still had a citizen review board, also spoke about the new projects that are happening in Beaumont and asked that the City use local contractors, There being no Executive Session, Council adjourned at 2:55 p.m.. Au o tapes are available upon request in the City Clerk's Office. o Becky Ames, r UAW AA i Tina Broussard, City Clerk �,� � � # Page 11 of 11 Minutes-March 18,2008