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Home My WebLink AboutMIN APR 15 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 II Audwin Samuel, Mayor Pro Tem,Ward III April 15, 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 April 15, 2008, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 11:00 a.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 1-7/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 11:10 a.m. Pastor Johnathan Elms of the Apostolic Church gave the invocation. Mayor Ames 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 "Fortieth Anniversary of Some Other Place" - Proclamation read by Councilmember Beaulieu; Accepted by: Paula O'Neal, Executive Director, Some Other Place "Sixtieth Neches River Festival Week"-April 15-27, 2008, Proclamation read by Mayor Ames; Accepted by: Bill Benning, President Neches River Festival Larry Custer with Sam's Club - presented a cake to Mayor and Council in celebration of Sam's 25th Anniversary. Ribbon Cutting ceremony will be Friday,April 18, 2008 at 9:00 a.m. Public Comment: Persons may speak on scheduled agenda items 1-7/Consent Agenda. Galen Key 3855 Kings Row Beaumont TX Spoke regarding Item#1 on the Agenda,encouraged Council to appoint Anne Huff as the new Fire Chief Minutes-April 15,2008 CONSENT AGENDA Approval of minutes - April 8, 2008 Confirmation of committee appointments - None A) Approve the purchase of a loader backhoe for use in the Parks and Recreation Department- Resolution 08 - 109 B) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Metropolitan Park Subdivision, Phase I - Resolution 08 - 110 C) Authorize the acceptance of a ten (10)foot wide water line easement providing access for fire prevention services for Odom Academy - Resolution 08 - 111 Councilmember Beaulieu made a motion to approve the Consent Agenda. Councilmember Coleman 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 confirming the appointment of Anne Huff as Fire Chief. The City Manager recommended approval of confirming the appointment of Anne Huff as Fire Chief. Anne Huff was appointed by the City Manager as Fire Chief on March 31, 2008. According to State Law, the Fire Chief and Police Chief are appointed by the municipality's chief executive and confirmed by the municipality's governing body. Chief Huff has worked in the Beaumont Fire Department since 1986 and has served as a Firefighter, Driver/Operator, Captain and a District Chief. She has had an outstanding career in the Fire Department and has extensive knowledge of the fire service. Mayor Pro Tern Samuel moved to APPROVE A RESOLUTION THAT THE APPOINTMENT OF ANNE HUFF AS FIRE CHIEF FOR THE CITY OF BEAUMONT BY THE CITY MANAGER BE AND THE SAME IS HEREBY CONFIRMED. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH Page 2 of 12 Minutes-April 15,2008 NAYS: NONE MOTION PASSED Resolution 08 - 112 2. Consider authorizing the award of a contract for the School Sidewalk Program. Administration recommended awarding the contract for the School Sidewalk Program (McLean Street, Greeves to Landis; Major Drive, Drennen to Morgan Streert; Usan Street, West Virginia to Sarah Street and Sarah Street, Usan Street to Bob Street) to LD Construction of Beaumont in the amount of $770,464.00. On April 3, 2008, the City of Beaumont received three (3) bids for the School Sidewalk Program (McLean Street, Greeves to Landis; Major Drive, Drennen to Morgan Streert; Usan Street, West Virginia to Sarah Street and Sarah Street, Usan Street to Bob Street). The lowest bid was submitted by LD Construction in the amount of$770,464.00. The Engineering estimate for the project before receipt of the bid was $1,000,000.00. The recommended low bidder is a certified Minority Business Enterprise (MBE). Funds are available in the Capital Program. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY LD CONSTRUCTION FOR A CONTRACT FOR THE SCHOOL SIDEWALK PROGRAM (MCLEAN STREET,GREEVES TO LANDIS;MAJOR DRIVE,DRENNEN TO MORGAN STREET;USAN STREET,WEST VIRGINIA TO SARAH STREET AND SARAH STREET,USAN STREET TO BOB STREET)IN THE AMOUNT OF$770,464 BE ACCEPTED BY THE CITY OF BEAUMONT. 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 - 113 3. Consider authorizing the acquisition of property in the 3500 Block of East Lucas for a new community center. Administration recommended authorization to acquire the property located in the 3500 Block of East Lucas for the sum of $50,000 from the Diocese of Beaumont. The Most Rev. Curtis J. Guillory, Bishop of the Diocese of Beaumont,owner of the property, has agreed to accept the appraised value for the property. Page 3 of 12 Minutes-April 15,2008 Description 1.501 acre tract out of the A. Williams Survey, Abstract 385, Beaumont, TX Appraiser Bishop Real Estate Appraisers, Inc. Total Appraised Value $50,000 Owner Diocese of Beaumont The property to be purchased is east of the Elmo Willard Library located on the corner of East Lucas and Helbig Road with frontage on E. Lucas. A new community center similar in design to the new community center at Central Park will be constructed on this site. Funds for the purchase of the property are available in the Capital Reserve Fund. Mayor Pro Tern Samuel made a motion to APPROVE A RESOLUTION THATTHE AGREEMENT HAS BEEN NEGOTIATED IN THE AMOUNT OF$50,000 FOR THE ACQUISITION OF LOAN LOCATED IN THE 3500 BLOCK OF EAST LUCAS, BEING A 1.501 ACRE TRACT OUR OF THE A. WILLIAMS SURVEY, ABSTRACT 385, BEAUMONT, TEXAS, FOR CONSTRUCTION OF A NEW COMMUNITY CENTER. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 114 4. Consider approving a contract for reconstruction of homes damaged by Hurricane Rita. Administration recommended the award of a contract for the reconstruction of owner-occupied housing units to Lazer Homes Inc. of Houston, Texas for $791,318 and J.W. Turner Construction of Tomball, Texas for a total amount of $72,870. The Housing Division of the Community Development Department identifies single family homes that are eligible for federal grantfunding allocated to the Texas Department of Housing and Community Affairs(TDHCA)Disaster Program from the U.S. Department of Housing and Urban Development to remediate the unmet housing needs of Beaumont residents resulting from Hurricane Rita. Bids were solicited from four (4) construction contractors for the reconstruction of owner- occupied housing units. The reconstruction will be managed by George E. Johnson Development, Inc. of Houston and the City's Housing Division. Lazer Homes Inc.was the low bidder on eleven (11)locations and J.W. Turner Construction was low bidder on one location. Page 4 of 12 Minutes-April 15,2008 Funding will be provided by a federal grant from the U. S. Department of Housing and Urban Development allocated to the Texas Department of Housing and Community Affairs Disaster Recovery Program which requires no matching funds from the City. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE BIDS SUBMITTED BY LAZER HOMES OF HOUSTON, TEXAS IN THE AMOUNT OF $791,318 FOR ELEVEN (11) LOCATIONS AND J.W.TURNER CONSTRUCTION OF TOMBALL,TEXAS IN THE AMOUNT OF$72,870 FOR ONE (1) LOCATION BE ACCEPTED BY THE CITY OF BEAUMONT. 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 - 115 5. Consider authorizing the City Manager to increase the Rehabilitation of the Primary and Secondary Trickling Filters Project for "extra work". Administration recommended approval of increasing the Rehabilitation of the Primary and Secondary Trickling Filters Project amount by $124,179.00. The proposed changes to the contract will furnish labor, equipment and material to remove and replace four (4) existing flange and clean out covers with four(4)new flange and clean out covers. Replace 430 brass spreader plate assemblies including spreader plates, spacers, nuts and washers on the existing Secondary Trickling Filter No. 2 with new stainless steel assemblies. Make one(1) 9' by 40" patch, one (1) 8" by 17" patch with one hole on the outlet face of one tube. Repair 12 distribution tubes on the Secondary Trickling Filter No.2, including one(1)4'by 10'bottom replacement, three(3) 4' by 18'10" bottom replacements, two (2) 4' by 10' bottom replacements, and replace the front side of the distribution tubes including cutting orifice holes for the spreader plate assemblies. Replace the front side of eight (8) distribution tubes including cutting orifice holes for the spreader plate assemblies. Remove and replace the overflow splitter box slide gate. The proposed changes will increase the contract time by 80 calendar days.The additional days increases the total contract time to 595 calendar days.The proposed extra work will represent an increase of 8.30%of the original contract amount and a total increase of 15.74% of the original contract. The primary and secondary filters were originally built in 1952. The proposed additions and modifications to the trickling filters are mandated by equipment failure, increased flows during normal operational conditions and deteriorated structures and equipment. Resolution 06-325 in the amount of $1,496,254.00 was passed by City Council on October 24, 2006. Funds for the project are available in the Capital Program. Page 5 of 12 Minutes-April 15,2008 Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 3 IN THE AMOUNT OF $124,179 THEREBY INCREASING THE CONTRACT AMOUNT TO$1,731,883.35. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 116 6. Consider approving a resolution to provide for the reimbursement of costs incurred prior to issuance of up to $30 million in Certificates of Obligation or other tax exempt obligations planned for the summer of 2008. Administration recommended approval to provide for the reimbursement of costs incurred prior to issuance of up to $30 million in Certificates of Obligation or other tax exempt obligations planned for the summer of 2008. Up to a maximum of$30 million in Certificates of Obligation is expected to be issued in June 2008 to fund public works and general improvement projects that have been previously approved by the City Council and are listed in the Capital Program. At this time, the cash balance in the General Improvements Fund is approximately$1.5 Million and will be expended before June 2008. A resolution allowing for the reimbursement of costs is routine and will allow the City to move forward with the approved projects. It is the intent of the City to reimburse itself out of the proceeds of the obligations for all such costs which are paid prior to issuance. These costs shall include fees paid for engineering and other professional services, acquisition costs associated with obtaining materials and property, and construction and development costs. All debt and related expenses shall be incurred by the Debt Service Fund which is supported by property taxes. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES AND AUTHORIZES THE REIMBURSEMENT OF ALL COSTS INCURRED PRIOR TO AND IN ANTICIPATION OF THE ISSUANCE OF $30 MILLION IN CERTIFICATES OF OBLIGATION IN 2008 TO FUND VARIOUS PUBLIC WORKS AND GENERAL IMPROVEMENT PROJECTS. THE EXPENSES ARE TO BE REIMBURSED OUR OF THE PROCEEDS OF THE CERTIFICATES OF OBLIGATION. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Page 6 of 12 Minutes-April 15,2008 Resolution 08 - 117 WORKSESSION • Review and discuss amending Section 2-40 of the Code of Ordinances to establish and implement an emergency management program specific to the City of Beaumont Tim Ocnascheck, Emergency Management Coordinator, discussed with Council the City of Beaumont withdrawing from the Jefferson County Interjurisdictional Emergency Management Program, as a city with a population in excess of 110,000, it is important that the City tailor an Emergency Management Program specifically for it's jurisdiction. The State Administrative Agency has advised funding is normally limited to primary jurisdiction and the City loses funding opportunities unless it becomes a primary jurisdiction. 7. Consider authorizing the Mayor to withdraw the City of Beaumont from the Jefferson County Interjurisdictional Emergency Management Program and consider amending Section 2-40 of the Code of Ordinances to establish implementation of a program specific to the City of Beaumont. Administration recommended approval to authorize the Mayor to withdraw the City of Beaumont from the Jefferson County Interjurisdictional Emergency Management Program and consider amending Section 2-40 of the Code of Ordinances to establish implementation of a program specific to the City of Beaumont. Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AUTHORIZING THE WITHDRAWAL OF THE CITY OF BEAUMONT FROM THE JEFFERSON COUNTY INTERJURISDICTIONAL EMERGENCY MANAGEMENT PROGRAM; AMENDING SECTION 2-40; TO PROVIDE FOR A CITY OF BEAUMONT EMERGENCY MANAGEMENT PROGRAM; PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL;AND PROVIDING A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE ABSTAIN: COUNCILMEMBER SMITH MOTION PASSED Ordinance 08 - 026 WORKSESSION • Review and discuss Phase I of the Calder Project from the Neches River to just west of M.L. King Boulevard Page 7 of 12 Minutes-April 15,2008 Tom Warner, Public Works Director, updated Council on the Calder Diversion Project, informed Council that there has been a tremendous cost increase, Drainage District 6 went back to FEMA and requested additional funds. FEMA has since then given DD6 an additional$9 million,the City will have to match 25%,which would be around $12 million, on top of what it will cost to reconstruct the street from Calder to Main which would be an additional$16 million, advertisement for the project has begun,the first publication has gone out in the paper, the preconstruction bid will be April 24, 2008 with a bid opening May 22, 2008 with construction starting in mid July 2008. Construction time is approximately 750 calendar days. Phase 11 will begin in about a year to eighteen months. PUBLIC HEARING • Receive citizen comments on the Public Service and the Public Facilities and Improvements line items of the Consolidated Grant Program's 2008 Annual Action Plan Public Hearing Open: 11:50 a.m. Paula O'Neal P.O. Box 843 Beaumont TX Henry's Place - A Program of Some Other Place Brenda Garison 810 Hospital Drive Beaumont TX Child Abuse and Forensic Services Tracie Arline 1402 Spring Cress Ln. Seabrook TX Imagine Enterprises Rev. J.D. Roberts 5475 Landry Lane Beaumont TX Save Our Children - Children In Motion Franceska Lewis 3185 Highland Beaumont TX Morden Urban Concepts Very Rev. Henry Davis 3390 Sarah St. Beaumont TX Our Mother of Mercy Church and School Rachel Hebert Morse 9060 McLean Beaumont TX Sabine Oaks Home Page 8 of 12 Minutes-April 15,2008 Teddy Couch 2509 Cable Ave. Beaumont TX The H.O.W. Center Nikkee Espree 2060 Irving St. Beaumont TX Southeast Texas Family Resources Center Jack Koch 3455 Sarah St. Beaumont TX L.L. Melton YMCA Patty Williams 700 North St. Beaumont TX Communities In Schools Elaine Shellenberger 4590 Concord Beaumont TX Nutrition and Services for Seniors Amanda McLauchlin 3555 Stagg Dr. Beaumont TX Julie Rogers "Gift of Life" Program Michael Perez 2350 1-10 E. Beaumont TX Salvation Army Boys and Girls Club Donna Turchi 3655 N. Major Dr. Beaumont TX Boys Haven Tonya Cobb-McFerren 2339 Pope St. Beaumont TX RAP & ODCM Programs Judy Kelfstrom 2350 1 H 10 East Beaumont TX The Salvation Army of Beaumont Cheryl Williams P.O. Box 3208 Beaumont TX Rape and Suicide Crisis Center Angeliqueca Avery 595 Orleans, Suite 920 Beaumont TX IEA - Inspire, Encourage, Achieve Page 9 of 12 Minutes-April 15,2008 Maureen Dodson 990 1-10 N. Suite 140 Beaumont TX Family Services Women and Children Shelter Youlander Fulton 422 Harbor Oak Beaumont TX The ALEC Program Bonnie Brooks P.O. Box 12279 Beaumont TX Triangle AIDS Network Patty Lee 695 Irma Beaumont TX Watts Home Inc. Harley Davidson Rush 1972 Ave. D Crystal Beach TX Spindletop MHMR Services Public Hearing Close: 12:55 p.m. COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - IMPRESSED WITH THE LEADERSHIP IN THE HUMAN SERVICES AND OTHER ORGANIZATIONS OF SOUTHEAST TEXAS AND ALL OF THE HARD WORK THAT IS PUT INTO THESE PROGRAMS, WISHED HIS WIFE, JULIE, A HAPPY BIRTHDAY COUNCILMEMBER BEAULIEU- WISHED JULIE COLEMAN A HAPPY BIRTHDAY, ANNOUNCED THE AMELIA NEIGHBORHOOD CLEAN-UP IN WARD II AT PEARLSTEIN PARK ON APRIL 19, 2008 AT 9:00 A.M. COUNCILMEMBER WRIGHT- COMMENTED ON THE CLEAN-UP IN THE SOUTH PARK AREA, HAPPY BIRTHDAY TO JULIE COLEMAN AND COUNCILMEMBER BEAULIEU, CONGRATULATIONS ON THE RE-OPENING OF THE SOUTH EAST TEXAS RESOURCE CENTER, THANKED ALL OF THE COMPASSIONATE ORGANIZATIONS IN THE CITY OF BEAUMONT, ASKED IF A PRIORITY LIST COULD BE DONE REGARDING DILAPIDATED STRUCTURES THAT NEED TO BE SECURED COUNCILMEMBER PATE- WISHED COUNCILMEMBER BEAULIEU AND.JULIE COLEMAN A HAPPY BIRTHDAY,APPRECIATE THE TIME AND EFFORT OF THE ORGANIZATIONS THAT SPOKE TODAY, SPOKE REGARDING THE CLEAN-UP AND THE ATTENDANCE OF THE Page 10 of 12 Minutes-April 15,2008 CITY STAFF,CONGRATULATED COUNCILMEMBER SMITH ON A FINE JOB THAT HE IS DOING, SPOKE REGARDING THE NECHES RIVER FESTIVAL,THE EVENT AT THE CIVIC CENTER ON SATURDAY APRIL 19, 2008, COMMENTED ON THE 100 BLACK MEN SCHOLARSHIP PROGRAM HELD FRIDAY APRIL 11, 2008 MAYOR PRO TEM SAMUEL - COMMENDED THE COMMUNITY DEVELOPMENT STAFF ON THE WONDERFUL JOB THAT THEY DO COUNCILMEMBER SMITH- THANKED THE SOUTH PARK NEIGHBORHOOD ASSOCIATION, ALSO THANKED SHAWN WILLIAMS AND CARVIN DUKES WHO HELPED A SENIOR CITIZEN AFTER HOURS,MENTIONED THAT DURING THE CLEAN-UP RECEIVED COMPLAINTS ABOUT ABANDONED HOMES IN THE COMMUNITY DUE TO SAFETY ESPECIALLY FOR THE ELDERLY CITIZENS CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - WISHED RODNEY, JULIE AND NANCY A HAPPY BIRTHDAY Public Comments (Persons are limited to three minutes) Kerry Avie 3035 Elinor Beaumont TX Religious comments Andrew Strange 3565 Delaware #402 Beaumont TX Would like to be allowed to keep his African Serval, whose name is Wednesday in the City of Beaumont, he does not want to move out of the City Antoinette Hardy 80 IH - 10 N #208 Beaumont TX Spoke regarding their proposal submitted to CDBG for the Financial Literacy and Home Buyer Education program, as well as being honored by the Avon Foundation Arthur DeMary 6155 Garner Rd. Beaumont TX Asked that Council consider putting a bus stop on the end of Garner Rd. EXECUTIVE SESSION - (Cancelled) Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Page 11 of 12 Minutes-April 15,2008 Claim of William Gardiner With Executive Session being Cancelled, Council adjourned at 1:15 p.m. Audio is available upon request in the City Clerk's Office. .4 04-7,4 - U B ky A , Mayor W Tina Broussard, City Clerk �j �r Page 12 of 12 Minutes-April 15,2008