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MIN NOV 06 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 Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Ward II Audwin Samuel, Mayor Pro Tern, Ward III November 6, 2007 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 November 6,2007 at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 P.M. to consider the following: Mayor Ames read the announcement regarding the Executive Session to be held at the conclusion of the General Business portion of the meeting. 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 Ames called the council meeting to order at 1:30 p.m. Chaplain (Colonel Harland Merriam) United States Army Reserve (Retired) gave the invocation. Officer of the 2nd Battalion, 301h Infantry Regiment,4th Brigade 10th Mountain Division, United States Army 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 and Pate. Absent: Councilmember Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "Municipal Court Week" - November 5 - 9, 2007 - Proclamation read by Councilmember Beaulieu; accepted by Associate Judge Theodore Johns and Judge Craig Lively "Temple to the Brave Day" - November 6, 2007 - Proclamation ready by Councilmember Wright; accepted by Ida Pyle with the Daughters of the American Revolution "2nd Battalion,30th Infantry Regiment Day"-Proclamation read by Mayor Ames; accepted by Lt. Col. Gregory Baine, Commander,2nd Battalion, 30th Infantry Regiment and his officers Presentation to the 2nd Battalion, 301h Infantry Regiment,4th Brigade, 10th Mountain Division, United States Army by Michael Fortney with Congressman Ted Poe's Office Minutes-November 6,2007 Presentation of Coins to the 2nd Battalion, 30th Infantry Regiment,4th Brigade, 10th Mountain Division, United States Army by Patriot Guard Riders Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda. None CONSENT AGENDA Approval of minutes - Minutes of October 31, 2007 Confirmation of committee appointments - Resolution 07- 354 Allison Golias would be appointed to the Keep Beaumont Beautiful Commission. The term would commence November 6, 2007 and expire November 5, 2009. (Councilmember Alan B. Coleman) Ryan Smith would be reappointed to the Convention and Tourism Advisory Board. The current term would expire September 11, 2009. (Councilmember Alan B. Coleman) Brooks Goodhue would be appointed as Chairman of the Community Development Advisory Committee. The term would commence November 6, 2007 and expire November 5, 2008. (Mayor Becky Ames) A) Amend Resolution No. 07-346 to provide a three(3)year term for Steven Johnson, alternate member to the Planning and Zoning Commission to commence October 30, 2007 and expire September 8, 2009 - Resolution 07- 355 B) Approve a bid to demolish the Coliseum at Fair Park - Resolution 07-356 C) Approve the purchase of five(5)zero-turn radius mowers for use in the Parks and Recreation Department - Resolution 07- 357 D) Approve a resolution amending authorized representatives for the Texas Local Government Investment Pool (TexPool), a public funds investment pool - Resolution 07- 358 E) Authorize the City Manager to execute all documents necessary, specifically including a License Agreement, in order for the Beaumont Police Department to continue to maintain a Police Substation at Parkdale Mall - Resolution 07- 359 F) Authorize the City Manager to establish a Memorandum of Understanding with the Salvation Army for food and refreshment support during evacuation operations- Resolution 07-360 G) Authorize the City Manager to establish a Memorandum of Understanding with the Beaumont Chapter of the American Red Cross for food and refreshment support at West Brook High School and the Beaumont Civic Center during evacuation operations- Resolution 07-361 Page 2 of 11 Minutes-November 6,2007 H) Authorize the City Manager to maintain a facility agreement with the Beaumont Chapter of the American Red Cross for their use of the Sterling Pruitt Activity Center as a temporary shelter during disasters - Resolution 07- 362 1) Authorize the acceptance of an exclusive water line easement for fire hydrants to serve the Preserve at Dowlen Apartments located off Old Dowlen Road - Resolution 07- 363 J) Authorize the settlement of the claim of Gloria Martinez a/n/f of Dalahia Martinez, a Minor- Resolution 07- 364 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 AND PATE NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider authorizing the City Manager to apply for and receive funding through the Homeland Security Grant Program. Administration recommended authorizing the City Manager to apply for and accept funding underthe Homeland Security Grant Program(HSGP)which includes$374,024.83 under the State Homeland Security Program (SHSP) and $115,000 under the Law Enforcement Terrorism Prevention Program (LETPP). The Fire Department is asking for $281,024.83 to modernize their radio system to be fully digital and compliant with federal interoperability dictates. Fire is requesting an additional $93,000 to complete the first phase of a project to enhance facility security at the Fire stations. Under the Law Enforcement Terrorism Prevention Program,the Police Department is asking for$20,000 to provide advanced tactical training to enhance response capabilities, $20,000 to enhance facility security at Police Headquarters and$75,000 to purchase media devices and equipment for the new Emergency Operations Center. An additional$489,024.83 in law enforcement equipment with no matching funds from the city. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPLY FOR AND RECEIVE FUNDING FOR THE CITY OF BEAUMONT THROUGH THE HOMELAND SECURITY GRANT PROGRAM(HSGP) IN THE AMOUNT OF $374,024.83 UNDER THE STATE HOMELAND SECURITY PROGRAM (SHSP) FOR THE FIRE DEPARTMENTAND$115,000 UNDER THE LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM (LETTP) FOR THE POLICE DEPARTMENT FOR A TOTAL AMOUNT OF $489,024.83. Councilmember Pate seconded the motion. Page 3 of 11 Minutes-November 6,2007 AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 07- 365 2. Consider approving the purchase of a track dozer for use in the Solid Waste Landfill Division. Administration recommended the purchase of a Caterpillar D7R track dozer for the Solid Waste Landfill Division,from Mustang Cat of Beaumont through the BuyBoard contract in the amount of $419,937. The Caterpillar D7R track dozer is used primarily to move refuse on the landfill working face. To work in this rigorous environment, the dozer is specifically equipped with a Landfill Package which includes features such as seal protection and protective covers on the underside. The new dozer will replace unit 5085, a 1999 Caterpillar D79 with more than 15,000 working hours. The age and mechanical condition of Unit 5085 makes it unreliable for continued service and it will be disposed of according to the City's surplus property disposal policies. Warranty service for the new dozer will be provided by Mustang Cat in Beaumont. The total machine is warranted for an unlimited number of hours of usage during the first six(6)months while the power train is warranted for sixty(60) months or 7,500 hours of usage. Delivery of the unit is expected in 100 to 120 days. Funds are budgeted in the Solid Waste Fund for this expenditure of $419,937. Councilmember made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE,AND HE IS HEREBY,AUTHORIZED TO PURCHASE A CATERPILLAR OR TRACK DOZER IN THE AMOUNT OF $419,937 FOR THE SOLID WASTE LANDFILL DIVISION FROM MUSTANG CAT OF BEAUMONT,TEXAS, THROUGH THE BUYBOARD CONTRACT. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 07- 366 3. Consider approving the purchase and installation of chainlink fencing at the Streets and Transportation Complex. Page 4 of 11 Minutes-November 6,2007 Administration recommended the purchase and installation of approximately 2,987 feet of chainlink fencing at the Streets and Transportation Complex from Texas Correctional Industries of Huntsville in the amount of $48,570.22. An eight (8) foot high chainlink fence with three (3) strands of barbed wire on top will be installed beginning at Plum Street continuing along Peacock Alley turning west at the former YMBL office and continuing to Concord Road. Texas Correctional Industries(TCI)is a division of the Texas Department of Criminal Justice. This purchase is exempt from competitive bidding because Texas statutes allow municipalities to contract directly with State agencies.The City has utilized TCI in the past for the installation of chainlink fencing and office work station cubicles. TCI has consistently provided quality materials and excellent craftsmanship. Completion of the project is expected within ninety (90) days. Funding is available in the Capital Reserve Fund. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE,AND HE IS HEREBY,AUTHORIZED TO PURCHASE APPROXIMATELY 2,987 FEET OF CHAINLINK FENCING IN THE AMOUNT OF $48,570.22 FOR INSTALLATION AT THE STREETS AND TRANSPORTATION COMPLEX LOCATED AT 2610 CONCORD ROAD FROM TEXAS CORRECTIONAL INDUSTRIES(TCI),OF HUNTSVILLE,TEXAS,A DIVISION OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 07- 367 4. Consider approving Change Order No. 4 for the Central Park Community Center. Administration recommended approval of Change Order No.4 to McInnis Construction in the amount of $32,450 for the installation of a fence on the west side of Fourth Street. The community center was designed so that an event could flow outdoors to the rear of the building and into the park. To provide more definition to the area, it was determined by the architect and staff that a brick column and black iron fence set back 15 feet from the curb would enhance the facility and provide separation from pedestrian traffic on Fourth Street. The fence will begin on the corner of Fourth and Fannin and continue south on 4"Street for 237 feet. It will terminate at the site of the last oak tree north of the tennis courts. The columns will be constructed of the same brick used on the building exterior. Page 5 of 11 Minutes-November 6,2007 The community center has been completed and is available for use. The construction of the fence will not interfere with the use of the facility. Funding is available in the Capital Program. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BY AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER No.4 INCREASING THE CONTRACT AMOUNT BY $32,450 FOR A TOTAL CONTRACT AMOUNT OF $790,091.40 FOR THE CONSTRUCTION OF A COMMUNITY CENTER AT CENTRAL PARK LOCATED AT THE CORNER OF FANNIN AND FOURTH STREETS. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 07- 368 WORK SESSION: Review and discuss a contract for the Cattail Marsh Constructed Wetland Rehabilitation Project Hani Thome, Water Utilities Director discussed the Cattail Marsh Constructed Wetland Rehabilitation Project with Council, he gave three options that are available: 1) adding treatment units to the sewage treatment plant at a cost of forty million dollars; 2)changing the discharge point to a larger stream, the Neches River seven miles away, at a cost of twenty million dollars; 3) constructing a wetland system at a cost of ten million dollars. Hani also stated that the wetlands system, Cattail Marsh, went into operation in September 1993 allowing the city to comply with stricter stream standards. The wetlands system consists of an artificial wetlands and a natural existing wetlands. The constructed wetlands occupies approximately 900 acres one mile south of the sewage treatment facility. Treated wastewater is pumped through a pipeline then opens a ditch to the wetlands. 5. Consider approving a resolution authorizing the City Manager to execute a contract for the Cattail Marsh Constructed Wetland Rehabilitation Project and approval of Change Order No. 1. Administration recommended of contract with Brystar Contracting, Inc., Beaumont,Texas, in the amount of$12,894,000.00 and Change Order No. 1 in the amount of$3,212,387.72 reducing the contract to $9,681,612.28. The MBE participation will be through subcontracts with the certified MBE firms All American Construction Supply Inc., of Beaumont,Texas for$1,000,000.00 and Vision Equipment LLC of Houston, Texas for $364,000.00. The amount represents 14.09 percent of the total bid. On August 7, 2007, the City of Beaumont received two (2) bids for the Cattail Marsh Constructed Wetland Rehabilitation Project. The lowest bid was submitted by Brystar Contracting, Inc., in the amount of $12,894,000.00. Page 6 of 11 Minutes-November 6,2007 Funds for the project are available in the Capital Program. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY BRYSTAR CONTRACTING,INC.OF BEAUMONT,TEXAS,FOR THE CATTAIL MARSH CONSTRUCTED WETLAND REHABILITATION PROJECT IN THE AMOUNT OF$12,894,000 BE ACCEPTED BY THE CITY OF BEAUMONT,AND THAT THE CITY MANAGER BE AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1 IN THE AMOUNT OF (3,212,387.72) TO PROVIDE REDUCED SCOPE AND VALUE ENGINEERING DESIGN MODIFICATION THEREBY REDUCING THE CONTRACT TO$9,681,612.28. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 07- 369 PUBLIC HEARING: Receive comments and requests relating to six month extensions for occupying FEMA or travel trailers Public Hearing Open at: 2:25 p.m. Herman L. LeMelle 2545 Magnolia Ave Beaumont TX Requested more time in FEMA trailer Denise Sellers 11255 Fairfield St. Beaumont TX Requested more time in FEMA trailer Ruth Pyatt 950 N. 5th St. Beaumont TX Requested help from the City after being denied the six month extension Joseph Lewis P.O. Box 62 Beaumont TX Asked that the City give Ms. Pyatt an extension to continue to live in the FEMA trailer on her property Public Hearing Closed at: 2:41 p.m. 6. Consider approving an ordinance relating to requests for six month extensions for occupying a FEMA or travel trailer at 3670 Marie, 855 Alma, 3810 W. Lynwood, 5255 Roberts, 648 Terrell, 5275 Linda, 2545 Magnolia, 6795 Hwy. 105, 4263 Sparks, 11255 Fairfield, 1430 Captain,4497 Ector, 1345 Emma, 950 N. 5th, 3415 Washington, 1705 Tulane and 2504 Ave. G. Page 7 of 11 Minutes-November 6,2007 Administration recommended the following approvals and denials for a six month extension for occupying a FEMA or travel trailer: Approvals Denials 2545 Magnolia Herman LeMelle 950 N. 5t" Ruth Pyatt 2504 Ave. G Willie Lee Jordan 3415 Washington Elwood Nixon 3810 W. Lynwood Sherry Perkins 1705 Tulane Denise Dillard 5275 Linda Alfred Johnson 11255 Fairfield Denise Sellers 1430 Captain Mary Perkins 5255 Roberts James Wilson 3670 Marie Valarie Coleman 4497 Ector Henry Harrison 4263 Sparks Oscar Barton 855 Alma Shenita Richardson 648 Terrell Linda Foster 6795 Hwy. 105 Nicole Schroeder 1345 Emma Joe Mikesic On August 21, 2007, City Council approved an ordinance allowing an homeowner that 9 Y Pp 9 Y needed to occupy a travel trailer while Hurricane Rita repairs were being made to their home could do so until October 20, 2007. Anyone needing additional time to repair or rebuild their homes must apply to to City Council for a six month extension. These are the final applications for this deadline extension. In determining eligibility for a six month extension, an applicant must prove one of three criteria: 1. Actively working on home 2. Applied for Disaster Recovery 3. In litigation with insurance carrier. The Planning Manager recommended approval of the fourteen listed based upon the fact that each one met at least one of the three criteria. The Planning Manager recommended denial of the request s at 950 N.5", 3415 Washington and 1705 Tulane because the applicants have failed to meet the above criteria. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE EXTENDING FOR A PERIOD OF SIX (6) MONTHS THE PARKING, USE AND OCCUPANCY OF RECREATIONAL VEHICLES OR TRAVEL TRAILERS AS TEMPORARY LIVING QUARTERS ON RESIDENTIAL PROPERTY LOCATED AT 2545 MAGNOLIA, 2504 AVENUE G, 3810 W. LYNWOOD, 5275 LINDA,11255 FAIRFIELD, 1430 CAPTAIN,5255 ROBERTS,3670 MARIE,4497 ECTOR,4263 SPARKS, 855 ALMA, 648 TERRELL, 6795 HIGHWAY 105 AND 1345 EMMA, DURING THE PERIOD OF REPAIR OR RECONSTRUCTION OF DAMAGE TO PROPERTY CAUSED BY HURRICANE RITA AND DENYING SAID EXTENSION FOR PROPERTY LOCATED AT 950 N.5T",3415 WASHINGTON AND 1705 TULANE; PROVIDING FOR SEVERABILITY;AND PROVIDING A PENALTY. Councilmember Coleman seconded the motion. Page 8 of 11 Minutes-November 6,2007 AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Ordinance 07- 114 COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - CONGRATULATIONS TO PARKS AND RECREATION FOR THE NEW COMMUNITY CENTER AT CENTRAL PARK AND THANKED THEM FOR THE BREAKFAST, COMMENTED ON THE AMOUNT OF PEOPLE VISITING WEATHERING HEIGHTS PARKAND HOW CLEAN IT WAS. ANNOUNCED THE NEIGHBORHOOD ASSOCIATION MEETINGS, OLD TOWN WOULD BE MEETING ON MONDAY AT THE MCFADDIN WARD HOUSE AT 7:00 P.M., CALDER PLACE 1929 WILL MEET ON TUESDAY AT TRINITY UNITED METHODIST CHURCH, ENCOURAGED ALL CITIZENS TO GET INVOLVED IN THEIR NEIGHBORHOOD ASSOCIATIONS COUNCILMEMBER BEAULIEU- COMMENTED ON THE WONDERFUL BREAKFAST AT THE NEW CENTRAL PARK COMMUNITY CENTER, JOY TO SHARE THE DAY WITH THE ARMY AND THANKED THEM FOR ALL THAT THEY DO, CONGRATULATED MUNICIPAL COURT AND ITS JUDGES AND THE GREAT JOB THAT THEY DO, ALSO COMMENTED ON VISITING WITH STUDENTS AT LUCAS ELEMENTARY COUNCILMEMBER WRIGHT - COMMENTED ON THE BEN KIDS ANNUAL FALL PARTY SHE ATTENDED,ATTENDED A BOOK SIGNING IN PORT ARTHUR, THE HISTORICAL LANDMARK COMMISSION MEETING AND THE ACORN NEIGHBORHOOD ASSOCIATION MEETING, ENJOYED THE BREAKFAST AT THE COMMUNITY CENTER AT CENTRAL PARK,ALSO THANKED THE MILITARY ON A WONDERFUL JOB THAT THEY DO TO PROTECT OUR COUNTRY,COMMENTED ON THE CLEANLINESS OF PROPERTIES FOR THE FOLLOWING REAL ESTATE AGENCIES, BURNS, PARIGI, FOXWORTH AND G TEAM REALITY COUNCILMEMBER PATE - DISCUSSED THE IMPORTANCE OF THE NEIGHBORHOOD ASSOCIATIONS, COMMENTED ON THE BEN KIDS PROGRAM, GIRLS HAVEN 14TH ANNUAL GUMBO COOK OFF FUND RAISER ON SATURDAY, GOLDEN TRIANGLE AIDS NETWORK FUND RAISER THIS THURSDAY,THE FLAMING HOT CARS SHOW AT Page 9 of 11 Minutes-November 6,2007 THE FIRE MUSEUM, THANKED COLONIAL BAINE AND HIS STAFF ON A FINE JOB THAT THEY DO, COMMENTED ON VETERANS DAY MAYOR PRO TEM SAMUEL- REGRET NOT BEING ABLE TO ATTEND THE LUNCHEON WITH THE MILITARY TROOPS, COMMENTED ON ANOTHER NEIGHBORHOOD ASSOCIATION THAT IS GOING TO BE STARTED CALLED THE GRAND STREET NEIGHBORHOOD ASSOCIATION IN THE NORTH END COUNCILMEMBER SMITH - ABSENT CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - ENJOYED THE LUNCHEON ON TODAY WITH THE MILITARY MAYOR AMES- ANNOUNCED WARD IV NEIGHBORHOOD CLEAN SWEEP WILL BE ON SATURDAY NOVEMBER 10,2007 FROM 8:00 A.M.TO 1:00 P.M,COMMENTED ON GIRLS HAVEN,THE FLAMING HOT CAR SHOW ALSO CONGRATULATED ST. MICHAELS GREEK ORTHODOX CHURCH AND THEIR SUITE FOR SUCCESS LUNCHEON AND GALA Public Comments (Persons are limited to three minutes) Joseph Lewis P.O. Box 62 Beaumont TX Asked that Council come up with some type of outreach program that will help the less fortunate find organizations that can help them fix their homes etc., also commented on the coliseum that is being demolished Open session of meeting recessed at 3:01 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: The City of Beaumont v. International Association of Firefighters, Local Union 399 Page 10 of 11 Minutes-November 6,2007 There being no action taken in Executive Session, Council adjourned. Aud'O tapes are avails le upon request in the City Clerk's Office. Be ky Ames, y ��UMpM,\,11,1 4, W Tina Broussard, City Clerk �l i ii Aw Page 11 of 11 Minutes-November 6,2007