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Home My WebLink AboutMIN OCT 07 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 Tern,Ward III October 7, 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 October 7,2008,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 1,2&4/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Dr. Harland Merriam of St.Andrews Presbyterian Church gave the invocation. Councilmember Pate 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 "National Mammography Day"-October 17, 2008-Proclamation read by Councilmember Wright; accepted by Kathy Chesser and Norma Sampson with Julie Rogers "Gift of Life" Program "Fight Back Express Day Against Cancer" - October 12, 2008 - Proclamation read by Mayor Pro Tern Samuel;accepted by Tammy Droste with American Cancer Society and Gay Lynn Jones, President of the American Cancer Society "Fire Prevention Month" - October, 2008 - Proclamation read by Mayor Ames; accepted by Ann Huff, City of Beaumont Fire Chief,Chief Mullins,Assistant Fire Chief, Firemen Marcus Rogers, and Roy Woods Public Comment: Persons may speak on scheduled agenda items 1, 2 & 4/Consent Agenda. None Minutes-October 7,2008 CONSENT AGENDA Approval of minutes - September 30, 2008 Confirmation of committee appointments - Resolution 08 - 257 Ralph Jordan would be reappointed to the Historic Landmark Commission. The current term would expire June 19, 2010. (Councilmember Alan B. Coleman) A) Approve a renewal of an annual maintenance agreement for Sungard Public Sector software support - Resolution 08 - 258 B) Approve a renewal of an annual maintenance agreement for Zoll Data Systems software support - Resolution 08 - 259 C) Authorize the settlement of the claim of April Harrison a/n/f to Aaron Harrison, a minor - Resolution 08 - 260 Councilmember Wright 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 approving a contract for asphaltic concrete for use by the Streets and Drainage Division. Administration recommended the award of a six(6) month contract to APAC-Texas, Inc. of Beaumont, Texas with an estimated total expenditure of $518,750. Bids were requested for a six(6) month contract for asphaltic concrete for use by the Public Works Department, Streets and Drainage Division. Cold laid asphaltic concrete is used for repairing potholes and small sections of street, while hot laid asphaltic concrete is used for repairs to larger street sections. It is estimated that approximately 7,000 tons of hot laid asphaltic concrete and 500 tons of cold laid asphaltic concrete will be used during the term of the contract. Five (5) vendors were notified with only APAC-Texas responding with a bid as reflected below. Specifications requested pricing for both plant pickup by City personnel and job site delivery by the vendor. The bidder met all product requirements specified, and has previously held the contract satisfactorily. Page 2 of 7 Minutes-October 7,2008 Funds for the cold laid concrete in the amount of$39,250 are available in the Public Works operating budget. Funds in the amount of$479,500 are available in the Capital Program for the hot laid concrete which is used for street rehabilitation. The total estimated six-month contract expenditure is approximately $518,750. Councilmember Pate moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY APAC- TEXAS, INC., FOR THE PURCHASE OF ASPHALTIC CONCRETE FOR THE PUBLIC WORKS DEPARTMENT, STREETS AND DRAINAGE DIVISION, IN THE ESTIMATED AMOUNT OF $518,750 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 261 2. Consider approving a resolution accepting the Phelan Boulevard Extension Project. Administration recommended acceptance of the Phelan Boulevard Extension Project, approval of Change Order No. 4 in the amount of $162,040.16 and final payment in the amount of$231,759.70 to Allco, LTD. On August 8, 2006, City Council awarded Allco, LTD.the contract for the Phelan Boulevard Extension Project for an amount of$5,273,431.95 and authorized execution of Change Order No. 1 in the amount of$807,233.12 reducing the contract amount to$4,466,198.83(low bid exceeded estimated construction cost). This project has been inspected and completed in accordance with the Terms and Conditions set out in the contract documents. Change Order No.2 and 3 were issued to compensate the contractor for additional work requested by the City of Beaumont. Due to an increase in construction item quantities, Change Order No. 4 in the amount of$162,040.16 is required to adjust the quantities actually used during the performance of the project, increasing the contract amount to $4,635,193.99. Funds are available through the Capital Program Councilmember Beaulieu made a motion to APPROVE RESOLUTION THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 4 IN THE AMOUNT $162,040.16 THEREBY INCREASING THE CONTRACT TO$4,635,193.99 AND IS HEREBY AUTHORIZED TO MAKE FINAL PAYMENT IN THE AMOUNT OF $231,759.70 TO ALLCO, LTD. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH Page 3 of 7 Minutes-October 7,2008 NAYS: NONE MOTION PASSED Resolution 08 - 262 Public Hearing Open - 2:00 p.m. 3. PUBLIC HEARING: Receive comments relating to amending an agreement with the State of Texas Office of Rural Community Affairs for the Calder Street Drainage Project under the Texas Community Development Block Grant Disaster Recovery Program. Tom Warner, Public Works Director spoke regarding the amendment agreement with the State of Texas Office of Rural Community Affairs for the Calder Street Drainage Project. Mr. Warner stated that the City was awarded a contract in October 2006, under the Texas Community Development Block Grant Program, administered by the Texas Office of Rural Community Affairs, in the amount of$1,950,000. The Disaster Recovery Grant Program was established by federal legislation to aid areas most impacted and distressed by Hurricane Rita. The funding provided to the City underthis program will be utilized as a portion to the twenty- five percent(25%)match toward a Hazard Mitigation Grant Program(HMGP)award from the Federal Emergency Management Agency(FEMA)on behalf of Drainage District No.6. The combined funds are being used to construct a drainage system on Calder Avenue from the Neches River to West Lucas Street. The proposed amendment will allocate all of the TxCBDG funds in Phase I of the Calder Street Drainage Project rather than expending the funds over all three phases of the project. This amendment will also allow the funds to be expended within the original contract period. PUBLIC COMMENTS None Public Hearing Closed - 2:06 p.m. Councilmember Wright made a motion to APPROVE A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND AN AGREEMENT WITH THE STATE OF TEXAS OFFICE OF RURAL COMMUNITY AFFAIRS RELATED TO FUNDING FOR THE CALDER STREET DRAINAGE PROJECT UNDER THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY PROGRAM. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Page 4 of 7 Minutes-October 7,2008 Resolution 08 - 263 WORKSESSION Receive a status report related to homes located in Beaumont that were flooded Chris Boone, Community Development Director, reported to Council regarding flooded homes in Beaumont,the damage assessment that was done shows that 4,932 of the 35,734 homes in Beaumont received some damage. Of that number, 37 homes, located in the flood plain, were flooded. In order for residents to be able to purchase flood insurance, the City of Beaumont is a member of the National Flood Insurance Program (NFIP). As such, the City has adopted a Flood Plain Land Use Ordinance,which requires that buildings built in the flood plain are built above a certain elevation. Also, when a flood occurs, the City is obligated to determine if a structure that is too low, has been"substantially damaged"(the cost to repair them would be greater than 50%of their pre-flood value). If so, it must be elevated before it can be repaired or rebuilt. The City is currently in the process of inspecting the 37 flooded homes to determine if they are "substantially damaged". As these homes might not be eligible for repair without elevation, concerned with the welfare of these residents. Through our research and we are particularly g with the help of Pastor Benoit of Magnolia Baptist Church,we are working to determine these residents' immediate living situation. Review and discuss an ordinance allowing the parking and occupancy of travel trailers, "park units"and manufactured housing as temporary living quarters within residential districts,while the damage to their property caused by Hurricane Ike is being repaired Chris Boone, Community Development Director reviewed and discussed the ordinance allowing the parking and occupancy of travel trailers,and manufactured housing as temporary living quarters within residential districts, while the damage to their property caused by Hurricane Ike is being repaired and to allow for a ninety(90)day extension, upon review and approval by the City Council. In the City of Beaumont, travel trailers used as a residence are prohibited by the Zoning Ordinance except in designated travel trailer and mobile home parks and subdivisions. However, in the wake of Hurricane Rita, the City Council allowed trailers, for about 400 families on a temporary basis. After granting extensions, only seven (7) trailers currently remain. Following Hurricane Ike on September 13, 2008, damage assessments show that 4,932 of Beaumont's 35,734 homes received some damage. Of that number, 267 homes received major damage and 18 were completely destroyed. In addition, approximately 37 homes, located in the flood plain, were flooded. 4. Consider an ordinance allowing the parking and occupancy of travel trailers,"park units"and manufactured housing as temporary living quarters within residential districts, while the damage to their property caused by Hurricane Ike is being repaired. Page 5 of 7 Minutes-October 7,2008 Administration recommended the approval of an ordinance allowing for a period of six (6) months the parking and occupancy of travel trailers,"park units"and manufactured housing as temporary living quarters within residential districts, while the damage to their property caused by Hurricane Ike is being repaired, and allow for a ninety (90) day extension, upon review and approval by the City Council. Mayor Pro Tern Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ALLOWING FOR A PERIOD OF SIX (6) MONTHS THE PARKING, USE AND OCCUPANCY OF TRAVEL TRAILERS, "PARK UNITS," AND MANUFACTURED HOUSING AS TEMPORARY LIVING QUARTERS WITHIN RESIDENTIAL DISTRICTS DURING THE PERIOD OF REPAIR OR RECONSTRUCTION OF DAMAGE TO PROPERTY CAUSED BY HURRICANE IKE AND ALLOWING A NINETY(90)DAY EXTENSION UPON REVIEW AND APPROVAL BY CITY COUNCIL; PROVIDING FOR SEVERABILITY;AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 089 COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - ANNOUNCED THAT THE PEAR ORCHARD NEIGHBORHOOD ASSOCIATION WOULD BE MEETING THURSDAY AT 6:30 P.M., AT THE L.L. MILTON YMCA, ALSO ANNOUNCED THAT HE WOULD BE AT THE THEODORE JOHNS LIBRARY ON SATURDAY, OCTOBER 25, 2008 FROM 1:00 P.M. UNTIL 3:00 P.M., EARLY VOTING WILL BEGIN OCTOBER 20, 2008 THROUGH OCTOBER 31,2008 ENCOURAGED EVERYONE TO VOTE, THERE WILL BE A "NEIGHBORS IN THE PARK" ON OCTOBER 19, 2008 AT 3:00 P.M., AT CENTRAL PARK, SPECIAL GUEST WILL BE THE JAZZ INNOVATORS MAYOR PRO TEM SAMUEL- ANNOUNCED THE"NEIGHBORS IN THE PARK" ON OCTOBER 19, 2008, BEGINNING AT 3:00 P.M., AT CENTRAL PARK WITH THE JAZZ INNOVATORS COUNCILMEMBER PATE - COMMENTED ON THE MID-COUNTY KINDNESS OF PORT NECHES AND NEDERLAND CITIZENS THAT WENTTO BRIDGE CITY AND ORANGE COUNTY TO HELP WITH DAMAGE IN THEIR COMMUNITY,COMPLIMENTED THEM ON A GREAT JOB Page 6 of 7 Minutes-October 7,2008 COUNCILMEMBER WRIGHT - COMMENTED ON THE GIFT OF LIFE "PINK CARD" PROGRAM,ENCOURAGED EVERYONE TO PURCHASE A CARD AND EXPERIENCE THE GREAT DISCOUNTS, THIS IS A DONATION FOR A WORTHY CAUSE COUNCILMEMBER BEAULIEU - NONE COUNCILMEMBER COLEMAN- THANKED SAM BETHEA AND ENTERGY ON THE GREAT JOB THAT THEY HAVE DONE,CONGRATULATED HIS MIDDLE SON CHRIS, WHO WILL BE GETTING MARRIED ON .TUNE 4, 2009 CITY MANAGER HAYES - NONE CITY ATTORNEY COOPER - NONE MAYOR AMES - COMMENTED ON HURRICANE IKE AND THE DEVASTATION, THANKED EVERYONE INVOLVED THAT TRAVELED TO SURROUNDING CITY'S TO HELP THEM WITH THEIR DAMAGE, COMMENTED THAT SHE HAS RECEIVED MANY QUESTIONS ABOUT THE TRASH PICKUP,ASKED TOM WARNER, PUBLIC WORKS DIRECTOR TO EXPLAIN THE SCHEDULING TO THE CITIZENS AND WHERE THE CITY IS CURRENTLY WITH THE TRASH PROCESS Public Comments (Persons are limited to three minutes) None There being no Executive Session, Council adjourned at 2:51 p.m. Audio available upon request in the City Clerk's Office. Bec y Ame , Mayor =� ` Rao Tina Broussard, City Clerk to h Page 7 of 7 Minutes-October 7,2008