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HomeMy WebLinkAboutMIN DEC 09 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 December 9, 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 December 9,2008, 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 1-4/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Big Jim Selles of West End Baptist 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 None Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda. None CONSENT AGENDA Approval of minutes - November 25, 2008 Confirmation of committee appointments - None A) Approve Change Order No. 1 forthe Calder Avenue Drainage Project-Resolution 08-320 Minutes-December 9,2008 B) Approve the purchase of a Forensic Recovery of Evidence Data Center for use in the Police Department - Resolution 08 - 321 C) Authorize the City Manager to receive funding through the Department of Homeland Security Grant Program - Resolution 08 - 322 D) Authorize the City Manager to apply for and receive funding through the U.S. Department of Homeland Security 2009 Emergency Management Performance Grant program to assist states and local governments in developing and carrying out emergency management programs - Resolution 08 - 323 E) Approve a payment for fiscal year 2009 dues to the South East Texas Regional Planning Commission (SETRPC) - Resolution 08 - 324 F) Authorize the granting of a Utility Crossing Agreement to cross city utility easements outside the corporate limits - Resolution 08 - 325 G) Authorize the acceptance of water line easements from Spindletop Hospitality, Inc.to provide access for fire protection services at the new Holiday Inn located at 7140 Eastex Freeway- Resolution 08 - 326 H) Authorize the acceptance of a sanitary sewer easement off Chinn Lane-Resolution 08-327 1) Authorize the acceptance of water line easements from Baptist Hospitals of Southeast Texas- Resolution 08 - 328 J) Approve a resolution to allow Capital One Bank to pledge a security s additional collateral Y held at the Federal Reserve Bank for City accounts - Resolution 08 - 329 K) Approve the waiver of penalties and interest on twenty-three tax accounts processed by the Jefferson County Tax Assessor-Collector's Office - Resolution 08 - 330 L) Authorize the settlement of the lawsuit styled Curtis Guillory v. City of Beaumont, Texas - Resolution 08 - 331 Councilmember Pate 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 Page 2 of 9 Minutes-December 9,2008 GENERAL BUSINESS 1. Consider authorizing the City Manager to execute a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XIV. Administration recommended approval of a contract with Allco, Ltd., Beaumont,Texas, in the amount of$1,387,632.82 to rehabilitate approximately 8,618 linear feet of 6-inch, 15,553 linear feet of 8-inch, and 1,070 linear feet of 10-inch sanitary sewer lines. The first area includes sections of Cadillac, Flamingo, Fortune Lanes, and Rena and Sarah Streets, the second area includes sections of Brandon,Campus, Highland,and Kenneth Avenues, Palm Street, and Zavalla Drive, the third area includes sections of Abilene, Buffalo, Detroit, Galveston, Ironton and Steelton Streets, the final area includes sections of Bellaire, Derby, Fleetwood, Glasgow,and Pickwick Lanes, Fang and Howell Courts, Howell Street, Belvedere Drive, Bicentennial Place and Chevy Chase. The MBE participation will be with All American Construction Supply, Inc. and is listed by Allco, Ltd. as their material supplier. The amount of the subcontract is for $135,000 which represents 9.73 percent of the total bid. The existing sewer lines built in the 1940's and 1950's have deteriorated and require major rehabilitation. The primary goals of the project are to restore the integrity of the sanitary sewer lines, restore the carrying capacity, provide customers with uninterrupted and adequate service and meet the Sanitary Sewer Overflow Initiative agreement requirements with the state. This Contract is recommended for approval by the City Manager and the Water Utilities Director. Funds for the project are available in the Capital Program. Mayor Pro Tern Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH ALLCO,LTD.,BEAUMONT,TEXAS,FOR THE SANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS CONTRACT - XIV IN THE AMOUNT OF $1,387,632.82. 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 - 332 2. Consider approving a bid for renovations to City Hall. Administration recommended the award of a bid to Bruce's General Construction, Inc. of Beaumont in the amount of$610,000. Page 3 of 9 Minutes-December 9,2008 Three (3) bids were received on Thursday, November 20, 2008 for furnishing all labor, materials, supplies and equipment to renovate the 1" floor of City Hall. Included in the renovation is the remodeling of the former Convention and Visitors Bureau office to accommodate the Water Customer Service Division; remodeling the Human Resources office to accommodate the new computerized personnel application process;and the remodeling of the Council Chambers, City Clerk and Cash Management offices. Council Chambers will receive new seating, carpet, window treatments, paneled walls, and ceiling and lighting improvements. The entrance to Council Chambers will be modified to improve the acoustics and a metal detection system will be installed. Bruce's General Construction recently completed the remodeling of the 2nd floor One Stop Center. The company is a City certified MBE. Work will commence in January and be completed in 120 days. Funds are available in the Water Fund and Capital Program for this project. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY BRUCE'S GENERAL CONSTRUCTION,INC.,IN THE AMOUNT OF$610,000 FOR FURNISHING ALL LABOR, MATERIALS, SUPPLIES AND EQUIPMENT TO RENOVATE THE FIRST FLOOR OF CITY HALL. 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 - 333 3. Consider approving a one-year renewal contract with Carolyn C. Chaney&Associates, Inc. to act as the City of Beaumont's Washington Assistant. Administration recommended approval of a one-year renewal contract with Carolyn C.Chaney & Associates, Inc. in the amount of$61,488.00 which is a three percent increase from the previous contract amount. The contract will also include a maximum of $4,000 for reimbursable expenses. The new contract will be effective January 1, 2009. On a yearly basis since 1980, the City has contracted with an organization to provide legislative services on the federal level. Ms. Chaney, as the City Washington Assistant, is responsible for reviewing federal executive proposals, legislation under consideration and proposed and adopted administrative rules and regulations which could impact the City of Beaumont's policies or programs. Funds are budgeted for this expenditure in the FY2009 Budget. Page 4 of 9 Minutes-December 9,2008 Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE,AND HE IS HEREBY,AUTHORIZED TO EXECUTE A ONE-YEAR RENEWAL CONTRACT EFFECTIVE JANUARY 1, 2009, IN THE AMOUNT OF$61,488,WITH AN ADDITIONAL MAXIMUM OF$4,000 FOR REIMBURSABLE EXPENSES,WITH CAROLYN C.CHANEY&ASSOCIATES,INC.,TO ACT AS THE CITY OF BEAUMONT'S WASHINGTON ASSISTANT. 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 - 334 4. Consider authorizing a contract for asphaltic concrete pavement placement. Administration recommended the award of an annual contract to LD Construction of Beaumont, Texas with an estimated total expenditure of$60,000. Bids were requested for a one (1) year contract for hot mix asphaltic concrete (HMAC) pavement placement. HMAC is used for repairs to large street sections in the Street Rehabilitation Program. The product was competitively bid and approved by Council to be awarded to APAC, Inc. of Beaumont, Texas. Due to Hurricane Ike,street rehabilitation has not progressed as scheduled. LD Construction can provide the equipment and manpower to lay the asphaltic concrete according to City specifications with the contracted material being supplied by the City. The use of a contracted vendor will allow current work loads to progress at a faster rate. Funds in the estimated amount of$60,000 are available in the Capital Program for the hot laid concrete which is used for street rehabilitation. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY LD CONSTRUCTION FOR AN ANNUAL CONTRACT FOR HMAC PAVEMENT PLACEMENT FOR THE PUBLIC WORKS DEPARTMENT,STREET AND DRAINAGE DIVISION, IN THE ESTIMATED AMOUNT OF $60,000 BE ACCEPTED BY THE CITY OF BEAUMONT. 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 - 335 Page 5 of 9 Minutes-December 9,2008 Mayor Pro Tern left the meeting at 2:49 p.m. and returned at 2:56 p.m. WORKSESSION Review and discuss FEMA's Flood Mitigation Assistance Program Jeff Ward,Consultant,discussed FEMA's Flood Mitigation Assistance Program,with an over view as to whether the City would like to move forward with a buy out program. Mr. Ward commented on the program and how it works, he discussed the most permanent form of mitigation which is the Hazard Mitigation Grant Program(HMGP). The HMGP is authorized under Section 404 of the Stafford Act and administered by FEMA,the purpose of the HMGP was created to reduce the loss of life and property due to natural disasters. The amount of funding availableforthe HMGP undera particular disaster declaration is limited. The program may provide a State with up to 15% of the total disaster. Mr. Ward also discussed the acquisition of the real property, retrofitting of the structures and facilities,the elevation of flood prone structures,the State's priority,the buyouts and how they would be funded 75%federal, and 25% locally, all of this would fall under Executive Order 12898. Mr.Ward discussed the steps of a buyout which would included an application process, state reviewing of the application, the state would then submit those applications deemed appropriate to FEMA, FEMA would then review the applications to ensure the applicable rules were followed, FEMA would then give its approval. The State would fund the acquisition and the community would then begin the acquisition process.These buyouts would be a voluntary participation only no homeowner would ever be forced to sell and no relocation assistance would be required unless the structure was occupied by a tenant. Mr. Ward also discussed the typical buyout process and time frame for the entire process. Councilmember Pate left the meeting at 3:01 p.m. and returned at 3:06 p.m. Review and discuss possible Downtown design standards and the expansion of the Central Business District Chris Boone, Community Development Director, discussed the possible downtown design standards and the expansion of the Central Business District. Due to ongoing private and public investment, downtown Beaumont is continuing its revitalization. This revitalization comes after years of disinvestment caused by development patterns shifting toward the suburbs. As building like the Kyle Building, Century Tower and Crockett Street have been restored, new buildings like Cathedral Square have been constructed, and the City continues to reinvest in downtown, the need to protect current and future investments has increased. One important way to help protect investments and attract new interest is to provide enhanced control of land use and design control. There are several ways to control how buildings in downtown Beaumont are restored, built and expanded. One method would be similar to that used in the Oaks Historic District. Another, and more appropriate model would be to outline some recommended architectural styles, while providing specific prohibitions of certain styles that would be inappropriate. Just as some design control is important in a revitalization of downtown Beaumont,so are enhanced land use controls. More than $100 Million in private and public money has been invested in Page 6 of 9 Minutes-December 9,2008 downtown Beaumont over the past 15 years. Also, the City is in the process of building its new downtown Event Center and Park. In order to protect those investments and provide a level of security of investment for future developers, enhanced land use control is needed. COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - COMMENTED ON THE TRAGEDY DURING THE CHRISTMAS PARADE ON SATURDAY,EXPRESSED HIS CONDOLENCES TO THE FAMILY OF AALIYAH CARTER, LIFE IS SO PRECIOUS ASKED THAT EVERYONE APPRECIATE EVERY MOMENT WITH EACH OTHER COUNCILMEMBER BEAULIEU - COMMENTED ON THE INCIDENT THAT OCCURRED DURING THE CHRISTMAS PARADE ON SATURDAY AND HOW PRECIOUS THE LIFE OF A YOUNG CHILD IS, EXPRESSED CONDOLENCES TO THE FAMILY OF AALIYAH CARTER, APPRECIATED ALL THE EFFORT AND THE HARD WORK THAT WENT INTO THE WEEKEND EVENTS, THANKED BARBARA OTTO FOR ALL OF HER HARD WORK, APPRECIATED THE DISCUSSIONS ON THE DOWNTOWN DESIGN STANDARDS AS WELL AS THE FLOOD MITIGATION, HOPED THAT EVERYONE IS HAVING A SAFE AND HAPPY HOLIDAY TIME COUNCILMEMBER WRIGHT- THANKED EVERYONE THAT WAS A PART OF THE PARADE, ESPECIALLY BARBARA OTTO AND DR. HANI TOHME, CONDOLENCES TO THE FAMILY OF AALIYAH CARTER, THANKED KEVIN EVERETT, FORMER BUFFALO BILLS NFL FOOTBALL PLAYER FOR BEING THE PARADE MARSHAL AND BEING A PART OF THE TREE LIGHTING CEREMONY, COMMENTED ON THE CHRISTMAS GIFT RECEIVED FROM COUNCILMEMBER BEAULIEU, STATING THAT COUNCILMEMBERS WOULD NOT BE GETTING A CHRISTMAS GIFT FROM THE BEAULIEU's BECAUSE SHE WOULD BE DONATING THE MONEY SPENT ON A GIFTTO THE HURRICANE RECOVERY EFFORTS IN BRIDGE CITY COUNCILMEMBER PATE - CONDOLENCES TO THE FAMILY OF AALIYAH CARTER, ASKED THAT WE REMEMBER THOSE THAT ARE STILL GOING THROUGH THE RECOVERY PROCESS FROM HURRICANE IKE, WANT TO LET THEM KNOW THAT THEY ARE STILL IN THE THOUGHTS AND PRAYERS OF THE COMMUNITIES MAYOR PRO TEM SAMUEL - ASKED THAT EVERYONE CONTINUE TO PRAY FOR THOSE THAT ARE LESS FORTUNATE AND STILL GOING THROUGH THE RECOVERY PROCESS FROM HURRICANE IKE,A COUNTRY THAT PRAYS TOGETHER STAYS TOGETHER Page 7 of 9 Minutes-December 9,2008 COUNCILMEMBER SMITH - CONDOLENCES TO THE FAMILY OF AALIYAH CARTER AS WELL AS THE CLASSMATES THAT HAD TO DEAL WITH THIS TRAGEDY ON MONDAY MORNING CITY ATTORNEY COOPER- COMMENTED ON THE RECENT OPPORTUNITY TO TRAVEL TO LOS ANGELES, CALIFORNIA WITH THE CLIFTON J. OZEN, BLUE WAVE MARCHING BAND,IN WHICH THEY PARTICIPATED IN THE BATTLE OF THE HIGH SCHOOL BANDS NATIONAL COMPETITION, THEY WERE 1 OF 5 SCHOOLS SELECTED TO PARTICIPATE IN A NATION WIDE COMPETITION WHERE THEY PLACED 2ND CITY MANAGER HAYES - NONE MAYOR AMES - CONDOLENCES TO THE FAMILY OF AALIYAH CARTER, THANKED EVERYONE WHO WORKED ON THE TREE LIGHTING CEREMONY AND PARADE FOR THE CITY, ALSO THANKED BARBARA OTTO AND THE PARADE COMMITTEE FOR ALL OF THEIR HARD WORK AND LONG HOURS,COMMENTED ON THE FEMA LITIGATION AND THE VICTIMS OF HURRICANE IKE, PLEASED WITH THE PROGRESS THAT HAS BEEN MADE REGARDING THE HELP THESE FAMILIES WILL RECEIVE,ALSO COMMENTED ON WATER CUSTOMER SERVICE THAT WILL BE MOVING TO CITY HALL, THIS WILL ENABLE CITIZENS TO SPEAK WITH SOMEONE IN PERSON INSTEAD OF HANDLING THEIR PROBLEMS OVER THE PHONE,ANNOUNCED THE 18TH ANNUAL HEB "SHARING FEAST HOLIDAY DINNER" THAT WILL BE HELD FORD PARK ON FRIDAY DECEMBER 12,2008 FROM 4:00 P.M. TO 7:00 P.M. Public Comments (Persons are limited to three minutes) Kerwin Samuels 2830 Lakeview Circle Beaumont TX Thanked Council for their help, commended them for all that they are doing and that the families are now in a hopeful situation that help is on the way Helen Butler 4685 Doris Ln. Beaumont TX Thank you, Thank you, Thank you Open session of meeting recessed at 3:25 p.m. Page 8 of 9 Minutes-December 9,2008 EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Tina Lewallen vs. the City of Beaumont Linda Thomas vs. the City of Beaumont and John Savoy There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. r Be ky Ame Mayor Tina Broussard, City Clerk Page 9 of 9 Minutes-December 9,2008