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HomeMy WebLinkAboutMIN JUN 02 2009 MIN UTES - CITY OFBEAUMONT 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 June 2, 2009 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 June 2, 2009, 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 5-13/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Reverend James Blackwell of South Park Baptist Church gave the invocation. Councilmember Wright led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tem Samuel, Councilmembers Coleman, Beaulieu,Wright, Pate and Smith. Also presentwere Kyle Hayes, City Manager;Tyrone Cooper,City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "Management Week" - June 7 - 13, 2009 - Proclamation read by Councilmember Pate; accepted by Tim Blincoe, President, American Valve and Hydrant Chapter of the National Management Association "Walk Against Domestic Violence Day" - June 13, 2009 - Proclamation read by Councilmember Coleman; accepted by Dr. Alvin Williams, Community Education Director, Family Violence Services of Southeast Texas 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 5-13/Consent Agenda. None Minutes-June 2,2009 CONSENT AGENDA Approval of minutes - May 19, 2009 Confirmation of committee appointments - Resolution 09 - 147 Irma Lyn Thomas would be appointed to the Small Business Revolving Loan Fund Board. The term would commence June 2,2009 and expire June 1,2011. (Councilmember Gethrel Williams-Wright) A) Authorize the award of a contract for temporary personnel services - Resolution 09 - 148 B) Authorize the City Managerto increase the Proposed New WaterWell No.2 and Related Pilot Hole Project for "extra work" - Resolution 09 - 149 C) Approve Change Order No. 3 for the Calder Avenue Drainage Diversion and Pavement Improvement Project Phase I - Resolution 09 - 150 D) Authorize the City Managerto apply forand receive funding through the 2009 Edward Byrne Memorial Justice Assistance Grant program to upgrade technology in the Police Department- Resolution 09 - 151 E) Authorize the City Managerto submit an application and accept a grant to provide funding for improvements at the Beaumont Municipal Airport - Resolution 09 - 152 F) Authorize the City Manager to execute an agreement with Workforce Solutions Southeast Texas/Power Zone-Beaumont and Family Services of Southeast Texas-Resolution 09-153 G) Authorize the acceptance of a water line easement to provide access for fire protection services to the Dowlen Court Subdivision located off Dowlen Road - Resolution 09 - 154 H) Authorize the acceptance of a water line easement to provide water service to ExxonMobil facilities near the intersection of Burt and Carroll Streets - Resolution 09 - 155 1) Authorize the acquisition of two(2)properties in the Van Wormer Addition forthe Downtown Event Center and Park - Resolution 09 - 156 Mayor Pro Tern 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 18 Minutes-June 2,2009 GENERAL BUSINESS 1. Consider approving a zone change request from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 2345 Wellington Place. Administration recommended denial of the zone change. Taher Quaishi has applied for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2(General Commercial-Multiple Family Dwelling-2)District. The property is located at 2345 Wellington Place. Mr. Quaishi states builders do not want to construct homes next to GC-MD-2 zoning. In 1997, the subject property was rezoned from RS and RM-H(Residential Multiple Family- High Density) District to NC (Neighborhood Commercial) District. In 2003, City Council denied a zone change to GC-MD-2 and a specific use permit to allow over 21,000 sq. ft. of office and retail on 2.1 acres that included a portion of the subject property. In 2004, the property was rezoned to RS and GC-MD-2. The RS portion of the property fronts on Wellington Place and the GC-MD-2 portion fronts on Dowlen. In that same year, a specific use permit was approved for approximately 18,000 sq.ft. of office space within the GC-MD-2 portion. At a Joint Public Hearing held May 18,2009,the Planning Commission recommended denial 7:0 of a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling) District at 2345 Wellington Place. Councilmember Pate moved to DENY AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS(RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT TO GC-MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 2345 WELLINGTON PLACE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION DENIED 2. Consider approving a zone change request from RS (Residential Single Family Dwelling) District to RM-H(Residential Multiple Family Dwelling-Highest Density)District and GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District and a specific use permit to allow a convenience store and miscellaneous retail at 2990 E. Lucas. Page 3 of 18 Minutes-June 2.2009 Administration recommended denial of the zone change to RM-H District and approval of 50' of rezoning from RS to GC-MD-2 and the specific use permit to allow a convenience store and miscellaneous retail with the following conditions: • That there be no access onto Abilene. • The applicant shall provide the City with a joint access agreement. Nga Duong has applied for a zone change and specific use permit. Mr. Duong owns an existing commercial building at 2916 E. Lucas at Idlewood. Mr. Duong received a zone change to GC-MD-2 in 2006 to allow the development of the commercial building. He would like to construct another commercial building that would include a convenience store,gas pumps and miscellaneous retail. The commercial property would also include a self-service car wash. This property fronts on E. Lucas. He would also like to develop apartments with frontage on Abilene north of the commercial property. At a Joint Public Hearing held May 18,2009,the Planning Commission recommended denial 7:0 of the zone change to RM-H District and approval of 50'of rezoning from RS to GC-MD-2 and the specific use permit to allow a convenience store and miscellaneous retail with the following conditions: • That there be no access onto Abilene. • The applicant shall provide the City with a joint access agreement. Mayor Pro Tern Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICTTO GC-MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING- 2) DISTRICT FOR PROPERTY LOCATED AT 2990 E. LUCAS, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL 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 09 -028 Mayor Pro Tern Samuel moved to DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CONVENIENCE STORE AND MISCELLANEOUS RETAIL IN A GC- MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT ON PROPERTY LOCATED AT 2990 E.LUCAS,BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Smith seconded the motion. Page 4 of 18 Minutes-June 2,2009 AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED ORDINANCE 09 - 029 3. Consider approving a specific use permit to allow a tire shop in an RCR (Residential Conservation and Revitalization) District at 2895 Concord. Administration recommended approval of a specific use permit to allow a tire shop in an RCR (Residential Conservation and Revitalization) District at 2895 Concord. Serafin Jaimes has applied for a specific use permit to allow a tire shop in an RCR (Residential Conservation and Revitalization) District. Mr. Jaimes currently leases the site where he presently operates a tire shop. He would like to relocate his business to Concord. Mr.Jaimes states that he will sell new and used tires and do tire repair. The business will be located in a new 1,750 sq.ft. building with related parking and will be open 7 a.m.to 5 p.m., Monday-Saturday and closed Sundays. The property will be surrounded by an 8' tall wood screening fence and a 10' wide landscape strip. At a Joint Public Hearing held May 18, 2009, the Planning Commission recommended approval 7:0 of a specific use permit to allow a tire shop in an RCR(Residential Conservation and Revitalization) District at 2895 Concord subject to the following conditions: I • There shall be no outside display, storage or repairs in front or along the side of the building. • Provide an additional parking space that meets ADA Standards. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A TIRE SHOP IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT ON PROPERTY LOCATED AT 2895 CONCORD, BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 09 - 030 4. Consider approving a specific use permit to allow a cellular tower in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4430 College Street. Page 5 of 18 Minutes-June 2,2009 Administration recommended approval of the specific use permit. Jack Burklund, representing Verizon Wireless, has applied for a specific use permit. Verizon Wireless would like to lease a 75' x 75' site from Beaumont Tractor. The lease site will be enclosed by an 8' high chain link fence. Within the lease space will be the 160' tall monopole tower and a 12' x 28' prefab aggregate stone building to house the electronic switching equipment and backup generator. The lease site will be at the rear of the Beaumont Tractor property. At a Joint Public Hearing held May 18, 2009, the Planning Commission recommended approval 6:0:1 of a specific use permit to allow a cellular tower in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4430 College Street. Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CELLULAR TOWER IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILYDWELLING)DISTRICT AT 4430 COLLEGE STREET,IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 09 - 031 5. Consider authorizing the City Manager to amend the Interlocal Agreement with Jefferson County Drainage District No. 6 for the Cartwright/Corley Relief Project. Administration recommended Council authorize the City Manager to amend the Interlocal Agreement with Jefferson County Drainage District No. 6 for the Cartwright/Corley Relief Project. In May 2006, City Council approved an Interlocal Agreement with Drainage District No. 6 for the Cartwright/Corley Relief Project.This project includes the construction of several detention facilities near 11 th and Cartwright and improvements to the underground drainage systems on Corley and Blanchette Streets. The District was awarded a Flood Mitigation Assistance (FMA) Grant from FEMA for 75% of the project costs. The estimated cost of the Project is $4,750,000. The District had requested City participation in the project by performing the following work: • Construct underground culverts,with inlets,in the Corley Street right-of-way from 4th Street to the Santa Fe Railroad, • Enlarge the culverts under 11th Street in the Cartwright Street right-of-way. • Enlarge the culvert under Corley Street at the intersection of 12th Street. Page 6 of 18 Minutes-June 2,2009 Currently,the City is assisting the District in the installation of the culverts under 11 th Street at Blanchette.The District is requesting that the City amend the previously approved agreement and each party now perform the following work: • The District will be responsible for preparation of engineering plans and specifications for the project. • The District will construct underground culverts with inlets in the Blanchette Street right-of-way from 91h Street to west of 11th Street. • The City will resurface Blanchette with asphalt, relocate all City utilities and construct the concrete catch basin on the east side of 11 th Street. The District will repair 11 th Street, construct the concrete catch basin on the west side of 11th Street and provide all the materials for both catch basins. • The City will construct underground culverts with inlets in the Corley Street right- of-way from 4th Street to the Santa Fe Railroad, repair the concrete street and relocate any City utilities. • The District will prepare the engineering plans and specifications for the Cartwright/Corley Project. • The City will be responsible for the solicitation and award of bids on the Cartwright/Corley Project, construction inspection and payments to the contractor. Any work perform by the City or the City's contractor on the Blanchette or Cartwright/Corley Projects will be reimbursed under the grant. The City will be reimbursed for 75% of the construction costs as long as grant funds are available. The estimated cost to the City to perform the aforementioned work is $1.25 million. In exchange for the work to be performed by the City, the DD#6 has conveyed a portion of property to the City for the Phelan Boulevard Widening Project in the vicinity of the Gulf Terrace Detention Basin. Funds for the City's share of the project are available in the Capital Program. Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AMENDMENT TO THE INTERLOCAL AGREEMENT WITH JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 FOR THE CARTWRIGHT/CORLEY RELIEF PROJECT. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 157 6. Consider authorizing the City Manager to execute a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract - XV. Page 7 of 18 Minutes-June 2,2009 Administration recommended approval of a contract with Horseshoe Construction, Inc. La Porte, Texas, in the amount of$348,062.75 to rehabilitate approximately 2,105 linear feet of 6-inch and 5,538 linear feet of 8-inch sanitary sewer lines,to furnish and install approximately four manholes,to stabilize approximately eight vertical feet of existing manhole,to remove and replace approximately 13 manholes,abandon two manholes,furnish and install approximately eight end of line clean outs,to replace approximately 170 short side service line connections, and clean and televise 7,643 linear feet of existing and newly burst sanitary sewer lines in the South Park area. The project will rehabilitate Chaison, Ector, Fonville, and Ogden Avenue, and Park Street between Pipkin and Virginia Street. The MBE participation will be with Chief Solutions, Inc. for $25,000, Deanie Hayes, Inc. for $25,000, and Vila Trucking for$20,000.The total amount of the subcontracts is for$70,000, which represents 20.11 percent of the total bid. The existing sewer lines built in the 1940's and 1950's have deteriorated and require major rehabilitation. Funds for the project are available in the Capital Program. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH HORSESHOE CONSTRUCTION, INC., OF LAPORTE, TEXAS, FOR THE SANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS CONTRACT-XV IN THE AMOUNT OF$348,062.75 TO REHABILITATE APPROXIMATELY 2,105 LINEAR FEET OF 6-INCH AND 5,538 LINEAR FEET OF 8-INCH SANITARY SEWER LINES,FURNISH AND INSTALL APPROXIMATELY FOUR MANHOLES, STABILIZE APPROXIMATELY EIGHT VERTICAL FEET OF EXISTING MANHOLE,REMOVE AND REPLACE APPROXIMATELY 13 MANHOLES,ABANDON TWO MANHOLES, FURNISH AND INSTALL APPROXIMATELY EIGHT END OF LINE CLEAN OUTS, REPLACE APPROXIMATELY 170 SHORTSIDE SERVICE LINE CONNECTIONS,AND CLEAN AND TELEVISE 7,643 LINEAR FEET OF EXISTING AND NEWLY BURST SANITARY SEWER LINES IN THE SOUTH PARK AREA. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 158 7. Consider approving the purchase of a vacuum truck for use by the Streets and Drainage Division. Administration recommended approval of the purchase from Southwest International Trucks, Inc., in the amount of$244,237. Page 8 of 18 Minutes-June 2,2009 Pricing for the vacuum truck is obtained through the BuyBoard Cooperative Purchasing Program. BuyBoard is a cooperative purchasing association which provides cities and political subdivisions with the means to purchase specialized equipment at volume pricing. This vacuum truck will be used by the Streets and Drainage Division to maintain storm drain lines and catch basins. This vacuum truck will be replacing unit 3270,which is a 1998 model with 134,000 miles. Delivery is estimated at one hundred twenty (120) days. Funds are budgeted in the Capital Reserve Fund. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER HEREBY APPROVES THE PURCHASE OF A VACUUM TRUCK FROM SOUTHWEST INTERNATIONAL TRUCKS, INC., IN THE AMOUNT OF $244,237 THROUGH THE BUYBOARD COOPERATIVE PURCHASING PROGRAM. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 159 8. Consider authorizing the City Managerto execute acontractforthe 36-Inch Sanitary Sewer Maintenance Clean and Televise Contract IA. Administration recommended approval of a contract with Chief Solutions, Inc. of Houston, Texas, in the amount of$201,620.00 to clean and televise 9,736 linear feet of 36-inch and 229 linear feet of 48-inch sanitary sewer lines. Chief Solutions, Inc. is a City of Beaumont approved MBE company. They will complete approximately 75%($151,620)of the project cost and subcontract with others the remaining 25%. The line extends under Interstate 10 and then parallels the interstate from Kenwood to Laurel Avenue. The line travels west just past 23 d Street and heads south to the 23rd Street lift station. The line was originally installed in the mid 1980's. The project will allow City staff to evaluate the integrity of the pipe, locate developing cavities, and remove settled solids in the pipe. Funds for the project are available in the Non-Operational Budget. Page 9 of 18 Minutes-June 2,2009 Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH CHIEF SOLUTIONS, INC., OF HOUSTON, TEXAS, IN THE AMOUNT OF $201,620.00 FOR THE 36-INCH SANITARY SEWER MAINTENANCE CLEAN AND TELEVISE CONTRACT IA TO CLEAN AND TELEVISE 9,736 LINEAR FEET OF 36-INCH AND 229 LINEAR FEET OF 48-INCH SANITARY SEWER LINES. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 160 9. Consider approving a contract for the construction of an entrance gate at Tyrrell Park. Administration recommended the award of a bid to H.B. Neild and Sons, Inc., of Beaumont in the amount of $200,912. Four(4) bids were received on Thursday, April 16, 2009 for the construction of an entrance gate to Tyrrell Park. The entrance gate will be constructed using both new and existing materials supporting the City's efforts to adhere to sustainable building practices when possible. Components of the original entrance gate built in 1940 by the Civilian Conservation Corps(CCC)are still in existence. These components will be reused to create a welcoming entrance to Tyrrell Park. The gate is locked at dusk and opened at dawn each day. The entry gate will provide information concerning the park and the onsite activities such as golf, botanical gardens, playgrounds and Cattail Marsh. A metal archway is also planned at the entrance with die cast metal letters adhered to a bronze metal arch identifying the park. The archway was designed to notify park patrons of their entrance to the multi use park. If it is determined that an archway should not be constructed, a change order, at a future council meeting,would reduce the bid by$25,000. Included in the base bid is a contingency of$20,000 for additional work to repair the existing stone elements should they require more rehabilitation than originally planned. If they can be moved without further damage, the contingency will be credited to the project cost. H. B. Neild & Sons, Inc. plans to subcontract approximately 6% of the contract to certified MBE's and State certified HUB vendors. Funds are available in the Capital Reserve Fund. Page 10 of 18 Minutes-June 2,2009 Mayor Pro Tern Samuel made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY H. B. NEILD & SONS, INC., IN THE AMOUNT OF $200,912 FOR THE CONSTRUCTION OF AN ENTRANCE GATE AT TYRRELL PARK 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 09 - 161 10. Consider approving a contract for software applications and redesign of the website utilized for the Convention and Visitors Bureau (CVB). Administration recommended the award of a contract to Simpleview, Inc.,of Tucson,Arizona in the amount of$103,385. The CVB maintains an interactive website designed to facilitate the bureau's mission to market Beaumont as a travel destination for groups and individuals from around the world. The existing CVB website was originally launched in 2003. The website has received some minor upgrades and additions to the original tools and modules. The redesigned,state-of-the- art website will apply proven strategies to engage visitors, build traffic and cultivate a loyal online community. The Request for Proposals(RFP)were sent to four(4) potential responders and posted on the City website. Twenty-nine(29)responses were received. All responses were evaluated with the criteria provided in the RFP. After the initial evaluation, the two (2) highest ranking respondents were invited to meet with City representatives to further review and discuss their proposals. The respondents were Simpleview, Inc., and Miles Media. These respondents were allowed to provide a best and final offer,forwhich a single response was received from Simpleview, Inc. Funds are available in the Hotel Occupancy Tax (HOT) Fund. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY SIMPLEVIEW,INC.,IN THE AMOUNT OF$103,385 FOR A CONTRACT FOR WEBSITE REDESIGN FOR THE CONVENTION AND VISITORS BUREAU 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 Page 11 of 18 Minutes-June 2,2009 Resolution 09 - 162 11. Consider approving the purchase of a trailer-mounted diesel generator for use in the Water Utilities Department. Administration recommended the purchase from Loftin Equipment Co., of Houston in the amount of $102,471.50. Contract pricing for this generator is obtained through the Houston-Galveston Area Council. H-GAC is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with State of Texas procurement statues. There is no administrative fee associated with this purchase. The City owns and operates seventy-eight (78) sanitary sewer lift stations. The trailer- mounted Kohler Power Systems DC17 generator is portable and will be transported to various sanitary lift stations in the event of extended power outages. This generator will be used, in conjunction with three (3) existing generators, to provide service to the community. Warranty service will be provided by Loftin Power Systems. The standard warranty is one(1) year. Delivery will be in four (4) months. Funds are budgeted in the Water Utilities Department's budget. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF A TRAILER-MOUNTED KOHLER POWER SYSTEMS DC17 GENERATOR IN THE AMOUNT OF$102,471.50 FROM LOFTIN EQUIPMENT CO.OF HOUSTON,TEXAS, THROUGH THE HOUSTON-GALVESTON AREA COUNCIL (H-GAC) COOPERATIVE PURCHASING PROGRAM FOR USE BY THE WATER UTILITIES DEPARTMENT. Councilmember Coleman seconded the motion. I AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 163 12. Consider approving an annual contract with Beaumont Products and Services, Inc. (BPS). Administration recommended the award of an annual contract with Beaumont Products and Services, Inc., (BPS)for furnishing litter removal service on arterial street rights-of-way and other specific areas at a rate of$14.08 per person, per hour worked. The contract will be effective July 24, 2009. Page 12 of 18 Minutes-June 2,2009 BPS is defined as a private not-for-profit State Certified Workshop. State Certified Workshops encourage and assist disabled persons to achieve maximum personal independence by engaging in useful and productive activities. Job programs are designed for disabled individuals and marketed throughout the community. The State exempts political subdivisions from competitive bidding requirements when contracting with a certified workshop. BPS has been furnishing biweekly litter removal services on specified arterial streets since 1987. BPS provides a crew of four(4)collection personnel and one(1)supervisor/driver,five (5) days per week, excluding City holidays. BPS will be paid $14.08 per hour, per person worked which includes all labor,transportation,equipment, insurance, and litter disposal fees. An hourly rate provides the City with the option of using the crews only when and where needed. The requested rate per hour is a$1.00 increase from the previous contract. Minimum wage in the State of Texas is scheduled to increase from $6.55 per hour to$7.25 per hour effective July, 24, 2009. The requested rate reflects that increase plus associated payroll costs. During the past twelve months, BPS has worked approximately 1,869 labor hours, removing about 1,527.47 cubic yards of litter, at an estimated cost of $121,874. Funds are available in the Code Enforcement Division's operating budget. Mayor Pro Tern Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES AN ANNUAL CONTRACT EFFECTIVE JULY 24, 2009, WITH BEAUMONT PRODUCTS AND SERVICES,INC.(BPS)FOR FURNISHING LITTER REMOVAL SERVICES ON ARTERIAL STREET RIGHTS-OF-WAY AND OTHER SPECIFIC AREAS AT A RATE OF $14.08 PER PERSON, PER HOUR WORKED. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 164 13. Consider approving a contractforthe CalderAvenue Drainage and Pavement Improvement Project (Phase II). Administration recommended the award of a contract to BRH-GARVER Construction, L.P. of Houston in the amount of $24,616,416.25. On May 21, 2009 the City of Beaumont received eight (8) bids for the Calder Avenue Drainage and Pavement Improvement Project(Phase II). The lowest bid was submitted by BRH-GARVER Construction, L.P. in the amount of$24,616,416.25.The Engineer's estimate for the project before receipt of bid was $32,000,000.00. Page 13 of 18 Minutes-June 2,2009 The official total bid amount is determined by the summation of the contract amount"A"and the time element "B". The City uses the following formula to make the calculation: A + B = total bid amount for award consideration The contract price, equal to A in the formula,is determined by the summation of the products of the approximate quantities shown in the proposal and the unit prices bid, and; The time element B of the bid is determined by multiplying the bid time proposed by the contractor to complete the work of Item 462 (Concrete Box Culvert) by the daily road user cost of $2,500/Calendar Day. The MBE participation is 20% of the contract amount. Funds are available in the Capital Program. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY BRH-GARVER CONSTRUCTION,L.P.,HOUSTON,TEXAS IN THE AMOUNTOF$24,616,416.25 FOR A CONTRACT FOR THE CALDER AVENUE DRAINAGE AND PAVEMENT IMPROVEMENT PROJECT (PHASE II)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 09 - 165 WORKSESSION Discuss the Substantial Amendment to the Consolidated Grant Program's 2008 Action Plan Chris Boone, Community Development Director, discussed that on February 17, 2009, President Obama signed the American Recovery and Reinvestment Act of 2009 (ARRA), providing federal funds through the Community Development Block Grant program to help stimulate the economy. The City of Beaumont received $484,556, as part of this stimulus package. CDBG-R funds may be used for, a) preserving and creating jobs and promoting economic recovery; b) assisting those most impacted by the recession; c) providing investment needed to increase economic efficiency; d) investing in transportation, environmental protection,or other infrastructure that will provide long-term economic benefits; e) minimizing or avoiding reductions in essential services; or f) fostering energy independence. Page 14 of 18 Minutes-June 2,2009 During the normal CDBG allocation process, the Community Development Advisory Committee (CDAC) spends months reviewing applications for Public Services and Public Facilities funding. However, ongoing instructions and time restrictions from HUD for the special CDBG-R program has resulted in a significantly abbreviated review process. In an effort to include the CDAC in this allocation process, the CDAC conducted a public hearing/workshop on May 22, 2009 to review applications and make recommendations to City Council regarding the use of these funds. Additionally,the Administration has reviewed the applications received in order to make recommendations to City Council. Please note that the recommendations from the Administration differfrom that of the CDAC for several reasons. First, of the $484,556 total allocation, ten percent will be used for administrative costs and $75,500 will be used for infrastructure improvement associated Jehovah Jireh Phase II-B, affordable housing project. As a result, the amount to be considered for these applications would be $360,601, not the full $484,556. Second, HUD is requiring that these funds be spent within a six-month time period and is requiring that eighty-five percent of the funds are to be used for Public Facilities Improvements and only fifteen percent can be used for Public Services. Public Facilities Improvements include expenses for physical improvements to service provider's facilities and Public Services funding is used for ongoing operating expenses and service delivery. Because of these HUD- imposed restrictions of use and time,and because the Administration feels that expenditures to improve and enhance the physical facilities of the applicants will allow for a more immediate economic impact to local economy, while providing for the long-term enhancement of the service provider's facilities,the Administration's recommendations are different from that of the CDAC. 14. Consider approving a resolution adopting the amendment to the Consolidated Grant Program's 2008 Action Plan. Administration recommended approving a resolution adopting the amended Consolidated Grant Program's 2008 Action Plan. Funding is available from Community Development Block Grant Funds received through the American Recovery and Reinvestment Act of 2009 (CDBG-R Funds). Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES AND ADOPTS THE SUBSTANTIAL AMENDMENT TO THE CONSOLIDATED GRANT PROGRAM'S 2008 ACTION PLAN. Councilmember Smith seconded the motion. I AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 166 Page 15 of 18 Minutes-June 2,2009 I 15. PUBLIC HEARING: Dangerous Structures Public Hearing Open: 2:27 p.m. Public Comments were made by the following people who personally appeared and requested additional arrangements for their property. Roger Rashall 4915 Belmont Beaumont TX Item# 3 4915 Belmont Oswald Williams 8560 Washington Beaumont TX Item#19 2505 Filmore Rosetta Jones 4330 Cartwright St. Beaumont TX Item# 21 800 Goliad (Garage) Horace Black 2212 Irving Beaumont TX Item# 28 2212 Irving Kenneth Wilcox 7855 Jackson Beaumont TX Item# 29 7855 Jackson Rd. (Garage) Flora Escamilla 2045 Delaware Beaumont TX Item# 30 2280 Laurel Tomiko A. Judge 2145 Pecos Beaumont TX Items# 33 & 34 2089 Linson (Unit A & B) John Leggett 2265 Ashley Beaumont TX Item# 35 480 Magazine (Garage & Shed) James Wes Schlett 142 Mariposa St. Beaumont TX Item# 51 1515 South St. Mike Ramsey 6875 Phelan Beaumont TX Item# 53 6875 Phelan Page 16 of 18 Minutes-June 2,2009 Public Hearing Closed: 3:00 p.m. Mayor Pro Tern Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AS WELL AS TO ALLOW PROPERTY OWNERS OF ITEMS #3, 19, 21, 29, 30, 35 AND 51, TO ENTER INTO A 150 DAY WORK PROGRAM ON'THE DANGEROUS STRUCTURES LIST, ITEMS #33 AND 34 DEFERRED FOR 30 DAYS AND DEFER ITEM#53; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 09 - 032 COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE MAYOR PRO TEM SAMUEL - NONE COUNCILMEMBER PATE - COMMENDED CINDY BLOODWORTH FOR THE CELEBRITY MODELS PROGRAM,ANNOUNCED THE HURRICANE PARTY, AS WELL AS THE MEMORIAL HERMAN HOSPITAL GROUND BREAKING CEREMONY FOR THEIR NEW FACILITY THAT WILL HOUSE FAMILIES THAT HAVE CRITICAL EMERGENCIES COUNCILMEMBER WRIGHT - CONGRATULATED ALL HIGH SCHOOL AND COLLEGE GRADUATES, COMMENTED ON THE GROUND BREAKING CEREMONY FOR THE ATHLETIC COMPLEX THAT TOOK PLACE ON LAST WEEK COUNCILMEMBER BEAULIEU - NONE COUNCILMEMBER COLEMAN - NONE CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE Page 17 of 18 Minutes-June 2,2009 i MAYOR AMES- COMMENTED ON THE PRESS CLUB EVENT THAT WILL BE ON FRIDAY, JUNE 5, 2009, WHERE FIRE CHIEF ANNE HUFF WILL BE THE HONOREE, ALSO COMMENTED ON THE RECYCLING COMMITTEE MEETING,THE NEXT MEETING WILL BE JULY 13, 2009 AT 11:45 A.M. Public Comments (Persons are limited to three minutes) Terrell Chatman 645 Goliad Beaumont TX Founder of Gods Way Spiritual Maintenance, informed council of the free services offered and what they are doing throughout the community William Harlan 2385 Broadway #18 Beaumont TX Spoke regarding his objection to the uninsured motorist ordinance that was passed by council at the May 19, 2009 meeting Open session of meeting recessed at 3:14 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Beaumont Police Officers Association v. The City of Beaumont, Texas Estate of Elizabeth Gilbert Fortune KSH Ventures, LLC, dba LaQuinta Inns and Suites i I i There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. Bec y A , Mayor Tina Broussard, ity Clerk 101 � r Page 18 of 18 Minutes-June 2,2009