The URL can be used to link to this page

Home My WebLink AboutMIN NOV 03 2009 M I N U T E S - CITY OF BEAUMONT W.L. Pate, Jr., At-Large BECKY AMES, MAYOR Gethrel Wright, Mayor Pro Tern Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Ward II Audwin Samuel,Ward III November 3, 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 November 3,2009, 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 1-5/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. MayorAmes led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Councilmembers Coleman, Beaulieu, Pate and Samuel. Absent: Mayor Pro Tern Wright and Councilmember Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Mayor Pro Tern Wright was absent due to illness and Councilmember Smith was absent due to work. Proclamations, Presentations, Recognitions "The Arc of Greater Beaumont Holiday Cards for a Cause" - November 7, 2009 - Proclamation read by Councilmember Beaulieu; accepted by Linda Bloodsworth, Spokesperson; Brandi Herron, James Watkins, and others "National Adoption Day" - November 20, 2009 - Proclamation ready by Councilmember Pate; accepted by Shari Pulliam, Department of Human Services "National Lung Cancer Awareness Month" - November, 2009 - Proclamation read by MayorAmes; accepted by Rick Bridges with Lung Cancer Alliance, Beaumont Organization Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Minutes-November 3,2009 Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda. None CONSENT AGENDA Approval of minutes - October 27, 2009 Confirmation of committee appointments - None A) Approve a contract for grounds maintenance at Tyrrell Park - Resolution 09 - 331 B) Approve a payment of fiscal year 2010 dues to the South East Texas Regional Planning Commission - Resolution 09 - 332 C) Approve a resolution casting the City of Beaumont's allocated number of votes(449)to C. L. Sherman for re-election to the Jefferson County Appraisal District Board of Directors - Resolution 09 - 333 D) Authorize the City Manager to execute all documents necessary, specifically including a renewal of a contract, in order for the Southeast Texas Auto Theft Task Force to have use of a kiosk at Parkdale Mail - Resolution 09 - 334 E) Authorize the acceptance of a water line easement to provide water services for the Islamic Center properties located at 1270 West Cardinal Drive - Resolution 09 - 335 Councilmember Beaulieu made a motion to approve the Consent Agenda. Councilmember Pate seconded the motion. AYES: MAYOR AMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider accepting the Grand Recap of the tax roll for the tax year 2009(Fiscal Year 2010). Administration recommended the acceptance of the Grand Recap of the tax roll for the tax year 2009 with a taxable value of $6,556,908,133. Pursuant to the Texas Property Tax Code, Section 26.09,this recap must be approved by the City Council. Page 2 of 8 Minutes-November 3,2009 On September 22, 2009, Council approved the tax roll as certified by the Jefferson County Appraisal District with a taxable value of$6,556,908,133. There is no change in the taxable value of the Grand Recap. Councilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL, PURSUANT TO THE TEXAS PROPERTY TAX CODE,SECTION 26.09, HEREBY APPROVES THE GRAND RECAP OF THE TAX ROLL FOR THE TAX YEAR 2009(FY 2010)WITH A TAXABLE VALUE OF$6,556,908,133. Councilmember Samuel seconded the motion. AYES: MAYOR AMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 09 - 336 2. Consider approving the purchase of twenty-three patrol vehicles for use by the Police Department. Administration recommended approval of the purchase from Philpott Motors of Nederland in the amount of $570,333. Pricing for this purchase is obtained through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program. All twenty-three (23) patrol vehicles requested will replace units that are used in daily operations by the Patrol Division. The vehicles to be replaced are on a scheduled replacement cycle in order to keep serviceable vehicles available at all times. The new vehicles are 2010 Ford Crown Victorias with the police package. Delivery is expected within thirty (30) days. Funds are budgeted in the Capital Reserve Fund. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE,AND HE IS HEREBY,AUTHORIZED TO APPROVE THE PURCHASE OF TWENTY-THREE(23)PATROL VEHICLES FOR USE BY THE POLICE DEPARTMENT FROM PHILPOTT MOTORS IN THE AMOUNT OF $570,333 THROUGH THE HOUSTON-GALVESTON AREA COUNCIL (H-GAC) COOPERATIVE PURCHASING PROGRAM. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 09 - 337 Page 3 of 8 Minutes-November 3,2009 3. Consider approving a contract for the roof replacement on the Police Property Building, formerly known as the Goodwill Building. Administration recommended a contractwith The Garland Company, Inc., dba Design-Build Solutions, Inc. of Cleveland, Ohio in the amount of$285,430 for the roof replacement on the Police Property Building through the Texas Multiple Award Schedule (TXMAS) contract. The TXMAS Program, established by State of Texas Procurement and Support Services office, adapts existing competitively awarded federal government contracts to the procurement needs of the State and other government entities within Texas. The contracts meet all state bidding requirements. In 2006, Council approved the purchase of the former Goodwill Building in order to provide storage space for Police Department property and evidence. The minimum required renovations thatwill renderthe building fit for the intended purpose include a roof replacement, elevator and A/C repairs, and the installation of a security system. Upon the completion of these renovations, Police Property will be moved to the second floor of the facility while Surplus Property will be moved to the first floor as well as emergency food and equipment. The contract with The Garland Company, Inc., dba Design-Build Solutions, Inc. includes all labor, materials, and equipmentto replace the asphalt roof which has experienced extensive failures and has deteriorated beyond repair. The contract provides a 20-year labor and material weather tightness warranty. Funds for the roof replacement are budgeted in the Capital Program. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO THE GARLAND COMPANY,INC.,DBA DESIGN- BUILD SOLUTIONS, INC., OF CLEVELAND, OHIO, IN THE AMOUNT OF $285,430 FOR ROOF REPLACEMENT ON THE POLICE PROPERTY BUILDING LOCATED AT 790 ORLEANS TO INCLUDE ALL LABOR, MATERIALS, AND EQUIPMENT, THROUGH THE TEXAS MULTIPLE AWARD SCHEDULE CONTRACT. Councilmember Coleman seconded the motion. AYES: MAYOR AMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 09 - 338 4. Consider amending Section 11-1 .1 of the Code of Ordinances related to the definition of Food Sale Permit. Administration recommended Council approval. Page 4 of 8 Minutes-November 3,2009 On February 10, 2009, City Council approved an ordinance requiring Mobile Food Unit vendors to receive a Food Sale Permit each time the unit was opened for business. The definition for Food Sale Permit failed to identify the distinction between non-potentially hazardous foods and potentially hazardous foods. The purpose for the creation of the Food Sale Permit was to reduce the risk of food borne illnesses in mobile food units because of the limited ability of the vendors to control the hot/cold storage of food in these such units. The definition change will allow vendors that sell items such as popcorn, snow cones, and prepackaged food items to operate by securing a yearly permit instead of a food sale permit. Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 11,ARTICLE 1,SECTION 11-1.1,OF THE CODE OF ORDINANCES PROVIDING FOR MOBILE FOOD UNIT REGULATION; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Pate seconded the motion. AYES: MAYOR AMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 09 - 064 5. Consider authorizing the City Manager to execute a contract for the Proposed Tram Road Lift Station Rehabilitation Project. Administration recommended approval of a contract with T. Johnson Industries, Inc., Lumberton, Texas, in the amount of$132,673.69 for the Proposed Tram Road Lift Station Rehabilitation Project. The proposed project will remove the existing single self priming pump and controls and replace it with two(2)submersible pumps, electrical controls, 867 linear feet of four (4") inch force main and all associated site work. The existing Tram Road lift station was built in 1970 and has deteriorated and requires major rehabilitation. 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. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH T. JOHNSON INDUSTRIES, INC., LUMBERTON, TEXAS, IN THE AMOUNT OF $132,673.69 FOR THE PROPOSED TRAM ROAD LIFT STATION REHABILITATION PROJECT. Councilmember Samuel seconded the motion. AYES: MAYOR AMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE AND SAMUEL NAYS: NONE Page 5 of 8 Minutes-November 3,2009 MOTION PASSED Resolution 09 - 339 WORKSESSION Review and discuss a request from Jefferson County relating to the Southeast Texas Regional Airport Jeff Branick, First Assistant to the County Judge and County Commissioner Mark Domingue, discussed the request from Jefferson County relating to the Southeast Texas Regional Airport. In 1950 the cities of Beaumont, Nederland and Port Arthur executed an agreement providing that no municipality would exercise annexation authority over any portions of the airport property. Over the last several months it has been discussed with the City of Nederland and their EDC. There is economic development money available to stimulate the development of the property adjacent to Highway 69, provided that a limited tract of the property can be annexed by the City of Nederland. The Commissioner's Court authorized Judge Walker to execute a limited waiver to the original agreement so as to accomplish this purpose. It will likewise need to be executed by each of the cities to carry it into effect. Mr. Branick asked that the City of Beaumont place this item on the City's agenda for approval. The City of Nederland has already passed this item on their agenda. The City of Port Arthur is in agreement and will put the item on their agenda. Review and discuss proposed amendments to the Tow-Truck Ordinance Jim Thompson, Parks and Recreation Director, discussed the proposed amendments to the Tow- Truck Ordinance. It was stated that the ordinance proposed amendments are to update agency names and definitions, eliminate unnecessary language, promote increased safety for citizens, officers and other vehicles, by increasing the distance requirements at accidents scenes to a thousand feet, credit cards be accepted, towing companies be available regularly by telephone, increase the rate of standard codes to$150.00, establish an hourly rate of$200.00 for a heavy tow. A heavy tow would be any vehicle weighing over 10,000 pounds. The amendments also establish procedures by which a towing company may request that a rate study be performed, as well as the Chief's authority to implement and regulate a rotation system for towing companies that wish to be used in non-consent tows. The appeals procedure was strengthened so that penalties may be modified by the City Councilor its appointed hearing officer. Copies of the proposed amendments were sent to all local towing companies. Review and discuss a Severe Repetitive Loss Grant Program Recently, City Council considered whether or not to apply for funds from the Severe Repetitive Loss (SRL) Flood Buyout Program. The advantages of providing relief to homeowner's with recurring flooding was weighed against the disadvantages of having permanently vacant lots within various neighborhoods. Many of the homes on FEMA's SRL list were then shown to be within areas of improved drainage, due to recent and planned improvements by Drainage District#6 and the City of Beaumont. Page 6 of 8 Minutes-November 3,2009 As any buyout program is voluntary, a survey was sent out to all of the owners on the SRL list to determine the level of interest in a buyout program. Of the surveys sent out, twenty-one (22) responses were returned. Ten (10) owners were interested in the program, eight (8) might be interested, and three (3) are not interested in participating in a buyout program. COUNCILMEMBER COMMENTS COUNCILMEMBER SAMUEL - ANNOUNCED FOR COUNCILMEMBER SMITH THE WARD IV TOWN HALL MEETING ON THURSDAY, NOVEMBER 5, 2009 AT THE L. L. MELTON YMCA, AT 5:30 P.M. COUNCILMEMBER PATE - COMMENTED ON THE AWARD HE ACCEPTED FOR BABE ZAHARIAS, WHO WAS INDUCTED INTO THE SOUTHERN CALIFORNIA GOLF ASSOCIATION HALL OF FAME COUNCILMEMBER BEAULIEU - COMMENTED ON HER TRIP LAST WEEK, AS WELL AS HER BLACK LAB WHO IS A NATIONAL MASTER RETRIEVER,ALSO COMPLIMENTED TWO CODE ENFORCEMENT EMPLOYEES, DELIA GATES AND CARVEN DUKES, WHO ATTENDED THE AMELIA NEIGHBORHOOD ASSOCIATION MEETING ON MONDAY NIGHT COUNCILMEMBER COLEMAN - THANKED BART BARTKOWIAK FOR THE GREAT TECHNOLOGY IN COUNCIL CHAMBERS MAYOR PRO TEM WRIGHT - ABSENT COUNCILMEMBER SMITH - ABSENT CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - NONE Public Comments (Persons are limited to three minutes) Gwen Jackson 4825 Park St. Beaumont TX Spoke regarding being a repetitive flood loss victim, would like Council to consider the Buy Out Program John Neff 1 Taft St. Lumberton TX Spoke regarding the proposed cost of$200.00 an hour for the heavy duty towing, stated that there is more to the heavy duty towing than what was discussed earlier in the worksession Page 7 of 8 Minutes-November 3,2009 Gregory Stanley 2255 Louisiana Beaumont TX Commented on heavy duty towing and the recovery fee, stated that the towing companies are regulated by Texas Department of License and Regulations, requested that council consider appointing several representatives from the towing companies when the decision are made pertaining to the ordinance changes Esker Payne 711 Pine St. Beaumont TX In agreement with the first two comments made pertaining to the heavy duty tow, also had concerns about the 10,000 pound that is mentioned in the ordinance and the fees proposed Tim Neff Jr. 5385 Fannett Rd. Beaumont TX Thanked council for reviewing the ordinance,commented on the heavy duty towing, asked that council not regulate their recovery on heavy duty tow Open session of meeting recessed at 2:55 p.m. EXECUTIVE SESSION Consider matters related to employment,evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: Kyle Hayes, City Manager Tyrone E. Cooper, City Attorney Tina Broussard, City Clerk Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Crockett Street Development, Ltd. There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. kw,4— 94601� 1� M0�\,1�l� Bec Am Mayor Tina Broussard, City Clerk Page 8 of 8 Minutes-November 3,2009