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Home My WebLink AboutMIN MAR 09 2010 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 March 9, 2010 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 March 9,2010, 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 2-4/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor"Big Jim" Salles of West End Baptist Church gave the invocation. Mayor Ames asked that there be a moment of silence on the passing of City Magistrate Theodore Johns. Councilmember Samuel led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Wright, Councilmembers Coleman, Beaulieu, Pate, Samuel and Smith. Absent: City Manager Kyle Hayes. Also present were Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "Save Your Vision Week" - March 9 - 13, 2010 - Proclamation read by Mayor Pro Tern Wright; accepted by Kenneth Semien, Sr., Chairman of the Vision Awareness Expo Committee, Beaumont South/Forest Park Lions Club, along with other club members Public Comment: Persons may speak on scheduled agenda items 2-4/Consent Agenda. John Newhouse 701 Trinity St. #310 Beaumont TX Spoke in regards to Item#3 on the agenda; approving an annual contract for the publication of legal notices Don Dodd 1635 Weston Court Beaumont TX Spoke in regards to Item#3 on the agenda; approving an annual contractforthe publication of legal notices Minutes-March 9,2010 CONSENT AGENDA Approval of minutes - March 2, 2010 Confirmation of committee appointments - Resolution 10 - 059 Jay Badillowould fill the unexpired term of Darryl Hill on the Convention and Tourism Advisory Board. The term would commence March 9, 2010 and expire June 17, 2010. (Mayor Becky Ames) A) Approve a contract for the purchase of lubricants for various city departments-Resolution 10 - 060 B) Approve a contract for the purchase of phosphate for use by the Water Utilities Department- Resolution 10 - 061 C) Approve a contract for the purchase of liquid ammonium sulfate for use by the Water Utilities Department - Resolution 10 - 062 D) Authorize the City Manager to execute all documents necessary, specifically including a contract, in order for the Southeast Texas Auto Theft Task Force(City of Beaumont)to transfer a vehicle title to the City of Port Arthur Police Department - Resolution 10 - 063 E) Authorize the settlement of the claim of John Sells - Resolution 10 - 064 Councilmember Pate made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 2566 IH-10 East. Administration recommended denial of the specific use permit request. Efren Sifuentes has applied for a specific use permit. Mr. Sifuentes states that the hours of operation of the El Vaquero Night Club would be 8 p.m. to 2 a.m., Friday - Sunday. He says that noise levels between 10 p.m. and 7 a.m. will not exceed the Zoning Ordinance requirement of 65 dB. While that noise level may be met inside Page 2 of 8 Minutes-March 9,2010 the night club, it is the noise in the parking lot created by patrons of the night club that is of concern. Immediately to the east of the night club is the Ridgewood Retirement Center. The noise generated by the proposed night club will have a detrimental effect on those persons living at the Ridgewood. The space was formerly occupied by a pool hall. In addition, another night club used to � occu py space in the west end of the shopping center. That night club generated a slew of complaints from the Ridgewood for noise, traffic and parking problems. At a Joint Public Hearing held February 15, 2010, the Planning Commission recommended 4.1 to deny a specific use permit to allow a drinking place in a GC-MD(General Commercial- Multiple Family Dwelling) District at 2566 IH-10 East. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE(SUBJECT TO THE CONDITION THAT THE OWNER PROVIDE SECURITY SUFFICIENT TO MAINTAIN ORDER AND CONTROL OF THE PARKING LOT ASSOCIATED WITH THE BUSINESS) GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE IN A GC -MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 2566 INTERSTATE 10 EAST IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR PRO TEM WRIGHT, COUNCILMEMBERS BEAULIEU, PATE, SAMUEL AND SMITH NAYS: MAYOR AMES, COUNCILMEMBER COLEMAN MOTION PASSED ORDINANCE 10 -017 2. Consider approving a one year contract to various vendors for various types of pipe fittings and materials for use by the Water Utilities Department. Administration recommended the award of a contract to various vendors at the unit costs. The estimated total annual expenditure is $1,157,984.31. Bids were requested from twelve (12) vendors for an annual contract for couplings, pipe fittings, valves, fire hydrants and other related materials for the use of the Water Utilities Department. Specifications required bidders to submit pricing for 154 line items, separated into thirteen (13)specific sections. Bids were evaluated upon the lowest total price per section, on an all or none basis. Only bidders submitting on every item within each section were considered. Six(6)vendors responded to the solicitation.One(1)vendor was declared non-compliant due to their failure to sign bid forms. All others were considered. Those listed below, and recommended for award are the lowest responsible bidders meeting all city specifications. Page 3 of 8 Minutes-March 9,2010 Funds are available in the Water Utilities Department's operating budget. Councilmember Pate made a motion to APPROVE RESOLUTION THAT THE BIDS FORA ONE(1) YEAR CONTRACT FOR PURCHASING COUPLINGS, PIPE FITTINGS, VALVES, FIRE HYDRANTS AND OTHER RELATED MATERIALS FOR USE BY THE WATER UTILITIES DEPARTMENT SUBMITTED FOR AN ESTIMATED CONTRACT EXPENDITURE OF $11157,984.31 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 10 - 065 3. Consider approving annual contracts for the publication of legal notices. Administration recommended the award of a primary contract to The Examiner and a secondary contract to the Beaumont Enterprise in a total estimated amount of $40,000. The publication of legal notices is utilized by various City departments and divisions,to meet various notification requirements as dictated bylaw. Last year the City spent approximately $72,300 on legal notices with the Beaumont Enterprise. The City Clerk's office handled 159 legal notices in FY2009. Currently, legal notices are posted primarily on Wednesdays,with other days of the week also being utilized, as needed.Although The Examiner does have a classified section, it does not currently include legal notices, but intends to implement this section within one week after notification of award. All City legal notices that are currently posted on Wednesdays will be changed to posting on Thursdays and placed with The Examiner. Legal notices that may be required to run on any other day would be published in the Beaumont Enterprise. Therefore, the great majority of the legal notices will be published in The Examiner. Bids were solicited and two (2) responses were received. The responses are as follows: Description The Examiner Beaumont Enterprise Newspaper with circulation of Per column line Per column line 50,000 or more Daily Rate No response $2.15 Sunday Rate No response $2.59 Newspaper with circulation Per column line Per column line under 50,000 Daily Rate No response No response Page 4 of 8 Minutes-March 9,2010 Sunday Rate No response No response Weekly $1.00 Not Applicable Description Answer Answer Current Circulation Total 39,999 or less 50,000 + Classified Advertisement day(s) of Thursday M, T, W, Th, F, Sa, Su publication Funds are included in the operating budgets of the various user departments and divisions. As a result of this contract,the City should realize a cost savings of approximately$30,000. Councilmember Coleman made a motion to DENY RECOMMENDATION BY STAFF FOR BIDS SUBMITTED BY THE EXAMINER AND AWARD THE ENTIRE BID TO THE BEAUMONT ENTERPRISE FOR A ONE(1)YEAR CONTRACT FOR THE PUBLICATION OF LEGAL NOTICES FOR USE BY VARIOUS CITY DEPARTMENTS BE ACCEPTED BY THE CITY OF BEAUMONT AS PRIMARY. Mayor Pro Tern Wright seconded the motion. AYES: MAYOR PRO TEM WRIGHT, COUNCILMEMBER COLEMAN NAYS: MAYOR AMES, COUNCILMEMBER SAMUEL, SMITH AND PATE NO VOTE: COUNCILMEMBER BEAULIEU MOTION FAILED Councilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE BIDS SUBMITTED BY THE EXAMINER AND THE BEAUMONT ENTERPRISE FOR A ONE (1) YEAR CONTRACT FOR THE PUBLICATION OF LEGAL NOTICES FOR USE BY VARIOUS CITY DEPARTMENTS BE ACCEPTED BY THE CITY OF BEAUMONT AS PRIMARY AND SECONDARY CONTRACTS,RESPECTIVELY. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS BEAULIEU, PATE, SAMUEL AND SMITH NAYS: MAYOR PRO TEM WRIGHT AND COUNCILMEMBER COLEMAN MOTION PASSED Resolution 10 - 066 4. Consider approving a contract for the purchase of sodium hydroxide for use by the Water Utilities Department. Administration recommended the award of a contract to FSTI, Inc., of Austin, in the amount of$113,700. Page 5 of 8 Minutes-March 9,2010 Bids were requested for a six(6)month contract to supply Sodium Hydroxide for use by the Water Utilities Department to purify the City's water supply. The previous vendor was Univar USA, of Houston at$121 per ton. The Water Utilities Department expects to purchase five hundred (500) dry tons during the six (6) month contract. Funds are available forthis expenditure in the Water Utilities Department's operating budget. Mayor Pro Tern Wright made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY FSTI, INC., OF AUSTIN, TEXAS, FOR A SIX (6) MONTH CONTRACT FOR THE PURCHASE OF SODIUM HYDROXIDE FOR USE BY THE WATER UTILITIES DEPARTMENT FOR AN ESTIMATED AMOUNT OF$113,700 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 10 - 067 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - CONDOLENCES TO THE JOHNS FAMILY ON THE LOSS OF JUDGE THEODORE JOHNS COUNCILMEMBER BEAULIEU - CONDOLENCES TO THE FAMILY OF JUDGE THEODORE JOHNS AND THE CONTRIBUTIONS THAT HE MADE TO THE COMMUNITY,HE WILL BE TRULY MISSED,THANKED DR.RANI TOHME,WATER UTILITIES DIRECTOR,FOR THE GREAT JOB THAT HE AND HIS STAFF DID WHEN THEY MET WITH TWO NEIGHBORHOOD GROUPS AT THE WATER UTILITIES DEPARTMENT REGARDING HOW THE WATER AND SEWER IS BEING HANDLED,STAFF ANSWERED ALL OF THE QUESTIONS OF THE CITIZENS,THANKED FORMER MAYOR MAURY MYERS FOR HIS CONTINUED CONCERN FOR THE CITY MAYOR PRO TEM WRIGHT- CONDOLENCES TO THE FAMILY OF JUDGE THEODORE JOHNS ON HIS PASSING, COMMENTED ON HIS BEING A LEADER OF CIVIL RIGHTS AND THE RIGHTS OF WOMEN, HE WAS A PERSON THAT WORKED BEHIND THE SCENES, ALSO COMMENTED ON HIS LEADERSHIP IN GETTING LAMAR UNIVERSITY AND THE BUS SYSTEM INTEGRATED, CONGRATULATED THE LAMAR UNIVERSITY WOMEN'S Page 6 of 8 Minutes-March 9,2010 BASKETBALL ON THEIR WIN IN THE SOUTHLAND CONFERENCE, ANNOUNCED THAT ON SATURDAY, MARCH 13, 2010, THERE WILL BE HISTORY REGARDING JUDGE JOHNS FROM 10:00 A.M. TO 12:00 P.M. AT ANTIOCH BAPTIST CHURCH COUNCILMEMBER PATE - CONDOLENCES TO THE FAMILY OF JUDGE THEODORE JOHNS ON HIS PASSING, COMMENTED ON HOW JUDGE JOHNS WORKED TO INTEGRATE THE GOLF COURSES, COMMENTED ON WOMEN'S HISTORY MONTH, CONGRATULATED COACH TIDWELL AND THE LAMAR UNIVERSITY WOMEN'S BASKETBALL WHO WON THE SOUTHLAND CONFERENCE FOR THE FIRST TIME IN A DECADE COUNCILMEMBER SAMUEL- EXTENDED HIS CONDOLENCES TO THE JOHNS FAMILY AND LOOKS AT THIS AS A JOYOUS OCCASION, HIS BODY IS AT REST BUT HIS SPRIT LIVES FOREVER, THANKED JUDGE JOHNS FOR ALL OF HIS EFFORTS IN THE COMMUNITY, CONGRATULATED THE LAMAR UNIVERSITY WOMEN'S BASKETBALL COUNCILMEMBER SMITH - CONDOLENCES TO THE FAMILY OF JUDGE THEODORE JOHNS, STATED THAT JUDGE JOHNS HAS BEEN A CORNERSTONE IN THE COMMUNITY, ANNOUNCED THAT HIS FUNERAL SERVICES WILL BE SATURDAY,MARCH 13,2010, AT ANTIOCH BAPTIST CHURCH AT 1:00 P.M., ASKED THAT EVERYONE PAY RESPECT TO A PIONEER OF BEAUMONT, TEXAS CITY ATTORNEY COOPER - EXTENDED CONDOLENCES TO THE FAMILY OF JUDGE THEODORE JOHNS,ALSO LOOKED TO ELMO WILLARD AND THEODORE JOHNS AS ROLE MODELS GROWING UP,JUDGE JOHNS WILL BE TRULY MISSED CITY MANAGER HAYES - NONE MAYOR AMES - CONDOLENCES TO THE FAMILY OF JUDGE THEODORE JOHNS, ANNOUNCED THAT HIS FUNERAL WILL BE SATURDAY, MARCH 13, 2010, AT 1:00 P.M., ANTIOCH BAPTIST CHURCH,ALONG WITH A VISITATION FROM 10:00 A.M. TO 12:00 P.M., PRIOR TO THE FUNERAL, ALSO RECEIVED A NOTE THAT ON FRIDAY, MARCH 12, 2010, AT 6:00 P.M., THERE WILL BE A VIEWING AT MERCY FUNERAL HOME, MAYOR AMES REMEMBERED WHEN JUDGE JOHNS WAS APPOINTED AS A MUNICIPAL COURT JUDGE, HIS LEGACY WILL LIVE ON THROUGH THE LIBRARY THAT IS Page 7 of 8 Minutes-March 9,2010 NAMED AFTER HIM,CONGRATULATED COACH TIDWELL AND THE LAMAR UNIVERSITY WOMEN'S BASKETBALL FOR WINNING THE SOUTHLAND CONFERENCE, COMMENTED ON A VISIT FROM THE MEMBERS OF THE MEXICAN CONSULATE OF HOUSTON, TX, WHO DONATED BOOKS TO THE CITY'S LIBRARY Public Comments (Persons are limited to three minutes) None Open session of meeting recessed at 3:28 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Clifford Teasley v. City of Beaumont Brandon Pickard v. City of Beaumont, Texas, et al Claim Against Beaumont Metropolitan YMCA There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. Jowl \\� Becky A4i"kL LhkAwl Ame , Mayor W.r �? 111 Tina Broussard, City Clerk l� Page 8 of 8 Minutes-March 9,2010