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HomeMy WebLinkAboutMIN MAR 08 2011 S M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr., Mayor Pro Tern BECKY AMES, MAYOR Gethrel Williams-Wright,At Large Dr.Alan B. Coleman,Ward I CITY COUNCIL MEETING Ward 11 Audwin Samuel,Ward III March 8,2011 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 8, 2011, 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 5-17/Consent Agenda * Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Rodney Graves of McCabe Roberts Avenue United Methodist Church gave the invocation. Councilmember Coleman led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Pate, Councilmembers Coleman, Wright, Samuel and Smith. Absent: Kyle Hayes, City Manager. Also present were Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "Taste of the Triangle Day" - March 8, 2011 - Proclamation read by Mayor Ames; accepted by Matt Peterson of the Sabine Restaurant Association, as well as other members of the Association "Flood Safety Awareness Week" - March 14-18, 2011 - Proclamation read by Councilmember Smith; accepted by Officers Randy Stevens and Carol Riley Councilmember Samuel left the meeting at 1:41 p.m. "Women in Construction Week" - March 6-12, 2011 - Proclamation read by Mayor Pro Tern Pate; accepted by Darline Moody and Kristi McGuire of the Port Arthur-Golden Triangle National Association of Women in Construction Chapter 377 Public Comment: Persons may speak on scheduled agenda items 5-17/Consent Agenda. Bertha O'Neill 2425 N. 101h St. Beaumont TX Spoke in regards to Item #17 on the agenda, there is nothing personal against Starvin Marvin's, would simply ask that the volume be turned down, stated that the owner has invested a lot of money in his business, thinks it is probably a nice place to visit, she would just like to get the noise turned down Annette Collins 2305 N. 10th St. Beaumont TX Spoke in regards to Item#17 on the agenda, would like for Council to approve this item the noise level is still too high, this is the only thing that is requested, stated she has Transit Mix on one side and Starvin Marvin's on the other side, her household is suffering sleep deprivation Martha W. Smith 2210 N. 11th St. Beaumont TX Spoke in regards to Item #17 on the agenda, asked that Council please pass this ordinance, all the neighbors want is peace and quiet from the noise so that one can read, listen to clean music etc., ask that Council just help them deal with this problem, has lived in her house for 49 years and does not want to leave Robert White 1006 Tanglewood Roundrock TX Spoke in regards to Item #17 on the agenda, commented that he frequently visits his cousin here in Beaumont, the noise is a constant annoyance when visiting, there needs to be something done in regards to the loud music T. Shannon Buckley 2210 N. 11th St. Beaumont TX Spoke in regards to Item #17 on the agenda, stated that noise is hazard to someone's health, his grandmother lives next door to Starvin Marvin's, the noise is toxic and it's a violation of the freedom that is deserved and the right to peace and quiet that's afforded to the citizens in the current noise ordinance Robert Rayna 1890 Laurel Beaumont TX Spoke in regards to Item#16 on the agenda, requested Council's support of the proposed low income housing tax credit project, the Housing Authority is partnering with a San Antonio area developer called the NRP Group to build a 140 unit housing development at the corner of Eastex Freeway and Chinn Lane Desirre Dickenson 2520 Sweetgum #106 Beaumont TX Spoke in regards to Item #17 on the agenda, stated she is an apartment manager that is located next door to the establishment, the noise is starting to affect business, residents are wanting to move because of the noise, the complex has been in that location for 43 years and should account for something, asked that Council pass this ordinance and that the ordinance is enforceable Cade Bernsen 253 Ridgeland Beaumont TX Spoke in regards to Item #17 on the agenda, stated that his law firm represents Starvin Marvin's, there is some concern about the proceedings and the comments that have been stated before Council, asked that no vote be taken on today, time needs to be given to review the ordinance presented CONSENT AGENDA Approval of minutes— February 22, 2011 Confirmation of committee appointments - Resolution 11- 079 Sandra Womack would be appointed as Vice Chairman of the Police Department Community Advisory Committee. The term would commence March 8, 2011 and expire March 7, 2012. (Mayor Becky Ames) A) Approve the purchase of 19 mobile computers for the Police Department—Resolution 11 - 080 B) Authorize the acquisition of properties (6420-6490 Eastex Freeway)for the Concord Road Pavement Widening Project— Resolution 11 - 081 C) Authorize the acquisition of property (0.3509 acre out of Thomas Spear Survey, Abstract No. 50) for the Concord Road Pavement Widening Project— Resolution 11 -082 D) Authorize the acquisition of property (6085 Concord Road) for the Concord Road Pavement Widening Project— Resolution 11 - 083 E) Authorize the acquisition of property (0.0310 acre out of F. Bigner Survey, Abstract No. 1) for the Concord Road Pavement Widening Project— Resolution 11 - 084 F) Authorize the acquisition of property (5035 Concord Road) for the Concord Road Pavement Widening Project— Resolution 11 - 085 G) Authorize the acquisition of property (5065 Concord Road) for the Concord Road Pavement Widening Project— Resolution 11 - 086 H) Approve exercising an option to extend a contract for investment management services— Resolution 11 - 087 J) Authorize the City Manager to submit an application to the Texas Department of Transportation for temporary use of State of Texas right-of-way for the Gusher Marathon— Resolution 11 -089 K) Approve a resolution to write-off uncollectible water accounts— Resolution 11 - 090 Q Authorize the acceptance of a Drainage Easement from Charles Dennings— Resolution 11 - 091 M) Authorize the City Manager to execute a one year lease agreement for use of the property at 8155 Phelan Blvd. for EMS Med No. 4 — Resolution 11 - 092 N) Approve accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Bayou Willow Parkway, Part II — Resolution 11 - 093 O) Approve an annual contract for Fire Department Uniforms — Resolution 11 - 094 Mayor Pro Tern Pate made a motion to approve the Consent Agenda with the exception of Item I. Councilmember Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM PATE,COUNCILMEMBERS COLEMAN,WRIGHT AND SMITH NAYS: NONE MOTION PASSED 1) Approve a contract with Jefferson County for rental of election equipment and supplies for the May 14, 2011 General Election. Councilmember Wright made a motion to approve the Consent Agenda. Mayor Pro Tern Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN AND WRIGHT NAYS: NONE ABSTAIN: COUNCILMEMBER SMITH MOTION PASSED Resolution 11 — 088 GENERAL BUSINESS 1. Consider a request for a specific use permit to allow a trailer fabrication and repair business in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5408 Washington Boulevard. Administration recommended approval of a specific use permit to allow a trailer fabrication and repair business in a GC-MD(General Commercial-Multiple Family Dwelling) District at 5408 Washington Boulevard. Bryant Maraist has requested a specific use permit. Mr. Maraist will be leasing a 2,500 sq. ft. space to Royce Long, owner of Long's Trailer Repair. Mr. Long states that the property will be used for the construction and repair of trailers and parts sales. Welding of steel and aluminum will be done inside the building.All galvanizing of trailers and parts will be done by AZZ Galvanizing at another location. No use of chemicals that have any odor will be used on the property. At a Joint Public Hearing held February 21, 2011, the Planning Commission voted 6:0 to approve a specific use permit to allow a trailer fabrication and repair business in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5408 Washington Boulevard. Mayor Pro Tern Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A TRAILER FABRICATION AND REPAIR BUSINESS IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 5408 WASHINGTON BOULEVARD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. councilmember Smith seconded the motion. AYES: MAYORAMES,MAYOR PRO TEM PATE,COUNCILMEMBERS COLEMAN,WRIGHT AND SMITH NAYS: NONE MOTION PASSED Ordinance 11 -018 2. Consider a request for a specific use permit to allow a retail strip center with the following but not limited to uses, a hamburger restaurant, insurance agency, retail T-shirt store, jewelry store, and candle store in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 622 W. Lucas. Administration recommended approval of a specific use permit to allow a retail strip center with the following but not limited to uses, a hamburger restaurant, insurance agency, retail T-shirt store,jewelry store, and candle store in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 622 W. Lucas. Darlene Hanna has requested a specific use permit. Ms. Hanna states that she would like to construct a 4,600 sq. ft., retail strip center with space for five commercial establishments. The strip center will be anchored by the restaurant. The operating hours of the restaurant will be 10:30 a.m. - 8:00 p.m., Monday thru Saturday. The operating hours of the other commercial establishments will be 9:00 a.m. — 6:00 p.m., Monday thru Saturday. The property is currently occupied by a seasonally operated sno-cone stand. Christmas trees are also sold on the property during the Christmas season. In 2009, Ms. Hanna constructed a 2,300 sq. ft. dance studio at 4305 Calder. Since parking is at a premium at the dance studio/retail store location. At a Joint Public Hearing held February 21, 2011, the Planning Commission voted 5:0:1 to approve a specific use permit to allow a retail strip center with the following but not limited to uses, a hamburger restaurant, insurance agency, retail T-shirt store, jewelry store, and candle store in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 622 W. Lucas subject to the following conditions: The owner shall apply for and receive a special exception to the parking requirement for the property at 622 W. Lucas or reduce the size of the building to accommodate the available parking. • Reduce the driveways widths to a maximum of 35'. • Provide a six foot landscape strip along all parking lot frontages. • Construct the handicap parking spaces to meet ADA standards and specifications. • Delete a minimum of four parking spaces (as shown on site plan) to avoid traffic conflicts. NOTE: Transportation Engineering will have final approval on parking lot. Since the Planning Commission meeting, the applicant has addressed the conditions placed upon the specific use permit. The site plan reflects those changes. Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW FOR A RETAIL STRIP CENTER INCLUDING A HAMBURGER RESTAURANT, INSURANCE AGENCY, RETAIL T-SHIRT STORE, JEWELRY STORE AND CANDLE STORE IN A GC-MD-2(GENERAL COMMERCIAL-MULITIPLE FAMILY DWELLING-2)DISTRICT AT 622 W. LUCAS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,TEXAS. Mayor Pro Tern Pate seconded the motion. AYES: MAYORAMES,MAYOR PRO TEM PATE,COUNCILMEMBERS COLEMAN,WRIGHT AND SMITH NAYS: NONE MOTION PASSED Ordinance 11 — 019 3. Consider a request for an amended specific use permit to allow a modification to the landscaping/screening requirements by deleting the 8' tall screening fence and 10' wide landscape strip along the east and south sides of the property as part of a specific use permit to allow dental and optometry offices in a GC-MD-2 (General Commercial - Multiple Family Dwelling-2) District at 6705, 6725 and 6755 Delaware. Administration recommended approval of the modification to the landscaping/screening requirements along the south or east property lines until such time as the property to the south or east is developed. Daron Etie, Peter Cass and Scott Traylor, representing Beaumont Property Investments have requested an amended specific use permit. Dr. Cass states that the original intent was to develop the property as a whole. The specific use permit that was granted for this property was conditioned upon providing the fencing and the landscape strip. However, in 2008, the subject property was subdivided into a three lot subdivision. Dr. Etie built his dentistry office approximately one year ago on Lot 1. Dr. Cass recently opened his optometry office on Lot 2. The remaining property, Lot 3, is listed for sale. The doctors are requesting that the fences and landscape strips be waived until such time that Lot 3 is developed and that the fence and landscape strip along the east side of Lots 1 and 2 be waived until such time that the adjacent property develops. At a Joint Public Hearing held February 21, 2011, the Planning Commission voted 6:0 to deny the modification to the landscaping/screening requirements along the east property lines of Lots 1 and 2 and approval of the modification to the landscaping/screening requirements along the east and south property lines of Lot 3 until it is developed. Mayor Pro Tern Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO BEAUMONT PROPERTY INVESTMENTS TO ALLOW A MODIFICATION TO LANDSCAPING/SCREENING REQUIREMENTS AS PART OF A SPECIFIC USE PERMIT TO ALLOW A DENTAL AND OPTOMETRY OFFICE IN A GC-MD-2(GENERAL COMMERCIAL— MULTIPLE FAMILY DEWLLING-2) DISTRICT AT 6705,6725,6755 DELAWARE,AS WELL AS WITH THE SIGNING OF AN AGREEMENT WITH THE LAND OWNER TO ENFORCE THE LANDSCAPING/SCREENING MODIFICATION ONCE THE ADJACENT PROPERTY HAS BEEN DEVELOPED. Councilmember Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM PATE,COUNCILMEMBERS COLEMAN, WRIGHT AND SMITH NAYS: NONE MOTION PASSED Ordinance 11 - 020 4. Consider a request for amendments to the Zoning Ordinance, Section 28.03.023, Permitted Use Table, to conform to the new codification numbering and to correct typographical errors. Administration recommended approval of a request for amendments to the Zoning Ordinance, Section 28.03.023, Permitted Use Table, to conform to the new codification numbering and to correct typographical errors. The Planning Manager has requested amendments to the Zoning Ordinance. The Planning Manager is asking the Planning Commission and City Council to consider amendments to the Zoning Ordinance, Sec. 28.03.023, Permitted Use Table, to conform to the new codification numbering and to correct typographical errors that have occurred over time. In 2006, City Council approved amendments to the Permitted Use Table to temporarily require that all uses in the CBD (Central Business District) require a specific use permit. In 2009, City Council approved amendments to the Permitted Use Table to allow some uses by right and others with a specific use permit. During these amendment processes, it appears that several versions of the Permitted Use Table were in use. After a thorough review, staff has compiled a corrected Permitted Use Table that incorporates all the changes that have been approved by City Council. In addition, approval of these amendments would make the Permitted Use Table conform to the new codification numbering of the City Code of Ordinances. At a Joint Public Hearing held February 21, 2011, the Planning Commission voted 6:0 to approve amendments to the Zoning Ordinance, Section 28.03.023, Permitted Use Table, to conform to the new codification numbering and to correct typographical errors. COuncilmember Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING SECTION 28.03.023, PERMITTED USE TABLE, TO CONFORM TO THE NEW CODIFICATION NUBMERING AND TO CORRECT TYPOGRAPHICAL ERRORS CONTAINED IN THE CURRENT CODE OF ORDINANCES; PROVIDING FOR SEVERABLILTY;PROVIDING FOR REPEAL;AND PROVIDING A PENALTY. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT AND SMITH NAYS: NONE MOTION PASSED Ordinance 11 — 021 5. Consider the abandonment of a drainage easement at 4975 Sassafras Lane. Administration recommended approval. Charles Dennings has applied for the abandonment of a drainage easement. The subject abandonment is for a 10'wide drainage easement that sits underneath a newly constructed house at 4975 Sassafras Lane. Mr. Dennings owns Lots 17 and 18, Block 4, The Woodlands Addition, Unit IV. The drainage easement runs along the property line separating Lots 17 and 18. The house was built over the easement and an 18" storm sewer line. The Public Works Department has approved two alternatives for the rerouting of the drainage facilities. Fittz and Shipman, Inc. have submitted a plan whereby a 15' wide drainage easement along the west property line of Lot 18 will be dedicated to the City. The Public Works Department also recommends that the existing storm sewer be filled with a flow-able grout once capped. At a Regular Meeting held February 21, 2011, the Planning Commission recommended approval 6:0 of the abandonment subject to the following conditions: • A new storm sewer pipe will be installed from the existing curb inlet on Sassafras Lane as per the Public Works Department's letter to Mr. Dennings dated February 10, 2011. • A new 15' storm sewer easement shall be dedicated to the City and approved by City Council prior to the abandonment of the existing 15' easement. • The City of Beaumont shall be released from any liability that may arise from the existing pipe located under your newly constructed structure. Mayor Pro Tern Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING A 10'WIDE DRAINAGE EASEMENT OUT OF LOTS 17 AND 18 BLOCK 4 OF WOODLANDS ADDITION, UNIT IV, BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. AYES: MAYORAMES,MAYOR PROTEM PATE,COUNCILMEMBERS COLEMAN,WRIGHT AND SMITH NAYS: NONE MOTION PASSED Ordinance 11 — 022 6. Consider the abandonment of a utility easement between Avenue E and Avenue F. Administration recommended approval of the abandonment. Robert Zingelmann, Director of Business and Finance for BISD, has applied for the abandonment of a utility easement between Avenue E and Avenue F. In April,. 1997, City Council approved the abandonment of Milarn Street, between Avenues E and F subject to the retention of a 60' x 300' general utility and drainage easement. The current abandonment request is being made to allow for the construction of expanded cafeteria facilities on the site to accommodate the growing needs of Fletcher Elementary School. The school, originally built for approximately 300 students, currently accommodates over 750 children. The existing cafeteria is grossly undersized causing hardships for both staff and students. The easement runs directly through the school campus and is roughly adjacent to the existing cafeteria building. The only option available to BISD is to add a 54' extension to the existing building. The utility and drainage facilities that required the need for the utility and drainage easement have either been abandoned or will be moved. At a Regular Meeting held February 21, 2011, the Planning Commission recommended approval 6:0 of the abandonment subject to the following condition: • An utilities within the proposed abandonment will have to be moved at BISD's Y P p expense. Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING A UTILITY EASEMENT BETWEEN AVENUE E AND AVENUE F,BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. AYES: MAYORAMES,MAYOR PROTEM PATE,COUNCILMEMBERS COLEMAN,WRIGHT AND SMITH NAYS: NONE MOTION PASSED Ordinance 11 - 023 7. Consider authorizing the City Manager to execute a joint election agreement for a general election for the City of Beaumont, Beaumont Independent School District, and the Port of Beaumont, for the conducting of a General Election on Saturday, May 14, 2011, with a runoff election to be held in June, 2011, if necessary. Administration recommended authorizing the execution of a joint election agreement for a general election for the City of Beaumont, Beaumont Independent School District, and the Port of Beaumont, for the conducting of a general election on Saturday, May 14, 2011,with a runoff election to be held in June, if necessary. Chapter 271 of the Texas Election Code provides, if the elections ordered by the authorities of two or more political subdivisions are to be held on the same day in all or part of the same territory, the governing bodies of the political subdivision may enter into an agreement to hold the elections jointly in the election precincts that can be served by common polling places. The City of Beaumont, Beaumont Independent School District, and the Port of Beaumont will conduct elections on Saturday, May 14, 2011. This action would authorize the City to hold the May 14th election jointly with the other entities and conduct a runoff if necessary in June, 2011. Expenses of the joint election would be divided equally among the entities having the common election. Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE A JOINT ELECTION AGREEMENT WITH THE CITY OF BEAUMONT, BEAUMONT INDEPENDENT SCHOOL DISTRICT AND THE PORT OF BEAUMONT FOR THE GENERAL ELECTION TO BE HELD ON MAY 14,2011,WITH A RUNOFF ELECTION TO BE HELD IN JUNE,2011,IF NECESSARY. Mayor Pro Tern Pate seconded the motion. AYES: MAYORAMES,MAYOR PRO TEM PATE,COUNCILMEMBERS COLEMAN,WRIGHT AND SMITH NAYS: NONE MOTION PASSED Resolution 11 — 095 8. Consider amending Ordinance 11-004 to eliminate one (1) polling location and three (3) precincts that would strictly be used for the Beaumont Independent School District voters. Administration recommended amending Ordinance 11-004 to remove one (1) previously approved polling location and three (3) precincts that were to be used for the Beaumont Independent School District voters. Council passed Ordinance 11-004 on January 25, 2011,calling the May 14, 2011, General Election. The previously approved polling location, Jerry Ware Terminal, 5000 Jerry Ware, Beaumont, TX, as well as Precincts 35, 74 and 114 need to be eliminated. The Beaumont Independent School District have determined through verification with the Voter Registrar's office that the three (3) precincts have no BISD voters, nor are they within the city limits of the City of Beaumont. The school district amended their ordinance on February 22, 2011, therefore the City of Beaumont needs to amend its order as well. Councilmember Smith made a motion to ADOPT AN ORDINANCE AMENDING ORDINANCE NO.11- 004 BY ELIMINATING ONE (1) POLLING LOCATION AND THREE (3) PRECINCTS PREVIOUSLY SELECTED FOR USE BY BEAUMONT INDEPENDENT SCHOOL DISTRICT (BISD)VOTERS DURING THE MAY 14, 2011 GENERAL ELECTION. Councilmember Coleman seconded the motion. AYES: MAYORAMES,MAYOR PROTEM PATE,COUNCILMEMBERS COLEMAN,WRIGHT AND SMITH NAYS: NONE MOTION PASSED Ordinance 11 —024 9. Consider approving a contract for the Cartwright/Corley Drainage Project. Administration recommended awarding the contract for the Cartwright/Corley Drainage Project to Brystar Contracting, Inc. in the amount of$948,949.55. The Council authorized the acceptance of a grant through the Texas Department of Rural Affairs (TDRA) on November 17, 2009 for Supplemental Disaster Recovery Non- Housing Activities. The approved projects to be funded through this grant are Riverfront Park Bank Stabilization and Cartwright/Corley Drainage Improvements. The Cartwright/Corley Drainage Project is a participation project with Drainage District No.6 (DD6) and the Texas Department of Rural Affairs (TDRA). The project includes the installation of detention ponds and an underground storm drainage system in the Cartwright/Corley area between 4th and I1-1-10. On February 10, 2011 the City of Beaumont received eight (8) bids for the Cartwright/Corley Street Drainage Improvement Project. The drainage phase of the project is required to drain the DD6 facilities. The base bid includes removing and replacing the drainage system on Corley Street from 5"St. to 7th St. Alternate No. 2 includes removing and replacing the existing street with a concrete street. Alternate No. 1 only provided for the repair of the street. Base bid plus alternate No.2 is recommended. The MBE goal will be met through subcontracting with American Remediation, Crabtree Barricade Systems, Specialty Sales Company, and Rural Pipe and Supply in the amount of $85,000.00 representing 8.96% of the contract amount. The TDRA grant will fund $869,277 of this project. The balance of$79,682.55 is available in the Capital Program. The TDRA grant in the amount of$4,340,669 included fees for construction, engineering and administration. Of this amount the total construction budget for both projects is $3,891,777. The construction contract for Riverfront Park Bank Stabilization is $3,022,500 resulting in a balance of $869,277 for the Cartwright/Corley Drainage Project. COuncilmember Smith made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO BRYSTAR CONTRACTING,INC.,OF BEAUMONT, TEXAS, IN THE AMOUNT OF$948,949.55 FOR THE CARTWRIGHT/CORLEY DRAINAGE PROJECT TO INCLUDE DRAINAGE BOXES, STREET PAVEMENT AND WATER & SEWER UTILITY SERVICES LINES. Councilmember Wright seconded the motion. AYES: MAYORAMES,MAYOR PROTEM PATE,COUNCILMEMBERS COLEMAN,WRIGHT AND SMITH NAYS: NONE MOTION PASSED Resolution 11 — 096 10. Consider approving a bid to restore the exterior masonry walls of the Jefferson Theatre and Municipal Court Building. Administration recommended the award of a bid to Moore's Waterproofing of Vidor, Texas in the amount of$387,260. Six (6) bids were received on Thursday, February 17, 2011 for furnishing all labor, materials, equipment and supplies to restore the exterior masonry walls of the historical Jefferson Theatre and the Municipal Court Building. The base bid is for the restoration service that includes tuck-pointing mortar joints in brick and cast stone components, as well as cleaning surfaces and the replacement of any damaged masonry components. Alternate No. 1 provides for a spray applied water repellant sealer as recommended by the architect for the Jefferson Theatre while Alternate No. 2 provides for the same sealer on the Municipal Court Building. Work is expected to commence in March and be completed in approximately 120 days. Due to the specialized nature of the work to be accomplished, only direct employees rather than sub-contractors will work on this project. Moore's Waterproofing is not certified as an MBE or HUB vendor. Funds in the amount of$270,460 for the masonry restoration of the Jefferson Theatre are provided by the Rita Fund. The Hazard Mitigation Grant will provide 75%, or$87,600, of the funding for the masonry restoration at the Municipal Court Building. The remaining 25%, or$29,200, is available in the Capital Reserve Fund. Councilmem r be Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO MOORE'S WATERPROOFING,OF VIDOR,TEXAS, IN THE AMOUNT OF $387,260 FOR MASONRY RESTORATION OF THE JEFFERSON THEATRE AND MUNICIPAL COURT BUILDING. Mayor Pro Tern Pate seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM PATE,COUNCILMEMBERS COLEMAN,WRIGHT AND SMITH NAYS: NONE MOTION PASSED Resolution 11 - 097 11. Consider approving a contract for rental of election equipment, software, training and other related services for the May 14, 2011 General Election. Administration recommended approving a contract with Election Systems and Software of Allen, TX, for the May 14, 2011, General Election in the amount of $120,405.00. The City of Beaumont has called its May 14, 2011, General Election to order, this election that will be held jointly with the Beaumont Independent School District as well as the Port of Beaumont. The contract allows ES&S to provide the necessary equipment, software, training and other related services necessary to conduct the election. Please note that the amount of the contract does not include funding for poll workers, facilities and election supplies. These additional cost are estimated to be $33,243.00. Funds are budgeted in the City Clerk's operating election budget. COuncilmember Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH (ES&S)ELECTION SYSTEMS AND SOFTWARE, INC., FOR RENTAL OF ELECTION EQUIPMENT, SOFTWARE, TRAINING AND OTHER RELATED SERVICES FOR THE MAY 14, 2011 GENERAL ELECTION. Councilmember Wright seconded the motion. AYES: MAYORAMES,MAYOR PRO TEM PATE,COUNCILMEMBERS COLEMAN,WRIGHT AND SMITH NAYS: NONE MOTION PASSED Resolution 11 - 098 12. Consider approving the purchase of new phone systems for the Municipal Court and Police buildings. Administration recommended approval of the purchase of ShoreTel phone systems from Creative Switching Designs of Houston, Texas, in the amount of$92,925.20 for the Police Building and $70,034.19 for the Municipal Court building. Pricing was obtained through the State of Texas Department of Information (DIR). DIR provides cities and political subdivisions with the means to purchase information technology at volume prices contracted under the procurement statutes of the State of Texas. The current Nortel phone system at the Police and Municipal Court buildings are under a maintenance contract with AT&T that expired March 3, 2011. Extending the current maintenance contract for all Nortel phone systems at the City of Beaumont was quoted at $201,976.22. By purchasing new ShoreTel phone systems we will have more capabilities, an estimated eleven (11) year lifespan for the equipment and will lower the yearly maintenance costs. Funding for the Police phone system is available from the Buffer Zone Protection Program Grant which requires no matching funds. Funding for the Municipal Court phone system is available from the Department of Homeland Security 2007 Supplemental Port Security Grant in the amount of$52,525.64. The 25% match of$17,508.55 is available from the Capital Reserve Budget. Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF SHORETEL PHONE SYSTEMS FROM CREATIVE SWITCHING DESIGNS, OF HOUSTON, TEXAS, IN THE AMOUNT OF $92,925.20 FOR THE POLICE BUILDING AND $70,034.19 FOR THE MUNICIPAL COURT BUILDING. Mayor Pro Tern Pate seconded the motion. AYES: MAYORAMES,MAYOR PRO TEM PATE,COUNCILMEMBERS COLEMAN,WRIGHT AND SMITH NAYS: NONE MOTION PASSED Resolution 11 - 099 13. Consider authorizing the City Manager to execute a Reimbursement Agreement for the removal of existing wooden poles and replace them with metal poles within the limits of Phase III of the Calder Street Project. Administration recommended City Council authorize the City Manager to execute a Reimbursement Agreement with Entergy Texas, Inc. for the removal of existing wooden poles and replace them with metal poles within the limits of Phase III of the Calder Street Project. In conjunction with the Calder Street Project, the existing wooden poles will be removed and replaced with metal poles. The electrical utility lines will be reinstalled, replaced, relocated and/or removed. Entergy will conduct the engineering, design, the procurement of materials, construction and relocation of their facilities to accommodate Phase III of the Calder Project. The City will be responsible for reimbursing Entergy for all costs associated with this work. The estimated cost for this work is $650,000. Entergy is requesting the City enter into a Reimbursement Agreement outlining the responsibilities of each party. The cost to perform Entergy work on Phase I of the Calder Project is estimated at $1,000,000. The cost to perform Entergy work on Phase II of the Calder Project is estimated at $2,516,000. Funds are available in the Capital Program to reimburse Entergy for this work. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A REIMBURESEMENT AGREEMENT WITH ENTERGY TEXAS,INC., FOR THE RELOCATION/REMOVAL OF OVERHEAD ELECTRICAL LINES WITHIN LIMITS OF THE CALDER STREET PROJECT, PHASE III. Councilmember Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM PATE,COUNCILMEMBERS COLEMAN,WRIGHT AND SMITH NAYS: NONE MOTION PASSED Resolution 11 - 100 14. Consider approving Change Order No. 2 for the Calder Avenue Drainage and Pavement Improvement Project— Phase II for "extra work". Administration recommended approval of Change Order No. 2 in the amount of $224,647.57, for adding construction items and reducing construction item quantities to the Calder Avenue Drainage and Pavement Improvement Project- Phase II. The section of Calder Avenue from Main Street to Phelan Boulevard is a heavily-traveled r vl access from downtown to the west end of the City.roadway that provides tY . The current p es roadway is four lanes with a continuous left-turn lane to west of IH-10 and two lanes with a continue left-turn lane from west of IH-10 to West Lucas. The condition of existing pavement is poor and requires rehabilitation. This project will include the installation of sto rm se wer box culverts water & sanitary ry sewe r lines concrete pavement, brick aver sidewalk, and traffic signals on CalderAvenue. Phase II of the Calder Project extends from Martin Luther King, Jr. Blvd. to just east of IH 10. Change Order No. 2 is required to add and delete construction item quantities for roadway and drainage system improvements to the contract. This Change Order in the amount of $224,647.57 will increase the contract amount to $24,833,944.44. During the construction several challenges became present including: 1. The existing water line location and tie-in work at IH 10. 2. Extra water line work between 4th street and 10th street. 3. Extra work for concrete pavement on 14th street (north) and 2nd street (north). 4. Extra work for asphalt pavement on 1St (north & south), 6th (south), 13th (south), 14th (south), 15th (south), and Gulf(south) streets. 5. Extra work for brick pavers from M.L. King Blvd. to IH 10. The remaining funds are available through the Capital Program (Public Works and Water and Sewer Projects). Mayor Pro Tern Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 2 FOR ADDITIONAL WORK THEREBY INCREASING THE CONTRACT AMOUNT BY$224,647.57 FOR A TOTAL CONTRACT AMOUNT OF$24,833.944.44. Councilmember Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM PATE,COUNCILMEMBERS COLEMAN,WRIGHT AND SMITH NAYS: NONE MOTION PASSED Resolution 11 — 101 15. Consider authorizing the City Manager to amend a contract with the Texas Department of Housing and Community Affairs for the Weatherization Program. Administration recommended approval. The Weatherization Assistance Program is designed to increase the energy efficiency of dwellings owned or occupied by low-income persons and improve their health and safety, especially low income persons who are particularly vulnerable such as the elderly, persons with disabilities and families with young children. Typical weatherization work includes the installation of attic and wall insulation, caulking, weather stripping, repair or replacement of inefficient appliances, doors, windows, and minor energy-related repairs. The type of weatherization that a household may receive is contingent upon a household's income eligibility and a comprehensive assessment of the household's energy use. In the original contract, $1,506,338 was allocated to the City of Beaumont for this program, allowing for the provision of service to approximately two hundred fifty (250) homes. To date, approximately one hundred eighty (180) homes have been weatherized. Given Beaumont's strong performance, the State is considering reallocating funding from underperforming recipients to Beaumont. The amended contract would increase the amount of funding by an additional amount not to exceed $1,000,000 and extend the deadline from April, 2011 until December, 2011. Funds are available through this grant, with no required local match. Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE THE DOCUMENTS AMENDING THE CONTRACT WITH TDHCA FOR PARTICIPATION IN THE TEXAS WEATHERIZATION PROGRAM. Mayor Pro Tern Pate seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM PATE,COUNCILMEMBERS COLEMAN,WRIGHT AND SMITH NAYS: NONE MOTION PASSED Resolution 11 — 102 16. Consider approving a resolution of preliminary support of the proposed Azure Point, a proposed Low Income Housing Tax Credit project. Administration recommended approval. The NRP Group, in partnership with the Beaumont Housing Authority, will soon be submitting an application to the Texas Department of Housing and Community Affairs (TDHCA) for use of LIHTC funds for the construction of a one hundred forty (140) unit housing development at the corner of Eastex Freeway and Chinn Lane. Currently, the area of the proposed development has more than twice. the state average of subsidized housing units per capita. As such, additional subsidized units would not be allowed in this area unless the proposed development and the allocation of tax credits is supported by the City Council. Approval of this resolution would allow TDHCA to consider funding Azure Point. To date, no local funding has been requested. Any request to use HOME funds would be submitted to City Council for consideration. Also, approval of this resolution of support would only be preliminary in that all necessary permits and zoning regulations would need to be complied with before the project could begin construction. 2011 HOME funds may be considered at a future date. Mayor Pro Tern Pate made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL OF THE CITY OF BEAUMONT(THE"CITY")HAS BEEN APPRISED OF THE PENDING APPLICATION FOR TAX CREDITS (THE "APPLICATION") FILED FOR THE NEW CONSTRUCTION OF AZURE POINT (THE "DEVELOPMENT"), A PROPOSED ONE HUNDRED-FORTY (140) UNIT HOUSING DEVELOPMENT LOCATED AT THE CORNER OF EASTEX FREEWAY AND CHINN LANE, A LOW INCOME HOUSING TAX CREDIT (LIHTC) PROJECT THROUGH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (`TDHCA"). Councilmember Coleman seconded the motion. AYES: MAYORAMES,MAYOR PRO TEM PATE,COUNCILMEMBERS COLEMAN,WRIGHT AND SMITH NAYS: NONE MOTION PASSED Resolution 11 — 103 WORKSESSION Review and discuss proposed amendments to the Noise Ordinance Mr. Cooper City Attorney discussed the proposed Noise Ordinance stating that it is necessary to bring the current noise ordinance into compliance. Language will be added to state a reasonable standard or measurement for violations of the noise ordinance. The amendment addresses the maximum permissible sound levels as measured by dB(A) levels. Also, language will be added addressing how to measure sound levels, providing exceptions to the applicable sound levels and definitions to assist in clarification. 17. Consider amending Chapter 12, Article 12.08 Noise of the Code of Ordinances. Administration recommended approval of amending Chapter 12 relating to the noise ordinance. This amendment is necessary to bring our current noise ordinance into compliance with a settlement agreement entered into between the World Wide Street Preachers Fellowship and the City of Beaumont. Language will be added to state a reasonable standard of measurement for violations of the noise ordinance. This amendment addresses the maximum permissible sound levels as measured by dB(A) levels. Also, language will be added addressing how to measure sound levels, providing exceptions to the applicable sound levels and definitions to assist in clarification. Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 12,ARTICLE 12.08, NOISE, OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM PATE,COUNCILMEMBERS COLEMAN,WRIGHT AND SMITH NAYS: NONE MOTION PASSED Ordinance 11 — 025 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 - COMMENTED ON A FUND RAISER ON LAST WEEKEND BY UBI CARITAS TO RAISE MONEY FOR THEIR MEDICAL AND DENTAL CLINIC, ENCOURAGED CITIZENS TO GIVE TOWARDS THE ORGANIZATION TO HELP THOSE LESS FORTUNATE IN THE CITY, ALSO THE GUSHER MARATHON WILL BE HELD ON SATURDAY, MARCH 12, 2011 COUNCILMEMBER WRIGHT- CONDOLENCES TO BRENDA BEADLE AND FAMILY ON THE LOSS OF HER FATHER, CONGRATULATED DELORES COMEAUX GUIDRY ON THE AMERTIS CITIZEN AWARD PRESENTED BY THE LEGISLATURE OF THE BLACK CAUCUS, ALSO THANKED JOHNNY BEATTY,FORGETTING THE GRANTS THAT ARE BROUGHT BACK TO THE CITY MAYOR AMES - CONDOLENCES TO THE FAMILY OF FORMER COUNCILMEMBER DR.LULU SMITH,WHO WAS A GREAT LADY WHO GAVE SO MUCH TO HER COMMUNITY MAYOR PRO TEM PATE- CONDOLENCES TO THE FAMILY OF COUNCILMEMBER DR. LULU SMITH, COMMENTED ON THE PASSING OF JOHNNY PRESTON,ALSO INVITED EVERYONE TO THE TASTE OF THE TRIANGLE AT FORD PARK ON TUESDAY, MARCH 8,2011 AT 6:00 P.M. COUNCILMEMBER SMITH - CONDOLENCES TO THE FAMILIES OF COUNCILMEMBER LULU SMITH AND BRENDA BEADLE, ANNOUNCED THAT THE STREET DEDICATION FOR BARBARA LYNN HAS BEEN CANCELED DUE TO WEATHER AND WILL BE RESCHEDULED AT A LATER TIME,CONGRATULATED OZEN HIGH SCHOOL BOYS AND GIRLS BASKETBALL TEAMS, THEY DIDN'T MAKE IT TO THE PLAYOFFS BUT REPRESENTED THE CITY WELL,THANKED CLAUDIE HAWKINS FOR BRINGING THE COMEDY SHOW TO THE CITY THIS WEEKEND, HOPES THAT SHE AND STAFF WILL CONTINUE TO BRING GREAT ENTERTAINMENT TO THE CITY COUNCILMEMBER SAMUEL- ABSENT CITY ATTORNEY COOPER- CONDOLENCES TO THE FAMILY OF COUNCILMEMBER LULU SMITH CITY MANAGER HAYES - ABSENT Public Comments (Persons are limited to three minutes) Katherine Owens 5280 Fairview Beaumont TX Spoke in regards to public transportation, stated this is a very important time to promote public transportation, would like to see the public transit include the Social Security office on their route, this would only add fifteen minutes to the route, asked that Council put this back on the agenda Kerry Avie 3035 Elinor Beaumont TX Religious Comments Latonya Elias 1031 Schwarner St. Beaumont TX Spoke to Council regarding Chief Coffin and the Beaumont Police Department and being fearful for her and her daughter's life, she spoke in regards to an incident involving her daughter being assaulted, stated that a Beaumont Police Detective made a comment to her regarding Ward III that she lives in, she feels that the citizens in Ward III deserve protection from the Police Department, it is her understanding that zero has been done to police officers when things go through the Internal Affairs Division, asked that Council investigate this situation and stated that she is in eminent fear of her and her daughter's life Tangela Stevens P.O. Box 12164 Beaumont TX Stated that she was crowned the Queen of Texas, in the National Ms. American Dream Pageant, stated that she is the first African American Women to hold this title, would like the support of the community, informed Council of her platform which is philanthropy, also the Executive Director of a non-profit organization called Expiring Ms. USA which is geared towards girls and women, this organization was created to help inspire girls and women to pursue a higher education, become financially independent and also to help them to develop Christian values for their lives, anyone that would like to contribute to the cause may contact Tangela Stevens, Ms. Texas American Dream, P.O. Box 12164, Beaumont, TX, 77726, or on Facebook Shannon Buckley 2210 N. 11" St. Beaumont TX Commented on the Noise Ordinance, stated that Council did justice for its citizens, also stated that it is very important that the Police Department enforce this ordinance and be given some direction for enforcement so that the citizens get the peace and quiet that they deserve Jake Torturice 550 10, St. Beaumont TX Represented Rao's Bakery, presented Council with two King Cakes to celebrate Mardi Gras Fat Tuesday Open session of meeting recessed at 3:34 p.m. EXECUTIVE SESSION • Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Edgard Sequeira There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. Becky Am ayor Tina Broussard, City Clerk