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HomeMy WebLinkAboutMIN AUG 09 2011 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr.,At-Large BECKY AMES, MAYOR Gothrel Wright,At-Large Dr.Alan B.Coleman,Ward I CITY COUNCIL MEETING Michael D. Getz,Ward 11 Audwin Samuel,Ward III August 9, 2011 Jamie Smith, Mayor Pro Tom 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 August 9, 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 1, 2, 4-6/Consent Agenda * Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Wineva Hankamer, Minister of Christian Education with Wesley United Methodist Church gave the invocation. Jacob Gresham led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Smith, Councilmembers Coleman, Getz and Wright. Absent: Councilmembers Pate and Samuel, and Tyrone Cooper, City Attorney. Also present were Kyle Hayes, City Manager; Quentin Prince, 1st Assistant City Attorney; Tina Broussard, City Clerk. Councilmember Pate was out of the City attending the 14th Annual Transportation Summit. Councilmember Samuel was absent due to work. Proclamations, Presentations, Recognitions Recognition of Michael Gresham -Mayor Ames recognized Michael Gresham who was commended for his outstanding achievements in the 2011 Major League Baseball All Star Game and Aqua Fina pitch hit and run by winning the local event conducted by the City of Beaumont's Recreation Division "Celebration for Women Day" -August 11, 2011 -Proclamation read by Councilmember Wright; accepted by Georgine Guillory of Pioneering Women and others from the Organization Recognition - City Employee Glenda Piazza with Beaumont Police Department's Emergency Management Minutes—August 9,2011 Recognition—City Employee Carmen Apple, retiree of the Beaumont Police Department and now with the Beaumont Police Department's Emergency Management Public Comment: Persons may speak on scheduled agenda items 1, 2, 4-6/Consent Agenda. Mike Drury 6835 Marshall Place Beaumont TX Spoke in regards to Item A on the Consent Agenda; asked if Council would be using Airport Funds for the match on this project CONSENT AGENDA * Approval of minutes - July 26, 2011 * Confirmation of committee appointments - Resolution 11 - 210 Charles Watts would fill the unexpired term of Jay Badillo on the Convention and Tourism Advisory Board. The term would commence August 9, 2011 and expire June 17, 2012. A) Approve the application and acceptance of a grant for general maintenance at the Beaumont Municipal Airport— Resolution 11 - 211 C) Authorize the acceptance of four ten foot wide Exclusive Water Line Easements to provide water and fire protection services for Westbrook High School — Resolution 11 - 213 D) Authorize the execution of a Notice of Encroachment agreement with Jefferson County Drainage District No. 6 to provide installation of a waterline that will service Dishman Elementary School — Resolution 11 — 214 E) Authorize the acceptance of a ten foot wide Exclusive Water Line Easement to provide water and fire protection services for Dishman Elementary School—Resolution 11 —215 F) Authorize the settlement of the lawsuit styled Kimberly Thibodeaux vs. Frank Jackson and City of Beaumont; No. A-188,592 — Resolution 11 - 216 Councilmember Coleman made a motion to approve the Consent Agenda excluding Item B. Councilmember Getz seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ AND WRIGHT NAYS: NONE MOTION PASSED B) Approve a change order related to the East Lucas Lift Station and Force Main and Interceptor Rehabilitation Project— Resolution 11 — 212 Minutes—August 8,2011 Councilmember Coleman made a motion to approve Item B on the Consent Agenda. Mayor Pro Tem Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SMITH, COUNCILMEMBERS COLEMAN AND WRIGHT NAYS: COUNCILMEMBER GETZ MOTION PASSED GENERAL BUSINESS 1. Receive the proposed FY 2012 Budget and schedule a public hearing. Administration recommended Council schedule a public hearing on August 23, 2011 at 1:30 p.m. in the Council Chambers related to the proposed FY 2012 Budget. Article VI, Section 2 of the City Charter requires that the proposed budget be submitted to the Council at least 45 days prior to the beginning of the new fiscal year. In addition, Section 4 requires Council to schedule a public hearing on the proposed budget and authorize the City Clerk to publish the notice of the public hearing. A work session on the proposed FY 2012 Budget will be held on August 23, 2011. Mayor Pro Tern Smith moved to APPROVE FOR COUNCIL TO SCHEDULE A PUBLIC HEARING ON AUGUST 23,2011 AT 1:30 P.M.IN THE COUNCIL CHAMBERS RELATED TO THE PROPOSED FY 2012 BUDGET. Councilmember Wright seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ AND WRIGHT NAYS: NONE MOTION PASSED 2. Receive the proposed FY 2012 Capital Program and schedule a public hearing. Administration recommended Council schedule a public hearing on August 23, 2011 at 1:30 p.m. in the Council Chambers related to the proposed FY 2012 Capital Program. The proposed FY 2012 Capital Program was originally submitted to Council May 13,2011. Revisions have been made to the original proposed document and are attached for your review. Article VI, Section 20 of the City Charter requires Council to schedule a public hearing on the proposed Capital Program and authorize the City Clerk to publish the notice of public hearing. The Capital Program will be reviewed with Council at a work session on August 23, 2011. Minutes—August 9,2011 Councilmember Getz made a motion to APPROVE FOR COUNCIL TO SCHEDULE A PUBLIC HEARING ON AUGUST 23, 2011 AT 1:30 P.M. IN THE COUNCIL CHAMBERS RELATED TO THE PROPOSED FY 2012 CAPITAL PROGRAM. Councilmember Coleman seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ AND WRIGHT NAYS: NONE MOTION PASSED 3. Consider a request for an amendment to Chapter 28, Section 28.04.00, Sign Regulations, to allow multi-color electronic reader board signs. Administration recommended approval. Ozen High School installed an owner-identification sign that included an electronic reader board. The school wants to have the capability to have the electronic reader board messages flash,flow, alternate, blink or be animated. After a workshop with City Council and the Planning Commission on June 20,2011, City Council instructed staff to recommend possible changes to the sign regulations that would allow school owned electronic reader board signs to have such capability. Staff was also asked to research studies to determine what kind of distractions, if any, animated signs might cause and what regulations other local cities had. While there is some difference of opinion on whether electronic reader board signs with moving images are a major distraction to drivers, staff takes the position that such signs are just one more distraction that has to be dealt with. At a Joint Public Hearing held July 18, 2011, the Planning Commission voted 9:0 to approve the following: 1. Sec. 28.04.003(b)(1) be amended as follows: (C) The sign shall not have flashing lights, any type of intermittent illumination or revolve in any manner, except as allowed below: (i) Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. (ii) The message copy may change no more than once every five (5) minutes. (iii) Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. (iv) Message copy shall be one (1) color. (iv) As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. Minutes—August 9,2011 (v) Electronic reader board signs shall not be permitted in an historic district. (vi) Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. 2. Sec. 28.04.003(b)(3) be amended as follows: (D) The sign shall not have any flashing lights, any type of intermittent illumination or revolve in any manner, except as allowed below: (i) Electronic reader board signs shall not be permitted if approved as part of the specific use permit. (ii) The message copy may change no more than once every five (5) minutes. (iii) Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. (iv) Message copy shall be one color. (iv) As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. (v) Electronic reader board signs shall not be permitted in an historic district. (vi) Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. 3. Sec. 28.04.003(c)(1) be amended as follows: (C) The sign shall not have any flashing lights, any type of intermittent illumination or revolve in any manner, except as allowed below: (i) Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. (ii) The message copy may change no more than once every five (5) minutes. (iii) Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. (iv) Message copy shall be one (1) color. (iv) As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. (v) Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. Minutes—August 9,2011 4. Sec. 28.04.003(c)(5) be amended as follows: (5) Electronic reader board signs shall be permitted in the GC-MD, GC- MD-2, CBD, C-M, LI, HI and PD Districts subject to the following conditions: (A) The electronic reader board is to be attached to or a part of a detached owner identification sign. (B) The message copy may change no more than once every five (5) minutes. (C) Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. (D) Message copy shall be limited to one (1) color. (D) As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. (E) No more than sixty (60) square feet of fifty (50) percent of the maximum sign area, whichever is less, shall be dedicated to electric changeable copy. (F) Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SECTION 28.04.003, TO ALLOW MULTI-COLOR ELECTRONIC READER BOARD SIGNS AS WELL AS CHANGING THE TIME TO EVERY 45 SECONDS PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Mayor Pro Tern Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SMITH, COUNCILMEMBERS COLEMAN AND WRIGHT NAYS: COUNCILMEMBER GETZ MOTION PASSED Ordinance 11 — 050 4. Consider authorizing the City Manager to execute a contract for the Wastewater Treatment Plant-Bar Screen Replacement and Digester Rehabilitation Project Administration recommended approval of a contract with Allco, LLC of Beaumont in the amount of$2,920,815.00. The contract will furnish all labor, materials, and equipment to remove and replace the existing bar screen mechanisms and rehabilitate the existing digester aeration system at the existing Wastewater Treatment Plant on Lafin Road. Minutes—August 9,2011 The bar screen system is the first required stage of wastewater treatment. It removes large debris, plastics, rags, and other material that is difficult to remove during primary treatment and can harm the pumps. The existing bar screen system has been in service for nearly 10 years. They have deteriorated and require constant maintenance due to the large amount of debris received at the treatment plant. The screw conveyor system removes the debris removed by the bar screens. The debris is then dewatered prior to disposal. The existing screw conveyor system does not handle large debris and therefore requires constant maintenance. The new conveyor system will provide consistent removal of debris of various sizes. Funds for the project are available in the Capital Program. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUHTORIZED TO EXECUTE A CONTRACT WITH ALLCO, LLC, BEAUMONT, TEXAS, IN THE AMOUNT OF$2,920,81 5.00 FOR WASTEWATER TREATMENT PLANT-BAR SCREEN REPLACEMENT,AND DIGESTER REHABILITATION PROJECT TO FURNISH ALL LABOR,MATERIALS,AND EQUIPMENT TO REMOVE AND REPLACE THE EXISTING BAR SCREEN MECHANISMS AND REHABILITATE THE EXISTING DIGESTER AERATION SYSTEM. Mayor Pro Tern Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ AND WRIGHT NAYS: NONE MOTION PASSED Resolutior} 11 - 217 5. Consider authorizing the City Manager to execute a Professional Services Agreement with Mark Whiteley and Associates, Inc. for engineering services for the South Park Relief Drainage Project. Administration recommended approval of an agreement with Mark Whiteley and Associates, Inc. in the amount of$807,029. The City applied for Hurricane Ike disaster recovery funds from the U. S. Department of Housing and Urban Development's Community Development Block Grant disaster recovery program. Funds in the amount of $11,339,400 have been awarded for drainage improvements in the South Park area. Criteria used in the evaluation of the proposals included company experience with comparable projects, knowledge of local drainage and environmental issues and the company's technical approach. The committee met and reviewed the proposals ranking Mark Whiteley and Associates, Inc. of Beaumont with the highest score. Their extensive experience with this project is demonstrated by a preliminary design report completed in 1992 for the South Park area when the City authorized a comprehensive study of drainage throughout the city. Minutes—August 9,2011 Mark Whiteley Associates, Inc. plans to subcontract 20% of the project to state approved HUB companies for surveying and environmental testing. Design will commence immediately to insure that it is completed by May 2012. Funds for this project are provided by the U. S. Department of Housing and Urban Development's Community Development Block Grant disaster recovery program. Engineering fees are included in the total grant award. The project is funded 100% by the grant however the City is responsible for any costs exceeding the amount awarded. Mayor Pro Tern Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH MARK WHITELEY AND ASSOCIATES, INC. FOR ENGINEERING SERVICES FOR THE SOUTH PARK RELIEF DRAINAGE PROJECT. Councilmember Wright seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMTIH,COUNCILMEMBERS COLEMAN,GETZ AND WRIGHT NAYS: NONE MOTION PASSED Resolution 11 - 218 6. Consider approving Change Order No. 2 for the Event Center Paving and Drainage Improvements Project. Administration recommended approval of increasing the project amount by $87,556.40. The proposed changes to the contract will furnish and install 200 linear feet of 2-2-1/2" PVC Electrical Conduits, 1350 linear feet of 3" PVC Fiber Optic Conduit, 108 linear feet of 8" PVC pipe with 2-24"x24" grate inlets to receive roof drain discharge from building, 160 linear feet of 10" HDPE pipe with down spout drain connectors for the future Children's Museum, 230 linear feet of 4" PVC Electrical Conduits, and increases the contract time by 30 calendar days. The additional days increase the total contract time to 393 calendar days. The proposed extra work will represent an increase of 2.28%to the original contract amount. Previous actions include Resolution No.10-174 in the amount of$3,844,851.18, passed by Council on June 29, 2010, awarding the contract to CF Jordan Construction, L.L.C.,for the Event Center Area Paving and Drainage Improvement Project. Change Order No. 1, Resolution No. 10-304, in the amount of $156,279.43, passed by Council on November 16, 2010, for cost associated with installing a fire hydrant assembly, installing 12 inch PVC, tapping sleeve and valve and for barricades, signs and traffic control. Funds 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 CHANGE ORDER NO. 2 IN THE AMOUNT OF Minutes—August 9,2011 $87,556.40,THEREBY INCREASING THE CONTRACT AMOUNT TO$4,088,687.01. Mayor Pro Tern Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ AND WRIGHT NAYS: NONE MOTION PASSED Resolution 11- 219 COUNCILMEMBER COMMENTS MAYOR PRO TEM SMITH - ANNOUNCED THE BACK TO SCHOOL SUPPLY DRIVE ON SATURDAY, AUGUST 13, 2011, 8:00 A.M. UNTIL SUPPLIES RUN OUT AT THE STERLING PRUITT ACTIVITY CENTER,FREE IMMUNIZATION SHOTS AND HAIR CUTS WILL ALSO BE OFFERED, NBC-LEO SUMMER CONFERENCE WILL START WEDNESDAY,AUGUST 10,2011,AT THE MCM ELEGANTE' COUNCILMEMBER SAMUEL- ABSENT COUNCILMEMBER PATE - ABSENT COUNCILMEMBER WRIGHT- NONE COUNCILMEMBER GETZ- HAD THE OPPORTUNITY TO ATTEND THE TML CONFERENCE IN AUSTIN, TEXAS FOR NEW COUNCILMEMBERS, COMMENTED ON THE EMS SYSTEM AND UNCOLLECTABLES, STATED THAT COUNCIL MAY NEED TO REVISIT THE POLICY ON EMS AND MAYBE THE TIME HAS COME THAT THE CITY MIGHT CONSIDER IF IT NEEDS TO BE IN THE EMS BUSINESS,MAYBE CONSIDER PRIVATIZING THE EMS SERVICE, REQUESTED THAT THE CITY MANAGER HAVE A WORKSHOP ON THIS ISSUE COUNCILMEMBER COLEMAN - CONGRATULATED'PAT PARKS AND RON WEST13ROOK WHO WERE FEATURED IN TENNIS LIFE MAGAZINE FOR THEIR CONTRIBUTIONS TO TENNIS IN SOUTH EAST TEXAS AND LAMAR UNIVERSITY,CONTINUE TO PRAY FOR PAM BESSER, PASTOR OF WESLEY UNITED METHODIST CHURCH FOR HER BATTLE AGAINST CANCER AS WELL AS THE SOLDIERS WHO PUT THEIR LIVES ON THE LINE FOR OUR FREEDOM CITY ATTORNEY COOPER- ABSENT CITY MANAGER HAYES - THANKED THE CFO AND HER STAFF FOR THEIR HARD WORK ON THE FY 2012 BUDGET AND CAPITAL PROGRAM Minutes—August 9,2011 MAYOR AMES- NONE Public Comments (Persons are limited to three minutes) Dorothy Evans 2825 Arthur Lane Beaumont TX Announced the 40th Anniversary Celebration of AARP Chapter 923, there will be a dinner on Saturday, August 13, 2011, 4:00 p.m. to 7:00 p.m. at Solid Rock Center, 405 Magnolia St., Beaumont, Texas, tickets are $20.00 Louis Vaughn 9615 Mapes Beaumont TX Spoke in regards to Item #3 on the Agenda, applauds council on approving the amendment to the sign ordinance, stated that Mr. Getz is in litigation against BISD felt it was a clear and concise conflict of interest, commented on the traffic on Fannett Rd., stated it is the City vehicles that are causing the damage to the streets which need to be repaired, also commented on the retention/detention pond on 11th and Fannett as well as in the North End Joseph Charles 3162 Terrell Beaumont TX Stated that the General Contractors Jordan and Barton Construction have not paid him for dirt provided for the construction of the Event Facility in the amount of$15,000.00 Terry Bennett 5210 Bigner Rd. Beaumont TX Concerned about the deplorable streets in the City of Beaumont, especially the North End, from Eastex Freeway, Lucas to Phelan the streets are paved, Pine, Magnolia and Laurel Streets all have potholes, also there needs to be sidewalks for the children to walk as they are in danger, more needs to be done in the North End, the citizens in that area are all tax payers and feel they have been neglected for far too long Ruby Franklin 5335 Bignor Rd. Beaumont TX Spoke to Council again in regards to the pit bulls that belong to her neighbors, she stated the codes are not being followed, also commented on a horse that was badly injured on her street Open session of meeting recessed at 3:07 p.m. There being no action taken in Executive Session, Council adjourned. io available upon req est in the City Clerk's B ky Am or y mac'► I I%/%-, I) OAk UAO s Tina Broussard, City Clem '' Minutes—August 9,2011