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HomeMy WebLinkAboutMIN APR 17 2012 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 April 17, 2012 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 April 17, 2012, 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 1-3/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Rabbi Joshua S. Taub of Temple Emanuel Church gave the invocation. Mayor Pro Tern Smith 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, Wright, Pate and Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "Days of Remembrance" - April 15 - 22, 2012 - Proclamation read by Councilmember Getz; accepted by Rabbi Joshua S. Taub, Temple Emanuel Church "Youth Global Service Days" — April 20 - 27, 2012 - Proclamation read by Councilmember Wright; accepted by Linda Domino, Regina Rogers, Kevin Roy, Angelica Avery and Ed Cockrell with Inspire, Encourage and Achieve (IEA) "Third Annual Arc of Greater Beaumont Awareness Week" - April 23-27, 2012 - Proclamation ready by Councilmember Pate;accepted by Gary Hidalgo with Arc of Greater Beaumont "Sexual Assault Awareness and Prevention Month"-April,2012-Proclamation read by Councilmember Coleman; accepted by Nancy Fertitta with Rape and Suicide Crisis of Southeast Texas "Motorcycle Safety and Awareness Month" - May, 2012 - Proclamation read by Councilmember Samuel; accepted by Jonzack Waybright, Safety Coordinator, Region 4 Minutes—April 17,2012 "Sixty-Fourth Neches River Festival Week" -April 17-29, 2012- Proclamation ready by Mayor Ames; accepted by Doug McMakin, President of the Neches River Festival, along with Heather Petkovsek and Rachael Roane Allen Wagner, spoke with Council in regards to the Wooden Racquet Classic 2012 Tennis Tournament that will take place on April 21, 2012 Danielle Underferth, City of Beaumont's Communication Manager, addressed Council regarding the Beaumont Trash Off that took place on Saturday, April 14, 2012 Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda. None CONSENT AGENDA Approval of minutes —April 3, 2012 Confirmation of committee appointments — None A) Authorize the City Manager to increase the Madison Street Pavement and Drainage Improvements Project for additional items — Resolution 12 - 076 B). Authorize the City Manager to accept the Event Center Area Parking Lots Improvement Project for maintenance, approve Change Order No. 3 and approve final payment— Resolution 12 - 077 C) Approve a contract for the purchase of Aqua Ammonia for use in the Water Utilities Department— Resolution 12 - 078 D) Approve a contract for the purchase of Fluorosilicic Acid for use in the Water Utilities Department — Resolution 12 - 079 E) Approve the acceptance of a ten foot wide Exclusive Water Line Easement at 3625 Dowlen for the development of a new surgical hospital — Resolution 12 - 080 F) Approve the acceptance of a ten foot wide Exclusive Water Line Easement at 1580 S. Major Drive for the development of a new temple — Resolution 12 - 081 Councilmember Samuel made a motion to approve the Consent Agenda. Mayor Pro Tern Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Minutes—April 17,2012 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. GENERAL BUSINESS 1. Consider a resolution approving four, one year contracts for couplings, pipe fittings, valves, fire hydrants and other related materials for use by the Water Utilities Department. Bids were received from five (5)vendors for an annual contract for couplings, pipe fittings, valves, fire hydrants and other related materials for use by the Water Utilities Department. The materials are used in the repair and maintenance of existing water and sewer lines and installation of new service lines in order to maintain adequate water and sewer service throughout the City. Specifications required bidders to submit pricing for 201 line items, separated into fifteen (15)specific sections. Bids were evaluated upon the lowest total price per section,on an all or none basis. Only bidders providing pricing for every item within each section were considered. Pricing is to remain firm for the term of the contract. Specifications also required all bids involving brass materials to quote items that are certified to be NSF61 lead-free compliant and of domestic manufacture. The Administration recommends award of one(1)year contracts to the following vendors in the amounts indicated; H.D. Supply&Waterworks, Inc., of Beaumont, $896,068.38; Rural Pipe & Supply, Inc., of Jasper, $408,509.75; Coburn's, Inc., of Beaumont, $47,470.00; CPR/MDN, Inc., of New Caney, $27,422.50. COuncilmember Pate made a motion to APPROVE A RESOLUTION THAT THE BIDS FOR A ONE(1) YEAR CONTRACT FOR PURCHASING COUPLINGS,PIPE FITTINGS,VALVES,FIRE HYDRANTS AND OTHER RELATED MATERIALS FOR USE BY THE WATER UTILITIES DEPARTMENT SUBMITTED BY THE VENDORS, FOR AN ESTIMATED TOTAL EXPENDITURE OF $1,379,470.63 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Coleman seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 12 -082 2. Consider a resolution authorizing the City Manager to approve a contract for the Main Street Utility Relocation Project. The contract will furnish all labor and equipment to relocate an existing 12" Polyvinyl chloride water main and an existing 36" high density polyethylene sanitary sewer main. These mains are situated along Main Street and cross the Kansas City Southern (KCS) railroad tracks near the intersection of Main Street and Gilbert Street. The relocation of the Minutes—April 17,2012 water and sewer mains is required for the relocation of the Port of Beaumont railroad tracks. The City will supply all pipes, steel casing, bends and fittings, air release valves, and gate valves. The Contractor will be responsible for supplying all other materials required for construction. The MBE participation will be with the following: W B Construction of Beaumont, Texas. The total amount of the subcontract is $52,796.00, which represents 17.04% of the total bid. Councilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD Of A CONTRACT TO ALLCO, LTD., OF BEAUMONT,TEXAS, IN THE AMOUNT OF $309,795.82 FOR THE RELOCATION OF WATER AND SEWER MAINS FOR THE MAIN STREET UTILITY RELOCATION PROJECT. Councilmember Pate seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 12 -083 3. Consider a resolution terminating the current contract for mowing privately-owned, developed and vacant property and awarding a new contract. Privately owned, developed and vacant properties are in violation of the City's weed ordinance when uncultivated growth exceeds twelve (12) inches. Property owners are notified of the violation and given a specified time to bring the property into compliance. If property owners fail to comply with the ordinance,the City's contractor mows the property and the property owner is fined. The contract was originally divided into two (2)sections. Section 1 is all properties north of Gladys Street and within the City Limits. Section 2 is all properties south of Gladys Street and within the City Limits. The contract was originally awarded by Council on August 16, 2011 by Resolution Number 11-222. Section 1 was awarded to Perfect Cut Lawn Care. Section 2 was awarded to South East Texas Lawn and Maintenance. On October 18, 2011,with Resolution Number 11-304, Council terminated the two original contracts for mowing the privately owned, developed and vacant properties and awarded the contract to BIO Landscape and Maintenance(BIO)of Beaumont. Since that time, BIO has satisfactorily completed all the specifications of this contract. On March 9, 2012, the City received written notification from BIO requesting termination of contract within thirty (30)days. Ina conversation with Dean Cale from BIO, it was stated that its company was withdrawing for financial reasons. Although Bidders were informed in a mandatory pre-bid meeting of the specifications and requirements of this contract, the previously awarded vendors found that they had underestimated the time and manpower required to adequately fulfill the contract. Minutes—April 17,2012 Consequently, they asked to terminate their awards. At this time Staff is reviewing the specifications and how the contract is divided among the city in order to put a new contract out for bid. It is expected to take two or three months before a new contract can be awarded. Because we are in the growing season, it is important that the City have a contractor who can take care of the lots across the City that are in the most need of cutting and cleaning during this interim period. The estimated cost of this interim contract is $40,000. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH YARDBOY LAWNCARE, OF BEAUMONT,TEXAS. Mayor Pro Tern Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 12 - 083 WORKSESSION * Review and discuss a Single-member Redistricting Study Alan Bojorquez, with Bojorquez Law Firm reviewed- and discussed the Single-member Redistricting Study. The following items were discussed in the presentation: * City of Beaumont Charter (Article I, Section 6 and/Article III, Sections 1 and 2) * Current Ward Deviation — 2010 U.S. Census Population Totals * Existing Council Wards * Black Population Density * Hispanic Population Density * Legal Principles * One Person/One Vote * Section 5 of the Voting Rights Act * Section 2 of the Voting Rights Act * Overview on Shaw v. Reno * Steps in the Process for the Redistricting * Redistricting Criteria * Citizen Submission Guidelines * Proposed Timeline COUNCILMEMBER COMMENTS MAYOR PRO TEM SMITH - ANNOUNCED THAT THE TYRRELL PARK NEIGHBORHOOD ASSOCIATION WILL BE MEETING ON THURSDAY, APRIL 18, Minutes-April 17,2012 2012, AT 6:30 P.M. AT THEODORE JOHNS LIBRARY, ALSO CONGRATULATED THE MAYOR ON HER NEW POSITION AS CEO WITH VICTORY HEALTH CARE, THANKED STAFF FOR THE GREAT JOB THEY DID ON THE CITY WIDE TRASH OFF, ALSO ACKNOWLEDGE SEVERAL GROUPS THAT PARTICIPATED IN THE TRASH OFF IN WARD IV, AS WELL AS THOSE THAT PARTICIPATED WITH BENGY WILLIAMS IN THE SOLID WASTE DEPARTMENT, HIS FRATERNITY OMEGA PSI PHI, GAVE CONDOLENCES TO THE FAMILY OF TONY PRADOS ON THE LOSS OF HER HUSBAND, ROBERT PRADOS COUNCILMEMBER SAMUEL- CONGRATULATED THE MAYOR ON HER NEW ENDEAVOR, ALSO THANKED ALL OF THE CITY STAFF FOR MAKING THE CITY WIDE TRASH OFF A GREAT SUCCESS, ENJOYED THE LUNCHEON ACKNOWLEDGING THE VOLUNTEERS AT THE LIBRARY, COMMENTED ON THE AUTO SHOW AT PARADISE BAPTIST CHURCH COUNCILMEM13ER PATE- CONGRATULATED THE MAYOR ON HER NEW POSITION AT VICTORY HEALTH CARE, THANKED EVERYONE THAT CAME OUT FOR THE CITY WIDE TRASH OFF COUNCILMEMBER WRIGHT- CONGRATULATED THE MAYOR ON HER PROMOTION AS CEO WITH VICTORY HEALTH CARE, THANKED ALL OF THE EMPLOYEES AND CITIZENS THAT HELPED WITH THE CITY WIDE TRASH OFF, CONDOLENCES TO THE FAMILY OF TONY PRADOS ON THE LOSS OF HER HUSBAND, ROBERT PRADOS COUNCILMEMBER GETZ- STATED TO THE MAYOR THAT SHE WILL BE MISSED BY THE CITIZENS AT COLLIER PARK,CONGRATULATED HER ON HER NEW ENDEAVOR,THANKED THE CITY STAFF AND CITIZENS ON THE CITY.WIDE TRASH OFF, STATED THAT EVERYONE ON COUNCIL WERE GIVEN VIP TICKETS FOR THE WOODEN RACQUET CLASSIC TENNIS TOURNAMENT ENCOURAGED EVERYONE TO ATTEND, REITERATED RABBI TAUB'S INVITATION TO COME TO THE TEMPLE THIS SUNDAY AT 4:00 P.M. FOR THE INTERFAITH SERVICE, HOLOCAUST REMEMBRANCE IT WILL BE TOUCHING AND INSPIRATIONAL, HOPED THAT EVERYONE WILL BE ABLE TO ATTEND COUNCILMEMBER COLEMAN - CONGRATULATED THE MAYOR ON HER NEW JOB, COMMENTED ON THE OAKS HISTORICAL PRESERVATION BASH,CHAMPAGNE AND RIBS,ENCOURAGED EVERYONE TO GET OUT AND ENJOY THE NECHES RIVER FESTIVAL AS WELL AS THANKING THE STAFF AND CITIZENS ON THE CITY WIDE TRASH OFF CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE Minutes—April 17,2012 i MAYOR AMES - COMMENTED ON THE LUNCHEON HONORING KAY BAILEY HUTCHINSON ON HER DEPARTURE FROM THE U.S.SENATE, AND ALL THAT SHE HAS DONE FOR THE CITY, ALSO COMMENTED ON THE CHAMPAGNE AND RIBS FUND RAISER, CONGRATULATED THE CHAMBER OF COMMERCE ON THE LOBSTER TEST, 100 BLACK MEN ON THEIR BANQUET THAT PROMOTES SCHOLARSHIPS IN THE AREA, COMMENTED ON THE AUTO SHOW AT PARADISE BAPTIST CHURCH,AS WELL AS THE CIARA CLUB WAS ABLE TO HAND OUT AWARDS AT THAT FUNCTION,THANKED EVERYONE THAT WAS INVOLVED IN THE CITY WIDE TRASH OFF, CONDOLENCES TO THE FAMILY OF TONY PRADOS ON THE LOSS OF HER HUSBAND, ROBERT PRADOS Public Comments (Persons are limited to three minutes) Bruce Hofer 2535 North St. Beaumont TX Congratulated the City on seeing more red tags to demolish dilapidated homes, commented on the City Wide Trash Off, proclamation on the Motorcycle Safety,asked that citizens please be aware of motorcycles, as well as the Love Thy Neighbor program that will take place on Saturday, April 21, 2012 at 4:00 p.m., stated that Spring Soccer has started, also commented on the increase in participants Christopher Jones 1045 Doucette Ave. Beaumont TX Commented on the City Wide Trash Off and how great it was, also discussed the contract on cutting private property, asked that something be included in the contract that would cut the grass along the curb that would not stop the water from properly draining when it rains, thanked Public Works and the Water Utilities Department for all the hard work they have been doing Paula Blazek 2534 Long Beaumont TX Discussed issues on behalf of concerned members of the Oaks Historic District Neighborhood Association, as Council knows their district is protect by an overlay of Ordinances that are designed to preserve the historic structures in their neighborhood by requiring exterior alterations and additions to be reviewed by the City's Planning Department to ensure that any changes are appropriate to the home and its surrounding neighbors, if the Planning Department feels there is any question about the appropriateness about the changes or denies the request then the decision is referred to the Historic Land Mark Commission, the Land Mark Commission is supposed to enforce the ordinances as written, we have very recently discovered what they believe to be a deficiency in the system and wanted to bring it to the attention of Council and asked the Administration to amend the Ordinance to correct the situation Minutes—April 17,2012 Open session of meeting recessed at 3:17 p.m. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Wellhelmina Owusu There being no action taken in Executive Session, Council adjourned. to available upon request in the City Clerk's Office. Be y Am , Mayor ot U.1 Tina Broussard, City Clerk I Minutes—April 17,2012