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HomeMy WebLinkAboutMIN OCT 16 2012 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr.,At-Large BECKY AMES, MAYOR Gethrel Wright,At-Large Dr.Alan B. Coleman, Mayor Pro Tern CITY COUNCIL MEETING Michael D.Getz,Ward II Audwin Samuel,Ward III October 16, 2012 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 October 16, 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 2-3/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Father Shane Baxter, The Catholic Student Center of Lamar University. Mayor Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Coleman, Councilmembers Getz, Wright, Pate, Samuel and Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "Domestic Violence Awareness Month" - October, 2012 - Proclamation read by Councilmember Wright; accepted by Misty Carver with Jefferson County Victims Assistance Center "Beaumont Buddy Walk" — October 27, 2012 — Proclamation read by Councilmember Getz; accepted by Gary Hidalgo, Executive Director, Arc of Greater Beaumont Public Comment: Persons may speak on scheduled agenda items 2-3/Consent Agenda. None CONSENT AGENDA Approval of minutes - October 9, 2012 Confirmation of committee appointments - None A) Approve a resolution approving the renewal of an annual maintenance agreement for SunGard Public Sector software support— Resolution 12 - 242 Minutes—October 16,2012 B) Approve a resolution accepting funding through the Department of Homeland Security Grant Program — Resolution 12 - 243 C) Approve a resolution approving the renewal of an annual support agreement for NetApp support used by various City departments for document and database storage — Resolution 12 - 244 D) Approve a resolution authorizing a payment of dues to the South East Texas Regional Planning Commission for Fiscal Year 2013 — Resolution 12 - 245 E) Approve a resolution authorizing the City Manager to execute an annual services agreement for Hotel Occupancy Tax administration and client review services, sales tax compliance review services, and the quarterly Sales Tax Analysis & Reporting Services Package — Resolution 12 - 246 F) Approve a resolution authorizing the City Manager to execute a memorandum of understanding with the South East Texas Regional Planning Commission to provide emergency notifications — Resolution 12 - 247 G) Approve a resolution authorizing the execution of a Quit Claim Deed and a curative release in favor of HEB Grocery Company— Resolution 12 - 248 Councilmember Smith made a motion to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider an ordinance approving a specific use permit related to an oil pipeline and related appurtenances in an RS (Residential Single Family Dwelling) District on property extending from the east side of Fannett Road (Hwy. 124) to the east side of the Cattail Marsh. TransCanada Keystone Pipeline, LP has applied for a specific use permit. James Freeman, representing TransCanada Keystone Pipeline, LP, states that the project will include laying a 36 inch crude oil pipeline that will bring oil from Cushing, Oklahoma to Nederland. A portion of the pipeline route falls within Beaumont's city limits. Keystone has obtained the right to construct the pipeline on all tracts of land within Beaumont's city limits. The pipeline will be constructed to meet or exceed all applicable Federal, State and Local regulatory requirements including those in the Code of Federal Regulations, Title 49, Part 195, "Transportation of Hazardous Liquids by Pipeline". The method of installation within Beaumont's city limits will include open trench construction, boring and horizontal Minutes—October 16,2012 directional drills. The minimum depth of cover within the city limits will be 42 inches. Depth of cover will increase at road crossings and other city facilities. Pipe wall thickness within the city limits will vary from 0.515 inches to 0.748 inches depending on the method of installation. The City Council and Planning Commission will hold a Joint Public Hearing to consider the specific use permit on October 15, 2012. Approval of ordinance subject to the following conditions: 1. All traffic control shall comply with the Texas Manual on Uniform Traffic Control Devices, Part 6 (2009 edition). 2. Existing access points being utilized by Keystone shall be shown on a map displaying the scope of the project within the city limits. 3. Any oversized loads moving materials to the project site shall comply with the City of Beaumont Oversized Loads regulations. 4. Clear space between bottom of existing ditch and storm sewer pipe to the top of the TransCanada Keystone pipeline shall not be less than 5 feet. 5. A pipeline license agreement must be submitted and approved prior to any work being performed within the City right of way. A map shall be submitted to Water Utilities showing where the pipeline will be crossing any City of Beaumont water and sanitary sewer mains, both within and outside the City. In addition to the overall map, plan and profile drawings must be submitted for each crossing. The pipeline must be installed a minimum of 5 feet below the bottom of the lowest pipe crossing. Councilmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE CONSTRUCTION, MAINTAINING, OPERATING, REPAIRING, REPLACING,ALTERING AND INSPECTING OF AN OIL PIPELINE AND RELATED APPURTENANCES IN AN RS(RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT ON PROPERTY EXTENDING FROM THE EAST SIDE OF FANNETT ROAD (HWY 124) TO THE EAST SIDE OF THE CATTAIL MARSH IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Mayor Pro Tern Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 12 - 077 2. Consider an ordinance denying the rate increase request of CenterPoint Energy Resources Corp. initiated on July 2, 2012. Administration recommended approval of an ordinance denying the rate increase requests of CenterPoint Energy Resources Corp. initiated on July 2, 2012. On July 2, 2012, CenterPoint Energy ("CenterPoint") filed with the City of Beaumont and other cities in the CenterPoint Beaumont/East Texas Service Area a request to increase Minutes—October 16,2012 base rates by $8.6 million annually. The City Council on July 24, 2012 suspended the effective date of the proposed rate increase until November 4, 2012. The suspension was granted to allow for a more thorough review of CenterPoint's rate increase request. Since that time, the consulting experts retained by the cities to review the request have done so and are now recommending that the increase request be denied. It is the position of the city's steering committee to accept the recommendation of the consulting attorney and other retained consulting experts that the rate increase request be denied. The City must approve, deny or modify CenterPoint's Statement of Intent to increase rates by November 4, 2012 or the company's request will be deemed approved by operation of law. All reasonable expenses associated with rate cases are reimbursable by the company. Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE BY THE CITY OF BEAUMONT, TEXAS ("CITY") DENYING THE RATES OF CENTERPOINT ENERGY RESOURCES CORP. FILED IN CENTERPOINT ENERGY RESOURCES CORPS.'S RATE PROCEEDING INITIATED ON JULY 2,2012; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 12 — 078 3. Consider a resolution authorizing the City Manager to execute an agreement to manage the Municipal Separate Storm Sewer System Permit. The Municipal Separate Storm Sewer System (MS4) Permit is renewable every five years. Our current five year Phase I MS4, for cities larger than 100,000 in population, permit was renewed by the Texas Commission on Environmental Quality (TCEQ) in February 2012. The manager of the permit conducts dry and wet weather screenings of our five major outfalls in the City. Under the permit, the City is required to submit an annual report summarizing activities and results of the screenings and other inspections conducted throughout the year. The manager of the permit will complete this report for the City. New parameters were added in our recent permit such as the monitoring of E. coli (bacteria). Six (6) proposals were received for the management of the Municipal Separate Storm Sewer System (MS4) Permit for the City of Beaumont. The six companies who submitted were Carroll & Blackman, Inc. of Beaumont, CDM Smith, Inc., Hazen and Sawyer, P.0 of Houston, LJA Engineering, Inc. of Beaumont, RPS of Beaumont and URS Corporation of Beaumont. Each proposal was evaluated by a committee consisting of the Public Works Director, City Engineer, Environmental Specialist, Quality Control Manager, and Water Quality Coordinator. After evaluating the proposals, the committee interviewed CDM Smith, Minutes—October 16,2012 Inc., Carroll & Blackman, Inc., LJA Engineering, Inc., and URS Corporation. CDM Smith was selected based on their expertise in identifying and analyzing bacteria and the future Total Maximum Daily Load (TMDL) regulations expected to be instituted by TCEQ and EPA. CDM Smith, Inc. has subcontracted with Chica and Associates, Inc. of Beaumont to meet the City's MBE goal of 20 percent. General Fund-Public Works Department. Approval of resolution. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF AN ENGINEERING SERVICES AGREEMENT TO CDM SMITH,INC., OF HOUSTON, TEXAS, IN AN AMOUNT NOT TO EXCEED $240,000 TO MANAGE THE MUNICIPAL SEPARATE STORM SEWER SYSTEM(MS4)PERMIT. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 12 - 249 PUBLIC HEARING — Deferred for 2 weeks * Receive comments on the planned changes to Beaumont Municipal Transit's Laurel, Magnolia and Pine Routes WORK SESSIONS * Review and discuss the City's burglar alarm ordinance Jim Thompson, Director of Management Operations, reviewed and discussed the City's burglar alarm ordinance. The City's burglar alarm ordinance has not been amended since 2007. A review of alarm system practices was undertaken when the Technology Services Division advised that the old Police iSeries computer and its software were no longer reliable and needed to be replaced. On May 8, 2012, the Council approved the purchase of new burglar alarm software for the Police Department in the amount of$54,840. This software is now installed and ready for use. The proposed amendments are in keeping with the rules established by the Texas Local Government Code and Texas Occupations Code which together regulates burglar alarm systems and companies. The current annual revenues from permits and penalties total about$78,000. The recommended schedule will generate approximately$200,000 in registration and renewal fees. This revenue will offset computer, software, and program Minutes—October 16,2012 management costs. After the program is fully implemented, it is anticipated that penalties will add an additional $90,000. Review and discuss bonding requirements for grounds maintenance vendors Laura Clark, Chief Financial Officer, reviewed and discussed bonding requirement for grounds maintenance vendors. A performance bond protects the owner from the contractor's failure to perform in accordance with the terms of the contract along with three party agreements between the surety company, the principal vendor and the oblige which would be the owner/city. The performance bonds current use is where the city currently requires a vendor to be bonded by a surety company for construction contracts. There was also discussion as to what would happen if a vendor defaults on the contract. If the vendor defaults the city files a claim against the vendor's bond, the vendor's surety company will then investigate the claim, if the claim is legitimate, surety will assume and complete the contact, the city will then release the vendor from the bond obligation, the surety pursues action against the vendor for the amount paid to the city. There are several things that are required to obtain a performance bond. A surety company will consider factors such as the company's credit score, the amount of bond requested, the company's financial position, management experience, liquidity, and other factors to determine if the company can be bonded. Ms. Clark stated that a bond would be required after a contract was awarded, but before any work is to begin, the bond could take up to 30 days. The cost to get bonded usually cost between 1 —5% of the bond amount, this will depend on the background of the vendor. The pros and cons were also discussed in regards to performance bonds. Staff recommendation was not to require performance bonds and instead evaluate vendor based on capacity and require probationary period. COUNCILMEMBER COMMENTS MAYOR PRO TEM COLEMAN - THANKED THE SPONSORS OF DOGTOBER FEST,ANNOUNCED THE BREAST CANCER AWARENESS SK WALK THIS SATURDAY, 9:00 A.M.AT LAMAR UNIVERSITY COUNCILMEMBER GETZ- STATED THAT ONE OF THE THINGS HE ENJOYS IS ATTENDING THE COMMUNITY NEIGHBORHOOD ASSOCIATION MEETINGS, ONE HAS BECOME INACTIVE,WILL BE TRYING TO REACTIVATE THE NEIGHBORHOOD ASSOCIATION IN THE WILLOW CREEK AND BRENTWOOD AREA, ENCOURAGED ALL CITIZENS TO ATTEND A MEETING THAT HAS BEEN SCHEDULED ON WEDNESDAY, OCTOBER 24, 2012 AT 6:30 P.M., AT THE BRENTWOOD COUNTRY CLUB COUNCILMEMBER WRIGHT- VISITED THE GT OMNIPORT, VERY IMPRESSED WITH THE EXPANSION THAT IS GOING ON IN JEFFERSON COUNTY EVEN THOUGH THIS PORT IS IN SOUTH COUNTY,THIS PORT BRINGS TRAIN SERVICES FROM THE DIFFERENT REFINERIES, IT'S CONSIDERED A SHORT CUT AND CONNECTION BETWEEN PLANTS, THE NUMBER OF PEOPLE THAT THEY WILL HIRE IS Minutes—October 16,2012 ON THE HIGH END, THE AMOUNT OF REVENUE THAT THEY WILL BRING WILL BE PRODUCTIVE TO OUR AREA, WAS A JUDGE AT THE DOGTOBER FEST, JUDGED THE OWNER AND DOG LOOK ALIKE, IT WAS A GREAT EVENT COUNCILMEMBER PATE - COMMENTED ON DOGTOBER FEST, STATED THAT HE AND COUNCILMEMBER SMITH SAT IN ON THE HOWLING DOG CONTEST, COMPLIMENTED THE SPONSORS THAT PUT SO MUCH PLANNING INTO THE EVENT,ALSO COMPLIMENTED BILL MUNSON, JIM THOMPSON AND LAURA CLARK, CHIEF SINGLETARY AND JEFFCOAT ON THE GREAT JOB THEY DO, THEY MAKE COUNCIL LOOK GOOD AND SERVE THE CITIZENS WELL, ALSO COMMENTED ON LAMAR UNIVERSITY WINNING THEIR HOMECOMING COUNCILMEMBER SAMUEL- COMMENTED ON DOGTOBER FEST,WASN'T THERE FOR THE HOWLING DOG CONTEST BUT WAS THERE FOR THE BEST TAIL WAGGER AND THE MOST TALENTED DOG CONTEST, STATED THERE IS A LOT GOING ON IN BEAUMONT, IT'S A GREAT PLACE TO LIVE, WE HAVE SOME OF THE BEST EMPLOYEES IN THE WORLD, THANKED THE CITY MANAGER FOR ALL OF HIS WORK, ALSO MENTIONED THE CHARLIE WILSON CONCERT AT THE BEAUMONT CIVIC CENTER THIS WEEKEND, NOTICED THAT THERE ARE A GROWING NUMBER OF NEIGHBORHOOD ASSOCIATIONS GETTING INVOLVED WITH THEIR COMMUNITY COUNCILMEMBER SMITH - ANNOUNCED THAT EARLY VOTING STARTS OCTOBER 22, 2012 THROUGH NOVEMBER 2, 2012, ENCOURAGED EVERYONE TO GET OUT AND VOTE, THERE WILL BE ELEVEN LOCATIONS THROUGHOUT THE CITY,IF ANYONE NEEDS HELP PLEASE CALL THE COUNTY CLERK'S OFFICE AT 409-835- 8475, EXTENDED A THANK YOU TO CHIEF SINGLETARY AND NELSON AND THE FIRE DEPARTMENT ON BEHALF OF HIS WIFE WHO WAS IN AN AUTO ACCIDENT ON SATURDAY EVENING CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR AMES - COMMENTED ON DOGTOBERFEST,IT WAS A HOWLING GOOD TIME,ATTENDED THE HOMECOMING FOR LAMAR UNIVERSITY, ALSO THERE WAS A WINDSTORM MEETING HELD IN THE CITY WHICH WAS VERY INFORMATIVE, THERE IS SOME LEGISLATION THAT IS BEING INTRODUCED THAT WILL HAVE A CAP ON HOW MUCH INSURANCE YOU CAN HAVE ON YOUR HOME OR BUSINESS,THE CHAMBER OF COMMERCE IS TAKING Minutes—October 16,2012 A LEAD ON THIS TO WORK WITH OUR STATE REPRESENTATIVES TO TAKE ACTION AGAINST THIS LEGISLATION, THIS WILL COST CITIZENS IN THIS AREA A LOT OF MONEY Public Comments (Persons are limited to three minutes) None Open session of meeting recessed at 2:46 p.m. There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. Becky A es Mayor Tina Broussard, City Clerk Minutes—October 16,2012