HomeMy WebLinkAboutMIN JAN 08 2013 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 January 8, 2013 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 January 8, 2013, 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 2-8/Consent Agenda
Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Pastor James Blackwell of South Park Baptist Church gave the invocation. 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
None
Public Comment: Persons may speak on scheduled agenda items 2-8/Consent Agenda.
None
CONSENT AGENDA
Approval of minutes - December 18, 2012
Confirmation of committee appointments - None
A) Approve a resolution authorizing the City Manager to approve Change Order No. 2 to
the contract with Brystar Contracting, Inc. related to the Sanitary Sewer Rehabilitation
of Small Diameter Mains Contract XXI Project— Resolution 13 — 001
B) Approve a resolution authorizing the Mayor to execute a waiver granting permission for the
Jefferson County Mosquito Control District to operate aircraft at a low altitude over the City
of Beaumont for mosquito control purposes— Resolution 13 — 002
Minutes—January 8,2013
C) Approve a resolution authorizing the settlement of the claim of Chantesha Bruno —
Resolution 13 - 003
D) Approve a resolution authorizing the settlement of the claim of Debra Reeves—Resolution
13 - 004
E) Approve a resolution rescinding Resolutions 06-263 and 99-352 and allowing remote
payment centers to determine the fee to charge for processing city water payments —
Resolution 13 - 005
Councilmember Pate made a motion to approve the Consent Agenda. Councilmember
Smith 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 zone change from RS (Residential Single Family
Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District and
GC-MD-2(General Commercial-Multiple Family Dwelling-2)District at 2550 E. Lucas Drive.
David Morrow has applied for a zone change.
Mr. Morrow states that the property was the location of 3L Printing for thirty plus years. He
would now like to run his screen printing business out of the existing 5,000 sq. ft. building.
The south 150' of the property is zoned GC-MD. The north 250' is zoned RS.
Approximately 33' of the north end of the building falls within RS zoning.
Mr. Morrow states that he has no plans for the remainder of the property but does hope to
expand his business into athletic/business uniforms as well as embroidery production. Any
expansion within the foreseeable future will be contained within the existing building.
With concerns over what kind of impact GC-MD zoning would have on surrounding
residentially zoned properties, the Planning Commission recommended GC-MD for the
south 40' of the subject and GC-MD-2 for the north 210' of the subject property.
At a Joint Public Hearing held December 17, 2012, the Planning Commission
recommended approval 5:0 of the zone change to GC-MD for the south 40'of the subject
property and to GC-MD-2 for the north 210' of the subject property.
Approval of ordinance.
Minutes—January 8,2013
Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING A
CHAPTER OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE
BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT,
TEXAS,BY CHANGING THE ZONING OF THE SOUTH FORTY FEET(40')OF THE PROPERTY PRESENTLY
ZONED RS(RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT TO GC-MD(GENERAL COMMERCIAL-
MULTIPLE FAMILY DWELLING) DISTRICT AND THE NORTH TWO HUNDRED TEN FEET(210') OF THE
PROPERTY TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR
PROPERTY LOCATED AT 2550 E LUCAS DRIVE,BEAUMONT,JEFFERSON COUNTY,TEXAS;PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Wright
seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 13 - 001
2. Consider an ordinance approving the abandonment of a 0.1974 acre portion of a utility
easement located off of Delaware Street and west of Dowlen Road behind the HEB Store.
Mark W. Whiteley&Associates has applied for the abandonment of a 0.1974 acre portion
of a 10'wide utility easement. The applicant states that this easement was created prior to
the construction of the HEB store at the northwest corner of Dowlen and Delaware. No
utilities were ever constructed in this section of the easement. Therefore, the owner of the
tract would like to abandon this portion of the easement.
This item was sent to all interested parties. No negative responses were received.
At a Regular Meeting held December 17, 2012, the Planning Commission recommended
approval 5:0 of the abandonment.
Approval of ordinance.
Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
VACATING AND ABANDONING A 0.1974 ACRE PORTION OF A 10'WIDE UTILITY EASEMENT LOCATED
OFF OF DELAWARE STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz
seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 13 - 002
Minutes—January 8,2013
3. Consider a resolution approving two contracts for mowing developed and vacant city-
owned property and abandoned property within the city limits.
Developed and vacant city-owned property and abandoned property within the city limits
are mowed approximately once every six (6) weeks during growing season. The City
currently mows 178 city-owned and 231 abandoned properties.
City-owned properties,for the purpose of this contract, are mostly unimproved street right-
of-ways or properties in the name of Jefferson County. Abandoned property is defined as
property that has no mailing address and/or no name listed on the tax roll. The total
number of properties being mowed changes throughout the year. Attached is a list of
properties to be mowed.
The contract is divided into two (2) sections with six cut codes per section. Each
contractor is awarded one (1) section with the company's capacity and experience
determining the section awarded. Vendors are required to cut one (1) cut code per week
with all cut codes being completed at the end of six (6) weeks. A cut code is a list of
properties that are to be mowed within five (5) working days, and are grouped in a small
geographic area to aid the contractor in being cost effective. The contract is for one (1)
year with annual renewal options not to exceed two (2) renewals with no increase in cost.
Ten (10)vendors were provided bid notices and five(5)responses were received. Scraps
& Metals Demo of Beaumont provided the lowest bids for both sections but did not meet
the minimum contract requirements. Garden of Gethsemane Nursery and Landscaping
LLC, and Bulldog Excavating, Inc., were the next lowest bidders.
General Fund.
Approval of resolution.
Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE
AND HE IS HEREBY AUTHORIZED TO EXECUTE CONTRACTS WITH GARDEN OF GETHSEMANE NURSERY
AND LANDSCAPING, LLC, OF BEAUMONT, TEXAS, AND BULLDOG EXCAVATING, INC., OF VIDOR,
TEXAS. Councilmember Wright seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 13 - 006
4. Consider a resolution approving the purchase of sodium hydroxide for use by the Water
Utilities Department.
Sodium hydroxide is used to purify the City's water supply. The Water Utilities Department
expects to purchase approximately five-hundred (500) dry tons of this material during the
term of the contract.
Minutes—January 8,2013
Formal bids were requested from eight (8) vendors for a six (6) month contract to supply
sodium hydroxide. Four (4) bids were received. Low bid of $259,000 was submitted by
Altivia, Inc., of Houston.This represents an approximate nine percent(9%)decrease from
the last contract price. Altivia, Inc., currently holds this contract.
Water Utilities Fund.
Approval of resolution.
COuncilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED
BY ALTIVIA, INC., OF HOUSTON, TEXAS, FOR A SIX(6) MONTH CONTRACT FOR THE PURCHASE OF
SODIUM HYDROXIDE FOR AN ESTIMATED TOTAL EXPENDITURE OF$259,000 BE ACCEPTED BY THE
CITY OF BEAUMONT. Councilmember Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 13 - 007
5. Consider a resolution approving the purchase of two truck-mounted sewer cleaners and
two chassis for use by the Water Department.
The new sewer cleaners consist of a 700 gallon truck-mounted tank with high pressure
water pump. The truck-mounted units are sent to sewer line stoppages to flush the lines
and to make sure that the main is cleared.
The new equipment will replace units 3318 and 3319 which are no longer cost-effective to
maintain due to age and condition. The old units will be disposed of according to the City's
surplus equipment disposal policies.
Pricing for the vehicles was obtained through the Houston-Galveston Area Council (H-
GAC)a cooperative purchasing association providing cities and political subdivisions with
the means to purchase specialized equipment at volume pricing. H-GAC complies with
State of Texas procurement statutes. The cost of each cleaner tank is$56,585 for a total
of $113,170. Two Isuzu cab chassis will be purchased for $48,608 each or a total of
$97,216.
Standard warranties of two (2)years are provided for the chassis, pump and motor. A ten
(10) year warranty is provided for the water tank. Warranty service is available from the
dealers. Delivery is expected within one hundred twenty(120) to one hundred fifty (150)
days.
Water Utilities Fund.
Approval of the resolution.
Minutes—January 8,2013
Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER
BE,AND HE IS HEREBY,AUTHORIZED TO APPROVE THE PURCHASE OF TWO(2)SEWER CLEANERS
FROM TEXAS UNDERGROUND, INC.,OF HOUSTON,TEXAS, IN THE AMOUNT OF$113,170 AND TWO
(2)CAB CHASSIS FROM RUSH TRUCK CENTER OF TEXAS,L.P.,OF HOUSTON,TEXAS,IN THE AMOUNT
OF $97,216 THROUGH THE HOUSTON-GALVESTON AREA COUNCIL (H-GAC) COOPERATIVE
PURCHASING PROGRAM FOR USE BY THE WATER UTILITIES DEPARTMENT. Councilmember Smith
seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE, SAMUEL, SMITH
NAYS: NONE
MOTION PASSED
Resolution 13 - 008
6. Consider a resolution approving the purchase of polyethylene pipe for use by the Water
Utilities Department.
Bids were requested for the purchase of 40,000 feet of 8 inch HDPE pipe for use by the
Water Utilities Department in the Sewer Rehabilitation Program.
Seven (7) vendors were notified, and seven (7) bids were received. Low bid of$180,800
($4.52/ft)was received from ISCO Industries, Inc., of Louisville, Kentucky. Coburn Supply,
Inc., of Beaumont submitted a bid of$185,200 ($4.63/ft).
Coburn Supply, Inc., satisfactorily applied, and is approved for consideration under the
local vendor preference policy and is within five percent(5%)of the lowest bidder. Use of
local vendor preference will result in an increased cost to the City of$4,400.
Water Utilities Fund.
Approval of resolution.
Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE
AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH COBURN SUPPLY, INC., OF
BEAUMONT,TEXAS. Councilmember Coleman seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE, SAMUEL, SMITH
NAYS: NONE
MOTION PASSED
Resolution 13 — 009
Minutes—January 8,2013
7. Consider a resolution approving the purchase of five reconditioned solar powered mixers
for use at the Wastewater Treatment Plant.
The State issued discharge permit for 46 million gallons a day requires the treated
wastewater to contain a 2 mg/liter dissolved oxygen concentration prior to discharging it in
the manmade wetlands for final polishing. Currently, oxygen is injected into the treated
wastewater using a network of electrical aerators installed in the ponds. The installation of
the proposed solar powered mixers will be the last step toward replacing the existing 20
electrically driven aerators whose purpose can be accomplished with the proposed
purchase. In addition to providing the required oxygen concentration,the SolarBee mixers
will reduce the energy consumption, minimize maintenance needs, and enhance ammonia
reduction.
Original pricing was obtained in the bidding of the Wastewater Treatment Plant Holding
Pond Project and Dredging of Ponds 1 and 2 Project that was awarded to Brystar
Contracting, Inc. in March 2012. The bid tabulation included an Additive Bid Item for
purchasing 12 solar mixers. However, the Additive Bid Item was not awarded with the
project because the cost was $60,500 per unit. On October 30, 2012, City Council
approved the purchase of six similar units with a 5-year warranty and Service Program at a
total cost of$250,000.
The price for the proposed purchase of five(5)reconditioned sole source SolarBee model
SB10000 v1 8R solar powered mixers including a 5-year warranty and Service Program is
$175,000. The purchase price includes equipment, delivery, installation, and startup. The
5-year Service Program includes maintenance, labor and parts in case of failures and
software/hardware upgrades as they become available.
Capital Program.
Approval of resolution.
Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL
HEREBY APPROVES THE PURCHASE OF FIVE(5)RECONDITIONED SOLAR POWERED MIXERS FROM
SOLARBEE, OF DICKERSON, NORTH DAKOTA, THE SOLE SOURCE MANUFACTURER OF SOLARBEE
MODEL SB10000 VI 811 SOLAR POWERED MIXERS,IN THE AMOUNT OF$175,000 FOR USE BY THE
WATER UTILITIES DEPARTMENT. Councilmember Samuel seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE, SAMUEL, SMITH
NAYS: NONE
MOTION PASSED
Resolution 13 - 010
8. Consider a resolution authorizing the City Manager to approve Change Order No. 5 to the
contract with Simco Enterprises, Ltd., related to the MLK King Jr. Parkway Waterline
Extension Project.
Minutes—January 8,2013
The City Council approved a contract with Simco Enterprises, Ltd., on September 28,
2010, in the amount of$483,712.00. The contract was to install a new 12"water line and
related appurtenances along ML King Jr. Parkway to loop the water system to provide a
more reliable second water source to the prisons. The project will also repair a water leak
on a 16" water line on West Port Arthur Road.
The proposed change order will decrease the contract amount by $71,610.00. The
proposed changes are to deduct two (2) 12" MJ 900 bends, deduct one (1) 6" MJ 22 1/20
bend, deduct one (1) 12" x 6" MJ reducer, deduct one (1) 12" cap, deduct one (1) air
release valve, deduct the furnishing and installation of one (1) fire hydrant assembly,
deduct one (1) removal of an existing fire hydrant assembly, deduct 1 LF of 8" Class 150
C-900 PVC water line by open trench, deduct 55 LF of 6" Class 150 C-900 PVC water line
by open trench, deduct one (1) 12" resilient wedge gate valve and valve box, deduct 4700
LF of trench safety system; deduct 8 square yards of concrete pavement replacement;and
deduct 4530 LF of abatement of existing Transite water line. Also included is the addition
of 98 LF of 12" Class 150 DR-18 C-900 water line by open trench or directional drill
methods, and the addition of one (1) 6" resilient wedge gate valve.
Resolution 10-252 in the amount of $483,712.00 was approved September 28, 2010.
Change Order No. 1 in the amount of $51,191.06 was approved February 1, 2011.
Change Order No. 2 in the amount of-$5,299.52 was executed May 31, 2011. Change
Order No. 3 in the amount of$20,964.00 was approved August 16, 2011. Change Order
No. 4 in the amount of-$6,123.20 was executed on March 15, 2012.
Capital Program.
Approval of Resolution.
COuncilmember Coleman made a motion tO APPROVE A RESOLUTION THAT THE CITY MANAGER
BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 5 FOR ADJUSTMENTS,
THEREBY DECREASING THE CONTRACT AMOUNT BY($71,610.00)FOR ATOTAL CONTRACT AMOUNT
OF$472,834.34. Councilmember Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE,SAMUEL, SMITH
NAYS: NONE
MOTION PASSED
Resolution 13 — 011
WORK SESSION
* Review and discuss the lease agreement with Jehovah Jireh Village CDC, Inc.
related to the L.L. Melton property
City Manager, Kyle Hayes, discussed with Council the present situation with Jehovah Jireh Village
CDC, Inc. The City Manager stated a letter was sent to him in regards to the financial challenges
that the CDC is experiencing with paying utility expenses and is considering terminating the
current lease agreement. Jehovah Jireh Village does not want to terminate the lease agreement
Minutes—January 8,2013
with the city and are seeking other alternatives, in the meantime the CDC asked for consideration
from the city of other funds that would be helpful to offset utility expenses. The Manager stated
that there are some unencumbered CDBG funds related to the Hurricane Ike buyout in the Pine
Street area. There were funds that were set aside to buy out about 25 homes, 12 homes were
bought out. If Council were to give approval there's an amount of $28,257.00 that could be
reallocated into a public service line item specifically for Jehovah Jireh Village. There was lengthy
discussion by Council regarding Jehovah Jireh Village and the unencumbered funds that could be
used, as well as discussion of selling the building to the private sector. The City Manager stated
he would bring this item to Council as an action item to vote on at the next Council meeting.
COUNCILMEMBER COMMENTS
MAYOR PRO TEM COLEMAN - WISHED HIS DAUGHTER-IN-LAW ANNA A HAPPY BIRTHDAY
AND A HAPPY NEW YEAR TO ALL OF THE CITIZENS OF
BEAUMONT
COUNCILMEMBER GETZ- WISHED EVERYONE A HAPPY NEW YEAR,COMMENTED ON A
NEW YEAR'S EVENT HE ATTENDED AT THE BEAUMONT CIVIC
CENTER
COUNCILMEMBER WRIGHT- WISHED EVERYONE A HAPPY NEW YEAR, HAD A
PRESENTATION FOR COUNCILMEMBER SMITH REGARDING
THE TEXAS A&M GAME, COMPLIMENTED DR.TOHME AND
HIS STAFF FOR THEIR VISION FOR THE CITY AND THANKED
THE FINANCE OFFICER FOR AWARDING LOCAL BUSINESSES
IN THE BID PROCESS
COUNCILMEMBER PATE- STATED THAT 2013 IS GOING TO BE AS GREAT AS ONE
WOULD LIKE IT TO BE, COMPLIMENTED DR.TOHME AND HIS
STAFF FOR ALL THEY DID THROUGHOUT THE HOLIDAY,
OFFERED CONDOLENCES TO THE FAMILY OF JOHN NEIL
COUNCILMEMBER SAMUEL- WISHED EVERYONE A HAPPY NEW YEAR,HE IS PRAYING FOR
GREATER PEACE, UNDERSTANDING AND PATIENCE, ALSO
COMMENDED DR. TOHME AND HIS STAFF FOR THE WORK
THEY DID DURING THE HOLIDAYS
COUNCILMEMBER SMITH- WISHED EVERYONE A HAPPY NEW YEAR AND WISHED HIS
GRANDDAUGHTER A HAPPY 1ST BIRTHDAY
CITY ATTORNEY COOPER- COMMENTED ON THE TML LEGISLATION THAT IS GETTING
READY TO RECONVENE, THE PROGRAM AND THE GOALS OF
TML AND WHAT THEY WILL DO TO MAKE SURE THAT THOSE
BILLS THAT NEED TO BE ERODED WILL BE
CITY MANAGER HAYES- STATED THERE WILL BE A WORKSESSION AT THE NEXT
COUNCIL MEETING RELATED TO RECYCLING EFFORTS AS
WELL AS A CLEAN-UP PROGRAM THE PAVEMENT
MANAGEMENT SYSTEM IS MOVING FORWARD AND SHOULD
HAVE A REPORT IN THE NEXT THREE TO FOUR WEEKS
Minutes—January 8,2013
MAYOR AMES - GAVE CONDOLENCES TO THE NEIL FAMILY, WISHED
EVERYONE A HAPPY NEW YEAR
Public Comments (Persons are limited to three minutes)
Linda Pettigreu 2695 Forrest St. Beaumont TX
Commented on the water department, asked for proof of the policy that is in place that
request a deed, birth certificate and social security card when you are requesting water for
the first time, also requested that the policy be amended in regards to the elderly, as well
as the water being turned on the same day the bill is paid
Ernest Larkins 4965 Plant Rd. Beaumont TX
Spoke to Council in regards to the worksession and the L.L. Melton Family Life Resource
Center, asked that Council please consider not closing the facility, he's a veteran and
suffers with PTSD, the center is a safe haven for him with his condition, wanted to know
how much money is a payoff for the future of a child, if the center closes he has no place to
go
There being no Executive Session, Council adjourned at 2:52 p.m.
EXECUTIVE SESSION - CANCELLED
Consider matters related to contemplated or pending litigation in accordance with Section
551.071 of the Government Code:
Jay Brocato, et al vs. City of Beaumont, Texas; Cause No. D-183,620
dio available upon request in the City Clerk's
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Tina roussard, City Clerk
Minutes—January 8,2013