HomeMy WebLinkAboutMIN OCT 22 2013 M. I N U T E S - CITY OF BEAUMONT
W.L. Pate, Jr.,At-Large BECKY AMES, MAYOR Gethrel Wright, Mayor Pro Tern
Dr. Alan B. Coleman,Ward I CITY COUNCIL MEETING Michael D. Getz,Ward 11
Audwin Samuel,Ward III October 22, 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 October 22, 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 1-4/Consent Agenda
Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Pastor"Big"Jim Selles of West End Baptist Church gave the invocation. Councilmember Pate led
the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk.
Present at the meeting were Mayor Ames, Mayor Pro Tern Wright (arrived at 1-35 p.m.),
Councilmembers Coleman, Getz, Pate, Samuel and Smith. Also present were Kyle Hayes, City
Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk.
Proclamations, Presentations, Recognitions
"Down Syndrome Awareness Month" - October, 2013 - Proclamation read by
Councilmember Getz; accepted by Gary HaIdago, Executive Director of the Ark of
Beaumont along with other guest
Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda.
None
CONSENT AGENDA
Approval of minutes - September 10, 2013
Confirmation of committee appointments — None
A) Approve Compensation for the City Manager— Resolution 13 - 236
B) Approve Compensation for the City Attorney — Resolution 13 - 237
C) Approve Compensation for the City Clerk— Resolution 13 - 238
Minutes—October 22,2013
D) Approve a resolution providing for the reimbursement of capital expenditures incurred prior
to future financing — Resolution 13 - 239
Councilmember Samuel made a motion to approve the Consent Agenda, Councilmember
Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
GETZ, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
1. Consider a resolution approving the award of a bid to McInnis Construction, Inc. of Silsbee
for the construction of a new Fire Station No. 2.
A grant from the Texas Community Development Block Grant (CDBG) Disaster Recovery
Program administered by the Texas General Land Office (GLO) for areas impacted by
Hurricane Ike was awarded for the construction of a new Fire Station No. 2.
The new station, designed by Architectural Alliance, Inc., will be constructed on Helbig Rd.
adjacent to the Willard Library. It will replace the current station located at 4495 Ironton.
Bids, as shown on the attached tabulation, ranged from $2,724,920 to $3,285,000.
Alternate bids were requested for the construction of a training tower, stainless steel lockers
in lieu of painted lockers and an epoxy finish on the bay floor, ail of which are recommended
for approval.
The new station features individual sleeping rooms, an open kitchen and dining room with
training and day room accommodations. The 38 ft. training tower will provide firefighters
stationed in the northwest district a facility for training in confined spaces with full hoses and
wet stairs.
The three bay stations will accommodate up to three units. At this time, one pumper truck
and possibly a reserve or Chief's car will be onsite. Presently, three firefighters are on duty
at Fire Station#2 but the new station will accommodate up to five firefighters providing room
for future growth.
Featured at this station are hurricane rated bi-fold doors in lieu of overhead doors providing
engine drivers a clear vision of the doors as they exit the bay, thus reducing damage to
overhead doors and trucks. A decontamination room is also provided in this station allowing
for proper cleaning and drying of bunker gear.
The station will be fenced and gated for fire equipment and personal vehicles.
McInnis plans to subcontract 5% of work to local MBE/HUB vendors. McInnis will comply
with the City's Section 3 policy when hiring workers. Work is expected to commence by
Minutes—October 22,2613
mid November and be completed within 300 calendar days.
Upon completion, the building on Ironton will be sold.
Texas GLO Disaster Recovery Grant.
Approval of resolution.
Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY
APPROVES THE AWARD OF A CONTRACT TO MCINNIS CONSTRUCTION, INC., OF SILSBEE,TEXAS, IN
THE AMOUNT OF $2,724,920 FOR THE FIRE STATION NO. 2 CONSTRUCTION PROJECT.
Councilmember Coleman seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
GETZ, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 13 - 240
2. Consider a resolution approving the award of a bid to Lange Brothers Construction, Inc.
of Port Arthur for plaster repair in the Jefferson Theatre.
One bid was received on Thursday, October 10, 2013 for furnishing all labor, materials,
supplies and equipment to repair and paint the Jefferson Theatre balcony ceiling and
walls. Plaster corbels, ceilings and walls have deteriorated from water and moisture
intrusion since Hurricanes Rita and Ike. Last summer the building's exterior brick and
mortar were sealed to prevent further moisture intrusion.
The damage has resulted in large portions of ceiling and wall plaster blistering, cracking
and falling from the ceiling and walls. The existing damaged plaster will be removed
sanded and new plaster applied creating a smooth finish for faux painting.
A base bid for the balcony ceiling and walls and an alternate bid for the orchestra
ceiling was requested. Additionally, a price per square foot for the repair of unforseen
damaged plaster was requested.
Milton Bell Architects developed the scope of work for this project. Mr. Bell is
exceptionally knowledgeable of the building as he was the lead architect on the
Jefferson Theatre's interior renovation in 2003. Lange Brothers specializes in plaster
repair and faux finishing.
Acceptance of the base bid only allows the theatre to be open during the construction
time frame. The balcony can be sealed with a plastic drape while under construction
allowing the Event Facilities staff to schedule events on weekends and evenings
without affecting the construction site. Otherwise, the theatre would be closed for a
period of no less than 110 days.
Minutes—October 22.2013
There is no MBE/HUB participation on this project as Mr. Lange will not subcontract any
work on this project.
The balcony project will commence on November 12, 2013 and be completed no later
than March 1, 2014.
Capital Reserve Fund.
Approval of resolution.
Councilmember Smith moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY
APPROVES THE AWARD OF A CONTRACT TO LANGE BROTHERS CONSTRUCTION, INC., OF PORT
ARTHUR,TEXAS, IN THE AMOUNT OF$146,342,PLUS$14.50 PER SQ.FT.FOR PLASTER REPAIR
FOR THE JEFFERSON THEATRE BALCONY REPAIR PROJECT. Councilmember Pate seconded
the motion.
AYES: MAYOR AMES,MAYOR PRO TEM WRIGHT,COUNCILMEMBERS COLEMAN,
GETZ, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 13 - 241
3. Consider a resolution authorizing eminent domain proceedings to acquire property
located at 4730 Avenue A for the Avenue A Improvement Project,
As part of the Avenue A Improvement Project, eleven (11) parcels of land from West
Cardinal Drive to West Virginia Street need to be acquired. This is the final piece of
property to be presented to City Council that is needed for the project. The subject
property was appraised by Bishop Real Estate Appraisers as described:
0.014 acre of land, situated in the J.W. Bullock Survey, Abstract No. 7
(4730 Avenue A) Value:$3,100.00
Owners: James and Patsy Boles
Staff has made several contacts with the owners in an attempt to negotiate the
acquisition of the property. The owners of the property have refused to accept the
appraised value for their property.
Since the owners have refused to sell the property to the City for the appraised market
value, it is necessary to initiate proceedings in eminent domain to acquire the property.
In order to authorize the exercise of eminent domain to acquire property, a specific
motion and record vote is necessary.
Capital Program.
Minutes—October 22,2013
Approval of resolution.
Councilmember Wright moved to APPROVE A RESOLUTION THAT THE CITY OF BEAUMONT
AUTHORIZE THE USE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE A FEE SIMPLE TITLE
INTEREST IN 0.014 ACRES OF LAND,SITUATED IN THE J.W. BULLOCK SURVEY,ABSTRACT NO.7
(4730 AVENUE A) FOR THE PURPOSE OF THE AVENUE A STREET IMPROVEMENT PROJECT.
Councilmember Samuel seconded the motion.
AYES: MAYOR AMES,MAYOR PRO TEM WRIGHT,COUNCILMEMBERS COLEMAN,
GETZ, PATE, SAMUEL AND SMITH
NAYS: NONE
RECORD VOTE:
MAYOR AMES: YES
MAYOR PRO TEM WRIGHT: YES
COUNCILMEMBER COLEMAN: YES
COUNCILMEMBER GETZ: YES
COUNCILMEMBER PATE: YES
COUNCILMEMBER SAMUEL: YES
COUNCILMEMBER SMITH: YES
MOTION PASSED
Resolution 13 - 242
4. Consider an ordinance authorizing the suspension of the effective date of Entergy
Texas, Inc.'s proposed rate increase to January 28, 2014.
On September 25, 2013, Entergy Texas, Inc. (Entergy)filed its Statement of Intent with
the cities in its service area requesting an annual base rate increase of $38.6 million
representing an overall increase of 4.93% in revenues. Additionally, Entergy is
requesting two limited term riders to recover approximately $3.12 million in rate case
expenses and a rough production cost equalization adjustment rider to recover
approximately $11.4 million from its retail customers. The total requested increase for
the first year is$53.1 million or 6.78%. The annual proposed increase in revenues from
residential customers is $7.8 million. If approved, the proposed base rate increase
would result in a monthly increase of$1.89 for an average residential customer using
1,000 kWh hours per month.
The City of Beaumont retains exclusive original jurisdiction over electric utility rates and
is responsible to ensure that each rate an electric utility provider requests and/or
receives is just and reasonable. In order to make such a determination, it is necessary
that the request be evaluated. A decision in that regard must be made on or before
October 30, 2013. If a timely determination is not made, or the effective date is not
suspended, the rate increase proposed by Entergy would go into effect by operation
Minutes-October 22,2013
of law. Pursuant to Public Utility Regulatory Act, Tex. Util. Code §36.108, municipal
regulatory authorities may suspend the rate change proposed by a utility up to 90 days
after the date the rate change would otherwise be effective.
The proposed ordinance authorizes the suspension of the effective date of the
requested increase to January 28, 2014. This would allow sufficient time for the City
to join with other steering committee cities in the Entergy service area to review the rate
filing package in order to make a determination as to whether the request is just and
reasonable. The ordinance also authorizes the hiring of the Lawton Law Firm, PC and
rate consultants to represent the interest of the City through the steering committee and
requires the steering committee to seek reimbursement from the utility company for any
rate case expenses incurred.
The reasonable expenses associated with these cases will be reimbursable by the
company as provided for in the Public Utility Regulatory Act.
Approval of ordinance.
Councilmember Coleman moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE
CITY OF BEAUMONT, TEXAS, AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE FOR AN
ADDITIONAL NINETY(90) DAYS BEYOND THE OCTOBER 30, 2013, EFFECTIVE DATE PROPOSED
BY ENTERGY TEXAS, INC., IN CONNECTION WITH ITS RATE INCREASE APPLICATION ENTITLED
"APPLICATION OF ENTERGY TEXAS,INC,FOR AUTHORITY TO CHANGE RATES AND TO RECONCILE
FUEL COSTS." FILED ON SEPTEMBER 25, 2013; AUTHORIZING THE HIRING OF LAWYERS AND
RATE EXPERTS;AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY
LAW AT THE PUBLIC UTILITY COMMISSION OF TEXAS,REQUIRING REIMBURSEMENT OF MUNICIPAL
RATE CASE EXPENSES; 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 Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT,COUNCILMEMBERS COLEMAN,
GETZ, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 13 — 64
Mayor Ames read the announcement regarding Executive Session being held at the
conclusion of the General Business portion of the meeting.
WORK SESSION
Receive a demonstration of the GORequest App for reporting city related
issues
Minutes—October 22,2013
Bart Bartkowiak, Information Technology Director, discussed and demonstrated with Council
the new GORequest App for reporting city related issues. In the powerpoint demonstration it
was explained as to how to download the GORequest application on an Apple or Android
mobile device. The first step shown was how to launch the application, after launching the
application the requester would then select the issue they would like to report. Once the issue
is report the requester will be given a request number to associate with their report. The
citizen is also able to add a photo of the issue along with comments, contact information and a
photo. The issue being sent by the requestor will go directly to 311 who will then forward the
request to the perspective department for corrective action
COUNCILMEMBER COMMENTS
COUNCILMEMBER SMITH - THANKED DR. COLEMAN AND THE TECHNOLOGY
DEPARTMENT FOR MAKING THE GOREQUST APP A
REALITY, IT'S REALLY GREAT FOR THE COMMUNITY,
ANNOUNCED THAT THE NAACP WILL BE HAVING
THEIR SCHOLARSHIP FUND RAISER ON SATURDAY,
OCTOBER 26, 2013, 7:OOP.M. AT THE BEAUMONT
CIVIC CENTER
COUNCILMEMBER SAMUEL- STATED THAT IT WAS A WONDERFUL WEEKEND IN
BEAUMONT, COMMENTED ON LAMAR UNIVERSITY'S
HOMECOMING FOOTBALL GAME,TRULY APPRECIATED
THE INVITATION FOR THE CHURCH SERVICE AT OUR
MOTHER OF MERCY CATHOLIC CHURCH,THE THEME
"KEEP YOUR HANDS UP AND IF YOU CAN'T KEEP YOUR
HANDS UP GET A LITTLE HELP FROM SOMEONE ELSE"
COUNCILMEMBER PATE - COMMENTED ON LAMAR UNIVERSITY HOMECOMING
GAME, THOUGHTS AND PRAYERS ARE WITH THE
FAMILY OF COACH BUM PHILLIPS ON HIS PASSING,
ANNOUNCED THAT BETTER BUSINESS BUREAU WILL
BE HOSTING A SENIOR CELEBRATION ON THURSDAY,
OCTOBER 24, 2013, ALSO REMINDED EVERYONE
ABOUT LUNCH ON THE LAKE ON MONDAYS, THEY
HAVE ADDED A NEW VENDOR THAT'S SERVING
JAMAICAN FOOD
MAYOR PRO TEM WRIGHT - CONDOLENCES TO THE THOMAS MITCHELL ROBBINS
FAMILY, ESPECIALLY TO HIS MOTHER JESSLYN
MAYFIELD AND HIS SON IAN ROBBINS,ATTENDED THE
50TH YEAR CELEBRATION BANQUET FOR ALPHA PHI
ALPHA/EPSILON RHO CHAPTER, MENTIONED THE
SERVICE AT OUR MOTHER OF MERCY CATHOLIC
CHURCH, ALSO REPRESENTED THE MAYOR AT THE
AUTO SHOW ON SUNDAY AND PICKED OUT THE
MAYORS CHOICE AUTO
Minutes—October 22.2013
COUNCILMEMBER GETZ- MENTIONED THE TOUCH A TRUCK EVENT, THANKED
BISD FOR ALLOWING THE CHILDREN'S MUSEUM TO
UTILIZE THEIR FACILITY FOR THE EVENT,THANKED HIS
WIFE ALLISON, WHO IS THE PRESIDENT OF THE
CHILDREN'S MUSEUM, THERE ARE A LOT OF THINGS
GOING ON IN BEAUMONT, ENCOURAGED EVERYONE
THAT CAN TO ATTEND THE SYMPHONY ON
SATURDAY, OCTOBER 26, 2013
COUNCILMEMBER COLEMAN - STATED THAT THE BEAUMONT POLICE DEPARTMENT
WILL BE ON COPS WHICH WILL AIR ON SPIKE TV,
OCTOBER 26, 2013, AT 6:00 P.M., THANKED BART
BARTKOWIAK AND HIS TEAM FOR FOLLOWING
THROUGH ON THE GOREQUEST APP, ASKED DR.
HANI TOHME TO SPEAK REGARDING THE RECYCLING
PROGRAM THAT HE HAS PUT TOGETHER, DR.TOHME
ANNOUNCED THAT THE PROGRAM WILL BE AT THE
.JEFFERSON THEATRE ON WEDNESDAY, OCTOBER
23,2013,5:00 P.M.,THE MOVIE "LIFE OF A PLASTIC
BAG"WILL BE FEATURED AT 7:00 P.M., THERE WILL
BE A PANEL AFTERWARDS TO ANSWER QUESTIONS
CITY ATTORNEY COOPER- NONE
CITY MANAGER HAYES - INFORMED COUNCIL THAT THE CITY'S WEBSITE HAS
BEEN REVAMPED,THANKED BART BARTKOWIAK AND
STAFF AS WELL AS DANIELLE UNDERFERTH FOR
THEIR HARD WORK, THE WEB SITE CAN STILL BE
ACCESSED BY GOING TO THECITYOFBEAU MONT.COM,
ALSO EVERYONE IS ENCOURAGED TO VISIT THE WEB
SITE BEAU MONTTEXAS.GOV
MAYOR AMES - ANNOUNCED THE BUDDY WALK THIS SATURDAY,
OCTOBER 26, 2013, ENCOURAGED EVERYONE TO
TAKE PART
Public Comments (Persons are limited to three minutes)
Jesus Abrego 3675 Washington Beaumont TX
Disturbed to read that the City spent$425,000 to do a survey on the condition of the
streets, that amount may not seem like a lot of money but for a City where 72% of
kids that go to school are on the free lunch program it's a lot of money for families,
also surprised to learn that the City is going to fix 23'd Street between Washington
Blvd and College, stated that he has requested in the past to look at Washington
Minutes—October 22,2013
Blvd between Lanham and Major Dr., also requested more lighting on Washington
Blvd
William Johnson 1045 Madison St. Beaumont TX
Spoke to Council regarding his damaged home from the hurricane, stated that he
has been passed over in the second round with Southeast Texas Regional Planning
Commission, from 2005 through 2007 all he has done is fill out forms and have
pictures taken of his home, stated that he has yet to receive a new home, wanted to
know why he has not had his home built as of yet
Marian Jones 3520 Charleston Ln. Beaumont TX
Spoke with Council regarding the Beaumont Community Center in Tyrrell Park,
stated that several plans for the remodeling of this building for a second Event
Center for Tyrrell Park has been submitted to Council, there are organizations in this
City who would welcome the opportunity to participate and help, not with the
remodeling but with the historical preservation of this community center, would not
preserving this community center better serve the citizens of Beaumont
Margaret Golias 3430 Evalon Beaumont TX
Stated that she is the President of the Beaumont Council Garden Club, spoke
regarding the Community Center in Tyrrell Park, the Community Center is in
disrepair, stated that everyone's help is needed, it would be a nice asset to have the
Community Center redone and brought back to its natural look, this would bring
more people to the Garden Center as well as to the golf course, stated they need
Councils help with getting the Community Center restored
Open session of meeting recessed at 2:27 p.m.
EXECUTIVE SESSION
Deliberate the purchase, exchange, lease or value of real property pursuant
to Government Code Section 551.072 as well as consider matters related to
contemplated or pending litigation in accordance with Section 551.071 of the
Government Code, to wit:
328 Bowie Street
WORK SESSION
Tour of the Athletic Complex; Tyrrell Park and Cattail Marsh
There being no action taken in Executive Session, Council adjourned.
Minutes—October 22,2013
Audio available upon request in the City Clerk's Office.
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Tina Broussard, City Clerk k1#44
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Minutes—October 22,2013