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Home My WebLink AboutMIN JUN 03 2014M 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 II Audwin Samuel, Ward III June 3, 2014 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 June 3, 2014, 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 -5 /Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:32 p.m. Pastor "Big" Jim Selles of West End 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 Wright, 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 "Men's Health Month" - June, 2014 - Proclamation read by Mayor Ames; accepted by Norma Sampson with the Julie Rogers "Gift of Life" Program Public Comment: Persons may speak on scheduled agenda items 1 -5 /Consent Agenda. Jake Plaia 890 Fenway Park Beaumont TX Spoke regarding Item #1 on the agenda; council will consider approving an ordinance adopting gaming site regulation and licensing CONSENT AGENDA k Approval of minutes - May 27, 2014 Confirmation of committee appointments - None A) Authorize the acceptance of a refund from Duperon Corporation related to the purchase of a bar screen system installed in the constructed wetlands — Resolution 14 — 120 Minutes —.June 3, 2014 B) Council consider a Resolution authorizing the granting of a Utility Crossing Agreement with Sunoco Pipeline L. P. — Resolution 14 - 121 Councilmember Smith moved to approve the Consent Agenda. Councilmember Samuel 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 approving an ordinance adopting gaming site regulations and licensing - Deferred 2. Consider approving a resolution authorizing the purchase of High Density Polyethylene Pipe from Rural Pipe & Supply, Inc., of Jasper. Bids were requested for the purchase of 40,000 feet of 8 inch HDPE pipe, for use by the Water Utilities Department for inventory replenishment in the Sewer Rehabilitation Program. Nine (9) vendors were notified, seven (7) bids were received. A low bid of $216,800 was received from Rural Pipe & Supply, Inc. Sales Tax Impact Analysis resulted in a net bid of $218,930 for the lowest local vendor, which is not sufficient to overcome the bid from Rural Pipe & Supply, Inc. COuncilmember Getz moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY RURAL PIPE & SUPPLY, INC., OF JASPER, TEXAS, FOR THE PURCHASE OF 40,000 FEET OF 8 INCH HIGH DENSITY POLYETHYLENE PIPE (HDPE) FOR USE BY THE WATER UTILITIES DEPARTMENT FOR INVENTORY REPLENISHMENT IN THE SEWER REHABILITATION PROGRAM FOR A TOTAL AMOUNT OF $216,800.00 BE ACCEPTED BY THE CITY OF BEAUMONT. Mayor Pro Tem Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 14 - 122 3. Consider approving a resolution authorizing a change order to the contract: with Brystar Contracting, Inc., for the Seventh Street Paving and Drainage Improvement Project. On April 30, 2013 by Resolution No. 13 -095, City Council awarded Brystar Contracting, Inc. a contract in the amount of $6,075,569.65 for the Seventh Street Paving and Drainage Improvement Project. This project consists of reconstructing the existing dilapidated asphalt pavement, upgrading its storm sewer system and replacing water and sanitary Minutes — June 3 2014 ll sewer mains including its appurtenances. Change Order No. 1 in the amount of $555,226.75 was approved on January 7, 2014. The change order was required to modify the structure of the pavement to resolve utility conflicts. The proposed Change Order No. 2 is in the amount of $155,887.00 and includes additional costs related to driveway tie -ins and a restraining embankment to meet ADA requirements. Sixty calendar days would be added to the contract. Funds are available in the Beaumont Municipal Airport Oil and Gas RevenLie. Councilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 2 FOR ADDITIONAL WORK THEREBY INCREASING THE CONTRACT AMOUNT BY $155,887.00 FOR A REVISED TOTAL CONTRACT AMOUNT OF $6,786,683.40. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 14 - 123 Consider approving a resolution authorizing the purchase of an automated license plate reader from Elsag North American, Inc., of Houston for use by the Police Department. The ALPR will be used for enhancing operational and situational awareness and for investigatory information. ALPR has the ability to read license plates on passing vehicles and to alert dispatchers and patrol units. ALPR allows processing of thousands of vehicles traveling a roadway without depending on an officer to read and check each plate. The system will tie into the Houston High Intensity Drug Trafficking Area task force system in addition to State and federal information centers. Pricing was obtained through the Texas Multiple Awards Schedule (TXMAS) contract which complies with State of Texas procurement statutes. Funding is available in the 2012 Port Security Grant. A 25% required match by the City in the amount of $32,049.38 is available in the Capital Reserve Fund. Councilmember Getz moved to APPROVE: A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE THE PURCHASE OF AN AUTOMATED LICENSE PLATE READER (ALPR) FROM ELSAG NORTH AMERICAN, INC., OF HOUSTON, TEXAS, IN THE AMOUNT OF $128,197.50 THROUGH THE TEXAS MULTIPLE AWARD SCHEDULE (TXMAS CONTRACT FOR USE BY THE POLICE DEPARTMENT. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH Minutes — Jure 3 2014 NAYS: NONE MOTION PASSED Resolution 14 - 124 5. Consider approving a resolution authorizing the purchase of two backhoes with pavement breakers from Mustang Cat, Inc. of Houston for use by the Water Utilities Department - Deferred 6. Consider approving a resolution adopting the Chapter 380 Economic Development Program Policies and Procedures for the City of Beaumont. Chapter 380 of the Local Government Code provides for the establishment and administration of an economic development program in order to offer incentives for economic development activities that help to diversify a city's economy, help to eliminate unemployment and underemployment and develop an expansion of commerce. In order to offer Chapter 380 incentives, cities are required to adopt clear policies and procedures to ensure a clear understanding of what is to be provided by the developer in exchange for incentives from the City. Included are the proposed Beaumont Chapter 380 Policies and Procedures and application. This policy clearly identifies the purpose, program requirements, application process and terms, including a recapture provision for failure of the developer to meet the agreed upon terms. As outlined in the policy, all proposed Chapter 380 applications and related contract agreements are submitted to the City Council for consideration. Councilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY ADOPTS THE CITY OF BEAUMONT'S CHAPTER 380 ECONOMIC DEVELOPMENT PROGRAM POLICIES AND PROCEDURES. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 14 — 125 COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - CONGRATULATED ALL HIGH SCHOOL GRADUATES, ANNOUNCED THE JAZZ FEST THIS WEEKEND AND THE CALDER TWILIGHT 5K ON THE 13TH ENCOURAGED EVERYONE TO REGISTER, COMMENTED ON THE KIDS- A- PALOOZA, SHOWED THE SHIRT THAT WAS GIVEN TO THE PARTICIPANTS, WITH THE SPONSORS LISTED, CITY OF BEAUMONT WAS THE FIRST TO BE LISTED, ALSO THANKED THE BEAUMONT POLICE DEPARTMENT FOR ALL OF THEIR HARD WORK, ANNOUNCED Minutes — June 3 2014 THE WINNERS IN THE 5 TO 9 YEAR OLD BRACKET, ZETHEN PIERCE AND DYLAN AND DEVON CABRERRA, IN THE 10 TO 14 YEAR OLD BRACKET, 1 ST PLACE WAS ZACK. SHERMAN 2ND PLACE WAS ALEX ZADER, 3RD PLACE WAS CORINA SHERMAN, THE 15 TO 18 YEAR OLDS 1 ST PLACE BRIAN CHINN, 2ND PLACE LEO JORDAN AND 3RD PLACE ELIJAH JORDAN COUNCILMEMBER GETZ - COMMENTED ON A PROBLEM THAT WAS BROUGHT TO HIS ATTENTION BY THE AMELIA NEIGHBORHOOD ASSOCIATION, THE ASSOCIATION HAS COME UP WITH A SOLUTION THAT WOULD REQUIRE TXDOT TO GET INVOLVED, COUNCILMEMBER GETZ STATED THAT AS A CITIZEN APPROACHES COLLEGE ST. ON MAJOR DR. HEADED SOUTH THERE IS A VERY SHARP TURNING LANE TO TURN LEFT THAT DOESN'T BEGIN UNTIL AFTER YOU CROSS THE TRAIN TRACKS, HE STATED THAT THE PROBLEM COULD BE ELIMINATED IF THE ASPHALT AREA COULD BE ELIMINATED AND EXTEND THE LEFT TURNING LANE ON THE NORTH SIDE OF THE TRAIN TRACK AND HAVE A BEARER THERE, ASKED THAT THE CITY TRAFFIC DEPARTMENT TAKE A LOOK AT THIS AND SEE IF SOMETHING COULD BE DONE, IT DOES CAUSE A GRID LOCK IN THE MORNING AND IN THE EVENING MAYOR PRO TEM WRIGHT - CONGRATULATED ALL OF THE GRADUATES COUNCILMEMBER PATE - COMPLIMENTED SGT. CUSTARD ON ALL THAT HE HAS DONE TO GATHER INFORMATION IN REGARDS TO THE GAMING SITES, ALSO COMPLIMENTED THE POLICE DEPARTMENT ON CLOSING THE CASES THAT THEY HANDLE ON A DAY -TO -DAY BASIS, REALLY APPRECIATES THE WHOLE DEPARTMENT COUNCILMEMBER SAMUEL - ASKED WHAT THE CITY WOULD BE ABLE TO DO IF SOMEONE HAS MOVED ONTO A VACANT LOT AND HAS PITCHED A TENT, AS WELL AS STEALING WATER FROM THE NEIGHBORS, ALSO ASKED PATRICK DONART, PUBLIC WORKS DIRECTOR WHAT'S THE STATUS OF CONCORD RD., HAS RECEIVED SEVERAL PHONE CALLS STATING THAT THERE IS NO WORK IN PROGRESS AT THIS TIME COUNCILMEMBER SMITH - GAVE CONDOLENCES TO THE FAMILY OF BILL SAM'S ON THE LOSS OF HIS SISTER, ASKED PATRICK DONART, PUBLIC WORKS DIRECTOR FOR AN UPDATE TO WASHINGTON BLVD. AND AVENUE A CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - NONE Minutes — Jure 3 2014 Public Comments (Persons are limited to three minutes) Ruby Franklin 5335 Bigner Rd. Beaumont TX Stated for the last three years she has had problems with the residence at 5355 Bigner, asked what type of home is it supposed to be other than residential, there are all types of abnormalities going on in the home, also wants to know about the loud music they are playing and what can be done, she called the police on three occasions on Sunday morning in regards to the music, the police officer that came out stated if they can't hear the loud music there's nothing they can do nor can they stop, there are dogs that are also in the home, stated that she called again on the same morning, another police officer arrived who was very rude to her, she failed to get his badge or name, wanted to know if the City of Beaumont has any law in regards to owners insuring their dogs, also the lawn is un -kept, she has complained about that as well, they finally half cut the yard on Monday, June 2, 2014 There being no Executive Session, Council adjourned at 3:02 p.m. on request in the City Clerk's Office. Tina Broussard, City Clerk X. Minutes — June 3. 2014