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HomeMy WebLinkAboutMIN MAR 03 1998 M I N U T E S - CITY OF BEAUMONT Lulu L.Smith DAVID W. MOORE, MAYOR Becky Ames, Mayor Pro Tem Guy N.Goodson CITY COUNCIL MEETING Andrew P.Cokinos John K.Davis MARCH 3,1998 Bobbie J. Patterson Lane Nichols,City Attorney Ray A. Riley,City Manager Patrice Fogarty,City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on March 3, 1998, 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 *Consent Agenda Mayor Moore called the meeting to order at 1:35 p.m. The Reverend Alan Abraham, First Christian Church, gave the invocation. Mayor Moore led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson. Also present were Ray A Riley, City Manager; Lane Nichols, City Attorney; Patrice Fogarty, City Clerk; and Barbara Liming, Deputy City Clerk. *Presentations and Recognition: One Proclamation was issued recognizing Beaumont Main Street Executive Director, Carolyn Howard," for her outstanding efforts in promotion of downtown Beaumont and for recently receiving the first Anice Reed Award for Excellence from the Texas Historical Commission and for being recognized by Mike Smith Oldsmobile and the Chamber of Commerce for her many achievementx and presenting her with the Athena Award. *Public Comment: Citizens were invited to comment on the Consent and Main Agenda Items 1 and 3 through 7. Mr. Allen Lee, 5095 Maddox, addressed Council regarding Agenda Item 1 to inform them that the Charter Committee committed violations because their meetings were not open to the public and held without a 72 hour advance notice. Mr. Lee said he contacted the offices of the Attorney General and the District Attorney and there may be reason to request an Attorney General's opinion regarding this committee. Mr. Lee told Council he was not making citizen comment, but informing Council of a possible violation. Mr. Lee was advised that he would follow the general rules for addressing Council and be allowed a total of three minutes. Mr. Lee continued to claim violations of the Open Meeting Act and to ask for public hearings to include citizen input regarding any Charter changes and spoke of criminal and civil lawsuits. At the conclusion of three minutes, Mr. Lee was asked to cease speaking and to be seated. Mayor Moore asked the City Attorney to give a legal explanation of the Charter Committee when Agenda Item I is considered by Council. CONSENT AGENDA The following consent agenda items were considered: Approval of the minutes of the regular meeting held February 24, 1998; Confirmation of committee appointments - No appointments made A) Approve the purchase of software licenses and upgrades to be used in the Water Production Division/Water Utilities (Warren Electric in the amount of $21,793) - Resolution No. 98-50 B) Approve a lease renewal agreement with the Beaumont Art League (4/l/1998-3/31/2003, property on Fair Grounds for $1) - Resolution No. 98-51 C) Authorize the settlement of weed lien charges (Lots 27 and 28, Block 11, Lamar Subdivision, 1157 Iowa, $2,330.04, Joseph Endari, owner) - Resolution No. 98-52 D) Authorize a contract to provide EMS services to Emergency Services District #1 (Bevil Oaks, $4,228.88 for one year) - Resolution No. 98-53 E) Authorize the settlement of lawsuits - Resolution No. 98-54 (Christopher Mark Porter, Jr. individually and as parent to Christopher Mark Porter, II, deceased, $325,000) Resolution No. 98-55 (Brenda Roy, $15,000) Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis and Patterson Noes: None GENERAL BUSINESS Minutes;3A W;Page 2 1. Consider adopting an ordinance calling the General Municipal Election to be held May 2, 1998, to elect a Mayor and two Councilmembers-At-Large and calling a Special election on the same date for the purpose of submitting to the voters proposed amendments to the existing charter of the city and authorizing the sale of certain park properties Ordinance No. 98-15 ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT,TEXAS, PROVIDING FOR A GENERAL ELECTION TO BE HELD ON THE 2ND OF MAY, 1998,FOR THE PURPOSE OF ELECTING A MAYOR AND TWO COUNCILMEMBERS AT LARGE; PROVIDING FOR THE HOLDING OF A SPECIAL ELECTION ON THE SAME DATE FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY CERTAIN PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF THE CITY AND AUTHORIZING THE SALE OF CERTAIN PARK PROPERTIES;STATING THE SUBJECT MATTER OF THE PROPOSED AMENDMENTS TO THE CITY CHARTER TO BE VOTED UPON AT SAID ELECTION; DESIGNATING POLLING PLACES AND APPOINTING ELECTION OFFICIALS FOR SUCH ELECTION; ORDERING A RUNOFF ELECTION IF NECESSARY;PROVIDING FOR A JOINT ELECTION ON MAY 2, 1998, WITH THE BEAUMONT INDEPENDENT SCHOOL DISTRICT; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT was introduced. City Attorney Lane Nichols in response to Mr. Lee's allegation, said Council took no official action in preparation for a potential Charter change, but each informally appointed representatives to a Charter Change Ad Hoc Committee. He said this was not a governmental body, but a group of citizens that came together to look at the Charter and determine if any portions might need updating or clarification. Those meetings were not required to be posted or to be open, however, no one was excluded. Mr. Nichols said that in addition to calling the election and providing for sale of park property, one additional Charter change of increasing Council terms to three years has been added for consideration. Council asked further questions for clarification of an ad hoc committee and those serving on various boards and commission for the City. Councilmember Davis confirmed with the City Attorney that there were no meeting violations committed with the Charter Change Committee and reviewed the invitation made at the last Council meeting, when this item was deferred, for citizens to come forward to voice their opinions regarding changes they would like considered. For the record, Councilmember Davis said no citizens from Ward III have approached him about any charter changes. He said the parks proposition is a critical element of the charter change for the Charlton Pollard neighborhood revitalization and convenience of citizens. He said the only charter change suggested by Council was three-year terms, even though he feels a salary increase for councilmembers would be appropriate. Councilmember Smith said that last week, Council's consensus was to go forward with three-year terms with all members voted upon at the same time in a thrust to save money and to encourage better voter turnout. Councilmember Davis concurred with those thoughts. Councilmember Patterson added that three-year terms would also allow members sufficient time to initiate and implement projects. She said first-term councilmembers consume much Minutes;3103+96;Page 3 of their first term becoming acquainted with constituents, City staff and the government process, concurred with thoughts about cost savings and better voter turnout and said she does not support staggered terms. Councilmember Cokinos expressed satisfaction with the Charter, said he does not think three-year terms are necessary, spoke of potential unfair changes in at-large races and again voiced objection to any changes. Councilmember Goodson reported that he did solicit comments about the changes and received no concern from anyone about the issues. He said most of the changes are administrative in nature, and the only comment received was about holding all elections simultaneously if three-year terms was approved. He said no one objected to two-year terms because we have two-year terms for state representatives, congressmen and other governmental representatives. He further stated that since the Charter Committee did not bring the issue forward and because there is not a strong interest from the community unless all councilmembers are elected at the same time, he would hesitate lending support. Further lengthy Council discussion included importance for full Council support of any term change, lack of acute citizen interest in charter changes, possibility of passing the election order, sale of parks, and charter changes minus consideration for term changes, amending the ordinance presented to include wording that all councilmembers be elected at the same time, limitations for placement on ballot and Justice Department approval. Mayor Moore added his thoughts favoring increased voter participation in elections, consolidating elections and separating term changes from today's vote. Councilmember Goodson moved to approve Ordinance No. 98-15 ordering the May 2, 1998, election, providing propositions for sale of park properties and the six charter changes originally presented last week without inclusion of three-year terms for councilmembers. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis and Patterson Noes: None Councilmember Patterson requested that an amendment be brought back at the March 17th meeting to add a charter change proposition to change council terms from two to three years with all members elected simultaneously. Minutes;3X03/98;Page 4 2. Consider a request for a zone change from RS (Residential Single Family Dwelling) to RM- M (Residential Multiple Family Dwelling Medium Density) for a 12 acre tract fronting on Concord Road Councilmember Davis moved to adopt Ordinance No. 98-16 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 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 PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING-MEDIUM DENSITY) DISTRICT FOR PROPERTY LOCATED ON CONCORD ROAD WEST OF COMSTOCK ROAD, BEAUMONT, JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Patterson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, and Davis, Noes: None 3. Consider authorizing the publication of the notice of intention to issue $15 million in Certificates of Obligation Councilmember Smith moved to approve Resolution No. 98-56 authorizing publication of intention to issue $15 million in Certificates of Obligation scheduled for March 24, 1998, with delivery and receipt of the proceeds by the City on April 28, 1998. Mayor Pro Tem Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 4. Consider granting a new solid waste collection and transportation service (Gulf Coast Recycling Co.) Councilmember Smith moved to approve the third and final reading of Ordinance No. 98-17 ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Mayor Pro Tem Ames seconded the motion. MOTION PASSED. Minutes;3J03198;Page 5 Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 5. Consider approving a contract for the purchase of personal computers Councilmember Cokinos moved to approve Resolution No. 98-57 authorizing purchase of approximately 48 Pentium II, IBM compatible computers from CompUSA in the estimated expenditure amount of $101,760.00. Mayor Pro Tem Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 6. Consider an extension an amendment to the contract with Statewide Consolidated Community Development Corporation, Inc. related to the City's HOME Grant Councilmember Davis moved to approve Resolution No. 98-58 amending the contract with Statewide Consolidated for additional funding in the amount of $23,000 and extending the contract through December 31, 1998. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 7. Consider authorizing the acceptance of fourteen lots from the Beaumont Independent School District and approve a lease agreement for the use of six of the lots Councilmember Cokinos moved to approve Resolution No. 98-59 accepting Lots 1-4 and 9-12 in Block 42 and Lots 7-12 in Block 44 of the Calder Addition from Beaumont Independent School District. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None Minutes;34nW;Page 6 Councilmember Cokinos moved to approve Resolution No. 98-60 authorizing a twenty-year lease agreement with Some Other Place for Lots 7-12 in Block 44 of the Calder Addition at the corner of McFaddin and Center Street for an initial payment of$1,000 and $500 per year for twenty years. Mayor Pro Tem Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None OTHER BUSINESS * Review report relating to a contract for professional services for the design of the Neches River Hike and Bike Trail The City Manager recalled for Council that last year Beaumont applied for and was granted an ISTEA grant from the Texas Department of Transportation in the amount of$2.4 million to use for construction of the Neches River Hike and Bike Trail and said it is now time to select a consulting engineer and asked Public Works Director Tom Warner to review the process to date. Public Works Director Tom Warner outlined the bidding process that began in October, 1997, with requests for proposals and bids accepted in November for engineering services for the project as shown in Exhibit "A." Mr. Warner said that after review of the bids submitted, Carroll & Blackman, Inc., Traffic Engineering & Design Systems, Inc. and Mark Whitely & Associates, Inc. are being recommended to Council for consideration by a committee consisting of J. P. Colbert, Hassan Shomalzadeh, Luke Jackson, Steve Richardson and himself. He stated that all three firms are qualified and capable of providing the engineering services. Mr. Warner further reviewed criteria used by the committee and said that each firm interviewed had a unique perspective of their particular vision of the project and asked Council to give a determination of which firm to pursue. Councilmember Davis affirmed that all firms recommended are qualified and questioned if they have experience in hike and bike trail design. Mr. Warner told him that all firms may not have designed hike and bike trails, but have sub consultants that have. Councilmember Davis said he advocates selecting Traffic Engineering & Design because it is a totally minority firm, because Mr. Andy Chica was instrumental in Beaumont securing the grant and because the opportunity is afforded to bring about a change in the engineering contracts with the City of Beaumont by employing a full minority firm. Also, Councilmember Davis had information distributed to Council, spoke of expertise requirements, and spoke of Mr. Chica not only being a minority, but having a unique connection with TxDot that he feels is important because funding is coming from TxDot. Minutes;3A03M;Page 7 Councilmember Smith asked Mr. Warner if there would be a problem with Traffic Engineering not having an engineer in the Beaumont office. Mr. Warner said they have engineers in Houston, did not see significant problems, but said there could be time delays in having someone look at the project. Councilmember Goodson acknowledged being acquainted with all the firms, said we are fortunate to have so many qualified firms bidding the project, confirmed that the design phase firms usually leads to construction management of the project, referred to those selected for referral and said this is the first time during his eight year tenure on Council for this particular technique to be used for the selection process. Councilmember Goodson questioned if this was to be considered a report and was advised by the City Manager that staff would like a designation of the engineering firm for this project today from Council, and then the contract for approval would be brought back at another meeting. Councilmember Goodson referred again to the "vision" of each firm regarding the trail and the legalese regarding requests for proposals and said that since all firms are qualified, extra considerations have to be brought forward. Councilmember Goodson stated that he would like to know exactly what is the unique vision of each of these companies. Councilmember Cokinos asked if Council would have input on such items as flooding, lighting, restrooms and security concerns on the trail. Councilmember Patterson supported awarding the contract to Traffic Engineering & Design, said this is a unique opportunity to practice past claims of wanting to support MBE's and employ a qualified minority firm--a time to "put up or shut up." Councilmember Davis added that it might be good to discuss TxDot's position on the engineering firm, said that Mr. Walter Crook indicated that Traffic Engineering & Design would be a good firm to select, said he is happy they are a qualified, minority firm and that they have experience with hike and bike trails in Houston and McAllen. Also, he stated that this group is not Black, yet is a minority firm, said there has been a perception that some companies have inroads into projects that others do not and we need to dispel that belief, said none of the principles of this firm are his clients and again encouraged checking with TxDot and gathering all facts about this company. Councilmember Smith told staff that she would like a workshop presentation by all three of the staff recommended firms before making a decision to see what their unique vision might be. Mayor Pro Tem Ames concurred with Councilmember Smith's request, and said it is difficult to choose when all three are recommended to be qualified. Minutes;3/03198;Page 8 COMMENTS * Councilmembers comment on various matters: Councilmember Smith lauded Carolyn Howard for doing a yeoman's job toward the development of the downtown area, said she is a real jewel and is happy she was honored today with a proclamation, and said she is also happy that we were able to participate with Paula O'Neil and the project with Some Other Place today. Councilmember Goodson thanked the City Attorney for providing information on the status of two funds, mentioned that because of certain fund balances, there was previous conversation at last fall's budget hearings that a tax rate increase may have to be considered in 1998, and encouraged workshoping a potential tax increase and making information public as soon as possible. Councilmember Goodson mentioned receiving correspondence voicing strong opinions on both sides regarding the Oakmont Development Corporation, an item on today's executive session agenda, and said that he hopes this matter will come out for a vote in a general session after Council discussion in executive session because of the level of comment received. Mayor Pro Tem Ames added congratulations to Some Other Place and Paula O'Neil for the project they will be starting and to Carolyn Howard for the tireless hours she spends on Beaumont Main Street and the development of our downtown area. Also, Mayor Pro Tem Ames announced the possibility of Beaumont being selected as a development site for a soccer program by a person from Pensacola, Florida. She encouraged those involved in soccer to contact local association for information, and said this would be of great economic value to the community for hotels, restaurants and would generate about twenty-two full-time jobs, as well as several part-time jobs. Councilmember Davis congratulated Paula O'Neil, said not many organizations do more for the city than Some Other Place, and said it is extremely important to do for those who can't do for themselves. Councilmember Davis said Carolyn Howard is one of the hardest working people trying to revitalize downtown Beaumont. Also, he spoke of a very enriching Kappa Alpha Phi Fraternity Banquet with U. S. Congressman John Conyers (from Detroit, Michigan), said there was a mix-up with a meeting of the Avenues Neighborhood Association, but about ten people showed up, and thanked Mayor Pro Tem Ames for attending. He stated he believes because of Beaumont's development, we need to be sure capital improvement projects are done within the growth areas, so we can address the infrastructure. That does not mean others are not deserving; we have to make sure we're covering the growth areas. At last week's meeting, he meant to say he would be soliciting Council from Community Development as has been done with Charlton Pollard. He said that calls received after the meeting indicated a misunderstanding of his intentions, clarified that he will support community programs, said he thinks the funding mechanism is best coming from HUD dollars, "which specifically address these type issues...capital improvement projects—street-type projects, we need to make sure that money is available Minutes;3b3W;Page 9 to develop some of our growth areas." Councilmember Davis mentioned three items for consideration for the Avenues Neighborhood Association to be: a farmer's market, a park area, and the overall cleanliness of the community. He commended Planning Director Steve Richardson and two other staff members for working with this neighborhood association, announced that at 7:00 p.m. tonight, he and members of the association will be walking throughout the neighborhood garnering support and finding out specific community needs, spoke about Capital Improvements and mentioned that College Street was a Capital Improvement project. Councilmember Patterson added compliments to Carolyn Howard and Paula O'Neil and said they are very awesome and outstanding people that do a lot of community work and deserve recognition. Also, Councilmember Patterson congratulated Zeta Phi Beta Delta Epsilon Sorority for celebrating their 8th annual youth retreat this past weekend, and thanked Dr. Rex Cottle for his assistance in making the retreat such a success. Mayor Moore thanked councilmembers for performing various duties while he was out of town during the past two weeks, told Paula O'Neil and Carolyn Howard that what they do is part of what makes community development work and is community empowerment for the people they serve, and said he is happy Council was able to recognize one and participate on a project with the other. Mayor Moore congratulated all those who worked toward the ribbon-cutting for the YWCA, said this is a great start for downtown Beaumont in bringing 40 units of independent, affordable housing for senior citizens, and said this is a wonderful tool that took seven years for development. During his first week of absence, Mayor Moore said that he, along with the County Judge, several mayors from Southeast Texas, and members of the Southeast Texas Regional Planning Commission had a meeting with the EPA to discuss environmental concerns and issues that might affect our community. He said he was proud to be with that group along with Congressmen Turner and Lampson to make our case to the EPA. He said the time was well spent, they listened and were made aware we are concerned about quality of life. During the second week, Mayor Moore said he was a guest of the U. S. Attorney to hear about a very the very positive Weed & Seed Program that is coming to our community. He again thanked everyone for assistance during the past two weeks, but said he was very busy working and is very happy with the results. *Public Comment (Persons are limited to 3 minutes) Mr. Allen Lee, 5095 Maddox, addressed Council to complain that citizens did not have opportunity to participate in proposed charter changes, spoke of past disputes with the City Attorney, and Councilmembers Patterson and Goodson, said Council is not abiding by the travel policy of Resolution No. 89-190, said he is considering lawsuits against certain councilmembers, said councilmembers are in violation of per diem allotments, double billing the City, no receipts for travel and said he is submitting information to the District Attorney's office. Mr. Lee disputed Councilmember Davis' salary being $4,800 per year, claimed that Minutes;3103198;Page 10 he earned almost $17,000 per and quoted salaries for Mayor Pro Tem Ames and Mayor Moore and travel expenses for Councilmember Patterson for this year. Mr. Tony Sacker, 4635 Elmherst, said he does not object to the committee chosen to consider charter changes, but said the public did not have opportunity for input. Mr. Sacker read from the preface of the current charter that says, "Finally, acknowledgment is made of the many citizens who appeared before the Committee..." Also, Mr. Sacker suggested that all councilmembers run at-large. Mr. Austin Dishman, 8515 Evangeline, president of Oakmont Development Corporation and developer of Oakmont Addition, addressed Council to state that his company would be discussed in executive session today and this action will benefit another developer at his expense. Mr. Dishman said there is no reason to devote city power or resources to this item, said it is unfair to show preferential treatment and this property in question is not part of the City's Master Street Plan. He said this is a private enterprise matter. Ms. Caroline Pickell, 3795 LeBleu Street, distributed information to Council, spoke in support of Carolyn Howard's work, volunteered to help in beautification programs, spoke of painting murals on old buildings and as an artist volunteered to help with such a project, suggested decorating the halls of City Hall and the Civic Center with works of local artists, and suggested a daily program on TV about the Port of Beaumont. Mr. Benny Mendoza, president of the Avenues Neighborhood Association, said he did not call a meeting for Monday, March 3, but said there will be one on Wednesday evening. Mr. Mendoza was told to meet with Councilmember Davis about dates for the association meetings. Ms. Freida Freeman (no address given) addressed Council to request a traffic signal at the intersection of Smart and 11th Street because of the danger to children. Ms. Dorothy Evans, 1120 N. 14th Street, Apartment 4, addressed Council to thank them and citizens for supporting the awarding of funds to continue the restitution centers and boot camps and said funding was unanimously approved last Friday. Ms. Pablo Ydrogo, 1590 Gilbert, congratulated Councilmember Davis for his work in Ward III, complained about leadership of the neighborhood association and was instructed to speak with Councilmember Davis and other neighborhood association leadership, and complained about the number of stray dogs in her neighborhood. Ms. Paula O'Neil, 840 Jasmine, expressed appreciation for Council deciding to lease property to Some Other Place for their expansion, thanked Lane Nichols and his staff for being so helpful and cooperative, said she will keep Council informed with reports of their progress and said she looks forward to visits from Council. Minutes;3103196;Page 11 Ms. Sharon Braquet, Bra-K Wrecker Service, addressed Council to complain about wrecker permit fees, asked for a price increase on the towing and wrecker fees set in 1988, spoke of submitting a petition and requested that Council put the item on an agenda, asked that Council return telephone calls, and claimed the Police Department is not abiding by the rules set out in the present ordinance. Mayor Moore explained that until staff brings an analysis to Council, there is nothing to be put on the agenda. He said that Council is active in policy making and acts on information submitted by staff. Mr. Riley said the wrecker ordinance is under review. Mayor Moore told Ms. Braquet to submit her complaints in writing to the City Attorney. Ms. Cindy Lumpkin, Lumpkin Wrecker Service, said she has already given Council copies of preference wreck sheets and the page of the ordinance they feel the Police Department is violating. Ms. Lumpkin said the ordinance is out of date, not enforceable, and not workable, and she has been advocating an updated ordinance since January, 1997. Mayor Moore told Ms. Lumpkin that Council appreciates the concerns expressed and will try to respond within thirty days. Mr. Lynn DeMary, 430 East Elgie, told Council that the meeting Wednesday evening is for the by-laws committee and not open for the Planning Department to make a presentation, thanked Council for the traveling exhibit of the new Alice Keith swimming pool, said the exhibit was very well received by the South Park Neighborhood Association, asked Council to replace or remove the dead pampas grass at the intersection of MLK and Evalon, said the property owner of 505 East Elgie has cleaned most of the lot, and at the request of his aunt, voiced support of the Concord Road widening project, and thanked Council for the street lighting program. Mayor Moore said that normally he would not dignify Mr. Lee's comments, but said he has reviewed tapes of the past two meetings and does not appreciate the manner in which councilmembers have been addressed or accused, and today, his name was referenced. Mayor Moore said that comments about payments and double billing are incorrect, and that it is proper to receive travel advances, total receipts submitted and then receive reimbursement. He said the statements made today are incorrect and no one is worried about going to the District Attorney's office and improprieties. Mayor Moore said these statements are made to place distrust in the minds of citizens of our community. EXECUTIVE SESSION Minutes;31)3/96;Page 12 *Executive Session in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: Robert Glenn Perritt v. Stenson E. Terry, Jr. et al City of Beaumont v. Oakmont Development Corporation Audwin Jacobs v. Port Neches Police Department et al Linda Frederick v. City of Beaumont Claim of Southwestern Bell There being no further business, the meeting recessed at 3:20 p.m. to reconvene in executive session. C�'�c I � I h:�:'. Mayor David W. Moore -�Q-i-'x-t,-/(-"'-��a/ Patrice Fogarty, C' y Clerk Minutes;3+03198;Page 13 INTER-OFFICE MEMORANDUM CITY OF BEAUMONT, TX TO: Mayor and Councilmembers FROM: Ray A. Riley, City Manager DATE: February 27, 1998 Attached are two memorandums from Tom Warner, Public Works Director, concerning the selection of engineering consultants. The first memorandum is related to the selection process in general and contains information which pertains to the selection of a consulting engineer for all types of public works projects which include the design and construction of streets, storm sewer, water and sanitary improvements. The memorandum outlines statutory requirements, a basis for selection, and issues related to location and MBE participation. The purpose of the memorandum is to provide a background of the manner in which qualifications of engineers are reviewed in the selection process. The other memorandum concerns the selection of an engineering consultant for the Neches River Hike and Bike Trail project. The memorandum explains the process to this date of the review of written proposals received on November 20, 1998 from seven firms to provide engineering services for the project. Of the seven firms submitting proposals, four were selected for oral interviews to discuss their proposal in greater detail. As a result of the interviews, three were included on the short list for final consideration. We are asking the Council for a determination of a consulting engineer with whom a contract may be negotiated for the design of the Hike and Bike Trail project. The firms recommended for consideration for appointment are: Carroll &Blackman, Inc. Traffic Engineering& Design Systems, Inc. Mark Whiteley& Associates, Inc. We will review the matter with the Council at the regular meeting on March 3, 1998. EXHIBIT "A" CITY OF BEAUMONT ...... PUBLIC WORKS Lei INTEROFFICE MEMORANDUM February 18, 1998 TO: Ray Riley, City Manager FROM: Tom Warner, Director of Public Works SUBJECT: SELECTION OF ENGINEERING CONSULTANTS COMMENTS The Public Works Department selects engineering consultants in accordance with State law, within the guidelines established by the American Public Works Association(APWA) and the Texas Society of Professional Engineers (TSPE), and the policies of the City of Beaumont. Criteria used in the selection of a consulting engineer includes skill, reputation, rapport, past performance, technical competence, and commitment to the owner's interest. The following information outlines the statutory requirements, the basis for selection, the selection process and local issues considered by Public Works when selecting an engineering consultant. Statutory Requirements The Texas Professional Services Procurement Act requires a two-step process to be utilized in the selection of an engineer. These steps are: • the initial selection shall be based on the demonstrated competence and qualifications of the person, including any firm who is to provide the services,"and • "after the entity makes its selection . . . . it shall proceed to negotiate a contract at a fair and reasonable price." The State Board of Registration for Professional Engineers has strengthened the requirements of the Engineering Practice Act, requiring that the procurement of engineering services be based on this two-step qualifications-based selection procedure. Page 1 of 4 TO: Ray Riley FROM: Tom Warner RE: Selection of Engineering Consultants February 18, 1998 Qualification-Based Selection (QBS) is a procedure designed to facilitate the selection of a consulting engineer. Under this procedure, the consulting engineer is selected based on the qualifications and competence of the firm in relation to the scope of the specific project for which professional assistance is required. Since consulting engineering firms may differ considerably in training, experience, capabilities, personnel, workload, and particular abilities, this selection procedure is one of the most important steps taken in the development of an engineering project. Basis for Selection As a basis for evaluating the qualifications of a consulting engineer, the following items are considered by Public Works: • The firm's past experience in performing similar assignments for other owners, and the overall reputation of the firm, • Depth of experience of the consulting engineer's staff in the particular field of engineering involved, • Ability to assign qualified engineering staff who will be in responsible charge of the project and will be able to complete the work within the time scheduled required by the owner, • Location of staff with respect to the general geographic area of the project. • Principals and other responsible members must be Registered Professional Engineers in the State of Texas, • Sufficient finances available to accomplish the assignment and provide continuing service, • The consulting engineer has, on past projects, demonstrated innovative concepts. Selection Process There are several important objectives in developing an effective consultant selection process. These objectives include, but are not limited to: • Participation by a sufficient number of qualified engineers to ensure the City's ability to secure a truly qualified firm, • Fair competition between available firms, • Involvement of stakeholders whose satisfaction with the selection process and the eventual accomplishment of the consultants work is vital to final success, Page 2 of 4 TO: Ray Riley FROM: Tom Warner RE: Selection of Engineering Consultants February 18, 1998 • Formulation and administration of policies and procedures to ensure fair, thorough and objective comparison of City needs and goals with the capabilities, concepts, time frames, and other relevant capabilities offered by each firm under consideration, and • A flexible selection procedure to keep the degree of City and consultant effort in reasonable proportion to the magnitude of work to be done. Many consultant selection processes commence with the issuance of a `Request for Qualifications" or "Request for Proposals." The two requests have different meanings and objectives and the degree of response effort is not the same. As a result, the two are not interchangeable. The Public Works Department uses a Request for Proposals (RFP) in conjunction with specific projects. The RFP contains the scope of services desired, project descriptions, and budget allocations. Also included in the typical RFP is description of the selection process, preparation of the proposal, MBE utilization commitment and clauses dealing with nondiscrimination, insurance requirements and oral representations regarding changes in the RFP. The Selection Process Section of the RFP includes criteria to be used by the City in evaluating the engineer's proposal. The procedures in which a firm(s) will be selected to give a personal presentation, to show samples of previous work, explain their proposal, and answer questions, and an explanation of the negotiation process is also described in this section. A typical flowchart of the overall process is enclosed as Exhibit 1. Local Issues The technical qualification criteria may be supplemented with, but not replaced by, considerations concerning"local"versus"non-local"firms, fair sharing of opportunities to serve minority/disadvantaged enterprises, affirmative action, or other concerns. The local versus non-local and MBE concerns have been identified to staff through various City policies. In the selection of consulting engineers, it has been the policy of the City to obtain services locally, unless the professional services required are highly specialized and not within the capabilities of a local firm. Although"locally"has not been specifically defined, Public Works has interpreted this to mean"within the City limits." The City's Minority Business Enterprise Policy Manual addresses the selection of MBEs for professional services. Section IX.G. of the Manual states: Page 3 of 4 TO: Ray Riley FROM: Tom Warner RE: Selection of Engineering Consultants February 18, 1998 "In the case of a proposal for professional services in which legal or ethical considerations prohibit specific dollar amounts to be provided with proposals, MBE utilization shall be considered in the normal selection and negotiation process for such services. The City shall consider MBE efforts on an individual basis." The following priorities are established in the policy regarding MBE participation: 1. The City of Beaumont will use a qualified minority business for professional services when available, 2. If a minority business cannot be utilized, then a majority business who subcontracts with a minority firm for a percentage of the contract, Additionally, the MBE policy defines local as " . . . based in any of Jefferson, Orange or Hardin Counties in Texas." To be considered based in any location, the MBE must have actual facilities, equipment and personnel in the local area. Summary In retaining a consulting engineering firm, the City is guided by one primary consideration-- the qualifications of the engineering firm for the specific project to be undertaken. However, with qualifications being equal, it is the policy of the City to retain a consulting engineering firm who is local and provides the greatest opportunity for local MBE participation. Tom Warner TW:sk Page 4 of 4 EXHIBIT 1 TYPICAL FLOWCHART US[ Of CONSULTANT SIRVICES i Project to be Designed and Constructed or other Need for technical Work i Decision to Utilize Consultant Services Development of Basic Information Packet and Issuance of an RfQ or RFP i Receipt of Consultant Responses i Review of Responses and Identification of Group for Interview i Issuance of Invitations to Appear for Interview Including further Work Details i formation of Interview Panel i Conduct of the Interviews Evaluation of Qualifications and Determination of Most Qualified firm i Notification of the Selected firm and Negotiation of Contract Including Scope of Services, fees, and Other Details i Approval of the Negotiated Agreement f Issuance of Notice to Proceed, followed by Monitoring and Support of Consultant Project or Study Completion and final Compensation to Consultant CITY OF BEAUMONT I FE16 U11 a!I—, PUBLIC WORKS —R kfflfg� INTEROFFICE MEMORANDUM February 18, 1998 TO: Ray Riley, City Manager FROM: Tom Warner, Director of Public Works SUBJECT: NECHES RIVER HIKE AND BIKE TRAIL -- SELECTION OF ENGINEERING CONSULTANT COMMENTS The City requested written proposals, on October 30, 1997, from qualified firms interested in providing engineering services for the Design of the Neches River Hike and Bike Trail. Request for Proposals (RFP) were sent to nine engineering firms and one architectural firm. The firms had until 2:00 p.m. on November 20, in which to submit a proposal. On November 20, the City received proposals from Carroll &Blackman, Inc. (CBI), Gordy & Huffines Architects, Inc. (GHAI), Howell &Davis Consulting Engineers, Inc. (HDCEI), Schaumburg&Polk, Inc. (SPI), Sigma Engineers, Inc. (SEI), Traffic Engineering&Design Systems,Inc. (TEDSI), and Mark Whiteley &Associates, Inc. (MWAI). Each proposal was reviewed by the selection committee, consisting of Mr. Luke Jackson, Mr. J.P. Colbert, Mr. Steve Richardson, Mr. Hassan Shomalzadeh and Mr. Tom Warner, for responsiveness to the Request for Proposals. The Request for Proposals is enclosed and identified as Exhibit 1. The four firms deemed most highly qualified,based on demonstrated competence and qualifications, were selected to present their proposal to the committee in an oral interview. Firms selected to make a presentation were Carroll & Blackman, Inc., Sigma Engineers, Inc., Traffic Engineering & Design Systems, Inc., and Mark Whiteley & Associates, Inc. The presentations were made to the committee on January 14, 1998. Due to a conflict in schedules, Mr. Lewis Hiltpold, represented Mr. Jackson in the interviews with TEDSI and MWAL Also, Mr. Warner was not present for the TEDSI interview. Before the interviews, the members of the selection committee prepared a list of potential questions on issues they considered important in the design of the project. These questions would be asked of each firm unless the information was provided by the firm during their Page 1 of 3 TO: Ray Riley FROM: Tom Warner RE: Neches River Hike and Bike Trail -- Selection of Engineering Consultant February 18, 1998 presentation. Each firm was allotted one and one-half hours to make their presentation and answer the committee's questions. In addition to the information requested in the RFP, several of the firms provided their approach to the design, tentative work elements, work sequence, the person in responsible charge of project, time schedules, proposed sub-consultants and quality control measures during the interview. Other than the time schedule, the RFP did not require this additional information to be provided. After the interviews were completed, the selection committee met to further discuss each firm's qualifications based on information provided in the RFP, the interview and other relevant information. Relevant information considered by the committee included local issues such as, local versus non-local, Minority Business Enterprise(MBE) requirements, staffing and other project involvement. Although each firm interviewed had a unique perspective of their "vision" of the project, all of them are qualified to perform the engineering services requested in the RFP. A summary of the issues reviewed by the committee, other than qualifications, is provided below: Carroll &Blackman. Inc. A local firm in association with Ferro-Saylors, Inc. of Houston; J. Allen Contractors, Inc. of Beaumont and Horizon Environmental Services Inc. of Austin/Beaumont. Horizon is based in Austin and has a local office in Beaumont. Certification as an MBE has been issued to Ferro-Saylors and J. Allen Contractors by TxDOT and the City, respectively. MBE participation will be achieved in accordance with Priority 2 of the City's MBE policy which requires 20% of work be performed by MBE. Sigma Engineers-Inc- A local MBE firm teaming with Bob Shaw Consulting Engineers Inc. of Port Arthur; Faust Engineering and Surveying Inc. of Beaumont; Newman, Jackson, Biebirstein, Inc. of Dallas; Naismith Engineering, Inc. of Corpus Christi and Poe Engineers, Inc. of Fort Worth. Sigma has received MBE certification from the City and has been certified as a Historically Underutilized Business by Texas General Services Commission. The person designated by Sigma as being in responsible charge of the project (Project Manager)has a full time job with a company not associated with the team. It was the opinion of the committee that this arrangement would not be beneficial to the City and could even be a detriment to the overall success of the project. Traffic Engineering&Design Systems, Inc. A Houston firm with an office in Beaumont in association with Dikita Engineering of Dallas; Arceneaux&Gates Consulting Engineers, Inc. of Port Page 2 of 3 TO: Ray Riley FROM: Tom Warner RE: Neches River Hike and Bile Trail -- Selection of Engineering Consultant February 18, 1998 Arthur, Clark Condon Associates of Houston and Geotest Engineering, Inc. of Houston. The firms of Traffic Engineering & Design Systems, Dikita, Clark Condon and Geotest have received certification as an MBE and designation as a Historically Underutilized Business by the Texas General Services Commission. In addition, Geotest has been certified as an MBE by the City. The Beaumont office of Traffic Engineer & Design Systems is staffed with one non-engineer person. This person, as described in the RFP, will be responsible for public involvement and coordination activities. Engineering services provided by other key staff members will not be performed in the local office. Mark Whiteley&Associates. Inc. A local firm teaming with Omega Engineers of Houston and Sigma Engineers of Beaumont. Certification as an MBE has been issued to Omega by TxDOT and to Sigma by TxDOT and the City. Sigma has also been designated as a Historically Underutilized Business by Texas General Services Commission. MBE participation will be met in accordance of Priority 2 of the City's MBE Policy. The firm currently has an engineering contract with the City (Walden Road). In most instances, a firm that has been certified as a DBE by TxDOT would meet the certification requirements of the City's MBE program. A brief profile of each firm submitting a proposal and their project team information is provided in Exhibit 2. The firms of Carroll&Blackman, Inc., Sigma Engineers, Ine.,Traffic Engineering&Design Systems, Inc., and Mark Whiteley&Associates, Inc., are qualified to perform the engineering services required in the RFP. However, the firm of Sigma Engineers, Inc. was removed from consideration after it was determined that the person in responsible charge of the project was not going to relinquish his full time employment with another company. The selection committee considers the firm of Carroll & Blackman, Inc. as best meeting the criteria and other City requirements outlined in the RFP. It is recommended that City Council authorize the commencement of fee negotiations with one of the three firms to provide engineering services for the Neches River Hike and Bike Trail. cam,, Tom Warner TW:sk Attachments(2) Page 3 of 3 Exhibit 2 Profile of Consulting Engineering Firm and Team Information Firm Minority Agency Issuing Firm /Team Location Group MBE Certification Carroll and Blackman, Inc. Beaumont Horizon Environmental Services, Inc. Austin/ Beaumont Ferro - Saylors, Inc. Houston H/M TxDOT J. Allen Contractors Inc. Beaumont B/M City of Beaumont Sigma Engineers, Inc. Beaumont A-I/M City Of Beaumont Bob Shaw Consulting Engineers, Inc. Port Arthur Faust Engineering & Surveying, Inc. Beaumont _ Newman, Jackson, Bieberstein, Inc. Dallas Naismith Engineering, Inc. Corpus Christi Poe Engineers, Inc. Fort Worth Traffic Engineering & Design Systems I_nc _Houston/Beaumont A/M TxDOT Dikita Engineering Dallas B/M TOOT Arceneaux & Gates Consulting E_n_gineers, Inc. Port Arthur Clark Condon & Associates Houston W/F _ TOOT Geotest Engineering, Inc. Houston A/M City of Beaumont Mark Whiteley & Associates Beaumont Omega Engineers Houston H/M TOOT Sigma Engineers, Inc. Beaumont A-I/M City of Beaumont Gordy 8 Huffines, Architects, Inc Beaumont Fittz & Shipman Inc. Beaumont Galewsky & Johnston Consulting Engineers, Inc. Beaumont Taylor- Spaulding Consulting Engineers, Inc. Beaumont Corri an Cons_ ulting, Inc. Seabrook W/F __ ____TxDOT _Howell & Davis Beaumont Schaumburg & Polk, Inc. Beaumont TSC Engineering Co. _ Houston A-P/M TOOT MHS Planning & Design Tyler Horizon Environmental Services, Inc. Austin/ Beaumont Minority Group : H/M - Hispanic Male A/M -Asian Male B/M - Black Male W/F - White Female A-I/M -Asian - Indian Male A-P/M -Asian - Pacific Male Exhibit 1 REQUEST FOR PROPOSAL I. PURPOSE AND GENERAL ENT'ORMATION The City of Beaumont requires engineering services for the design and construction of improvements to the Neches River Hike and Bike Trail. The project will be funded as part of the Intermodal Surface Transportation Act (ISTEA) Enhancement Program. The project location is adjacent to the Neches River from Riverfront Park to Collier's Ferry Recreation Area and Mature Preserve. The trail will serve a major portion of the community's population and will allow a corridor of travel not currently available in Beaumont. The project is located within the IH-10 viewshed and will provide an opportunity for travelers on IH-10 to stop and view the Neches river and its habitat. The work to be performed includes a 3.23 meter wide and approximately 7.73 kilometer Ion; trail. Loops would run out through the Collier's Ferry Recreation Area and Nature Presere and would be constructed as boardwalks to prevent disturbing the existing wetlands. The amenities for the trail include benches,turnouts,guardrails, lighting and landscaping. The initial requirements for the design are as follows: ► Simplicity of maintenance ► Limited susceptibility to vandalism ► Consistent design with other City-owned facilities ► Compatibility with surrounding land uses ► Minimizes potential for criminal activities II. SCOPE OF SERVICE The Engineer shall provide the City with the types of services listed below. Detailed service requirements are provided in the attached contract document (Attachment"A")which must be executed by the successful proposer. Exceptions to specific conditions stated in the contract document are to be noted in the proposal submitted. 1. Schematic Design ► Review clients' requirements for the project. ► Counsel on general plan and design of the project to suit City's needs. ► Prepare schematic studies illustrating the project's scope and its relationship to the site and adjacent structures and submit these studies for the City's approval. ► Submit a statement of probable construction cost to assist the City in determining the compatibility of the project needs and budget. 2. Design Development ► Prepare from the approved schematic design studies the design development documents consisting of drawings and specifications as required to establish size and character of 1 the project including the structural,and electrical systems, materials and documents for the City's approval. ► Reevaluate and adjust the statement of probable construction cost as appropriate. ► Prepare analysis of facility operating costs. 3. Prepare Construction Documents ► Prepare from the approved design development documents the complete working drawings and specifications describing in detail the work to be done to construct the project. ► Prepare necessary bidding information. ► Reevaluate and adjust the previous statements of probable construction cost as appropriate because of changes in scope or project requirements. 4. Construction Contract Bidding ► Assist the City in securing bids for construction based upon construction documents. ► Assist the City in evaluating bids and furnish the information for preparing and awarding construction contracts. 5. Administration of Construction Contract(s) During Construction ► Provide administration of the construction contract(s). ► Make periodic site visits to assure that the project is being constructed in accordance with the contract documents. ► Based upon site visits and the contractor's applications for payment the engineer will issue certificates recommending payment for work completed on the project. 6. Interpret the construction documents to the contractor(s) as necessary. ► Review shop drawings and samples submitted by the contractor(s) and approve those which comply with the requirements of the construction documents. ► Receive from the contractor(s) and deliver to the City all certificates, equipment operating manuals,bonds,guarantees and related documents. ► Prepare and submit for City approval change orders to amend the contracts(s). ► Determine the dates of substantial and final completion based upon inspections of the completed work. ► When the project is complete, prepare final certificate for payment. III. SELECTION PROCESS After receipt of proposals,the City Vvill use the follov�ing citena in evaluating and selecting the Engineer for the project. 1. Substantiated representations regarding the firm's technical capabilities and professional competence to accomplish the required work. 2. Substantial successful experience in completing similar projects. 2 3. Professional background and experience of key personnel. 4. Substantiated capability to meet schedules and deadlines. 5. Substantiated capability to complete projects without having major cost escalations, change orders or overruns. 6. Demonstrated knowledge and understanding of the work to be performed and completeness and reasonableness of the proposing firm's plan and timetable for accomplishing the tasks. 7. Demonstrated knowledge and understanding of local conditions, geographic location and all pertinent codes and regulations. 8. Degree of interest shown in undertaking the project. Each proposal will be evaluated for responsiveness to the requirements of this RFP. After review and evaluation of the proposals,the City,at its sole discretion,may select two(2)or more firms deemed most highly qualified,based on demonstrated competence and qualifications,to make an oral presentation to show samples of previous work,explain their proposal and answer questions. At the conclusion of presentations, and on the basis of the evaluation factors as stated in the UP and information developed in the selection process,the City shall rank in order of preference the professional qualifications and proposed services that are deemed most meritorious. Negotiations shall then be conducted for a contract to perform professional services beginning with the proponent ranked first. If a contract satisfactory and advantageous to the City can be negotiated at a price fair and reasonable and not higher than the published recommended practices and fees of the various applicable professional associations,the award shall be made to that proponent. Otherwise, negotiations with the proponent ranked first shall be formally terminated and negotiations conducted with the proponent ranked second, and so on until such a contract can be negotiated at a fair and reasonable price. The City reserves the right to accept or reject any or all proposals submitted. IV, PREPARATION OF THE PROPOSAL Proposals should provide a straightforward,concise description of the proponent's capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness,clarity of content, and conveyance of the information requested by the City. Each copy of the proposal should be bound in a single volume where practical. All documentation submitted with the proposal should be bound in that single volume. If the proposal includes any comment over and above the specific information requested in the RFP, it is to be included as a separate appendix to the proposal. Three (3)copies marked"A Proposal for Engineering Sci-ices - Neches River Hike and Bike Trail " shall be submitted for evaluation. V. NONDISCRIMINATION During the performance of any contract awarded pursuant to this RFP,the Engineer will not discriminate against any employee or applicant for employment because of race, religion.color. sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Engineer. The Engineer agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause. VI. INSURANCE REQUIREMENTS The Engineer must agree to hold harmless, indemnify and defend the City and its officers, agents,and employees against any and all claims, injuries, losses or damages, including attorneys' fees, arising out of or resulting from the Engineer's services. The City will require proof of professional liability insurance with errors and omissions coverage, workers'compensation insurance,general liability and automobile insurance with companies authorized to do business in Jefferson County,Texas, and in amounts satisfactory to the City. The Engineer must furnish certificates of all required insurance designating the City as an additional insured and providing that the City must be given thirty(30) days advance written notice prior to non- renewal or cancellation of any such insurance. VII. MINORITY BUSINESS UTILIZATION COMMITMENT Firms must agree to comply with the City's Minority Business Utilization Commitment for professional service contracts. A copy of this commitment must be executed and presented as part of the Request for Proposal. VIII. ORAL REPRESENTATIONS No person has authority to verbally alter these specifications. Any changes to specifications will be made in'W iting and forwarded to each person having a Request for Proposal. 4