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Home My WebLink AboutMIN JAN 24 2006 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith,Ward I GUY N. GOODSON, MAYOR Nancy Beaulieu,Ward II Andrew P. Cokinos, At-Large CITY COUNCIL MEETING Becky Ames, At-Large Audwin Samuel, Mayor Pro Tem,Ward III January 24, 2006 Bobbie J. Patterson,Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Rose Ann Jones, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on January 24, 2006, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 2:00 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 1-11/Consent Agenda * Consent Agenda Mayor Pro Tern Samuel called the council meeting to order at 2:00 p.m. Reverend Freddy Mattox of the House of Refuge Baptist Church gave the invocation. Councilmember Ames led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Pro Tern Samuel, Councilmembers Smith, Beaulieu, Cokinos, Ames and Patterson. Absent: Mayor Goodson. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled agenda items 1-11/Consent Agenda. None CONSENT AGENDA * Approval of minutes - January 17, 2006 * Confirmation of committee appointments - Resolution 06-016 Dr. Ware Petznick will fill the unexpired term of Felix McFarland on the Historic Landmark Commission. The term would commence January 24, 2006 and expire September 10, 2007. (Mayor Guy N. Goodson) Minutes-January 24,2006 A) Approve a resolution authorizing the City Manager to increase the Bunn's Bluff Canal- Levee Improvement Project amount for "extra work" - Resolution 06-017 B) Approve the purchase of Geographical Information System hardware and operating system software and licenses - Resolution 06-018 C) Approve a resolution authorizing the City Manager to increase the 54-inch Interceptor Rehabilitation Project amount for "extra work" - Resolution 06-019 D) Approve a resolution authorizing the settlement of the claim of Norris Bennett-Resolution 06-020 Councilmember Cokinos made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, AMES AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a contract with the Beaumont Community Housing Development Organization relating to the construction of seven homes - Resolution 06-021 Administration recommended Council approve a request to authorize the City Manager to execute a contract with the Beaumont Community Housing Development Organization in the amount of$373,450 for the construction of seven homes from 2005 HOME funds. Funding is available from the 2005 HOME Program. Councilmember Cokinos made a motion to APPROVE RESOLUTION 06-021 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH THE BEAUMONT COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (BCHDO) IN THE AMOUNT OF $373,450 FOR THE CONSTRUCTION OF SEVEN (7) NEW SCATTERED HOMES FROM 2005 HOME CHDO RESERVE FUNDS. Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS,AMES AND PATTERSON NAYS: NONE MOTION PASSED Page 2 of 10 Minutes-January 24,2006 2. Consider approving a contract with the Beaumont Community Housing Development Organization relating to the purchase of four homes - Resolution 06-022 Administration recommended City Council authorize the City Manager to execute a contract with the Beaumont Community Housing Development Organization in the amount of $355,000 for the purchase of four homes that will be retained as lease property for no more than thirty-six months and sold to eligible low/moderate income families. The Beaumont Community Housing Development Organization successfully implemented six homes as lease/purchase properties under prior contracts. Four of these properties have already been conveyed to the lessors, prior to the expiration of the federally mandated time frame. The remaining two properties are still within the first year of their lease/purchase agreement. Funding is available from the 2005 HOME Program. Councilmember Cokinos made a motion to APPROVE RESOLUTION 06-022 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH THE BEAUMONT COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (BCHDO) IN THE AMOUNT OF $355,000 FOR THE PURCHASE OF FOUR PRE-EXISTING SCATTERED-SITE HOMES THAT WILL BE RETAINED AS LEASE PROPERTY FOR NO MORE THAN THIRTY-SIX MONTHS AND SOLD TO ELIGIBLE LOW/MODERATE INCOME FAMILIES. Councilmember Patterson seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS,AMES AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider approving a contract with the Greater Beaumont Chamber of Commerce for economic development purposes - Resolution 06-023 Administration recommended awarding a contract to the Greater Beaumont Chamber of Commerce in the amount of $75,000 for economic development purposes. The funds will be used for marketing Beaumont and business retention/recruitment efforts. Administration is extremely pleased with the relationship between the City and the Chamber. Funds are budgeted and available for this economic development purpose in the FY 2006 General Fund budget. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 06-023 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT WITH THE GREATER BEAUMONT CHAMBER OF COMMERCE IN THE AMOUNT OF $75,000 FOR Page 3 of 10 Minutes-January 24,2006 ECONOMIC DEVELOPMENT PURPOSES FOR THE PERIOD JANUARY 1, 2006 THROUGH DECEMBER 31, 2006. Councilmember Cokinos seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, AMES AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider approving a resolution authorizing the City Manager to accept a grant for the Weiss Bluff Pump Station-Bank Stabilization Project - Resolution 06-024 Administration recommended approval of the grant for the Weiss Bluff Pump Station -Bank Stabilization Project in the approximate amount of $1,500,000.00. This project will stabilize the Neches River bank damaged by Hurricane Rita. The proposed project is sponsored by National Resource Conservation Service(NRCS). The sponsorship is a 75%/25%partnership with the City of Beaumont providing 25% (approximately $375,000.00) of matching funds. The project will allow for the re- stabilization of the Neches River Bank. The Weiss Bluff Pump Station provides redundancy to the City of Beaumont surface water intake at Bunn's Bluff on Four Oaks Ranch Road. Funds for the project are available in the Capital Program. Councilmember Smith made a motion to APPROVE RESOLUTION 06-024 THATTHE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ACCEPT A GRANT IN THE APPROXIMATE AMOUNT OF$1,500,000.00 FOR THE WEISS BLUFF PUMP STATION-BANK STABILIZATION PROJECT. Councilmember Ames seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS,AMES AND PATTERSON NAYS: NONE MOTION PASSED 5. Consider amending Resolution No.05-238 relating to the reallocation of Community Development Block Grant (CDBG) funds - Resolution 06-025 Administration recommended City Council amend Resolution No.05-238 relating to the reallocation of Community Development Block Grant (CDBG) Program Funds. On November 9, 2004, City Council approved an allocation of CDBG Infrastructure line item funds to Habitat for Humanity in the amount of $150,000. Habitat for Humanity is a nonprofit organization that provides affordable homes to low income persons. Page 4 of 10 Minutes-January 24,2006 During the development of the Disaster Relief Emergency Repair Program, staff inadvertently included those funds earmarked to Habitat for Humanity in the Small Business Loan Program. The amendment would return the $150,000 to the Infrastructure line items for program years 2002 ($53,878) and 2003 ($96,122) so they are available for Habitat for Humanity's Pinebrook Place Addition. To maintain the same level of funding in the Small Business Loan Program, it is recommended that$38,000 from the 2005 CDBG Infrastructure line item budget and$112,000 from 2006 CDBG funds be allocated to the Small Business Loan Program. This would bring the total amount of funds in the Small Business Loan Program back to $258,000. CDBG funds, not to exceed $150,000, will be reprogrammed to the original CDBG 2002/03 Infrastructure line item budget for Habitat for Humanity. CDBG funds, not to exceed $38,000 from the 2005 CDBG Infrastructure line item budget and $112,000 from the 2006 CDBG budget will be added to the existing funds ($108,000) in the Small Business Loan Program. Funds from 2002/03 CDBG Infrastructure line item were allocated to the Small Business Loan Program line item budget. Councilmember Cokinos made a motion to APPROVE RESOLUTION 06-025 AMENDING RESOLUTION 05-238 TO CORRECT THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS BY RETURNING $53,878 TO THE 2002 PROGRAM YEAR INFRASTRUCTURE LINE ITEM AND REDUCING THE 2003 PROGRAM YEAR INFRASTRUCTURE LINE ITEM BY 96,122 AND RETURNING THAT AMOUNT TO THE 2003 PROGRAM YEAR INFRASTRUCTURE LINE ITEM. Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, AMES AND PATTERSON NAYS: NONE MOTION PASSED 6. Consider authorizing the City Manager to execute an agreement with Beaumont Habitatfor Humanity for infrastructure improvements in the Pinebrook Place Addition - Resolution 06-026 Administration recommended City Council authorize the City Manger to execute an agreement with Beaumont Habitat for Humanity for infrastructure improvements in the Pinebrook Place Addition. Beaumont Habitat for Humanity is a nonprofit organization whose mission is to eliminate poverty housing needs by building modest affordable homes in partnership with hard working motivated individuals who cannot afford to purchase a home through a conventional or government-backed mortgage. The current goal of Beaumont Habitat for Humanity is to construct a total of 34 homes on Jenard Street in three phases. Construction of the final home in Phase Page 5 of 10 Minutes-January 24,2006 I of the project is complete. In order to proceed with Phase II and Phase III of the project, it is necessary to design and construct the remaining section of Jenard Street, the water and sewer lines and the storm water drainage system. The City of Beaumont committed $150,000 of Community Development Block Grant funds on November 9, 2004 to infrastructure improvements. Competitive bidding for the project is complete and requires an additional $37,000 to secure the contract for construction. Funding is available from the 2005 Consolidated Block Grant Program, Infrastructure line item. Completion of Pinebrook Place will provide homes for 34 families and will yield approximately $10,000 per year in property taxes to the City. Councilmember Cokinos made a motion to APPROVE RESOLUTION 06-026 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT WITH BEAUMONT HABITAT FOR HUMANITY FOR INFRASTRUCTURE IMPROVEMENTS IN THE PINEBROOK PLACE ADDITION. Councilmember Ames seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS,AMES AND PATTERSON NAYS: NONE MOTION PASSED 7. Consider approving a new city ordinance allowing Municipal Court to collect an additional $2.50 fine per Class C misdemeanor offenses that occur on or after February 1, 2006 - Ordinance 06-004 Administration recommended approval of the new city ordinance to collect the additional $2.50 fine per offense. In the 79th Legislative Session of the State of Texas, the Legislature passed HB1575, Section 35, which allows a municipality, by ordinance, to create a juvenile case manager fund and require a defendant convicted of a fine-only misdemeanor offense (Class C) in a municipal court to pay a juvenile case manager fee not to exceed $5.00 as a cost of court. The City currently employs a Juvenile Court Specialist at an annual cost of approximately$46,000 for salary and benefits. Based on history, it is expected that the City will collect approximately $52,000 if this fee is set at $2.50 per offense. These funds may only be used to offset the costs of case managers. Any excess funds received may be used for the same purpose in future years or for additional case managers. Councilmember Ames made a motion to ADOPT ORDINANCE 06-004 ENTITLED AN ORDINANCE ESTABLISHING A MUNICIPAL COURT JUVENILE CASE MANAGER FUND AND PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A $2.50 MUNICIPAL COURT JUVENILE CASE MANAGER FEE; PROVIDING FOR SEVERABILITY;PROVIDING FOR PENALTY AND PROVIDING FOR REPEAL. Councilmember Beaulieu seconded the motion. Page 6 of 10 Minutes-January 24,2006 AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, AMES AND PATTERSON NAYS: NONE MOTION PASSED 8. Considering approving a six(6) month contract to various vendors for the purchase of water treatment chemicals - Resolution 06-027 Administration recommended the award of a six (6) month contract to various vendors for purchasing water treatment chemicals with an estimated total contract expenditure of$137,720. The chemicals included in this bid are liquid chlorine(estimated quantity of 70 tons), sodium hydroxide (estimated quantity of 150 tons) and phosphate (estimated quantity of 15 tons). The chemicals are used to disinfect and purify the City's water supply. Funds are available for this expenditure in the Water Utilities Department's operating budget. COUncilmember Cokinos made a motion to APPROVE RESOLUTION 06-027 THAT THE BID FOR A SIX (6) MONTH CONTRACT FOR THE PURCHASE OF WATER TREATMENT CHEMICALS FOR USE BY THE WATER UTILITIES DEPARTMENT FROM VARIOUS VENDORS WITH AN ESTIMATED TOTAL CONTRACT EXPENDITURE OF$137,720 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS,AMES AND PATTERSON NAYS: NONE MOTION PASSED 9. Consider approving a bid for metal building repairs to Hangar "B" at the Beaumont Municipal Airport - Resolution 06-028 Administration recommended awarding a bid for furnishing all labor, supplies, materials and equipment for repairs to Hangar"B"at the Beaumont Municipal Airport to Cleveco Construction of Lumberton in the total amount of$50,148. Bid notices were provided to twelve(12)vendors,with only Cleveco responding with a bid. The structure was damaged by Hurricane Rita, and needs to be repaired to bring all the hangar doors back into proper operating condition. The scope of work including replacement of damaged hangar doors and of damaged metal components throughout the building. The completion time is estimated to be 90 days, and work will commence in early February. Page 7 of 10 Minutes-January 24,2006 Due to the nature of the damage, it is anticipated that funding for this project will be reimbursed from property insurance proceeds. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 06-028 THAT THE BID SUBMITTED BY CLEVECO CONSTRUCTION OF LUMBERTON, TEXAS FOR METAL BUILDING REPAIRS TO HANGAR "B" AT THE BEAUMONT MUNICIPAL AIRPORT IN THE AMOUNT OF $50,148 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Cokinos seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, AMES AND PATTERSON NAYS: NONE MOTION PASSED 10. Consider approving a resolution adopting the Regional Mitigation Action Plan - Deferred until next meeting 11. Consider approving a resolution to accept the Delaware Street Extension Project, approve Change Order No. 5 and authorize Final Payment to Brystar Contracting Inc. - Resolution 06-029 Administration recommended acceptance of the Project, approval of Change Order No. 5 in the amount of $52,844.06, and authorize Final Payment to Brystar Contracting Inc. in the amount of$238,698.97. On October 28,2003,the City Council awarded Brystar Contracting Inc.the contract for the Delaware Street Extension Project for an amount of $4,244,066.30 which includes$980,421.20 for construction of water and sanitary sewer utilities. Change Order No. 5 in the amount of $52,844.06 is required to adjust the estimated quantities on the project to reflect the actual quantities used during the performance of the project. This Change Order in addition with the previous four change order increase the final water and sanitary sewer amount to $1,424,500.00 and the final contract amount to $4,752,418.36. The MBE participation in the performance of the contract totals $532,217.45, representing 11.20% of the final contract amount. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Project is funded as part of the Capital Program. Councilmember Cokinos made a motion to APPROVE RESOLUTION 06-029 ACCEPTING THE DELAWARE STREET EXTENSION PROJECT, APPROVE CHANGE ORDER NO. 5 AND AUTHORIZE FINAL PAYMENT IN THE AMOUNT OF$238,698.97 TO BRYSTAR CONTRACTING INC. Councilmember Ames seconded the motion. Page 8 of 10 Minutes-January 24,2006 AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS,AMES AND PATTERSON NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER PATTERSON - ANNOUNCED THAT THERE WILL BE NO SOUTH PARK NEIGHBORHOOD MEETINGS UNTIL FURTHER NOTICE COUNCILMEMBER AMES - NONE COUNCILMEMBER COKINOS - NONE COUNCILMEMBER BEAULIEU - NONE COUNCILMEMBER SMITH - NONE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR PRO TEM SAMUEL- COMMENDED HABITAT FOR HUMANITY FOR ALL THE WORK THEY HAVE BEEN DOING FOR BUILDING AFFORDABLE HOMES; ALSO EXTREMELY PLEASED WITH AN ADDED EXTRA PROGRAM TO REBUILD SOME OF THE HOMES DAMAGED BY HURRICANE RITA; ACKNOWLEDGED THAT COUNCIL SINCERELY APPRECIATES ALL THE EFFORTS OF HABITAT FOR HUMANITY FOR ALL THEY ARE DOING TO HELP MAKE DREAMS COME TRUE FOR THESE INDIVIDUALS Public Comments (Persons are limited to three minutes) Larry J. Gouthia 925 DeVilleneuve Beaumont TX Had several questions for Council:Asked if the City was back to normal yet and if the Irving Street overpass was inspected for safety after Rita Open session of meeting recessed at 2:27 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Patricia Van Buren Claim of Joe Van Buren Claim of Hazel Bailey Page 9 of 10 Minutes-January 24,2006 Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Clerk There being no action taken in Executive Session, Council adjourned. Audio tapes are available upon request in the City Clerk's Office. r 'UMp ��l Audwin S Mayor Pro Tern W O Rose Ann Jones, TR ' C City Clerk Minutes-January 24,2006 Page 10 of 110