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Home My WebLink AboutMIN FEB 07 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 Tern,Ward III February 7,2006 Bobbie J. Patterson,Ward IV31 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 February 7, 2006, 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 -2005 Doris Johnson Award Winner and Receive a report related to the FY 2005 Audit Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Reverend Dr. Charles E. Bearinger of Cornerstone Church of the Nazarene gave the invocation. Mayor Pro Tern Audwin Samuel led the Pledge of Allegiance. Roll call was made by Tina Broussard, Deputy City Clerk. Present at the meeting were Mayor Goodson, Mayor Pro Tern Samuel, Councilmembers Smith, Beaulieu, and Patterson. Absent: Councilmembers Cokinos and Ames. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, Deputy City Clerk. Proclamations, Presentations, Recognitions "2005 Doris T. Johnson Award Winner" - Lois Balka, City of Beaumont Neighborhood Services Department "Report of the FY 2005 Audit" - Presented by Ted Williams of Cook Shaver Parker & Williams, CPA "National Sales Month"- February, 2006 - Proclamation read by Councilmember Beaulieu; accepted by Allen Tapley with the Sales and Marketing Club Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda. None Minutes-February 7,2006 CONSENT AGENDA Approval of Minutes - January 31, 2006 Confirmation of committee appointments - None A) Approve the purchase of one (1)2006 Chevrolet Tahoe for use in the Police Department- Resolution 06-041 B) Approve the payment of invoices to Gulf Coast Electric Co., Inc. for services performed subsequent to Hurricane Rita - Resolution 06-042 C) Authorize the acceptance of a ten foot (10') wide Water Line Easement out of Tract 1 of the Stone Haus Addition in the David Brown Survey - Resolution 06-043 D) Authorize the acceptance of a ten foot(10')wide water line easement providing access for fire prevention services for the Ten Two LTD property located near the intersection of Interstate 10 and Clearwater Court - Resolution 06-044 E) Authorize the acceptance of a five foot (5')wide water line easement providing access for fire prevention services for the HHH Investment Corporation property located near the intersection of Interstate 10 and Clearwater Court - Resolution 06-045 F) Authorize the acceptance of a five foot(5')wide water line easement providing access for fire prevention services for the Jai Mahalaxmi, Inc. property located near the intersection of Interstate 10 and Clearwater Court - Resolution 06-046 G) Authorize the acceptance of a fifteen foot (15') wide water line easement out of the M.C. Cartwright Subdivision - Resolution 06-047 Councilmember Beaulieu made a motion to approve the Consent Agenda. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU,AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider authorizing the City Manager to execute a contract for the Florida Street Lift Station Rehabilitation Project - Resolution 06-048 Administration recommended approval of a contract with Placo Ltd., Lumberton, Texas, in the amount of$540,904.14 forthe Florida Street Lift Station Rehabilitation Project. Page 2 of 9 Minutes-February 7,2006 The lift station was originally built in the mid 1940's and has been modified in the early 1980's. The proposed additions and modifications to the lift station are mandated by increase flows during normal operational conditions and deteriorated structures and equipment. The project will rehabilitate and replace structural components and install new equipment to meet present and future demands and State and Federal regulations. Funds for the project are available in the Capital Improvement Program. Councilmember Patterson made a motion to APPROVE RESOLUTION 06-048 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH PLACO LTD.,LUMBERTON,TEXAS IN THE AMOUNT OF$540,904.14 FORTHE FLORIDASTREET LIFT STATION REHABILITATION PROJECT. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU,AND PATTERSON NAYS: NONE MOTION PASSED 2. Consider authorizing the City Manager to execute a Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation(TxDOT) for the I1-1-10 at Walden Road Off Ramp Project - Resolution 06-049 Administration recommended approval of a resolution authorizing the City Manager to execute a Local Transportation Project Advance Funding Agreementwith TxDOT for the IH-10 at Walden Road Off Ramp Project. The Local Transportation Project Advance Funding Agreement for the IH-10 at Walden Road Off Ramp Project is for the relocation of the Walden Road exit ramp. The developers of the property adjacent to the ramp want to relocate the ramp to the north in order to improve access to their property. The estimated construction cost to relocate the ramp is$200,000 and will be the responsibility of the developer. The City will only serve as a pass through agency, since the developer is prohibited from entering into an agreement directly with TxDOT. A contract will be executed between the developer and the City for the relocation of the ramp. Councilmember Smith made a motion to APPROVE RESOLUTION 06-049 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) FOR THE RELOCATION OF THE IH-10 AT WALDEN ROAD OFF RAMP PROJECT. Councilmember Beaulieu seconded the motion. Page 3 of 9 Minutes-February 7,2006 AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU,AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider authorizing the City Manager to execute an agreement with Labelle Park, LP, for the IH-10 at Walden Road Off Ramp Project - Resolution 06-050 Administration recommended approval of a resolution authorizing the City Manager to execute an agreement with LaBelle Park, LP for the IH-10 at Walden Road Off Ramp Project. The LaBelle Park, LP, is the owner of the property located on the IH-10 Westbound Frontage Road near the Walden Road off ramp. The Texas Department of Transportation has been requested, by the LaBelle Park, LP, to relocate the westbound IH-10 ramp at Walden Road to the north in order to improve access to their property. The City will serve as the pass through agency for this specific project by entering into an agreement with TxDOT and the developer. The agreement with TxDOT identifies the City as the Local Participating Jurisdiction and responsible forthe local cost share. The agreement with the developer passes the local cost share of the project to LaBelle Park, LP. The City will not be responsible for any cost associated with the development or construction of this project. COuncilmember Smith made a motion to APPROVE RESOLUTION 06-050 THATTHE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT WITH LABELLE PARK, LP, FOR THE RELOCCATION OF THE IH-10 AT WALDEN ROAD OFF RAMP PROJECT. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Old Dowlen Road Project - Resolution 06-051 Administration recommended approval of a resolution authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Old Dowlen Road Project. Page 4 of 9 Minutes-February 7,2006 The City of Beaumont has received Congestion Mitigation and Air Quality (CMAQ) funds to reconstruct Old Dowlen Road from a point 2200 feet west of Dowlen Road to its intersection with Dowlen Road. The City's participation in the $1,310,000 project is 20 percent or $298,000 of the total estimated cost. Additionally, added capacity funding has been designated to construct Old Dowlen from Dowlen to State Highway (SH) 105. The scope of work for this project will include the construction of a four-lane concrete curb and gutter roadway and the relocation of the Old Dowlen and SH 105 intersection 500 feet to the west. When these projects were submitted for funding it was anticipated that the construction time between the projects would be several years. However, it now appears that the entire project will be constructed at one time. The roadway will be constructed as a four-lane concrete curb and gutter street. This project is funded as a part of the Capital Program. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 06-051 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A LOCAL TRANSPORTATION PROJECT ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE OLD DOWLEN ROAD PROJECT. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU,AND PATTERSON NAYS: NONE MOTION PASSED 5. Consider approving the purchase of a sewer vacuum truck for use in the Water Department - Resolution 06-052 Administration recommended the purchase of one (1) 2006 International 7400 diesel powered cab and chassis equipped with a jet rodder sewer vacuum body for the Water Utilities Department through the Houston-Galveston Area Council (H- GAC) cooperative purchasing program. The total cost of the truck including a (H- GAC) administrative fee of $1,000 is $211,966. The jet rodder sewer vacuum system is capable of breaking clogs and blocked debris in sewer lines and lift stations. With this system, debris and grease can be pulled to a manhole and vacuumed from the line. In addition to responding to request for cleaning clogged lines and overflows, the vacuum truck will be used for preventative maintenance to ensure adequate flow of the City's 780 miles of sewer lines. Page 5 of 9 Minutes-February 7,2006 The truck will be ordered from H-GAC's contracted vendors, the chassis from Santex Truck Center of San Antonio, Texas at a cost of $58,766 and the Vactor Combination Sewer Cleaner from Kinlock Equipment & Supply, Inc. of Pasadena, Texas at a cost of $153,200. The new unit will be delivered in approximately 120 days. Total cost for this truck is $211,966. Funds are available in the Water Fund. Councilmember Smith made a motion to APPROVE RESOLUTION 06-052 APPROVING THE PURCHASE OF ONE (1) 2006 INTERNATIONAL 7400 DIESEL POWERED CAB AND CHASSIS EQUIPPED WITH A JET RODDER SEWER VACUUM BODY FOR THE WATER UTILITIES DEPARTMENT THROUGH THE HOUSTON-GALVESTON AREA COUNCIL(H-GAC)COOPERATIVE PURCHASING PROGRAM IN THE AMOUNT OF $211,966 BE ACCEPTED BY THE CITY OF BEAUMONT. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU,AND PATTERSON NAYS: NONE MOTION PASSED 6. Consider approving the purchase of twenty six (26) desktop computers for the public safety records management and computer-aided dispatch system - Resolution 06-053 Administration recommended the purchase of fourteen (14)desktop computers for $1,369.95 each and twelve (12) desktop computers with dual monitors for $1,712 each from Gateway Companies, Inc. of North Sioux City, South Dakota. The twenty-six (26) computers will be used in Police, Fire, and EMS facilities to support the new public safety records management and computer-aided dispatch (CAD) system being installed this year. Funds are available in the Confiscated Goods Fund in the amount of$13,696 for the eight(8)computers with dual monitors being placed in the Police dispatch office. Funds are budgeted in the Capital Reserve Fund in the amount of$26,027.30 for the balance of the purchase which totals $39,723.30. Councilmember Smith made a motion to APPROVE RESOLUTION 06-053 THAT THE BID SUBMITTED BY GATEWAY COMPANIES, INC. OF NORTH SIOUX CITY, SOUTH DAKOTA, FOR TWENTY-SIX(26)DESKTOP COMPUTERS FOR THE PUBLIC SAFETY RECORDS MANAGEMENT AND COMPUTER-AIDED DISPATCH SYSTEM TOTALING $39,723.30 BE ACCEPTED BY THE CITY OF BEAUMONT. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU,AND PATTERSON NAYS: NONE MOTION PASSED Page 6 of 9 Minutes-February 7,2006 WORKSESSION * Receive requests from various developers related to their affordable housing applications to the Texas Department of Housing and Community Affairs Proposed developments include: Stone Hearst II - 1650 E. Lucas Drive - Presentation by R.J. Collins, on behalf of Stone Hearst II, requesting contributions of City Funds per the Texas Department of Housing and Community Affairs' 2006 QAP in the amount of $100,100 in CDBG/HOME funds to apply towards the development of a 100 unit affordable housing community located at 1650 E. Lucas Drive Northwood Crossing - N. Major Drive at Pindo Circle - No one present to represent Northwood Crossing Beaumont Downtown Lofts - 527 Forsythe Street and 620 Pearl Street - Presentation by Paul Fitch on behalf of the Landmark Group, requesting contributions of City Funds per the Texas Department of Housing and Community Affairs 2006'QAP in the amount of$3,501 per apartment unit in CDBG/HOME funds to apply towards the development of Beaumont Downtown Lofts at 527 Forsythe Street and 620 Pearl Street Gulf Street Terrace - 2900 Block of Gulf Street - Presentation by Robert Reyna and Ulysis Hobbs representing the Beaumont Housing Authority, Mr. Reyna stated that the Housing Authority at this time would be focusing only on Hurricane Funds, requesting 1.2 Million to purchase 10 acres of land near the Fair Ground area to build a 120 unit apartment complex, with a rent range from $360.00 to $370.00 excluding utilities, with completion time around the year 2008. * Review and discuss drafts of a smoking ordinance regulating smoking in public places Ingrid Holmes, Beaumont Health Director, presented two Ordinances regarding no smoking ban in public facilities, the first restricted smoking in bars, restaurants, workplaces and most enclosed areas accessible to the public. The second gives flexibility to smoking in bars classified as establishments, it also would allow smoking in restaurants with a designated, walled-off smoking area that has a separate ventilation system from the non- smoking area. Ms. Holmes also discussed secondhand smoke, Americans With Disabilities Act regarding secondhand smoke, Required Signage, Private Club and Private Function restrictions, Front Door Distance, there were discussions and several questions by Council. Page 7 of 9 Minutes-February 7,2006 Review and discuss dilapidated structures currently in a work program Tom Warner, Public Works Director discussed nine homes for raze or repair. Three of the nine homes were discussed regarding allowing more time, the others would be razed. It was stated that this item would be put on a future agenda as an action item. COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - CONGRATULATED LOIS BALKA WINNER OF THE DORIS T. JOHNSON AWARD;ALSO THANKED FINANCE STAFF FOR ALL OF THE HARD WORK AND DEDICATION TO THE CITY COUNCILMEMBER BEAULIEU - GREAT SEEING BOB POLLARDS SON PLAYING IN THE SUPERBOWL; ALSO CONGRATULATED LOIS BALKA ON WINNING THE DORIS T. JOHNSON AWARD; THANKED MAX DUPLANT AND HER STAFF FOR ALL THE HARD WORK ON THE 2005 AUDIT MAYOR PRO TEM SAMUEL - WANTED TO ACKNOWLEDGE MR. ROBERT POLLARD IN THE AUDIENCE WHO HAD AN OPPORTUNITY TO ATTEND HIS FIRST SUPERBOWL,HIS SON PLAYS FOR THE SEATTLE SEA HAWKS. COUNCILMEMBER PATTERSON - NONE CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR GOODSON - ANNOUNCED THE 5K RUN AND WALK FITNESS EXPO THIS SATURDAY FEBRUARY 11, 2006; ALSO ANNOUNCED CONGRESSMAN TED POE WOULD BE SPEAKING AT A IRS RITA WORKSHOP THIS SATURDAY; ACKNOWLEDGED BLACK HISTORY MONTH AND ALSO THE PASSING OF CORETTA SCOTT KING. Public Comments (Persons are limited to three minutes) Tim Breaux 7125 Firethorn Drive Beaumont TX Spoke to Council regarding the Northwood Crossing project on N. Major Drive at Pindo Circle; Mr. Breaux invited Council to attend a neighborhood association meeting at Christ Covenant Church; Thursday February 9, 2006 at 6:30 p.m., he also stated that the association would hold another meeting on Thursday, February 16, 2006 at 6:30 p.m. Shimon Kaplan 1524 Bryant Way Beaumont TX Discussed the no smoking Ordinance; asked Council to let citizens have a right to smoke where they want; smokers should not be penalized because they choose to smoke Page 8 of 9 Minutes-February 7,2006 Regina Rogers #7 Bellchase Gardens Beaumont TX Addressed Council regarding the no smoking ordinance and second hand smoke; we all should try and make our environment as safe as possible Nell McCallum Morris 725 Thomas Rd Beaumont TX Spoke in favor of the strictest smoking ban possible; it is a matter of health and keeping our environment clean and safe Martha Craig 195 N. 7th Beaumont TX Spoke in favor of the no smoking ordinance; stated that she would not like to sit in a public restaurant to eat and be subjected to secondhand smoke Gay-Lynne Jones 9380 Shepherd Beaumont TX Spoke in favor of the no smoking ordinance; everyone needs to think about health issues as well as environmental issues Robert Pollard 8987 Washington Blvd. Beaumont TX Spoke in favor of the no smoking ordinance; stated that everyone needs to look at the health issues smoking causes There being no Executive Session, Council adjourned at 3:55 p.m Audio t pe a v 'table upon request in the City Clerk's Office. Guy N. Goodson, Mayor ��o r® Mp��tl'1 Tina Broussard Deputy City Clerk 1 0 Page 9 of 9 Minutes-February 7,2006