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Home My WebLink AboutMIN MAR 21 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 March 21, 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 March 21, 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 - Adopt-A-Street Program Public Comment: Persons may speak on scheduled agenda items 2-5/Consent Agenda Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Pastor Brenda Warren of the First Christian Church gave the invocation. Councilmember Beaulieu led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Goodson, Mayor Pro Tern Samuel (arrived at 2:58 p.m.), Councilmembers Beaulieu, Cokinos, Ames and Patterson. Absent: Councilmember Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions "National Inhalants&Poisons Awareness Week in Beaumont" - March 19-25,2006- Proclamation read by Councilmember Ames; accepted by Members of the Drug Free Commission Adopt-A-Street Recognition Ward II - Councilmember Beaulieu MobilOil Federal Credit Union Delaware from Dowlen to Major The Way Family McLean from S. Major to Greeves Ward III - Mayor Pro Tern Samuel CIA (Christians in Action) Youth Group Porter from Irving to Pecan Minutes-March 21,2006 Ward IV - Councilmember Patterson "ISRAEL" Greater Good Hope Virginia form S. 4th to Usan B. C. Youth Group Zeta Phi Beta Sorority, Inc. Cheek from E. Florida to Colorado International Advisory Council (LU) Rolfe Christopher from E. Cardinal to E. Virginia to M. L. King Parkway (L-Shape) Public Comment: Persons may speak on scheduled agenda items 2-5/Consent Agenda. None CONSENT AGENDA Approval of minutes - March 7, 2006 Confirmation of committee appointments - None A) Approve a contract forthe City of Beaumont's Fourth of July Celebration fireworks display- Resolution 06-085 B) Authorize the City Manager to execute an Access Agreement with Southwestern Bell Telephone, L.P. for access to a proposed telecommunication facility site- Resolution 06- 086 Councilmember Cokinos made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, COUNCILMEMBERS BEAULIEU, COKINOS, AMES AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Public Hearing: Receive comments relating to two draft ordinances which would prohibit smoking in public places. One draft ordinance relates to a 100% smoking ban in public places and the other ordinance would allow smoking in designated enclosed areas and allows for other exceptions. Opened: 1:50 p.m. Closed: 3:25 p.m. At this time citizens could come forward and voice their opinion on the No-Smoking Ordinance which Council is considering. Page 2 of 12 Minutes-March 21,2006 Dr. Jeff Alford 81 Avenue of the Oaks Beaumont TX Favor - Jefferson County Medical Society Mark Boyer 3711 Briar Park #300 Houston TX Oppose - Erin Teare Rienstra Jayne Eisen 2655 Thomas Road Beaumont TX Favor Roy Etie 8190 Shenandoah Beaumont TX Oppose - Roy Bob's Restaurant & Bar Supply Co. Paul R. Ford 229 #1 Dowlen Beaumont TX Oppose - Thirsty's owner Dr. Joe Finley 6345 Gladys Avenue Beaumont TX Favor - Family Medicine Physician Jim Fuller 4795 Taft Street Beaumont TX Favor - Pastor Slade Ham 1990 1-10 South Beaumont TX Oppose - Comedy Texas Bruce Hoffer 2615 Gladys Beaumont TX Favor J. Shane Howard 4680 Ebonwood Lane Beaumont TX Oppose Gay-Lynne Jones 9380 Shepherd Drive Beaumont TX Favor- Volunteer American Cancer Society Shimon Kaplan 1524 Bryant Way Beaumont TX Oppose Vijay S. Kusnoor, M.D. 2670 McFaddin Street Beaumont TX Favor- SE Texas Cardiology; Beaumont American Heart Association Randolph Lombardo, M.D. 2955 Harrison #304 Beaumont TX Favor - Cardiologist specialist Nell Morris 725 Thomas Road Beaumont TX Favor - President, Julie Rogers Gift of Life Brian O'Quinn 315 IH 10 Beaumont TX Oppose - Local business owner Philip Palumbo 130 N. 7th Street Beaumont TX Oppose - Manager local bar Page 3 of 12 Minutes-March 21,2006 Janice Raffa 345 Palmetto Vidor TX Oppose Irene Ramirez 3555 Staff Drive Beaumont TX Favor- Radiology Nurse Patty Williams 3120 Fannin Beaumont TX Favor- Communications In Schools Program Will McNeill 9710 Dishman Road Beaumont TX Favor - Cattle rancher, father, family man John C. "Clint" Hahn 5815 Clint Lane Beaumont TX Favor Jason Marshburn 7220 Bythewood Beaumont TX Oppose - Restaurant Manager G. Tim Peterson 770 Amarillo Beaumont TX Oppose Wanda Grimes 1756 Briarcliff Drive Beaumont TX Oppose Christie Young 4835 Regina Lane Beaumont TX Favor- Officer Julie Rogers "Gift of Life" program Scott Crutchfield 145 Central Caldwood Beaumont TX Oppose Dan Webb 5675 Fannett Road Beaumont TX Oppose - Manager Rock's Mary Jane Berwick 1745 Rose Lane Beaumont TX Oppose Butch Berwick 1745 Rose Lane Beaumont TX Oppose - Business owner Robert Smith 550 Fannin Ste. 930 Beaumont TX Oppose - representing the Restaurant & Bar Owners Association Sheila Fowler 7875 Easley Drive Beaumont TX Oppose - Bar owner Robert Wilson 2 Ballock Pines Houston TX Oppose - Fast Eddie's Manager Marty Craig 195 N. 7th Street Beaumont TX Favor Page 4 of 12 Minutes-March 21,2006 Raylynn Williford PO Box 66 Groves TX Oppose John Ingram 3525 Lazy Beaumont TX Favor Linda Domino 890 Brandywine Beaumont TX Favor Joe Lewis Box 62 Beaumont TX Oppose Following the public hearing, Councilmembers had an opportunity to make comments: Councilmember Beaulieu: Appreciated all the time and courtesy of everybody present; will listen and consider everybody's opinions; main concern is of the number of young people who are affected healthwise while working part-time jobs Councilmember Ames: Expressed appreciation to all those who took the time to come here to discuss this issue; hopes all will appreciate the position Council is in and will respect Council's decision Councilmember Patterson: Appreciates all those who came forth with their opinions; Councilmembers were elected to make decisions that are best for the majority of the citizens Mayor Pro Tern Samuel: Have listened to many citizens; understands different people's rights; decision will be based on what he feels is best for those who can't protect themselves Mayor Goodson: Believes in personal freedom; feels that there should be some distinction between adult venues and family venues; wants Beaumont to be a progressive city and will keep in mind, the citizen's rights At this time council recessed and resumed at 3:55 p.m. 2. Consider approving a contract through the Houston-Galveston Area Council (H- GAC)with R.W. Beck, Inc. for debris management and disaster recovery services- Resolution 06-087 Administration recommended approval of a contract with R. W. Beck, Inc. through H-GAC, a cooperative purchasing association, for Environmental, Community Planning, Engineering, and Homeland Security consulting and related services. Beck Disaster Recovery, Inc. (BDR), a subsidiary of R. W. Beck, Inc., will provide debris management and disaster recovery services. Jefferson County contracted with R. W. Beck, Inc. for debris management and disaster recovery services after Hurricane Rita. Although the contract provided for debris removal and roadway clearance, the City was limited in their authority to Page 5 of 12 Minutes-March 21,2006 direct R. W. Beck and other contractors to clear specific areas. In addition, the contract did not provide for additional work such as debris removal in city parks. By directly securing this contract in advance of a disaster, the City maintains control of the work and is assured of 100% reimbursement from the Federal Emergency Management Agency (FEMA) for costs associated with debris management and disaster recovery services should the need arise in the event of a natural disaster, i.e., hurricane, windstorms, floods, etc. A secondary contract with BDR for pre-disaster services includes debris hauling procurement assistance. BDR will prepare bids, develop criteria for award, and distribute and evaluate bids. Upon their evaluation and recommendation, contracts for debris removal will be in place by June 1, the first official day of hurricane season. The contracts will include debris collection, processing and disposal services and emergency roadway clearance within the first 70 hours immediately following an event. The costs for these services will not exceed $25,400. This cost may be less depending on the City's degree of involvement in the procurement process. H-GAC's contract with R. W. Beck, Inc. contains an option to renew on its expiration date of December 31, 2006. The City plans to implement multi-year contracts with the hauling contractors. Costs associated with debris management and disaster recovery will not be imposed unless the City experiences a major disaster. Costs for the pre-disaster services will not exceed $25,400. Funds for these services are available in the General Fund. Councilmember Cokinos made a motion to APPROVE RESOLUTION 06-087 THAT THE CITY COUNCIL HEREBY APPROVES A CONTRACT WITH R. W. BECK, INC. THROUGH THE H- GAC, A COOPERATIVE PURCHASING ASSOCIATION, FOR ENVIRONMENTAL, COMMUNITY PLANNING, ENGINEERING, AND HOMELAND SECURITY CONSULTING AND RELATED SERVICES. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS BEAULIEU, COKINOS,AMES AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider approving the purchase of fleet vehicles through the State of Texas Cooperative Purchasing Program - Resolution 06-088 Administration recommended authorization for the purchase of four (4) vehicles through the State of Texas Cooperative Purchasing Program in the amount of $190,178. Four (4) vehicles budgeted in this fiscal year are available through the State of Texas Cooperative Purchasing contract. The four(4)vehicles are 2007 Ford F-750 Page 6 of 12 Minutes-March 21,2006 crew cab models, two (2) to be equipped with dump bodies for use in the Public Works Department; and two (2) are for use in the Water Utilities Department. Each of the vehicles purchased are replacement vehicles. The units will replace year models ranging from 1990 to 1997, with mileage ranging from 61,000 to 144,604. The replaced vehicles will be disposed of according to the City's surplus property disposal policies. Funds in the amount of $103,224 and $86,954 will be expended from the Capital Reserve Fund and Water Utilities Fund, respectively. Councilmember Cokinos made a motion to APPROVE RESOLUTION 06-088 THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF FOUR(4)2007 FORD F-750 CREW CABS THROUGH THE STATE OF TEXAS COOPERATIVE PURCHASING PROGRAM IN THE AMOUNT OF $190,178. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS BEAULIEU, COKINOS, AMES AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider authorizing the City Manager to increase the Water Treatment Plant 14 Million Gallons PerDay(MGD)Expansion and Miscellaneous Improvements Project amount for "extra work" - Resolution 06-089 Administration recommended approval of increasing the Water Treatment Plant 14 MGD Expansion and Miscellaneous Improvements Project amount by$178,962.74 which are needed to meet TCEQ requirements. The proposed extra work represents 1.62 percent of the original contract amount. The total change orders represent 17.45 percent of the original contract amount. The proposed additions and modifications to the original contract documents and design are due to unforseen conditions prior to commencing construction and a water leak on an existing 48-inch water transmission line. The changes will improve the future operation and increase the efficiency of the Water Treatment Plant, and will help the City meet required state and federal regulations. Funds for the project are available in the Capital Improvement Funds. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 06-089 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO INCREASE THE WATER TREATMENT PLANT 14 MILLION GALLONS PER DAY (MGD) EXPANSION AND MISCELLANEOUS IMPROVEMENTS PROJECT AMOUNT BY $178,962.74 FOR "EXTRA WORK." Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS BEAULIEU, COKINOS, AMES AND PATTERSON NAYS: NONE Page 7 of 12 Minutes-March 21,2006 MOTION PASSED 5. Consider a request from The Landmark Group, Inc. For a loan from the City of Beaumont for on-site development costs associated with an application for tax credits from the Texas Department of Housing and Community Affairs - The City Council approved a conditional commitment of $40,040 on February 14, 2006 for the Beaumont Downtown Lofts located at 527 Forsythe Street and 620 Pearl Street. The $40,040 was based on $1,001 per unit for 40 Low-income Units being proposed. The City Council also approved a conditional funding (contingent on approval of the tax credits from the Texas Department of Housing and Community Affairs) for the following projects: Stone Hearst II 1650 E. Lucas Drive $97,097 approved by the City Council 97 Low-income Units x $1,001 per unit Gulf Street Terrace 2900 block of Gulf Street $120,120 approved by the City Council 120 Low-income Units x $1,001 per unit Sienna Trails Townhomes (36 units) Timber Creek at Sienna Trails (35 units) Briarbend at Sienna Trails (35 units) Concord Road behind Circuit City Consensus for a loan in the amount of$106,106 106 Low-income Units x $1,001 per unit The applications are scored on a point basis, and developments that receive an allocation of funds for on-site development costs from a Local Political Subdivision receive additional points. Mr. Fitch would now like for the City Council to nullify the $40,040 commitment made bythe Council on February 14, 2006. The letter states"Beaumont Downtown Lofts, Ltd. would like to request a $126,500 Pre-development Loan." The request does not specify the period of the loan other than "for a short term." The loan would provide for $3,513.88 per unit for 36 units. The City Manager recommends denial of the request. The City Council voted and made a decision on February 14, 2006 to provide funding for four proposed projects including the Downtown Lofts Project. The funding amounts were all based on $1,001 per unit. Following a discussion and clarification of the tax credit program, Councilmember Ames made a motion to DENY A REQUEST FROM THE LANDMARK GROUP, INC. FOR A LOAN IN THE AMOUNT OF $126,500 FROM THE CITY OF BEAUMONT FOR ON-SITE Page 8 of 12 Minutes-March 21,2006 DEVELOPMENT COSTS ASSOCIATED WITH AN APPLICATION FOR TAX CREDITS FROM THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS. Council member Beaulieu seconded the motion. AYES: MAYOR PRO TEM SAMUEL,COUNCILMEMBERS BEAULIEU,COKINOS, AMES AND PATTERSON NAYS: MAYOR GOODSON MOTION PASSED 6. Public Hearing: Receive comments on an application to receive special earmarked grant money from the Federal Transit Administration (FTA)for the purchase of new communications equipment for Beaumont Municipal Transit vehicles Opened: 4:15 p.m. Closed: 4:18 p.m. No citizens came forth to address this item. Consider authorizing the City Manager to submit an application to receive special earmarked grant money from the Federal Transit Administration (FTA) for the purchase of new communications equipment for Beaumont Municipal Transit Vehicles - Resolution 06-090 Administration recommended that City Council conduct a public hearing and authorizing the City Manager to submit an application to the Federal Transit Administration (FTA) for the purchase of communication equipment. Beaumont Municipal Transit has prepared a grant application to the FTA to receive earmarked funds for the purchase of new communications equipment. This new equipment will allow Beaumont Municipal Transit (BMT) to share two-way radio communications with the Police Department and the Fire Department. The costs associated with the purchase of this equipment is as follows: Federal Assistance (80%) Local Match (20%) Total Cost (100%o $98,368 $24,592 $122,960 Sixteen CNG buses are presently on order and will arrive with the new radios installed. These funds will be used to purchase radio equipment for other Beaumont fleet including nine paratransit vans,two automobiles,two service trucks, and three additional transit coaches. The local match totaling $24,592 is available in the Municipal Transit Fund. COuncilmemberAmes made a motion to APPROVE RESOLUTION 06-090 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO SUBMIT AN APPLICATION TO RECEIVE SPECIAL EARMARKED GRANT MONEY FROM THE FEDERAL TRANSIT ADMINISTRATION(FTA) FOR THE PURCHASE OF NEW COMMUNICATIONS EQUIPMENT FOR BEAUMONT MUNICIPAL TRANSIT VEHICLES TOTALING $122,960. Councilmember Patterson seconded the motion. Page 9 of 12 Minutes-March 21,2006 AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS BEAULIEU, COKINOS,AMES AND PATTERSON NAYS: NONE MOTION PASSED 7. Public Hearing: Receive comments on an application to the Federal Transit Administration for FY 2006 Operating Assistance and funding for the Compressed Natural Gas (CNG) Fueling Facility Opened: 4:20 p.m. Closed: 4:23 p.m. No Citizens came forth to address this item. Consider authorizing the City Manager to submit an application to the Federal Transit Administration for FY 2006 Operating Assistance and for funding the construction, maintenance, and operation of a Compressed Natural Gas (CNG) Fueling Facility - Resolution 06-091 Administration recommended that City Council conduct a public hearing and authorize the City Manager to submit an application to the Federal Transit Administration. Beaumont Municipal Transit will prepare a grant application for FY 2006 FTA funds. The grant will partially fund the expenses associated with the annual operation and maintenance of Beaumont Municipal Transit for FY 2006 and the construction, operation, and maintenance of a new CNG fueling facility. The projected budgets for the annual operations and CNG Fueling Facility are provided below: Operations Budget FTA Grant Share $1,529,140 City Share $1,439,524 State Share $ 431,336 Charter, Advertising and Farebox Revenue $ 600,000 Total $4,000.000 CNG Fueling Facility Budget FTA Grant Share $1,550,000 City Share $ 387,500 State Share $ - 0 - Total $1,937,500 The local match, provided by the City, for both FY 2006 Transit operations and a 20% local match for the CNG Fueling Station totals $1,827,024. Page 10 of 12 Minutes-March 21,2006 Councilmember Patterson made a motion to APPROVE RESOLUTION 06-091 THATTHE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO SUBMIT AN APPLICATION TO THE FEDERAL TRANSIT ADMINISTRATION(FTA)FOR THE FY 2006 OPERATING ASSISTANCE AND FOR FUNDING THE CONSTRUCTION, MAINTENANCE, AND OPERATION OF A COMPRESSED NATURAL GAS (CNG) FUELING FACILITY. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS BEAULIEU, COKINOS,AMES AND PATTERSON NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER PATTERSON - CONGRATULATED ALL THE WOMEN IN THE CITY IN HONOR OF "NATIONAL WOMEN'S MONTH" MAYOR PRO TEM SAMUEL - NONE COUNCILMEMBER AMES - NONE COUNCILMEMBER COKINOS - NONE COUNCILMEMBER BEAULIEU - ANNOUNCED THAT FOUR COUNCILMEMBERS WERE WELL RECEIVED IN WASHINGTON DC FORTHE NATIONAL LEAGUE OF CITIES' MEETING WHICH THEY ATTENDED LAST WEEK; FELT THAT THEY WERE WELL RECEIVED AND THE NEEDS AND CONCERNS OF OUR CITY WERE HEARD BY OUR REPRESENTATIVES CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR GOODSON - UNABLE TO ATTEND NLC AS HE WAS IN AUSTIN WITH THE CITY MANAGER AND CITY ATTORNEY TESTIFYING AT THE CENTERPOINT RATE HEARING Public Comments (Persons are limited to three minutes) Frank Kiefer 3190 Willowood Beaumont TX Concerned about the City's plans to demolish the Civic Center without a vote from the citizens Page 11 of 12 Minutes-March 21,2006 LeRoy Lewis III 8550 Baker Road Beaumont TX Thanked everybody involved in all the aspects before, during and after Hurricane Rita Herman Johnson 7455 Calder Beaumont TX Requested that his property located at 640 Second Street be given consideration to be removed from the demolition list Open session of meeting recessed at 4:30 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Brenda Batiste v. City of Beaumont, Texas et al Washington Mutual Bank v. City of Beaumont ACM Cities' Motion to Deny CenterPoint's Request for Declaratory Relief and Motion to Dismiss CenterPoint's Petition for Review, GUD Docket No. 9630 There being no action taken in Executive Session, Council adjourned. Audio tapes r avail a a upon request in the City Clerk's Office. Guy N. Goodson, Mayor �� to X C5 / W Rose Ann Jones, TRMC 0 r City Clerk Page 12 of 12 Minutes-March 21,2006