The URL can be used to link to this page

Home My WebLink AboutMIN JUN 06 2006 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith,Ward I GUY N. GOODSON, MAYOR Nancy Beaulieu,Ward 11 Andrew P. Cokinos,At-Large CITY COUNCIL MEETING Becky Ames,At-Large Audwin Samuel, Mayor Pro Tem,Ward III June 6, 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 June 6, 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 Public Comment: Persons may speak on scheduled agenda items 2-8/Consent Agenda Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Mark Viator, Chairman of the Recovery Coalition of Southeast Texas, L.L.C. gave the invocation. Council member Ames 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 late-1:37 p.m.), Councilmembers Smith, Beaulieu,Ames and Patterson. Absent: Councilmember Cokinos. 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 2-8/Consent Agenda. None CONSENT AGENDA Approval of minutes - Minutes of May 23, 2006 Confirmation of committee appointments - None A) Approve an annual contract to purchase fire protective clothing - Resolution 06-159 B) Approve the purchase of two (2) inflatable boats for the Police Department - Resolution 06-160 Minutes-June 6,2006 C) Approve an annual contract for grounds maintenance at Cattail Marsh-Resolution 06-161 D) Authorize the City Manager to designate an official for the execution of annual Certification and Assurances issued by the Federal Transit Administration (FTA), submission of all FTA grant applications and the execution of all FTA grant awards on behalf of the City of Beaumont - Resolution 06-162 E) Authorize the settlement of the lawsuit of Marshall Wiltz vs the City of Beaumont - Resolution 06-163 F) Authorize the settlement of the claim of Rokeisha B. Powell - Resolution 06-164 G) Approve a resolution accepting maintenance of the street, storm sewer,water and sanitary sewer improvements in West Chase Village Subdivision, Section Six and Section Nine - Resolution 06-165 H) Approve a resolution accepting maintenance of the street, storm sewer,water and sanitary sewer improvements in Pine Glen Fifth Addition, Subdivision - Resolution 06-166 Councilmember Ames made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AMES AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) District to C-M (Commercial-Manufacturing) District at 2208-2212 W. Cardinal Drive - Denied Administration recommended approval of a zone change from GC-MD (General Commercial-Multiple Family Dwelling) District to C-M (Commercial-Manufacturing) District at 2208-2212 W. Cardinal Drive. Ed Edson III is requesting a zone change from GC-MD (General Commercial- Multiple Family Dwelling)District to C-M (Commercial-Manufacturing)District forthe property located at 2208-2212 W. Cardinal Drive. A portion of the 8.2 acres of land is currently occupied by four buildings with the remainder being vacant. Phelan Investments is negotiating the purchase of the property. It is that company's desire to develop the remaining vacant property and to market the development to transport companies, contractors, wholesalers and others. Page 2 of 9 Minutes-June 6,2006 At a Joint Public Hearing held May 15, 2006, the Planning Commission voted 7:2 to approve a zone change from GC-MD (General Commercial-Multiple Family Dwelling) District to C-M (Commercial-Manufacturing) District at 2208-2212 W. Cardinal Drive. Following discussion, Councilmember Patterson moved to DENY THE REQUEST 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 GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT TO C-M (COMMERCIAL-MANUFACTURING) DISTRICT FOR PROPERTY LOCATED AT 2208 -2212 W. CARDINAL DRIVE, BEAUMONT,JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Samuel seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AMES AND PATTERSON NAYS: MAYOR GOODSON MOTION PASSED -REQUEST DENIED 2. Consider approving a request from the Recovery Coalition of Southeast Texas, L.L.C. to provide lobbying assistance at the federal and state level through the Bracewell & Giuliani Law Firm and the Ben Barnes Group - Resolution 06-168 A letter from Mark Viator, Chairman of the Recovery Coalition of Southeast Texas, L.L.C. is attached for your review. The request is for the City of Beaumont to join other cities, counties and perhaps private industries in Southeast Texas to retain lobbying assistance at the federal and state level through the Bracewell & Giuliani Law Firm and the Ben Barnes Group. The letter states that the Recovery Coalition of Southeast Texas, L.L.C. is looking to raise enough funds to keep the above Firms engaged through September 2006 and to continue to reassess the need for consultant services through 2007. However, the request is for the City of Beaumont to make a one-time payment of $50,000 for2006. The letter indicates what other entities have contributed, however it is unclear whether the City of Beaumont will be requested to provide additional funding for 2007. The Coalition is trying to retain the Firms for$40,000 per month. Funds were not budgeted for this purpose in the FY 2006 Budget. Following discussion, Councilmember Beaulieu made a motion to APPROVE RESOLUTION 06-168 THAT FUNDING IN THE AMOUNT OF $25,000 TO RETAIN LOBBYING ASSISTANCE AT THE FEDERAL AND STATE LEVELS THROUGH THE BRACEWELL&GIULIANI LAW FIRM AND THE BEN BARNES GROUP AS REQUESTED BY THE RECOVERY COALITION OF SOUTHEASTTEXAS,L.L.C.IS HEREBYAPPROVED. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AMES AND PATTERSON Page 3 of 9 Minutes-June 6,2006 NAYS: NONE MOTION PASSED 3. Consider approving a resolution of a contract for the Tyrrell Park and Downs Road Reconstruction Project - Resolution 06-168 Administration recommended Council approve a resolution awarding a contract to L.D. Construction in the amount of $1,874,740.10 for the Tyrrell Park and Downs Road Reconstruction Project. Funds are available in the Water Fund and Capital Improvement Program. Councilmember Patterson made a motion to APPROVE RESOLUTION 06-168 THATTHE BID SUBMITTED BY L. D. CONSTRUCTION, BEAUMONT, TEXAS, FOR A CONTRACT FOR THE TYRRELL PARK AND DOWNS ROAD RECONSTRUCTION PROJECT IN THE AMOUNT OF $1,874,740.10 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AMES AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD#6) for the Cartwright/Corley Relief Project - Resolution 06-169 Administration recommended Council authorize the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD#6) for the Cartwright/Corley Relief Project. During the April 4, 2006, City Council Worksession, representatives from DD#6 provided City Council with an update on the District's current and proposed drainage projects. One of the proposed projects discussed was the Ditch 100-D2 or Cartwright/Corley Relief Project. This project includes the construction of several detention facilities near Eleventh Street and Cartwright and improvements to the underground drainage systems on Corley and Blanchette Streets. The DD#6 will prepare the engineering plans and specifications for the project. The estimated cost to the City to perform the aforementioned work is $1.2 million. In exchange for the work to be performed by the City, the DD#6 has also agreed to convey a portion of property to the City for the Phelan Boulevard Widening Project in the vicinity of the Gulf Terrace Detention Basin. The estimated cost for the City's participation in the Cartwright/Corley Relief Project is $1.2 million and is included in the proposed Capital Improvement Program for Fiscal Year 2007. Page 4 of 9 Minutes-June 6,2006 Councilmember Patterson made a motion to APPROVE RESOLUTION 06-169 THATTHE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE AN INTERLOCAL AGREEMENT WITH JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 (DD#6) FOR THE CARTWRIGHTICORLEY RELIEF PROJECT. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AMES AND PATTERSON NAYS: NONE MOTION PASSED 5. Consider authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD#6)for the Griffing Ditch 1002 Project- Resolution 06-170 Administration recommended Council authorize the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD#6)for the Griffing Ditch 1002 Project. The DD#6 received federal funding for the Griffing Ditch 1002 Project. The project scope of work includes channel improvements and enlarging the drainage crossings at Walker Road, Tram Road, Griffing Road and Willis Lane. DD#6 will be responsible forthe engineering design,coordination,construction and management of the project construction. The City will be responsible for the purchase of box culverts for the road crossings, the relocation of City owned utilities and structures, and the resurfacing of the street at the aforementioned crossings. The estimated cost to the City is $350,000 of which approximately 65 percent is reimbursable from the District. Councilmember Smith made a motion to APPROVE RESOLUTION 06-170 THATTHE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE AN INTERLOCAL AGREEMENT WITH JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 (DD#6) FOR THE GRIFFING DITCH 1002 PROJECT. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AMES AND PATTERSON NAYS: NONE MOTION PASSED 6. Consider authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD#6) for the Ditch 117 Detention Pond and Channel Improvements Project - Resolution 06-171 Administration recommended Council authorize the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD#6) for the Ditch 117 Detention Pond and Channel Improvements Project. Page 5 of 9 Minutes-June 6,2006 The City received a Flood Mitigation Assistance (FMA) Grant from the Texas Water Development Board for this project. The scope of work for the project includes the construction of a detention pond on a portion of the old Wal Mart site adjacent to the U.S. 69, 96 and 287 Service Road and channel improvements to Ditch 117. DD#6 will be responsible for the engineering design, coordination, construction and management of the project construction. The City will be responsible for receipt of the grant funds and forwarding reimbursements, not to exceed 75 percent of the project costs, to the District and the relocation of City owned utilities. Budgetary Impact: None. The 25 percent match for this grant is the responsibility of D D#6. Council member Ames madea motion to APPROVE RESOLUTION 06-171 THATTHECITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE AN INTERLOCAL AGREEMENT WITH JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 (DD#6) FOR THE DITCH 117 DETENTION POND AND CHANNEL IMPROVEMENTS PROJECT. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AMES AND PATTERSON NAYS: NONE MOTION PASSED 7. Consider approving a purchase of one generator powered ambulance module through the Houston Galveston Area Council (H-GAC)to be used in EMS Division - Resolution 06-172 Administration recommended the purchase of a Frazer Type 1 generator powered module through H-GAC Cooperative Purchasing Program. The module will be ordered from Frazer, Ltd. of Houston at a total cost of $61,850. The Frazer module will be mounted on a 2006 Ford F350 cab and chassis that was ordered through the State of Texas Cooperative Purchasing program. The Frazer module is consistent with the units that are currently in service in EMS. This unit will be an addition to the EMS fleet, increasing the number of front line units to six. Funds for this expenditure are budgeted in the Capital Reserve Fund. Councilmember Smith made a motion to APPROVE RESOLUTION 06-172 THATTHE CITY COUNCIL HEREBY APPROVE THE PURCHASE OF ONE FRAZER TYPE 1 GENERATOR POWERED AMBULANCE MODULE THROUGH THE H-GAC COOPERATIVE PURCHASING PROGRAM AT A TOTAL COST OF$61,850. Council member Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AMES AND PATTERSON NAYS: NONE MOTION PASSED Page 6 of 9 Minutes-June 6,2006 Open session of Council meeting was recessed at 2:35 p.m. It was decided that the Comments portion of the meeting would be held after all items had been discussed. Council then entered into the Executive Session. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Dan Dale Kelly vs. Officer Scott Lisenby, et al Open session of Council meeting was reconvened at 2:52 p.m. (Councilmember Smith arrived at 2:54 p.m.) 8. Consider approving a resolution authorizing the settlement of the claim of Dan Dale Kelly vs. Officer Scott Lisenby, et al - Resolution 06-173 Council approved a resolution authorizing the settlement of the claims brought in the lawsuit Dan Dale Kelly vs. Officer Scott Lisenby, et al in the amount of$5,000. There are sufficient funds in the General Liability Fund to pay the sum above. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 06-173 THAT THE CITY ATTORNEY BE,AND HE IS HEREBY AUTHORIZED TO SETTLE IN THE AMOUNT OF FIVE THOUSAND ($5,000 DOLLARS IN THE LAWSUIT STYLED CIVIL ACTION NO. 1:04CV0479, DAN DALE KELLY VS. OFFICER SCOTT LISENBY, IN HIS INDIVIDUAL AND OFFICIAL CAPACITIES, SERGEANT AL JOHNSON, IN HIS INDIVIDUAL AND OFFICIAL CAPACITIES, OFFICER FRANK COFFIN, OFFICER S. K. TOLLEY AND TWO UNKNOWN OFFICERS OF THE BEAUMONT POLICE DEPARTMENT IN THEIR INDIVIDUAL AND OFFICIAL CAPACITIES AND THE CITY OF BEAUMONT, TEXAS. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU,AMES AND PATTERSON NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE COUNCILMEMBER BEAULIEU - NONE COUNCILMEMBER AMES - NONE MAYOR PRO TEM SAMUEL - NONE COUNCILMEMBER PATTERSON - ANNOUNCED PLANS TO HOLD A TOWN HALL MEETING ON JULY 6, 2006 Page 7 of 9 Minutes-June 6,2006 CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR GOODSON - APPRECIATION TO DD#6 FOR ALL THEIR HELP AND COOPERATION; ENJOYED THE TEXAS STATE AMATEUR SOFTBALL TOURNAMENT FOR GIRLS 8 AND UNDER; VISITED THE SETX FOOD BANK AND APPRECIATED ALL THAT THEY HAVE DONE TO HELP THE COMMUNITY;WOULD LIKE TO HOLD ACOUNCIL WORKSHOP THE LAST WEEK IN JUNE REGARDING SUCH ITEMS AS BUDGET, FRANCHISES, SEX OFFENDERS, OTHER BIG TICKET ITEMS WHICH NEED TO BE DISCUSSED; WOULD LIKE COUNCILMEMBERS TO MAKE A LIST OF ITEMS THEY WOULD LIKE TO DISCUSS Public Comments (Persons are limited to three minutes) Claudette Jean 2160 Sarah Street Beaumont TX Would like the City to consider putting a 4 way flashing stop signal at the corner of Sarah and Marie to help prevent accidents which recently killed a young child Kerry J. Avie 3035 Elinor Beaumont TX Prayer for the City Nannette Prados Key 2130 Sarah Street Beaumont TX Mother of deceased child-Miles Key; stressed the importance of a 4 way flashing light on the corner of Sarah and Marie; would like to think that no other child would suffer the way her son did Toni Prados 1090 Avenue H Beaumont TX Grandmother of Miles Key; recited a poem she wrote about her grandson and also requested that a 4 way stop sign be placed on the corner of Sarah and Marie Robert Prado 1090 Avenue H Beaumont TX Grandfather of Miles Key; would like the City to start a Traffic Safety Education Program which is being conducted in some other cities; feels that people now drive down Sarah too fast and forget that it is a residential area There being no further business, Council adjourned at 3:10 p.m. Page 8 of 9 Minutes-June 6,2006 Audio tapes are available upon request in the City Clerk's Office. LN - a 00 ;9 Guy N. Goodson, Mayor Uj Rose Ann Jones, TRMC lit City Clerk Page 9 of 9 Minutes-June 6,2006