The URL can be used to link to this page

Home My WebLink AboutMIN JUN 20 2006 M I N U T E S - CITY OF BEAUMONT Andrew P. Cokinos, At-Large GUY N. GOODSON, MAYOR Becky Ames,At-Large Lulu L. Smith,Ward I CITY COUNCIL MEETING Nancy Beaulieu, Mayor Pro Tem, Ward II Audwin Samuel, Ward III June 20, 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 20, 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 1-4/Consent Agenda Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Rev. John Adolph of the Antioch Missionary Baptist Church gave the invocation. Mayor Pro Tern Samuel 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, 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 "Black Music Month in Beaumont"-June, 2006 - Proclamation read by Councilmember Patterson; accepted by Bonnie Williams, Cheryl Guidry, Roy Cormier and Robert Cummings Presentation was made by Footsie Crutchfield, on behalf of the Magnolia Garden Club, presented a grant of $25,000 to the Beaumont Botanical Garden to help with the replacement of the tropical plants in the conservatory that were lost due to Hurricane Rita; also present was Alice Wilder, President of the Magnolia Garden Club Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda. Roberto Flores, Sr. 2425 Buchanan Street Beaumont TX Item#1: Feels that all the Councilmembers are qualified for the position of Mayor Pro Tern CONSENT AGENDA Approval of minutes - Minutes of June 13, 2006 Minutes-June 20,2006 Confirmation of committee appointments - None A) Authorize the execution of a License to Encroach Agreement with Neches Street Properties, L.L.C., through their agent Apollo Environmental Strategies, Inc., on the City's right-of-way on Milam and Neches Streets for the installation of three (3) groundwater monitoring wells - Resolution 06-181 B) Approve the purchase of laptop computers for use in the Police Department- Resolution 06-182 C) Approve the sale of City-owned surplus property - Resolution 06-183 Mayor Pro Tern Samuel made a motion to approve the Consent Agenda. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AMES AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Conduct an election of Mayor Pro Tempore - Resolution 06-184 The City Council shall elect one of its members as Mayor Pro Tempore for a one (1) year term. The Mayor Pro Tempore shall perform the duties of the Mayor in case of the absence or inability of the Mayor to perform the duties of the office, and, if a vacancy occurs, shall become Mayor for the unexpired term. If the Mayor Pro Tempore is unwilling to assume the duties of Mayor in the event of a vacancy in that office, then the City Council shall appoint a Mayor Pro Tempore from its membership. Councilmember Ames made a motion to NOMINATE COUNCILMEMBER BEAULIEU AS MAYOR PRO TEMPORE FOR A ONE(1)YEAR TERM. Councilmember Patterson seconded the nomination. Resolution 06-184 AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AMES AND PATTERSON NAYS: NONE MOTION PASSED 2. Consider authorizing the City Manager to execute a contract for the construction of an Elevated Water Tank on Dishman Road - Resolution 06-185 Page 2 of 7 Minutes-June 20,2006 Administration recommended approval of a contract with Landmark Structures I, L.P., Fort Worth, Texas, in the amount of$2,778,000.00 for the construction of the Proposed 2 MG Elevated Water Tank at Dishman Road Project. The MBE goal will be partially met through subcontracts with the certified MBE firms Cardinal Fence of Beaumont, Texas for $21,169.00 and Gulf States Protective Coatings of LaPorte, Texas for$204,525.00 for a total amount of$225,694.00. The amount represents 8.12 percent of the total bid. The specialized work related to the project limits the availability and participation of minority businesses. The City of Beaumont was cited by TCEQ for not having sufficient elevated storage capacity for the number of customers served. The City is required to eliminate the deficiency before August 2008. The proposed improvements will provide the water system with additional elevated storage capacity required to meet State and Federal regulations. In addition, the new elevated tank will increase the water pressure in the area and provide adequate water supply for future development. Funds for the project are available in the Capital Program. Councilmember Smith made a motion to APPROVE RESOLUTION 06-185 THATTHE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH LANDMARK STRUCTURES I, L.P., FORT WORTH, TEXAS, FOR CONSTRUCTION OF THE 2MG ELEVATED WATER TANKS AT DISHMAN ROAD PROJECT IN THE AMOUNT OF $2,778,000.00. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider authorizing the City Manager to execute the renewal of a lease agreement for an EMS station on Concord Road - Resolution 06-186 Administration recommended authorizing the City Manager to execute a three (3) year lease agreement with Madeline L. Walker, for EMS Medic No. 5 facilities located at 6452 Concord Road, at a monthly rental fee of$1,320, or$47,520 for the three-year term. On July 1, 2000 the City originally entered into a three (3) year lease agreement with Madeline L. Walker for the use of approximately 900 square feet of office space located at 6452 Concord Road. The rental fee was $1,170 per month; $42,120 for the three—year term. This property provides the primary operational headquarters for EMS Medic No. 5. This EMS station serves the north end of the City, which is a targeted area of low to moderate income families. The current lease expires June 30, 2006. The Public Health Department's Emergency Medical Services would like to remain in this location for its EMS Med 5 operations. Page 3 of 7 Minutes-June 20,2006 The City may terminate the lease by giving the Landlord six (6) months written notice. All other provisions of the current lease will remain the same. The landlord is responsible for all maintenance and repairs of the facility, including parking lots and driveways. The City is responsible for telecommunications and housekeeping of the leased premises. Funds will be provided from the Public Health Department's Operating Budget. Mayor Pro Tern Beaulieu made a motion to APPROVE RESOLUTION 06-186 THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE THE RENEWAL OF A THREE(3)YEAR LEASE AGREEMENT WITH MADELINE L.WALKER FOR EMS MEDIC NO.5 FACILITIES LOCATED AT 6452 CONCORD,AT A MONTHLY RENTAL FEE OF$1,320,FOR A TOTAL OF$47,520 FOR THE (3)YEAR PERIOD. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider authorizing the City Manager to execute an agreement with First Baptist Church for parking lot improvements in consideration for the transfer of approximately 0.48 acres to the City for the new Convention and Visitors Bureau building and parking lot - Resolution 06-187 Administration recommended Council authorize the City Manager to execute an agreement with First Baptist Church for parking lot improvements in consideration for the transfer of approximately 0.48 acres to the City for the new Convention and Visitors Bureau building and parking lot. The design for the new Convention and Visitors Bureau building, to be constructed on the southwest corner of Willow and McFaddin Streets, is nearing completion. The size of the building and proposed parking lot requires the acquisition of approximately 0.48 acres of property to the south of the proposed location from First Baptist Church. The Church has agreed to convey the property to the City in consideration for improvements to their parking lot. In consideration of the transfer of fee title to the 0.48 acres of land, the City will make the following improvements to the Church parking lot located on the northwest corner of Calder and Willow Streets. • Apply a 2-inch hot mix asphaltic concrete overlay to the existing asphalt parking lot remaining after the taking. The overlay includes cleaning and sealing of the existing surface and installation of a protective fabric. • Disconnect and remove existing parking lot poles. • Provide and install four (4) new light poles. • Stripe the parking lot. • Install a concrete driveway on Willow Street. • Provide and install softscape materials and beds to comply with the City's landscaping ordinance. Page 4 of 7 Minutes-June 20,2006 • Demolish existing masonry brick building. • Install limestone base and 2-inch hot mix asphalt where building was removed. • Provide electrical service to the parking lot lights. (Church will be responsible for the operation of the lights.) Additionally, the Church will be allowed to use the City parking lot after normal business hours and conversely, the City would be allowed to use the Church's parking lot if needed. The estimated cost of the parking lot improvements is approximately$120,000. The total value of the land, including diminution in value to the remaining property, is $112,750. Councilmember Ames made a motion to APPROVE RESOLUTION 06-187 THATTHE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT WITH FIRST BAPTIST CHURCH (HEREINAFTER "CHURCH") WHEREIN CHURCH AGREES TO CONVEY APPROXIMATELY 0.48 ACRES TO THE CITY OF BEAUMONT FOR THE NEW CONVENTION AND VISITORS BUREAU BUILDING AND PARKING LOT IN CONSIDERATION FOR IMPROVEMENTS TO CHURCH'S PARKING LOT. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE MAYOR PRO TEM BEAULIEU- CONGRATULATED AUDWIN[SAMUEL]ON A JOB WELL DONE THIS YEAR; THANKED COUNCIL FOR THE HONOR OF BEING ELECTED TO SERVE AS MAYOR PRO TEM COUNCILMEMBER AMES- THANK YOUTOAUDWIN[SAMUELS]AND CONGRATULATIONS TO NANCY [BEAULIEU] COUNCILMEMBER SAMUEL - AS VICE-CHAIR OF THE PUBLIC SAFETY & CRIME PREVENTION STEERING COMMITTEE OF THE NATIONAL LEAGUE OF CITIES, HE GAVE AN UPDATE ON THE COMMITTEE'S RECOMMENDATIONS TO THE NLC WHICH HAD A PRIMARY FOCUS ON HOMELAND SECURITY AND FEMA COUNCILMEMBER PATTERSON - CONGRATULATED ALL THE HONOREE'S WHO RECEIVED A PROCLAMATION TODAY; RESCHEDULED THE NEIGHBORS IN THE PARK AND CONCERT IN THE PARK AT SPROTT PARK TO JULY 2 Page 5 of 7 Minutes-June 20,2006 CITY ATTORNEY COOPER - NONE MAYOR GOODSON - STATED THE CITY IS GOING TO PARTNER WITH THE SOCIAL SECURITY ADMINISTRATION IN THEIR NATIONAL CAMPAIGN TO"GO DIRECT";THANKED COUNCILMEMBER SAMUEL FOR REPRESENTING THE CITY AT THE NATIONAL LEAGUE OF CITIES; GAVE A LIST OF SUGGESTED ITEMS TO BE DISCUSSED AT THE WORKSHOP SESSION TO BE HELD NEXT TUESDAY INSTEAD OF THE REGULAR COUNCIL MEETING CITY MANAGER HAYES - ANNOUNCED THAT THE WORKSHOP WOULD BE HELD NEXT TUESDAY,JUNE 27,2006 ATTHE TEXAS ENERGY MUSEUM, UPSTAIRS IN THE CONFERENCE ROOM WITH LUNCH STARTING AT 11:30 A.M. AND THE FIRST ITEM TO START AROUND 12:15 P.M. Public Comments (Persons are limited to three minutes) Roberto C. Flores, Sr. 2425 Buchanan Beaumont TX Asked that Council support their decision regarding the smoking ordinance Gwendolyn Westbrook 1075 Sherman Street Beaumont TX Very concerned about the drug traffic and recent shootings in her neighborhood; requested additional police assistance as well as assistance from the Task Force Cindy Meyers 6440 Caswell Road Beaumont TX Proposed Animal Cruelty Ordinances for the City of Beaumont; prepared a handout for Council and provided copies of photos of abused animals; would like these proposed changes made so that the Police Department could enforce criminal actions against those who abuse animals Also in support of the proposed animal cruelty, the following people spoke in support of these changes: Joyce Kean 255 College Beaumont TX Tina Lewallen Beaumont Police Officer Ann Manes District Attorney's Office Each of the proposed sections of the ordinance was discussed in detail and examples given of the cruelty in Beaumont Open session of meeting recessed at 2:35 p.m. Page 6 of 7 Minutes-June 20,2006 EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Eastex Waste Systems, Inc. There being no action taken in Executive Session, Council adjourned. Audio tapes a available upon request in the City Clerk's Office. Guy N. Goodson, Mayor �I IWO Rose An Jones, TRMC City Clerk 01, Page 7 of 7 Minutes-June 20,2006