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Home My WebLink AboutMIN AUG 01 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 Tern,Ward II Audwin Samuel,Ward III August 1, 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 August 1, 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. Pastor James Blackwell of South Park Baptist Church gave the invocation. Councilmember 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 Tem Beaulieu, Councilmembers Smith, Cokinos, Ames, Samuel and Patterson. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions "National Night Out Against Crime" - August 1, 6:00 to 8:00 p.m. at Central Park, sponsored by the Beaumont Police Department - Chief Coffin gave an open invitation to the Community. Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda. None CONSENT AGENDA Approval of minutes - Minutes of July 25, 2006 Confirmation of committee appointments - None A) Approve a bid for the purchase and installation of modular shelving for the Water Utilities Department - Resolution 06-216 B) Authorize the City Manager to execute a Quitclaim Deed quitclaiming the City's right to a Drainage Easement to CN&B Development Group, L.L.C. - Resolution 06-217 Minutes-August 1,2006 C) Authorize the City Attorney to file and prosecute a lawsuit against Local 399, International Association of Fire Fighters for the judicial review of the Opinion and Award of M. Zane Lumbley, Interest Arbitrator - Resolution 06-218 Mayor Pro Tern Beaulieu made a motion to approve the Consent Agenda. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, COKINOS, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider authorizing the issuance of City of Beaumont, Texas, Waterworks and Sewer System Revenue Refunding Bonds, Series 2006; authorizing the execution of a bond purchase agreement: and containing other matters related thereto - Ordinance 06-045 Administration recommended approval of an ordinance authorizing the issuance of City of Beaumont, Texas, Waterworks and Sewer System Revenue Refunding Bonds, Series 2006; authorizing the execution of a bond purchase agreement; and containing other matters related thereto. In August 2002, the City issued $30 million in adjustable rate bonds that were privately placed with JP Morgan. $29,530,000 remain outstanding on these bonds which were fixed for initial rate periods which will end on 9/1/06 and 9/1/07. Although the adjustable rate debt has produced a lower interest cost to the City than a fixed rate would have over the past few years, the current interest rate environment makes it more advantageous for the City to move to a long term fixed rate at this time. JP Morgan has agreed to release all debt outstanding on 9/1/06. Morgan Keegan & Co., Inc., Estrada Hinojosa & Co., Inc., Coastal Securities, First Southwest Company and Lasalle Financial Services were selected to provide underwriting services on the above mentioned refunding bonds. The revenue bonds will mature September 1, 2007 through September 1, 2023 with interest payable semiannually in March and September beginning March 1, 2007. JP Morgan Chase Bank, N.A.. will serve as paying agent/registrar. Delivery and receipt of proceeds by the City is scheduled for September 1, 2006. Proceeds will be used to refund the 2002 adjustable rate revenue bonds. All debt shall be incurred in the Water Fund which is supported by revenues of the waterworks and sewer system. Page 2 of 6 Minutes-August 1,2006 Councilmember Samuel moved to ADOPT ORDINANCE 06-045 AUTHORIZING THE ISSUANCE OF THE CITY OF BEAUMONT,TEXAS,WATERWORKS AND SEWER SYSTEM REVENUE REFUNDING BONDS, SERIES 2006;AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT;AND CONTAINING OTHER MATTERS RELATED THERETO. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, COKINOS, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 2. Consider authorizing the City Manager to apply for and receive funding through the Department of Homeland Security Port Security Grant Program - Resolution 06-219 Administration recommended authorizing the City Managerto apply for and receive funding through the Department of Homeland Security Port Security Grant Program. The Department of Homeland Security Port Security Grant Program can be utilized to enhance the security of the Port of Beaumont which has been designated as critical to national infrastructure. Application criteria provides potential for waiver of cash match funds based on undue hardship on the community. Beaumont's position within a presidentially declared disaster district makes our waiver request optimal. The City Manager has written a letter to the Secretary of the Department of Homeland Security in order to possibly obtain a waiver for the 25% cash match requirement based on our disaster recovery efforts. The grant funds would be used for the purchase of portable radios, laptop computer, tactical vests and infrared cameras. Total project cost is $1,135,050. If a waiver is granted, no matching funds will be required from the city; otherwise, the City of Beaumont would be responsible for $283,762.50 of the above listed funding amount. If the waiver is not granted, a recommendation will be made to the Council to possibly use seized funds or Capital Reserve funds. Councilmember Cokinos made a motion to APPROVE RESOLUTION 06-219 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPLY FOR AND RECEIVE FUNDING IN THE AMOUNT OF$1,135,050 THROUGH THE DEPARTMENT OF HOMELAND SECURITY PORT SECURITY GRANT PROGRAM . Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, COKINOS, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider a request to abandon a 10' x 100' portion of a 30' wide drainage and utility easement along the rear of the property at 4230 Pierre - Ordinance 06-046 Page 3 of 6 Minutes-August 1,2006 Administration recommended approval of the request to abandon a 10' x 100' portion of a 30' wide drainage and utility easement along the rear of the property at 4230 Pierre subject to the moving of any utilities which shall be at the cost of the property owner. James and Naomi Carter are requesting the abandonment of the south 10' of a 30' wide drainage and utility easement along the rear of their property at 4230 Pierre. The Carters wish to install a swimming pool in their backyard. The original request was for abandoning the entire easement at the rear of their property. This item was sent to all interested parties. Water Utilities, AT&T, Time Warner and Entergy have facilities in this easement. However, all four entities have agreed to abandoning the south 10' of this easement. Since the location of the phone line has not been pinpointed, AT&T has stated that if the line is in the south 10' of the easement, the property owner must bear the cost for relocation of that line. At a Regular Meeting held July 17, 2006, the Planning Commission voted 5:0 to deny a request to abandon a 30'wide drainage and utility easement along the rear of the property at 4230 Pierre. Councilmember Patterson made a motion to ADOPT ORDINANCE 06-046 ENTITLED AN ORDINANCE ABANDONING A 10'X 1 00'PORTION OF A 30'WIDE DRAINAGE AND UTILITY EASEMENT LOCATED AT 4230 PIERRE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider approving a bid for the purchase of three (3) rubber track excavators for use in the Water Utilities Department - Resolution 06-220 Administration recommended the award of a bid to United Equipment Rentals in the amount of $119,230 for the purchase of three (3) rubber track excavators for the Water Utilities Department. Four (4) bids were received for furnishing two (2) small rubber track excavators rated at 7,000 pounds, and one (1) medium excavator rated at 10,000 pounds. The small excavators, used in the repair and maintenance of sewer lines, are narrow in design for use in limited space conditions, such as alleys and rights of way in residential areas. The Kubota models bid by Beaumont Tractor do not comply with bid specifications with regard to the overall maximum width of the machines, the hydraulic flow produced, and the cab design. The excess width reduces the unit's maneuverability, the reduced hydraulic flow limits auxiliary hydraulic equipment which can be attached to the unit, and the lack of a tilt cab limits technician access to the unit's hydraulic lines and controls. The smaller Case models quoted by Equipment Support Services do not meet specifications with regard to horsepower, engine displacement, digging depth, reach, and dump height and radius. Each of these negatively impact the unit's digging capability. The company Page 4 of 6 Minutes-August 1,2006 submitting the lowest bid meeting all specifications is United Equipment Rentals of Beaumont. The City currently has a total of sixteen (16) small and medium excavators in service with fourteen (14) being Takeuchi models used by Water Utilities. Because the City has a preponderance of Takeuchi units in service, parts compatibility and parts inventory should be considered when purchasing new units. The units will be delivered within 45 days of the order. United Equipment Rentals in Beaumont will perform all warranty work for the one (1) year warranty period. The small excavators will replace unit 5121, a 1996 Takeuchi excavator with 4,065 hours of service, and unit 5128, a 1997 Takeuchi with 4,302 service hours. The medium excavatorwill replace unit 5081, a 1995 Case with 6,600 service hours. The replaced units will be disposed of according to the City's surplus property policies. Funds for this expenditure are available in the Water Utilities Fund. Councilmember Cokinos made a motion to APPROVE RESOLUTION 06-220 THAT THE BID SUBMITTED BY UNITED EQUIPMENT RENTALS, BEAUMONT,TEXAS, FOR THE PURCHASE OF THREE (3) RUBBER TRACK EXCAVATORS FOR THE WATER UTILITIES DEPARTMENT IN THE AMOUNT OF $119,230 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED WORKSESSION Reviewed proposed amendments to the Animal Control Ordinance Ingrid Holmes, Public Health Director, presented the recommended changes to the Council. Some of the concerns were the enforcement issues, some of the language was subjective and needs to be tightened, burden on business property owners, evacuation allowances, unsupervised animals in cars, and tethering. Council was in favor of a stronger Animal Control Ordinance to be considered in several weeks. COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE MAYOR PRO TEM BEAULIEU - ENCOURAGED EVERYBODY TO PARTICIPATE IN THE NATIONAL NIGHT OUT AGAINST CRIME THIS TUESDAY NIGHT; ENCOURAGED CITIZENS TO BECOME ACTIVE IN THEIR NEIGHBORHOOD ASSOCIATIONS Page 5 of 6 Minutes-August 1,2006 COUNCILMEMBER COKINOS - NONE COUNCILMEMBER AMES - NONE COUNCILMEMBER SAMUEL- REMINDED EVERYBODY OF CONCERT IN THE PARK TO BE HELD SUNDAY, AUGUST 6 COUNCILMEMBER PATTERSON - NONE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR GOODSON - ALSO REMINDED EVERYBODY TO COME OUT TONIGHT(THIS TUESDAY)FOR THE NATIONAL NIGHT OUT AGAINST CRIME; FELT THAT THIS WOULD BE A GOOD TIME TO GET TO KNOW MORE ABOUT NEIGHBORHOOD ASSOCIATIONS AND TO GET INVOLVED Public Comments (Persons are limited to three minutes) Frank Kiefer 3190 Willowood Beaumont TX Spoke on the hazzards of using a cell phone at a gas pump station; concerned that drivers do not use their turn signals There being no further business, Council adjourned at 2:27 p.m. Audio to s re ayaolable upon request in the City Clerk's Office. IN Guy N. Goodson, Mayor �� QA \\11�(f i � Ill Rose Ann Jones, TRM j �' City Clerk Page 6 of 6 Minutes-August 1,2006