HomeMy WebLinkAboutMIN SEPT 26 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 September 26, 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 September 26,
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 8-18/Consent Agenda
Consent Agenda
Mayor Goodson called the council meeting to order at 1:30 p.m.
Pastor McLain of the West Tabernacle Missionary Church gave the invocation. Mayor Goodson
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,
Ames and Patterson. Absent: Councilmember Cokinos and Samuel. Also present were Kyle
Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk.
Proclamations, Presentations, Recognitions
"Alzheimer's Awareness Week in Beaumont"-September 24-30, 2006-Proclamation
read by Mayor Pro Tem Beaulieu; accepted by Debi Brozak
Public Comment: Persons may speak on scheduled agenda items 8-18/Consent Agenda.
None
CONSENT AGENDA
Approval of minutes - Minutes of September 19, 2006
Confirmation of committee appointments - Resolution 06-281
Sandy Pate would be appointed to the Community Development Advisory Committee. The term
would commence September 26, 2006 and expire September 25, 2008. (Councilmember Lulu
Smith)
Minutes-September 26,2006
A) Approve a resolution to reimburse Kinder Morgan Texas Pipeline for the adjustment of their
facilities on the Delaware Street Extension - Resolution 06-282
B) Authorize the City Manager to approve and execute a Memorandum of Understanding
(MOU) between the Federal Bureau of Investigations (FBI) and the Police Department
relating to use of the firearms training facility and funding to repair damage sustained
during Hurricane Rita - Resolution 06-283
C) Authorize the City Manager to execute an agreement with SESAC for the payment of
licensing fees - Resolution 06-284
D) Amend a funding agreement with Statewide Consolidated Community Development
Corporation ("Statewide") to reflect Villa de Lucas as the recipient of HOME funds -
Resolution 06-285
Councilmember Ames made a motion to approve the Consent Agenda. Mayor Pro Tern
Beaulieu seconded the motion.
AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH,
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 RS (Residential Single Family Dwelling) District at 2645 Liberty -
Ordinance 06-059
Administration recommended approval of a zone change from GC-MD (General
Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling)
District at 2645 Liberty.
Sherman &Sherman, Inc. is requesting a zone change from GC-MD(General Commercial
-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District. The
property is located at 2645 Liberty. The purpose of the zone change is to allow a
residential structure to be moved to the lot and occupied as a single family residence.
This property is located in the Oaks Historic District. In August, the Historic Landmark
Commission approved the moving of this house to the subject property.
At a Joint Public Hearing held September 18, 2006, the Planning Commission voted 7:0
to approve a zone change from GC-MD (General Commercial-Multiple Family Dwelling)
District to RS (Residential Single Family Dwelling) District at 2645 Liberty.
Page 2 of 19 Minutes-September 26,2006
Councilmember Smith moved to ADOPT ORDINANCE 06-059 ENTITLED AN ORDINANCE
AMENDING CHAPTER 30 OF THE CODE OR 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 FOR PROPERTY LOCATED AT 2645 LIBERTY,
BEAUMONT,JEFFERSON COUNTY,TEXAS,PROVIDING FORSEVERABILITY;PROVIDING FOR REPEAL
AND PROVIDING A PENALTY. Councilmember Ames seconded the motion.
AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH,
AMES AND PATTERSON
NAYS: NONE
MOTION PASSED
2. Consider a request for a zone change from RS(Residential Single Family Dwelling) District
to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use
permit to allow a wholesale garden supply tree storage business in a GC-MD-2 (General
Commercial-Multiple Family Dwelling-2) District for property at the corner of Fannin and
Edgemore.
Administration recommended denial of a request for a zone change from RS (Residential
Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family
Dwelling-2) District and a specific use permit to allow a wholesale garden supply tree
storage business in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District
for property at the corner of Fannin and Edgemore.
Helen Viator, the property owner, is requesting a zone change from RS (Residential Single
Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)
District and a specific use permit to allow a wholesale garden supply tree storage business
in a GC-MD-2 District. The property is located at the southeast corner of Fannin and
Edgemore.
Ms. Viator states that Robbie Tribble wishes to purchase the subject property from her so
that he can expand his nursery business. Mr. Tribble currently operates a plant nursery
on Sunnyside, north of Fannin. The subject property would be used to store trees. No
buildings would be constructed on the property.
The properties surrounding the subject property are residential or vacant.
At a Joint Public Hearing held September 18, 2006, the Planning Commission voted 8:0
to deny a request for a zone change from RS District to GC-MD-2 District and a specific
use permit to allow a wholesale garden supply tree storage business in a GC-MD-2 District
on property at the corner of Fannin and Edgemore.
Councilmember Ames made a motion to deny AN ORDINANCE 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 RS (RESIDENTIAL SINGLE
Page 3 of 19 Minutes-September 26,2006
FAMILY DWELLING)DISTRICT TO GC-MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)
DISTRICT FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF FANNIN AND EDGEMORE,
BEAUMONT,JEFFERSON COUNTY,TEXAS;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL
AND PROVIDING A PENALTY. Mayor Pro Tern Beaulieu seconded the motion.
AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH,
AMES AND PATTERSON
NAYS: NONE
MOTION PASSED
3. Consider a request for a zone change from RS (Residential Single Family Dwelling) District
to GC-MD (General Commercial-Multiple Family Dwelling) District and GC-MD-2 (General
Commercial-Multiple Family Dwelling-2) District for property in the 3600 block of Dowlen
Road - Ordinance 06-060
Administration recommended approval of a zone change from RS (Residential Single
Family Dwelling) District to GC-MD(General Commercial-Multiple Family Dwelling) District
for the north 0.444 acres of property and from RS (Residential Single Family Dwelling)
District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District forthe south
0.202 acres of property in the 3600 block of Dowlen Road.
Mark W. Whiteley & Associates is requesting a zone change to GC-MD (General
Commercial-Multiple Family Dwelling) District for 0.646 acres of land in the proposed
Metropolitan Park development on the old West End YMCA property. This zone change
would allow the development of the subject property in accordance with the overall master
plan. The zone change involves part of the condominium area.
The split in the zoning will correspond with the zoning that has already been approved for
the development.
At a Joint Public Hearing held September 18, 2006, the Planning Commission voted 8:0
to approve a zone change from RS (Residential Single Family Dwelling) District to GC-MD
(General Commercial-Multiple Family Dwelling) District for the north 0.444 acres of
property and from RS (Residential Single Family Dwelling) District to GC-MD-2 (General
Commercial-Multiple Family Dwelling-2) District for the south 0.202 acres of property in the
3600 block of Dowlen Road.
Mayor Pro Tern Beaulieu made a motion to ADOPT ORDINANCE 06-060 ENTITLED AN
ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND
IN PARTICULARTHE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THEZONING MAP
OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS
(RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT TO GC-MD(GENERAL COMMERCIAL-MULTIPLE
FAMILY DWELLING) DISTRICT FOR THE NORTH 0.444 ACRES AND CHANGING THE ZONING OF THE
SOUTH 0.202 ACRES PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT
TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY
LOCATED IN THE 3600 BLOCK OF DOWLEN ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS;
Page 4 of 19 Minutes-September 26,2006
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY.
Councilmember Smith seconded the motion.
AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH,
AMES AND PATTERSON
NAYS: NONE
MOTION PASSED
4. Consider a request to amend a specific use permit to allow a pharmacy to operate 24
hours a day at 3890 Phelan.
Administration recommended denial of a request for an amended specific use permit to
allow a pharmacy to operate 24 hours a day at 3890 Phelan.
Richard Bills has made application to amend a specific use permit that would allow the 24-
hour operation of an existing pharmacy in a GC-MD-2 (General Commercial-Multiple
Family Dwelling-2) District. The property is located at 3890 Phelan.
In February, 2005, the City Council approved a zone change from NC (Neighborhood
Commercial) District to GC-MD-2 and a specific use permit to allow a CVS Pharmacy on
the subject property. Due to traffic concerns at the corners of 23rd and Calder and Phelan
and concerns expressed by several residential property owners in Calder Place Addition
on what effect a pharmacy might have on their neighborhood, the specific use was
approved subject to several conditions, including hours of operation and delivery. The
store hours are restricted to 7 a.m. - 10 p.m., seven days a week and delivery hours are
not allowed between the hours of 7 a.m. - 9 a.m., 11 a.m. - 2 p.m. and 4 p.m. - 6 p.m.
Richard Bills is requesting that the specific use permit be amended to allow 24-hour
operation. He states that CVS would like to operate the store 24 hours a day to better
serve the public. No other changes are being requested.
Councilmember Ames made a motion to deny AN ORDINANCE ENTITLED AN ORDINANCE
AMENDING ORDINANCE NO. 05-018 APPROVING A SPECIFIC USE PERMIT TO ALLOW A PHARMACY
LOCATED AT 3890 PHELAN TO ALLOW THE PHARMACY TO OPERATE 24-HOURS PER DAY, SEVEN
DAYS PER WEEK. Councilmember Smith seconded the motion.
AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH,
AMES AND PATTERSON
NAYS: NONE
MOTION PASSED
5. Consider a request for a specific use permit to allow a recreational vehicle park in an LI
(Light Industrial) District at 6800 S. Major.
Council agreed to defer this item for one week.
Page 5 of 19 Minutes-September 26,2006
6. Consider a request for an amended specific use permit to allow the expansion of an
existing washateria in an RCR (Residential Conservation and Revitalization) District at
4639 Highland Avenue - Ordinance 06-061
Administration recommended approval of an amended specific use permit to allow the
expansion of an existing washateria in an RCR (Residential Conservation and
Revitalization) District at 4639 Highland Avenue.
Johnny Huynh is applying for an amended specific use permit to allow the expansion of an
existing washateria at 4639 Highland.
In January, 2005, the City Council approved a specific use permit to allow the operation
of an 1,870 sq. ft. washateria and related parking. This specific use permit was approved
with a modification to the landscaping requirements.
The proposed amendment will include an additional 780 sq. ft. of space added to the rear
of the washateria, the demolition of an existing 2 story garage apartment and an additional
5 parking spaces.
At a Joint Public Hearing held September 18, 2006, the Planning Commission voted 8:0
to approve an amended specific use permit to allow the expansion of an existing
washateria in an RCR (Residential Conservation and Revitalization) District at 4639
Highland Avenue.
Councilmember Smith made a motion to ADOPT ORDINANCE 06-061 ENTITLED AN ORDINANCE
AMENDING ORDINANCE NO.05-004 GRANTING A SPECIFIC USE PERMIT TO ALLOW A LAUNDROMAT
IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 4639
HIGHLAND, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, TO ALLOW AN ADDITIONAL
780 SQ. FT. [1,870 SO. FT.TOTAL]OF SPACE TO BE ADDED TO THE REAR OF THE LAUNDROMAT,
DEMOLITION OF AN EXISTING 2-STORY GARAGE APARTMENT AND AN ADDITIONAL FIVE(5)PARKING
SPACES. Mayor Pro Tern Beaulieu seconded the motion.
AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH,
AMES AND PATTERSON
NAYS: NONE
MOTION PASSED
7. Consider a request to amend the Zoning Ordinance, Section 30-24 (B), Permitted Use
Table,to temporarily require a specific use permit for all uses in the CBD(Central Business
District) - Ordinance 06-062
Administration recommended approval of a request to amend the Zoning Ordinance,
Section 30-24 (B), Permitted Use Table, to temporarily require a specific use permit for all
uses in the CBD (Central Business District).
The City of Beaumont is beginning the process of formulating a Downtown Plan for the
Central Business District. For the purposes of this plan, the boundaries of the planning
area are IH-10 on the north, the Neches River on the east, Blanchette on the south, M.L.
King, Jr. Parkway on the west, Calder on the north and Magnolia on the west.
Page 6 of 19 Minutes-September 26,2006
Due to a concern that incompatible land uses might be introduced to the Central Business
District before the plan and any resulting Zoning Ordinance amendments are completed
and adopted, staff is recommending that Section 30-24 (B), the Permitted Use Table, be
amended to require a specific use permit for all uses in the CBD (Central Business
District) zoning district.
At a Joint Public Hearing held September 18, 2006, the Planning Commission voted 7:0
to approve a request to amend the Zoning Ordinance, Section 30-24 (B), Permitted Use
Table, to temporarily require a specific use permit for all uses in the CBD(Central Business
District).
Councilmember Smith made a motion to ADOPTORDINANCE 06-062 ENTITLEDAN ORDINANCE
AMENDING CHAPTER 30,ARTICLE VI,SECTION 30-24(B),PERMITTED USE TABLE,OF THE CODE OF
ORDINANCES OF THE CITY OF BEAUMONT TO REQUIRE A SPECIFIC USE PERMIT FOR ALL USES IN
THE CBD (CENTRAL BUSINESS DISTRICT ; PROVIDING FOR REPEAL AND PROVIDING A PENALTY.
Mayor Pro Tern Beaulieu seconded the motion.
AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH,
AMES AND PATTERSON
NAYS: NONE
MOTION PASSED
8. Consider a request to abandon the 20' alley in Block 12, McFaddin 2nd Addition between
2nd and 3rd streets - Ordinance 06-063
The Administration recommended approval of the requestto abandon the 20'alley in Block
12, McFaddin 2"d Addition between 2nd and 3rd streets subject to retaining a 20' wide
general utility easement.
George and Sandra Bullington, Gilbert Adams and St. Giles Living Centers, Inc. are
requesting the abandonment of the 20' wide alley in Block 12, McFaddin 2nd Addition. All
but two property owners within this block would like the alley abandoned.
The applicants state that over the past few years, there has been an increase in the
number of vagrants and street people wandering through the alley. There have been
several instances of graffiti and broken windows. Over the past year, adjacent property
owners are now having extensive vandalism to vehicles along with theft from properties
and vehicles.
At a Regular Meeting held September 18, 2006, the Planning Commission voted 7:0:1 to
approve a request to abandon the 20' alley in Block 12, McFaddin 2nd Addition between 2nd
and 3rd streets subject to retaining a 20' wide general utility easement.
Councilmember Ames made a motion to ADOPT ORDINANCE 06-063 ENTITLED AN ORDINANCE
ABANDONING A 20' ALLEY IN BLOCK 12, MCFADDIN 2ND ADDITION BETWEEN 2ND AND 3RD
STREETS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Beaulieu
seconded the motion.
Page 7 of 19 Minutes-September 26,2006
AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH,
AMES AND PATTERSON
NAYS: NONE
MOTION PASSED
9. Administration recommended approval of a resolution concerning the issuance of
Certificates of Obligation or other tax exempt obligations to finance street and drainage
improvements, building renovations, equipment and other capital improvements and
provide for the reimbursement of costs incurred prior to issuance - Resolution 06-286
A maximum of $35 million in Certificates of Obligation is expected to be issued in
November or December, 2006 to fund various public works and general improvements
projects. It is necessary to incur some of the costs associated with these projects prior to
the issuance of the obligations. It is the intent of the City to reimburse itself out of the
proceeds of the obligations for all such costs which are paid prior to issuance. These costs
shall include fees paid for engineering and other professional services, acquisition costs
associated with obtaining materials and property, and construction and development costs
on upcoming projects such as downtown improvements on Willow and Park, detention
facility, hike & bike trail, and installation of illuminated street markers.
All debt and related expenses shall be incurred by the Debt Service Fund which is
supported by property taxes.
Mayor Pro Tern Beaulieu made a motion to APPROVE RESOLUTION 06-286 CONCERNING
ISSUANCE OF CERTIFICATES OF OBLIGATION OR OTHER TAX EXEMPT OBLIGATIONS TO FINANCE
BUILDING RENOVATIONS, EQUIPMENT AND OTHER CAPITAL PROJECTS. Councilmember Smith
seconded the motion.
AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH,
AMES AND PATTERSON
NAYS: NONE
MOTION PASSED
10. Consider approving a one year contract with McGriff, Seibels & Williams of Texas, Inc. for
Employee Benefits Broker/Consulting services - Resolution 06-287
Administration recommended council award to McGriff, Seibels & Williams of Texas, Inc.
a one year contract with an optional annual renewal not to exceed two additional years.
The annual fee quoted is effective October 1, 2006 and the extension of the contract will
be on a year-to-year basis to a maximum of three years if it is determined to be in the best
interest of the City.
The Employee Benefits Division of the Finance Department sought proposals from
qualified licensed brokers/consultants to provide employee planning, consulting and
Page 8 of 19 Minutes-September 26,2006
brokerage services in the areas of plan design, administration of contracts, plan renewal
and the overall maintenance and administration of the City's medical, dental, life and
accidental death and dismemberment, supplemental life insurance, long-term disability,
employee assistance program,flexible benefit plans along with other agreed upon projects.
In July 2006, City staff requested proposals to provide the City with Employee Benefits
Broker/Consulting services. The City received seven proposals which ranged from annual
costs of $40,000 to $165,000. City staff recommends awarding the contract to McGriff,
Seibels & Williams of Texas, Inc. because of their wide range of health and welfare
brokerage and consulting services offered.
Appropriation of funds is available in the Employee Benefits Fund.
Councilmember Smith made a motion to APPROVE RESOLUTION 06-287 THAT THE BID
SUBMITTED BY MCGRIFF, SEIBELS & WILLIAMS OF TEXAS, INC. FOR A ONE YEAR CONTRACT,
EFFECTIVE OCTOBER 1, 2006, WITH AN OPTIONAL ANNUAL RENEWAL NOT TO EXCEED TWO
ADDITIONAL YEARS FOR EMPLOYEE BENEFITS BROKER/CONSULTING SERVICES IN THE ANNUAL
AMOUNT OF $40,000 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Ames
seconded the motion.
AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH,
AMES AND PATTERSON
NAYS: NONE
MOTION PASSED
11. Consider approving the purchase of one (1) compactor for use at the landfill - Resolution
06-288
Administration recommended the purchase of one (1) compactor from Mustang Tractor
and Equipment Company of Beaumont in the amount of $532,719 for the Public Works
Department, Solid Waste Landfill Division. The purchase will be made through the Texas
Association of School Boards (TASB) Buyboard cooperative purchasing program. The
Texas Local Government Purchasing Cooperative, administered by TASB, complies with
all state bidding statutes. Membership with Buyboard allows municipalities to purchase
items from their contracted vendors.
Two (2) compactors are normally available for service at the landfill and are utilized to
compact refuse in order to maximize available landfill space. A compactor will reduce
waste at the approximate rate of 3 to 1; i.e., 3 cubic yards of refuse compacts to
approximately 1 cubic yard of landfill space. At present, both compactors are out of
service; one (1), a 2002 Caterpillar,was destroyed by fire while in service August 25, 2006,
and the other is being equipped with a new engine. The new compactor will replace the
burned unit, and the existing unit will serve as backup. Compaction is currently being
performed by use of dozers, which do not perform the task adequately.
The wheels and blade from the destroyed unit remain in good working order and will be
installed by the vendor onto the new compactor; resulting in savings of approximately
$120,000. The compactor will be delivered within 15-20 weeks.
Page 9 of 19 Minutes-September 26,2006
Funding for the expenditure will be provided through a lease purchase agreement.
An amendment to the FY2007 budget will be necessary to appropriate funds for purchase
of this compactor by lease. Because the previous compactor was destroyed after the
budget was submitted, this expenditure was not anticipated in the FY2007 budget.
Mayor Pro Tern Beaulieu made a motion to APPROVE RESOLUTION 06-288 THAT THE CITY
COUNCIL HEREBY APPROVES THE PURCHASE OF ONE(1)COMPACTOR FOR USE AT THE LANDFILL,
PUBLIC WORKS DEPARTMENT, SOLID WASTE LANDFILL DIVISION, IN THE AMOUNT OF $532,719
FROM MUSTANG TRACTOR AND EQUIPMENT COMPANY, BEAUMONT, TEXAS, A CONTRACTED
VENDOR OF THE TEXAS ASSOCIATION OF SCHOOL BOARDS (TASB) BUYBOARD COOPERATIVE
PURCHASING PROGRAM. Councilmember Smith seconded the motion.
AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH,
AMES AND PATTERSON
NAYS: NONE
MOTION PASSED
12. Consider approving the purchase of one (1) hazardous materials response unit for use by
the Fire Department - Resolution 06-289
Administration recommended the purchase of one (1) hazardous materials (haz-mat)
response unit from Dooley Tackaberry, Inc., through the Houston-Galveston Area Council
(H-GAC)cooperative purchasing program. The total cost of the unit is$399,547, including
an H-GAC administrative fee of $2,000.
The haz-mat unit will provide a comprehensive tactical vehicle for Beaumont Fire
Department personnel responding to situations involving hazardous or unknown
substances. Upon response to an incident scene, the haz-mat team's responsibility is to
identify the suspect substance, assess the human and environmental risk, react with
emergency containment measures when necessary,decontaminate any persons exposed
to hazardous materials, and arrange for their transport to an appropriate treatment facility.
The truck will contain a work center located in the rear of the cab which will house a
permanent work desk, communication equipment, haz-mat reference materials, and
sufficient twelve (12) volt power connections to operate laptop computers and other
necessary electrical devices.
This unit will replace a 1985 step van which is currently used to transport the haz-mat team
and associated equipment. Much of the response equipment is currently stored on a
trailer, which must be towed by a separate vehicle to the site. This unit will centralize the
City's haz-mat response assets in a single vehicle.
The trailer will be ordered from H-GAC's contracted vendor, Dooley Tackaberry, Inc. of
Beaumont. Delivery time is estimated to be approximately nine (9) months.
Funding will be provided by a 2005 State Homeland Security Program (SHSP) grant. The
grant requires no matching funds.
Page 10 of 19 Minutes-September 26,2006
Councilmember Smith made a motion to APPROVE RESOLUTION 06-289 THAT THE CITY
COUNCIL HEREBY APPROVES THE PURCHASE OF ONE (1) HAZARDOUS MATERIALS (HAZMAT)
RESPONSE UNIT FROM DOOLEY TACKABERRY, INC. THROUGH THE HOUSTON-GALVESTON AREA
COUNCIL (H-GAC) COOPERATIVE PURCHASING PROGRAM IN THE AMOUNT OF $399,547.
Councilmember Ames seconded the motion.
AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH,
AMES AND PATTERSON
NAYS: NONE
MOTION PASSED
13. Consider authorizing the City Manager to increase the Proposed 2 MG Elevated Water
Tank at Dishman Road Project amount for "extra work" - Resolution 06-290
Administration recommended approval of increasing the Proposed 2 MG Elevated Water
Tank at Dishman Road Project amount by $114,489.00. The proposed changes will
reduce the size of the overflow line from 24 inches to 16 inches, reduce the size of the
drain line from 24 inches to 12 inches and reduce the size of the access tube from 6 feet
to 5 feet. The proposed change order will increase the total contract amount by 3.96%.
The soil testing conducted prior to construction reflected a weaker soil than the test
performed during the design phase. Based on this information,the engineer recommended
an increase in the number of pilings and their depth.
Funds for the project are available in the Capital Program.
Councilmember Patterson made a motion to APPROVE RESOLUTION 06-290 THAT THE CITY
MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO.1 INCREASING THE
CONTRACT AMOUNT BY $114,489 FOR A TOTAL AMOUNT OF $2,892,489 FOR PROPOSED 2 MG
ELEVATED WATER TANKATTHE DISHMAN ROAD PROJECT. Mayor Pro Tern Beaulieu seconded
the motion.
AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH,
AMES AND PATTERSON
NAYS: NONE
MOTION PASSED
14. Consider approving an ordinance allowing for an additional six (6) months for the parking,
use and occupancy of recreational vehicles and travel trailers on residential property as
temporary living quarters by property owners while the damage to these properties caused
by Hurricane Rita is being repaired - Ordinance 06-064
The Administration recommended approval of an ordinance allowing for an additional six
(6) months for the parking, use and occupancy of recreational vehicles and travel trailers
Page 11 of 19 Minutes-September 26,2006
on residential property as temporary living quarters by property owners while the damage
to these properties caused by Hurricane Rita is being repaired.
Due to extensive property damage caused by Hurricane Rita, on October 11, 2005, City
Council approved Ord. No. 05-078 which allows residents to park, use and occupy
recreational vehicles and travel trailers on their properties while repairs to their homes are
being made. This ordinance specified a time frame of six (6) months. On April 4, 2006,
the City Council approved Ord. No. 06-021, granting a six(6) month extension. However,
due to many unresolved issues, there are still a large number of individual property owners
who are unable to get back in their homes. Allowing the continued use of recreational
vehicles and travel trailers as living quarters for an additional six(6) months would benefit
those whose homes are still under construction. It would be in the best interest of these
residents to allow them to remain close to their properties during this time of repair. It not
only allows them to protect their property by being there, but also allows them to remain
in the City of Beaumont while their properties are being repaired.
At a Public Hearing held on October 11, 2005, the City Council approved Ord. No. 05-078
allowing for a period of six (6) months the parking, use and occupancy of recreational
vehicles and travel trailers on residential property as temporary living quarters by property
owners while the damage to these properties caused by Hurricane Rita is being repaired.
By approving Ord. No. 06-021 on April 4, 2006, the City Council extended this time period
for six months.
Councilmember Ames made a motion to ADOPT ORDINANCE 06-064ENTITLEDAN ORDINANCE
EXTENDING FOR A PERIOD OF SIX (6) MONTHS THE PARKING, USE AND OCCUPANCY OF
RECREATIONAL VEHICLES OR TRAVEL TRAILERS AS TEMPORARY LIVING QUARTERS ON
RESIDENTIAL PROPERTY DURING THE PERIOD OF REPAIR OR RECONSTRUCTION OF DAMAGE TO
PROPERTY CAUSED BY HURRICANE RITA; PROVIDING FOR SEVERABILITY; AND PROVIDING A
PENALTY. Councilmember Patterson seconded the motion.
AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH,
AMES AND PATTERSON
NAYS: NONE
MOTION PASSED
15. Consider approving a contract for debris removal associated with a hurricane or other
natural disaster- Resolution 06-291
Administration recommended award of contracts for disaster debris removal services to
Crowder-Gulf Disaster Debris Management of Theodore,Alabama,AshBritt Environmental
of Pompano Beach, Florida and DRC Emergency Services of Mobile, Alabama.
Eight (8) proposals were received on Thursday, August 2, 2006 for furnishing all labor,
materials and equipment for debris removal in the event of a disaster. Bid specifications,
prepared by Beck Disaster Recovery, Inc.(Beck), included disaster debris removal,
Page 12 of 19 Minutes-September 26,2006
reduction, disposal, and other emergency clean-up activities associated with a hurricane
or other natural disaster.
Specifications allowed the contract to be awarded to one or more vendors as determined
by the City. The three (3) year contract includes an option to renew for two one year terms
with increases based on the Houston-Galveston-Brazoria Consumer Price Index.
Rates were based on quantities of materials removed after Hurricane Rita.
Total projected cost based on estimated quantities ranged from $39,696,500 to
$64,000,000. All of the companies submitting proposals had considerable experience in
disaster recovery.
It was determined that the company offering the best value to the City was Crowder-Gulf
Disaster Debris Management of Theodore, Alabama. They have extensive background
in disaster debris management and the financial resources to insure that equipment and
sub-contractors will be available to the City in the event of a disaster. Crowder-Gulf is
recommended as the City's primary contractor.
Secondary contracts with AshBritt Environmental of Pompano Beach, Florida and DRC
Emergency Services of Mobile, Alabama are recommended should there be unforseen
circumstances that would prevent Crowder-Gulf from performing the needed disaster
management services. They too have the financial resources and background to provide
the services as required.
A pre-positioned disaster debris removal contract provides the City with the resources
needed in the event of a disaster. Additionally, the City remains in control of the debris
removal project and the pre-positioned contract with competitively bid rates meets the
Federal Emergency Management Agency's criteria for reimbursement.
There is no cost to the City until the contract is activated in the event of a disaster.
Mayor Pro Tern Beaulieu made a motion to APPROVE RESOLUTION 06-291 THAT THE BID
SUBMITTED BY CROWDER-GULF DISASTER DEBRIS MANAGEMENT,THEODORE,ALABAMA SHOULD
BE ACCEPTED AS THE PRIMARY CONTRACTOR; AND THE BIDS SUBMITTED BY ASHBRITT
ENVIRONMENTAL,POMPANO BEACH,FLORIDAAND DRC EMERGENCY SERVICES,MOBILE,ALABAMA,
BE ACCEPTED AS SECONDARY CONTRACTORS, IN THE TOTAL COSTS BASED ON ESTIMATED
QUANTITIES FOR A THREE (3) YEAR CONTRACT WITH AN OPTION TO RENEW FOR TWO ONE-YEAR
TERMS WITH INCREASES BASED ON THE HOUSTON-GALVESTON-BRAZORIA CON SUMER PRICE INDEX
BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion.
AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH,
AMES AND PATTERSON
NAYS: NONE
MOTION PASSED
Page 13 of 19 Minutes-September 26,2006
16. Consider approving a contract for a security system at Lawson's Pump Station -
Resolution 06-292
Administration recommended approval of a contract with B.L. Technology of Houston,
Texas in the amount of$82,631.90 for the construction of Lawson's Intrusion Monitoring
System. The project will install a fence disturbance system, close circuit dome television
cameras, digital recorder, electrical wiring and appurtenances, door sensors for the
electrical and generator buildings and wireless radios.
The MBE goal will be met at 100% as B.L. Technology is a certified MBE firm.
Lawson's Pump Station was rehabilitated in 2002 and is an unmanned remote site. The
Vulnerability Assessment Study of the water distribution system identified Lawson's Pump
Station as the second most critical asset to the Water Department. The proposed
additions will provide security and a first line of defense to the site against any possible
attacks.
Funds for the project are available in the Water Utilities Non-Operational Budget.
Mayor Pro Tern Beaulieu made a motion to APPROVE RESOLUTION 06-292 THAT THE BID
SUBMITTED BY B.L.TECHNOLOGY,HOUSTON,TEXAS,FOR A CONTRACT TO INSTALL AN INTRUSION
MONITORING SYSTEM AT THE LAWSON'S PUMP STATION IN THE AMOUNT OF $82,631.90 BE
ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion.
AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH,
AMES AND PATTERSON
NAYS: NONE
MOTION PASSED
17. Consider approving the purchase of remote visual inspection equipment for use by the
Police Department - Resolution 06-293
Administration recommended the purchase of a VideoProbe XL PRO remote visual
inspection system from GE Inspection Technologies of Flanders, NJ in the amount of
$33,465.
Purchase of the remote visual inspection system will allow the Police Department a tactical
advantage in a variety of situations such as detecting explosives in enclosed spaces,
searching for suspects in confined spaces, or conducting covert surveillance activities. The
equipment is being purchased in conjunction with othertactical law enforcement equipment
to facilitate an initiative by the U.S. Department of Homeland Security to protect and secure
critical infrastructure and key resource sites across the country.
Funding for this expenditure will be provided by the Buffer Zone Protection Plan Program
(BZPP) grant through the U.S. Department of Homeland Security Office of Domestic
Preparedness in the amount of $27,800 which requires no matching funds. Funding for
the balance of the purchase will be provided by the Confiscated Goods Fund in the amount
of$5,665.
Page 14 of 19 Minutes-September 26,2006
Councilmember Smith made a motion to APPROVE RESOLUTION 06-293 THAT THE BID
SUBMITTED BY GE INSPECTION TECHNOLOGIES,FLANDERS, NEW JERSEY,FOR THE PURCHASE OF
A VIDEOPROBE XL PRO REMOTE VISUAL INSPECTION SYSTEM FOR THE POLICE DEPARTMENT IN THE
AMOUNT OF $33,465 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Patterson
seconded the motion.
AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH,
AMES AND PATTERSON
NAYS: NONE
MOTION PASSED
18. Consider approving the renewal of an annual maintenance agreement for HTE, Inc.
Software support to be used by various City Departments - Resolution 06-294
Administration recommended payment for an invoice to HTE, Inc. for the renewal of an
annual maintenance agreement for software support in the amount of $90,845.
HTE, Inc. software is used by various City departments. The software maintenance
agreement provides for unlimited telephone support and up to three (3) software updates
during the annual term.
Last year the same number of applications was maintained at a cost of $84,980. The
increase this year is due to slight increases in maintenance costs from HTE, Inc. for all
applications.
Funding is budgeted for fiscal year 2007 as follows:
General Fund $58,935
Municipal Court Technology Fund 21,140
Water Fund 10,770
TOTAL: $90,845
Mayor Pro Tern Beaulieu made a motion to APPROVE RESOLUTION 06-294 THAT THE CITY
COUNCIL HEREBY APPROVES PAYMENT OF AN INVOICE IN THE AMOUNT OF $90,845 TO HTE, INC.
FOR RENEWAL OF AN ANNUAL MAINTENANCE AGREEMENT BEGINNING OCTOBER 1, 2006 FOR
SOFTWARE SUPPORT. Councilmember Patterson seconded the motion.
AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH,
AMES AND PATTERSON
NAYS: NONE
MOTION PASSED
Page 15 of 19 Minutes-September 26,2006
19. PUBLIC HEARING: Dangerous Structures
PUBLIC HEARING: Dilapidated Structures
Public Hearing convened at 2:25 p.m.
Public comments were made by the following people who personally appeared and
requested additional time to make repairs to their property.
Rev. J. D. Gregory 3411 Glenwood Beaumont TX
[comments were not related to this subject; see comments at end under Public
Comments]
John W. Joseph 1 5675 Downs Street Beaumont TX
#99 - Re: 3025 Washington Blvd. (Commercial)
Emma Kyles 3675 Blossom Drive Beaumont TX
#49 - Re: 1805 Glasshouse
James Nevill 2648 Forrest Beaumont TX
#43 - Re: 540 Fletcher
Pat Randall 575S. 4th Street Beaumont TX
#44 - Re: 575 S. 4th Street (Commercial);
On behalf of The Church of the Living God in Christ
Horace Terry 4865 Bolivar Beaumont TX
#73 - Re: 3464 Magnolia
Will Tinkle 390 Langham Road Beaumont TX
#23 - Re: 5195 Concord Road (Car Wash)
Doyle Turner 355 N. 1St Beaumont TX
#53 - Re: 2395 Grand/915 Live Oak
#69 - Re: 980 Live Oak (Commercial)
Michael Vaughn 1045 Bowie Street Beaumont TX
#9 - Re: 1065 Bowie
Ella Guidry 1750 Trinidad Beaumont TX
#74 - Re: 280 Manning
Robert Verde 7957 Tom Drive Beaumont TX
#18 - Re: 2949 College
Rev. Tommie G. Williams 1175 Isla Beaumont TX
#62 - Re: 1175 Isla (Commercial/Church)
Page 16 of 19 Minutes-September 26,2006
James Garcia 330 Threadneedle St. Beaumont TX
#77 - Re: 520 Orange (Commercial)
Adris Chaudhry 8095 Eastex Fwy Beaumont TX
#35 - Re: 8095 Eastex Freeway
Jane Langham 11025 Tanglehead Ct. Houston TX
#16 - Re: 320 College (Commercial)
#17 - Re: 330 College (Commercial Garage)
Fran M. Clark 4020 Stillton Beaumont TX
#91 - Re: 4020 Steelton
Arthur Berry 14 Dowlen Place Beaumont TX
#25 - Re: 805 Crockett (Commercial)
#26 - Re: 855 Crockett (Commercial)
Anna Herring 965 Peach Beaumont TX
#80 - Re: 965 Peach Street
Public hearing concluded at 3:40 p.m.
Consider approval of an ordinance declaring certain structures to be dangerous structures
and ordering their removal within 10 days or authorizing the property owner to enroll the
dangerous structure in a work program - Ordinance 06-065
Administration recommended City Council condemn these one hundred (100) structures
and order the owner to raze within the (10) days. Additionally, if the property owner of a
structure requests and is authorized by City Council to enroll in a work program, all
delinquent taxes shall be paid in full or a payment plan has to be established prior to the
enrollment in the work program. Enrollment in the work program shall occur within ten day
after the effective date of this ordinance.
It has been determined that these structures meet the definition of a dangerous structure
and have deteriorated to a condition that they are no longer considered suitable for repair.
City may incur the cost of demolition.
Mayor Pro Tern Beaulieu made a motion to ADOPT ORDINANCE 06-065 ENTITLE AN
ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR
DEMOLITION AND REMOVAL; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY.
Councilmember Patterson seconded the motion.
AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH,
AMES AND PATTERSON
NAYS: NONE
Page 17 of 19 Minutes-September 26,2006
MOTION PASSED
COUNCILMEMBER COMMENTS
COUNCILMEMBER PATTERSON- ATTENDED THE VOTEXAS PROGRAM; ENCOURAGED
EVERYBODY TO VOTE; GOOD EXPERIENCE FOR THE YOUTH
AND GOVERNMENT STUDENTS FROM THE L.L. MELTON
TEXAS YMCA YOUTH AND GOVERNMENT PROGRAM
COUNCILMEMBER AMES - NONE
MAYOR PRO TEM BEAULIEU - ATTENDED THE DEDICATION CEREMONY OF THE STATE
HISTORICAL MARKER FOR J. P. RICHARDSON "BIG
BOPPER"; ENCOURAGED EVERYBODY TO VISIT THE SITE AT
THE CEMETERY JUST OFF OF PINE
COUNCILMEMBER SMITH- NONE
CITY ATTORNEY COOPER - NONE
CITY MANAGER HAYES - NONE
MAYOR GOODSON - JOINED WITH BOBBI [PATTERSON] FOR THE VOTEXAS
PROGRAM ALONG WITH THE SECRETARY OF STATE TO HELP
MAKE VOTERS MORE EDUCATED WITH THE NEW PAPERLESS
VOTING MACHINES;ATTENDED THE 101ST BIRTHDAY PARTY
FOR ERMA DARLINGTON; THANKED TO SOME OF OUR
FRIENDS TO THE EAST IN LOUISIANA FOR PUTTING
TOGETHER A RECOVERY RITA PROGRAM OVER THE
WEEKEND ENDING WITH AN INTERFAITH SERVICE AT FORD
PARK; HAPPY TO BE WHERE WE ALL ARE TODAY AND HAPPY
THAT THERE WAS NO LOSS OF LIFE; ONCE AGAIN THANKED
ALL THOSE IN FIRE, POLICE, EMS, PUBLIC WORKS,
STREETS&DRAINAGE AND ALL OTHER DEPARTMENTS WHO
STAYED AND HELPED US TO GET WHERE WE ARE TODAY
Public Comments (Persons are limited to three minutes)
Rev. J. D. Gregory 3411 Glenwood Beaumont TX
[made these comments at the beginning of the public hearing listed above]
Would like to see the police have additional help
Page 18 of 19 Minutes-September 26,2006
Leroy Lewis 8550 Baker Street Beaumont TX
Ideas for City Council: thanked the City for recently demolishing the old building near
Magnolia Park; thanked the citizens of Beaumont and employees of the City; would like to
see more sidewalks and better city streets; would like to see BISD have their own police
department like Lamar does; would like to see more activities for the youth in the Civic
Center
Ray Winfield 2355 Clearview Street Beaumont TX
Concerned about a bill received for cutting grass on his property after he had already cut
it himself
Open session of meeting recessed at 4:05 p.m.
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with Section
551.071 of the Government Code:
City Magistrates
There being no action taken in Executive Session, Council adjourned.
Audio tape re available upon request in the City Clerk's Office.
Guy N. Goodson, Mayor
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Rose Ann Jones, T /
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City Clerk ,�Ij
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Page 19 of 19 Minutes-September 26,2006