HomeMy WebLinkAboutMIN MAY 13 2008 M I N U T E S - CITY OF BEAUMONT
W.L. Pate, Jr., At-Large BECKY AMES, MAYOR Gethrel Williams-Wright, At-Large
Dr. Alan B. Coleman, Ward 1 CITY COUNCIL MEETING Nancy Beaulieu, Ward 11
Audwin Samuel, Mayor Pro Tem, Ward 111 May 13, 2008 Jamie Smith,Ward IV
Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk
The City Council of the City of Beaumont, Texas, met in a regular session on May 13, 2008, 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 1-6/Consent Agenda
Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Reverend Dr. Harland Merriam of St. Andrews Presbyterian Church gave the invocation. Maxie
DeBlanc and Joe DeBlanc, Soldiers of the Salvation Army led the Pledge of Allegiance. Roll call was
made by Tina Broussard, City Clerk.
Present at the meeting were Mayor Ames, Mayor Pro Tern Samuel, Councilmembers Beaulieu,
Wright, Pate and Smith. Absent: Councilmember Coleman. Also present were Kyle Hayes, City
Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk.
Proclamations, Presentations, Recognitions
"Salvation Army Week" - May 12 - 18, 2008 - Proclamation read by Councilmember
Beaulieu; accepted by Maxie DeBlanc and Joe DeBlanc, Soldiers in the Salvation Army
"National Tourism Week" - May 10 - 18, 2008 - Proclamation ready by Councilmember
Pate; accepted by Representatives from the Beaumont Convention and Visitors Bureau
"Foster Care Month" - May, 2008 - Proclamation ready by Mayor Pro Tern Samuel;
accepted by Representatives from Buckner Children and Family Services
Mayor Ames announced the City's dedication of the Gulf Terrace Hike and Bike Trail on
Monday, May 19, 2008 at 5:30 p.m., located at 9420 Phelan Blvd.
Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda.
None
Minutes-May 13,2008
CONSENT AGENDA
Approval of minutes - May 6, 2008
Confirmation of committee appointments - None
A) Approve a contract for the purchase of traffic marking materials for use in the Transportation
Division - Resolution 08 - 140
B) Authorize the City Manager to execute a one(1)year term lease and maintenance agreement
with the Jefferson Theatre Limited Partnership for the Jefferson Theatre - Resolution 08 -
141
C) Approve a revision to the annual contract with Beaumont Products and Services, Inc. -
Resolution 08 - 142
D) Approve Change Order Numbers 1, 2 and 3 for additional work related to the installation of
a new air handler at City Hall - Resolution 08 - 143
E) Approve Change Order Numbers 6, 7 and 8 for additional work at Dr. Martin Luther King, Jr.
Memorial Park - Resolution 08 - 144
F) Authorize the City Manager to apply for and receive funding through the Target Law
Enforcement Grant Program - Resolution 08 - 145
G) Authorize the City Manager to execute letters of understanding with resources that would be
needed in the event of a declared disaster - Resolution 08 - 146
H) Authorize the execution of a License to Encroach Agreement for the installation of
underground fiber optics to serve offices at the Edison Building - Resolution 08 - 147
1) Authorize the acceptance of a ten(10)foot wide water line easement providing access for fire
prevention services for Sienna Trails Apartments and the construction,alteration, operation
and maintenance of the said water line and appurtenances - Resolution 08 - 148
J) Authorize the settlement of the claim of Doris Brown anf of Jonathan Brown, a Minor -
Resolution 08 - 149
Councilmember Beaulieu made a motion to approve the Consent Agenda. Councilmember
Pate seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS BEAULIEU,
WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Page 2 of 9 Minutes-May 13,2008
GENERAL BUSINESS
1. Consider approving a contract for concrete repair rehabilitation.
Administration recommended authorizing the award of a contract for Concrete Repair
Rehabilitation to ALLCO, Inc. of Beaumont in the amount of $4,280,266.65.
The estimated cost of the project prior to receipt of bids was $4,356,368.00.
MBE subcontracting is with the MBE firms of Crabtree Barricade Systems and Highway
Pavement Specialties in the amount of $145,550.00, representing 3.4% of the contract
amount.
Funds are available through the Capital Program.
Mayor Pro Tern Samuel moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BYALLCO,
INC.OF BEAUMONT IN THE AMOUNT OF$4,280,266.65 BE ACCEPTED BY THE CITY OF BEAUMONT.
Councilmember Beaulieu seconded the motion.
AYES: MAYOR AMES MAYOR PRO TEM SAMUEL COUNCILMEMBERS BEAULIEU
WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 08 - 150
2. Consider approving the purchase of a grinder for use at the City's Landfill.
Administration recommended approving the purchase of a grinder from Precision Husky of
Moody, Alabama in the amount of $484,175.
The grinder is used to convert yard waste into compost material.
There is currently one (1) grinder in service, a 1995 model, which will be disposed of
according to the City's surplus property policies when the new unit is fully functional.
Delivery is expected in 60 to 75 days.
Funds are budgeted in the Solid Waste Fund.
Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY
PRECISION HUSKY PROGRIND OF MOODY,ALABAMA IN THE AMOUNT OF$484,175 BE ACCEPTED
BY THE CITY OF BEAUMONT. Councilmember Beaulieu seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS BEAULIEU,
WRIGHT, PATE AND SMITH
Page 3 of 9 Minutes-May 13,2008
NAYS: NONE
MOTION PASSED
Resolution 08 - 151
3. Consider approving a contract for the 311 Citizen Call Center software.
Administration recommended authorizing
g t e award of a contract for the 311 Citizen Call
Center software to Hansen Information Technologies in the amount of$106,190.
The lowest bid was submitted by Hansen Information Technologies which covers software,
training, implementation, and travel expenses. The annual software maintenance is$4,500.
The Hansen solution meets the goals and objectives of the 311 Call Center to provide one
point of contact for all non-emergency requests for information and service over the web and
phone. The City plans to commence with the new service in September of 2008 with staff
working M-F from 8 to 5. The City will be able to extend service to 24 hours/7 days a week in
the future if the call volume warrants it. The 311 Call Center will improve overall service,
delivery quality and make information more readily available to all City departments, the
public, and the business community.
Funds are available in the FY08 Capital Reserve.
Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED
BY HANSEN INFORMATION TECHNOLOGIES OF RANCHO CORDOVA,CALIFORNIA IN THE AMOUNT OF
$106,190 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the
motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS BEAULIEU,
WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 08 - 152
4. Consider approving a contract for grounds maintenance services at Tyrrell Park.
Administration recommended awarding a contract to Perfect Cut Lawn Care of Beaumont,
with an estimated annual cost of $79,500.
Grounds maintenance at the 125-acre park includes weekly mowing,edging, and sweeping
during the growing season, March 1 through November 30. The non-growing season, requires
biweekly mowing. Daily litter removal is required throughout the year including weekends and
holidays.
Page 4 of 9 Minutes-May 13,2008
The Parks and Recreation Department is responsible for managing and monitoring contract
performance.
The new contract term is one (1)year begininning May 19, 2008 with an option to renew for
two(2)additional years including a percentage increase based on the Consumer Price Index.
Funds are available in the Parks and Recreation Department operating budget.
Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED
BY PERFECT CUT LAWN CARE OF BEAUMONT IN THE ESTIMATED COST OF$79,500 BE ACCEPTED
BY THE CITY OF BEAUMONT. Councilmember Pate seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS BEAULIEU,
WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 08 - 153
5. Consider amending Chapter 28 of the Code of Ordinances related to utilities.
Administration recommended approval of the amendments proposed for Chapter 28.
In accordance with the process that was put in place, the proposed changes to Chapter 28,
related to utilities, were provided to the City Council for review.
The recodification will cost an estimated $20,000. Funds are available in the FY 2008
Operating Budget.
Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
AMENDING CHAPTER 28,ARTICLE II, DIVISION 1, SECTIONS 28-20.1, 28-20.2,28.20.5, 28-20.6
AND 28-20.14, DIVISION 2, SECTIONS 28-21.1, 28-21.2, 28-21.3, SUBSECTION 28-21.6 (d),
SECTIONS 28-21.7 AND 28-21.9, DIVISION 3, SECTION 28-22.3, DIVISION 4, SECTIONS 28-23.2,
28-23.3 AND 28-23.4,DIVISION 5,SECTION 28-24.1,SUBSECTIONS 28-24.2(x),(b)AND(d),AND
SECTION 28-24.3, DIVISION 6, SECTIONS 28-40, 28-41, 28-43 AND 28-44, ARTICLE III,
SUBSECTIONS 28-51(a)AND(e),28-53(e),SECTION 28-55,SUBSECTIONS 28-56(x)AND(b),28-
57(b)(5), (c), (e), 0), (k), (1), (m), (n) AND (o), 28-58(b), (d)(1)AND (12), (e), (f)(2)AND (3),
(g)(1), (h), AND (i)(3)AND (4), 28-59(i)(2)C AND (q)(1)C, ARTICLE IV, SECTIONS 28-80, 28-21
AND SUBSECTION 28-87(x), ARTICLE V, SECTION 28-100 AND SUBSECTION 28-103(e)(3), AND
ARTICLE 28-112 THROUGH 28-115; AND REPEALING ARTICLE IV, SECTION 28-88, ARTICLE VI,
SECTIONS 28-116 THROUGH 28-120, AND ARTICLES VII, SECTIONS 28-130 THROUGH 28-140,
OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND
PROVIDING A PENALTY. Councilmember Beaulieu seconded the motion.
Page 5 of 9 Minutes-May 13,2008
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS BEAULIEU,
WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 08 - 040
6. Consider amending the FY 2008 Budget to appropriate fund balance for the demolition
program.
Administration recommended City Council amend the FY 2008 Budget to appropriate
$500,000 from the fund balance in the General Fund for the demolition of condemned
residential and commercial structures.
The City has had an aggressive condemnation program since Hurricane Rita. Currently,there
are 431 residential and 39 commercial structures tagged for demolition. To date in FY 2008,
there have been 162 residential structures and six(6)commercial structures demolished. In
past years,funds forthe demolition of condemned commercial and residential structures have
been appropriated in the Community Development Block Grant(CDBG)program. In the past
three years, the federal government has reduced the City's allotment of CDBG funding thus
reducing the money available for demolition. In planning for this reduction in funding,the FY
2008 Budget included$260,000 in the Community Development Department's budget in the
General Fund for demolition purposes. During FY 2008, it was determined by HUD that the
CDBG funding could not be used for commercial structures. Commercial structures require
environmental surveys and abatements which substantially increase the cost of demolition.
Currently,the average cost to demolish a commercial structure is$50,000, depending on the
size and amount of hazardous materials discovered. The average cost to demolish a
residential structure is $2,500. These costs have increased significantly in the years since
Hurricane Rita.
The factors have created the need for additional funding at this time in the amount of
$500,000 to further the demolition activities for FY 2008.
By the end of Fiscal Year 2008, fund balance in the General Fund is projected to be
approximately$25 Million, continuing to be strong as a result of very strong sales tax revenue.
The recommended appropriation of$500,000 will have minimal impact on the projected fund
balance.
Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
AMENDING ORDINANCE NO. 07-090 ADOPTING THE FISCAL BUDGET OF THE CITY OF BEAUMONT
FOR THE FISCAL YEAR 2008 TO APPROPRIATE$500,000 FROM THE GENERAL FUND BALANCE TO
THE GENERAL FUND TO FUND THE DEMOLITION OF CONDEMNED RESIDENTIAL AND COMMERCIAL
STRUCTURES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Mayor Pro Tern
Samuel seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS BEAULIEU,
WRIGHT, PATE AND SMITH
Page 6 of 9 Minutes-May 13,2008
NAYS: NONE
MOTION PASSED
Ordinance 08 - 041
WORKSESSION
• Review and discuss FEMA Trailers
Chris Boone, Community Development Director, discussed that in the wake of 2005's
Hurricane Rita, FEMA provided temporary housing to about 400 families in the form of travel
trailers. In Beaumont,travel trailers used as a residence are prohibited in neighborhoods by
the Zoning Ordinance. However, the City Council approved ordinances allowing the use of
these FEMA trailers until September,2007 to allow additional time for home repairs. At that
point, approximately 169 trailers remained and the City Council offered more time for those
who requested extensions. All extensions have now expired and of the 169 trailers originally
documented, twenty(20) remain. Of this twenty, three are awaiting Disaster Relief funding
from the State of Texas. The remaining seventeen (17)trailers continue to be occupied in
violation of the Zoning Ordinance.
As it is now more than two and a half years since the storm and as these dwellings rapidly
depreciate in value and can adversely affect surrounding neighborhoods, staff requested
consent to move forward with enforcing the Zoning Ordinance. This would be done under the
normal enforcement procedure, allowing the inspector to issue a written warning and file
charges in Municipal Court, if the violation is not abated.
COUNCILMEMBER COMMENTS
COUNCILMEMBER COLEMAN - ABSENT
COUNCILMEMBER BEAULIEU - COMPLIMENTED THE CONVENTION AND VISITORS BUREAU
ON THE GREAT JOB THEY ARE DOING, COMMENTED ON THE
NEW"NECHES RIVER ADVENTURE CRUISE"THAT IS BEING
PRESENTED FOR CITIZENS AND TOURIST,THE FIRST CRUISE
TOUR ON THE NECHES RIVER WAS HELD ON TUESDAY MAY
13, 2008, THIS NEW ADVENTURE WILL BE OPEN TO ALL
CITIZENS AND TOURIST ON SATURDAY'S WITH A COST OF
$15.00 FOR ADULTS AND $5.00 FOR CHILDREN,
CONGRATULATED THE MAYOR ON THE 311 SERVICE CENTER
COUNCILMEMBER WRIGHT- ATTENDED A MEETING WITH THE OAKS HISTORIC DISTRICT
WHICH WAS HELD AT THE TYRRELL PARK GARDEN,
ENCOURAGED EVERYONE TO VISIT THE TYRRELL PARK
GARDEN AND GOLF COURSE, AS WELL AS THE MEETING
WITH THE BEAUMONT HOUSING AUTHORITY IN THE NORTH
END WITH STUDENTS AND REPRESENTATIVES SPEAKING
FROM TEXAS A & M FOR THE HOPE VI PROGRAM,
Page 7 of 9 Minutes-May 13,2008
ANNOUNCED THE BOOMTOWN FILM AND MUSIC FESTIVAL
ON SATURDAY MAY 17, 2008 IN DOWN TOWN BEAUMONT,
INVITED EVERYONE TO COME OUTAT 12:00 P.M.TO SEE THE
FILM THE"LONG BLACK LINE",WISHED A HAPPY BIRTHDAY
TO SUNNY PERKINS AND HER HUSBAND LT. COL. CLINTON
WRIGHT
COUNCILMEMBER PATE- COMMENTED ON THE CVB AND WHAT AN IMPACT IT HAS ON
THE COMMUNITY,ALSO THAT BEAUMONT WAS SELECTED AS
THE TOP 25TH CITY TO LIVE IN, CONGRATULATED CLAYBAR
FUNERAL HOME FOR BEING IDENTIFIED BY THE BETTER
BUSINESS BUREAU AS AN OUTSTANDING BUSINESS FROM
BEAUMONT, ALSO APPRECIATED COUNCILMEMBER
COLEMAN FOR WRITING THE ARTICLE TO THE BEAUMONT
ENTERPRISE, WANTING TO HEAR FROM THE CITIZENS OF
BEAUMONT SO THAT THEY MAY HAVE AN ACTIVE ROLL IN
WHAT DECISIONS COUNCIL MAKE
MAYOR PRO TEM SAMUEL - COMMENTED ON THE GROUND BREAKING AT SPINDLE TOP
BOOMTOWN WITH AGL RESOURCES COMPANY, AS WELL
AS ALL OF THE MULTI-MILLION DOLLAR CONTRACTS THAT
ARE HAPPENING IN BEAUMONT,ATTENDED A MEETING WITH
THE BEAUMONT HOUSING AUTHORITY, STUDENTS AND
REPRESENTATIVES FROM TEXAS A & M THAT MET WITH
THE CITIZENS IN THE NORTH END NEIGHBORHOOD
COUNCILMEMBER SMITH - ANNOUNCED THE RELAY FOR LIFE THAT WILL BE HELD ON
FRIDAY, MAY 16, 2008 AT WESTBROOK HIGH SCHOOL,
ALSO THANKED ANTIOCH BAPTIST CHURCH MEN'S
MINISTRY, A CITIZEN HAD A PROBLEM WITH THEIR HOME
AND THE MENS MINISTRY VOLUNTEERED TO DO THE WORK
CITY ATTORNEY COOPER - NONE
CITY MANAGER HAYES - ANNOUNCED THAT THE MAGNOLIA GARDENS CLUB HAS
RECOGNIZED THE CITY OF BEAUMONT FOR IT'S
LANDSCAPING, ALSO INFORMED COUNCIL THAT MAUREEN
GRAY, A LONG TIME CITY EMPLOYEE, IS IN THE HOSPITAL,
ASKED THAT EVERYONE KEEP HER IN THEIR THOUGHTS AND
PRAYERS
MAYOR AMES - COMMENTED ON THE LANDSCAPING AND BEAUTIFICATION
OF THE CITY,THE CLEANUP'S,THE EXPANSIONS IN THE CITY
THAT WILL PROMOTE JOBS, ASKED THAT EVERYONE JOIN
COUNCIL AT THE GULF TERRACE HIKE AND BIKE TRAIL ON
MONDAY,MAY 19,2008 AT 5:30 P.M.,COMMENTED ON THE
RECYCLING EFFORTS, WANTED TO INFORM CITIZENS THAT
Page 8 of 9 Minutes-May 13,2008
COUNCIL AND STAFF ARE WORKING ON THE RECYCLING,
WILL HAVE A PILOT PROGRAM IN PLACE HOPEFULLY BY
.TUNE 1, 2008, ALSO EXCITED ABOUT THE 311 SERVICE
CENTER
Public Comments (Persons are limited to three minutes)
Frank Kiefer 3190 Willowood Beaumont TX
Spoke regarding the Memorial Day Holiday and the symbolic table that represents our armed
forces that are missing and referred to as POW's and MIA's
Barbara Warren 5710 Viking Beaumont TX
Commented on the FEMA trailers in neighborhoods,and that Council should take action and
enforce this Ordinance
Bruce Hoffer 2615 Gladys Beaumont TX
Reminded everyone that they are having soccer registration for the fall season, the annual
adult co-ed soccer tournament will be held here in Beaumont, commented on the death of
Ronnie Spector, who died this weekend
There being no Executive Session, Council adjourned at 3:00 p.m.
Audio is available upon request in the City Clerk's Office,
Becky Ame ayor
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Tina Broussard, City Clerk
Page 9 of 9 Minutes-May 13,2008