HomeMy WebLinkAboutMIN OCT 07 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 I CITY COUNCIL MEETING Nancy Beaulieu, Ward II
Audwin Samuel, Mayor Pro Tern,Ward III October 7, 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 October 7,2008,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 1,2&4/Consent Agenda
Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Dr. Harland Merriam of St.Andrews Presbyterian Church gave the invocation. Councilmember Pate
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 Coleman,
Beaulieu,Wright, Pate and Smith. Also present were Kyle Hayes,City Manager;Tyrone Cooper,City
Attorney; Tina Broussard, City Clerk.
Proclamations, Presentations, Recognitions
"National Mammography Day"-October 17, 2008-Proclamation read by Councilmember
Wright; accepted by Kathy Chesser and Norma Sampson with Julie Rogers "Gift of Life"
Program
"Fight Back Express Day Against Cancer" - October 12, 2008 - Proclamation read by
Mayor Pro Tern Samuel;accepted by Tammy Droste with American Cancer Society and Gay
Lynn Jones, President of the American Cancer Society
"Fire Prevention Month" - October, 2008 - Proclamation read by Mayor Ames; accepted
by Ann Huff, City of Beaumont Fire Chief,Chief Mullins,Assistant Fire Chief, Firemen Marcus
Rogers, and Roy Woods
Public Comment: Persons may speak on scheduled agenda items 1, 2 & 4/Consent Agenda.
None
Minutes-October 7,2008
CONSENT AGENDA
Approval of minutes - September 30, 2008
Confirmation of committee appointments - Resolution 08 - 257
Ralph Jordan would be reappointed to the Historic Landmark Commission. The current term
would expire June 19, 2010. (Councilmember Alan B. Coleman)
A) Approve a renewal of an annual maintenance agreement for Sungard Public Sector software
support - Resolution 08 - 258
B) Approve a renewal of an annual maintenance agreement for Zoll Data Systems software
support - Resolution 08 - 259
C) Authorize the settlement of the claim of April Harrison a/n/f to Aaron Harrison, a minor -
Resolution 08 - 260
Councilmember Wright made a motion to approve the Consent Agenda. Councilmember
Beaulieu seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
1. Consider approving a contract for asphaltic concrete for use by the Streets and Drainage
Division.
Administration recommended the award of a six(6) month contract to APAC-Texas, Inc. of
Beaumont, Texas with an estimated total expenditure of $518,750.
Bids were requested for a six(6) month contract for asphaltic concrete for use by the Public
Works Department, Streets and Drainage Division. Cold laid asphaltic concrete is used for
repairing potholes and small sections of street, while hot laid asphaltic concrete is used for
repairs to larger street sections. It is estimated that approximately 7,000 tons of hot laid
asphaltic concrete and 500 tons of cold laid asphaltic concrete will be used during the term
of the contract.
Five (5) vendors were notified with only APAC-Texas responding with a bid as reflected
below. Specifications requested pricing for both plant pickup by City personnel and job site
delivery by the vendor. The bidder met all product requirements specified, and has previously
held the contract satisfactorily.
Page 2 of 7 Minutes-October 7,2008
Funds for the cold laid concrete in the amount of$39,250 are available in the Public Works
operating budget. Funds in the amount of$479,500 are available in the Capital Program for
the hot laid concrete which is used for street rehabilitation. The total estimated six-month
contract expenditure is approximately $518,750.
Councilmember Pate moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY APAC-
TEXAS, INC., FOR THE PURCHASE OF ASPHALTIC CONCRETE FOR THE PUBLIC WORKS
DEPARTMENT, STREETS AND DRAINAGE DIVISION, IN THE ESTIMATED AMOUNT OF $518,750 BE
ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Coleman seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 08 - 261
2. Consider approving a resolution accepting the Phelan Boulevard Extension Project.
Administration recommended acceptance of the Phelan Boulevard Extension Project,
approval of Change Order No. 4 in the amount of $162,040.16 and final payment in the
amount of$231,759.70 to Allco, LTD.
On August 8, 2006, City Council awarded Allco, LTD.the contract for the Phelan Boulevard
Extension Project for an amount of$5,273,431.95 and authorized execution of Change Order
No. 1 in the amount of$807,233.12 reducing the contract amount to$4,466,198.83(low bid
exceeded estimated construction cost).
This project has been inspected and completed in accordance with the Terms and Conditions
set out in the contract documents. Change Order No.2 and 3 were issued to compensate the
contractor for additional work requested by the City of Beaumont. Due to an increase in
construction item quantities, Change Order No. 4 in the amount of$162,040.16 is required
to adjust the quantities actually used during the performance of the project, increasing the
contract amount to $4,635,193.99.
Funds are available through the Capital Program
Councilmember Beaulieu made a motion to APPROVE RESOLUTION THAT THE CITY MANAGER
IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 4 IN THE AMOUNT $162,040.16
THEREBY INCREASING THE CONTRACT TO$4,635,193.99 AND IS HEREBY AUTHORIZED TO MAKE
FINAL PAYMENT IN THE AMOUNT OF $231,759.70 TO ALLCO, LTD. Mayor Pro Tern Samuel
seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
Page 3 of 7 Minutes-October 7,2008
NAYS: NONE
MOTION PASSED
Resolution 08 - 262
Public Hearing Open - 2:00 p.m.
3. PUBLIC HEARING: Receive comments relating to amending an agreement with the State of
Texas Office of Rural Community Affairs for the Calder Street Drainage Project under the
Texas Community Development Block Grant Disaster Recovery Program.
Tom Warner, Public Works Director spoke regarding the amendment agreement with the
State of Texas Office of Rural Community Affairs for the Calder Street Drainage Project. Mr.
Warner stated that the City was awarded a contract in October 2006, under the Texas
Community Development Block Grant Program, administered by the Texas Office of Rural
Community Affairs, in the amount of$1,950,000. The Disaster Recovery Grant Program was
established by federal legislation to aid areas most impacted and distressed by Hurricane
Rita.
The funding provided to the City underthis program will be utilized as a portion to the twenty-
five percent(25%)match toward a Hazard Mitigation Grant Program(HMGP)award from the
Federal Emergency Management Agency(FEMA)on behalf of Drainage District No.6. The
combined funds are being used to construct a drainage system on Calder Avenue from the
Neches River to West Lucas Street.
The proposed amendment will allocate all of the TxCBDG funds in Phase I of the Calder Street
Drainage Project rather than expending the funds over all three phases of the project. This
amendment will also allow the funds to be expended within the original contract period.
PUBLIC COMMENTS
None
Public Hearing Closed - 2:06 p.m.
Councilmember Wright made a motion to APPROVE A RESOLUTION AUTHORIZING THE CITY
MANAGER TO AMEND AN AGREEMENT WITH THE STATE OF TEXAS OFFICE OF RURAL COMMUNITY
AFFAIRS RELATED TO FUNDING FOR THE CALDER STREET DRAINAGE PROJECT UNDER THE TEXAS
COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY PROGRAM. Councilmember
Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Page 4 of 7 Minutes-October 7,2008
Resolution 08 - 263
WORKSESSION
Receive a status report related to homes located in Beaumont that were flooded
Chris Boone, Community Development Director, reported to Council regarding flooded
homes in Beaumont,the damage assessment that was done shows that 4,932 of the 35,734
homes in Beaumont received some damage. Of that number, 37 homes, located in the flood
plain, were flooded.
In order for residents to be able to purchase flood insurance, the City of Beaumont is a
member of the National Flood Insurance Program (NFIP). As such, the City has adopted a
Flood Plain Land Use Ordinance,which requires that buildings built in the flood plain are built
above a certain elevation. Also, when a flood occurs, the City is obligated to determine if a
structure that is too low, has been"substantially damaged"(the cost to repair them would be
greater than 50%of their pre-flood value). If so, it must be elevated before it can be repaired
or rebuilt.
The City is currently in the process of inspecting the 37 flooded homes to determine if they are
"substantially damaged". As these homes might not be eligible for repair without elevation,
concerned with the welfare of these residents. Through our research and
we are particularly g
with the help of Pastor Benoit of Magnolia Baptist Church,we are working to determine these
residents' immediate living situation.
Review and discuss an ordinance allowing the parking and occupancy of travel trailers,
"park units"and manufactured housing as temporary living quarters within residential
districts,while the damage to their property caused by Hurricane Ike is being repaired
Chris Boone, Community Development Director reviewed and discussed the ordinance
allowing the parking and occupancy of travel trailers,and manufactured housing as temporary
living quarters within residential districts, while the damage to their property caused by
Hurricane Ike is being repaired and to allow for a ninety(90)day extension, upon review and
approval by the City Council.
In the City of Beaumont, travel trailers used as a residence are prohibited by the Zoning
Ordinance except in designated travel trailer and mobile home parks and subdivisions.
However, in the wake of Hurricane Rita, the City Council allowed trailers, for about 400
families on a temporary basis. After granting extensions, only seven (7) trailers currently
remain. Following Hurricane Ike on September 13, 2008, damage assessments show that
4,932 of Beaumont's 35,734 homes received some damage. Of that number, 267 homes
received major damage and 18 were completely destroyed. In addition, approximately 37
homes, located in the flood plain, were flooded.
4. Consider an ordinance allowing the parking and occupancy of travel trailers,"park units"and
manufactured housing as temporary living quarters within residential districts, while the
damage to their property caused by Hurricane Ike is being repaired.
Page 5 of 7 Minutes-October 7,2008
Administration recommended the approval of an ordinance allowing for a period of six (6)
months the parking and occupancy of travel trailers,"park units"and manufactured housing
as temporary living quarters within residential districts, while the damage to their property
caused by Hurricane Ike is being repaired, and allow for a ninety (90) day extension, upon
review and approval by the City Council.
Mayor Pro Tern Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
ALLOWING FOR A PERIOD OF SIX (6) MONTHS THE PARKING, USE AND OCCUPANCY OF TRAVEL
TRAILERS, "PARK UNITS," AND MANUFACTURED HOUSING AS TEMPORARY LIVING QUARTERS
WITHIN RESIDENTIAL DISTRICTS DURING THE PERIOD OF REPAIR OR RECONSTRUCTION OF
DAMAGE TO PROPERTY CAUSED BY HURRICANE IKE AND ALLOWING A NINETY(90)DAY EXTENSION
UPON REVIEW AND APPROVAL BY CITY COUNCIL; PROVIDING FOR SEVERABILITY;AND PROVIDING
A PENALTY. Councilmember Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 08 - 089
COUNCILMEMBER COMMENTS
COUNCILMEMBER SMITH - ANNOUNCED THAT THE PEAR ORCHARD NEIGHBORHOOD
ASSOCIATION WOULD BE MEETING THURSDAY AT 6:30 P.M.,
AT THE L.L. MILTON YMCA, ALSO ANNOUNCED THAT HE
WOULD BE AT THE THEODORE JOHNS LIBRARY ON
SATURDAY, OCTOBER 25, 2008 FROM 1:00 P.M. UNTIL
3:00 P.M., EARLY VOTING WILL BEGIN OCTOBER 20, 2008
THROUGH OCTOBER 31,2008 ENCOURAGED EVERYONE TO
VOTE, THERE WILL BE A "NEIGHBORS IN THE PARK" ON
OCTOBER 19, 2008 AT 3:00 P.M., AT CENTRAL PARK,
SPECIAL GUEST WILL BE THE JAZZ INNOVATORS
MAYOR PRO TEM SAMUEL- ANNOUNCED THE"NEIGHBORS IN THE PARK" ON OCTOBER
19, 2008, BEGINNING AT 3:00 P.M., AT CENTRAL PARK
WITH THE JAZZ INNOVATORS
COUNCILMEMBER PATE - COMMENTED ON THE MID-COUNTY KINDNESS OF PORT
NECHES AND NEDERLAND CITIZENS THAT WENTTO BRIDGE
CITY AND ORANGE COUNTY TO HELP WITH DAMAGE IN
THEIR COMMUNITY,COMPLIMENTED THEM ON A GREAT JOB
Page 6 of 7 Minutes-October 7,2008
COUNCILMEMBER WRIGHT - COMMENTED ON THE GIFT OF LIFE "PINK CARD"
PROGRAM,ENCOURAGED EVERYONE TO PURCHASE A CARD
AND EXPERIENCE THE GREAT DISCOUNTS, THIS IS A
DONATION FOR A WORTHY CAUSE
COUNCILMEMBER BEAULIEU - NONE
COUNCILMEMBER COLEMAN- THANKED SAM BETHEA AND ENTERGY ON THE GREAT JOB
THAT THEY HAVE DONE,CONGRATULATED HIS MIDDLE SON
CHRIS, WHO WILL BE GETTING MARRIED ON .TUNE 4, 2009
CITY MANAGER HAYES - NONE
CITY ATTORNEY COOPER - NONE
MAYOR AMES - COMMENTED ON HURRICANE IKE AND THE DEVASTATION,
THANKED EVERYONE INVOLVED THAT TRAVELED TO
SURROUNDING CITY'S TO HELP THEM WITH THEIR DAMAGE,
COMMENTED THAT SHE HAS RECEIVED MANY QUESTIONS
ABOUT THE TRASH PICKUP,ASKED TOM WARNER, PUBLIC
WORKS DIRECTOR TO EXPLAIN THE SCHEDULING TO THE
CITIZENS AND WHERE THE CITY IS CURRENTLY WITH THE
TRASH PROCESS
Public Comments (Persons are limited to three minutes)
None
There being no Executive Session, Council adjourned at 2:51 p.m.
Audio available upon request in the City Clerk's Office.
Bec y Ame , Mayor =� `
Rao
Tina Broussard, City Clerk
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Page 7 of 7 Minutes-October 7,2008