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HomeMy WebLinkAboutMIN MAY 05 2009 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 May 5, 2009 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 5,2009, 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 1-5/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Sam Walker of The North Church gave the invocation. Mayor Ames 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 Transportation Week" - May 10 - 16, 2009 - Proclamation read by Councilmember Pate; accepted by John Cole and Gene Landry with Sabine District Transportation Club, Inc. "Elder Abuse Prevention Month" - May, 2009 - Proclamation read by Mayor Ames; accepted by Stephanie McCoy and staff with Adult Protective Services Dr. Hani Tohme and Karen Warren -gave a presentation on grease in the sewer system and ways to help protect the sewer system from the grease build-up Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda. None Minutes-May 5,2009 CONSENT AGENDA Approval of minutes - April 28, 2009 Confirmation of committee appointments - None A) Authorize the City Attorney to file suit against Entergy Texas, Inc., to recover overcharges resulting from street lighting billing errors - Resolution 09 - 120 B) Authorize an application for, and acceptance of,funding from the Texas Comptroller's office for Tobacco Compliance - Resolution 09 - 121 C) Approve Change Order No. 1 for additional work at the North End Community Center - Resolution 09 - 122 D) Approve Change Order Numbers 1 and 2 for extra work on the City Hall First Floor Renovations project - Resolution 09 - 123 Councilmember Coleman made a motion to approve the Consent Agenda. Councilmember Smith 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 the purchase of 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 $664,465. Bids were requested for a six (6) month contract for asphaltic concrete to be used 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. Three(3)vendors were notified with only APAC-Texas responding with a bid.The bidder met all product requirements specified and has previously held the contract satisfactorily. Funds for the cold laid concrete in the amount of$52,465 are available in the Public Works operating budget. Funds in the amount of$612,000 are available in the Capital Program for the hot laid concrete which is used for street rehabilitation. Page 2 of 9 Minutes-May 5,2009 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 $664,465 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 124 2. Consider approving a change order and authorizing final payment for the Main Street Project Administration recommended approval of Change Order No.3 in the amount of($413,332.65) for adjusting estimated construction quantities to match quantities actually used during the performance of the project and authorizing final payment in the amount of $456,101.90. On December 5, 2006, City Council awarded Brystar Contracting the contract for the Main Street(Calder to Blanchette)Brick Paved Sidewalk and Roadway Construction project in the amount of$6,377,885.59. The Engineering Division has inspected the project and found that it meets the requirements set in the plans and contract documents. The total cost of the project is$6,222,037.94. Funds are available in the Capital Program for the final payment. Councilmember Beaulieu made a motion to APPROVE RESOLUTION THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 3 IN THE AMOUNT OF($413,332.65), THEREBY DECREASING THE CONTRACT AMOUNT TO $6,222,037.94 AND HE IS HEREBY AUTHORIZED TO MAKE FINAL PAYMENT IN THE AMOUNT OF $456,101.90 TO BRYSTAR CONTRACTING. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 125 Page 3 of 9 Minutes-May 5,2009 3. Consider approving Change Order No. 1 for the Downtown Brick Pavers Project related to installing additional storm sewer pipe on Wall and Forsythe streets and the reconstruction of the Municipal Court parking area Administration recommended approval of Change Order No. 1 in the amount of$337,559 for installing additional storm sewer pipe on Wall Street and Forsythe Street to capture roof drainage from the Goodwill and Municipal Court buildings. The change order is also for the reconstruction of the Municipal Court parking area. On November 4, 2008, City Council awarded Brystar Constructing the contract for the Downtown Improvement Brick Paved Sidewalks and Drainage Improvements Project in the amount of $8,595,437.50. Change Order No. 1 is required to install storm sewer pipe capturing all roof drainage from the Goodwill and Municipal Court building and Forsythe Street side of the Municipal Court building. Also included in this Change Order is the lowering and the reconstruction of the Municipal Court parking lot. The elevation of the parking lot is approximately one to one end and one-half feet above the floor elevation of each building. Additionally,due to the higher elevation of the parking lot,the weep holes on the south brick wall of the Municipal Court Building are blocked by the asphalt on the parking lot. This has resulted in water intrusion in the building during heavy rainfalls. The lower elevation of the parking lot will eliminate water entering the building from blocked weep holes. The change order in the amount of $337,559 will increase the contract amount to $8,932,996.50. Funds are available in the Capital Program. Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO.1 IN THE AMOUNT OF$337,559,THEREBY INCREASING THE CONTRACT AMOUNT TO$8,932,996.50. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 126 4. Consider authorizing the City Manager to submit an application for, and accept if awarded, a Transit Stimulus Grant. Page 4 of 9 Minutes-May 5,2009 Administration recommended City Council authorize the City Manager to submit an application and accept a Transit Stimulus Grant in the amount of $2,362,469. The City of Beaumont has been notified that Beaumont Municipal Transit is eligible to receive a stimulus grant for the purpose of purchasing capital equipment. The following items are recommended for purchase under the grant. Replace bus washer and seal/paint building $250,000 Replace eight Paratransit vans 840,000 Bus shelters 300,000 Purchase three new fare boxes for three older buses 48,000 Replace pick-up 30,000 Replace service truck 60,000 Purchase mobile lift station 30,000 Stock parts for new buses 50,000 Office renovations (carpet, furniture, paint, etc.) 50,000 Hookup fuel generator to building 120,000 Shop modifications 584,469 Total $2,362,469 The shop modifications include the replacement of the existing open flame heaters, light fixtures and switches,and the installation of gas detectors.These modifications are required in order to work on the new CNG buses within the transit facility. The grant does not require a local match. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPLY FOR AND ACCEPT A TRANSIT STIMULUS GRANT IN THE AMOUNT OF $2,362,469 TO BE USED FOR THE PURPOSE OF PURCHASING CAPITAL EQUIPMENT FOR BEAUMONT MUNICIPAL TRANSIT. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 127 WORKSESSION Review and discuss the 2009 HUD Consolidated Grant Program Chris Boone,Community Development Director,discussed the allocations for the Consolidate Grant Program's 2009 Annual Action Plan,the plan must be approved and sent to HUD forty- five(45)days prior to the start of the grant year on July 1,2009. Chris Boone commented on the applications that were submitted for funds from the Block Grant as well as the allocations Page 5 of 9 Minutes-May 5,2009 that were agreed upon by the Community Development Department Staff and the Community Development Advisory Committee(CDAC). The Budget was also discussed with allocations for Housing, Elderly and Disabled Code Assistance, Clearance and Demolition, Public Facility and Improvements, Public Service, Planning and Administration. 5. Consider approving a resolution adopting the Consolidated Grant Program's 2009 Annual Action Plan. Administration recommended approval of a resolution adopting the Consolidated Grant Program's 2009 Annual Action Plan. As mandated by the U. S. Department of Housing and Urban Development (HUD), City Council has conducted public hearings and work sessions in previous years, prior to adopting the City's Annual Action Plan. The Action Plan must be approved and sent to HUD forty-five (45) days prior to the start of the grant year on July 1, 2009. To date, Community Development Department staff and the Community Development Advisory Committee (CDAC) has held three (3) public hearings in order to discuss the budget process of the Consolidated Grant Program. Also, a Public Hearing/Work Session was held by the City Council on March 24,2009, allowing for public comment and adopting the Consolidated Grant Program's Preliminary Annual Action Plan. In accordance with the Citizen Participation Plan, a thirty(30)day comment period,which allowed citizens a reasonable time to submit written comments,followed the adoption of the Preliminary Action Plan. Also, a Public Hearing was held during the City Council meeting on April 21,2009,allowing nonprofit agencies to present their funding requests to City Council. The Administration concurs with the CDAC's recommendations. The preliminary 2009 budget, comprised of federal allocations of$1,784,969 in Community Development Block Grant funds, $732,967 in HOME funds and $100,000 in estimated program income was adopted March 24, 2009. The Public Service, Public Facilities and Improvements line item is comprised of $125,000. Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY ADOPTS THE CONSOLIDATED GRANT PROGRAM'S 2009 ANNUAL ACTION PLAN IN THE AMOUNT OF $2,617,936. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 128 Page 6 of 9 Minutes-May 5,2009 COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - COMMENTED ON THE REOPENING OF ROGERS PARK, ENJOYED THE RENDITION OF COUNCILMEMBER BEAULIEU'S HISTORY OF THE PARK, THANKED THE PARKS AND RECREATION DEPARTMENT FOR THEIR HARD WORK, ANNOUNCED THE WINNERS OF THE PITCH, HIT AND RUN COMPETITION FROM LAST WEEKEND,THE WINNERS WILL BE ADVANCING IN THE COMPETITION, CONGRATULATED EACH WINNER AND WISHED THEM GOOD LUCK, ANNOUNCED THE BEAUMONT MOONLIGHT BICYCLE MADNESS, ON FRIDAY, MAY 8, 2009 FROM 7:00 P.M. TO MIDNIGHT AT ROGERS PARK COUNCILMEMBER BEAULIEU - COMMENTED ON THE REOPENING OF ROGERS PARK AND THE GREAT JOB THAT WAS DONE AS WELL AS THE ATTENDANCE,DISCUSSED THE EMERGENCY PREPAREDNESS MEETING, COMMENDED THE EMERGENCY PREPAREDNESS TEAM ON A GREAT JOB OF INFORMING THE PUBLIC REGARDING THE SWINE FLU, ENCOURAGED EVERYONE TO CHECK THE CITY OF BEAUMONT'S WEB SITE, THERE IS GREAT INFORMATION REGARDING THE CURRENT FLU STATUS,THE INFORMATION IS UPDATED THROUGHOUT THE DAY BY THE BEAUMONT HEALTH DEPARTMENT COUNCILMEMBER WRIGHT - COMMENTED ON THE REOPENING OF ROGERS PARK AND THE GREAT JOB COUNCILMEMBER BEAULIEU DID REGARDING THE HISTORY OF THE PARK,ANNOUNCED THAT LAMAR UNIVERSITY IS SPONSORING A FREE MATH CAMP PROGRAM FOR ELEVENTH AND TWELFTH GRADE STUDENTS, COMMENTED ON THE RIBBON CUTTING FOR OUR MOTHER OF MERCY'S NEW GYM,ALSO THANKED THE MAY FAMILY FOR THE MILLION DOLLAR SEED TO BUILD THE GYM,COMMENTED ON THE CINCO DE MAYO EVENT HELD OVER THE WEEKEND, ASKED THAT COUNCIL THINK ABOUT DOING SOMETHING FOR THE SENIOR CITIZENS REGARDING TRANSPORTATION TO GET TO AND FROM DOCTORS APPOINTMENTS COUNCILMEMBER PATE - ANNOUNCED THE "TORCH AWARD" THAT WILL BE SPONSORED BY THE BETTER BUSINESS BUREAU ON TUESDAY, MAY 5,2009 AT THE BEAUMONT CIVIC CENTER AT 7:00 P.M., ENCOURAGED ALL BUSINESS OWNERS OF THE CITY OF BEAUMONT THAT HAVE A BUSINESS TO JOIN THE BETTER BUSINESS BUREAU, ALSO ATTENDED AN OUTSTANDING ATHLETE PROGRAM AT LAMAR UNIVERSITY, PRESENTED BRITTANY WILLIAMS, THE BABE ZAHARIAS AWARD FOR OUTSTANDING ATHLETE Page 7 of 9 Minutes-May 5,2009 MAYOR PRO TEM SAMUEL- WISHED EVERYONE A HAPPY CINCO DE MAYO, WISHED ALL MOTHERS A HAPPY MOTHERS DAY,ATTENDED THE"G FOR G"(GIFT FOR GRADES)BANQUET AT THE STERLING PRUITT ACTIVITY CENTER, CONGRATULATED THE PARKS AND RECREATION DEPARTMENT ON THE GREAT JOB THEY DID FOR THE BANQUET, THANKED ALL OF THE CITY DEPARTMENTS FOR THE GREAT JOBS THAT THEY DO COUNCILMEMBER SMITH - REQUESTED THAT THE PUBLIC WORKS DIRECTOR CHECK THE FLOODING SITUATION ON 4T"AND SARAH,11 T"ST.AND ANITA ST., WHEN IT ISN'T RAINING VERY HARD THERE ARE STILL SOME FLOODING ISSUES, ANNOUNCED A NEIGHBORHOOD CLEAN-UP ON SATURDAY, MAY 16, 2009 AT 9:00 A.M., THE MEETING PLACE WILL BE CHAISON PARK, EVERYONE IS INVITED, WISHED HIS YOUNGEST SON JORDAN A HAPPY BIRTHDAY CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES- WISHED JORDAN SMITH A HAPPY BIRTHDAY, ANNOUNCED THAT ELECTION DAY FOR BISD WILL BE SATURDAY,MAY 9, 2009, POLLS WILL BE OPEN FROM 7:00 A.M. TO 7:00 P.M., ENCOURAGED EVERYONE THAT CAN VOTE FOR ONE OF THE TRUSTEES TO PLEASE GO OUT AND VOTE,CONGRATULATED ALL OF COUNCIL ON THEIR REELECTION, INFORMED EVERYONE THAT THERE WILL BE A SWEARING IN CEREMONY ON TUESDAY, MAY 12, 2009 DURING THE COUNCIL MEETING AT 1:30 P.M., WITH A RECEPTION FOLLOWING, COMMENTED ON THE FUND RAISERS FOR THE BETTER BUSINESS BUREAU "TORCH AWARD", AS WELL AS THE CHAMBER OF COMMERCE AND "LOBSTER FEST", ANNOUNCED THE JAzz FEST, SATURDAY, MAY 9, 2009 AT 4:00 P.M.IN DOWNTOWN BEAUMONT,COMMENTED ON THE EMERGENCY OPERATIONS MEETING AT THE EMERGENCY OPERATIONS CENTER WITH TIM OCNASCHECK AND PAT GRIMES, ALSO THE GRAND OPENING OF ROGERS PARK COMMUNITY CENTER Public Comments (Persons are limited to three minutes) Frank Kiefer 3190 Willowood Beaumont TX Asked that Council consider senior citizens sixty five (65)and older and disable be exempt from paying City taxes Page 8 of 9 Minutes-May 5,2009 Kerry Avie 3035 Elinor Beaumont TX Religious Comments Linda Fontenot 4815 Bolivar St. Beaumont TX Requested improvements to Liberia Park on 011ie St.,would like to have a walking trail forthe elderly as well as the younger residents and concrete benches underneath the pavilion Open session of meeting recessed at 2:41 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Harold Butler Claim of Tiffany Butler In re: Lyondell Chemical Company, et al, Chapter 11 Case No. 09-10023 Consider matters related to employment,evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Magistrate Craig Lively There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. I MO�Vt1 BeckyAm66, Mayor ,, uJ / Tina Broussard, City Clerk 1004 W Page 9 of 9 Minutes-May 5,2009