HomeMy WebLinkAboutMIN JUN 02 2009 MIN UTES - CITY OFBEAUMONT
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 Tem, Ward III June 2, 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 June 2, 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 5-13/Consent Agenda
Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Reverend James Blackwell of South Park Baptist Church gave the invocation. Councilmember
Wright led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk.
Present at the meeting were Mayor Ames, Mayor Pro Tem Samuel, Councilmembers Coleman,
Beaulieu,Wright, Pate and Smith. Also presentwere Kyle Hayes, City Manager;Tyrone Cooper,City
Attorney; Tina Broussard, City Clerk.
Proclamations, Presentations, Recognitions
"Management Week" - June 7 - 13, 2009 - Proclamation read by Councilmember Pate;
accepted by Tim Blincoe, President, American Valve and Hydrant Chapter of the National
Management Association
"Walk Against Domestic Violence Day" - June 13, 2009 - Proclamation read by
Councilmember Coleman; accepted by Dr. Alvin Williams, Community Education Director,
Family Violence Services of Southeast Texas
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 5-13/Consent Agenda.
None
Minutes-June 2,2009
CONSENT AGENDA
Approval of minutes - May 19, 2009
Confirmation of committee appointments - Resolution 09 - 147
Irma Lyn Thomas would be appointed to the Small Business Revolving Loan Fund Board. The term
would commence June 2,2009 and expire June 1,2011. (Councilmember Gethrel Williams-Wright)
A) Authorize the award of a contract for temporary personnel services - Resolution 09 - 148
B) Authorize the City Managerto increase the Proposed New WaterWell No.2 and Related Pilot
Hole Project for "extra work" - Resolution 09 - 149
C) Approve Change Order No. 3 for the Calder Avenue Drainage Diversion and Pavement
Improvement Project Phase I - Resolution 09 - 150
D) Authorize the City Managerto apply forand receive funding through the 2009 Edward Byrne
Memorial Justice Assistance Grant program to upgrade technology in the Police Department-
Resolution 09 - 151
E) Authorize the City Managerto submit an application and accept a grant to provide funding for
improvements at the Beaumont Municipal Airport - Resolution 09 - 152
F) Authorize the City Manager to execute an agreement with Workforce Solutions Southeast
Texas/Power Zone-Beaumont and Family Services of Southeast Texas-Resolution 09-153
G) Authorize the acceptance of a water line easement to provide access for fire protection
services to the Dowlen Court Subdivision located off Dowlen Road - Resolution 09 - 154
H) Authorize the acceptance of a water line easement to provide water service to ExxonMobil
facilities near the intersection of Burt and Carroll Streets - Resolution 09 - 155
1) Authorize the acquisition of two(2)properties in the Van Wormer Addition forthe Downtown
Event Center and Park - Resolution 09 - 156
Mayor Pro Tern 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
Page 2 of 18 Minutes-June 2,2009
GENERAL BUSINESS
1. Consider approving a zone change request from RS (Residential Single Family Dwelling)
District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 2345
Wellington Place.
Administration recommended denial of the zone change.
Taher Quaishi has applied for a zone change from RS (Residential Single Family Dwelling)
District to GC-MD-2(General Commercial-Multiple Family Dwelling-2)District. The property
is located at 2345 Wellington Place. Mr. Quaishi states builders do not want to construct
homes next to GC-MD-2 zoning.
In 1997, the subject property was rezoned from RS and RM-H(Residential Multiple Family-
High Density) District to NC (Neighborhood Commercial) District. In 2003, City Council
denied a zone change to GC-MD-2 and a specific use permit to allow over 21,000 sq. ft. of
office and retail on 2.1 acres that included a portion of the subject property. In 2004, the
property was rezoned to RS and GC-MD-2. The RS portion of the property fronts on
Wellington Place and the GC-MD-2 portion fronts on Dowlen. In that same year, a specific
use permit was approved for approximately 18,000 sq.ft. of office space within the GC-MD-2
portion.
At a Joint Public Hearing held May 18,2009,the Planning Commission recommended denial
7:0 of a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2
(General Commercial-Multiple Family Dwelling) District at 2345 Wellington Place.
Councilmember Pate moved to DENY 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 FAMILY DWELLING)DISTRICT
TO GC-MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY
LOCATED AT 2345 WELLINGTON PLACE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember
Coleman seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION DENIED
2. Consider approving a zone change request from RS (Residential Single Family Dwelling)
District to RM-H(Residential Multiple Family Dwelling-Highest Density)District and GC-MD-2
(General Commercial-Multiple Family Dwelling-2)District and a specific use permit to allow
a convenience store and miscellaneous retail at 2990 E. Lucas.
Page 3 of 18 Minutes-June 2.2009
Administration recommended denial of the zone change to RM-H District and approval of 50'
of rezoning from RS to GC-MD-2 and the specific use permit to allow a convenience store and
miscellaneous retail with the following conditions:
• That there be no access onto Abilene.
• The applicant shall provide the City with a joint access agreement.
Nga Duong has applied for a zone change and specific use permit.
Mr. Duong owns an existing commercial building at 2916 E. Lucas at Idlewood. Mr. Duong
received a zone change to GC-MD-2 in 2006 to allow the development of the commercial
building. He would like to construct another commercial building that would include a
convenience store,gas pumps and miscellaneous retail. The commercial property would also
include a self-service car wash. This property fronts on E. Lucas. He would also like to
develop apartments with frontage on Abilene north of the commercial property.
At a Joint Public Hearing held May 18,2009,the Planning Commission recommended denial
7:0 of the zone change to RM-H District and approval of 50'of rezoning from RS to GC-MD-2
and the specific use permit to allow a convenience store and miscellaneous retail with the
following conditions:
• That there be no access onto Abilene.
• The applicant shall provide the City with a joint access agreement.
Mayor Pro Tern Samuel moved to ADOPT 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
FAMILY DWELLING)DISTRICTTO GC-MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-
2) DISTRICT FOR PROPERTY LOCATED AT 2990 E. LUCAS, BEAUMONT, JEFFERSON COUNTY,
TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL 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 09 -028
Mayor Pro Tern Samuel moved to DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A
SPECIFIC USE PERMIT TO ALLOW A CONVENIENCE STORE AND MISCELLANEOUS RETAIL IN A GC-
MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT ON PROPERTY LOCATED
AT 2990 E.LUCAS,BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Smith seconded
the motion.
Page 4 of 18 Minutes-June 2,2009
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
ORDINANCE 09 - 029
3. Consider approving a specific use permit to allow a tire shop in an RCR (Residential
Conservation and Revitalization) District at 2895 Concord.
Administration recommended approval of a specific use permit to allow a tire shop in an RCR
(Residential Conservation and Revitalization) District at 2895 Concord.
Serafin Jaimes has applied for a specific use permit to allow a tire shop in an RCR
(Residential Conservation and Revitalization) District.
Mr. Jaimes currently leases the site where he presently operates a tire shop. He would like
to relocate his business to Concord. Mr.Jaimes states that he will sell new and used tires and
do tire repair. The business will be located in a new 1,750 sq.ft. building with related parking
and will be open 7 a.m.to 5 p.m., Monday-Saturday and closed Sundays. The property will
be surrounded by an 8' tall wood screening fence and a 10' wide landscape strip.
At a Joint Public Hearing held May 18, 2009, the Planning Commission recommended
approval 7:0 of a specific use permit to allow a tire shop in an RCR(Residential Conservation
and Revitalization) District at 2895 Concord subject to the following conditions:
I
• There shall be no outside display, storage or repairs in front or along the side of the
building.
• Provide an additional parking space that meets ADA Standards.
Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
GRANTING A SPECIFIC USE PERMIT TO ALLOW A TIRE SHOP IN AN RCR (RESIDENTIAL
CONSERVATION AND REVITALIZATION) DISTRICT ON PROPERTY LOCATED AT 2895 CONCORD,
BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Coleman seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 09 - 030
4. Consider approving a specific use permit to allow a cellular tower in a GC-MD (General
Commercial-Multiple Family Dwelling) District at 4430 College Street.
Page 5 of 18 Minutes-June 2,2009
Administration recommended approval of the specific use permit.
Jack Burklund, representing Verizon Wireless, has applied for a specific use permit.
Verizon Wireless would like to lease a 75' x 75' site from Beaumont Tractor. The lease site
will be enclosed by an 8' high chain link fence. Within the lease space will be the 160' tall
monopole tower and a 12' x 28' prefab aggregate stone building to house the electronic
switching equipment and backup generator. The lease site will be at the rear of the Beaumont
Tractor property.
At a Joint Public Hearing held May 18, 2009, the Planning Commission recommended
approval 6:0:1 of a specific use permit to allow a cellular tower in a GC-MD (General
Commercial-Multiple Family Dwelling) District at 4430 College Street.
Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
GRANTING A SPECIFIC USE PERMIT TO ALLOW A CELLULAR TOWER IN A GC-MD (GENERAL
COMMERCIAL-MULTIPLE FAMILYDWELLING)DISTRICT AT 4430 COLLEGE STREET,IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Beaulieu seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU,WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 09 - 031
5. Consider authorizing the City Manager to amend the Interlocal Agreement with Jefferson
County Drainage District No. 6 for the Cartwright/Corley Relief Project.
Administration recommended Council authorize the City Manager to amend the Interlocal
Agreement with Jefferson County Drainage District No. 6 for the Cartwright/Corley Relief
Project.
In May 2006, City Council approved an Interlocal Agreement with Drainage District No. 6 for
the Cartwright/Corley Relief Project.This project includes the construction of several detention
facilities near 11 th and Cartwright and improvements to the underground drainage systems
on Corley and Blanchette Streets. The District was awarded a Flood Mitigation Assistance
(FMA) Grant from FEMA for 75% of the project costs. The estimated cost of the Project is
$4,750,000.
The District had requested City participation in the project by performing the following work:
• Construct underground culverts,with inlets,in the Corley Street right-of-way from
4th Street to the Santa Fe Railroad,
• Enlarge the culverts under 11th Street in the Cartwright Street right-of-way.
• Enlarge the culvert under Corley Street at the intersection of 12th Street.
Page 6 of 18 Minutes-June 2,2009
Currently,the City is assisting the District in the installation of the culverts under 11 th Street at
Blanchette.The District is requesting that the City amend the previously approved agreement
and each party now perform the following work:
• The District will be responsible for preparation of engineering plans and
specifications for the project.
• The District will construct underground culverts with inlets in the Blanchette
Street right-of-way from 91h Street to west of 11th Street.
• The City will resurface Blanchette with asphalt, relocate all City utilities and
construct the concrete catch basin on the east side of 11 th Street. The District
will repair 11 th Street, construct the concrete catch basin on the west side of
11th Street and provide all the materials for both catch basins.
• The City will construct underground culverts with inlets in the Corley Street right-
of-way from 4th Street to the Santa Fe Railroad, repair the concrete street and
relocate any City utilities.
• The District will prepare the engineering plans and specifications for the
Cartwright/Corley Project.
• The City will be responsible for the solicitation and award of bids on the
Cartwright/Corley Project, construction inspection and payments to the
contractor. Any work perform by the City or the City's contractor on the
Blanchette or Cartwright/Corley Projects will be reimbursed under the grant.
The City will be reimbursed for 75% of the construction costs as long as grant
funds are available.
The estimated cost to the City to perform the aforementioned work is $1.25 million. In
exchange for the work to be performed by the City, the DD#6 has conveyed a portion of
property to the City for the Phelan Boulevard Widening Project in the vicinity of the Gulf
Terrace Detention Basin.
Funds for the City's share of the project are available in the Capital Program.
Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE
AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AMENDMENT TO THE INTERLOCAL AGREEMENT
WITH JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 FOR THE CARTWRIGHT/CORLEY RELIEF
PROJECT. 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 - 157
6. Consider authorizing the City Manager to execute a contract for the Sanitary Sewer
Rehabilitation of Small Diameter Mains Contract - XV.
Page 7 of 18 Minutes-June 2,2009
Administration recommended approval of a contract with Horseshoe Construction, Inc. La
Porte, Texas, in the amount of$348,062.75 to rehabilitate approximately 2,105 linear feet of
6-inch and 5,538 linear feet of 8-inch sanitary sewer lines,to furnish and install approximately
four manholes,to stabilize approximately eight vertical feet of existing manhole,to remove and
replace approximately 13 manholes,abandon two manholes,furnish and install approximately
eight end of line clean outs,to replace approximately 170 short side service line connections,
and clean and televise 7,643 linear feet of existing and newly burst sanitary sewer lines in the
South Park area. The project will rehabilitate Chaison, Ector, Fonville, and Ogden Avenue,
and Park Street between Pipkin and Virginia Street.
The MBE participation will be with Chief Solutions, Inc. for $25,000, Deanie Hayes, Inc. for
$25,000, and Vila Trucking for$20,000.The total amount of the subcontracts is for$70,000,
which represents 20.11 percent of the total bid.
The existing sewer lines built in the 1940's and 1950's have deteriorated and require major
rehabilitation.
Funds for the project are available in the Capital Program.
Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER
BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH HORSESHOE CONSTRUCTION,
INC., OF LAPORTE, TEXAS, FOR THE SANITARY SEWER REHABILITATION OF SMALL DIAMETER
MAINS CONTRACT-XV IN THE AMOUNT OF$348,062.75 TO REHABILITATE APPROXIMATELY 2,105
LINEAR FEET OF 6-INCH AND 5,538 LINEAR FEET OF 8-INCH SANITARY SEWER LINES,FURNISH AND
INSTALL APPROXIMATELY FOUR MANHOLES, STABILIZE APPROXIMATELY EIGHT VERTICAL FEET
OF EXISTING MANHOLE,REMOVE AND REPLACE APPROXIMATELY 13 MANHOLES,ABANDON TWO
MANHOLES, FURNISH AND INSTALL APPROXIMATELY EIGHT END OF LINE CLEAN OUTS, REPLACE
APPROXIMATELY 170 SHORTSIDE SERVICE LINE CONNECTIONS,AND CLEAN AND TELEVISE 7,643
LINEAR FEET OF EXISTING AND NEWLY BURST SANITARY SEWER LINES IN THE SOUTH PARK AREA.
Councilmember Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 09 - 158
7. Consider approving the purchase of a vacuum truck for use by the Streets and Drainage
Division.
Administration recommended approval of the purchase from Southwest International Trucks,
Inc., in the amount of$244,237.
Page 8 of 18 Minutes-June 2,2009
Pricing for the vacuum truck is obtained through the BuyBoard Cooperative Purchasing
Program. BuyBoard is a cooperative purchasing association which provides cities and
political subdivisions with the means to purchase specialized equipment at volume pricing.
This vacuum truck will be used by the Streets and Drainage Division to maintain storm drain
lines and catch basins. This vacuum truck will be replacing unit 3270,which is a 1998 model
with 134,000 miles.
Delivery is estimated at one hundred twenty (120) days.
Funds are budgeted in the Capital Reserve Fund.
Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER
HEREBY APPROVES THE PURCHASE OF A VACUUM TRUCK FROM SOUTHWEST INTERNATIONAL
TRUCKS, INC., IN THE AMOUNT OF $244,237 THROUGH THE BUYBOARD COOPERATIVE
PURCHASING PROGRAM. 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 - 159
8. Consider authorizing the City Managerto execute acontractforthe 36-Inch Sanitary Sewer
Maintenance Clean and Televise Contract IA.
Administration recommended approval of a contract with Chief Solutions, Inc. of Houston,
Texas, in the amount of$201,620.00 to clean and televise 9,736 linear feet of 36-inch and 229
linear feet of 48-inch sanitary sewer lines.
Chief Solutions, Inc. is a City of Beaumont approved MBE company. They will complete
approximately 75%($151,620)of the project cost and subcontract with others the remaining
25%.
The line extends under Interstate 10 and then parallels the interstate from Kenwood to Laurel
Avenue. The line travels west just past 23 d Street and heads south to the 23rd Street lift
station. The line was originally installed in the mid 1980's. The project will allow City staff to
evaluate the integrity of the pipe, locate developing cavities, and remove settled solids in the
pipe.
Funds for the project are available in the Non-Operational Budget.
Page 9 of 18 Minutes-June 2,2009
Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER
BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH CHIEF SOLUTIONS, INC., OF
HOUSTON, TEXAS, IN THE AMOUNT OF $201,620.00 FOR THE 36-INCH SANITARY SEWER
MAINTENANCE CLEAN AND TELEVISE CONTRACT IA TO CLEAN AND TELEVISE 9,736 LINEAR FEET
OF 36-INCH AND 229 LINEAR FEET OF 48-INCH SANITARY SEWER LINES. Councilmember Pate
seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 09 - 160
9. Consider approving a contract for the construction of an entrance gate at Tyrrell Park.
Administration recommended the award of a bid to H.B. Neild and Sons, Inc., of Beaumont
in the amount of $200,912.
Four(4) bids were received on Thursday, April 16, 2009 for the construction of an entrance
gate to Tyrrell Park. The entrance gate will be constructed using both new and existing
materials supporting the City's efforts to adhere to sustainable building practices when
possible. Components of the original entrance gate built in 1940 by the Civilian Conservation
Corps(CCC)are still in existence. These components will be reused to create a welcoming
entrance to Tyrrell Park.
The gate is locked at dusk and opened at dawn each day. The entry gate will provide
information concerning the park and the onsite activities such as golf, botanical gardens,
playgrounds and Cattail Marsh.
A metal archway is also planned at the entrance with die cast metal letters adhered to a
bronze metal arch identifying the park. The archway was designed to notify park patrons of
their entrance to the multi use park.
If it is determined that an archway should not be constructed, a change order, at a future
council meeting,would reduce the bid by$25,000. Included in the base bid is a contingency
of$20,000 for additional work to repair the existing stone elements should they require more
rehabilitation than originally planned. If they can be moved without further damage, the
contingency will be credited to the project cost.
H. B. Neild & Sons, Inc. plans to subcontract approximately 6% of the contract to certified
MBE's and State certified HUB vendors.
Funds are available in the Capital Reserve Fund.
Page 10 of 18 Minutes-June 2,2009
Mayor Pro Tern Samuel made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED
BY H. B. NEILD & SONS, INC., IN THE AMOUNT OF $200,912 FOR THE CONSTRUCTION OF AN
ENTRANCE GATE AT TYRRELL PARK BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember
Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 09 - 161
10. Consider approving a contract for software applications and redesign of the website utilized
for the Convention and Visitors Bureau (CVB).
Administration recommended the award of a contract to Simpleview, Inc.,of Tucson,Arizona
in the amount of$103,385.
The CVB maintains an interactive website designed to facilitate the bureau's mission to
market Beaumont as a travel destination for groups and individuals from around the world.
The existing CVB website was originally launched in 2003. The website has received some
minor upgrades and additions to the original tools and modules. The redesigned,state-of-the-
art website will apply proven strategies to engage visitors, build traffic and cultivate a loyal
online community.
The Request for Proposals(RFP)were sent to four(4) potential responders and posted on
the City website. Twenty-nine(29)responses were received. All responses were evaluated
with the criteria provided in the RFP. After the initial evaluation, the two (2) highest ranking
respondents were invited to meet with City representatives to further review and discuss their
proposals. The respondents were Simpleview, Inc., and Miles Media. These respondents
were allowed to provide a best and final offer,forwhich a single response was received from
Simpleview, Inc.
Funds are available in the Hotel Occupancy Tax (HOT) Fund.
Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY
SIMPLEVIEW,INC.,IN THE AMOUNT OF$103,385 FOR A CONTRACT FOR WEBSITE REDESIGN FOR
THE CONVENTION AND VISITORS BUREAU 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
Page 11 of 18 Minutes-June 2,2009
Resolution 09 - 162
11. Consider approving the purchase of a trailer-mounted diesel generator for use in the Water
Utilities Department.
Administration recommended the purchase from Loftin Equipment Co., of Houston in the
amount of $102,471.50.
Contract pricing for this generator is obtained through the Houston-Galveston Area Council.
H-GAC is a cooperative purchasing association providing cities and political subdivisions
with the means to purchase specialized equipment at volume pricing. H-GAC complies with
State of Texas procurement statues. There is no administrative fee associated with this
purchase.
The City owns and operates seventy-eight (78) sanitary sewer lift stations. The trailer-
mounted Kohler Power Systems DC17 generator is portable and will be transported to
various sanitary lift stations in the event of extended power outages. This generator will be
used, in conjunction with three (3) existing generators, to provide service to the community.
Warranty service will be provided by Loftin Power Systems. The standard warranty is one(1)
year. Delivery will be in four (4) months.
Funds are budgeted in the Water Utilities Department's budget.
Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL
HEREBY APPROVES THE PURCHASE OF A TRAILER-MOUNTED KOHLER POWER SYSTEMS DC17
GENERATOR IN THE AMOUNT OF$102,471.50 FROM LOFTIN EQUIPMENT CO.OF HOUSTON,TEXAS,
THROUGH THE HOUSTON-GALVESTON AREA COUNCIL (H-GAC) COOPERATIVE PURCHASING
PROGRAM FOR USE BY THE WATER UTILITIES DEPARTMENT. Councilmember Coleman
seconded the motion.
I
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 09 - 163
12. Consider approving an annual contract with Beaumont Products and Services, Inc. (BPS).
Administration recommended the award of an annual contract with Beaumont Products and
Services, Inc., (BPS)for furnishing litter removal service on arterial street rights-of-way and
other specific areas at a rate of$14.08 per person, per hour worked. The contract will be
effective July 24, 2009.
Page 12 of 18 Minutes-June 2,2009
BPS is defined as a private not-for-profit State Certified Workshop. State Certified
Workshops encourage and assist disabled persons to achieve maximum personal
independence by engaging in useful and productive activities. Job programs are designed
for disabled individuals and marketed throughout the community. The State exempts political
subdivisions from competitive bidding requirements when contracting with a certified
workshop.
BPS has been furnishing biweekly litter removal services on specified arterial streets since
1987. BPS provides a crew of four(4)collection personnel and one(1)supervisor/driver,five
(5) days per week, excluding City holidays. BPS will be paid $14.08 per hour, per person
worked which includes all labor,transportation,equipment, insurance, and litter disposal fees.
An hourly rate provides the City with the option of using the crews only when and where
needed.
The requested rate per hour is a$1.00 increase from the previous contract. Minimum wage
in the State of Texas is scheduled to increase from $6.55 per hour to$7.25 per hour effective
July, 24, 2009. The requested rate reflects that increase plus associated payroll costs.
During the past twelve months, BPS has worked approximately 1,869 labor hours, removing
about 1,527.47 cubic yards of litter, at an estimated cost of $121,874.
Funds are available in the Code Enforcement Division's operating budget.
Mayor Pro Tern Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL
HEREBY APPROVES AN ANNUAL CONTRACT EFFECTIVE JULY 24, 2009, WITH BEAUMONT
PRODUCTS AND SERVICES,INC.(BPS)FOR FURNISHING LITTER REMOVAL SERVICES ON ARTERIAL
STREET RIGHTS-OF-WAY AND OTHER SPECIFIC AREAS AT A RATE OF $14.08 PER PERSON, PER
HOUR WORKED. 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 - 164
13. Consider approving a contractforthe CalderAvenue Drainage and Pavement Improvement
Project (Phase II).
Administration recommended the award of a contract to BRH-GARVER Construction, L.P.
of Houston in the amount of $24,616,416.25.
On May 21, 2009 the City of Beaumont received eight (8) bids for the Calder Avenue
Drainage and Pavement Improvement Project(Phase II). The lowest bid was submitted by
BRH-GARVER Construction, L.P. in the amount of$24,616,416.25.The Engineer's estimate
for the project before receipt of bid was $32,000,000.00.
Page 13 of 18 Minutes-June 2,2009
The official total bid amount is determined by the summation of the contract amount"A"and
the time element "B". The City uses the following formula to make the calculation:
A + B = total bid amount for award consideration
The contract price, equal to A in the formula,is determined by the summation of the products
of the approximate quantities shown in the proposal and the unit prices bid, and; The time
element B of the bid is determined by multiplying the bid time proposed by the contractor to
complete the work of Item 462 (Concrete Box Culvert) by the daily road user cost of
$2,500/Calendar Day.
The MBE participation is 20% of the contract amount.
Funds are available in the Capital Program.
Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED
BY BRH-GARVER CONSTRUCTION,L.P.,HOUSTON,TEXAS IN THE AMOUNTOF$24,616,416.25 FOR
A CONTRACT FOR THE CALDER AVENUE DRAINAGE AND PAVEMENT IMPROVEMENT PROJECT
(PHASE II)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 09 - 165
WORKSESSION
Discuss the Substantial Amendment to the Consolidated Grant Program's 2008 Action
Plan
Chris Boone, Community Development Director, discussed that on February 17, 2009,
President Obama signed the American Recovery and Reinvestment Act of 2009 (ARRA),
providing federal funds through the Community Development Block Grant program to help
stimulate the economy. The City of Beaumont received $484,556, as part of this stimulus
package. CDBG-R funds may be used for, a) preserving and creating jobs and promoting
economic recovery; b) assisting those most impacted by the recession; c) providing
investment needed to increase economic efficiency; d) investing in transportation,
environmental protection,or other infrastructure that will provide long-term economic benefits;
e) minimizing or avoiding reductions in essential services; or f) fostering energy
independence.
Page 14 of 18 Minutes-June 2,2009
During the normal CDBG allocation process, the Community Development Advisory
Committee (CDAC) spends months reviewing applications for Public Services and Public
Facilities funding. However, ongoing instructions and time restrictions from HUD for the
special CDBG-R program has resulted in a significantly abbreviated review process. In an
effort to include the CDAC in this allocation process, the CDAC conducted a public
hearing/workshop on May 22, 2009 to review applications and make recommendations to
City Council regarding the use of these funds. Additionally,the Administration has reviewed
the applications received in order to make recommendations to City Council.
Please note that the recommendations from the Administration differfrom that of the CDAC
for several reasons. First, of the $484,556 total allocation, ten percent will be used for
administrative costs and $75,500 will be used for infrastructure improvement associated
Jehovah Jireh Phase II-B, affordable housing project. As a result, the amount to be
considered for these applications would be $360,601, not the full $484,556. Second, HUD
is requiring that these funds be spent within a six-month time period and is requiring that
eighty-five percent of the funds are to be used for Public Facilities Improvements and only
fifteen percent can be used for Public Services. Public Facilities Improvements include
expenses for physical improvements to service provider's facilities and Public Services
funding is used for ongoing operating expenses and service delivery. Because of these HUD-
imposed restrictions of use and time,and because the Administration feels that expenditures
to improve and enhance the physical facilities of the applicants will allow for a more immediate
economic impact to local economy, while providing for the long-term enhancement of the
service provider's facilities,the Administration's recommendations are different from that of
the CDAC.
14. Consider approving a resolution adopting the amendment to the Consolidated Grant
Program's 2008 Action Plan.
Administration recommended approving a resolution adopting the amended Consolidated
Grant Program's 2008 Action Plan.
Funding is available from Community Development Block Grant Funds received through the
American Recovery and Reinvestment Act of 2009 (CDBG-R Funds).
Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL
HEREBY APPROVES AND ADOPTS THE SUBSTANTIAL AMENDMENT TO THE CONSOLIDATED GRANT
PROGRAM'S 2008 ACTION PLAN. Councilmember Smith seconded the motion.
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AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 09 - 166
Page 15 of 18 Minutes-June 2,2009
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15. PUBLIC HEARING: Dangerous Structures
Public Hearing Open: 2:27 p.m.
Public Comments were made by the following people who personally appeared and
requested additional arrangements for their property.
Roger Rashall 4915 Belmont Beaumont TX
Item# 3 4915 Belmont
Oswald Williams 8560 Washington Beaumont TX
Item#19 2505 Filmore
Rosetta Jones 4330 Cartwright St. Beaumont TX
Item# 21 800 Goliad (Garage)
Horace Black 2212 Irving Beaumont TX
Item# 28 2212 Irving
Kenneth Wilcox 7855 Jackson Beaumont TX
Item# 29 7855 Jackson Rd. (Garage)
Flora Escamilla 2045 Delaware Beaumont TX
Item# 30 2280 Laurel
Tomiko A. Judge 2145 Pecos Beaumont TX
Items# 33 & 34 2089 Linson (Unit A & B)
John Leggett 2265 Ashley Beaumont TX
Item# 35 480 Magazine (Garage & Shed)
James Wes Schlett 142 Mariposa St. Beaumont TX
Item# 51 1515 South St.
Mike Ramsey 6875 Phelan Beaumont TX
Item# 53 6875 Phelan
Page 16 of 18 Minutes-June 2,2009
Public Hearing Closed: 3:00 p.m.
Mayor Pro Tern Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AS
WELL AS TO ALLOW PROPERTY OWNERS OF ITEMS #3, 19, 21, 29, 30, 35 AND 51, TO ENTER
INTO A 150 DAY WORK PROGRAM ON'THE DANGEROUS STRUCTURES LIST, ITEMS #33 AND 34
DEFERRED FOR 30 DAYS AND DEFER ITEM#53; PROVIDING FOR SEVERABILITY AND PROVIDING
FOR A PENALTY. Councilmember Beaulieu seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 09 - 032
COUNCILMEMBER COMMENTS
COUNCILMEMBER SMITH - NONE
MAYOR PRO TEM SAMUEL - NONE
COUNCILMEMBER PATE - COMMENDED CINDY BLOODWORTH FOR THE CELEBRITY
MODELS PROGRAM,ANNOUNCED THE HURRICANE PARTY,
AS WELL AS THE MEMORIAL HERMAN HOSPITAL GROUND
BREAKING CEREMONY FOR THEIR NEW FACILITY THAT WILL
HOUSE FAMILIES THAT HAVE CRITICAL EMERGENCIES
COUNCILMEMBER WRIGHT - CONGRATULATED ALL HIGH SCHOOL AND COLLEGE
GRADUATES, COMMENTED ON THE GROUND BREAKING
CEREMONY FOR THE ATHLETIC COMPLEX THAT TOOK PLACE
ON LAST WEEK
COUNCILMEMBER BEAULIEU - NONE
COUNCILMEMBER COLEMAN - NONE
CITY ATTORNEY COOPER - NONE
CITY MANAGER HAYES - NONE
Page 17 of 18 Minutes-June 2,2009
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MAYOR AMES- COMMENTED ON THE PRESS CLUB EVENT THAT WILL BE ON
FRIDAY, JUNE 5, 2009, WHERE FIRE CHIEF ANNE HUFF
WILL BE THE HONOREE, ALSO COMMENTED ON THE
RECYCLING COMMITTEE MEETING,THE NEXT MEETING WILL
BE JULY 13, 2009 AT 11:45 A.M.
Public Comments (Persons are limited to three minutes)
Terrell Chatman 645 Goliad Beaumont TX
Founder of Gods Way Spiritual Maintenance, informed council of the free services offered and
what they are doing throughout the community
William Harlan 2385 Broadway #18 Beaumont TX
Spoke regarding his objection to the uninsured motorist ordinance that was passed by council
at the May 19, 2009 meeting
Open session of meeting recessed at 3:14 p.m.
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with Section
551.071 of the Government Code:
Beaumont Police Officers Association v. The City of Beaumont, Texas
Estate of Elizabeth Gilbert Fortune
KSH Ventures, LLC, dba LaQuinta Inns and Suites
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There being no action taken in Executive Session, Council adjourned.
Audio available upon request in the City Clerk's Office.
Bec y A , Mayor
Tina Broussard, ity Clerk 101
� r
Page 18 of 18
Minutes-June 2,2009