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HomeMy WebLinkAboutMIN JUL 14 2009 M I N U T E S - CITY OF BEAUMONT W.L. Pate, Jr., At-Large BECKY AMES, MAYOR Gethrel Wright, Mayor Pro Tern Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Ward II Audwin Samuel, Ward III July 14, 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 July 14, 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 1-7/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Reverend 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 Wright, Councilmembers Coleman, Beaulieu, Pate, and Smith. Absent: Councilmember Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Councilmember Samuel is out of the City on vacation. Proclamations, Presentations, Recognitions "The City of Beaumont TxSWANA Road-E-O Winners" - The City of Beaumont's Solid Waste Division hosted the TxSWANA Road-E-O on June 20, 2009. The following City employees that were winners in the Road-E-O were: Quentella Joseph - First Place, Rear Loader, Michael Wilkerson-Second Place, Roll-Off, Darryl Pratt-Second Place, Compactor, Leland Gilll-Second Place, Heavy Equipment Mechanic, Joseph Rosemond-Third Place, Articulated Dump Truck Public Comment: Persons may speak on scheduled agenda items 1-7/Consent Agenda. Rennick Tuck 1901 Corley Beaumont TX Spoke regarding Item #1 on the agenda, approving a contract for towing services - impounding of uninsured vehicles Minutes-July 14,2009 CONSENT AGENDA Approval of minutes - June 30, 2009 Confirmation of committee appointments - None A) Authorize the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No.6 for the Downtown Event Center& Park Project-Resolution 09-200 B) Authorize the acquisition of property for the Downtown Event Center and Park Project - Resolution 09 - 201 C) Authorize the City Manager to execute an agreement with BMI for the payment of licensing fees - Resolution 09 - 202 D) Approve a contract for concrete raising and rehabilitation services - Resolution 09 - 203 E) Authorize the granting of two (2) Pipeline License Agreements to cross city rights-of-way - Resolution 09 - 204 Councilmember Pate made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a contract for Towing Services - Impounding of Uninsured Vehicles. Administration recommended the award of a contract to TNT Wrecker Service of Beaumont, Texas. On May 19, 2009, Council approved amending Section 26-41 of the Code of Ordinances to allow for towing and impounding of vehicles that are not insured or otherwise covered for financial responsibility in accordance with state law. The amendment is effective July 15, 2009. To effectively implement the program, it was determined that the City would enter into a management agreementwith a local towing company whereby the towing company would be notified by Police Officers when it was determined that a vehicle was to be towed due to lack of insurance. The towing company would be responsible for towing the vehicle, storing the Page 2 of 11 Minutes-July 14,2009 vehicle, collecting related fees, releasing the vehicle once the owner had proof of financial responsibility,and submitting a monthly report required by the City for monitoring the program. Request for Proposals were solicited from fourteen (14) vendors for towing services for impounding of uninsured vehicles and three (3) responses were received. Vendors were requested to provide information on their experience with similar contracts, equipment, personnel, data control software and the size of the auto storage facility. This information was evaluated by a panel of City employees. There is no cost to the City related to this contract. Councilmember Beaulieu moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH TNT WRECKER SERVICE OF BEAUMONT, TEXAS, FOR TOWING SERVICES/IMPOUNDING OF UNINSURED VEHICLES. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 205 2. Consider approving a contract for the construction of a dog park to be located at Ida Reed Park. Administration recommended the award of a contract to U.S. Fence&Gate, Inc., of Orange, Texas, in the amount of $53,378. The City's first dog park will be located on the north side of Ida Reed Park at 2348 Louisiana Street. The dog park will have an eight(8)foot vinyl-coated chain link fence surrounding it with an eight(8)foot aluminum ornamental fence running along the north side of the park or parallel to Interstate 10. The dog park will have two areas to separate large and small dogs. Staff has worked with the local Neighborhood Association and dog owners in the development of the park. Other improvements will include water stations and entry/exit transfer areas. The department is considering the use of alternate surfaces and wood chip mulch as a base to facilitate cleaning. The existing playground and a large play area will remain available to neighborhood children. Funds are available for this expenditure in the Capital Reserve Fund. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY U.S.FENCE&GATE,INC.,OF ORANGE,TEXAS, IN THE AMOUNT OF$53,378 FOR A CONTRACT FOR THE CONSTRUCTION OF A DOG PARK TO BE LOCATED AT IDA REED PARK BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. Page 3 of 11 Minutes-July 14,2009 AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 206 Virginia Jordan, President of the Oaks Historic District Neighborhood Association,along with other members of the Neighborhood Association, presented the City of Beaumont with a $10,000 check for the Dog Park. 3. Consider authorizing the City Manager to enter into contracts for the purchase of homes and the provision of relocation assistance for owners of houses flooded during Hurricane Ike in conjunction with the approved Hazard Mitigation Grant Program's Acquisition and Demolition Program. Administration recommended approval. As a result of Hurricane Ike, some homes located within the floodplain, east of Pine Street, received flood damage. Because the City's floodplain land use ordinance requires that homes in the floodplain that are substantially damaged be elevated prior to repair, many residents have found elevating their homes and repairing them difficult if not impossible. In order to provide relief to the residents and avoid future repetitive flooding of these homes, the City applied for Hazard Mitigation funds to acquire and demolish these homes. The City was successfully awarded this grant for acquisition and removal of sixteen (16) homes. To date, we have inspected and secured appraisals for each of the sixteen (16) homes and made purchase and relocation offers. Please note that the purchase offer amounts are based on pre-storm appraisal values, less any proceeds from insurance and/or other disaster relief assistance. The amount of relocation assistance is based on the grant formula and differs, depending upon the resident's desire to secure rental housing or purchase a new home. Address Owners Name Purchase Amount Relocation Amount 2950 Tailiaferro Henry Seale $45,000.00 $5,250.00 3490 Taliaferro Herbert & Shirley Grogan $44,050.89 $0.00 460 E Delaware Carl & Isabella Mason $6,500.00 $4,000.00 470 E Delaware Arbie Adams $6,000.00 $0.00 480 E Delaware Myles Thomas $30,000.00 $0.00 390 Fletcher Betty Green $18,000.00 $5,250.00 485 Manning Howard LeBlanc $35,000.00 $5,250.00 445 Manning Horace & Lilly Dean $5,000.00 $0.00 Total: $189,550.89 $19,750.00 FEMA Grant Amount(at 75%) $142,163.17 $14,812.50 Local CDBG Match Amount (at 25%) $47,387.72 $4,937.50 Page 4 of 11 Minutes-July 14,2009 This grant provides seventy-five percent(75%)of the costs,with a required twenty-five percent (25%) local match, which will be paid through a reallocation of 2008 Program Year CDBG demolition funds. It is expected that additional purchase contracts will be forthcoming as offers are accepted by the homeowners. Once these properties are acquired, the City will demolish these homes and deed restrict the properties, to prevent future flooding losses. These costs will also be covered by the grant. Funds this local match are available through the 2008 Program Year CDBG Budget. Mayor Pro Tern Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CONTRACTS WITH THE OWNERS OF HOMES FLOODED DURING HURRICANE IKE FOR THE PURCHASE OF THOSE HOMES AND THE PROVISION OF RELOCATION ASSISTANCE THROUGH THE HAZARD MITIGATION GRANT PROGRAM'S ACQUISITION AND DEMOLITION PROGRAM. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 207 4. Consider approving Change Order No. 2 forthe Rolfe Christopher Pavement Improvement Project. Administration recommended approval of Change Order No. 2 in the amount of$226,306.93 for widening the roadway pavement of Rolfe Christopher between Florida Avenue and the US 69, 96 & 287 Frontage Road. When Rolfe Christopher Street was initially identified as a project in the FY 2004 Capital Program,the proposed street cross section was four lanes(two lanes in each direction)with left turn lanes and a median.Additionally, bike lanes would be installed on Rolfe Christopher from Florida to East Virginia. During the development of the plans for the project, representatives from Lamar University metwith the City to discuss the project. Based on those discussions the street cross section was changed to two lanes (one lane in each direction) with left turn lanes at certain intersections, bike lanes and a median. Due to the high number of pedestrians that would be crossing and/or adjacent to Rolfe Christopher, a traffic calming measure was instituted that would impact vehicle speeds.The traffic calming method implemented on the project between Florida Avenue and US 69, 96, &287 was eleven (11)foot traffic lanes.The recommended design guidelines for traffic lane widths range from ten to twelve feet depending upon the type of roadway facility.Although the eleven foot traffic lanes are within design guidelines, this lane width, coupled with curbs on both sides, is perceived by the driver as being narrow which results in drivers reducing their speed. Page 5 of 11 Minutes-July 14,2009 After completion of the street and curb installation on the section of Rolfe Christopher between Florida Avenue and US 69, 96 & 287, representatives from Lamar University drove this section and felt that the roadway appeared to be too narrow.A request was made to the City requesting that this section of the project be widened. Upon reviewing their request, it was recommended and agreed upon to widen the traffic lanes in this section from eleven to fourteen feet. It should be noted that the design of the project took into consideration the potential widening of the street for additional traffic lanes in the future. Change Order No. 2 will increase the estimated quantities for the saw cutting and removal of existing concrete, roadway excavation, backfill embankment, block sodding, base course, concrete pavement and curb, and pavement striping. This Change Order in the amount of $226,306.93 will increase the contract amount to $5,917,405.51 . Funds are available in the Capital Program. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 2 IN THE AMOUNT OF $226,306.93, THEREBY INCREASING THE CONTRACT AMOUNT TO $5,917,405.51 FOR THE ROLPHE CHRISTOPHER PAVEMENT IMPROVEMENT PROJECT(SPUR 380-EAST VIRGINIA STREET, TO HWY 69 S FEEDER ROAD . Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 208 5. Consider authorizing the City Manager to increase the Proposed Surface Water Treatment Plant Improvement Phase I Project for "extra work". Administration recommended approval of increasing the Proposed Surface Water Treatment Plant Improvements Phase I Project by $209,871.72. Improvements at the Water Treatment Plant include renovating the pulsators, and building new chlorine and chemical feed facilities. The pulsators were originally sedimentation basins constructed in 1948. During the 1980's, the basins were converted into the pulsators. The project will repair the numerous cracks in the reinforced concrete walls and floors. The number of cracks in the walls is more severe than previously determined during the design phase of the project. The bid quantities on the project is set up for all three pulsators, however the quantities were reached in the first pulsator. The project also includes miscellaneous mechanical and electrical improvements including a building with provisions for two (2) 150OKW Caterpillar generators. The changes will improve the future operation, provide emergency backup power, increase the efficiency of the Water Treatment Plant, and help the City meet required State and Federal regulations. Page 6 of 11 Minutes-July 14,2009 Previous actions include: Resolution 08-137 in the amount of$8,041,191 .50 was passed by City Council on May 6, 2008. Resolution 08-351 in the amount of $239,066.95 was passed by City Council on December 23, 2008. Resolution 09-040 in the amount of$26,195.75 was passed by City Council on February 10, 2009. The proposed changes to the contract will provide a credit to the City by using non-tinned medium voltage cables and deleting epoxy coating at Pulsator 2 and Pulsator 3 basin floors. The proposed changes will also demolish electric manhole duct banks, change PVC conduit to Rigid Galvanized Steel conduit at the Electric Building, remove an abandoned 24-inch pipeline, provide emergency power for SCADA transmitter, replace (2)48-inch flow meters with (2) 36-inch flow meters with adaptors for accuracy, upgrade all windows and doors in Chemical Building to Hurricane rated, repair leakage and concrete damage to the walls of the existing Mixed Water Channel, including repair of through-the-wall cracks with Combiflex,and additional 900 linear feet of 4-inch electrical PVC electrical installation to the Administration Building from electrical switchgear manhole.The proposed changes will increase the contract time by 115 calendar days. Funds for the project are available in the Capital Program. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 3 IN THE AMOUNT OF $209,871.72, THEREBY INCREASING THE CONTRACT AMOUNT TO$8,516,325.92 FOR THE PROPOSED SURFACE WATER TREATMENT PLANT IMPROVEMENT PHASE I PROJECT. Mayor Pro Tern Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 209 6. Consider authorizing the City Manager to execute a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XVI. Administration recommended approval of a contract with Horseshoe Construction, Inc. La Porte, Texas, in the amount of $179,560.00. The Project will rehabilitate approximately 2,335 linear feet of 10-inch and 1,340 linear feet of 8-inch sanitary sewer lines, stabilize approximately 10 vertical feet of existing manhole, remove and replace approximately 12 manholes, replace approximately 14 short side and five long side service line connections, and clean and televise 3,675 linear feet of existing and newly burst sanitary sewer lines in the North End.The project will rehabilitate the feeder road on US Highway 69 near Academy and near Mazzio's and on Odom Road. Page 7 of 11 Minutes-July 14,2009 The existing sewer lines built in the 1950's have deteriorated and require major rehabilitation. The primary goals of the project are to restore the integrity of the sanitary sewer lines, restore the carrying capacity, provide customers with uninterrupted and adequate service and meet the Sanitary Sewer Overflow Initiative agreement requirements with the state. Funds for the project are available in the Capital Program. Councllmember Coleman 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-XVI IN THE AMOUNT OF $179,560.00. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 210 7. Consider authorizing the award of contracts for Emergency Standby Products, Services and Debris Removal. Administration recommended the award of contracts to DRC Emergency Services of Mobile, Alabama, Byrd Brothers Emergency Services of Wilson, North Carolina and Ceres Environmental Services of Houston, Texas. A pre-positioned emergency standby products, services and debris removal contract provides the City with the resources needed in the event of a disaster. Seven (7) bids were received and opened on Thursday, June 4, 2009 for the Emergency Standby Products, Services and Debris Removal Contract to be utilized in the event of a disaster. Specifications allow the contract to be awarded to one or more vendors as determined by the City on a primary, secondary and tertiary basis. The contract will be awarded for a three(3)year term with the possibility of three (3) one (1) year extensions. Vendors were required to have performed at least five (5) debris removal and disposal operations in excess of 1,000,000 cubic yards, and provide references for the communities where these operations took place. Bidders were also asked to provide information outlining their company's background,organizational chart, list of subcontractors,technical experience, financial resources,training and professional experience, references and mobilization plans. It was determined that the company offering the best value to the City was DRC Emergency Services of Mobile, Alabama. They have an extensive background in disaster debris management and the financial resources to insure that the emergency standby products and subcontractors will be available to the City in the event of a disaster. DRC Emergency Services is recommended as the City's primary Contractor. Page 8 of 11 Minutes-July 14,2009 A secondary contract with Byrd Brothers Emergency Services of Wilson, North Carolina is recommended and would be utilized in the event DRC Emergency Services could not provide the requested products and services. This vendor also has the financial resources and background to provide the products and services should it be required. In addition a contract with a third vendor, Ceres Environmental Services of Houston,Texas is recommended in the event additional disaster services are required. The budgetary impact of awarding these contracts is contingent upon the occurrence of a declared disaster and the degree of resources needed at that time. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE PROPOSALS SUBMITTED BY DRC EMERGENCY SERVICES OF MOBILE,ALABAMA(PRIMARY), BYRD BROTHERS EMERGENCY SERVICES OF WILSON,NORTH CAROLINA(SECONDARY),AND CERES ENVIRONMENTAL SERVICES OF HOUSTON,TEXAS(TERTIARY), FOR THREE(3)YEAR CONTRACTS FOR FURNISHING EMERGENCY STANDBY PRODUCTS,SERVICES AND DEBRIS REMOVAL,AS NEEDED,WITH THREE(3) ONE (1)YEAR RENEWAL OPTIONS BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 211 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - WISHED MAYOR PRO TEM WRIGHT A BELATED HAPPY BIRTHDAY AND A HAPPY ANNIVERSARY, COMMENTED ON THE GREAT TIME HE HAD AT THE COWARD FAMILY REUNION OVER THE WEEKEND, ANNOUNCED THE TYRRELL PARK NEIGHBORHOOD ASSOCIATION MEETING ON THURSDAY, JULY 16, 2009 AT 6:30 P.M., AT THEODORE JOHNS LIBRARY, CONGRATULATED THE CITY FOR THE AWARDS THEY RECEIVED, ALSO GLAD THAT THE CITIZENS IN THE NORTH END RECEIVED THE ASSISTANT THAT THEY NEEDED COUNCILMEMBER PATE - APPRECIATES THE GREAT JOB THAT THE OAKS HISTORIC DISTRICT DOES AS FAR AS GETTING INVOLVED IN THEIR NEIGHBORHOOD,ENCOURAGED ALL OTHER CITIZENS TO GET INVOLVED WITH THEIR NEIGHBORHOOD ASSOCIATIONS, ALSO REMINDED EVERYONE THAT THE MONTH OF JULY IS Page 9 of 11 Minutes-July 14,2009 VERY HOT AND THE TEMPERATURE IS RISING OVER 100 DEGREES, ASKED THAT EVERYONE TAKE CARE OF THEMSELVES AND DRINK PLENTY OF FLUIDS MAYOR PRO TEM WRIGHT - CONGRATULATED LACEE GORDON, WHO IS THE GOLD AWARD WINNER WHICH IS THE HIGHEST AWARD IN GIRL SCOUTING,SHE IS THE DAUGHTER OF MAUREEN AND EDWIN GORDON, ALSO CONGRATULATED JASMINE ANTOINE, A LAMAR UNIVERSITY STUDENT, WHO WON THE FOX 4 AMERICAN IDOL AUDITION, ALSO COMMENTED ON THE SHIPS, CAPE VINCENT AND CAPE VICTORY, THAT ARE LEAVING THE BEAUMONT AREA, COMMENTED ON THE DOG PARK AND THE NEED FOR DOG FOOD,CONGRATULATED THE SOLID WASTE DEPARTMENT ON THEIR AWARDS COUNCILMEMBER BEAULIEU - PROUD OF ALL THE WORK THAT SHE HAS SEEN THROUGHOUT THE NEIGHBORHOOD ASSOCIATIONS, CITY STAFF AND THE MAYOR WHO IS DOING A GREAT JOB AS WELL COUNCILMEMBER COLEMAN - THANKED THE HISTORIC DISTRICT FOR THEIR CONTRIBUTION, COMMENTED ON MISSING THE 4T"OF JULY FIREWORKS SHOW COUNCILMEMBER SAMUEL - ABSENT CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES- CONGRATULATED THE SOLID WASTE EMPLOYEES, THANKED LAURA CLARK AND HER STAFF ON THE WORK FOR THE TOWING CONTRACT, JIM THOMPSON AND HIS STAFF FOR THE WORK ON THE DOG PARK AND CHRIS BOONE AND HIS STAFF FOR THE WORK ON THE HOMES THAT WERE FLOODED BY HURRICANE IKE MAYOR AMES - THANKED CITY STAFF FOR ALL OF THE HARD WORK THAT THEY DO EVERY DAY, COMMENTED ON THE GREAT 4T" OF JULY FIREWORKS, AS WELL AS CAPE VINCENT AND CAPE VICTORY Public Comments (Persons are limited to three minutes) Kerry Avie 3035 Elinor Beaumont TX Religious comments Page 10 of 11 Minutes-July 14,2009 Rennick Tuck 1901 Corley Beaumont TX Commented on the uninsured motorist towing contract and the hardship this ordinance would cause for the elderly and other citizens, asked that council consider having a life guard at Colliers Ferry Park Caleb Avila 3820 Delaware Dr. Beaumont TX Asked that doors become open for the Latino's and to remind everyone that they are still a part of the community Open session of meeting recessed at 2:39 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551 .071 of the Government Code: Linda Thomas vs. the City of Beaumont Holiday Inn Midtown/U.S. Cheema, Inc. Beaumont Police Officers Association v. the City of Beaumont Erik Kvarme, et al v. City of Beaumont, et al There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. Bey A ayor ��4� i Tina Broussard, City Clerk Page 11 of 11 Minutes-July 14,2009