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Home My WebLink AboutMIN MAR 02 2010 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 March 2, 2010 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 March 2, 2010, 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 3-9/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. Former Mayor Guy Goodson 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 and Pate. Absent: Councilmembers Samuel and Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Councilmember Samuel was absent due to being out of town and Councilmember Smith was absent due to election day Proclamations, Presentations, Recognitions "Judge James McNicholas Day" - March 2 , 2010 - Proclamation read by Mayor Ames; accepted by Judge James McNicholas The Mayor also recognized former Mayors, Maurice Meyers, Evelyn Lord, David Moore and Guy Goodson, as well as the Municipal Court Magistrates Mayor Ames recessed the council meeting at 1:43 p.m., for a short reception in honor of Judge McNicholas in the main lobby of City Hall Mayor Ames reconvened the meeting at 2:05 p.m. Minutes-March 2,2010 Public Comment: Persons may speak on scheduled agenda items 3-9/Consent Agenda. John Newhouse 701 Trinity St. Beaumont TX Spoke regarding item#9 on the agenda; approving two annual contracts for the publication of legal notices Don Dodd 1635 Weston Court Beaumont TX Spoke regarding item#9 on the agenda; approving two annual contracts for the publication of legal notices CONSENT AGENDA Approval of minutes - February 23, 2010 Confirmation of committee appointments - Resolution 10 - 044 Martha Hicks would be appointed to the Library Commission. The term would commence March 2, 2010 and expire March 1, 2012. (Mayor Becky Ames) A) Authorize the acquisition of properties for the Concord Road Pavement Widening Project- Resolution 10 - 045 B) Authorize the City Manager to execute a grant agreement with the South East Texas Regional Planning Commission to provide equipment for the Best Years Senior Center- Resolution 10 - 046 C) Authorize the City Manager to increase the 23rd Street Lift Station Rehabilitation Project for "extra work" - Resolution 10 - 047 D) Authorize the City Manager to Accept a proposed offer by Caterpillar related to the Surface Water Treatment Plant Improvements Phase I Project Genset Purchase Agreement - Resolution 10 - 048 E) Approve Change Order No. 4 on the City Hall First Floor Renovations project- Resolution 10 - 049 F) Approve the waiver of penalties and interest on one tax account processed by the Jefferson County Tax Assessor-Collector's Office - Resolution 10 - 050 G) Approve the waiver of penalties and interest on one tax account processed by the Jefferson County Tax Assessor-Collector's Office - Resolution 10 - 051 H) Adopt the Reinvestment Zone Tax Abatement Policy for the City of Beaumont- Resolution 10 - 052 Page 2 of 9 Minutes-March 2,2010 1) Authorize the City Manager to renew the loan agreement with the National Museum of the United States Air Force - Resolution 10 - 053 Mayor Pro Tern Wright made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU AND PATE NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 2566 IH-10 East. Councilmember Pate requested that this item be tabled on behalf of Councilmember Samuel in his absence 2. Consider a request for an HC-L(Historic Cultural-Landmark Preservation Designation)at 480 Magazine. Councilmember Beaulieu requested that this item be tabled so that Main Street would have an opportunity to make a proposal to salvage this home Administration recommended denial of the HC-L request. Mr. Legett states that the single family residence was originally two houses built in Port Arthur, Texas dating back to the Civil War era. These houses were later moved to the current location in Beaumont and combined to make one house between 1889 and 1894. Mr. Legett states that the house contains architectural characteristics typical of a working class home during the Victorian Age. The structure in question has been in two work programs totaling 300 days and during that time a partial roof was installed. In November of last year a final notice before demolition was sent to Mr. Legett for not complying with the City Councils order or the work program. On November 13, 2009, a disconnect order was issued for utilities. On January 19, 2010, the City received a letter from Kelly Little with the Texas Historical Commission stating that she had determined that the house had historical value. A temporary restraining order has been granted to allow time for the City to consider an HC-L designation. The recommendation for denial is due to failure to follow City Council's order to make substantial repairs within the allotted 150 days. At a Historic Landmark Commission meeting held February 8, 2010, the Commission approved the request by a vote of 10.0. At a Joint Public Hearing held February 15, 2010, the Planning Commission recommended 3:2 to approve the HC-L (Historic Cultural-Landmark Preservation Designation) at 480 Magazine. Page 3 of 9 Minutes-March 2,2010 3. Consider authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XVII Project for "extra work". The City Council approved the contract on January 12, 2010 in the amount of$788,933.00. Administration recommended approval of increasing the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XVII Project amount by$194,944.The proposed changes to the contract will rehabilitate approximately 2,843 linear feet of 6-inch sanitary sewer lines, rehabilitate approximately 2,247 linear feet of 8-inch sanitary sewer lines, rehabilitate approximately 641 linear feet of 10-inch sanitary sewer lines. The proposed extra work will represent an increase of 24.71%of the original contract amount. The proposed extra work is located in Old Town on Ashley, Long, and Harrison Avenues, west of 11 th Street on Louisiana Avenue, and north of Folsom on Kipling Drive. The existing sewer lines built in the 1940's, 1950's, and 1960's have deteriorated and require major rehabilitation. Funds for the project are available in the Capital Program. Mayor Pro Tern Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1 FOR EXTRA WORK DESCRIBED ABOVE, THEREBY INCREASING THE CONTRACT AMOUNT BY $194,944 FOR A TOTAL CONTRACT AMOUNT OF $983,877. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU AND PATE NAYS: NONE MOTION PASSED Resolution 10 - 054 4. Consider approving the purchase of four(4)forty-five (45) cubic yard trailers for use by the Solid Waste Division. Administration recommended approval of the purchase from STECO, Inc., of Enid, Oklahoma in the amount of $156,980. The trailers are used by the Solid Waste Division for hauling heavy trash and debris. The trailers being replaced are ten (10) to fifteen (15) years old. Age and heavy use after Hurricanes Rita and Ike have rendered them unfit for further service. Funds are budgeted in the Solid Waste Fund. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY STECO, INC., OF ENID, OKLAHOMA, IN THE AMOUNT OF $156,980 FOR THE PURCHASE OF FOUR (4) FORTY-FIVE CUBIC YARD TRAILERS BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Beaulieu seconded the motion. Page 4 of 9 Minutes-March 2,2010 AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU AND PATE NAYS: NONE MOTION PASSED Resolution 10 - 055 5. Consider approving a contract for the purchase of fire protective clothing. Administration recommended the award of a contract to Fuego International, LLC of Austin, TX, in the estimated amount of $145,880. The Fire Department has wear-tested several brands of fire protective clothing and has determined that the Morning Pride Manufacturers line offers ease of movement, excellent protection for fire fighters, and the best value to the City. Estimated annual cost is based on the purchase of seventy (70) sets of protective clothing. This estimated quantity may be increased or decreased according to the needs of the department. Funds are available for this expenditure in the Fire Department's operating budget. Councllmember Coleman made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY FUEGO INTERNATIONAL, LLC OF AUSTIN, TEXAS, FOR THE PURCHASE OF AN ESTIMATED QUANTITY OF 70 SETS OF FIRE PROTECTIVE CLOTHING FOR FIREFIGHTERS AT$2,084.00 PER SET FOR AN ESTIMATED ANNUAL COST OF $145,880.00 BE ACCEPTED BY THE CITY OF BEAUMONT. Mayor Pro Tern Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU AND PATE NAYS: NONE MOTION PASSED Resolution 10 - 056 6. Consider approving a resolution certifying that Urgent Need conditions exist as a result of Hurricane Ike. Administration recommended approval. Asa result of Hurricane Ike, homes, businesses and City facilities sustained damage orfailed to function properly. Many residences, especially those owned and/or occupied by low and moderate income persons continue to be damaged. As after Hurricane Rita, funds from the Housing and Urban Development Department (HUD) and the Federal Emergency Page 5 of 9 Minutes-March 2,2010 Management Agency(FEMA)were made available for repairs and reconstruction of homes, as well as City facilities. In order to expedite the availability of similar funds for Hurricane Ike, the Southeast Texas Regional Planning Commission (SETRPC) is requesting that the City consider approving a resolution certifying that an Urgent Need exists for this type of assistance. HUD requires that Urgent Need issues be identified within eighteen (18)months of an occurring event. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY OF BEAUMONT CERTIFIES AN URGENT NEED EXISTS THAT IS A THREAT TO THE HEALTH AND WELFARE OF THE COMMUNITY. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU AND PATE NAYS: NONE MOTION PASSED Resolution 10 - 057 7. Consider amending Section 21-8 of the Code of Ordinances related to longevity pay. Administration recommended Council amend Section 21-8, Longevity Pay, of the Code of Ordinances to discontinue longevity pay for civilian employees hired after March 2, 2010. Presently Section 21-8 of the Code of Ordinances states: "Each regular full-time employee with five (5)or more years of service will be paid longevity pay at the rate of four dollars ($4.00) per month for each year of service up to and including twenty-five (25) years. Proposed language to be added: "Longevity pay will not be paid to civilian employees hired on or after March 2, 2010." The City is currently undergoing a review of revenues, expenditures and practices as it relates to current and future sustainability. In FY 2009,the City paid$297,651.52, in longevity pay to current civilian employees who qualify to receive it. The purpose of longevity pay in the past was to supplement an employee for experience and years of service and also to maintain long-term employment and staffing levels. Undercurrent hiring practices anew hire's starting salary is a reflection of skills, abilities, and experience; therefore, tenure in a specified field is already included in the salary offer. In addition, the City has not been experiencing a high turnover rate in recent years and longevity pay is not a benefit that is a recruiting tool. While there is no savings to the City in the short-term for discontinuing longevity pay for new employees, there will be long-term savings for future budgets. There is no budgetary impact or savings for the first five years after discontinuing longevity pay. Page 6 of 9 Minutes-March 2,2010 Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 21,ARTICLE I,SECTION 21-8,OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO DISCONTINUE LONGEVITY PAY FOR CIVILIAN EMPLOYEES HIRED AFTER MARCH 2, 2010; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU AND PATE NAYS: NONE MOTION PASSED Ordinance 10 - 016 8. Consider approving a resolution accepting the Full Depth Concrete Rehabilitation Project, approval of Change Order No. 1 and final payment. Administration recommended acceptance of the Full Depth Concrete Rehabilitation Project, approval of Change Order No. 1 in the amount of ($100,700.58) and final payment in the amount of $223,774.55 to Allco, LTD. On May 13, 2008, City Council awarded Allco, LTD. the contract for the Full Depth Concrete Rehabilitation Project for an amount of $4,280,266.65. This project has been inspected and completed in accordance with the Terms and Conditions set out in the contract documents. Change Order No. 1 in the amount of ($100,700.58) is required to adjust the quantities actually used during the performance of the project, decreasing the contract amount to $4,179,566.07. 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. 1 IN THE AMOUNT OF ($100,700.58, THEREBY DECREASING THE CONTRACT AMOUNT TO $4,179,566.07. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU AND PATE NAYS: NONE MOTION PASSED Resolution 10 - 058 Page 7 of 9 Minutes-March 2,2010 9. Consider approving two annual contracts for the publication of legal notices. City Manager, Kyle Hayes requested that this item be deferred, due to a letter received from the Beaumont Enterprise protesting the annual contract for publication of legal notices Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. COUNCILMEMBER COMMENTS COUNCILMEMBER PATE - CONGRATULATED THE FIRE DEPARTMENT ON THE NEW FIREFIGHTERS THAT WERE HIRED, LAMAR UNIVERSITY'S LAST BASKETBALL GAME WILL BE ON WEDNESDAY, MARCH 3, 2010, THERE ARE STILL TICKETS AVAILABLE, ALSO LAMAR's WOMEN BASKETBALL TEAM WILL HAVE A CHANCE TO WIN FIRST PLACE IN THE SOUTHLAND CONFERENCE MAYOR PRO TEM WRIGHT- ANNOUNCED THAT SOCCER COACHES ARE NEEDED FOR THE LITTLE ONES, IF ANYONE IS INTERESTED PLEASE CONTACT BRUCE HOFFER COUNCILMEMBER BEAULIEU - CONGRATULATED JUDGE MCNICHOLAS, ENCOURAGED EVERYONE TO GO OUT AND VOTE, COMMENTED ON THE RECORD NUMBER OF CITIZENS THAT VOTED EARLY COUNCILMEMBER COLEMAN - CONGRATULATED JUDGE MCNICHOLAS, ALSO THANKED BAILIFF JIMMY BARTLEY FOR CONTACTING HIM TO HONOR JUDGE MCNICHOLAS, AS WELL AS BARBARA OTTO FOR A BEAUTIFUL RECEPTION CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - CONGRATULATED JUDGE MCNICHOLAS, AS WELL AS THE NEW FIREFIGHTERS THAT WERE PINNED ON MONDAY, MARCH 1, 2010, WISHED THEM ALL THE BEST OF LUCK, ENCOURAGED EVERYONE TO GO OUT AND VOTE Public Comments (Persons are limited to three minutes) Michael R. Drury 6835 Marshall Place Dr. Beaumont TX Spoke in regards to a comment that was made on Fox 4 News a few weeks ago, as well as his insurance rates and the City of Beaumont's ISO rating Page 8 of 9 Minutes-March 2.2010 Christopher Jones 2207 Poplar St. Beaumont TX Spoke in regards to the Charlton Pollard neighborhood and the removal of the fire engine, citizens are worried about the first response which has always been Engine#11, asked that council reconsider the removal of the engine Open session of meeting recessed at 2:45 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of John Sells Clifford Teasley v. City of Beaumont Brandon Pickard v. City of Beaumont, Texas, et al Claim Against Beaumont Metropolitan YMCA State of Texas v. James Edward Mathews, Jr. City of Beaumont v. James Mathews There being no action taken in Executive Session, Council adjourned. Au i available up request in the City Clerk's Office. Becky Ames, ayor %mil+�l lTina Broussard, City Clerk // 0 Page 9 of 9 Minutes-March 2,2010