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Home My WebLink AboutMIN APR 20 2010 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr.,At-Large BECKY AMES, MAYOR Gethrel Wright, Mayor Pro Tem Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Ward II Audwin Samuel,Ward 111 April 20, 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 April 20,2010, 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 1-6/Consent Agenda * Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Reverend James Blackwell with South Park Baptist Church gave the invocation. Councilmember Smith 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 (arrived at 2:00 p.m.), Councilmembers Coleman, Beaulieu, Pate,Samuel and Smith. Also present were Kyle Hayes,City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "Reverend James Blackwell" - April 20, 2010 - Proclamation read by Mayor Ames; accepted by Reverend James Blackwell "Celebration of Life" - April 24, 2010 - Proclamation read by Councilmember Pate; accepted by Charice Campbell with Harbor Hospice "Fair Housing Month"- April, 2010 - Proclamation ready by Councilmember Beaulieu; accepted by Johnny Beatty,with the City of Beaumont's Community Development Block Grant Department A "Years of Service Award" was presented to the following employees for 30 Years of Service: Doyle Vandewater- Fire Department Paula Hayes - Finance Department Randy Arrington - Fire Department Charles Mullins - Fire Department Bradley Penisson - Fire Department Scott Rush - Fire Department Roy Wood - Fire Department Ginny Morales - Finance Department Minutes-April 20,2010 Gayle Russell - Finance Department Maricia Gauthier - Public Health Michael Hall - Fire Department Jeffrey McNeel - Fire Department Claudie Hawkins - Event Facilities Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda. None CONSENT AGENDA Approval of minutes - April 13, 2010 Confirmation of committee appointments - None A) Approve the purchase of ticket writer equipment and software for use in the Police Department - Resolution 10 - 097 B) Authorize the acquisition of property for the Concord Road Pavement Widening Project - Resolution 10 - 098 Councilmember Beaulieu made a motion to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYOR AMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUEL AND SMITH NAYS: NONE MOTION PASSED C) Authorize the City Attorney to do all things necessary, including filing and serving all legal actions, to appeal an adverse judgement from the 58th District Court of Jefferson County in the lawsuit styled Clifford Teasley v. the City of Beaumont - Resolution 10 - 099 Councilmember Samuel made a motion to approve Item C. Councilmember Pate seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS BEAULIEU, PATE, SAMUEL AND SMITH NAYS: COUNCILMEMBER COLEMAN MOTION PASSED (Mayor Pro Tern Wright arrived at 2:00 p.m.) Page 2 of 10 Minutes-April 20,2010 GENERAL BUSINESS 1. Consider approving a bid for the construction of an Event Center and Park to replace the former Harvest Club located in Fair Park. Administration recommended the award of a bid to C.F. Jordan Construction, L.L.C. of Houston in the amount of$8,126,000. Amenities included in the project are an event center, a multi-use lawn, and a lake bordered by a lighted walking/jogging trail. Final plans for the event center include a contemporary style 20,000 sq.ft. building to be built on the corner of Jefferson and Crockett. Banquet seating capacity is approximately 500-600. In a separate project Jefferson Street will be extended northward to meet Magnolia Street. The west side of the event center fronting the new portion of Jefferson Street includes an outdoor stage and street plaza. During outdoor events,Jefferson Street can be closed and the west side of the building becomes another venue for park patrons. The event center will be managed by the Event Facilities and Libraries Department. The absence of the Harvest Club for the past two years has left a void in the market for rental facilities that can accommodate 500-600 people. The new event center,just as the Harvest Club, will allow open catering and alcoholic beverages. Funds for this project are available in the Capital Program. Estimated monthly operational cost for the event center is$12,000. Although revenues had declined prior to the demolition of the Harvest Club, it is anticipated that revenues from this facility will offset most of its monthly expenses. Councilmember Coleman moved to APPROVE A RESOLUTION THATTHE BID SUBMITTED BY C.F. JORDAN CONSTRUCTION,L.L.C.,OF HOUSTON,TEXAS,FOR CONSTRUCTION OF AN EVENT CENTER, LAKE AND LAWN IN DOWNTOWN BEAUMONT, IN THE AMOUNT OF$8,126,000 FOR ALTERNATES 1,2,3,4,5,6 AND 8 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 10 - 100 Page 3 of 10 Minutes-April 20,2010 2. Consider authorizing the City Manager to execute a contract for the East Lucas Lift Station and Force Main and Interceptor Rehabilitation Project. Administration recommended approval of a contract with Brystar Contracting, Inc. of Beaumont, Texas, in the amount of $2,105,056.80 to furnish all labor, materials, and equipment to construct a new lift station,furnish and install 11,653 linear feet of sanitary sewer force main,862 linear feet of 24-inch PVC Gravity sanitary sewer and related appurtenances including a radio antenna for SCADA communications. The project was designed by Schaumburg & Polk and the Engineer's estimate for the project was $2.1 million. The MBE participation will be with Rural Pipe and Supply for$600,000.00,which represents 28.50 percent of the total bid. The existing sewer lines built in the1940's and 1950's have deteriorated and require major rehabilitation. The City has been steadily rehabilitating sanitary sewer lines which flow to the East Lucas Interceptor.The proposed lift station will provide the customers in the vicinity and to customers in adjacent basins with uninterrupted service as we continue to rehabilitate the area. Funds for the project 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 A CONTRACT WITH BRYSTAR CONTRACTING, INC., BEAUMONT,TEXAS,IN THE AMOUNT OF$2,105,056.80 FOR THE EAST LUCAS LIFT STATION AND FORCE MAIN AND INTERCEPTOR REHABILITATION PROJECT TO FURNISH ALL LABOR,MATERIALS, AND EQUIPMENT TO CONSTRUCT A NEW LIFT STATION, FURNISH AND INSTALL 11,653 LINEAR FEET OF SANITARY SEWER FORCE MAIN, 862 LINEAR FEET OF 24-INCH PVC GRAVITY SANITARY SEWER AND RELATED APPURTENANCES INCLUDING A RADIO ANTENNA FOR SCADA COMMUNICATIONS. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 10 - 101 3. Consider authorizing the City Manager to execute a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract -XVIII. Administration recommended approval of a contract with Horseshoe Construction, Inc.of La Porte in the amount of$924,623.00 to rehabilitate approximately 5,245 linear feet of 6-inch, 16,000 linear feet of 8-inch, 1,967 linearfeet of 10-inch,and 500 linearfeet of 12-inch sanitary sewer lines,to stabilize approximately 10 vertical feet of existing manhole,to furnish and install approximately four manholes,to remove and replace approximately 79 manholes. The project is split between two areas. The first area is located East of Santa Fe Railroad and West of Dolores Street between Fannett Road and Waverly Street.The second area is located East Page 4 of 10 Minutes-April 20,2010 of Redwood Drive and West of Sante Fe Railroad between French Road and Delaware Street.The project was designed by City Staff and the Engineer's estimate for the project was $1.1 million. The MBE participation will be with Chief Solutions, Inc. for$92,992, Deanie Hayes, Inc. for $78,272, and Vila Trucking for $15,280.15. The total amount of the subcontracts is for $186,544.15, which represents 20.18 percent of the total bid. The existing sewer lines built in the1940's and 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. Councilmember Smith 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 LA PORTE, TEXAS, FOR THE SANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS CONTRACT-XVII IN THE AMOUNT OF $924,623.00 TO REHABILITATE APPROXIMATELY 5,245 LINEAR FEET OF 6-INCH, 16,000 LINEAR FEET OF 8-INCH, 1,967 LINEAR FEET OF 10-INCH AND 500 LINEAR FEET OF 12-INCH SANITARY SEWER LINES, STABILIZE APPROXIMATELY 10 VERTICAL FEET OF EXISTING MANHOLE,FURNISH AND INSTALL APPROXIMATELY FOUR MANHOLES, REMOVE AND REPLACE APPROXIMATELY 79 MANHOLES,FURNISH AND INSTALL FOUR END OF LINE CLEANOUTS, REPLACE APPROXIMATELY 376 SHORT SIDE AND 10 LONG SIDE SERVICE LINE CONNECTIONS, CLEAN AND TELEVISE 23,712 LINEAR FEET OF EXISTING AND NEWLY BURST SANITARY SEWER LINES AND TELEVISE APPROXIMATELY 386 EXISTING SANITARY SEWER SERVICE LINES. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 10 - 102 4. Consider authorizing the City Manager to enter into contracts for the purchase of homes for rehabilitation and resale as part of the Neighborhood Stabilization Program. Administration recommended approval. The Neighborhood Stabilization Program(NSP)is a HUD-funded program authorized by the "Housing and Economic Recovery Act of 2008"(HERA), as a supplemental allocation to the Community Development Block Grant(CDBG) Program. The purpose of the program is to acquire and encourage redevelopment of foreclosed,abandoned and blighted properties in order to stabilize neighborhoods. Page 5 of 10 Minutes-April 20,2010 The City is using NSP funds to demolish approximately forty-eight(48)unsafe buildings and purchase, rehabilitate and sell approximately nine(9)homes within our target area. Because making purchase offers on homes can be time-sensitive,we are requesting authorization to make purchase offers for up to nine(9)homes,as they become available. The purchase price would not exceed $80,000 for each home. Councilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO CONTRACTS AND EXECUTE OTHER DOCUMENTS NECESSARY FOR THE PURCHASE OF UP TO NINE (9) HOMES, IN AMOUNTS NOT TO EXCEED $80,000 FOR EACH HOME PURCHASED, FOR REHABILITATION AND RESALE AS PART OF THE NEIGHBORHOOD STABILIZATION PROGRAM. Mayor Pro Tern Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 10 - 103 5. Consider a request for a historic preservation loan for the property located at 2070/2080 Hazel. Administration recommended denial of the $95,000 request. Stone Haynes of Vair Resources LLC, has applied for a historic preservation loan to rebuild a storm damaged carport for his Ten Oaks Apartments. Work includes constructing a 100'long, 16 space carport with 12"x12"beams and a pitched roof finished with 30 year architectural shingles. The bid price for the construction is$95,000. In borrowing$95,000, Mr. Haynes would pay $1,583.33 per month for 60 months. The recommendation is based upon the fact that the purpose of these funds is to provide money for the exterior rehabilitation, preservation and the restoration of historic properties either publicly or privately owned. While the property is located within the Oaks Historic District, it is not listed in the SPARE Beaumont survey as a historic structure. At a Regular Meeting held April 12,2010,the Historic Landmark Commission recommended denial 9:0:1 of a historic preservation loan for the property at 2070/2080 Hazel. The Historic Preservation Loan program is funded with CDBG money. Currently, there is approximately $122,921 in the Preservation Loan Account. Page 6 of 10 Minutes-April 20,2010 Councilmember Coleman made a motion to DENY A RESOLUTION THAT A HISTORIC PRESERVATION LOAN IN THE AMOUNT OF$95,000 TO VAIR RESOURCES LLC,FROM THE HISTORIC PRESERVATION LOAN FUND FOR REBUILDING A STORM DAMAGED CARPORT AT THE TEN OAKS APARTMENTS,2070/2080 HAZEL,BEAUMONT, TEXAS,BE AND IT IS HEREBY DENIED.THE WORK INCLUDES CONSTRUCTING A 100' LONG, 16-SPACE CARPORT WITH 12" X 12" BEAMS AND A PITCHED ROOF FINISHED WITH 30-YEAR ARCHITECTURAL SHINGLES.Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION DENIED 6. Consider approving an ordinance denying the rate increase request of Entergy Texas, Inc. filed on December 30, 2009. Administration recommended approval of an ordinance denying the rate increase request of Entergy, Texas, Inc., filed on December 30, 2009. On December 30,2009, Entergy Texas, Inc.,filed a statement of intent to increase rates in the jurisdictions of its service areas. This is a request to increase electric utility rates $210.5 million annually.The City Council,on January 26,2010,suspended this rate increase request for a period of ninety(90)days to allow the cities affected to review and analyze the rate filling information to determine the reasonableness of the increase.The attorneys and consultants engaged by the Steering Committee of Cities in the Entergy service area have investigated the request filed by Entergy and have concluded that the request is overstated and are recommending that it be denied. It is anticipated that Entergy would appeal a decision to deny the request to the Public Utilities Commission of Texas. If the rate increase request is not denied, it would become effective May 4,2010.This would mean that the average residential customer using 1000k Wh of electricity per month would pay an additional$25.87 a month. The reasonable expenses associated with rate cases are reimbursable by the Company as they have been in the past. Mayor Pro Tern Wright made a motion to ADOPT AN ORDINANCE BY THE CITY OF BEAUMONT, TEXAS ("CITY") DENYING THE RATE INCREASE REQUEST OF ENTERGY TEXAS, INC., FILED ON DECEMBER 30, 2009; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE Page 7 of 10 Minutes-April 20,2010 MOTION PASSED Ordinance 10 - 022 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 - THANKED REVEREND BLACKWELL FOR ALL THAT HE HAS DONE, HAS BEEN A TREMENDOUS ASSET TO THE SOUTH PARK AREA, HAD A GREAT TIME SATURDAY, APRIL 17, 2010,AT CLUSTER DAYS WITH THE JACK AND JILL GROUP, WISHED COUNCILMEMBER BEAULIEU A HAPPY BIRTHDAY COUNCILMEMBER SAMUEL- WISHED COUNCILMEMBER BEAULIEU A HAPPY BIRTHDAY, THANKED REVEREND BLACKWELL FOR ALL THAT HE DOES IN THE COMMUNITY, ANNOUNCED THAT THERE WILL BE A NEIGHBORHOOD CLEANUP PROJECT ON SATURDAY,APRIL 24, 2010, FROM 8:00 A.M.TO 12:00 P.M., SPONSORED BY THE BRICK YARD NEIGHBORHOOD ASSOCIATION, ALSO BANNUM PLACE, WHICH IS A COMMUNITY CORRECTIONS CENTER AND FEDERAL RELEASE PROGRAM THAT OFFERS LIFE SKILLS,TRANSITIONAL SKILLS AND DRUG COUNSELING TO RESIDENTS WILL BE HAVING AN OPEN HOUSE ON WEDNESDAY, APRIL 21, 2010 FROM 5:00 P.M. TO 7:00 P.M.,ALSO COMMENTED ON THE COUNCIL'S APPROVAL OF APPLICATIONS FOR NSP FUNDS AND THE USE OF NSP FUNDS, THANKED COUNCIL AS WELL AS JOHNNY BEATTY AND STAFF FOR SECURING THE FUNDS AND MAKING SURE THAT THE FUNDS ARE BEING UTILIZED COUNCILMEMBER PATE - THANKED REVEREND BLACKWELL FOR ALL THAT HE BRINGS TO THE COUNCIL, WISHED COUNCILMEMBER BEAULIEU A HAPPY BIRTHDAY, ANNOUNCED THAT THE GREEN SUMMIT WILL MEET AT THE MCFADDIN WARD HOUSE ON THURSDAY,APRIL 22,2010,FROM 8:00 A.M.TO 12:00 P.M.,ALSO THE CHAMPAGNE AND RIBS FUND RAISER SPONSORED BY THE JULIE ROGERS GIFT OF LIFE WILL BE THURSDAY, APRIL 22, 2010, THIS PROGRAM PROVIDES FREE SCREENING FOR BREAST AND PROSTATE CANCER,GO RED FOR WOMEN WILL BE ON THURSDAY,APRIL 22,2010 AS WELL,CHILLI'S WILL BE HONORING THE FIRE FIGHTERS FOR FIRE FIGHTER'S APPRECIATION DAY, WHICH WILL BE HELD ON WEDNESDAY, APRIL 21, 2010 Page 8 of 10 Minutes-April 20,2010 MAYOR PRO TEM WRIGHT- WISHED COUNCILMEMBER BEAULIEU A HAPPY BIRTHDAY, REQUESTED THAT THE CITY ATTORNEY SEE IF IT IS POSSIBLE THAT THE CITY'S CONTRACTS STATE THAT 30% OF THE WORK OR BUILDING MATERIAL BE DONE BY CITIZENS OF BEAUMONT, DUE TO THE DECLINE IN THE SALES TAX THIS WOULD BE A WAY TO PROMOTE WITHIN THE CITY AND GIVE WORK TO LOCAL CONTRACTORS, ALSO IF ANY PRIVATE CORPORATIONS WOULD LIKE TO ENHANCE THE SOUTH END OF THE CITY PLEASE DO SO, COMMENTED ON HER ATTENDANCE AT THE 100 MEN BANQUET, ALSO THE AMERICAN LEGION HAD THEIR QUARTERLY MEETING WHICH GENERATED PEOPLE INTO THE CITY,ASKED THAT EVERYONE GO OUT AND SUPPORT THE LITTLE LEAGUE SOCCER TEAM COUNCILMEMBER BEAULIEU- CONGRATULATED ALL THIRTY YEAR EMPLOYEES, THANKED REVEREND BLACKWELL FOR ALL THAT HE HAS DONE COUNCILMEMBER COLEMAN- HAPPY BIRTHDAY WISHES TO COUNCILMEMBER BEAULIEU, THANKED ALL OF THE STAFF THAT HAS WORKED ON THE NEW EVENTS FACILITY, THANKED REVEREND BLACKWELL FOR HIS YEARS OF SERVICE AND ALL THAT HE HAS DONE FOR THE COMMUNITY,ALSO ANNOUNCED THE EAGLE SCOUT COURT OF HONOR WILL BE APRIL 25, 2010,AT 3:00 P.M., AT ST. ANTHONY CATHEDRAL BASILICA, HIS PATIENT, CALEB MCFARLAND,WILL BE RECEIVING HIS EAGLE SCOUT AWARD DURING THE CEREMONY CITY ATTORNEY COOPER- WISHED COUNCILMEMBER BEAULIEU A HAPPY BIRTHDAY CITY MANAGER HAYES - NONE MAYOR AMES - CONGRATULATED REVEREND BLACKWELL ON A MUCH DESERVED RECOGNITION,AS WELL AS ALL OF THE THIRTY PLUS YEAR EMPLOYEES,APPRECIATE ALL THE WORK THEY DO EACH AND EVERY DAY Public Comments (Persons are limited to three minutes) Richard Mathews 2515 Wescalder Beaumont TX Congratulated all thirty year employees, read a memo pertaining to James Mathews being reinstated to work, Mr. Mathews reported to work on Monday,worked for five hours and was told to go home until further notice, wondered why, asked that Council clarify Page 9 of 10 Minutes-April 20,2010 Bruce Hoffer 2535 North Beaumont TX Reminded the public that St.Michael's will be having their annual Greek Festival on Saturday, May 1,2010,thanked Mayor Pro Tern Wright for speaking on soccer,the Soccer Association received a call from the Netherlands inquiring as to how many kids have played soccer in the City of Beaumont, in responding to them it was found that in years past Beaumont has had 400 in the Spring and a 1,000 in the Fall, this Spring there are over 700 kids playing soccer Open session of meeting recessed at 2:26 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: In the Matterof Arbitration between Beaumont Firefighters'Local 399(Vacation Carryover Grievance) and The City of Beaumont, Texas Vacation Carryover Grievances of James Landrum, Michael Hawkins, and Frank Neal There being no action taken in Executive Session, Council adjourned. Ayqio available upon request in the City Clerk's Office. 4�z� Be y A s Ma r �h Tina Broussard, City Clerk + S Page 10 of 10 Minutes-April 20,2010