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Home My WebLink AboutMIN OCT 02 2012 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr.,At-Large BECKY AMES, MAYOR Gethrel Wright,At-Large Dr.Alan B. Coleman, Mayor Pro Tern CITY COUNCIL MEETING Michael D. Getz,Ward II Audwin Samuel,Ward 111 October 2, 2012 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 October 2,2012, 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. Pastor James Blackwell of South Park Baptist Church gave the invocation. Mayor Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Coleman, Councilmembers Getz, Wright, Pate, Samuel and Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "Italian American History Month"-October,2012-Proclamation read by Councilmember Pate; accepted by Katharine Hinojosa, President of the Italian American Society,along with Lucy Blackstock with the Italian American Society "Disability Employment Awareness Month" - October, 2012 - Proclamation ready by Councilmember Wright; accepted by Janna Fullbright, Public Relations/Marketing Director with the Spindletop Center "Fire Prevention Week" - October 7-13, 2012 - Proclamation read by Mayor Ames; accepted by Fire Chief Anne Huff, Brad Penisson and Fire Museum Director Carol Gary Public Comment: Persons may speak on scheduled agenda items 1-7/Consent Agenda. Ryan Smith 600 Main Beaumont TX Spoke regarding Item #3 on the agenda; approval of a one year contract with the Texas Energy Museum Darlene Chodzinski 2240 Calder Beaumont TX Spoke regarding item #5 on the agenda; approval of a one year contract with the Beaumont Heritage Society/John Jay French museum Minutes—October 2,2012 Lynn Castle 620 20" St. Beaumont TX Spoke regarding item #1 on the agenda; approval of a one year contract with the Art Museum of Southeast Texas CONSENT AGENDA Approval of minutes— September 25, 2012 Confirmation of committee appointments - None A) Approve a resolution authorizing the City Manager to execute all documents necessary to accept funding from The Texas Department of State Health Services for the Beaumont Public Health Department's WIC Division — Resolution 12 - 228 B) Approve a resolution authorizing the acquisition of properties located at 2905-2925 Washington Boulevard for the Washington Boulevard Road Improvement Project — Resolution 12 — 229 C) Approve a resolution authorizing the City Manager to execute all documents necessary for the affiliation agreement between The City of Beaumont EMS and San Jacinto Community College — Resolution 12 - 230 D) Approve a resolution adopting a Section 3 Policy in accordance with 12 U.S.C. 1701u, Section 3 of the Housing and Urban Development Act of 1968 and appointing the City Manager as the Section 3 coordinator— Resolution 12 - 231 Councilmember Wright made a motion to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a resolution authorizing a one year contract with the Art Museum of Southeast Texas. The City of Beaumont (City) and the Art Museum of Southeast Texas (AMSET) entered into a lease agreement on December 30, 1986 whereby the City and AMSET agreed to a 99-year lease on the land and building to be used as an art museum. The City supports AMSET with annual allocations and garbage removal. In return, AMSET is open to the general public and strives to provide programs and services to the entire community. $185,000 from the Hotel Occupancy Tax Fund and $100,000 from the General Fund. Approval of resolution. Minutes—October 2,2012 Mayor Pro Tern Coleman moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A ONE-YEAR CONTRACT BETWEEN THE ART MUSEUM OF SOUTHEAST TEXAS (AMSET) AND THE CITY OF BEAUMONT IN THE AMOUNT OF $185,000 FOR FY 2013. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 12 - 232 2. Consider a resolution authorizing a one year contract with the Southeast Texas Arts Council. The City is entitled to utilize revenues derived from the hotel-motel occupancy tax to promote the arts. The City contracts with SETAC to utilize 80%of its contract payment for production of the magazine "Off Ramp" highlighting local events and "Tear Off'Attraction Maps for distribution to hotels, as well as other programs and exhibitions that bring artists to the area and promote the rich musical heritage of the area. The remaining 20% is used for operating expenses. Hotel Occupancy Tax Fund. Approval of resolution. Councilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A ONE-YEAR CONTRACT BETWEEN THE SOUTHEAST TEXAS ARTS COUNCIL(SETAC)AND THE CITY OF BEAUMONT IN THE AMOUNT OF$105,000 FOR FY 2013. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 12 - 233 3. Consider a resolution authorizing a one year contract with the Texas Energy Museum. The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic preservation and the promotion of tourism. The Texas Energy Museum meets the above criteria by highlighting the history, along with current developments, of the oil industry in the Southeast Texas region. Hotel Occupancy Tax Fund. Minutes—October 2,2012 Approval of resolution. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A ONE-YEAR CONTRACT BETWEEN THE TEXAS ENERGY MUSEUM AND THE CITY OF BEAUMONT IN THE AMOUNT OF$95,000 FOR FY 2013. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 12 — 234 4. Consider a resolution authorizing a one year contract with BUILD, Inc., Beaumont Main Street. The Beaumont Main Street program has established a partnership between public and private sectors that is dedicated to the revitalization of Beaumont's historic Central Business District. The annual contribution from the City will be matched with other local funds and used to promote downtown business development and retention. General Fund. Approval of resolution. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A ONE-YEAR CONTRACT BETWEEN BUILD, INC., BEAUMONT MAIN STREET AND THE CITY OF BEAUMONT IN THE AMOUNT OF$75,000 FOR FY 2013. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 12 - 235 5. Consider a resolution authorizing a one year contract with Beaumont Heritage Society/John Jay French Museum. The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic preservation and the promotion of tourism. John J. French, an early settler in Beaumont, built the Greek Revival home which has been faithfully restored. The home contains furniture and fixtures from the mid 19th century and is a tourist attraction for our city. Minutes—October 2,2012 Hotel Occupancy Tax Fund. Approval of resolution. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A ONE-YEAR CONTRACT BETWEEN THE BEAUMONT HERITAGE SOCIETY/JOHN FRENCH MUSEUM AND THE CITY OF BEAUMONT IN THE AMOUNT OF $47,000 FOR FY 2013. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE,SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 12 - 236 6. Consider a resolution approving the purchase of twenty-five golf carts for use at the Henry Homberg Golf Course. In 2006, fifty(50)golf carts were purchased for use by the Golf Course. The useful life of these carts is four to five years. Twenty-five (25)carts were purchased in fiscal 2012, with part of the cost being offset by a trade-in of carts from the existing fleet. The additional carts are needed to keep sufficient carts in good operating condition at the course. The remaining older carts will be kept as reserve units or disposed of according to city surplus equipment policy. Pricing for the equipment was obtained through BuyBoard, a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. BuyBoard complies with State of Texas procurement statutes. Manufacturer's warranty for the carts is two(2)years. Delivery is expected within forty-five (45) days. Capital Reserve Fund. Approval of the resolution. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF TWENTY-FIVE (25) GOLF CARTS FOR USE BY THE HENRY HOMBERG GOLF COURSE FROM CLUB CAR, INC., OF MONTGOMERY, TEXAS IN THE AMOUNT OF $104,275 THROUGH THE BUYBOARD COOPERATIVE PURCHASING PROGRAM. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE Minutes—October 2,2012 MOTION PASSED Resolution 12 - 237 7. Consider a resolution approving the purchase of granular phosphate for use by the Water Utilities Department. Granular Phosphate is used to sequester manganese in the water supply to improve color, clarity and taste. Due to the inability of the current product to provide acceptable water treatment, the staff at the water treatment plant has been conducting a series of tests over several months to find a replacement product which would provide better performance. Bids were requested for a six (6) month contract to supply Seaquest brand granular phosphate compound. Seven (7) vendors were notified; four(4) vendors submitted bids. Bids from Shannon Chemical, Inc., and Carus, Corp., were rejected as having bid a product that did not meet specifications. Conforming bids were received from Napco Chemical, Inc., of Spring, Texas and Altivia, Inc., of Houston. The contract is to furnish Seaquest granular phosphate at the fixed unit price of $7,400 per ton. The price for the previous six (6) months was $2,250 per ton. The new phosphate is substantially more expensive. However during the trial period it required only one-half the amount to achieve satisfactory results compared to the current phosphate. It is anticipated that, as the water production plant is able to adjust injection rates over time, the new product will be competitive and possibly less expensive overall than the current phosphate. There are no local suppliers of this product. Water Utilities Fund. Approval of resolution. COuncilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY ALTIVIA INC., FOR A SIX (6) MONTH CONTRACT FOR THE PURCHASE OF SEAQUEST BRAND GRANULAR PHOSPHATE WATER TREATMENT COMPOUND IN THE AMOUNT OF$7,400/TON FOR AN ESTIMATED AMOUNT OF$103,600 FOR USE BY THE WATER UTILITIES DEPARTMENT BE ACCEPTED BY THE CITY OF BEAUMONT. Mayor Pro Tern Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 12 - 238 WORK SESSIONS Review and discuss proposed amendments to the Code of Ordinances related to Mobile Food Units Minutes—October 2,2012 Jim Thompson, Director of Management Operations discussed the proposed amendments to the code of ordinances related to mobile food units. Staff reviewed the code and recommended several amendments that will mutually benefit local restaurants and the public. All mobile food units are requested to obtain periodic food sales permits, this is unnecessary for a unit operated by City-licensed food establishments under the supervision of a certified food manager and should be changed. Mobile food units are required to empty their wastewater tanks within a 96 hour period of operation. The proposal is that this period be reduced to every 48 hours. The code also requires mobile food units to be located within 200 feet of commercial restroom. The Public Health Department has determined that the availability of suitable restrooms is not an issue for mobile units in Beaumont, and the rule is not necessary. The proposed amendments will allow locally licensed food establishments to offer the public a wider variety of food service options. These amendments will be brought forward for Council consideration at the next Council meeting. * Review and discuss possible bus route modifications to serve the Delaware/Dowlen area and the Social Security Office on Dishman Road at Major Drive Kyle Hayes, City Manager discussed possible bus route modifications to serve the Delaware/Dowlen area and the Social Security office on Dishman Road at Major Drive. The Manager stated that the General Services Administration relocated the Social Security office from the location that was on a fixed route to a location that is not on a fixed route, despite being made aware of the issue. The cost to operate the system continues to increase, to add another route would cost approximately$200,000. Citizens often ask for bus service to the Social Security office, HEB and nearby stores located in the Dowlen/Delaware area. Councilmember Wright requested that staff take a look at this situation, staff believes that the City can serve these areas while controlling cost, it will take a few modifications to the existing route. The current route was shown to Council with 9 routes and 12 buses, the route system that was shown is a 30 year old route that has not been changed since 1985. The Council was shown the existing and the proposed route. The proposed route would combine the Magnolia and Pine Street route,due to both routes traveling Magnolia. This route serves every area that it currently serves except Hale Street, if you live in the middle of Hale Street a citizen would have to walk a half a mile to get to the bus stop. The staff would like to rename the Laurel route to the Delaware route which would still go to the Raintree Tower area and serve those residents. This route would go to the Social Security office, turn around in their parking lot and then go back down Delaware and continue to serve that area. Staff realizes that this route is not perfect but it will serve the citizens the best. The route was done with no additional cost to the City. COUNCILMEMBER COMMENTS MAYOR PRO TEM COLEMAN - ANNOUNCED A DENTAL FAIR ON OCTOBER 5T"AND 6TH AT THE BEAUMONT CIVIC CENTER FROM 6:00 A.M. TO 4:00 P.M. BOTH DAYS, THE LOCAL DENTAL ASSOCIATION WILL BE SPONSORING THE FREE DENTAL FAIR FOR SOUTH EAST TEXANS, IT IS EXPECTED TO TREAT OVER 1,000 PATIENTS,STATED THAT EVERYONE NEEDS TO BE PATIENT TO BE A PATIENT,CITIZENS WILL HAVE TO WAIT IN LINE TO GET SCREENED, GET X-RAYS, AND A TREATMENT PLAN Minutes—October 2,2012 WILL ALSO BE DONE,THERE WILL BE FORTY DENTAL CHAIRS AND THIRTY-FIVE DENTISTS ON HAND COUNCILMEMBER GETZ- NONE COUNCILMEMBER WRIGHT- ENCOURAGED CITIZENS TO GET THEIR PINK CARDS TO DO THEIR CHRISTMAS SHOPPING, THIS IS IN SUPPORT OF BREAST CANCER AWARENESS, COMMENTED ON THE BEAUMONT HOUSING AUTHORITY'S RIBBON CUTTING FOR THE CROSSING WHICH IS A SENIOR CITIZENS HOUSING COMPLEX ON E. LUCAS, IT IS A BEAUTIFUL ADDITION TO THE CITY COUNCILMEMBER PATE- COMPLIMENTED THE CONVENTION AND VISITORS BUREAU ON THE GREAT JOB THEY DO,STATED THAT AS COUNCIL APPROVED VARIOUS ITEMS ON THE AGENDA SUCH AS CONTRACTS WITH THE ART MUSEUM,THE HERITAGE SOCIETY ETC.,THE FUNDS ARE FROM THE HOTEL OCCUPANCY TAX FUND,THAT MONEY DOES NOT COME FROM THE TAX PAYERS BUT FROM TAXES WHERE VISITORS STAY IN OUR HOTELS WHICH ARE EVENTS THAT THE CVB DOES TO BRING VISITORS TO OUR CITY, COMMENTED ON THE JULIE RICHARDSON PROCTOR K5 RUNIWALK WITH A VISIT BY RICHARD SIMMONS, THE FUNDRAISER BY THE CHILD ABUSE AND FORENSIC,THANKED THE CHIEF OF POLICE AND HIS STAFF FOR BEING A PART OF THAT, ALSO THE TML REGION 15 MEETING IN LIBERTY COUNCILMEMBER SAMUEL- ANOTHER GREAT DAY IN BEAUMONT, THANKED STAFF FOR THE HARD WORK ON THE BUS ROUTE COUNCILMEMBER SMITH- NONE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES- NONE MAYOR AMES- COMMENTED ON THE JULIE RICHARDSON PROCTOR 5K RUN/WALK, GREAT TURN OUT EVEN WITH THE RAIN, THANKED ALL OF THE GUYS THAT PARTICIPATED IN THE BRAMANIA INCLUDING HER HUSBAND RODNEY, ALSO COMMENTED ON THE VIETNAM VETERANS "WELCOME HOME BROTHER" Minutes—October 2,2012 PROGRAM,STATED THE COMMITTEE RAISED A GRAND TOTAL OF $70,000 TO SEND TO AUSTIN, THIS AMOUNT WILL BE MATCHED BY THE TEXAS HISTORICAL SOCIETY, THANKED PASTOR CAMERON HOWARD FOR THE PRAY BEAUMONT CARAVAN, UNDERSTANDS THAT THERE WERE MORE PARTICIPANTS THAN LAST YEAR WHICH WAS GREAT, ANNOUNCED SEVERAL EVENTS THAT WILL TAKE PLACE FOR THE NEXT SEVERAL WEEKENDS IN DOWNTOWN, THE FIRE PREVENTION FESTIVAL AND DOGTOBER FEST,HOPE THAT EVERYONE WILL TAKE PART IN THESE EVENTS, Public Comments (Persons are limited to three minutes) Gary Taylor 8725 Braeburn Beaumont TX Stated that the Amelia Neighborhood Association completed a sidewalk area that the City helped with that has made the area look great, thanked the City and staff, also requested that a covered bus stop seating area be placed at the corner of Major Dr. and Mclean Open session of the meeting recessed at 2:35 p.m. EXECUTIVE SESSION * Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: 625 Orleans Street - Hotel Beaumont * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Rashee Guillory vs. The City of Beaumont; No. E-188,778 Claims against Westchester Surplus Lines Insurance Company and Lexington Insurance Company for damages sustained as a result of Hurricane Ike Claim of Tyrone Bill Minutes—October 2,2012 There being no action taken in Executive Session, Council adjourned. A dio available pon request in the City Clerk's Office. mood"PAWN Iw OAF& ecky e , M r A-1 & Imj ^ AAz- y Tin oussar , Cit Clerk �y X Minutes—October 2,2012