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HomeMy WebLinkAboutMIN JUL 16 2013 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 Michael D.Getz,Ward 11 Audwin Samuel,Ward 111 July 16, 2013 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 16,2013, 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 No.1/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Big Jim Selles of West End Baptist Church gave the invocation. Pastor Big Jim Selles 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 Getz, Pate, Samuel and Smith. Absent: Councilmember Coleman. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Councilmember Coleman was absent as he was a speaker for the National League of Cities webinar for "How Mid-Sized Cities and Towns can Achieve the five goals of Let's Move! Cities, Towns and Counties". Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled agenda items No.1/Consent Agenda. None CONSENT AGENDA " Approval of minutes —July 9, 2013 Confirmation of committee appointments - None A) Approve a resolution authorizing the City Manager to enter into a Memorandum of Understanding with the Texas Department of Transportation to adopt their Federally- approved Disadvantaged Business Enterprise Program (DBE) for the Hike and Bike trail Phase II-Major to Dowlen Project— Resolution 13-149 Minutes—July 16,2013 B) Approve a resolution authorizing the execution of a License to Encroach Agreement with Justino and Estalla Jaimes — Resolution 13-150 Councilmember Wright made a motion to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a resolution approving a change order to the contract with Brystar Contracting for the Madison Street Project, approving the final payment amount and accepting the Project. On July 19, 2011, City Council awarded Brystar Contracting Inc. the contract for the Madison Street— Irving to Grove Project in the amount of$2,396,243.20. There were two previous change orders resulting in an increase of$257,422.74. Change Order Three and Final in the amount of $200,749.50 is required to adjust quantities actually used during the performance of the project and increase the final contract amount to $2,854,415.44. The project has been inspected and completed in accordance with the Terms and Conditions set out in the contract documents and we recommend final payment to Brystar Contracting Inc. in the amount of$266,645.77. Brystar Contracting Inc subcontracted with the MBE firms of Crabtree Barricade Systems, American Remediation Options, Wholesale Electric, H & E Aggregates, and Rural Pipe & Supply. The total MBE amount $227,097.70 represented 7.96% of the final contract amount. Capital Program. Approval of resolution. Councilmember Wright moved to APPROVE A RESOLUTION THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO MAKE FINAL PAYMENT IN THE AMOUNT OF $266,645.77 TO BRYSTAR CONTRACTING, INC. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Minutes—July 16,2013 Resolution 13 — 151 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - ABSENT COUNCILMEMBER GETZ- STATED THAT A COUPLE OF MONTHS AGO HE BROUGHT TO COUNCILS ATTENTION SOME CITIZENS DESIRE TO LOOK AT A SOLICITATION ORDINANCE IN THE NEIGHBORHOODS. REQUESTED THAT A WORKSESSION BE DONE, HAS LOOKED AT THIS MATTER EXTENSIVELY,THERE ARE ORDINANCES LIKE THIS AROUND THE COUNTRY AND STATE, HAS COPIES OF A SOLICITATION ORDINANCE FROM THE CITY OF DALLAS, TX THAT HE DISTRIBUTED FOR COUNCILS REVIEW COUNCILMEMBER PATE- WISHED COUNCILMEMBER WRIGHT A BELATED HAPPY BIRTHDAY, WISHED CITY ATTORNEY COOPER A HAPPY BIRTHDAY MAYOR PRO TEM WRIGHT- THANKED COUNCILMEMBER PATE FOR THE BELATED BIRTHDAY WISHES,ALSO WISHED CITY ATTORNEY COOPER A HAPPY BIRTHDAY COUNCILMEMBER SAMUEL- WISHED COUNCILMEMBER WRIGHT A BELATED HAPPY BIRTHDAY COUNCILMEMBER SMITH - A MESSAGE WAS SENT BY THE HEBERT MASS REUNION TO THE MAYOR, SHE'S NOW A HONORARY PANTHER CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES- STATED THAT THE MAYOR WAS INSTRUMENTAL A FEW YEARS AGO WITH CREATING A 311 CALL CENTER, RIGHT NOW THE CALL CENTER OPERATES MONDAY THROUGH FRIDAY,FROM 8:00 A.M.TO 5:00 P.M.,AT THIS TIME THE ADMINISTRATION IS WORKING ON MAKING THIS A 24/7 CALL CENTER,THINKS THIS WILL REALLY HELP THE CITIZENS WHEN THEY HAVE CERTAIN EMERGENCIES AFTER HOURS, THIS WAY THEY WON'T HAVE TO TRY AND FIND EMERGENCY NUMBERS IN THE PHONE BOOK MAYOR AMES - NONE Public Comments (Persons are limited to three minutes) Minutes—July 16,2013 Wes Boyett 564 Blanton P1. Beaumont TX Spoke regarding solicitation at his residence over the last year, spoke about a situation regarding solicitation that just occurred at his residence on last week, stated he contacted several cities that are larger or close to the same size as the City of Beaumont that have solicitation ordinances, gave council some information as to what other city solicitation ordinances entail Open session of meeting recessed at 1:49 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: The City of Beaumont vs. Linmarie Garsee, Individually, and Linmarie Garsee d/b/a L.G. Properties, Inc.; Cause No. 90304 There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. Be c y A Ye , Mayor(/ C3 Tina Broussard, City Clerk Minutes—July 16,2013