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Home My WebLink AboutMIN SEP 10 2013 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 Michael D. Getz, Ward II Audwin Samuel,Ward III September 10, 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 September 10, 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 3-6/Consent Agenda Consent Agenda Mayor Pro Tern Wright called the council meeting to order at 1:30 p.m. Chaplain Bob Webb with Baptist Hospital 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 Pro Tern Wright, Councilmembers Coleman, Getz, Pate, Samuel and Smith. Absent: Mayor Ames. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Mayor Ames was out of the City on business. Proclamations, Presentations, Recognitions "Recognition for Westley Pollard III"-Councilmember Smith recognized Westley Pollard III for an Essay that he wrote in the "Do the Write Thing Challenge" he was recognized nationally and was invited to the White House to meet President Barack Obama "Beaumont Police Department Cops and Kids Week" - September 8 - 14, 2013 - Proclamation read by Councilmember Coleman; accepted by Wayne Jeffcoat, Assistant Police Chief and other Beaumont Police Officers Presentation — T. Richard Clower with the Employer Support of the Guard Reserve presented the "Patriotic Employer Award" to Beaumont Police Sgt. Mitch Sliger who was nominated by SPC Resendo P. Lopez, who is an officer with the Beaumont Police Department and is currently deployed on active duty overseas; also Assistant Police Chief, Wayne Jeffcoat accepted the "Above and Beyond Award" on behalf of Chief Singletary and the Beaumont Police Department "Julie Rogers Gift of Life Program" - September 10, 2013 - Proclamation read by Mayor Pro Tern Wright: accepted by Norma Sampson and others with the Gift of life Program Minutes—September 10,2013 Public Comment: Persons may speak on scheduled agenda items 3-6/Consent Agenda. None CONSENT AGENDA Approval of minutes - August 27, 2013 Confirmation of committee appointments – Resolution 13 - 185 Alma Hodge would be appointed to the Police Department Community Advisory Committee. The term would commence September 10, 2013 and expire September 9, 2015. (Mayor Pro Tern Gethrel Williams-Wright) Valerie Linton would be reappointed to the Convention and Tourism Advisory Board. The current term would expire September 5, 2015. (Mayor Pro Tern Gethrel Williams-Wright) Gwen Ambres would be reappointed to the Parks and Recreation Advisory Committee. The current term would expire September 5, 2015. (Mayor Pro Tern Gethrel Williams-Wright) MacArthur English would be reappointed to the Parks and Recreation Advisory Committee. The current term would expire September 6, 2015. (Mayor Pro Tern Gethrel Williams-Wright) Thomas P. Sigee would be reappointed to the Small Business Revolving Loan Fund Board. The current term would expire September 5, 2015. (Mayor Pro Tern Gethrel Williams-Wright) A) Approve a resolution approving a contract with Texas Industries for the Blind and Handicapped/Beaumont Products & Services to provide litter removal services on City right-of-ways – Resolution 13 - 186 B) Approve a resolution approving the purchase of tactical gear from GT Distributors, Inc. of Austin for use by the Police Department – Resolution 13 - 187 C) Approve a resolution approving the write-off of uncollectible water accounts for which each individual account exceeds $1,000 – Resolution 13 - 188 D) Approve a resolution authorizing the City Manager to execute all documents necessary, specifically including a License Agreement, in order for the Beaumont Police Department to continue to maintain a Police Substation at Parkdale Mall – Resolution 13 - 189 E) Approve a resolution authorizing the City Manager to apply for and receive grant funds, and to enter into an agreement with the Texas A&M Forest Service (TFS)—Texas Interstate Fire Mutual Aid System (TIFMAS) for a Wildland/Urban Interface F=ire Apparatus – Resolution 13 -- 190 Councilmember Smith made a motion to approve the Consent Agenda. Councilmember Pate seconded the motion. Minutes—September 10,2013 AYES: MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider an ordinance approving a specific use permit for a metal sand blasting and coating facility in a C-M (Commercial-Manufacturing) District at 745 Chamberlin Drive. Wade Abercrombie, owner of Fluid Technologies, LLC has applied for a specific use permit. The subject area is generally a commercial and industrial area along west College Street. The proposed use will only have two employees and will operate from 8 AM to 5 PM, Monday through Friday. Sand blasting is considered similar to other metal working uses for the purposes of zoning. The proposed use is compatible with existing uses in the area. Utilities and drainage in the area are adequate for the proposed use. The proposed use will not change the exterior of the building. Parking will need to be installed appropriate to the size of the building and accommodate 8 cars and one accessible parking stall. At a Joint Public Hearing held August 19, 2013, the Planning Commission recommended 5:0 to approve a specific use permit for a metal sand blasting and coating facility in a C-M (Commercial-Manufacturing) District at 745 Chamberlin Drive, subject to the following condition: 1) Parking requirements shall be met per the requirements of the Transportation Division. Councilmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A METAL SAND BLASTING AND COATING FACILTY IN A C-M (COMMERCIAL-MANUFACTURING) DISTRICT AT 745 CHAMBERLIN DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 13 - 051 2. Consider an ordinance approving a specific use permit for an automotive repair, paint and body shop in a GC-MD (General Commercial-Multiple Family Dwelling) District 5115 and 5125 Seale Road. Minutes—September 10,2013 Paul Sachitano has applied for a specific use permit. Automotive repair uses are permitted as a right in the GC-MD zone. A specific use permit is required, however, for uses that include paint and body work. It is not anticipated that this operation will have a significant impact on the surrounding neighborhood. Utilities and drainage in the area are adequate for the proposed use. Parking provided on the lot will be located sufficient for the repair facility. At a Joint Public Hearing held August 19, 2013, the Planning Commission recommended 5:0 to approve a specific use permit for an automotive repair, paint and body shop in a GC- MD (General Commercial-Multiple Family Dwelling) District at 5115 and 5125 Seale Road. Approval of ordinance. Councilmember Coleman moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN AUTOMOTIVE REPAIR, PAINT AND BODY SHOP IN A GC-MD (GENERAL COMMERCIAL-MUTLIPLE FAMILY DWELLING)DISTRICT AT 5115 AND 5125 SEALE ROAD IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 13 - 052 3. Consider an ordinance amending Section 22.02.001, Water Service Rates and Section 22.02.002, Wastewater Service Rates of the Code of Ordinances to increase rates by six percent (6%) effective October 1 , 2013. The Water Utilities Department has been and is continuing to undertake a major capital improvement effort to enhance the water and sewer system. Many of the capital improvements are required to meet State and Federal regulations. Of the six percent (6%) rate increase, four percent (4%) is needed to effectively operate the water system and to provide for the necessary debt service associated with water and sewer system projects. Two percent (20%) of the rate increase will be used to pay the debt service related to the Advanced Metering Infrastructure (AMI ) project and permanent leak detection system currently underway. Approval of ordinance. Councilmember Coleman moved to ADOPTAN ORDINANCE ENTITLEDAN ORDINANCE AMENDING CHAPTER 22,ARTICLE 22.02,SECTIONS 22.02.001 AND 22.02.002 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO INCREASE WATER AND WASTERWATER RATES; PROVIDING AN Minutes—September 10,2013 EFFECTIVE DATE; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 13 - 053 4. Consider a resolution approving annual contracts to multiple vendors for the purchase of various traffic marking materials. Bids were requested for an annual contract to supply signage, sign materials, hardware, and specialty paints for use by the Streets & Drainage Division, and for purchase of various traffic control materials such as markers, portable signs and barricades for use by all City Departments. Nine (9) vendors were notified and nine (9) responses were received. Specifications were divided into nine (9) material sections, and require that each be awarded to the lowest overall bidder who bids the entire section and complies with the required specifications.All recommended vendors have previously held portions of these contracts. There are no local vendors supplying this material. General Fund, Water Utilities Fund and Capital Program. Approval of resolution. Councilmember Pate moved to APPROVE A RESOLUTION THAT THE BIDS SUBMITTED BY THE VENDORS FOR ANNUAL CONTRACTS FOR THE PURCHASE OF TRAFFIC MARKING MATERIALS AND TRAFFIC CONTROL MATERIALS MADE A PART HEREOF FOR ALL PURPOSES FOR THE ESTIMATED TOTAL AMOUNT OF $640,998.20 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 13 - 191 5. Consider a resolution approving the purchase of two Ford F150 trucks, two Ford F550 trucks and two excavators for use in the Water Utilities Department. In order to increase efficiencies and meet the demands of an aged infrastructure, two crews are being added to the Water Utilities Department. The Department does not have Minutes—September 10,2013 idle equipment available for use by the new crews; therefore new equipment is needed for both. The purchase includes excavators, trucks for towing equipment and trucks for use by crew supervisors. Pricing for the vehicles and equipment was obtained through the Houston-Galveston Area Council (H-GAC) and the Texas Association of Schoolboards (BuyBoard), cooperative purchasing associations providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. Both H-GAC and BuyBoard comply with State of Texas procurement statutes. The total purchase price of $227,043.54 includes the BuyBoard fee of $400. Warranties of 36,000 miles or three (3) years are provided for each new vehicle. Warranty service is provided by local authorized dealerships. Warranties of two (2) years or 2,000 hours are provided for the excavators. Warranty service is provided by the local dealer. Water Utilities Fund Approval of the resolution. DEFERRED 6. Consider a resolution approving a change order to the contract with Brystar Contracting, Inc., related to the Wastewater Treatment Plant Holding Pond Project and Dredging of Ponds 1 and 2 Project. The City Council approved a contract with Brystar Contracting, Inc., on March 20, 2012, in the amount of $4,391,500.00. The contract was to clean Wastewater Treatment Plant Pond #1, convert it into a flow equalization basin, and install related piping and manholes. The contract includes Alternate Bid Item No. 2 that will clean all ponds. The proposed change order in the amount of $154,620.00 will provide the necessary supervision, labor, equipment, and insurance to load approximately 21,475 cubic yards of earthen material supplied by the City of Beaumont and haul it 1.8 miles to the proposed location of a sludge containment area at the landfill. This material will be used to construct an earthen sludge containment levee approximately 14 feet high having a 10-foot wide top and 1:1 side slopes. The lagoon is filled with approximately 82,000 cubic yards of sludge, of which 40,000 cubic yards will be pumped to an existing containment area. The proposed containment area in the landfill will provide an additional 45,000 cubic yards of storage capacity for the rest of the sludge. The Wastewater Treatment Plant is designed to process 46 million gallons per day. During a 2.5" rain event, the Plant receives up to 170 million gallons per day. Pond No. 1 of the Wastewater Treatment Plant was originally designed and constructed as part of the Waste Treatment Plant Improvements Project of 1971. The conversion of this pond into a flow equalization basin will increase the treatment capacity of the plant by increasing the storage capacity of the pond by 70 million gallons. The cleaning of the ponds will also increase their storage capacity and improve their functionality. Capital Program. Minutes—September 10,2013 Approval of resolution. Councilmember Smith moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 4 FOR ADDITIONAL WORK, THEREBY INCREASING THE CONTRACT AMOUNT BY $154,620 FOR A TOTAL CONTRACT AMOUNT OF $4,544,471.57. Councilmember Pate seconded the motion. AYES: MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 13 - 192 PUBLIC HEARING Receive comments on the 2013 (FY 2014) Proposed Tax Rate Open — 2:25 p.m. None Close — 2:25 p.m. COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - CONDOLENCES TO THE BROUSSARD AND SENIGUAR FAMILIES, ATTENDED A 9/11 CEREMONY ON SATURDAY AT HARLEY DAVIDSON SPONSORED BY ROBIN TROY, STATED THAT TOMORROW WILL MARK THE 12TH YEAR OF THE 9/11 INCIDENT,ASKED THAT A MOMENT OF SILENCE BE TAKEN TO RECOGNIZE THE FIRST RESPONDERS AND MILITARY THAT KEEP OUR COUNTRY SAFE, MAY GOD BLESS US AND OUR COUNTRY COUNCILMEMBER SAMUEL - LOOKING FORWARD TO THE 5K RUN/WALK COUNCILMEMBER PATE - CONDOLENCES TO THE BROUSSARD AND SENIGUAR FAMILIES, COMPLIMENTED SGT. SLIGER AND ASSISTANT POLICE CHIEF JEFFCOAT ON THEIR AWARDS, ALSO MENTIONED THE 9/11 CEREMONY AT HARLEY DAVIDSON, INVITED EVERYONE TO ATTEND THE 9/11 PRESENTATION ON TOMORROW AT 11:00A.M., AT THE FIRE STATION ON WILLOW ST, COMPLIMENTED WESTLEY POLLARD III ON THE GREAT JOB HE DID REGARDING HIS ESSAY, KEEP MAKING BEAUMONT PROUD COUNCILMEMBER GETZ- CONDOLENCES TO THE BROUSSARD FAMILY ON THE LOSS OF ALEX BROUSSARD WHO WAS THE PATRIARCH OF THEIR FAMILY, ANNOUNCED THAT THE WILLOW CREEK Minutes—September 10,2013 NEIGHBORHOOD ASSOCIATION WILL BE HAVING THEIR MONTHLY MEETING THIS MONDAY AT 6:30 P.M.,AT DISHMAN ELEMENTARY SCHOOL COUNCILMEMBER COLEMAN - CONDOLENCES TO THE BROUSSARD FAMILY ON THE LOSS OF ALEX BROUSSARD, CONGRATULATED THE BEAUMONT POLICE DEPARTMENT ON THEIR AWARDS, ANNOUNCED ON SATURDAY, SEPTEMBER 14, 2013 AT 7:00 A.M., THE 5K RUN AT THE EVENT CENTER AND ALSO FROM 10:00 A.M.TO 2:00 P.M., COME OUT AND ENJOY THE COPS AND KIDS CARNIVAL ALSO AT THE EVENT CENTER, ON SATURDAY, OCTOBER 5, 2013, THE GIFT OF LIFE WILL BE SPONSORING A 5K RIBBON RUN COLOR RUSH, DOWNTOWN STARTING AT CITY HALL MAYOR PRO TEM WRIGHT - CONDOLENCES TO THE BROUSSARD AND SENIGUAR FAMILIES, REMINDED EVERYONE ABOUT THE GIFT OF LIFE 5K RUN ON OCTOBER 5, 2013, ASKED THAT EVERYONE SUPPORT THEM, CONGRATULATED SGT. SLIGER AND ASSISTANT POLICE CHIEF JEFFCOAT ON THEIR AWARDS AS WELL AS CONGRATULATIONS TO WESTLY POLLARD III CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - ABSENT Public Comments (Persons are limited to three minutes) None There being no Executive Session, Council adjourned at 2:32 p.m. Audio availa le p reques in the City Clerk's Office. 8ethrel Wright, M yor F, T6m Tina Broussard, City Clerk AV Minutes—September 10.2013