Loading...
MIN SEPT 11 2007 M I N U T E S - CITY OF BEAUMONT W.L. Pate, Jr., At-Large BECKY AMES, MAYOR Gethrel Williams-Wright, At-Large Dr. Allan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Ward II Audwin Samuel, Mayor Pro Tem,Ward III September 11, 2007 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 11, 2007 at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m.to considerthe following: OPENING Invocation Pledge of Allegiance Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Airon Reynolds of the Borden Chapel Baptist Church gave the invocation. Police Officer Carmen Apple, and Fireman Donnie Schroeder led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Samuel, Councilmembers Coleman, Beaulieu,Wright, Pate and Smith. Also present were Kyle Hayes,City Manager;Tyrone Cooper,City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions Presentation and Information from the Symphony of South East Texas: Peg Towers-Board Member of the Symphony of South East Texas, Dr. Rush Shultz-Dean of the College for Community and Fine Arts at Lamar University and President of the Symphony of South East Texas, Craig Escamilla, Executive Director of the Symphony of Southeast Texas "National Assisted Living Week" -September 9- 15, 2007- Proclamation read by Mayor Ames; accepted by Diane Perrett, Engaged Life Director at Atrium Collier Park Mayor Ames read the announcement about the Executive Session to be held at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda. None Minutes-September 11,2007 CONSENT AGENDA Approval of minutes - Minutes of September 4, 2007 Confirmation of committee appointments - Resolution 07- 263 Evelyn Reado would be appointed to the Keep Beaumont Beautiful Commission. The term would commence September 11, 2007 and expire September 10, 2009. (Councilmember Jamie D. Smith) Sharon Eaves would be appointed to the Keep Beaumont Beautiful Commission. The term would commence September 11, 2007 and expire September 10, 2009. (Councilmember Nancy Beaulieu) Lee Smith would be appointed to the Martin Luther King,Jr. Parkway Commission. The term would commence September 11, 2007 and expire September 10, 2009. (Councilmember Jamie D. Smith) A) Approve a contract forthe purchase of granular phosphate water treatment compound for use by the Water Utilities Department - Resolution 07- 264 B) Approve the renewal of a maintenance agreement for software support for use at all City library branches - Resolution 07- 265 C) Authorize the City Manager to execute a wastewater service agreement-Resolution 07-266 D) Authorize the settlement of the claim of Sunoco Pipeline - Resolution 07- 267 E) Authorize the settlement of the claim of Delia Masong - Resolution 07- 268 Councilmember Beaulieu made a motion to approve the Consent Agenda. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a resolution rejecting the bid received for the First Baptist Church Parking Lot Project. Administration recommended rejecting the bid received for the First Baptist Church Parking Lot Project in the amount of$319,790.00 from H. B. Neild and Sons, Inc. Page 2 of 8 Minutes-September 11,2007 On August 9,2007,the City of Beaumont received one bid for construction of the First Baptist Church Parking Lot in the amount of $319,790.00 from H. B. Heild and Sons, Inc., which exceeded the estimated construction cost of$200,000.00. The project scope of work will be revised and rebid at a later date. Councilmember Coleman made amotion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY H.B.NEILD AND SONS,INC.,BEAUMONT,TEXAS,FOR THE FIRST BAPTIST CHURCH PARKING LOT PROJECT IN THE AMOUNT OF $319,790.00 BE, AND IT IS HEREBY, REJECTED BY THE CITY OF BEAUMONT. Councilmember Pate seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS COLEMAN,BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 07- 269 2. Consider approving a bid for replacing the gymnasium floor at the Sterling Pruitt Activity Center. Administration recommended the award of a bid to N.A.H., Inc. of Houston, Texas in the amount of $305,285. Bids were received on Thursday, August 23, 2007 for furnishing all labor, equipment, materials and supervision for replacing the gymnasium floor at the Sterling Pruitt Activity Center. The floor to be installed is a multipurpose floor system comprised of a rubber base mat and polyurethane surface. Court markings can be applied to this surface for sports activities. The flooring is not limited to sports use as are traditional wood floors. A traditional wood sports floor marked for basketball was installed when the building was constructed limiting the use of the large gymnasium for other activities. The floor has been damaged from water seepage into the building. Work shall commence in October and be completed within forty-five(45)days. Construction should not interfere with activities at the center during this time. Mayor Pro Tern Samuel made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY N.A.H.,INC.OF HOUSTON,TEXAS,FOR REPLACING THE GYMNASIUM FLOOR AT THE STERLING PRUITT ACTIVITY CENTER IN THE AMOUNT OF$305,285 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, AND SMITH NAYS: NONE MOTION PASSED Page 3 of 8 Minutes-September 11,2007 On August 9, 2007,the City of Beaumont received one bid for construction of the First Baptist Church Parking Lot in the amount of $319,790.00 from H. B. Heild and Sons, Inc., which exceeded the estimated construction cost of$200,000.00. The project scope of work will be revised and rebid at a later date. 1 � made a W44r KTo Councilmember Coleman�e l- PPROVE A RESOLUTION THAT THE BID SUBMITTED BY H.B. NEILD AND SONS, INC., BEAUMONT, TEXAS, FOR THE FIRST BAPTIST CHURCH PARKING LOT PROJECT IN THE AMOUNT OF $319,790.00 BE, AND IT IS HEREBY, REJECTED BY THE CITY OF BEAUMONT. Councilmember Pate seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS COLEMAN,BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 07- 269 2. Consider approving a bid for replacing the gymnasium floor at the Sterling Pruitt Activity Center. Administration recommended the award of a bid to N.A.H., Inc. of Houston, Texas in the amount of$305,285. Bids were received on Thursday, August 23, 2007 for furnishing all labor, equipment, materials and supervision for replacing the gymnasium floor at the Sterling Pruitt Activity Center. The floor to be installed is a multipurpose floor system comprised of a rubber base mat and polyurethane surface. Court markings can be applied to this surface for sports activities. The flooring is not limited to sports use as are traditional wood floors. A traditional wood sports floor marked for basketball was installed when the building was constructed limiting the use of the large gymnasium for other activities. The floor has been damaged from water seepage into the building. Work shall commence in October and be completed within forty-five(45)days. Construction should not interfere with activities at the center during this time. Mayor Pro Tern Samuel made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY N.A.H., INC.OF HOUSTON,TEXAS, FOR REPLACING THE GYMNASIUM FLOOR AT THE STERLING PRUITT ACTIVITY CENTER IN THE AMOUNT OF$305,285 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, AND SMITH NAYS: NONE MOTION PASSED Page 3 of 8 Minutes-September 11,2007 Resolution 07- 270 3. Consider authorizing the City Manager to execute a Memorandum of Oil, Gas and Mineral Lease and Oil and an Gas Lease for 275.44 acres of land, Beaumont Municipal Airport, in the Asahel Savery League. Administration recommended Council authorize the City Managerto execute a Memorandum of Oil, Gas and Mineral Lease and an Oil and Gas Lease with Cimarex Energy Co. of Tulsa, Oklahoma for 275.44 acres of land, Beaumont Municipal Airport, in the Asahel Savery League. Cimarex Energy Company is planning a 3-D Deismic Project that includes the property on which Beaumont Municipal Airport is located. The Memorandum of Oil, Gas and Mineral Lease will serve to evidence the existence of an Oil and Gas Lease and is recorded in lieu of filing the Oil and Gas Lease for record in the Official Records of Jefferson County. The Memorandum is filed so as to avoid unduly encumbering such records and to give notice to third parties dealing with Lessor or Lessee or with the leased lands. The Oil and Gas Lease is for a term of three(3)years with a$300 per net mineral acre bonus and an annual rental payment of $50 per net mineral acre. Additionally, if any oil and condensate or other liquid hydrocarbons produces at the well or at an oil and gas separator the City will receive a 25 percent royalty payment. Submitted with the leases was a check for mineral acre bonus in the amount of$82,632. Over the term of the lease the City will receive a total of $41,316 in annual rentals. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A MEMORANDUM OF OIL, GAS AND MINERAL LEASE AND AN OIL AND GAS LEASE WITH CIMAREX ENERGY CO. OF TULSA, OKLAHOMA, FOR 275.44 ACRES OF LAND, BEAUMONT MUNICIPAL AIRPORT, IN THE ASAHEL SAVERY LEAGUE. Councilmember Pate seconded the motion. AYES: MAYORAMES,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS COLEMAN,BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 07- 271 4. Consider approving a grant application to provide funding for design and construction services for improvements to the Beaumont Municipal Airport. Administration recommended authorizing the City Manager to execute grant application documents with the Texas Department of Transportation,Aviation Division,for improvements to the Beaumont Municipal Airport located at 455 Keith Road. Page 4 of 8 Minutes-September 11,2007 The Beaumont Municipal Airport is eligible for federal grant funds through a program administered by the Texas Department of Transportation, Aviation Division, Capital Improvement Program. The City is eligible to apply for grant funds for engineering, design, and construction projects with a match of 10% of the total projected cost. The TxDOT Aviation Division's FY 2008-2010 Capital Improvement Program includes the following improvements to the Beaumont Municipal Airport: reconstruction of the south portion of the existing apron, rehabilitation and marking of the existing runway, taxiway, and apron, rehabilitation of hangar access taxiway pavements, and drainage improvements. The Aviation Division has estimated the cost of engineering and construction to be approximately $3,190,000. Approval to participate in the Capital Improvement Program and receive grant funding must be authorized by City Council and received by TxDOT no later than September 21 , 2007. The grants will be offered separately for engineering and construction services. Cost for engineering and design services are projected to be $295,000. A 10% local match of $29,500 will be due by November 2007. The construction portion of the project will be divided into two Phases. Phase I, projected to begin in 2009, is estimated to cost$1,730,000. The local share of 10% or$173,000 will be due in December 2008. Phase II, projected to begin in 2010, is estimated to cost $1 ,165,000. The local share of 10% or $116,500 will be due in December 2009. Funds for the City's share of this project is budgeted in the FY2008 Capital Program. Mayor Pro Tern Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE ON BEHALF OF THE CITY OF BEAUMONT,AT THE APPROPRIATE TIME,AND WITH THE APPROPRIATE AUTHORIZATIONS OF THIS GOVERNING BODY, ALL CONTRACTS AND AGREEMENTS WITH THE STATE OF TEXAS, REPRESENTED BY THE TEXAS DEPARTMENT OF TRANSPORTATION, AND SUCH OTHER PARTIES AS SHALL BE NECESSARY AND APPROPRIATE FOR THE IMPLEMENTATION OF THE IMPROVEMENTS TO THE BEAUMONT MUNICIPAL AIRPORT. Councilmember Wright seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS COLEMAN,BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 07- 272 5. Consider approving a contract for construction management services for the rehabilitation and reconstruction of owner-occupied housing units damaged during Hurricane Rita with funding provided from Federal and State grants. Page 5 of 8 Minutes-September 11,2007 Administration recommended the award of an annual contract for construction management services for rehabilitation and reconstruction of owner-occupied housing units to George E. Johnson Development, Inc. of Houston for the estimated annual amount of $117,750. The Housing Division of the Public Works Department identifies single family homes that are eligible for federal grant funding allocated to the Texas Department of Housing and Community Affairs (TDHCA) Disaster Program from the U. S. Department of Housing and Urban Developmentto remediate the unmet housing needs of Beaumont residents resulting from Hurricane Rita. These homes are identified through either a pre-application process or by a review of Federal Emergency Management Agency, City, and/or County information concerning the damage caused by the hurricane. The TDHCA Hurricane Rita Disaster Recovery Program requires that these housing units meet minimum property standards and local health and safety codes at project completion. The type of activity being completed determines the minimum construction standards that must be met. Contractors will be selected by George E. Johnson Development Inc., with approval of the City,to rehabilitate approximately twenty(20)homes and reconstruct ten(10)homes per year. The quantity may be adjusted based on the needs identified. The Southeast Texas Regional Planning Commission is also utilizing the services of George E.Johnson Development, Inc. Funding will be provided by a federal grant from the U. S. Department of Housing and Urban Development allocated to the Texas Department of Housing and Community Affairs Disaster Recovery Program which requires no matching funds from the City. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY GEORGE E.JOHNSON DEVELOPMENT,INC.OF HOUSTON,TEXAS,FOR AN ANNUAL CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES FOR REHABILITATION AND RECONSTRUCTION OF OWNER- OCCUPIED HOUSING UNITS IN THE AMOUNT OF $117,750 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Coleman seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS COLEMAN,BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 07- 273 PUBLIC HEARING: Receive comments on the proposed 2007 (FY 2008) Tax Rate. Open: 2:05 p.m. Roy Huckaby 550 Weatherford PI. Beaumont TX Spoke regarding repairs to City streets and hoped that repairs are included in the tax rate increase Closed: 2:07 p.m. Page 6 of 8 Minutes-September 11,2007 COMMENTS Councilmembers/City Manager comment on various matters Public Comment (Persons are limited to 3 minutes) COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - COMMENTED ON A GREAT TIME AT OUR MOTHER OF MERCY BAZAAR HELD OVER THE WEEKEND, ANNOUNCED THE CONCERT IN THE PARK AT CENTRAL PARK SEPTEMBER 16TH AND 17TH STARTING AT 3:OOP.M.UNTIL 7:OOP.M. THANKED THE WATER DEPARTMENT WHO RESPONDED TO A CITIZEN COMPLAINT REGARDING A WATER LEAK GREAT RESPONSE TIME ARRIVED IN ABOUT TWO HOURS MAYOR PRO TEM SMITH - NONE COUNCILMEMBER PATE - ENCOURAGED EVERYBODY TO PARTICIPATE IN THE SYMPHONY OF SOUTH EAST TEXAS, THANKED THE OAKS DISTRICT FOR THE PICNIC AT IDA REED PARK, ASK THAT EVERYONE REMEMBER 911 AND WHAT TRANSPIRED SIX YEARS AGO ON THAT DAY,AND TO BE THANKFUL EVERYDAY FOR THOSE THAT PUT ON A UNIFORM COUNCILMEMBER WRIGHT - ENJOYED THE PICNIC AT IDA REED PARK, WISHED THE MAYOR A HAPPY BIRTHDAY, THE MAYOR FROM HAMMOND LA,MR.MASON FOSTER SENT CONGRATULATIONS TO OUR MAYOR BECKY AMES ON HER ELECTION. COMMENTED ON MEETING MR. JOHNNY FORD WHO IS THE MAYOR OF TUSKEGEE INSTITUTE AND THE INTERNATIONAL PRESIDENT OF MAYORS WHO IS ALSO ANXIOUS TO MEET OUR MAYOR. COMMENTED ABOUT THE LIBRARYHOURS,RECEIVED PHONE CALLS REGARDING THE HOURS OF THE MAIN LIBRARY CITIZENS WOULD LIKE THE LIBRARY TO REMAIN OPEN MONDAY THROUGH FRIDAY UNTIL 8:OOP.M. SPOKE REGARDING CITIZEN COMMENTS FROM PREVIOUS MEETINGS AS WELL AS THE GILBERT BUILDING,ASKED THAT COUNCIL MOVE FORWARD WITH A WORKSHOP COUNCILMEMBER BEAULIEU - CONGRATULATIONS TO THE SYMPHONY OF SOUTH EAST TEXAS, ALSO WELCOMED CRAIG ESCAMILLATO BEAUMONT COUNCILMEMBER COLEMAN - THANKED THE CITY MANAGER, DON BURRELL, CHRIS BOONE AND TOM WARNER WHO MET WITH A CITIZEN AT HIS HOME TO RESOLVE A MATTER REGARDING CONSTRUCTION, THANKED THE CITIZENS FOR SUPPORTING THE TAX RATE, ALSO ENCOURAGED EVERYONE TO GIVE BLOOD WHICH WILL BE OPEN UNTIL 6:00 P.M. AT STATION 1 FIRE DEPARTMENT Page 7 of 8 Minutes-September 11,2007 CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES- ENJOYED THE CEREMONY AT 11:00 A.M.AT STATION 1 FOR 911, THANKED H.E.B FOR SERVING BBQ AFTER THE CEREMONY. ANNOUNCED THAT LIFE SHARE'S BLOOD DRIVE AT FIRE STATION #1. THANKED ALL CORPORATE CITIZENS FOR COMING FORWARD AND HONORING OUR FIRST RESPONDERS. ENCOURAGED ALL CITIZENS AND SCHOOL CHILDREN TO ATTEND THE WALK FROM ST.ANTHONY'S TO THE FIRE STATION#1, POLICE DEPARTMENT,AND PORT OF BEAUMONT, WITH CEREMONIES BEING HELD AT EACH LOCATION AT 7:00 P.M. Public Comments (Persons are limited to three minutes) Dorothy Evans 2825 Arthur Lane Beaumont TX Spoke regarding recycling which has been discontinued,she would like to see something like this come back to Beaumont Brenda Holmes Gilbert 10745 Johnson Rd. Beaumont TX Thanked Councilmember Wright on her remarks regarding the Gilbert Building, also spoke regarding the buyer and sale of the building Open session of meeting recessed at 2:25 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 v. International Association of Fire Fighters There being no action taken in Executive Session, Council adjourned. Audio tapes are available upon request in the City Clerk's Office. J Becky Ames ayor t1M %11,' 6L , W Tina Broussard, City Clerk i �► Page 8 of 8 Minutes-September 11,2007