HomeMy WebLinkAboutMIN JAN 10 2017BEAUMONT
T E X A S
MINUTES - CITY OF BEAUMONT
W.L. Pate, Jr., At -Large BECKY AMES, MAYOR Gethrel Wright, At -Large
Claude F. Guidroz, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II
Audwin Samuel, Ward III January 10, 2017 Robin Mouton, Mayor Pro Tem
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 January 10, 2017,
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 1-4/Consent Agenda
Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Reverend McGruder, of St. Paul African Methodist Episcopal Church gave the invocation.
Captain Jimmy Blanchard, Beaumont Fire Department led the Pledge of Allegiance. Roll call
was made by Tina Broussard, City Clerk.
Present at the meeting were Mayor Ames, Mayor Pro Tem Mouton, Councilmembers Guidroz,
Getz, Wright, Pate and Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper,
City Attorney; Tina Broussard, City Clerk.
Proclamations, Presentations, Recognitions
Vernon Pierce and Pamela Williams, Entergy's Customer Service Manager, presented a
$75,000 check for Entergy's Environmental Award to the City of Beaumont
"Lions Clubs International 100th Year Anniversary" - January 14, 2017 - Proclamation
read by Councilmember Pate; accepted by Linda Robinson with the Beaumont Founders
Lions Club along with other members
"First Responders Appreciation Day" - January 15, 2017 - Proclamation read by Mayor
Ames; accepted by B.J. Tuller, Knights of Columbus Grand Knight, along with other
Knights
Minutes — January 10, 2017
Claudette Kelly, a citizen whose daughter, Meatra Gilmore, had a heart attack during the
Thanksgiving Holidays, would like to thank EMS, Fire Fighters and Beaumont Police
publicly for helping save her daughter's life. Mrs. Kelly is a member of St. Paul Afircan
Methodist Episcopal Church along with her Pastor, Rev. McGruder, he daughter Meatra
Gilmore along with her Pastor, Rev. John Adolph, of Antioch Missionary Baptist Church
were all present to thank the First Responders, EMS, Fire, and Police, who responded.
Mrs. Kelly and her daughter met each First Responder that played a part in saving
Meatra's life. The first responders are as follows:
EMS: Paramedic Aitanegbe Momoh (MoMo)
Paramedic Supervisor Jennifer Peddy
Paramedic David Narvaiz (Nar vass)
Beaumont Fire Staff: Captain Brad Parsons
Firefighter Matt Standley
Firefighter Lucas Hoffpauir
Beaumont Police: Officer William Gilmore
Mayor Ames announced that Mayor Pro Tem Robin Mouton was appointed to the NLC
Public Safety and Crime Prevention Committee
Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda.
None
CONSENT AGENDA
* Approval of minutes — December 13, 2016
* Confirmation of committee appointments — Resolution 17 - 001
Paula Blazek would be reappointed to the Civil Service Commission. The current term would
expire November 1, 2019. (City Manager, Kyle Hayes)
A) Approve the renewal of an annual maintenance agreement with SunGard Public Sector
for use by Police, Fire and EMS - Resolution 17 - 002
B) Approve a resolution accepting the donation of property for the Pointe Parkway North
Project - Resolution 17 — 003
Minutes — January 10, 2017
C) Authorize the City Manager to execute Change Order No. 2 for the New Fire Station No.
1 Project located at 1675 Caldwell - Resolution 17 - 004
D) Approve the assignment of sections I and II of a contract to Garden of Gethsemane
Nursery & Landscaping for grounds maintenance for City parks and street triangles
Resolution 17 — 005
Councilmember Samuel moved to approve the Consent Agenda. Mayor Pro Tem
Mouton seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ,
GETZ, WRIGHT, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Mayor Ames read the announcement regarding Executive Session being held at the
conclusion of the General Business portion of the meeting.
GENERAL BUSINESS
1. Consider an ordinance approving Housing Tax Credit Projects at locations greater than 1/2
mile from a refinery capable of refining more than 100,000 barrels of oil daily.
In recent years, the city has invested substantially in the redevelopment of Downtown
Beaumont. The latest project includes the new Best Years Center (BYC). As part of this
effort, the city has attempted to encourage residential development, particularly senior
developments near the new BYC. One possible development opportunity would bethe
use of Housing Tax Credits (HTC) to finance such a project. However, currently, the HTC
rules, established by the Texas Department of Housing and Community Affairs (TDHCA),
prohibit such projects if they are within two miles of a large refinery. Because of this rule,
most of Downtown Beaumont is precluded from HTC project consideration. However,
TDHCA does allow for variation from this rule if a local government has an ordinance
specifically allowing a reduced distance from such a use. The proposed ordinance is to
remedy this issue, allowing an HTC project to be located on properties that are greater
than '/2 mile from a refinery.
Approval of the ordinance.
Councilmember Wright moved to ADOPT AN ORDINANCE RESTRICTING THE LOCATION OF
MULTI -FAMILY HOUSING DEVELOPMENTS WITHIN A ONE-HALF MILE DISTANCE OF A REFINERY
CAPABLE OF REFINERY CAPABLE OF REFINING MORE THAN 100,000 BARRELS OF OIL DAILY.
Councilmember Guidroz seconded the motion.
Minutes - January 10, 2017
AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ,
GETZ, WRIGHT, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Ordinance 17 - 001
2. Consider a resolution authorizing the award of a bid to BDS Construction, LLC dba MK
Constructors of Vidor for the Sanitary Sewer Manhole Rehabilitation Project.
The project will rehabilitate the existing sanitary sewer manholes within the Calder, East
Lucas, Folsom, Dowlen, and North Trunk Interceptors. These manholes require
maintenance to eliminate the inflow and infiltration of rain water into the sanitary sewer
collection system. The engineer's estimated cost for the project was $1,100,000.
On Thursday, December 8, 2016, bids were solicited for furnishing all labor, materials,
equipment and supplies for the project. One (1) bid was received as follows:
Contractor
Location
Bid
MK Constructors
Vidor, Texas
$1,097,857.00
On December 14, 2016, the City's engineering consultant, Schaumburg & Polk, Inc., of
Beaumont, Texas, provided the City with a letter recommending award to BDS
Construction, LLC dba MK Constructors. Water Utilities is in agreement with the
consultant's recommendation.
The MBE participation will be with T. Gray Utility of Cypress, Texas, for $511,008.00,
which represents 46.55 percent of the total bid. A total of 120 calendar days are
allocated for the completion of the project.
Approval of resolution.
Councilmember GUidroz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY
APPROVES THE AWARD OF A CONTRACT TO BDS CONSTRUCTION, LLC D/B/A/ MK CONSTRUCTIONS,
OF VIDOR, TEXAS, IN THE AMOUNT OF $1,097,857.00 FOR THE SANITARY MANHOLE
REHABILITATION PROJECT AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO
EXECUTE A CONTRACT WITH BDS CONSTRUCTION, LLC DIB/A MK CONSTRUCTORS, OF VIDOR,
TEXAS. Councilmember Getz seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ,
GETZ, WRIGHT, PATE AND SAMUEL
NAYS: NONE
Minutes — January 10, 2017
MOTION PASSED
Resolution 17 — 006
3. Consider a resolution approving the purchase of a fire truck.
A Velocity pumper truck will be purchased from Siddons-Martin Emergency Group, of
Denton, Texas, in the amount of $691,000. The new unit will replace Unit 7031, which is
a 1990 KME/Spartan pumper truck with 7,603 hours. It has exceeded its expected
service life. The new pumper truck will be designated as Engine 8 and will be housed at
Station 8 located at 6297 Highway 105. The existing unit will be disposed of according to
the City surplus property policy.
Pricing was obtained through the Houston -Galveston Area Council (H -GAC), a
cooperative purchasing association providing cities and political subdivisions with the
means to purchase specialized equipment at volume pricing. H -GAC complies with State
of Texas procurement statutes.
Manufacturer's warranty for the truck is twelve (12) months. Delivery is expected within
ten (10) to eleven (11) months.
Approval of resolution.
Mayor Pro Tem Mouton moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY
APPROVES THE PURCHASE OF ONE (1) 2017 VELOCITY PUMPER FIRE TRUCK FOR USE BY THE FIRE
DEPARTMENT FROM SIDDONS-MARTIN EMERGENCY GROUP, OF DENTON, TEXAS, IN THE AMOUNT
OF $691,000.00 THROUGH THE HOUSTON -GALVESTON AREA COUNCIL (H -GAC) COOPERATIVE
PURCHASING PROGRAM. Councilmember Wright seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ,
GETZ, WRIGHT, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Resolution 17 - 007
4. Consider a resolution approving a contract with The Lube Shop of Beaumont, TX, to
provide preventive maintenance services for city vehicles.
Bids were requested for an annual contract to provide preventive maintenance services
such as oil changes, tire checks, fluid checks and grease checks. Preventative
maintenance services for approximately one hundred (100) police patrol units are
currently required every thirty (30) days. Preventative maintenance services for
Minutes — January 10, 2017
approximately four hundred fifty (450) other city vehicles are currently required every
ninety (90) days. Specifications allow for a one (1) year contract with the option of two
(2) renewals of a one (1) year term at the same pricing as the awarded contract. The
Lube Shop submitted the only qualified bid in the approximate amount of $176,930.52
based on the same service intervals and quantity of oil used currently which represents
an approximate 25% increase over the previous contract. The bid tab did not include the
cost of other services which are less frequently used than oil changes. The increase in
price is due to the request for synthetic oil as opposed to conventional oil. However, with
the use of synthetic oil as opposed to conventional oil the City should be able to reduce
the service intervals, quantity of oil used and related maintenance costs associated with
the city vehicles resulting in further savings for the city.
Bids were requested from seven (7) vendors with three (3) responses. The lowest bidder
was Johnson Xpress Lube, which did not meet bid specifications by not signing the bid
document. The bid package specifically states in bold letters that a signature is required
for the bid to be accepted. Beaumont Frame & Front End submitted a bid but did not list
any prices for services which were specified in the bid package. The Lube Shop, who is
the current holder of this contract, submitted the only qualified bid.
Approval of the resolution.
Councilmember Pate moved to REJECT THE BIDS FOR SIXTY DAYS AND RESUBMIT AT A LATER
DATE. Councilmember Getz seconded the motion.
AYES: COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT AND PATE
NAYS: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBER SAMUEL
MOTION PASSED
WORK SESSION
Review and discuss the 2017 Housing Tax Credit Applications
Chris Boone, Community Development Director, reviewed and discussed the 2017
Housing Tax Credit Applications. Mr. Boone stated that as Council is aware, the
Texas Department of Housing and Community Affairs (TDHCA), awards an
annual allocation of funds for subsidized housing. The process is competitive and
each application is graded on a variety of factors, defined by TDHCA. As has
been the case in some of the previous years, because Beaumont has more than
twice the state average of units per capita supported by Housing Tax Credits, the
developers must obtain approval from the City of Beaumont before applying. In
addition to a resolution acknowledging this fact, developers are also asking for
resolutions supporting their projects in order to gain additional points during the
scoring process.
Minutes — January 10, 2017
There are six applicants that are applying for the Propose4d 2017 HTC Tax
Projects. The following six have made application, Oak Lake on Alpine, Old
Dowlen Cottages, Concord Homes, Bexley Court, Lumberton Village, and at this
time there is no other information on the sixth application, so staff has just called
the development name "College" since the location of the project will be on
College St.
Mr. Boone stated that Herman & Kittle, the developer for the proposed "Old
Dowlen Cottages" is requesting that each developer be allowed to present their
request directly to the City Council. In addition, Herman & Kittle is requesting that
their proposal be heard at a meeting separate from the other applicants.
The deadline for application to TDHCA for each project is March 1, 2017. As
always, it is important to adhere to Fair Housing laws and policies in the
consideration of these requests.
Review and discuss proposed changes to the Code of Ordinances related
to animal care
Kyle Hayes, City Manager, reviewed and discussed the proposed changes to
the Code of Ordinances related to animal care. The Manager spoke to Council
about key changes to the Ordinance. Listed below are the current and the
proposed:
Name Change
From Animal Services to Animal Care
Dog/Cat Limits
The current ordinance allows four (4) dogs/cats per household
The change would be to allow eight (8) dogs/cats per household
Transporting Animals in Motor Vehicles
The current Ordinance states that animal must be "safely enclosed within the
vehicle" or in the case of an unenclosed vehicle (e.g. pickup truck bed) "animal
shall be confined in a secure... container
The change would be that a person may not keep an animal in a motor vehicle
or other enclosed space in which the animal's health or life is endangered
Rabies Vaccination
The current ordinance allows rabies vaccination be valid for one (1) year
The change would allow the rabies vaccination to be valid for three (3) years
Snakes
The current ordinance states it unlawful to possess, sell, breed, or transport
any venomous snakes or reptiles
Minutes — January 10, 2017
The change in the ordinance would state that it's unlawful to own, harbor, or
possess more than four (4) constrictors at one residence
Fees
Current — Reclaim Fees
1St Occurrence - $45
2nd Occurrence - $85
3rd Occurrence - $105
4th Occurrence - $150
Proposed — Reclaim Fee
$45 per Occurrence
Micro -chipping
Currently micro -chipping is not included in the Ordinance
Proposed micro -chipping $25 per animal (if the owner so chooses)
Kennel Fee
The current kennel fee less than 15 animals: $20
15 to 25 animals: $25
More than 25 animals: $35
The proposed kennel fee would be $50 (regardless of the number of animals)
Adoption Fee
The current adoption fee is $30
The proposed adoption fee would be $90 cats; $120 dogs (this fee would
include spay or neuter)
COMMENTS
Councilmembers/City Manager comment on various matters
Public Comment (Persons are limited to 3 minutes)
COUNCILMEMBER COMMENTS
COUNCILMEMBER GUIDROZ -
COUNCILMEMBER GETZ -
COUNCILMEMBER WRIGHT -
COUNCILMEMBER PATE -
STATED THAT IT'S HARD TO BELIEVE THAT IT HAS ALMOST
BEEN TWO YEARS NOW THAT HE HAS BEEN SERVING AS
COUNCILMEMBER, THANKED CHRIS JARMON ON THE
GREAT JOB THAT HE DOES ON DOCUMENTS THAT COME
BEFORE COUNCIL
NONE
NONE
COMMENTED ON THE LOSS OF JEFF RUSSELL WHO WAS A
FORMER DIRECTOR OF THE CITY OF BEAUMONT
Minutes—January 10, 2017
CONVENTION AND VISITORS BUREAU, AND COLONEL
NATHAN SWERDLOW, BOTH WHOM WERE GREAT CITIZENS
COUNCILMEMBER SAMUEL - NONE
MAYOR PRO TEM MOUTON - NONE
MAYOR AMES - NONE
CITY ATTORNEY COOPER - NONE
CITY MANAGER HAYES - ANNOUNCED THAT TODD SIMONEAUX HAS BEEN NAMED
THE NEW CHIEF FINANCIAL OFFICER
Public Comments (Persons are limited to three minutes)
Jon Korejeva 130 Run Way Beaumont TX
Stated that he was the Director of Training and Operations for the Lamar University Unity
Tax Program, work under the auspice of the IRS and several local sponsorship groups,
Entergy and Catholic Charities are just two that they work with, they provide free tax
services to the community on Saturdays at the old Fair Grounds NRC (Neighborhood
Resources Center) as well as Catholic Charities on Monday nights from 5:00 p.m. to 8:00
p.m., stated that there are also locations in Raywood and Orange
Robert Phillips 125 Phillips Ln. Vidor TX
Spoke to Council regarding the city's contract at 2185 Sabine Pass, stated that the
contract was up on December 15, 2016, contacted the City's broker on December 1,
2016, to discuss what was going to happen with the contract, had no response from the
broker until December 15, 2016, with yet another extension, the City's broker explained
to him that it was a when or if situation, would like to know what's the status of the
contract for the property
Stephen Brown 2970 West Lucas Beaumont TX
Passed out pictures that he took in regards to abused animals within the City of
Beaumont, stated in regards to the Animal Services Ordinance, Council spoke about
spay and neuter procedure being done before they leave the animal shelter, he thinks
this is the right thing to do, thought that the Ordinance needed to be a little more
aggressive than what was discussed, feels that the Ordinance needs to enforce breeding
out in the field, there should be a breeders permit before citizens are able to breed their
dogs, if the problem of breeding isn't approached aggressively the problem will never get
solved
Minutes —January 10, 2017
Kelley Kays 2396 Dowlen Beaumont TX
Spoke as a Veterinarian and citizen, stated that having pets spayed and neutered is a
great idea, because when the owners leave with the pet they agree to have the
procedure done and once they leave the shelter it never happens and then they come
back with a litter, stated that she helped deliver 15 puppies from one mother just
yesterday, having the procedure done will curtail having large populations of animals,
also is agreeable to contract the spay and neuter out with other Veterinarians that would
be interested
Glen Johnson 270 Junker Rd. Beaumont TX
Stated that he spent a lot of time on the bid that was discussed earlier, there's so many
places that needs a signature and sorry that he missed areas that his signature was
needed, stated that he did go by the specifications that was in the bid, thanked Council
for taking the time to discuss the process and for making the decision that was made
Open session of meeting recessed at 4:30 p.m.
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Ashley Scott v. City of Beaumont and Chief Anne Huff; Cause No. B-198,422
Brandy Springer, Hani Tohme, P.E., D.E., Frank Jackson, George Randle,
Leonard Faulk, and Trent Thibodeaux v. City of Beaumont and CH2M Hill
Engineers, Inc.; Cause No. B-198,469
There being no action taken in Executive Session, Council adjourned.
io gvailgple upon request in the City Clerk's Office.
Becky er�es,-Ma
Tina Broussard, City Clerk
S
Minutes — January 10, 2017