HomeMy WebLinkAboutMIN 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