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HomeMy WebLinkAboutMIN FEB 07 2012 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr.,At-Large BECKY AMES, MAYOR Gethrel Wright,At-Large Dr.Alan B.Coleman,Ward I CITY COUNCIL MEETING Michael D. Getz,Ward II Audwin Samuel,Ward III February 7, 2012 Jamie Smith, Mayor Pro Tom 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 February 7,2012,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 5-13/Consent Agenda * Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor "Big" Jim Salles of West End Baptist Church gave the invocation. Mayor Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Councilmembers Coleman, Getz, Wright, Pate and Samuel. Absent: Mayor Pro Tern Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Mayor Pro Tem was absent due to work. Proclamations, Presentations, Recognitions "National Sales Month"- February 7, 2012-Proclamation read by Councilmember Pate; accepted by Barry Behannon and Gerald Condon "2-1-1 Day" — February 11, 2012 — Proclamation read by Councilmember Coleman; accepted by Bonnie Brooks, Outreach Coordinator for 2-1-1 Texas Presentation by Chris Breaux, Partner with Null-Lairson, P.C., regarding the 2011- 2012 Comprehensive Financial Report Mayor Ames read the announcement regardng Executive Session being held at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on scheduled agenda items 5-13/Consent Agenda. None Minutes—February 7,2012 CONSENT AGENDA Approval of minutes - January 24, 2012 Confirmation of committee appointments - None A) Approve Change Order No. 6 for work at the Downtown Event Centre Complex — Resolution 12 - 023 B) Approve a six-month extension of the City's Oil, Gas and Mineral Lease with Samson Lone Star, LLC covering 500 acres of land at Tyrrell Park— Resolution 12 - 024 C) Authorize the City Attorney to bring suit to collect delinquent hotel occupancy taxes due the City of Beaumont by J.D. Newton Investment Corporation d/b/a Knights Inn and Capital Certified Development Company— Resolution 12 - 025 D) Authorize the City Manager to execute all documents necessary, specifically including a Lease Agreement, in order for the Beaumont Police Department to have a Police Substation on Prutzman — Resolution 12 - 026 Councilmember Getz made a motion to approve the Consent Agenda. Councilmember Pate seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, WRIdHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District at 3120 Shannon. Administration recommended approval of the zone change. Patricia Lanier, representing YBL Estate, has applied for a zone change. Ms. Lanier states that the purpose of the zone change is to correct a zoning discrepancy that has existed for many years. The building on the subject property and adjacent properties to the north was originally occupied by H&W Welding. Around 1860, it became the home of American Aluminum and was so until 2010. When recently preparing the building for a new tenant, it was discovered that the south part of the building was zoned RS. In order to make the zoning compliant with the commercial use of the building, Ms. Lanier is asking for the zone change. Minutes—February 7,2012 At a Joint Public Hearing held January 23, 2012, the Planning Commission recommended approval 8:0 of a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District at 3120 Shannon. Councilmember Wright moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD (GENERAL COMMERICAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 3120 SHANNON AVENUE, BEAUMONT, JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 12 - 005 2. Consider a request for a zone change from RS(Residential Single Family Dwelling)District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 7825 and 7835 Highway 105. Administration recommended denial of the zone change. Mike Aref has applied for a zone change. The property owner states that he would like to rezone the property so that he can build a 4,500 sq. ft. shopping center. This zone change request could be considered spot zoning. Spot zoning connotes an unacceptable zone that singles out a single tract for treatment that differs from that accorded similar surrounding land without proof of changes and conditions. When faced with such a situation, several issues must be resolved to determine if the zone change is indeed a spot zoning situation. At a Joint Public Hearing held January 23, 2012,the Planning Commission recommended denial 8:0 of a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2(General Commercial-Multiple Family Dwelling-2)District at 7825 and 7835 Highway 105. Councilmember Samuel made a motion to DENY AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE Minutes-February 7,2012 I FAMILY DWELLING)DISTRICT TO GC-MD-2(GENERAL COMMERICAL—MULTIPLE FAMILY DWELLING- 2) DISTRICT AT 7825 AND 7835 HIGHWAY 105, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION DENIED 3. Consider a request for a specific use permit to allow a church in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 2750 E. Lucas. Administration recommended approval. Pastor Harry Thomas, representing Greater Works of Faith Worship Center, has applied for a specific use permit. The church will occupy a building that was formerly used as a reception hall. Pastor Thomas states that there are currently 27 members of the church. Services will be held on Wednesdays from 7 p.m. -9 p.m. and on Sundays from 10:30 a.m.to 12:00 p.m. In addition, other normal church activities such as weddings, banquets, etc. will be held. The south 150'of the subject property is zoned GC-MD. In January, 2006, the former property owner rezoned the north 267' to GC-MD-2. In March, 2007, City Council granted a specific use to the former property owner for a reception hall. The building is no longer used as a reception hall. Since the use of the building is changing,GC-MD-2 zoning requires a specific use permit for the church. At a Joint Public Hearing held January 23, 2012, the Planning Commission recommended approval 8:0 of a speck use permit to allow a church in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 2750 E. Lucas subject to the following conditions: 1. The building will be required to meet the appropriate fire and building codes. 2. The parking lot must be revised to provide adequate access for fire trucks. Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN A GC-MD-2(GENERAL COMMERCIAL — MULTIPLE FAMILY DWELLING-2) DISTRICT AT 2750 E. LUCAS DRIVE IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE Minutes—February 7,2012 MOTION PASSED Ordinance 12 - 006 4. Consider a request for a speck use permit to allow a halfway house for offenders and others in a GC-MD (General Commercial-Multiple Family Dwelling) District at 3305 Magnolia. Administration recommended denial of the request. Marcia Garner with A Chance for a New Beginning has applied for a specific use permit. Ms. Garner states that the facility will house up to 20 male clients and offer transitional to permanent housing with an average stay of 6 to 12 months. The program that will be conducted at the halfway house will provide shelter,food,clothing, community service, religious study, daily counseling, meetings for 12 step programs and job training. In the information provided by Ms. Gamer, she mentions also providing substance abuse and sex offender rehabilitation classes. The target market will be single parents, ex-offenders, low income persons,the homeless and the unemployed. Ms. Garner say that the halfway house will focus on the following areas within the target market: 3. Rehabilitation so that ex-offenders and the homeless can re-integrate back into society rehabilitated. 4. Training to maintain skills and education for job placement. 5. Housing for low-income persons, ex-offenders and the homeless. 6. Jobs so that there is less unemployment, homelessness and crime. The Planning Manager is recommending denial based upon the fact that while the property is zoned GC-MD,the broader area surrounding the property is predominately single family residential. The proposed use would not only affect property values but, more importantly, be a detriment to the safety of the neighborhood. While the Planning Manager recognizes that there must be places for such facilities, the protection of this predominately residential area must be the first priority. In addition to the concerns of the Planning Manager, the Fire Marshall recommends that further investigation be done on how the structure is going to be brought up to code. A change in occupancy requires that the structure meet current codes. At a Joint Public Hearing held January 23, 2012, the Planning Commission recommended denial 8:0 of a specific use permit to allow a halfway house for offenders and others in a GC-MD (General Commercial-Multiple Family Dwelling) District at 3305 Magnolia. Minutes—February 7,2012 i Councilmember Samuel made a motion to DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A HALFWAY HOUSE FOR OFFENDERS AND OTHERS IN A GC-MD(GENERAL COMMERCIAL-MULITPLE-FAMILY DWELLING)DISTRICT AT 3305 MAGNOLIA AVENUE IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS.Councilmember Pate seconded the motion. AYES: MAYOR AMES, COUNCILMEM BERS COLEMAN, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION DENIED 5. Consider approving the abandonment of 151' of an existing waterline easement located at the BISD Westbrook School campus. Administration recommended approval of the abandonment. Beaumont Independent School District has applied for the abandonment of a portion of a waterline easement. The abandonment request is for a portion of a utility easement along the north side of the existing sport field house. The abandonment of the easement will allow construction of expanded field house facilities. Construction of the field house was begun when it was determined that the building would be over the water line and easement No active public utilities have been found on site or identified within this segment of the easement. According to BISD's civil engineer,the only option available for expansion is to extend the field house to the north. Draft plans have been submitted to the City showing the location of the easement. This item was sent to all interested parties. Water Utilities has no objections to the requested abandonment. However, Water Utilities will require BISD to pay for the relocation of the water main and the dedication of a new easement. In addition, City workers will make taps at the contractor's expense. At a Regular Meeting held January 23, 2012,the Planning Commission recommended approval 8:0 of the abandonment subject to the following condition: A new water line easement will need to be dedicated and the existing 8" water main will need to be relocated at BISD's expense. Minutes—February 7,2012 Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING 151' OF AN EXISTING WATERLINE EASEMENT LOCATED AT WESTBROOK HIGH SCHOOL, 8750 PHELAN BOULEVARD, BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 12 — 007 6. Consider amending Section 2.03.075 of the Code of Ordinances to add an Assistant Chief position within the Beaumont Police Department. Administration recommended approval. After Weldon Dunlap retired from the Police Department in December 2009, the Assistant Chief position was eliminated in the Code of Ordinances. After many personnel reassignments and an assessment of departmental needs over the past four months, the Chief of Police requests to have the Assistant Chief position added back. The Assistant Chief would report directly to the Chief of Police and would help administer the affairs of the department and perform the duties of the Chief in his/her absence. The Labor Agreement between the City and the Beaumont Police Officers Association requires that the Chief appoint an Assistant Chief from the rank of Grade 11 (Sergeant) with 10 years or more of seniority as a Grade 11,or a Grade III (Lieutenant)or Grade IV (Captain) at the Chiefs sole discretion. The Assistant Chief position will have an annualized cost of approximately$145,000, including retirement and health benefits. Due to natural vacancies within the Department, total expenditures are expected to be below budget in FY 2012. If approved, the total number of authorized positions within the department would increase from 259 to 260. Councilmember Pate made a motion to ADOPT AN ORDINANCE AMENDING SECTION 2.03.075 OF THE CODE OF ORDINANCES BY CREATING THE POSITION OF ASSISTANT CHIEF IN THE BEAUMONT POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilmember Getz seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, WRIGHT, PATE AND SAMUEL Minutes—February 7,2012 NAYS: NONE MOTION PASSED Ordinance 12 - 008 7. Consider approving a contract for the renovation of the R. C. Miller Library. Administration recommended approval of a bid from McInnis Construction Inc. of Silsbee in the amount of$588,650. Eleven bids were received on Thursday, January 12, 2012 for furnishing all materials, labor, equipment and supplies to renovate the R. C. Miller Library located at 1605 Dowlen Rd. The R. C. Miller Library was constructed in 1982 with funds donated by the R.C. Miller Community Fund. The trust fund is managed by Mr. Ben Woodhead, Sr. Vice President and Trust Officer of Capital One Bank in Beaumont. Funds from the Trust Fund are provided annually for maintenance and operating expenses. The library has not been updated since its original construction date. The proposed interior renovation includes relocating and enlarging the Children's area, relocating the Technology area, constructing a new family restroom, and updating carpet, paint colors, book shelves and furniture. Exterior renovations include extending the drive on the north side to Dowlen Road, installing a freestanding book return unit, and installing additional parking, sidewalks and exterior lighting. The proposed renovation, designed by Rob Clark with Architectural Alliance, was approved for funding by the Miller Trust Fund Committee. The bids include the base bid, Alternate No. 1 for site demolition and constructing the concrete driveway, sidewalks and book return platform; and Alternate No. 2 for furnishing and installing new carpet in the existing community room. The apparent low bidder, McInnis Construction of Silsbee, has contracted with the City on previousprojects including the Central and Rogers Park Community Centers, EMS Med Station No. 2, and most recently the eight new tennis courts at the Athletic Complex. The tennis court project was not completed to the satisfaction of the City and a claim was filed with their bonding company. Negotiations between the City and McInnis resulted in the City accepting the defective courts and McInnis providing partial compensation for repairing the courts. The second low bid was submitted by SeTEX Construction Corporation of Beaumont. Some of the city projects constructed by SeTEX were the Alice Keith Swimming Pool and the Parks Operation Center which were completely successfully. Minutes—February 7,2012 The architect has assured City staff that either contractor would be acceptable. Both contractors plan to subcontract a portion of the work to certified MBE companies. McInnis plans to subcontract 20% to certified MBE companies. SeTEX plans to subcontract 6% of project to certified MBE companies. Funds for this project will be provided by the R. C. Miller Community Fund. Funds for Alternate No. 2, in the amount of$6,650, are available in the Building Services budget. Councilmember Getz made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO MCINNIS CONSTRUCTION, INC., OF SILSBEE, TEXAS, IN THE AMOUNT OF $5 8,650 FOR THE RENOVATION OF THE R.C. MILLER LIBRARY LOCATED AT 1605 DOWLEN ROAD. Councilmember Pate seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 12 - 027 8. Consider approving the purchase of furniture for the R. C. Miller Library. Administration recommended approval of the purchase from Hernandez Office Supply of Nederland in the amount of$57,995.96. Three bids were received on Thursday,January 12,2012 to provide furniture for the R.C. Miller Library located at 1605 Dowlen Road. The furniture to be installed includes seating and work tables for library patrons of all ages throughout the facility as well as new desks and conference room furniture for staff. Delivery and installation by the vendor will follow the completion of the renovation project. Funds for this project will be provided by the R. C. Miller Community Fund. Councilmember Getz made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY HERNANDEZ OFFICE SUPPLY, OF NEDERLAND,TEXAS FOR THE PURCHASE OF FURNITURE FOR THE R.C.MILLER LIBRARY IN THE AMOUNT OF$57,995.96 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, WRIGHT, PATE AND SAMUEL Minutes—February 7,2012 NAYS: NONE MOTION PASSED Resolution 12 - 028 9. Consider approving the purchase of a natural gas powered generator to power the Municipal Transit offices and maintenance facility during power outages. Administration recommended approval of the purchase from Loftin Equipment Company of Houston through the Houston-Galveston Area Council (H-GAC) in the amount of$151,570. As part of the American Recovery and Reinvestment Act of 2009 (ARRA), the Beaumont Transit System was awarded $2.3M for equipment and facility improvements. Included in the grant were funds for a natural gas generator to power the transit office and maintenance facility during a power outage. H-GAC is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H- GAC complies with the State of Texas procurement statutes. The total price includes H-GAC administrative fee. Additional equipment included in the price includes sound attenuated weather enclosure, over voltage protection, pre-alarm senders, an anti-condensation strip heater, a 1200 amp automatic transfer switch and a five year comprehensive warranty. Delivery of the unit will be in eight weeks after generator submittals have been approved. This project is funded by the ARRA grant. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF A KOHLER 300 KW NATURAL GAS POWERED GENERATOR FOR THE BEAUMONT TRANSIT SYSTEM FROM LOFTIN EQUIPMENT COMPANY,OF HOUSTON,TEXAS,IN THE AMOUNT OF$151,570 TRHOUGH THE HOUSTON-GALVESTON AREA COUNCIL (H-GAC) COOPERATIVE PURCHASING PROGRAM. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Minutes-February 7,2012 Resolution 12 - 029 10. Consider approving a contract for the purchase of High Density Polyethylene Pipe for use by the Water Utilities Department. Administration recommended recommends the award of a contract to HD Supply, Inc., of Beaumont in the amount of$90,480.00. Bids were requested for purchase 6,000 feet each of 8 and 10 inch HDPE pipe for use by Water Utilities in the Sewer Rehabilitation Program. Five (5) vendors were notified; ten (10) bids were submitted. Low valid bid of $87,360.00 was received from Vari-Tech, Inc., of Houston. Vari-Tech, Inc., is unable to provide the materials in less than four(4)weeks. This delivery time would create an unacceptable delay in the pipe repair/replacement program. Second low bid of $90,480.00 is from HD Supply, Inc., of Beaumont who has the material in stock and is able to deliver within two(2)days. Administration recommends the award of a contract to HD Supply, Inc., due to delivery schedule. Funds are available in the Water Utilities operating budget for this purchase. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY HD SUPPLY, INC., Of BEAUMONT, TEXAS, FOR THE PURCHASE OF 12,000 FEET OF HIGH DENSITY POLYETHYLENE PIPE FOR USE BY THE WATER UTILITIES DEPARTMENT BEING$9.17 PER FOOT FOR 6,000 FEET OF 10 INCH HDPE PIPE AND$5.91 PER FOOT FOR 6,000 FEET OF 8 INCH HDPE PIPE,FOR A TOTAL AMOUNT OF$90,480 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Wright seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 12 - 030 11. Consider approving a resolution accepting the Calder Avenue Drainage and Pavement Improvement Project— Phase 11. Administration recommended acceptance. On June 2,2009, City Council awarded BRH-Garver Construction, L.P.the contract for the Calder Avenue Drainage and Pavement Improvement Project - Phase II in the Minutes—February 7,2012 amount of$24,616,416.25. There were three (3) previous change orders approved by City Council resulting in a cumulative decrease of$432,403.70. Change Order No. 4 in the amount of$83,537.07 is required to adjust the quantities actually used during the performance of the project, increasing the contract amount to $24,267,549.62. 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 BRH Garver Construction, L.P. in the amount of$144,232.86. The MBE goal was met by subcontracting with the MBE firms of Clean Air Remediation Environmental Services,Crabtree Barricade Systems, Inc., DNA Trucking Inc., L.D. Construction, and Specialty Sales Company in the amount of$6,500,741.02 representing 26.79% of the final contract amount. Funds are available in the Capital Program. Councilmember Coleman made a motion 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 $83,537.07 FOR A TOTAL CONTRACT AMOUNT OF $24,267,549.62. Councilmember Wright seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 12 - 031 12. Consider approving a resolution accepting the Cartwright/Corley Drainage Project. Administration recommended acceptance. On March 8, 2011, City Council awarded Brystar Contracting, Inc. the contract for the Cartwright/Corley Drainage Improvement Project in the amount of$948,949.55.There were two (2) change orders approved by City Council resulting in a cumulative increase of$110,892.00. Change Order No. 3 in the amount of($9,978.83)is required to adjust the quantities actually used during the performance of the project, increasing the contract amount to $1,049,862.72. The project has been inspected and completed in accordance with the Minutes—February 7,2012 Terms and Conditions set out in the contract documents and we recommend final payment to Brystar Contracting, Inc. in the amount of$59,886.05. The MBE goal was met by subcontracting with the MBE firms of American Remediation, Crabtree Barricade Systems, Inc., and Specialty Sales Company in the amount of$68,425.59 representing 6.52% of the final contract amount. Funds are available in the Capital Program. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 3 FOR ADDITIONAL WORK, THEREBY DECREASING THE CONTRACT AMOUNT BY($9,978.83) FOR A TOTAL CONTRACT AMOUNT OF $1,049,862.72. Councilmember Pate seconded the motion. AYES: MAYOR AMES, COUNCILMEM13ERS COLEMAN, GETZ,WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 12 - 032 13. Consider approving a contract for asphalt paving work in coordination with the Streets and Drainage Division. Administration recommended the award of an annual contract to LD Construction, Inc., of Beaumont, with an estimated total expenditure of$338,850. Bids were requested for a one(1)year contract for the placement of hot mix asphaltic concrete (HMAC) pavement. HMAC is used for repairs to large street sections in the Street Rehabilitation Program. The vendor will provide the equipment and manpower to lay the asphaltic concrete according to City specifications with the materials being supplied by the City. The use of a contracted vendor will allow current work loads to progress at a much faster pace. Five (5)vendors were notified, with three (3) bids being submitted. Low valid bid was received from LD Construction, Inc., the current holder of this contract. The bid submitted by CMM Construction, Inc., was rejected as the contractor failed to attend the mandatory pre-bid conference which was a requirement of the solicitation. Funds are available in the Capital Program. Minutes—February 7,2012 Councilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE 131D SUBMITTED BY LD CONSTRUCTION, FOR A ONE(1)YEAR CONTRACT FOR THE PURCHASE OF HOT MIX ASPHALTIC CONCRETE(HMAC)FOR THE PUBLIC WORKS DEPARTMENT,STREETS AND DRAINAGE DIVISION, IN THE ESTIMATED AMOUNT OF $338,850 BE ACCEPTED BY CITY OF BEAUMONT. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 12—033 Mayor Ames asked that the City Manager give a recap of information concerning a new bill regarding the FAA that has been passed by Congress. The City manager stated that the Mayor and Councilmembers, City Attorney as well as a number of Department Directors have been involved with the Federal Government to authorize the use of the funds from the mineral revenue that the City has received. The City of Beaumont has nearly$50 million in mineral revenue from mineral interest from the Municipal Airport. The Federal Government has stated that the money was to solely be utilized for the Municipal Airport. There was no exception to be made or considered by the Federal Government to use the money elsewhere. The City has worked Closely with Senator K. Baily Hutchinson and staff, Congressman Ted Poe, as well as Carolyn Chaney, Washington, DC, who is the consultant for the City, to help put language into the new FAA Bill. This language would allow for an exception to be made by the FAA Administrator for the money to be used on other City projects. The House passed a Bill last week and the Senate passed a bill on Monday, February 6, 2012. It is believed that the President will sign the bill within the next two or three days. Once the Presint signs the bill, the FAA has 90 days to write the rules, once the rules are written then the City will know exactly what the rules are, a request can then be made to allow for an exception to spend the money on other City projects instead of just at the Municipal Airport. The City will have to prove to the FAA that it has enough money to meet the needs of the Airport for a five year period, also agree that the City will not accept federal funds at the airport for a certain period of time. The City is very pleased that it has taken two years to get to this point. This money can be utilized for street projects which has been the consensus of Council to utilize a great majority of those funds for improvements to Washington Blvd. between MLK and 1 -10, Dowlen Rd, Old Dowlen and 7th St. COUNCILMEMBER COMMENTS COUNCILMEMBER SAMUEL- ANNOUNCED THAT ON THURSDAY,FEBRUARY 23,2012,THE WARD 111, FEDERATION OF NEIGHBORHOOD ASSOCIATIONS WILL MEET AT 5:30 P.M., AT CITY HALL, 18T FLOOR Minutes—February 7,2012 CONFERENCE ROOM, THIS IS A GROUP OF NEIGHBORHOOD ASSOCIATIONS THROUGHOUT WARD III, AS WELL AS THE SCHOOLS ALONG WITH PTA REPRESENTATIVES,ASKED THAT COUNCIL EVALUATE HAVING A WORKSESSION IN A COUPLE OF WEEKS ON WHAT IT MEANS TO HAVE A HISTORIC DISTRICT DESIGNATION AS WELL AS WHAT THE PROS AND CONS WOULD BE COUNCILMEMBER PATE- ENCOURAGED CITIZENS THAT ARE NOT A PART OF A NEIGHBORHOOD ASSOCIATION TO DO SO, IF ANY CITIZENS WOULD LIKE TO DEVELOP A NEW NEIGHBORHOOD ASSOCIATION PLEASE GET WITH YOUR COUNCILMEMBER AND THEY WILL BE GLAD TO HELP DEVELOP ONE, THE NEIGHBORHOOD ASSOCIATIONS THAT HAVE TAKEN ACTIVE ROLES REALLY DO MAKE A DIFFERENCE,ALSO WANTED TO COMPLIMENT THE CITY STAFF FOR THE TREES PLANTED AT THE DOG PARK COUNCILMEM13ER WRIGHT- COMMENDED COUNCILMEMBER COLEMAN ON HIS OUTSTANDING SERVICE TO THE COMMUNITY, STATED THAT HE FORMED THE"HANDS FOR GOD MINISTRY",HE GOES OUT AND DOES DENTAL WORK FOR PEOPLE THAT CAN'T AFFORD IT, HE HAS GONE TO HAITI TO RENDER SERVICES, STATED THIS IS GIVING OF HIMSELF, HE IS A PART OF MOST OF THE CHARITABLE FUNCTIONS WITHIN THE CITY, HE WAS ALSO NOMINATED FOR THE FRANCIS K. MONK SERVICE AWARD, ALSO COMMENTED ON AN ARTICLE TITLED THE"THE POWER OF TOUCH TO CHANGE LIVES" IN THE LAMAR UNIVERSITY CARDINAL CADENCE PUBLICATION,ASKED THAT EVERYONE READ THIS PUBLICATION, ALSO THANKED PAUL AND ALBERTA .ZONES FOR THE BEAUTIFUL BRUNCH AND FOR MAKING HER FEEL SO SPECIAL, APPRECIATED THE INVITATION TO ATTEND THE FORMATION OF THE NEW NEIGHBORHOOD ASSOCIATION FOR JERSEY FARM VILLAGE, BUT WAS UNABLE TO ATTEND COUNCILMEMBER GETZ- STATED THAT HE WOULD LIKE TO SEE A NEIGHBORHOOD ASSOCIATION IN THE DOWLEN WEST AREA AND TO REINVIGORATE THE NEIGHBORHOOD ASSOCIATION IN THE BRENTWOOD SUB-DIVISION, IF ANYONE IS INTERESTED, ASKED THAT THEY CALL HIM SO THAT THEY CAN MAKE IT HAPPEN TOGETHER, ANNOUNCED THAT A NEW SENIOR LEAGUE FOR TENNIS OF FIFTY-FIVE YEARS AND UP HAS BEEN FORMED,IF ANYONE IS INTERESTED PLEASE COME OUT AND JOIN Minutes—February 7,2012 COUNCILMEMBER COLEMAN- THANKED THE FINANCE DEPARTMENT FOR THE WORK THEY DO AND THE GREAT AUDIT RECEIVED, CONGRATULATED GERALD CONDON ON BEING NOMINATED EXECUTIVE OF THE YEAR MAYOR PRO TEM SMITH- ABSENT CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES- NONE MAYOR AMES- STATED THAT SHE ATTENDED THE ANNUAL MEETING OF THE SOUTHEAST TEXAS REGIONAL PLANNING COMMISSION AND SHE DID ROOT FOR COUNCILMEMBER COLEMAN ON HIS NOMINATION,ALSO CONGRATULATED GERALD CONDON ON BEING NOMINATED EXECUTIVE OF THE YEAR,ALSO STATED THAT IT IS VERY IMPORTANT THAT CITIZENS DO BECOME A PART OF A NEIGHBORHOOD ASSOCIATION,THANKED THOSE THAT ATTENDED THE COUNCIL MEETING Public Comments (Persons are limited to three minutes) Lin Marie Garsee 1725 Park Beaumont TX Stated that a neighborhood association was formed with fifteen neighbors in the area of Jersey Farm Village,which has requested to become a Historic District,an application was submitted on January 17, 2012 for the area to become a Historic District, ninety percent of the houses in the area are over 100 years old, the application went from one person in planning and zoning and then to another, the application then went to a person in administration that stated he does not like Historic Districts and the application was nixed before it ever got to the next step, stated that becoming a Historic District would have been several things, it would have been an asset to Beaumont, stated the citizens have not aborted the idea, and whether an administrative person likes it or not it will be pursued,we do hope that we have the vote of Council on this, we are the corridor that comes up Pennsylvania from South and Mid County and we are the corridor that comes out Debra Padia 9375 Shephard Beaumont TX Stated that she does not live in the area that is requesting to become a Historic District, wanted to voice her support for the efforts of the group of residents that are working to get their neighborhood registered as a Historic District, it is her understanding that requirements have been met and asked that Council give their support as well, stated that the City is spending millions of tax payer dollars to revitalize and beautify downtown Beaumont and the same for the Courthouse, you encourage people to be a part of this effort by both taking part, voicing support and keeping Beaumont beautiful, yet the Minutes—February 7,2012 residents that live downtown are seeking this and they are being told no, and to her it simply doesn't make sense, added that in her opinion it seems like plain old good common sense to encourage citizens to do a good thing to benefit the City Amanda Young 1795 Pennsylvania Beaumont TX Stated that she owns property at 1795 Pennsylvania, she would like for her property to become a part of the Historic District, also feels that it would encourage the citizens in that area to put more into their property W. R. Sam, Sr. 1761 Rena St. Beaumont TX Reminded everyone about the AI Price Memorial that will take place on Saturday, February 11, 2012, at the John Gray Library at 11:00 a.m., encouraged everyone to please attend Dan Soto, Sr. 5610 N. Major Dr. Beaumont TX Stated that he has been in Beaumont all of his life, commended Council on sitting where they sit, takes a special person to be an elected official, on January 5, 2010, he and his wife had a total loss, his home burned to the ground, asked if a proposal could be made that some type of amendment could be made to the tax code for an abatement for not just him but other home owners for one to three years Pastor Arthur Thompson 1685 Pennsylvania Beaumont TX Voiced his concern in regards to his neighborhood becoming a Historic District,asked that Council give a listening ear to the people that spoke before him, appreciates any help that may be given Open session of meeting recessed at 2:37 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Yvonne Como v. City of Beaumont, Texas; No. 09-10-00192-CV City of Beaumont v. Clifford Teasley; No. 09-10-00193-CV Minutes—February 7,2012 There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. B y A , May Tina Broussard, City Clerk t Minutes—February 7,2012