HomeMy WebLinkAboutMIN SEP 18 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,Mayor Pro Tern CITY COUNCIL MEETING Michael D.Getz,Ward II
Audwin Samuel,Ward III September 18,2012 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 18,
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 1-3/Consent Agenda
Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Pastor"Big Jim" Salles of the West End Baptist Church gave the invocation. Vietnam Veteran's
led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk.
Present at the meeting were Mayor Ames, Mayor Pro Tern Coleman, Councilmembers Getz,
Wright, Pate and Samuel. Absent: Councilmember Smith. Also present were Kyle Hayes, City
Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk.
Councilmember Smith was out of the City.
Proclamations, Presentations, Recognitions
"Texting and Driving, It Can Wait Day" - September 12, 2012 - Proclamation read by
Councilmember Pate; accepted by Chuck Kalkbrenner with AT&T
"Welcome Home Brother" - September 21 & 22, 2012 - Proclamation read by Mayor
Ames; accepted by Kirwin Stone, President of the Vietnam Veterans of America Chapter
292, Vietnam Veterans and Board Members
Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda.
Valory Barnett P.O. Box 62487 Houston, TX
Spoke regarding Item #3 on the Agenda: Consider a Resolution approving contracts to
provide grounds maintenance at City parks and triangles
CONSENT AGENDA
Approval of minutes - September 11, 2012
Minutes—September 18,2012
Confirmation of committee appointments - Resolution 12- 202
Claude Guidroz would be appointed to the Parks and Recreation Advisory Committee. The term
would commence September 18, 2012 and expire September 17, 2014. (Councilmember Mike
Getz)
Ann Reynolds would be reappointed to the Animal Health Advisory Committee. The current term
would expire December 13, 2012. (Mayor Becky Ames)
A) Approve Compensation for the City Manager— Resolution 12 - 203
B) Approve Compensation for the City Attorney— Resolution 12 - 204
C) Approve Compensation for the City Clerk— Resolution 12 - 205
D) Approve a resolution reappointing Craig Lively as Chief Magistrate for the Municipal Court
of the City of Beaumont— Resolution 12 - 206
E) Approve a resolution reappointing James D. McNicholas, Jimmy Hamm and Terrence
Holmes as City Magistrates — Resolution 12 - 207
F) Approve a resolution terminating a contract with JLMB Properties of Beaumont and
approving a contract with Yardboy Lawncare Services for lawn mowing services —
Resolution 12 - 208
Councilmember Pate made a motion to approve the Consent Agenda. Mayor Pro Tern
Coleman seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
1. Consider a resolution authorizing the City Manager to submit an application to the Federal
Aviation Administration (FAA) to authorize the exemption of airport revenue generated
from mineral extraction activities.
In 2006 and 2007, the City received Airport Improvement Program (AIP) funds from the
FAA for capital improvements for the city's municipal airport. These federal block grant
funds are distributed through the Texas Department of Transportation, Aviation Division.
The grant assurance obligations stipulate that all revenues generated by the airport will be
expended for the capital or operating costs of the airport. The federal policy defines Airport
Revenue as all fees, charges, rents from air carriers, tenants, lessees and the sale or lease
of rights in sponsor owned mineral, natural, or agricultural products or water to be taken
from the airport.
Minutes—September 18,2012
In 2007, the City entered into an agreement with Cimarex Energy Company to perform
seismic testing on a 276 acre tract of airport property. In 2009, Cimarex began drilling and
the City received its first production payment in February 2010. To date, the balance of
funds from mineral extraction revenue total $52.3M. However, the grant assurances
associated with the AIP funds limited the use of the revenues to airport improvements or
operating expenses.
On February 14, 2012, the President signed Public Law 112-95, also known as the FAA
Modernization and Reform Act of 2012. Section 813 of the Act, Use of Mineral Revenue at
Certain Airports, grants the FAA Administrator the authority to exempt a defined amount of
airport revenue generated from mineral extraction activities on general aviation airports
from statutory, grant assurance, and policy obligations if specific conditions are met.
Section 813 requires the airport sponsor to enter into a written agreement with the
Administrator that sets forth a five (5) year capital improvement program for the airport
which includes the following:
(a)the projected costs for the operation, maintenance, and capacity needs of the airport in
order to comply with applicable design and safety standards of the Administration; and
(b) appropriately adjusts such costs to account for inflation.
The sponsor must also waive all rights to receive entitlement funds or discretionary funds
to be used at the airport during the five (5) year period; perpetually comply with revenue
grant assurances unless granted a specific exception by the Administrator; and operate the
airport as a public use airport unless the Administrator specifically grants a request to allow
the airport to close. Additionally, the sponsor must comply with all grant assurance
obligations in effect for a period of twenty (20) years.
TxDOT Aviation Division has prepared a five (5)year capital improvement program for the
Beaumont Municipal Airport. The proposed five (5) year operating budget, including an
inflation factor has been compiled. The reserve that will be recommended to the FAA for
the Beaumont Municipal Airport's Capital Improvement Program and Operating Budget is
$4.5M.
Section 813 limits the use of exempted revenue to Federal, State, or local transportation
infrastructure projects carried out by the airport sponsor or by a governing body within the
geographical limits of the airport sponsor's jurisdiction.
The Old Dowlen Road project is funded in part by one grant totaling $4M. The Dowlen
Road project is expected to begin in FY2015 with the balance funded by the Capital
Program or mineral revenue received in the future.
Mineral Extraction Revenue from Airport Property.
Approval of resolution.
Minutes—September 18,2012
I
Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER IS
AUTHORIZED TO SUBMIT AN APPLICATION TO THE FEDERAL AVIATION ADMINISTRATION (FAA) TO
AUTHORIZE THE EXEMPTION OF AIRPORT REVENUE GENERATED FROM MINERAL EXTRACTION
ACTIVITIES. Councilmember Pate seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Resolution 12 - 209
2. Consider a resolution authorizing the award of a proposal for a design build contract for the
construction of a skate plaza.
Three (3) proposals were accepted for design build services to construct a plaza with skate
related improvements on property located on the southeast corner of Laurel Avenue and
Magnolia Street. Each proposal was evaluated by a committee consisting of the Parks and
Recreation Director, the Community Development Director and the Capital Projects
Manager. The criteria used in the evaluation included their proposed design, time frame,
experience and cost. The proposals were competitive but the design concept provided by
SPA Skateparks was the most innovative in keeping with the goal of a plaza with skate
related amenities.
A design build contract consists of the designer, engineer, landscape architect and
construction contractor working together under a single contract. In this type of agreement,
the design builder produces the design documents and assumes all risks.
The three companies submitting proposals were SPA Skateparks of Austin, Grindline
Concrete Skatepark Design and Construction of Seattle, WA and California Skateparks
Site Design Group of Carlsbad, CA.
Upon award of the contract, staff will begin working with the designer to create a plaza with
skate related features that will provide a much needed recreational area in Downtown
Beaumont. Based on the time frame submitted by SPA Skateparks, the project should be
completed by April 2013. SPA Skateparks plans to subcontract electrical work to a
certified MBE. The amount cannot be determined until the design is complete.
Two (2) Economic Development Initiative grants through the Department of Housing and
Urban Development (HUD) totaling $327,000 were awarded to the City for downtown
development. The grants stipulated that the funds would be used to construct a plaza with
skate related improvements. An additional$100,000 from an anonymous donor has been
committed to the City for the project.
Approval of resolution.
Minutes—September 18,2012
Councilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL
HEREBY APPROVES THE AWARD OF A DESIGN BUILD CONTRACT TO SPA SKATEPARKS,OF AUSTIN,
TEXAS,IN THE AMOUNT OF$422,000 FOR THE CONSTRUCTION OF A SKATE PLAZA LOCATED AT THE
SOUTHEAST CORNER OF LAUREL AVENUE AND MAGNOLIA STREET. Mayor Pro Tern Coleman
seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Resolution 12 — 210
3. Consider a resolution approving contracts to provide grounds maintenance at City parks
and triangles.
The contract is for one (1) year with extension options not to exceed two years at the
contract.prices. The contract provides for mowing, trimming, trash removal, maintenance
of landscaping plant materials and other functions. Maintenance takes place on a weekly
basis during growing season and bi-weekly during the non-growing season for the parks
and bi-weekly and monthly for the triangles. The new contract also provides for stricter
scheduling of mows to maintain the parks in the best condition for higher usage on
weekends. The contract is divided geographically into four sections.
Bids were requested from twelve (12)vendors with seven (7)vendors responding. Bidders
were requested to bid each section separately and bids were evaluated for price,
experience, and capability to successfully perform the work. The lowest bid did not meet
specifications. The next lowest bid overall was from PCLC, which is the first bid from this
vendor. In the past year, Staff has had several new vendors bid on grounds maintenance
contracts and find that, after they begin working, their bid is not sufficient or that they are
not able to meet all specifications, resulting in a request to terminate the contracts. This
results in a hardship for the City. Therefore, the most advantageous award based on the
criteria is Section II to PCLC and Sections I, III and IV to Garden of Gethsemane. This will
allow PCLC the opportunity to successfully complete the contract and meet all
specifications as a new bidder. Garden of Gethsemane has successfully completed this
contract before.
General Fund.
Approval of the resolution.
Councilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED
BY PCLC LANDSCAPE MANAGEMENT OF HOUSTON, TEXAS, IN THE TOTAL CONTRACT AMOUNT OF
$169,767.00, FOR AN ANNUAL CONTRACT, WITH TWO ONE-YEAR OPTIONAL EXTENSIONS
AVAILABLE,FOR GROUND MAINTENANCE OF CITY PARKS AND TRIANGLES SECTION I,II,III AND IV BE
ACCEPTED BY THE CITY OF BEAUMONT. Mayor Pro Tern Coleman seconded the motion.
Minutes—September 18,2012
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 12 - 211
PUBLIC HEARING — Pulled
* Receive comments related to 3705 Magnolia Street
4. Consider a resolution approving an ordinance to demolish the structure at 3705 Magnolia
Street without further notification to the property owner if the property owner fails to comply
within ten (10) days.
The structure at 3705 Magnolia has been inspected by the Community Development
Department and was found to be a dangerous structure as defined by the City of
Beaumont's City Ordinance Chapter 24, Article 24.04, titled Unsafe Substandard
Structures. This structure has deteriorated to a condition that it is no longer considered
suitable for repair. Please note that this single structure is being brought outside of a
regular demolition packet due the fact that it is continually being salvaged and is now
missing a substantial portion of an exterior supporting wall and is open and accessible to
the public.
As a commercial structure, the cost of demolition will come from the General Fund,with the
cost billed to the owner of the property for repayment.
Administration recommends approval.
Mayor Pro Tern Coleman left the meeting at 2:34 p.m.
COUNCILMEMBER COMMENTS
COUNCILMEMBER SAMUEL- THANKED ALL OF THE VIETNAM VETERANS FOR THEIR
SERVICE TO OUR COUNTRY,THANKED THE CITY MANAGER,
MAYOR AND STAFF FOR WORKING WITH THE VETERANS
COUNCILMEMBER PATE - THANKED THE VIETNAM VETERANS,SO FORTUNATE TO LIVE
IN THE UNITED STATES OF AMERICA,THANKED THE MAYOR
FOR LEADING THE WAY FOR THE VETERANS,
CONGRATULATED CHIEF SINGLETARY ON THE COPS AND
KIDS CARNIVAL, WHAT A GREAT PROGRAM, REMINDED
EVERYONE TO COME OUT FRIDAY NIGHT TO LAMAR
UNIVERSITY'S FOOTBALL GAME
Minutes—September 18,2012
COUNCILMEMBER WRIGHT- COMMENTED ON THE PROGRAM FOR THE VIETNAM
VETERANS, COMPLIMENTED THE POLICE DEPARTMENT ON
THE COPS AND KIDS CARNIVAL, THE FIRE AND POLICE
DEPARTMENT BASKETBALL GAME, ALSO HAD CONCERNS
REGARDING THE SOCIAL SECURITY OFFICE,THE FACILITY IS
NOT ON THE BEAUMONT MUNICIPAL TRANSITS ROUTE,THE
FEDERAL GOVERNMENT WAS SUPPOSED TO BUILD A FACILITY
THAT WAS ON THE PUBLIC TRANSPORTATION ROUTE THEY
DIDN'T DO THAT, NOT SURE WHAT CAN BE DONE TO GET THE
FEDERAL GOVERNMENT TO PLAY THEIR PART IN ENSURING
THIS HAPPENS, RECEIVED SEVERAL PHONE CALLS
REGARDING NOT HAVING PUBLIC TRANSPORTATION GOING TO
THE SOCIAL SECURITY OFFICE,ASKED WHAT IT WOULD TAKE
AND WHAT WOULD HAVE TO BE GIVEN UP TO SEE THAT THIS
SERVICE BE AVAILABLE FOR OUR CITIZENS TO GET TO THAT
OFFICE,THIS SERVICE IS VERY MUCH NEEDED,UNDERSTANDS
THE EXCESS TO WHICH IT WOULD COST, WOULD LIKE THE
CITY TO LOOK INTO THIS MATTER
COUNCILMEMBER GETZ- CONGRATULATED CHIEF SINGLETARY AND THE BEAUMONT
POLICE DEPARTMENT FOR PUTTING ON THE COPS AND KIDS
CARNIVAL,IT HELPED WITH THE MAIN OBJECTIVE WHICH WAS
TO BRING THE COMMUNITY TOGETHER, SPOKE IN REGARDS
TO COUNCILMEMBER WRIGHT'S COMMENTS ON THE SOCIAL
SECURITY OFFICE,THERE WAS A STUDY DONE,IT INCLUDED
A MECHANISM BY WHICH THERE COULD BE A ROUTE ADDED
THAT WOULD PROVIDE TRANSPORTATION SERVICES TO THE
SOCIAL SECURITY OFFICE, IT ALSO INVOLVED GIVING UP
SOME THINGS LIKE NIGHT SERVICE AND SOME OF THE OTHER
RECOMMENDATIONS THAT WERE MADE UNDER THAT STUDY,
AT THAT TIME COUNCIL WAS NOT READY TO GIVE UP NIGHT
SERVICE,STATED HE HAS SOME IDEAS THAT WOULD PROVIDE
SERVICE TO THE SOCIAL SECURITY OFFICE,ALSO THOUGHT
THE TRANSPORTATION COMMITTEE WOULD PROBABLY NEED
TO MEET AGAIN, HE WOULD BE HAPPY TO SHARE HIS IDEAS,
STATED THAT HE HAD A LETTER FROM A CONSTITUENT
ADDRESSING THE CROSSING GUARDS,THERE WAS CONCERN
THAT THE CROSSING GUARDS WERE OF ONE ETHNICITY,
ASKED THAT AS THEY GO FORWARD WHEN THERE IS A NEED
TO REPLACE CROSSING GUARDS THAT THEY NOT BE LIMITED
TO ONLY ONE ETHNICITY BUT THAT THEY BE SPREAD
THROUGHOUT THE CITY AS A WHOLE
MAYOR PRO TEM COLEMAN - LEFT THE MEETING AT 2:34 P.M.
MAYOR PRO TEM SMITH - NONE
CITY ATTORNEY COOPER- NONE
Minutes—September 18,2012
CITY MANAGER HAYES - NONE
MAYOR AMES - COMMENTED ON THE COPS AND KIDS CARNIVAL GIVEN BY
THE BEAUMONT POLICE DEPARTMENT AND HOW WELL IT
WAS ATTENDED, THANKED CINDY BLOODSWORTH FOR ALL
OF HER HARD WORK,ALSO ON THE GRAND OPENING OF THE
AMTRAK STATION, THANKED BRENDA BEADLE, CITY
MANAGER AND STAFF FOR ALL OF THEIR HARD WORK
Public Comments (Persons are limited to three minutes)
Rev. J. D. Roberts 5475 Landry Ln. Beaumont TX
Commented on the Cops and Kids Carnival and how great it was, invited everyone to an All
Faith Prayer, which will be held at the Beaumont Event Centre, on September 24, 2012,
from 6:30 p.m. to 7:30 p.m., stated this is prayer for Beaumont and for the City Council,
mention several pastors and rabbi's that will be speaking and praying for the Council and
the City as a whole
Michael Alfred 1877 Washington Beaumont TX
Stated that he's the Owner and CEO of Garden of Gethsemane Lawn Maintenance, he has
a slight problem, three years ago he was told that he won all the bids for the parks, he was
the lowest bidder of all sections I through IV and was told that he would get a choice of
what sections he wanted, he didn't get every section, today the council just voted to give a
vendor all sections, the same rules that applied three years ago are the same rules that are
used today, trying to find out why he had to select certain sections three years ago and
today the vendor gets all sections
There being no Executive Session, Council adjourned 2:50 p.m.
dio availabl upon request in the City Clerk's Office.
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Tina Broussard, City Clerk u�
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Minutes—September 18,2012