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HomeMy WebLinkAboutMIN JAN 24 20171 0 1 -3 01 — — - AkWAr* T E X A S M I N U T E S- 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 24, 2017 Robin Mouton, Mayor Pro Tern 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 24, 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 1-8/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Deacon Memphis Jones with the Church of the Lord Jesus Christ 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, 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 1►173Ta Public Comment: Persons may speak on scheduled agenda items 1-8/Consent Agenda. Wendell Radford 2615 Calder #1060 Beaumont TX Spoke to Council in regards to Item #8 on the Agenda, where Council will consider a resolution authorizing eminent domain to acquire two properties off of Erie Street for access to city -owned property, stated that he's an attorney that is representing Dr. Roy Morrell and the Morrell family, would like Council to think of another route to get to the property the City owns so that the Morrell's won't lose their property through eminent domain Clark Colvin 1665 Brighton Ct. Beaumont TX Spoke to Council in regards to Item #6 on the Agenda, stated he is the Executive Vice President of ITEX Group, requested that his proposed development be able to present their proposal to the City Council, have no objection of Item #6 being on the agenda today, would like Council delay acting on support of Item #6 until they give all developments an opportunity to present their proposals to Council Theresa Bowyer 1111 Timbergrove Ln. Houston TX Spoke to Council in regards of Item #6 on the Agenda; stated that their development project is on the agenda, stated that they have been working on this project for over a year now, would greatly appreciate Council's approval and support on today for the project CONSENT AGENDA Approval of minutes — January 10, 2017 Confirmation of committee appointments — None A) Authorize the City Manager to execute Change Order No. 3 for the New Fire Station No. 1 Project located at 1675 Caldwell — Resolution 17 — 008 B) Approve a resolution accepting the donation of property to provide additional right-of- way for Cedar Street - Resolution 17 - 009 C) Authorize the City Manager to apply for and receive funding through U.S. Department of Homeland Security, 2017 Emergency Management Performance Grant (EMPG) program - Resolution 17 - 010 D) Authorize the City Manager to execute all documents necessary for an agreement with West Government Services - Resolution 17 - 011 E) Authorize the City Manager to execute a service agreement for potable water with Lucite International, Inc. - Resolution 17 - 012 F) Approve a resolution rejecting all bids for the Loeb Water Well Site — Well No. 3 Rehabilitation Project (Bid No. WU1117-01) - Resolution 17 - 013 Councilmember Pate moved to approve the Consent Agenda. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving an ordinance calling the General Election for May 6, 2017, to elect a Mayor, two (2) Councilmembers-At-Large, and four (4) Ward Councilmembers (one each for Ward I, II, III and IV); and approving a Runoff Election if necessary. The City Charter dictates that all elected officials shall be elected on a regular election day established by the Election Code of the State of Texas. The City of Beaumont is designating the first Saturday of May to conduct this election, and will conduct a joint election with the Beaumont Independent School District and the Port of Beaumont. The City of Beaumont will elect a Mayor, two (2) Councilmembers-At- Large, and four (4) Ward Councilmembers (one each for Ward I, II, III and IV); and approving a Runoff Election if necessary. The Beaumont Independent School District will elect five (5) Single -Member district trustees and two (2) At -Large trustees. The Port of Beaumont will elect one (1) Ward 1V Commissioner and one (1) At -Large Commissioner. Approval of ordinance. Councllmember Guidroz moved to ADOPT AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, PROVIDING FOR A GENERAL ELECTION TO BE HELD ON THE 6T" OF MAY, 2017 FOR THE PURPOSE OF ELECTING A MAYOR, FOUR (4) WARD COUNCILMEMBERS (WARDS I, II, III AND IV) AND TWO (2) COUNCILMEMBERS-AT-LARGE; AND DESIGNATING POLLING PLACES AND APPOINTING ELECTION OFFICIALS FOR SUCH ELECTION; PROVIDING THE FORM OF THE BALLOT AT SUCH ELECTION; DIRECTING THE GIVING OF NOTICE OF SUCH ELECTION; PROVIDING FOR A JOINT ELECTION WITH THE BEAUMONT INDEPENDENT SCHOOL DISTRICT AND PORT OF BEAUMONT; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 17 - 002 2. Consider a resolution authorizing the City Manager to award a bid to Maguire Iron, Inc., of Sioux Falls, South Dakota for the Prison Elevated Storage Tank Rehabilitation project. The Prison Elevated Storage Tank is a 300,000 gallon tank that was constructed in 1990. The exterior surface of the tank was over -coated in 2010. Recent inspections on the tank revealed areas of rusting and exposure of bare metal that require immediate attention. On December 22, 2016, bids were solicited for furnishing all labor, materials, equipment, and supplies for the project. Five (5) bids were received as follows. Contractor Location Total Base Additive Total Award Bid Item 22 Amount Maguire Iron, Sioux Falls, $374,958.00 $3,500.00 $378,458.00 Inc. SD Tank Pro, Inc. Northport, AL $401,360.00 $8,500.00 $409,860.00 CFG Spring, TX $407,300.00 $4,500.00 $411,800.00 Industries, LLC Gulf States Protective La Porte, TX $413,157.00 $7,500.00 $420,657.00 Coatings TMI Coatings, St. Paul, MN $608,500.00 $6,000.00 $614,500.00 Inc. On January 5, 2017, the City's engineering consultant, Schaumburg & Polk, Inc., of Beaumont, Texas, provided the City with a letter recommending award to Maguire Iron, Inc. The award is for Base Bid Items No. 1 thru 20 and Additive Bid Item No. 22. Water Utilities is in agreement with the consultant's recommendation. A total of 120 calendar days are allocated for the completion of the project. Approval of resolution. Councllmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH MAGUIRE IRON, INC., OF SIOUX FALLS, SOUTH DAKOTA. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 17 — 014 3. Consider a resolution authorizing the City Manager to execute Change Order No. 2, accept maintenance, and authorize final payment to Brystar Contracting, Inc. for the Reconstruction and Widening of Avenue A (South of Elgie Street to Washington Boulevard). A grant in the amount of $1,423,471.00 from the Texas Community Development Block Grant (CDBG) Disaster Recovery Program administered by the Texas General Land Office (GLO) for areas impacted by Hurricane Ike was awarded for the Reconstruction and Widening of Avenue A (South of Elgie Street to Washington Boulevard). On August 4, 2015, by Resolution No. 15-160, City Council awarded a contract to Brystar Contracting, Inc., of Beaumont, Texas in the amount of $2,158,069.50. Previous Change Order No. 1, in the amount of $1,714.96, was executed by the City Manager on April 13, 2016, making the new contract price $2,159,784.46. Change Order No. 2, in the amount of $54,029.81, is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of maintenance, approval of Change Order No. 2, and final payment in the amount of $121,881.71 is recommended. Approval of resolution. Mayor Pro Tem Mouton moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH BRYSTAR CONTRACTING, INC., OF BEAUMONT, TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 17 — 015 4. Consider an ordinance authorizing the participation by the City of Beaumont with other Entergy Texas service area cities in matters concerning Entergy before the Public Utility Commission of Texas and the Federal Energy Regulatory Commission in the year 2017. The City of Beaumont is statutorily given the responsibility of exclusive original jurisdiction over the rates, operation and services of Entergy Texas, Inc. (ETI), which provides electric utility services in the City of Beaumont. To ensure that ETI is providing fair, just and reasonable rates and efficient services to the area, the City of Beaumont continually assesses the ongoing efforts of ETI and the services it provides to the citizens of Beaumont. This is accomplished primarily through the combined efforts of the cities in the Entergy service area with similar jurisdictional responsibilities. The proposed ordinance allows the City of Beaumont to continue its participation as a member of the Steering Committee of cities within the ETI service area to monitor the operation and services provided by ETI to the citizens of Beaumont. The ordinance also authorizes the hiring of utility consultants and lawyers through the Steering Committee to facilitate the efforts of the service area cities. Approval of an ordinance authorizing the City of Beaumont's participation with other Entergy Texas service area cities in matters concerning Entergy before the Public Utility Commission of Texas and the Federal Energy Regulatory Commission in the year 2017. Councilmember Pate moved to APPROVE AN ORDINANCE OF THE CITY COUNCIL OF BEAUMONT, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY TEXAS, INC. AT THE PUBLIC UTILITY COMMISSION OF TEXAS AND THE FEDERAL ENERGY REGULATORY COMMISSION IN 2017. Councilmember Guidroz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 17 — 003 5. Consider a resolution acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits or private activity bonds and authorize the Housing Authority of the City of Beaumont to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for the proposed Housing Tax Credit (HTC) project known as St. Helena Square Apartments at 2020 Cottonwood, as well as offering expressed support for the proposed project. — This item was pulled 6. Consider a resolution acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits or private activity bonds and authorize Herman & Kittle Properties, Inc. to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for the proposed Housing Tax Credit (HTC) project known as Old Dowlen Cottages at 4167 Old Dowlen, as well as offering expressed support for the proposed project. Herman & Kittle Properties, Inc. are seeking to submit their project, Old Dowlen Cottages at 4167 Old Dowlen, to the Texas Department of Housing and Community Affairs (TDHCA) for the use of Housing Tax Credit (HTC) funds forthe construction of affordable housing. Currently, Beaumont has more than twice the state average of housing units supported by Tax Credits or private activity bonds per capita. As such, additional subsidized units could not be considered for this program by TDHCA unless the city acknowledges that Beaumont has more than twice the state average of subsidized housing units per capita and offers support for the project, as provided for §11.3(b) of the Qualified Allocation Plan and as required by §2306.6703(A)(4) of the Texas Administrative Code. In addition, projects that receive additional resolution of "no objection" or "support", as outlined under §2306.6710(b)(1)(b) of the Texas Government Code, can receive up to seventeen (17) points during the evaluation process of their projects by TDHCA. During a recent Work Session on this issue Councilmember Guidroz and Councilmember Samuel requested that Old Dowlen Cottages be considered for support. Approval of the resolution. Councilmember Guidroz moved to APPROVE A RESOLUTION THAT THE CITY OF BEAUMONT HEREBY SUPPORTS THE PROPOSED OLD DOWLEN COTTAGES, AND CONFIRMS THAT ITS GOVERNING BODY HAS VOTED SPECIFICALLY TO APPROVE THE CONSTRUCTION OF THE DEVELOPMENT AND TO AUTHORIZE AN ALLOCATION OF HOUSING TAX CREDITS FOR THE DEVELOPMENT PURSUANT TO TEXAS GOVERNMENT CODE §2306.6703(A)(4); AND THAT THE CITY MANAGER IS HEREBY AUTHORIZED, EMPOWERED, AND DIRECTED TO CERTIFY THE RESOLUTION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, WRIGHT, PATE AND SAMUEL NAYS: NONE ABSTAIN: COUNCILMEMBER GETZ MOTION PASSED Resolution 17 — 016 7. Consider a resolution approving an agreement with Richard James, III, and The Sports Society for American Health to hold the 2017 Gusher Marathon on March 4, 2017. In recent years it has become very popular for organizations to hold fun runs, 5K runs, color runs and marathons for fundraisers or to promote health and wellness in the city. The Sports Society for American Health held its first Gusher Marathon in May of 2010 and has held one annually since that time. The marathon, like many others, is not a City -sponsored event and as such any costs incurred for police traffic control, street cleanup, street barricading, etc., performed by employees of the City of Beaumont on overtime are billed to the organization hosting the event. The route for the marathon and the number of participants requires extensive traffic control and has resulted in approximately $42,000 in costs annually. Since the first marathon, payment of this amount has been challenging for The Sports Society for American Health. As a result, the City requires a deposit of 50% of the estimated costs. The attached agreement allows for the balance to be paid in full by April 14, 2017. City Staff has met with Mr. James and in an effort to make the marathon cost effective for him, has determined it is best for the City to set up all of the required barricading and message boards as well as manning the intersections and picking up the barricades. With these additional services provided by the City, the estimate for the 2017 Gusher Marathon is $43,662 with a down payment required of $21,831 on or before February 10, 2017. Approval of resolution. Councllmember GUldroz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BEAUMONT AND RICHARD JAMES III AND THE SPORTS SOCIETY FOR AMERICAN HEALTH. Mayor Pro Tem Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 17 — 017 8. Consider a resolution authorizing eminent domain proceedings to acquire two properties off of Erie Street for access to city -owned property. — This item was tabled for 2 weeks Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Public Comments (Persons are limited to three minutes) Herman Davis 3055 Robinhood Ln. Beaumont TX Stated that he is the Regional Manager of a company called Legal Shield, stated the City of Beaumont has been really good to his company, right now they cover nationally 4.2 million people and protect 141,000 small businesses, since they have expanded to Beaumont they have had a great amount of success, extended an invitation to Council, on February 16, 2017, at the Hilton Gardens Inn at 7:00 p.m., the Executive Vice President will be speaking in regards to Legal Shield, also has an issue when exiting the highway at the Delaware Exit, there is a need for a flashing light in that area Landry Rountree 1565 S. Major Dr. Beaumont TX Commented on some action that was taken by Council on several weeks ago in regards to the Lube shop, commended those Councilmembers that voted in favor of rejecting the bids that were submitted and allowed the vendors to rebid, also stated that he filed a complaint with Internal Affairs in October, 2016, has not had any response from them, gave Council a copy of the complaint and asked that they look into this with Internal Affairs, stated that maybe they could get a response from them Joy Crenshaw 675 Heritage Ln. Beaumont TX Janey Phelan 11785 Brooks Rd. Beaumont TX Stated that they were present on behalf of the Animal Shelter, heard that there may be more money being appropriated towards the shelter, wanted to let Council know that they are very much in favor of any changes, has taken many trips to the Animal Shelter and would like to see a different image, the animals are all caged, there is not a place for a family to take the dogs and look at them with their families to see if they are a fit, stated that they think it's important to the City that the image of the shelter is changed Clark Colvin 1665 Brighton Ct. Beaumont TX Stated that they weren't aware that a work shop was the only place that they could be heard, would very much like to be heard, stated that their project is an independent living facility, would love to have an opportunity to speak with Council and present their presentation if Council would reconsider COMMENTS Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS MAYOR PRO TEM MOUTON - COMMENTED ON THE TREMENDOUS TURN OUT FOR THE MLK PARADE, HAD A LOT OF PARTICIPATION AND GLAD TO SEE THE HUGE ATTENDANCE BY THE CITIZENS COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER PATE - ANNOUNCED THAT THE HARLEM GLOBE TROTTERS WILL BE AT FORD PARK ON TONIGHT, LAMAR UNIVERSITY MEN AND WOMEN BASKETBALL TEAMS WILL BE PLAYING AT THE MONTAGNE CENTER ON TOMORROW NIGHT, THE BEAUMONT CHAMBER OF COMMERCE WILL BE CELEBRATING 114 YEARS, THE SYMPHONY AND JAZZ FEST WILL BE COMING TO BEAUMONT SOON, ASKED THAT COUNCIL THINK ABOUT WHAT THEY COULD DO TO CREATE A YOUTH ADVISORY COUNCIL, MAYBE THERE COULD BE A WORKSESSION ON THIS, ALSO MENTIONED HOW FAST PEOPLE DRIVE, GLADYS FROM MARSHALL OUT TO MAJOR, THE SPEED LIMIT IS 35, CITIZENS ARE DRIVING MUCH FASTER THAN THAT IN THAT AREA, ASKED DR. MAJDALANI TO LOOK AT HOOVER ST., THERE ARE A LOT OF HEAVY TRUCKS DRIVING THAT STREET AND THEY ARE WEARING THE STREET DOWN COUNCILMEMBER WRIGHT - IT'S ANOTHER GREAT DAY IN BEAUMONT COUNCILMEMBER GETZ - STATED THAT THERE HAS BEEN SOME UNFORTUNATE INCIDENTS AT THE SYNAGOGUE THAT HE BELONGS TO, THEY HAVE HAD FOUR BROKEN WINDOWS IN THE LAST TWO MONTHS, THE NEWS STATIONS HAVE COME OUT AND DONE STORIES ON IT, HAS HAD A LOT OF SUPPORT FROM THE COMMUNITY, FOR THAT THEY ARE GRATEFUL, STATED THAT THEY ARE GOING TO CATCH THE PEOPLE THAT ARE DOING THIS, YOU DON'T ATTACK A HOUSE OF GOD, IT'S VERY DISTURBING THAT WE HAVE PEOPLE IN THIS COMMUNITY THAT WOULD DO THIS, OFFERED CONGRATULATIONS TO COUNCILMEMBER COUNCILMEMBER GUIDROZ WHO WAS ABLE TO PREVAIL WITH HIS PARTNER STEVE FLETCHER AT THE USTA SANCTIONED TOURNAMENT, THEY PLACED SECOND, THANKED THE CITY MANAGER AND STAFF FOR INVESTIGATING A CAR THAT WAS PARKING ON THE STREET CURB AND OBSTRUCTING THE LINE OF SIGHT FOR OTHER CITIZENS THAT WERE TRAVELING ON THAT STREET COUNCILMEMBER GUIDROZ - COMMENTED ON THE TENNIS CHAMPIONSHIP MATCH, THANKED MR. FLETCHER FOR BEING HIS PARTNER, STATED THEY HAD THEIR ANNUAL TENNIS GALA, THERE WERE 213 PEOPLE THAT ATTENDED THE GALA, COUNCILMEMBER GETZ AND HIS WIFE ALLISON WERE NAMED THE SOUTH EAST TEXAS TENNIS ASSOCIATION COUPLE OF YEAR CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - STATED THAT THE ANIMAL CARE ORDINANCE WILL BE CONSIDERED BY COUNCIL ON TUESDAY, JANUARY 31, 2017, ALSO WOULD LIKE TO RECOMMEND THAT THE COUNCIL HAVE A WORKSESSION ON NEXT TUESDAY AS WELL SO THAT THE TAX CREDIT APPLICANTS CAN MAKE PRESENTATIONS MAYOR AMES - NONE Open session of meeting recessed at 3:03 p.m. EXECUTIVE SESSION Discuss and deliberate economic development negotiations regarding a business entity proposing a Management District development in the City of Beaumont as authorized by Section 551.087 of the Government Code. There being no action taken in Executive Session, Council adjourned. Au,qio available upon request in the City Clerk's Office. , Ma Tina Broussard, City Clerk