HomeMy WebLinkAboutMIN DEC 05 2017BEAUMONT
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, Mayor Pro Tem
Virginia H. Jordan, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II
Audwin Samuel, Ward III December 5, 2017 Robin Mouton, 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 in strict compliance with
the Texas Open Meetings Act, Texas Government Code, Chapter 551 on December 5, 2017, at the
City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the
following:
Invocation Pledge of Allegiance Roll Call
Presentation and Recognition
Public Comment: Persons may speak on scheduled agenda item No. 1-3/Consent Agenda
Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Most Reverend Curtis J. Guillory, Bishop, Catholic Diocese of Beaumont 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 Jordan, Getz, Pate, and Mouton. Also
present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk.
Proclamations, Presentation, Recognitions
Recognition" - Sherry Ulmer, Director of the Health Department/EMS announced that the
Beaumont EMS was honored with the 2017 Private/Public Provider Award
Mayor Ames read the announcement regarding Executive Session being held at the
conclusion of the General Business portion of the meeting.
Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda
None
CONSENT AGENDA
Approval of minutes — November 21, 2017
* Confirmation of committee appointments — None
Minutes — December 5, 2017
A. Approve a contract with Tri -Con Inc., of Beaumont, to provide lubricants for use in City
vehicles and equipment — Resolution 17-252
B. Approve a contract with McGriff, Seibels & Williams of Texas Inc., of San Antonio
for workers' compensation excess insurance — Resolution 17-253
C. Approve a one year contract with the Greater Beaumont Chamber of Commerce —
Resolution 17-254
D. Approve the purchase of Supervisory Control and Data Acquisition (SCADA) Human
Machine Interface (HMI) software for use in the Water Department — Resolution 17-255
E. Authorize the Chief Financial Officer to execute all documents necessary to accept funding
from the Texas Department of State Health Services related to Tuberculosis Prevention and
Control — Resolution 17-256
Councilmember Pate moved to approve the Consent Agenda. Councilmember Mouton
seconded the motion.
AYES: MAYOR AMES, COUNCILMEMBERS JORDAN, GETZ, PATE AND MOUTON
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
Consider an ordinance granting a franchise for solid waste collection and transportation
services to Acadiana Waste Services -TX, LLC.
According to City Ordinance 22.05.101, no person shall engage in the business of collecting,
hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained
a franchise from the City. Seven (7) entities currently have nonexclusive franchise
agreements with the City and are doing business in this area. Acadiana Waste Services -TX,
LLC has requested that the City Council grant the company such franchise agreement.
Acadiana Waste Services currently serves central and south Louisiana with its corporate
office located in Lafayette, Louisiana. They are interested in expanding operations into the
Beaumont area.
The requested franchise is generally the same as those previously approved by City Council.
It provides for a term of one year from its effective date and a franchise fee of seven percent
(7%) of gross revenues received for service. It also requires the entity to indemnify the City of
Beaumont and provide insurance which names the City of Beaumont as a named insured.
According to City Charter, franchise ordinances require readings at three (3) separate
Council meetings, with the third not less than thirty (30) days from the first reading. The
ordinance does not take effect until sixty (60) days after its adoption on the third and final
reading. After passage, the ordinance must be published for four (4) consecutive weeks in a
newspaper of general circulation in the city. All publication costs are paid by the franchisee.
This is the third reading.
Minutes — December 5, 2017
A franchise fee of seven percent (7%) of gross receipts will be paid to the City.
Approval of resolution.
Councilmember Jordan moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A
FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO ACADIANA WASTE
SERVICES -TX, LLC. Councilmember Getz seconded the motion.
AYES: MAYOR AMES, COUNCILMEMBERS JORDAN, GETZ, PATE AND MOUTON
NAYS: NONE
MOTION PASSED
Ordinance 17-075
2. Consider a resolution authorizing the City Manager to execute an Earnest Money Contract
and other related documents for the sale of city -owned property located at 950 Washington
Boulevard.
Wheeler Commercial has secured one (1) potential buyer who is interested in purchasing
city -owned property located at 950 Washington Boulevard. After reviewing the Earnest
Money Contract, it is in the best interest of the City of Beaumont to execute the Earnest
Money Contract with Impact Health Services, PLLC with a cash offer in the amount of
$385,000.00.
Impact Health Services, PLLC will deposit $5,000.00 as earnest money to Texas Regional
Title for a feasibility period of 20 days. If Impact Health Services terminates the earnest
money contract, $500.00 of the earnest money will not be refunded to Impact Health
Services, PLLC. The date of closing will be forty-five (45) days after the expiration of the
feasibility period.
Approval of the resolution.
Councilmember Mouton moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE
IS HEREBY AUTHORIZED TO EXECUTE AN EARNEST MONEY CONTRACT WITH IMPACT HEALTH
SERVICES, PLLC FOR THE SALE OF PROPERTY LOCATED AT 950 WASHINGTON BOULEVARD AND THAT
THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE ALL DOCUMENTS NECESSARY FOR THE SALE
OF THE PROPERTY AND IMPROVEMENTS. Councilmember Pate seconded the motion.
AYES: MAYOR AMES, COUNCILMEMBERS JORDAN, GETZ, PATE AND MOUTON
NAYS: NONE
MOTION PASSED
Resolution 17-257
Minutes — December 5, 2017
3. Consider a resolution approving annual contracts for the purchase of ready mix concrete and
heavy materials with Martin Marietta, Inc. and Knife River, Inc. for use by multiple City
departments.
These materials are used by multiple City departments for general construction, street
repairs/replacement, water and sewer projects, and heavy rock for landfill use. This contract
combines the requirements of each affected department under a single contract rather than
having multiple contracts for the same materials.
Bids were requested from eight (8) vendors; three (3) responded. Administration
recommends Martin Marietta, Inc. as the primary vendor and Knife River, Inc. as the
secondary vendor. Specifications allow for a twelve (12) month contract with the option of
two (2) renewals of twelve (12) month terms at the same pricing as the awarded contract.
Martin Marietta, Inc., and Knife River Inc. hold the current contract. DezTex Industrial
Services, Inc. of Port Arthur bid on section one but does not have an actual plant site for pick
up by the City as required by contract.
Primary and secondary vendors are recommended because one of the vendors is not open
for business on weekends, and City work often continues over the weekend. Bid Tabulation
is attached.
In FY 2017, the City spent $306,710 with Martin Marietta and $243,157 with Knife River. The
purchases were paid from the General Fund (33%), Water Fund (52%), and Solid Waste
Fund (15%).
Approval of the resolution.
Councilmember Jordan moved to APPROVE A RESOLUTION THAT THE BIDS SUBMITTED BY MARTIN
MARIETTA, INC., OF BEAUMONT, TEXAS, AND KNIFE RIVER, INC., OF BEAUMONT, TEXAS, FOR A ONE (1
YEAR CONTRACT WITH AN OPTION OF TWO (2) RENEWALS OF TWELVE (12) MONTH TERMS AT THE
SAME PRICING AS THE AWARDED CONTRACT TO SUPPLY READY MIX CONCRETE AND HEAVY
CONSTRUCTION MATERIALS FOR USE BY MULTIPLE CITY DEPARTMENTS FOR GENERAL
CONSTRUCTION, STREET REPAIR/REPLACEMENT AND WATER AND SEWER PROJECTS FOR AN
ESTIMATED AMOUNT OF $1,064,200 DELIVERED/$712,500 PICKUP AND $1,141,850
DELIVERED/$771,350 PICKUP, RESPECTIVELY, BE ACCEPTED BY THE CITY OF BEAUMONT AS
PRIMARY AND SECONDARY CONTRACTS AND THAT THE CITY MANAGER BE AND HE IS HEREBY
AUTHORIZED TO EXECUTE CONTRACTS WITH MARTIN MARIETTA, INC. AND KNIFE RIVER, INC.
Councilmember Getz seconded the motion.
AYES: MAYOR AMES, COUNCILMEMBERS JORDAN, GETZ, PATE AND MOUTON
NAYS: NONE
MOTION PASSED
Resolution 17-258
Minutes — December 5, 2017
WORK SESSION
COMMENTS
Review and discuss a proposal from the Beaumont Housing Authority to develop an
affordable housing complex for seniors on city property located adjacent to the Great
Lawn in downtown Beaumont
Robert Reyna, Executive Director of the Beaumont Housing Authority and Will
Henderson with Carleton Development reviewed and discussed the proposal to
develop an affordable housing complex for seniors on city property located adjacent
to the Great Lawn in downtown Beaumont. Mr. Reyna stated that there is a need for
affordable housing, there are over 7,500 families waiting for affordable housing on
BHA's Public Housing and Section 8 waiting list. Over 600 of those applicants are
from elderly individuals who are 55 and older. The Beaumont Housing Authority
(BHA) has procured a Master Developer, which is Carleton Development, to develop
plans for the new "Le Belle Maison" which will be located at 900 Bonham Street, if
approved. The income limits will be 1 person household $23,340.00 for Low Income
Housing Tax Credit Program, $31,120.00 for the Public Housing Program and
$46,600.00 for Market Rate. There was also discussion of the projected rents (see
below)
Mr. Reyna stated that the City of Beaumont currently own the targeted parcel of land
and that BHA has the ability to exercise eminent domain authority to acquire the land
at or below fair market value. In 2007, BHA partnered with the City in a similar
venture to acquire the City Fairgrounds located on Gulf Street and the act of
exercising eminent domain makes any deed restrictions go away. Will Henderson
with Carleton Development then discussed the possible financing streams, the unit
mix by financing type and how the City could help with the project by discussing three
(3) steps. Step 1); the City can work with BHA on the eminent domain action,
including negotiation on a fair purchase price for the land, provide BHA evidence of
site control, contingent upon award of funding and provide $500 of in-kind
contributions which can be in the form of waived permit fees or other concessions.
Step 2); adopt a resolution affirming a Concerted Revitalization Plan for the targeted
neighborhood, and recognize BHA's proposal as contributing most to the revitalization
efforts. The resolution is required in order to get the necessary points on the
application for funding. Step 3); Prior to construction, rezone the land as needed.
Public Comments (Persons are limited to three minutes)
Eric Bender 2770 1 H 10E
Beaumont TX
Spoke to Council regarding more public housing, especially near the Event Centre, doesn't
know if the tenants pay property tax nor what the long term plan for the development around
the area is, stated that it doesn't seem like a good idea, commented on sales tax and the fact
Minutes — December 5, 2017
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
30% AMI
$312
$375
$433
$483
50% AMI
$520
$625
$721
$805
60% AMI
$625
$750
$866
$966
Market Rate
$833.00
$1,000.00
$1,155.00
$1,288.00
Mr. Reyna stated that the City of Beaumont currently own the targeted parcel of land
and that BHA has the ability to exercise eminent domain authority to acquire the land
at or below fair market value. In 2007, BHA partnered with the City in a similar
venture to acquire the City Fairgrounds located on Gulf Street and the act of
exercising eminent domain makes any deed restrictions go away. Will Henderson
with Carleton Development then discussed the possible financing streams, the unit
mix by financing type and how the City could help with the project by discussing three
(3) steps. Step 1); the City can work with BHA on the eminent domain action,
including negotiation on a fair purchase price for the land, provide BHA evidence of
site control, contingent upon award of funding and provide $500 of in-kind
contributions which can be in the form of waived permit fees or other concessions.
Step 2); adopt a resolution affirming a Concerted Revitalization Plan for the targeted
neighborhood, and recognize BHA's proposal as contributing most to the revitalization
efforts. The resolution is required in order to get the necessary points on the
application for funding. Step 3); Prior to construction, rezone the land as needed.
Public Comments (Persons are limited to three minutes)
Eric Bender 2770 1 H 10E
Beaumont TX
Spoke to Council regarding more public housing, especially near the Event Centre, doesn't
know if the tenants pay property tax nor what the long term plan for the development around
the area is, stated that it doesn't seem like a good idea, commented on sales tax and the fact
Minutes — December 5, 2017
that the internet has become competition, also commented on shared use roadways and
how important it is to have them
Councilmembers/City Manager/City Attorney comments on various matters
COUNCILMEMBER COMMENTS
COUNCILMEMBER MOUTON - NONE
COUNCILMEMBER SAMUEL - ABSENT
COUNCILMEMBER PATE - MADE COMMENTS ABOUT THE MEN AND WOMEN'S
BASKETBALL THAT IS KICKING OFF, ENCOURAGED EVERYONE
TO SUPPORT BOTH, ALSO STATED THAT THERE IS A MEN'S
BASKETBALL GAME ON TONIGHT
COUNCILMEMBER GETZ - CONGRATULATED EMS ON THEIR WELL DESERVED AWARD,
FEELS SECURE AND SAFE THAT THE CITY HAS EMS OUT THERE
TO SERVE WHEN NEEDED, VERY PROUD OF THEM
COUNCILMEMBER JORDAN - ANNOUNCED THE CALDER AVENUE 19 ELECTRICAL BOX
PAINT PROJECT, THERE ARE 19 INTERSECTIONS THAT HAVE
ELECTRICAL BOXES AND EACH ONE WILL BE PAINTED BY A
DIFFERENT ARTIST WHO WILL PAINT SOMETHING OF THEIR
CHOICE ON EACH BOX, ALSO ANNOUNCED THE FIRST
THURSDAY AT THE MILDRED, KATHARINE & COMPANY WILL
BE PLANNING A WONDERFUL DINNER MENU, THERE WILL BE
LIVE MUSIC PROVIDED BY RYAN GIST, NEXT DOOR AT FINDER'S
FAYRE BEAUMONT'S TREASURED ARTIST, DARRELL TROPPY,
WILL HAVE NEW WORK ON DISPLAY ENTITLED "KINGS AND
QUEENS IN THE 21 ST CENTURY", SHOPS AT THE MILDRED WILL
BE OPEN LATE FOR ALL YOUR CHRISTMAS SHOPPING NEEDS,
ENCOURAGED EVERYONE TO COME OUT AND SUPPORT THE
BUSINESSES, ASKED IF STAFF COULD EXPLORE THE IDEA OF NO
PARKING REGULATIONS BEING PUT IN PLACE WHERE THERE
ARE BICYCLE LANES, HAD A CONSTITUENT ASKED THE
QUESTION AS TO WHY THERE WERE NO PARKING REGULATIONS
WERE THERE ARE BICYCLE LANES
MAYOR PRO TEM WRIGHT - ABSENT
CITY ATTORNEY COOPER - NONE
CITY MANAGER HAYES - STATED THAT 90% OF THE WORK FOR THE CALDER AVENUE
ELECTRICAL BOX PAINT PROJECT WAS DONE BY
COUNCILMEMBER JORDAN, THANKED HER FOR ALL OF HER
HARD WORK
Minutes — December 5, 2017
MAYOR AMES - CONGRATULATED BEAUMONT EMS, COMMENTED ON WHAT A
GREAT JOB THE EMS AND FIRST RESPONDERS DID DURING
HURRICANE HARVEY
Open session of meeting recessed at 2:33 p.m.
EXECUTIVE SESSION
TOUR
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Triad Transportation, Inc.
City Council will take a tour or visit various city owned facilities affected by Hurricane
Harvey - Cancelled
being no action taken in Executive Session, Coun
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Tina Broussard, City Clerk
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Minutes — December 5, 2017