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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 r Tina Broussard, City Clerk OELL��ti Minutes — December 5, 2017