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Home My WebLink AboutMIN AUG 1 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 August 1, 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 on August 1, 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 item No. 1-3/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Edison Colbert with Paradise Missionary 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, Mayor Pro Tem Wright, Councilmembers Jordan, Getz, Pate, Samuel and Mouton. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "The Journey Day" - August 3, 2017 - Proclamation read by Mayor Ames; accepted by Morline Guillory, President of the Pioneering Women along with the Honorees and Pioneering Women committee members, the Honorees that were honored were: Camille Briggs Allison Getz Japera Levine Faye Woodsmall Jane Hebert Dee Richard Ingrid West Holmes 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. Pastor M.L. Johnson P.O. Box 291 Beaumont TX Stated that on last year his church did special recognitions, on today he wanted to present a plaque to Mayor and Council, commented that he wanted to thank Council for all that they are doing in the City Minutes—August 1, 2017 CONSENT AGENDA * Approval of minutes — July 25, 2017 * Confirmation of committee appointments — Resolution 17- 147 Devang Chande will fill the unexpired term of Punit Seth on the Convention and Tourism Advisory Board Committee. The term would commence August 1, 2017 and expire September 30, 2017..(Mayor Becky Ames) A) Approve the appointment of Thomas W. Duesler as Senior Assistant City Attorney and setting his starting compensation — Resolution 17-148 B) Approve a proposal submitted by SETEX Construction Corp. to repair, clean, and paint the wood windows at the Julie Rogers Theater located at 765 Pearl Street— Resolution 17-149 C) Approve a proposal submitted by SETEX Construction Corp. to repair the steel columns on the window wall system at the Beaumont Main Library Building located at 801 Pearl Street — Resolution 17- 150 D) Approve a proposal submitted by SETEX Construction Corp. to repair the wood. dock and pier at Colliers Ferry Park located at 5390 Pine Street — Resolution 17- 151 E) Authorize the settlement of the claim of AH United Carriers — Resolution 17-152 F) Authorize a resolution accepting maintenance of a new water line on Keith Road north of Spurlock Road — Resolution 17- 153 G) Authorize a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Westchase Village, Section Ten, Phase IV — Resolution 17- 154 H) Approve of a resolution repealing Resolution No. 17-137 authorizing the acceptance of a ten foot wide Exclusive Water Line Easement located at 2366 Sulphur Plant Road — Resolution 17-155 1) Authorize the acceptance of an exclusive 30' x 20' Water Meter Easement located at 2366 Sulphur Plant Road — Resolution 17-156 J) Authorize a resolution amending section 13 of the agreement with TNT Wrecker Service for the towing and impounding of uninsured vehicles — Resolution 17- 157 K) Approve of repealing Resolution No. 17-145, approving the settlement of the lawsuit styled Gayle M. Harris v. Payne's Wrecker Service, Inc.; Russell G. Huff; and the City of Beaumont, Texas; Cause No.0128051 — Resolution 17-158 Councilmember Pate moved to approve the Consent Agenda. Mayor Pro Tem Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS JORDAN, GETZ, PATE, SAMUEL AND MOUTON Minutes—August 1, 2017 NAYS: NONE MOTION PASSED GENERAL BUSINESS Consider a resolution approving an amendment to the Industrial District Agreement (IDA) with Coastal Caverns, Inc. By Resolution No. 16-025 and on February 2, 2016, City Council approved an IDA with Costal Caverns, Inc. Since that time, Coastal Caverns has requested an abatement for a potential project (known as Project Branch) that the company is in the advanced stages of evaluating with an estimated investment value up to $271 million. Project Branch would include the addition of one or more caverns to store various fuels and products. It is estimated that this project will create 20-23 new full-time jobs. All new construction and equipment related to this project would receive an initial 4 -year tax abatement at 100% for the first two years and 75% for the next two years. If it is verified that the project investment is over $150 million, then another 3 -year abatement at 50% would be provided. In exchange for the tax abatements, the City will continue to bill the company for the existing facilities based on its value and receive such payment, but it would be agreed that the payment would be no less than $165,000 per year. Payments are accounted for in the General Fund. Approval of the resolution. Councilmember Mouton moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS AUTHORIZED TO EXECUTE AN AMENDMENT TO THE INDUSTRIAL DISTRICT AGREEMENT WITH COASTAL CAVERNS, INC. THE MEETING AT WHICH THIS RESOLUTION WAS APPROVED WAS IN ALL THINGS CONDUCTED IN STRICT COMPLIANCE WITH THE TEXAS OPENS MEETINGS ACT, TEXAS GOVERNMENT CODE, CHAPTER 551. Councilmember Jordan seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS JORDAN, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 17-159 2. Consider granting a new solid waste transportation service agreement with 2S Roll -off Services, 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. Six (6) entities currently have nonexclusive franchise agreements with the City and are doing business in this area. 2S Roll -off Service, LLC has requested that Minutes — August 1, 2017 the City Council grant the company a franchise agreement. 2S serves southeast Texas with its corporate office located at 3065 W. Cedar Street, Beaumont, Texas. The agreement 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 the 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. Attached is a copy of the franchise agreement for your review. This is the second reading. A franchise fee of seven percent (7%) of gross receipts will be paid to the City. Approval of resolution. Mayor Pro Tem Wright moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO 2S ROLL -OFF SERVICE, LL. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS JORDAN, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 17-049 WORK SESSIONS Review and discuss the operations of the Police Department Police Chief, James Singletary reviewed and discussed the operations of the Police Department. Chief Singletary first discussed the Police Department's staffing, stating how many officers are sworn police officers, how many civilians are staffed in the department as well as the authorized staffing level. There was talk of the Police Department's Executive Staff which entails one (1) Police Chief, two (2) Assistant Chiefs, two (2) Captains and three (3) Civilians. There was also discussion of the following divisions, Patrol, Staff, Scheduling, Traffic, Special Assignment, Criminal Investigations, Administration, Training, Personnel and Fleet. There were several community policing programs for Youth and Young Adults that was briefly discussed, as well as safety and crime prevention. Assistant Police, Chief Jim Clay discussed the violent crime rate and population comparison. Review and discuss the operations of the Code Enforcement Division — Deferred Review and discuss the implementation of Railroad Quiet Zones Minutes—August 1, 2017 Public Works Director, Dr. Joe Majdalani reviewed and discussed the implementation of Railroad Quiet Zones. Dr. Majdalan .discussed the quiet zone status, he stated that the Amelia area zone was established in 2008 and in service in 2014; the downtown Beaumont zone was established in 2012 and in service in 2017; the Southside zone was requested in 2016; the Northside zone was requested in 2017 and the Old Town zone was requested in 2017. There was discussion as to who the stakeholders were, such as TxDot, the Federal Railroad Administration, Private Owners, City of Beaumont, Kansas City Southern Railroad, Union Pacific, Burlington Northern, Santa Fe, Amtrak, Port of Beaumont and U.S. Department of Transportation. Dr. Majdalani, also discussed maps that were shown of each zone in Amelia, Downtown, Southside, Northside and Old Town. There was also discussion of the Quiet Zone Risk Index (QZRI) vs. The Nationwide Significant Risk Threshold (NSRT), as well as the Standard Safety Measures (SSM). There were two Quiet Zone procedure options that was discussed, Option #1 was less likely to occur and Option #2 was more likely to occur. The pros and cons to quiet zones were talked about with the pros being, 1) horns will cease sounding operations at every crossing as mandated by federal law; 2) lower risk of accidents; 3) ensures a lower frequency of horn sounding to improve quality of life for residents near a train crossing. The cons were, 1) quiet zones can be very costly, making the recommended changes could cost anywhere from hundreds or thousands of dollars to millions of dollars. The permanent closure of the crossing will limit access for fire, police, EMS and city services, etc. Dr. Majdalani, discussed cost with Council, he stated that the railroad company with maintenance authority over the rail line may have additional criteria that needs to be met in order for a quiet zone to qualify. Not all signalized crossings are the same, some do not have the minimum required pre-emption equipment to qualify the crossing for a quiet zone designation. In order to proceed, the signal will need to be upgraded. This can cost $200 - $400 thousand per crossing. The maintaining railroad authority will provide a one-time credit of $15 thousand for every crossing the City agrees to have closed. Each desired quiet zone cost is as follows: Old Town — 7 existing crossing, 1 mandatory closure: $1.2 - $2.4 million; Southside —19 existing crossings, 8 mandatory closures: $2.2 - $4.4 million; Northside —13 existing crossings, 0 mandatory closures: $2.6 - $5.2 million. Review and discuss possible advertising related to the Municipal Transit System - Deferred COMMENTS Public Comments (Persons are limited to three minutes) Paul Jones 10033 Brooks Rd. Beaumont TX Spoke in regards to the quiet zones, stated that he's been involved with the quiet zone in Downtown because he belongs to Ebenezer Baptist Church, the process started back in 2012, it's a deterrent there in cost and time, there is a lot of finger pointing and someone needs to order that process, right now what is being said that the completion of the project has been over for a while and doesn't understand why a sixty day notification has taken a long time to get to the right people, stated that he's just putting out information and not pointing fingers, also commented on the Worksession that was discussed by Chief Singletary, thought it was a good Worksession and encouraged all of council to work with the Minutes—August 1, 2017 Chief, stated that he has worked with the Chief and thinks that he's doing a very good job and the police department means a great deal to the, community, thinks it's a great idea to diversify the department and maybe follow the lead of some of the other cities that are diversifying their departments, also commented on the gangs and crime in the City Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER JORDAN - REMINDED CITIZENS THAT THE GUN BUYBACK PROGRAM WILL TAKE PLACE ON FRIDAY, AUGUST 4, 2017, FROM 5:00 P.M. TO 9:00 P.M., GAVE THE LOCATIONS FOR THE PROGRAM, WARD 1, TRAM ROAD, WARD II, ROGERS PARK COMMUNITY CENTER ON DOWLEN ROAD, WARD III, JOHN PAUL DAVIS COMMUNITY CENTER ON LUCAS ST., WARD IV, MASONIC TEMPLE, 5TH AND WASHINGTON BLVD., AND CATHEDRAL OF FAITH BAPTIST CHURCH, STATED THERE IS TO BE NO AMMUNITION BROUGHT TO THE LOCATIONS AND THE GUNS ARE TO BE IN BAGS, ENCOURAGED EVERYONE TO PARTICIPATE COUNCILMEMBER GETZ - ASKED THAT COUNCIL CONSIDER HAVING A WORKSESSION CONCERNING THE CITY'S TRAVEL POLICY, HE RECENTLY NOTED THAT IN THE MAY FINANCES THAT THE CITY'S EXECUTIVE OFFICE IS ON TRACK TO BE SUBSTANTIALLY OVER BUDGET, PART OF THAT IS LARGER THAN ANTICIPATED COUNCIL TRAVEL EXPENSE, ALSO STATED THAT HE HAPPENED TO CATCH A LOCAL T.V. BROADCAST CALLED "TRACKING THE TRAVEL", IN THIS BROADCAST ALL COUNCIL TRAVEL EXPENSES WERE DOCUMENTED, STATED WHAT HE WOULD LIKE TO SEE DISCUSSED IN THE WORKSESSION, IF COUNCIL COULD COME UP WITH A POLICY THAT WOULD ALLOW THEM TO HAVE A LITTLE MORE PREDICTABILITY FOR BUDGETING PURPOSES, THIS WOULD ALLOW THEM TO FIGURE OUT HOW MUCH IT WOULD COST FOR EACH COUNCILMEMBER TO ATTEND THE TML AND NLC CONFERENCES AND PASS A CERTAIN LIMIT AS TO HOW MUCH THE CITY WILL SPEND PER COUNCILMEMBER ON TRAVEL, HOPES THAT COUNCIL WILL CONSIDER HAVING A WORKSESSION TO DISCUSS THIS MAYOR PRO TEM WRIGHT - STATED THAT SHE ENJOYED THE WORKSESSIONS, WOULD LIKE TO KNOW MORE ABOUT THE CRIME/GANG FACTOR, DOESN'T FEEL THAT CITIZENS HAVE TO WAIT UNTIL A GANG HAS BEEN ESTABLISHED TO REALIZE THAT THERE IS GANG ACTIVITY, STATED THAT BEAUMONT IS BEING INFILTRATED BY OTHER CITIES SUCH AS PORT ARTHUR, HOUSTON ETC., STATED SHE'S VERY PROUD OF THE POLICE DEPARTMENT AND THEIR ACCOMPLISHMENTS, COMMENTED ON THE SCHEDULING WITHIN THE DEPARTMENT Minutes—August 1, 2017 COUNCILMEMBER PATE - COUNCILMEMBER SAMUEL - COUNCILMEMBER MOUTON - CITY ATTORNEY COOPER - CITY MANAGER HAYES - MAYOR AMES - Council recessed at 4:49 p.m. EXECUTIVE SESSION THANKED POLICE CHIEF SINGLETARY AND ASSISTANT POLICE CHIEF CLAY AS WELL AS DR. MAJDALANI FOR THE GREAT WORKSESSIONS ON THE POLICE DEPARTMENT AND THE QUIET ZONES NONE NONE NONE NONE NONE Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: City of Beaumont and Beaumont transit Company vs. Payne's Wrecker Service, Inc. d/b/a Payne & Sons Body Shop & Wrecker and Russell Huff; Cause No. D-197337 Council reconvened at 4:52 p.m. GENERAL BUSINESS 3. Consider approving a resolution authorizing the settlement of the lawsuit styled Payne's Wrecker Service, Inc. vs. City of Beaumont, Texas; Cause No. D-197337. The lawsuit styled City of Beaumont and Beaumont Transit Company vs. Payne's Wrecker Service, Inc. d/b/a Payne & Sons Body Shop & Wrecker and Russell Huff; Cause No. D- 197337 was presented and discussed in Executive Session held on August 1, 2017. The City Attorney is requesting authority to settle this suit in the amount of $206,252.56. General Liability Fund. Approval of resolution. Councilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY ATTORNEY BE, AND HE IS HEREBY, AUTHORIZED TO SETTLE THE LAWSUIT STYLED CITY OF BEAUMONT AND BEAUMONT TRANSIT COMPANY VS. PAYNE'S WRECKER SERVICE, INC., D/B/A PAYNE & SONS BODY SHOP & WRECKER SERVICE, INC., D/B/A PAYNE AND SONS BODY SHOP & WRECKER AND RUSSELL HUFF; CAUSE NO. D- 197337, FOR THE SUM OF $206,252.56; THE SUM OF $19,209.09 WILL BE REIMBURSED TO THE CITY FROM AMERICAN TRANSIT; AND THAT THE CITY MANAGER MANAGER BE AND HE IS HEREBY AUTHORIZED TO SEE A WAIVER FROM THE FEDERAL TRANSIT AUTHORITY (FTA) AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE ALL NECESSARY DOCUMENTS RELATED TO THE SETTLEMENT OF THE LAWSUIT. THE MEETING AT WHICH THIS RESOLUTION WAS APPROVED WAS Minutes—August 1, 2017 Tina IN ALL THINGS CONDUCTED IN STRICT COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT, TEXAS GOVERNMENT CODE, CHAPTER 551. Mayor Pro Tem Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS JORDAN, GETZ, PATE, SAMUEL AND WRIGHT NAYS: NONE MOTION PASSED Resolution/Ordinance 17-160 n oth business to come before Council .rte ing Aw aws aor y sard, City Clerk /�# fit �1N adjourned at 4:53 p.m. Minutes—August 1, 2017