HomeMy WebLinkAboutMIN NOV 13 2018T E X A S
M I N U T E S- CITY OF BEAUMONT
W.L. Pate, Jr., At -Large BECKY AMES, MAYOR William R. Sam, Sr., At -Large
Virginia H. Jordan, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II
Audwin Samuel, Ward III NOVEMBER 13, 2018 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 in strict compliance with
the Texas Open Meetings Act, Texas Government Code, Chapter 551 on November 13, 2018, 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
* Presentation and Recognition
Public Comment: Persons may speak on scheduled agenda item No. 1-6/Consent Agenda
* Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Reverend Joy Walker with Unity Church of Southeast Texas 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 Tern Mouton, Councilmembers Jordan, Getz,
Sam, Pate and Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City
Attorney; Tina Broussard, City Clerk.
Proclamations, Presentation, Recognitions
"Presentation" - Chief Singletary recognized Beaumont Police Detective Corey Pickney,
who was recognized in the U.S. Attorney of the Eastern District of Texas's current newsletter
for his contributions in fighting drug trafficking and violent crimes.
"Recognitions" - The Mayor also congratulated Shaqueena Nobles, Deputy Emergency
Management Coordinator for being recognized as one of the 40 under 40 Young
Professionals
"Recognitions" — Service Award Recognition for the following employees
40 Years of Service
Dennis Branham — Fire Department
Ramona Weems — City Attorney's Office
35 Years of Service
Richard Denson — Equip Tech Leader
25 Years of Service
James Fortenberry — Animal Care
James Hayes — City Manager
Dwayne Matthews — Collections
Felecia Joseph — Landfill
Angela Thomas — Adm. Assistant II
Minutes — November 13, 2018
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 1-6/Consent Agenda
Kelly Herr 4685 Lamar, Beaumont TX
Spoke to Council regarding Item No. 6 on the Agenda; Terminating the management
agreement with the Striesfeld Group, LLC, who manages the Tennis Center at the Athletic
Complex
CONSENT AGENDA
* Approval of minutes — October 30, 2018
Confirmation of committee appointments — None
A) Approve the purchase of radio system improvements from Motorola Solutions Inc. for use
throughout the City — Resolution 18-277
B) Approve an annual contract with Bruce's General Construction Inc. for maintenance and
repair services for use by the Facilities Maintenance Department — Resolution 18-278
C) Authorize the Chief Financial Officer to execute all documents necessary to accept funding
from the Texas Department of State Health Services for a Hurricane Recovery Crisis
Agreement — Resolution 18-279
D) Authorize the Chief Financial Officer to execute all documents necessary to accept funding
from the Texas Department of State Health Services for Tuberculosis Prevention Control —
Resolution 18-280
E) Authorize the City Manager or his designee to execute a Memorandum of Understanding
between the Federal Bureau of Investigation Multi -Agency Gang Task Force and the
Beaumont Police Department — Resolution 18-281
F) Authorize the acceptance, of a ten foot -wide Exclusive Water Line Easement located at 3475
Crow Road — Resolution 18-282
G) Approve a resolution appointing members to the Beaumont Youth Advisory Council —
Resolution 18-283
H) Authorize the settlement of the lawsuit styled Nyjuma Howard v. City of Beaumont; Cause
No. 130,859 — Resolution 18-284
Councilmember Samuel moved to approve the Consent Agenda. Councilmember Jordan
seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ,
SAM, PATE AND SAMUEL
NAYS: NONE
Minutes — November 13, 2018
MOTION PASSED
GENERAL BUSINESS
1. Consider a resolution approving multiple contracts for the purchase of traffic marking
materials.
Bids were requested for annual contracts to supply signage, sign materials, hardware,
specialty paints and traffic control materials.
Bids were requested from eight vendors and three submitted bid responses. Specifications
were divided into three sections and required that each section be awarded to the lowest
qualified bidder who bid the entire section and complied with the required specifications.
Contracts are recommended as follows:
SECTION
VENDOR
EST. TOTAL AMOUNT
1- Hardware
Trantex Transportation, Houston, TX
$388,270.00
2- Marking Materials
Trantex Transportation, Houston, TX
$ 7,625.00
3- Paint
Trantex Transportation, Houston, TX
$ 45,904.70
TOTAL
$441,799.70
Funds will come from the General Fund and the Capital Program.
Approval of the resolution.
Councilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL IS OF THE
OPINION THAT THE BIDS SUBMITTED BY THE VENDORS FOR THE ESTIMATED CONTRACT TOTAL
AMOUNT OF $441,799.70 AS BASED UPON THE UNIT AMOUNTS BE ACCEPTED AND THAT THE CITY
MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH EACH OF THE
VENDORS. Councilmember Samuel seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ,
SAM, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Resolution 18-285
2. Consider a resolution authorizing the City Manager to execute an agreement with CDM
Smith, Inc., of Houston to continue management of the Municipal Separate Storm Sewer
System (MS4) Permit for the City of Beaumont for Fiscal Year 2019.
On October 16, 2012, by Resolution No. 12-249, City Council awarded CDM Smith, Inc., of
Houston an agreement for Professional Engineering Services to manage the MS4 Permit.
The manager of the permit conducts dry and wet weather screenings of our five (5) major
outfalls in the City. Under the permit, the City is required to submit an annual report
summarizing activities and results of the screenings and other inspections conducted
throughoutthe yearwhich CDM Smith, Inc., has successfully completed on the City's behalf
Minutes — November 13, 2018
since 2012.
If approved, the total services and expenses shall not exceed $225,000.00 without the City's
prior written authorization:
Funds will come from the General Fund — Public Works Department.
Approval of the resolution.
Councilmember Jordan moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS
HEREBY AUTHORIZED TO EXECUTE AN ANNUAL ENGINEERING SERVICES AGREEMENT WITH CDM
SMITH, INC., OF HOUSTON, TEXAS TO CONTINUE MANAGEMENT OF THE MUNICIPAL SEPARATE STORM
SEWER SYSTEM (MS4) PERMIT. Councilmember Sam seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ,
SAM, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Resolution 18-286
3. Consider authorizing the City Manager to enter into an agreement with Pour Brothers
Brewery, LLC, and Angie and Collburn McClelland for economic development incentives
under the Neighborhood Empowerment Zone Program.
Recently the City established the Downtown Empowerment Zone in order to encourage
further redevelopment of Downtown Beaumont. The purpose of the zone is to offer economic
incentives in this area to attract new businesses and residences as well as encourage the
redevelopment or growth of existing businesses and residences. Specifically, the zone offers
the following economic development incentives.
1) A possible three (3) year, 100% municipal tax abatement for all added value for
investments greater than $50,000 for residential uses and -$75,000 for all other uses
and a possible, additional four (4) year, 100% abatement for projects in excess of $5
Million.
2) Building fee waivers (not including tap and meter fees).
3) Expedited permit review.
4) Lien waivers for any lien claimed by the City for demolition or high grass abatement
expenditures.
Pour Brothers Brewery, LLC as the business owner and Angie and Collburn McClelland as
the property owners are seeking the benefit from these Empowerment Zone incentives in
order to aid in the development of a craft brewery and taproom at 585 Wall. Their plan
includes an investment of $150,000 in the facility. As such, under the Empowerment Zone
Guidelines, if approved, Pour Brother's project would be eligible for a three (3) year
abatement of city property taxes, building fee waivers, expedited permit review, as well as
lien waivers. Attached is their application, outlining their requests for all eligible benefits,
except lien waivers. The Administration believes that this project would meet the goals of the
Empowerment Zone Program and the new brewery and taproom would help to further the
Minutes — November 13, 2018
redevelopment of our Downtown. Indeed,, craft breweries, along with events, hotels and new
residential options, have proven to be strong catalysts in the redevelopment of many
downtowns across the country. It is our hope and belief that Downtown Beaumont's first
craft brewery will further these redevelopment efforts. Attached is their application as well as
the draft abatement agreement.
Revenues from waived fees and abated ad -valorem taxes would be forgone, but the long-
term economic impact associated with new development should positively affect future
budgets.
Approval of the resolution.
Councilmember Jordan moved to APPROVE A RESOLUTION FOR POUR BROTHERS BREWERY, LLC
AND COLLBURN AND ANGIE MCCLELLAND ARE PROPOSING TO DEVELOP A NEW CRAFT BREWERY AND
TAPROOM AT 585 WALL' STREET IN THE CITY OF BEAUMONT, TEXAS; THIS DEVELOPMENT IS
PROJECTED TO BE AN INVESTMENT OF $150,000.00 IN THE FACILITY, A SUBSTANTIAL INVESTMENT
AS OUTLINED IN THE NEIGHBORHOOD EMPOWERMENT ZONE POLICY AND WOULD, THEREFORE, BE
ELIGIBLE FOR CONSIDERATION FOR AN ABATEMENT OF CITY TAXES FOR UP TO A PERIOD OF THREE (3)
YEARS AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A
NEIGHBORHOOD EMPOWERMENT ZONE TAX ABATEMENT AGREEMENT WITH POUR BROTHERS
BREWERY, LLC, A TEXAS LIMITED LIABILITY COMPANY. Councilmember Sam seconded the
motion.
AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ,
SAM, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Resolution 18-287
4. Consider a resolution approving a contract with Lanier & Associates Consulting Engineers,
Inc., for Professional Engineering Services related to Riverfront Park Damages.
Flood waters during Tropical Storm Harvey caused major damage to Riverfront Park. A
Request for Qualifications (RFQ) was solicited from vendors, and on September 27, 2018,
three (3) responses were received.
Upon review, it was determined based on Criteria Evaluation Scores that Lanier &
Associates Consulting Engineers, Inc., be recommended for award. If approved, Lanier &
Associates Consulting Engineers, Inc., will provide professional engineering services outlined
in Attachment "A" of the agreement. A brief summary of activities to be provided by the
consultant is indicated below:
• Attend a Kickoff Meeting on site with the City to define the scope and site limits of
project.
• Prepare a Design Basis Document for the City to review and make comments on.
• Perform Hydrographic and Topographic Surveys of the site.
• Develop Pre and Post Harvey Plans and Sections.
Minutes — November 13, 2018
• Develop Conceptual Repair Drawings.
• Develop an Opinion of Probable Cost.
• Prepare and Submit a United States Army Corps of Engineers (USACE) Regulatory
Permit Package.
• Prepare and Submit a USACE Real Estate Permit Package.
• Solicit Bids from Environmental and Geotechnical Consultants.
Ninety percent (90%) of the fees will be covered by FEMA, with the remaining fees to be
funded by other grants or the Capital Program.
Approval of the resolution.
Councilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS
HEREBY AUTHORIZED TO EXECUTE AN ENGINEERING SERVICES CONTRACT WITH LANIER AND
ASSOCIATES CONSULTING ENGINEERS, INC. FOR ENGINEERING SERVICES RELATED TO RIVERFRONT
PARK DAMAGES INCURRED DURING HURRICANE/TS HARVEY. Councilmember Sam seconded the
motion.
AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ,
SAM, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Resolution 18-288
5. Consider a resolution authorizing the City Manager to apply to the Texas Division of
Emergency Management (TDEM) and the Texas General Land Office (GLO) for the buyout
or elevation of twenty-seven (27) properties flooded during Hurricane Harvey.
As a result of flooding caused by Hurricane Harvey, many homes within the 100 -year
floodplain received flood damage. During a Work Session held March 27, 2018, guidance
was given to seek funding opportunities for the buyout or elevation of homes located within
the 100 -year floodplain. Since that time, the Texas Division of Emergency Management
(TDEM) has issued a call for applications to receive FEMA funds to cover 75% of the costs
for such a program. In addition, the Texas General Land Office has dedicated HUD funding
to the City of Beaumont for buyouts that would cover the 25% local match for this program.
It should be noted that additional GLO funds not used as a match for this application may still
be available for the buyout of additional properties. Also, the General Land Office has
indicated that they will begin their Homeowners Assistance Plan, which may include
additional elevation or buyout opportunities within the next sixty (60) days.
Funds would come from FEMA's Hazard Mitigation Grant Program (HMGP) through TDEM,
with the local match being funded with HUD's CDBG-Disaster Recovery funds through the
Texas General Land Office.
Approval of the resolution.
Minutes — November 13, 2018
Councilmember Sam moved to APPROVE A RESOLUTION THAT THE TEXAS DIVISION OF
EMERGENCY MANAGEMENT (TDEM) HAS ISSUED A CALL FOR APPLICATION TO RECEIVE FEMA FUNDS
TO COVER 75% OF THE COSTS FORA PROGRAM FOR THE BUYOUT OF ELEVATION OF HOMES LOCATED
WITHIN THE CITY OF BEAUMONT 100 -YEAR FLOODPLAIN AND THE TEXAS GENERAL LAND OFFICE (GLO)
HAD DEDICATED HUD FUNDING TO THE CITY OF BEAUMONT FOR BUYOUTS THAT WOULD COVER THE
25% LOCAL MATCH FOR THIS PROGRAM; AND THAT THE CITY MANAGER BE AND HE IS HEREBY
AUTHORIZED TO APPLY FOR THE TEXAS DIVISION OF EMERGENCY MANAGEMENT (TDEM) AND THE
TEXAS GENERAL LAND OFFICE (GLO) FOR THE BUYOUT OR ELEVATION OF TWENTY-SEVEN (27)
PROPERTIES FLOODED DURING HURRICANE/TS HARVEY. Mayor Pro Tem Mouton seconded the
motion.
AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ,
SAM, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
so]
Resolution 18-289
6. Consider authorizing the City Manager to terminate the management agreement with the
Striesfeld Group, LLC, who manages the Tennis Center at the Athletic Complex.
The City Council approved an agreement with the Striesfeld Group on May 17, 2016. Eric
Striesfeld has requested that the lease agreement be terminated. The termination would be
effective December 30, 2018.
The City will work with Mr. Striesfeld on a smooth transition, with plans for the City to staff
the facility and be open as usual on January 2, 2019.
Councilmember Jordan moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL IS OF THE
OPINION THAT IT IS IN THE BEST INTEREST OF THE CITY OF BEAUMONT TO TERMINATE THE
MANAGEMENT AGREEMENT WITH THE STRIESFELD GROUP, LLC FOR THE MANAGEMENT AND
OPERATION OF THE BEAUMONT TENNIS CENTER AND THAT THE MANAGEMENT AGREEMENT WITH THE
STRIESFELD GROUP, LLC FOR THE MANAGEMENT AND OPERATION OF THE BEAUMONT TENNIS CENTER
IS HERE BY TERMINATED. Councilmember Samuel seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ,
SAM, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Resolution 18-290
Minutes — November 13, 2018
COMMENTS
Public Comments (Persons are limited to three minutes)
Jamesha Joseph 4840 Ave. A Beaumont TX
Stated that on June 18, 2018 she had a water leak, a supervisor was called out to the
property, the work was done and completed with an issue inside the meter box, stated that
once the job was completed she was informed by the City worker that she would receive a
hefty bill but not to worry because the City would make an adjustment, the bill came in and
the cost was $1,783.00, she was told that she had to get on a payment plan which was four
to fives times her monthly payment, she was also told that she had to wait ninety days to
receive the adjustment, once the ninety days passed she was told that she would not get the
adjustment due to incomplete paperwork, has reached out to different city staff with no help
at all, at this point she needs to see who she needs to speak with to resolve this matter
Councilmembers/City Manager/City Attorney comments on various matters
COUNCILMEMBER COMMENTS
MAYOR PRO TEM MOUTON - CONGRATULATED ALL CITY EMPLOYEES THAT WERE HONORED
ON THEIR SERVICE AWARDS, COMMENDED BENGY WILLIAMS
AND THE SOLID WASTE STAFF FOR THE GREAT JOB THEY DID
IN HER AREA, THEY HAD SIX TREES DOWN, STAFF REMOVED
THEM ALL AND CLEANED UP THE AREA
COUNCILMEMBER SAMUEL - CONGRATULATED ALL CITY EMPLOYEES THAT WERE HONORED
WITH SERVICE AWARDS AND FOR REACHING THEIR MILESTONE,
ASKED THAT STAFF CHECK ON PROPERTY AT 2330 GOLIAD,
2530 & 2385 AVE F, THERE ARE JUNK MOTOR VEHICLES AT
ALL OF THESE LOCATIONS
COUNCILMEMBER PATE - CONGRATULATED ALL CITY EMPLOYEES THAT WERE HONORED
WITH SERVICE AWARDS, MENTIONED THE VETERANS DAY
PROGRAM AT THE LAMAR UNIVERSITY FOOTBALL GAME
COUNCILMEMBER SAM - CONGRATULATED ALL CITY EMPLOYEES THAT WERE HONORED
WITH SERVICE AWARDS, COMMENTED ON THE LAST TIME THAT
HE WAS ON COUNCIL VERSUS NOW, HAS SEEN A DIFFERENCE IN
MORAL IN THE OFFICES AND IN THE FIELD, FEELS GREAT ABOUT
THE MORAL OF THE WORKERS AND VERY PROUD OF THE WORK
THAT THEY ALL DO
COUNCILMEMBER GETZ - CONGRATULATED ALL CITY EMPLOYEES THAT WERE HONORED
WITH SERVICE AWARDS ON TODAY, STATED THAT ALL OF THE
CITY WORKERS DO A GREAT JOB, THANKED THE VETERANS
AND THEIR ULTIMATE SACRIFICE, CONGRATULATED LAMAR
UNIVERSITY FOOTBALL TEAM ON THEIR FIFTH STRAIGHT WIN,
LAMAR WILL BE PLAYING MCNEESE STATE UNIVERSITY ON
SATURDAY, IN LAKE CHARLES, LA
Minutes — November 13, 2018
COUNCILMEMBER JORDAN - STATED THAT ST. MARK'S EPISCOPAL CHURCH CHILI SUPPER
WAS A TREMENDOUSLY HOT SUCCESS, THE CHURCH TAKES
NO MONEY, IT ALL GOES INTO COMMUNITY PROJECTS TO HELP
THOSE IN NEED, STATED THAT THERE WAS A FIRE IN HER
NEIGHBORHOOD LAST WEEK ON LONG ST., THANKED CHIEF
WHITE AND HIS FIREFIGHTERS AT THE 399 FOR THE
WONDERFUL JOB THEY DID, ANNOUNCED THAT THE
BEAUMONT ANIMAL CARE FACILITY WILL BE HOSTING A
MICROCHIP CLINIC ON SATURDAY, NOVEMBER 17, 2018,
FROM 10:00 A.M., TO 4:00 P.M., THE COST WILL BE $5.00
CITY ATTORNEY COOPER - NONE
CITY MANAGER HAYES - NONE
MAYOR AMES - STATED THAT BEAUMONT PETS ALIVE HAD THEIR KICKOFF
FOR THEIR CALENDAR FUNDRAISER OVER THE WEEKEND,
MENTIONED THE FY2018, 40 UNDER 40 PROFESSIONALS THAT
WERE HONORED ON LAST WEEK, AS WELL AS THE WOMEN OF
PHILANTHROPY THAT TOOK PLACE THIS WEEKEND, IT WAS
VERY WELL ATTENDED
Open session of meeting recessed at 2:30 p.m.
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.072 of the Government Code:
g no a
IM
Specifically, 0.62 +/- acres on Laurel Street (700 Block of Laurel)
taken in Executive Session, Council
Tina Broussard, City Clerk
Minutes — November 13, 2018