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MIN JAN 08 2019EAU MO NT T 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 JANUARY 8, 2019 Robin Mouton, Mayor Pro Tern Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk The City Councilof 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 January 18., 2019, 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. 3-9/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Edward Petty with Mt. Rose 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, Councilmembers Jordan, Getz, Sam, Pate and Samuel. Absent: Mayor Pro Tern Mouton. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions None Public Comment: Persons may speak on scheduled agenda items 3-9/Consent Agenda None CONSENT AGENDA * Approval of minutes — December 18, 2018 Confirmation of committee appointments Cynthia Hernandez would fill the unexpired term of Devang Chande on the Convention and Tourism Advisory Board. The term would commence January 8, 2019 and expire September 30, 2019. (Mayor Becky Ames) — Resolution 19-001 Minutes — January 8, 2018 Stephen "Doc" Watson would be appointed to the Convention and Tourism Advisory Board. The term would commence January 8, 2019 and expire September 30, 2019. (Councilmember Mike Getz) — Resolution 19-002 A) Approve a resolution appointing members to the Beaumont Youth Advisory Council - Resolution 19-003 B) Authorize the settlement of the lawsuit styled Trudi Martin v. City of Beaumont Public Health Emergency Medical Services and The City of Beaumont; Cause No. 199561 — Resolution 19-004 C) Approve a request for an abandonment of a 20'x150' utility easement located at 2290 Gulf Street — Ordinance 19-001 Councilmember Jordan moved to approve the Consent Agenda. Councilmember Pate seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS Consider a request for a Rezoning from RS (Residential Single Family Dwelling) to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) for property located north of 2170 South Major Drive. James Kirk Farrelly has requested a rezoning from RS (Residential - Single Family Dwelling) to GC -MD -2 (General Commercial - Multiple Family Dwelling - 2), for the property located just north of 2170 S. Major Drive. An application has also been submitted for the rezoning of 2170 N. Major Drive along with a Specific Use Permit for a general merchandise store. The applicant has obtained permission from the property owner to rezone this property, in an effort to create contiguous commercial zoning from the existing GC -MD (General Commercial - Multiple Family Dwelling) zoning at the intersection of S. Major Drive and Washington Blvd., to 2170 S. Major Drive. There are currently no plans to develop this particular property. At a Joint Public Hearing held on December 17, 2018, the Planning Commission recommended 7:0 to approve the request for a Rezoning from RS (Residential Single Family Dwelling) to GC -MD -2 (General Commercial -Multiple Family Dwelling -2). Approval of the ordinance. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE, ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DISTRICT TO GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT FOR PROPERTY LOCATED NORTH OF 2170 SOUTH MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; Minutes — January 8, 2018 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Jordan seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 19-002 2. Consider a request for a Rezoning from RS (Residential Single Family Dwelling) to GC -MD -2 (General Commercial -Multiple Family Dwelling -2), and a Specific Use Permit for a general merchandise store, for property located at 2170 South Major Drive. James Kirk Farrelly has requested a rezoning from RS (Residential - Single Family Dwelling) to GC -MD -2 (General Commercial - Multiple Family Dwelling - 2), along with a Specific Use Permit to allow a general merchandise store at 2170 S. Major Drive. Mr. Farrelly would like to construct a 9,100 square foot Dollar General Retail store on this property. This property, and the surrounding properties, are zoned RS (Residential - Single Family Dwelling). In order to avoid a spot zoning issue, the applicant has submitted an application for rezoning of the property to the north. This will create contiguous commercial zoning from the intersection of Washington Blvd. and S. Major Drive. At the same time, the requested GC - MD -2 (General Commercial - Multiple Family Dwelling -2) zoning allows a degree of protection for remaining residential properties to the west and south. The proposed Dollar General Store does not meet parking requirements. The applicant has submitted a separate Special Exception application for reduced parking. This application would need to be approved by the Zoning Board of Adjustment. In addition, the attached site plan does not appear to provide sufficient landscaping in some areas to meet ordinance requirements. At a Joint Public Hearing held on December 17, 2018, the Planning Commission recommended 7:0 to approve the request for a Rezoning from RS (Residential Single Family Dwelling) to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) for property located North of 2170 South Major Drive with the following conditions: 1. Special Exception for reduced parking from 46 to 30 spaces must be approved by the Zoning Board of Adjustment. 2. Driveway must be approved by TXDOT. 3. ADA compliant sidewalk must be installed across the front of the property, or applicant . must obtain a sidewalk waiver from the Planning Commission. 4. Landscaping must meet City of Beaumont Ordinance requirements. 5. At such time the west portion of the property is developed, an eight (8) foot wood or masonry privacy fence and ten (10) foot landscaped buffer must be installed for that portion of the property. Minutes — January 8, 2018 Approval of the ordinance with the following conditions: 1. Special Exception for reduced parking from 46 to 30 spaces must be approved by the Zoning Board of Adjustment. 2. Driveway must be approved by TXDOT. 3., ADA compliant sidewalk must be installed across the front of the property, or applicant must obtain a sidewalk waiver from the Planning Commission. 4. Landscaping must meet City of Beaumont Ordinance requirements. 5. At such time the west portion of the property is developed, an eight (8) foot wood or masonry privacy fence and ten (10) foot landscaped buffer must be installed for that portion of the property. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT FOR PROPERTY LOCATED AT 2170 SOUTH MAJOR DRIVE, WITH THE CONDITIONS, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Sam seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 18-003 Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A GENERAL MERCHANDISE STORE IN A GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT AT 2170 SOUTH MAJOR DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Sam seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 18-004 3. Consider a resolution authorizing the City Manager to award a contract to ALLCO, LLC, for the Street Rehabilitation City Wide — Phase I Project. Minutes — January 8, 2018 The project consists of 29 sections of residential and collector roadways which are primarily asphaltic concrete pavement (ACP) roadways that have experienced multiple failures. After continual repair efforts, these sections require resurfacing to extend the life of the roadways. On December 20, 2018, four (4) bids were received for furnishing all labor, materials, and equipment for the project. The bid totals are indicated in the table below: Contractor Location Base Bid Amount ALLCO, LLC Beaumont, TX $5,184,482.20 Gulf Coast a CRH Company Beaumont, TX $5,490,423.63 Hayden Paving, Inc. Houston, TX $5,923,152.48 LD Construction Beaumont, TX $6,531,177.56 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, ALLCO; LLC in the amount of $5,184,482.20. A total of 130 working days are allocated for completion of the project. Funds will come from the Capital Program and Street Rehabilitation Program Approval of the resolution. Councilmember Jordan moved to APPROVE A RESOLUTION THAT THE COUNCIL HEREBYAPPROVES THE AWARD OF A CONTRACT TO ALLCO, LLC, OF BEAUMONT, TEXAS, IN THE AMOUNT OF $5,184,482.20, FOR THE STREET REHABILITATION CITY WIDE -PHASE I PROJECT; AND THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH ALLCO, LLC, OF BEAUMONT, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 19-005 4. Consider a resolution rejecting a bid received for the Sewer Lift Station Wet Well Cleaning Contract, Bid No. WU1019-02. Regular cleaning of lift station wet well to remove accumulated debris is necessary to ensure proper flow of sewage and safe operation of the pumps. This project will call for scheduled biannual cleaning of eleven (11) designated lift station wet wells, as well as unscheduled cleanings of any of the 76 lift station wet wells within City limits. On December 20, 2018, one (1) bid was received for furnishing all labor, materials, equipment, and supplies for the project and is shown in the table below: Contractor Contractor Location Total Base Bid Allowance Total Award Amount Chief Solutions, Houston, TX $655,000.00 $20,000.00 $675,000.00 Inc. Engineer's $190,000.00 $20,000.00 $210,000.00 Estimate Minutes — January 8, 2018 Based on a review of the bid received, the Water Utilities Engineer recommends rejecting the bid due to being 221 % above the Engineer's estimate. Funds will come from the Capital Program. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL FINDS IT IS NOT IN THE BEST INTEREST OF THE CITIZENS OF BEAUMONT TO ACCEPT THE BID FOR THE SEWER LIFT STATION WET WELL CLEANING CONTRACT PROJECT AND THAT THE CITY COUNCIL DOES HEREBY REJECT THE BID RECEIVED FOR THE SEWER LIFT STATION WET WELL CLEANING CONTRACT PROJECT. Councilmember Jordan seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 19-006 5. Consider a resolution authorizing a contract with Ascent Aviation Group of Parish, NY for the purchase of aviation fuel for use at the Municipal Airport. In April of 2018, the City took over the operations of the Municipal Airport. Since that time, the City has procured aviation fuel used for resale on an as needed basis without at pricing. Bids were recently solicited from nine vendors for a three-year contract with options for two one-year renewals. Two responses were received. Ascent Aviation Group provided the lowest qualified bid with an estimated annual cost of $540,886.40 plus delivery fees. Funds will come from the Municipal Airport Fund. Approval of the resolution. Councilmember Jordan moved to APPROVE A RESOLUTION FOR THE BID SUBMITTED BY ASCENT AVIATION GROUP, OF PARISH, NEW YORK, FOR A THREE (3) YEAR CONTRACT, WITH THE OPTION OF TWO (2) RENEWALS OF ONE (1)YEAR TERMS, FOR THE PURCHASE OF AVIATION FUEL FOR USE AT THE BEAUMONT MUNICIPAL AIRPORT IN THE ESTIMATED ANNUAL AMOUNT OF $540,886.40, PLUS DELIVERY FEES. Councilmember Sam seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 19-007 6. Consider a resolution for the renewal of an annual maintenance agreement from Superion for use by Police, Fire, and EMS. Minutes — January 8, 2018 Superion software is used by Police, Fire, and EMS for dispatching of emergency personnel, records management for Police, miscellaneous reporting, case management, and numerous other essential functions for Public Safety. This purchase is exempt from competitive bidding since it is available from only one (1) source having exclusive rights to modify and maintain the software. The software maintenance agreement provides twenty-four/seven unlimited telephone support for 911 dispatching; Monday — Friday, 8 — 5, support for mobile computers, electronic field reporting, and all records management applications, and provides annual software upgrades. This agreement is for an annual period beginning January 2019 in the amount of $285,027.94. Funds will come from the Information Technology and Police -General Fund. Approval of resolution. Councilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED TO PAY AN INVOICE IN THE AMOUNT OF #285,027.94 TO SUPERION FOR THE RENEWAL OF AN ANNUAL MAINTENANCE AGREEMENT FOR POLICE, FIRE AND EMS PUBLIC SAFETY SOFTWARE SUPPORT.BEGINNING JANUARY, 2019. Councilmember Jordan seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 19-008 7. Consider a resolution authorizing the City Manager to accept maintenance and authorize final payment for the construction of the Bus Shelters for City of Beaumont Bus Shelters at Various Locations Project — Phase II. On September 11, 2018, by Resolution No. 18-223, City Council awarded a contract to Neon Electric Corporation, of Houston, Texas, for the construction of ten (10) 7'x 14' bus shelters for the City of Beaumont Bus Shelters at Various Locations Project— Phase 11 in the amount of $119,300.00. There were no change orders needed during the construction process. 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 and final payment in the amount of $85,299.50 is recommended. This project is TxDOT Funded (80%) with the remaining balance from the Municipal Transit Fund. Approval of the resolution. Councilmember Jordan moved to APPROVE A RESOLUTION THAT THE CONSTRUCTION OF TEN (10) 7' x 14' BUS SHELTERS AT VARIOUS CITY LOCATIONS BE AND THE SAME HEREBY ACCEPTED AND THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO MAKE FINAL PAYMENT IN THE AMOUNT OF $85,299.50 TO NEON ELECTRIC CORPORATION OF HOUSTON, TEXAS. Councilmember Getz Minutes — January 8, 2018 seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 19-009 8. Consider a resolution authorizing the City Manager to accept maintenance and authorize final payment for the construction of the Concrete Slabs for City of Beaumont Bus Shelters at Various Locations Project — Phase II. On August 14, 2018, by Resolution No. 18-190, City Council awarded a contract to Racehorse Foundation Co., Inc., of Lumberton, Texas, for the construction of ten (10) concrete slabs for the City of Beaumont Bus Shelters at Various Locations Project— Phase II in the amount of $88,575.00. There were no change orders needed during the construction process. 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 and final payment in the amount of $33,047.50 is recommended. This project is TxDOT Funded (80%) with the remaining balance from the Municipal Transit Fund. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE�CONSTRUCTION OF TEN (10) CONCRETE SLABS FOR THE CITY OF BEAUMONT BUS SHELTERS AT VARIOUS LOCATIONS -PHASE II PROJECT BE AND THE SAME IS HEREBY ACCEPTED AND THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO MAKE FINAL PAYMENT IN THE AMOUNT OF $33,047.50 TO RACEHORSE FOUNDATION CO., INC., OF LUMBERTON, TEXAS. Councilmember Sam seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 19-010 COMMENTS Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager comment on various matters Minutes — January 8, 2018 Frank Jackson 5913 Candlelight Dr. Beaumont TX Spoke to Council regarding his mother's home in the 600 block of E. Irving, stated that the street is in deplorable condition, when it rains the street is under water, once the water resides the street is muddy and full of holes, the street is tearing up their vehicles, asked that something be done regarding the issues Donnell Lane 8325 Lawrence Dr. Beaumont TX Spoke to Council regarding a piece of property that he was renting located at 5610 Eastex Freeway, stated that he received a water bill in the amount of $1,800.00, he went into the hospital and had part of his foot amputated, once he returned home he stated that the City came out and removed his water meter at his home due to the $1,800.00 water bill that he hadn't paid, doesn't understand why the City would remove the meter at his home, the water bill wasn't his responsibility but the responsibility of the owner of the property, stated that he hasn't had water at his home for about six months and would like to receive some help from the Council to get his water meter restored at his home David Pete 6355 Chinn Ln. Beaumont TX Commented on the new building that his church has moved into on E. Lucas, asked that there be police presence on the street due to citizens not abiding by the speed limit, thinks the speed limit is 40 mph, citizens are speeding in excess of the 40 mph and doing 50 to 60 mph, also made comments regarding the street rehabilitation, asked if and when redoing the streets will the contractors being doing tar overlay or cement streets, if tar overlay is what the City is calling rehabilitation then the streets will be right back in the deplorable conditions that they are now in a few years because tar overlay doesn't last very long, if the streets are going to be redone, asked that the City do it the right way so the streets will last Dayna Rothenberger 3890 E. Lynwood Dr. Beaumont TX Wished the Mayor and Council a Happy New Year, commented on the bicycle lanes, streets and other issues that the City dealt with in 2018, suggested that Council start the New Year off right and let's get these things done so that citizens could be happy in 2019 Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS MAYOR PRO TEM MOUTON - ABSENT COUNCILMEMBER SAMUEL - WISHED EVERYONE A HAPPY NEW YEAR, STATED THAT HE RECEIVED A CALL REGARDING CONCERNS ON ALLEN DR., THERE'S CLOGGED DRAINS WITH LEAVES AND OTHER DEBRIS, ALSO STATED THAT HE FOUND OUT THAT IN ORDER TO HAVE A STREET SWEPT A CITIZEN HAS TO CALL 311, SAID HE DIDN'T KNOW THAT A CALL HAD TO BE MADE, THOUGHT THAT IT WAS SOMETHING THAT THE CITY ALREADY DID, THERE HAS ALWAYS BEEN A PROBLEM WITH STREETS AND HE UNDERSTANDS THAT, ASKED WHAT IS THE PROCEDURE REGARDING STREET SWEEPING, ALSO MADE COMMENTS ON DILAPIDATED Minutes — January 8, 2018 STRUCTURES, HAS NOTICED THAT THERE ARE MORE AND MORE DILAPIDATED STRUCTURES IN HIS NEIGHBORHOOD, WANTED TO KNOW IF THE CODE ENFORCEMENT DEPARTMENT IS FALLING BEHIND IN THAT AREA, ALSO DOES THE DEPARTMENT FEEL THAT, THE NUMBER OF DILAPIDATED STRUCTURES ARE INCREASING AND IF THE CITY IS GAINING OR LOSING GROUND COUNCILMEMBER PATE - CONGRATULATED THE WEST BROOK BRUINS ON A GREAT PLAYOFF GAME EVEN THOUGH THEY DIDN'T WIN, ALSO THANKED THE CITIZENS FOR THEIR SUPPORT, GAVE CONDOLENCES TO THE FAMILIES OF COLONEL MILTON BELL AND JUDGE JACK ICING, STATED THAT HE'S EXCITED ABOUT 2019, THINKS BEAUMONT WILL CONTINUE TO GET BETTER, REMEMBER THAT EVERYONE'S MISSION IN LIFE IS TO MAKE THE WORLD A BETTER PLACE THAN IT WAS WHEN WE GOT HERE COUNCILMEMBER SAM - WISHED EVERYONE A HAPPY NEW YEAR, STATED THAT IT'S GOOD TO BE ABLE TO TALK ABOUT IMPORTANT ISSUES, HE RECEIVED A LOT OF CALLS REGARDING FLOODING AND WAS ABLE TO GO OUT AND ADDRESS THE ISSUES, GLAD THAT CITIZENS ARE MAKING THE CALLS REGARDING THEIR ISSUES, IF THEY DIDN'T THE CITY WOULDN'T KNOW THAT THERE WAS AN ISSUE, ASKED THAT CITIZENS CONTINUE TO MAKE THE CALLS, ALSO WANTED TO LET CITIZENS KNOW THAT EVERYONE HAS TO DO THEIR PART, THE TRASH DOESN'T GO IN THE DITCH BUT ON THE SIDE OF THE STREET SO THAT IT CAN BE PICKED UP, THANKED DR. MAJDALANI, PUBLIC WORKS DIRECTOR FOR TAKING HIS CALLS REGARDLESS OF WHAT TIME AND FOR HIS STAFF TAKING CARE OF THE ISSUES COUNCILMEMBER GETZ;. CONGRATULATED THE WEST BROOK BRUINS ON A GREAT PLAYOFF GAME, GAVE CONDOLENCES TO THE FAMILIES OF MILTON BELL AND JACK KING, COMMENTED ON ALL THE RAIN AND HOW IT IMPACTS THE CITIZENS WITH SEWER BACKUP ETC., ASKED IF THE RESULTS COULD BE SHARED WITH COUNCIL REGARDING THE STORM SEWER STUDY WHICH WAS APPROVED BY COUNCIL LAST YEAR WITH A COST OF ABOUT $700,000, DOESN'T THINK THE STUDY WAS EVER SHARED WITH COUNCIL AND WOULD LIKE TO SEE THE STUDY, THINKS COUNCIL NEEDS TO SEE WHAT THEY CAN DO ABOUT THE SEWER ISSUES, ALSO WANTED TO CONGRATULATED THE UNITED LADIES BASKETBALL TEAM, IT'S HIS UNDERSTANDING THAT 25-0 IS THEIR RECORD, IT'S HIS HOPE THAT THEY CAN KEEP IT UP AND MAKE IT ALL THE WAY COUNCILMEMBER JORDAN - COMMENTED ON THE ADOPTION OVER THE HOLIDAYS AT THE BEAUMONT ANIMAL CARE FACILITY, THERE WAS 77 PETS SAVED, STATED THAT THEY WERE OUT OF CATS, ALSO HAD THE PLEASURE OF HELPING COUNCILMEMBER SAMUEL AND HIS WIFE PICK OUT THEIR NEW PET, THE ADOPTION PRICE WAS Minutes — January 8, 2018 $20.19 IN HONOR OF THE NEW YEAR, ALSO COMMENTED ON THE PRACTICE OF CITIZENS CASTING OFF OLD TIRES, STATED'THAT THE CITY PICKS UP 1,750 TIRES THROUGHOUT THE CITY PER MONTH, THESE TIRES ARE THROWN ON VACANT LOTS AND OTHER PLACES AND IT MAKES THE CITY LOOK HORRIBLE, STATED THAT SHE DOESN'T KNOW HOW THIS PROBLEM CAN BE SOLVED, ALSO COMMENTED ON THE CITY BEING A LEGACY CITY, IN WHICH CHRIS 'BOONE DID A WORKSHOP_, WITH COUNCIL A FEW MONTHS AGO, WOULD LIKE TO SEE THE CITY GET INTO THIS PROJECT, THE CITY IS DROWNING WITH DILAPIDATED STRUCTURES, WOULD LIKE TO SEE THE CITY MAKE THIS LEGACY CITY HAPPEN AND NOT JUST TALK ABOUT IT, THANKED DR. MAJDALANI FOR VISITING WITH SOME RESIDENTS IN THE 2500 BLOCK OF ASHLEY, THEY HAVE BEEN DEALING WITH A LOT OF WATER ON THEIR STREET, THE MEETING WAS GREATLY APPRECIATED, ALSO INFORMED CITIZENS THAT THEY NEED TO REMEMBER THAT THEY ARE RESPONSIBLE FOR THE MAINTENANCE OF THEIR DITCHES, IF YOU WANT TO FLOOD LEAVE IT AS IS, IF YOU DON'T WANT TO FLOOD THEN PLEASE MAINTAIN THE DITCHES BY REMOVING TRASH AND DEBRIS, IF THE DITCH IS DEEPER THAN FOUR FEET THEN THE CITY WOULD NEED TO BE CONTACTED CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - MADE COMMENTS REGARDING DILAPIDATED STRUCTURES AND TIRES THAT ARE DUMPED ON A VACANT LOTS, ALSO COMMENTED ABOUT THE ASSESSMENT OF STREETS, ALSO COMMENTED THAT IF IT'S REPORTED THROUGH' THE NEWS MEDIA REGARDING FLOODING OR HEAVY RAIN ETC., THAT THE CITY COULD GET THE INFORMATION COMMUNICATED THROUGH THE EMERGENCY MANAGEMENT OFFICE TO THE CITIZENS TO MAKE SURE THAT THEY HAVE THE CORRECT INFORMATION AND THEY WON'T GET OVERLY WORRIED IF THEY KNOW WHAT'S GOING, ON, ASKED THAT STAFF THINK MORE ABOUT COMMUNICATING WITH THE CITIZENS AS THEY MOVE FORWARD Mayor 'Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Council Recessed into Executive Session at 2:51 p.m. EXECUTIVE SESSION a Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: In Re: Liquid Aluminum Sulfate Antitrust Litigation; Civil Action Minutes — January 8, 2018 No.16-md-2687 Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: 555 Main Street Council reconvened at 4:48 p.m. 9. Consider a resolution authorizing the City Attorney to pursue the claim styled In Re: Liquid Aluminum Sulfate Antitrust Litigation; Civil Action No. 1 6-md-2687. The claim styled In Re: Liquid Aluminum Sulfate Antitrust Litigation; Civil Action No. 16-md- 2687, was presented and discussed in Executive Session held on January 8, 2019. The City Attorney is requesting authority to pursue the claim styled In Re: Liquid Aluminum Sulfate Antitrust Litigation; Civil Action No. 16-md-2687. Approval of resolution. Councilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY ATTORNEY BE AND HE IS HEREBY AUTHORIZED TO PURSUE THE CLAIM OF IN RE: LIQUID ALUMINUM SULFATE ANTITRUST LITIGATION; CIVIL ACTION NO. 16 -MD -2687 AND ACKNOWLEDGE AND RATIFY THE ENGAGING OF THE CONSULTING FIRM OF FINANCIAL RECOVERY STRATEGIES (FRS) TO ASSIST. Councilmember Jordan seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 19-011 there,being n� other business Council adjourned at 4:49 p.m. A l r Tina Broussard, City Clerk or Minutes — January 8, 2018