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MIN FEB 26 2019BEAUMONT 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 FEBRUARY 26, 2019 Robin Mouton, Mayor Pro Tem 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 February 26, 2019, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: ) �e' ► ► r 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. Pastor James D. "Big Jim" Salles with West End 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 Mouton, Councilmembers Jordan, Getz, Sam and Samuel. Absent: Councilmember Pate. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "Career and Technical Education Month" - February, 2019 - Proclamation read by Mayor Pro Tem Mouton; accepted by Dr. Donna Prudhomme, Director of Career and Technical Education with BISD "American Valve and Hydrant Day" - March 3, 2019 - Proclamation read by Councilmember Samuel; accepted by Tim Sudella, President of American Valve and Hydrant and others Public Comment: Persons may speak on scheduled agenda items 173/Consent Agenda None CONSENT AGENDA * Approval of minutes — February 19, 2019 Minutes — February 26, 2019 Confirmation of committee appointments — None A) Authorize the City Manager to renew a loan agreement with the National Museum of the United States Air Force — Resolution 19-038 B) Authorize the City Manager, or his designee, to execute all documents necessary for an agreement with the Department of Veteran Affairs — Resolution -19-039 C) Authorize the granting of a Utility Crossing Agreement with ExxonMobil Oil Corporation — Resolution 19-040 D) Authorize, the settlement of the lawsuit styled Luis Cruz Urbina vs. John Doe and City of Beaumont; Cause No. E-201,869 — Resolution 19-041 E) Authorize the settlement of the lawsuits tyled James Cotton vs. Shawn Anthony Hunt, et al; Cause No. E-201,435 — Resolution 19-042 F) Authorize the City Manager to apply for and receive funding through the Department of Homeland Security Grant Program — Resolution 19-043 Councilmember Samuel moved to approve the Consent Agenda. Councilmember Jordan seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS Consider authorizing the City Manager to execute a Joint Election Agreement between the City of Beaumont, the Beaumont Independent School District and the Port of Beaumont for the General Election to be held on May 4, 2019. This joint Election Agreement between the City of Beaumont, Beaumont Independent School District and the Port of.Beaumont is in accordance with the provisions of the Texas Election Code. The City, the District and the Port will share election equipment, ballots, judges and other facilities for the election secured by the City, the District and the Port. The parties to this agreement desire that the respective general elections of the entities shall be held jointly for reasons of cost efficiency and convenience for the voters of the entities. The City Clerk will serve as administrator for the election; however, each participating authority remains responsible for the lawful conduct of their respective elections. Approval of resolution. Mayor Pro Tem Mouton moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A JOINT ELECTION SERVICES AGREEMENT WITH THE BEAUMONT INDEPENDENT SCHOOL DISTRICT AND THE PORT OF BEAUMONT FOR THE CITY OF BEAUMONT GENERAL Minutes — February 26, 2019 ELECTION BEING HELD JOINTLY WITH THE CITY OF BEAUMONT, THE BEAUMONT INDEPENDENT SCHOOL DISTRICT AND THE PORT OF BEAUMONT. Councilmember Jordan seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM AND SAMUEL NAYS: NONE MOTION PASSED Resolution 19-044 Councilmember Samuel requested that Item #2 be discussed after Councilmember Comments so that he may have time to review several documents that he received regarding the item. Council agreed to take up Item #2 after Councilmember Comments. 3. Consider a resolution authorizing the City Manager to accept maintenance and authorize a final payment to McInnis Construction, Inc., for Fire Station No. 1. On September 27, 2016, by Resolution No. 16-188, City Council awarded McInnis Construction, Inc., of Silsbee the contract for the new Beaumont Fire Station No. 1 in the amount of $7,409,783.00. The project has been inspected by the Architect and Facilities Maintenance Department 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 $373,588.16 is recommended. Funds will come from the Capital Program. Approval of resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO MAKE FINAL PAYMENT IN THE AMOUNT OF'$373,588.16 TO MCINNIS CONSTRUCTION, INC., OF SILSBEE, TEXAS. Mayor Pro Tem Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUN,CILMEMBERS JORDAN, GETZ, SAM AND SAMUEL NAYS: NONE MOTION PASSED Resolution 19-046 WORK SESSIONS * Receive an informational report from the Police Department James Singletary, Police Chief and Jim Clay, Assistant Police Chief gave a report on the City of Beaumont Police Department. Chief Singletary discussed the violent crimes for January Minutes — February 26, 2019 2019, stated that there was one (1) murder in FY 2018 and none in FY 2019, negative homicides, three (3) rapes in 2019, thirteen (13) robberies and sixty-six (66) aggravated assaults, which totaled eighty-two (82) violent crimes for 2019 to date. The Chief discussed property crimes for 2019, there has been seventy-three (73) burglaries, two hundred and seventy-seven (277) thefts and thirty-two (32) auto thefts with a total of three hundred and eighty-two (382) total property crimes. Police activity in the Patrol Division, there has been 15,474 calls for service, 3,348 traffic contacts, 738 vehicle crashes, 890 reports taken and 651 arrests. The Criminal Investigation Division has assigned 788 cases, cleared 478 cases, 57 cases unfounded and 14 search warrants. Assistant Chief Jim Clay discussed the Police Departments upcoming programs which is the Police Mentoring Program where the Police Department will partnership with IEA and Lamar University. The Police Department will work with Lamar University's Social Work Department where students will be developing program ideas to be presented to Police Staff. There was discussion of upcoming Police recruiting, there is a new recruiting guide that has been done, the eligibility for Police cadets has been expanded to thirty (30) hours of college credit or twenty-four (24) months of active military duty and three (3) years continuous work history. * Review and discuss the Riverfront Park Shoreline Restoration Project Dr. Joe Majdalani, Public Works Director reviewed and discussed the Riverfront Park Shoreline Restoration Project. Dr. Majdalani discussed two options with cost estimates, Option 1 is to install bulkheads in locations required to restore park shoreline to pre -Harvey configuration, the land will be reclaimed, total estimated cost $34,583,300.00. Option 2 is to install bulkhead in -shore with toe -wall and rip -rap upstream in order to reduce overall cost, reduce the amount of usable park space, total estimated cost $23,340,740.00. Review and discuss planned improvements within the City's Water System Dr. Joe Majdalani, Public Works Director and Richard Weatherly with Freese and Nichols reviewed and discussed 'planned improvements within the City's Water System. Mr. Weatherly discussed the project background and the evaluation of improvements which are the existing Lawson's raw water system, the existing Pine Street SWTP, the existing Loeb groundwater system and the future West Side SWTP as well as funding updates. There was also discussion that there would be an evaluation and a need to prioritize the City's major water system improvements to all of the existing water treatment facilities. Mr. Weatherly discussed the existing Lawson's raw water system regarding the pump station which was flooded during Hurricane Harvey and was unable to pump to full capacity after Harvey, he also discussed the raw water line and the condition that was unknown due to the difficult location in the canal and the capacity limited to 30 MGD. Recommendation's were made regarding the Lawson's system in a Phase I solution which would be to elevate the electrical building, elevate the generator and add a fuel storage tank, estimated cost $3,000,000.00. Phase II solution for the Lawson system would be, a new pump station, a tunnel connecting the old and the new pump station, estimated cost $22,000,000. Recommendations regarding the raw water line, it was recommended to add a new 42 -inch water line along Pine Street to surface the water treatment plant, estimated cost $37,000,000. Recommendations regarding the Pine Street SWTP project was, electrical building flood protection, expand chemical storage capacity and chemical feed system improvement, estimated cost $1,160,000. The existing Loeb groundwater facility Phase I, solutions are to elevate the electrical building, elevate the generator and chemical building improvements, estimated cost $3,500,000. There was discussion regarding the Loeb Minutes — February 26, 2019 groundwater system Phase II with an estimated cost of $45,457,000, requirements to replace the Loeb GW System with an estimated cost of $54,902,000. i The future 10 MGD West Side SWTP, will be a new source of water because, the LNVA Canal was not impacted by Hurricane Harvey, it's out of the flood zone, it will increase reliability and resiliency, enhance the water system quality and pressures and it will also be an energy savings. The total estimated cost of the future West Side SWTP will be $62,000,000. COMMENTS Public Comments (Persons are limited to three minutes) Marshall Scott 1490 Edwin Beaumont TX Stated that there is a problem, the Chief of Police, the Mayor, City Attorney and the City Manager all need new jobs, they have all been around too long, new leaders are needed for each of those positions, commented on trees that have been.put up on Fannett Rd., stated the trees are blocking the view for those that are coming off the side roads, stated that the kids are walking in the street because there are no sidewalks, the kids need sidewalks because it's dangerous for them to walk in the street, asked why the City is spending money on other things but won't fix their streets, the streets need to be repaired David Pete 6355 Chinn Ln. Beaumont TX Stated that it's not a good day in Beaumont, after the Work Session that he just listened to, can't believe that Council has entertained some of the things that were presented and actually considering them when the City has had issues for years, stated that the water pump on Pine St., has been the way that it is for years, even before the storm and now Council is acting like this is something new, commented on the issue that he has, reported on before on the access road on 1 10 North across from Chinn Rd., stated that it's pitch dark and very dangerous, people have been killed there and still nothing has been done, on Regent and MLK, there's kids in that area and cars are driving 50 to 60 mph, asked that Council not be reactive but proactive, there has been nothing said about the kids, there's nothing in this City for kids to do, mentioned the L.L. Melton YMCA, asked that Council make sure they serve the entire community and not just one part Landry Rountree 1565 S. Major Dr. Beaumont TX Congratulated his third daughter who just graduated as an RN, and his oldest daughterwho is getting married, thanked Councilmember Getz for funding the emblem on the City vehicles that state "In God we Trust", stated that our Heavenly Father is guiding all of us Stephen Hoffman 7045 Blarney St. Beaumont TX Commented on the site "Next Door", stated that if someone is trying to sell a house "Next Door" discloses that the homeowner is having sewer issues which will make it harder for them to sell their home, it will also impact whether people would want to move to Beaumont, the sewer issue needs to be addressed, it seems that Council is working hard but it needs to be a little bit higher on the list, read a letter to Mr. Hayes that was forwarded by one of the neighbors Minutes — February 26, 2019 Deloris_Davis 2275 Evalon St. Beaumont TX Spoke to Council regarding the homeless that reside under the bridge at 1 10 and MLK, stated that the women and men that are homeless are using the restroom in the bushes that have been planted under the underpass, it's also filled with clothes that people are bringing to them, when she visited with them over the weekend she asked that they please try and clean up the area, there are people that are dying out there, stated to Councilmember Jordan that she appreciated her mentioning that the homeless need help George Lelux 110 & MLK Beaumont TX Stated that he's homeless and has been for a while, his wife died under that bridge, his brother got killed out on the street, the Salvation Army will give a homeless person maybe three days to stay and then will charge $10.00 a night, there's women that live under that bridge, how can the Salvation Army turn a woman away who could possible be raped or beaten, asked that someone let the men work on some of the dilapidated structures and make that their homes so that they will have a place to live Dayna Rothenburger 3890 E. Lynwood Dr. Beaumont TX Stated that there has been 738 vehicle crashes in the month of January, stated that the streets are crazy and she rides a bicycle, noticed that there are beautiful bus stops going up all over the City, asked if anyone has tried to ride the City buses lately, wanted to know how does someone find a schedule, stated that there isn't even a clock at the area downtown, also stated that there needs to be bike racks on the buses which is very inexpensive Tony Renfro 6110 Bankston Ln. Beaumont TX Asked for clarification. on the date for putting out campaign signs, the reason forthe question is that he has seen particular campaign signs posted all over the City Donald Porter 5020 Avie Ln. Beaumont TX Stated that he's at Council once again to represent the veterans and senior citizens for the injustice here in Beaumont, he called the Jefferson County -Bar Association, there's one attorney who will take his Civil Case against the City, stated .that the Beaumont Police Department and the District Attorney can operate at their own discretion, they aren't following the law, his constitutional rights have been violated, all they have to do is follow the money Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS MAYOR PRO TEM MOUTON - STATED THAT CITIZENS HAVE BEEN ALLOWED TO COME UP AND SPEAK ABOUT WHATEVER THEY WOULD LIKE TO SPEAK ABOUT, THE COUNCIL CAN'T RESPOND BECAUSE IT'S NOT A POSTED ITEM, THE COUNCIL IS ACCUSED OF A LOT OF THINGS THAT THEY DON'T DO, RESPECTS ALL VETERANS, RESPECTS THE FACT THAT THEY HAVE PUT THEIR LIVES ON THE LINE TO PROTECT THE CONSTITUTION, TO PROTECT THE CITIZENS OF THE UNITED STATES OF AMERICA, HAVE GONE INTO BATTLE, Minutes — February 26, 2019 SOME DIDN'T RETURN, WHEN YOU HAVE A PERSON THAT HAS A PERSONAL SITUATION OR ANY SITUATION COUNCIL CANNOT MAKE COMMENTS TO THOSE PERSONAL SITUATION, GAVE CONDOLENCES TO PASTOR BARBARA EVANS ON THE LOSS OF HER MOTHER AND TO THE FAMILY OF AURORA EDWARDS COUNCILMEMBER SAMUEL - STATED THAT BLACK HISTORY MONTH IS COMING TOWARDS AN END, CONGRATULATED THE 6154 BRANCH OF THE NAACP ON THEIR 100TH ANNIVERSARY, THIS IS AN ORGANIZATION THAT'S NOT JUST FOR BLACK PEOPLE BUT FOR ALL PEOPLE COUNCILMEMBER PATE - ABSENT COUNCILMEMBER SAM - CONGRATULATED THE NAACP ON THEIR 1 OOTH ANNIVERSARY, ATTENDED A HEALTH FAIR OVER THE WEEKEND AT MLK MIDDLE SCHOOL, STATED IT WAS A FANTASTIC TURNOUT, ATTENDED THE BLACK BUSINESS EXPO, ASKED THAT THEY CONTINUE TO DO WHAT THEY ARE DOING, THANKED THE PRINCIPAL OF BLANCHETTE ELEMENTARY SCHOOL AS WELL AS DAVID MOORE FOR SPONSORING THE READING PROGRAM, THEY HAD A KICK OFF TO SEE WHO COULD READ THE MOST BOOKS, COMMENTED ON THE HIDDEN VALLEY NEIGHBORHOOD ASSOCIATION THAT HE AND COUNCILMEMBER JORDAN ATTENDED ON MONDAY, FEBRUARY 25, 2019 COUNCILMEMBER GETZ - ANNOUNCED THAT ON MARCH 2, 2019, THERE WILL BE A FRENCH HIGH SCHOOL MASS REUNION AT THE WILLIE RAY SMITH SCHOOL WHICH WAS FORMERLY FRENCH HIGH SCHOOL, THERE WILL BE A LOT OF ACTIVITIES, MUSIC, BAND, CAR SHOW ETC., ATTENDED THE WEST CHASE HOMEOWNERS ASSOCIATION, THEY ARE IN NEED OF A TRAFFIC LIGHT AT THE INTERSECTION OF MAJOR AND VILLAGE, RESIDENTS ARE HAVING A HARD TIME TRYING TO TURN NORTH DUE TO THE HEAVY TRAFFIC, IT'S HIS UNDERSTANDING THAT TXDOT HAS ALREADY GIVEN THEIR BLESSINGS TO THE CITY TO MOVE FORWARD ON THIS, IF THAT'S INCORRECT ASKED THAT HE BE INFORMED, COMMENTED ON THE TRAFFIC LIGHTS BEING REMOVED FROM DOWNTOWN, HAS NOTICE THAT WHERE THERE ARE STOP SIGNS THAT SOME CONSIDERATION BE GIVEN TO PUT, SOME FLASHING LIGHTS AROUND THE STOP SIGNS SO THAT PEOPLE CAN SEE THAT THERE IS NOW A STOP SIGN INSTEAD OF A RED LIGHT, THERE HAS BEEN TALK ABOUT A DOG PARK AT ROGERS PARK, ASKED THAT THERE BE SOME CONSIDERATION AS TO USING SOME OF THE GROUNDS AT ROGERS PARK TO CREATE A DOG PARK COUNCILMEMBER JORDAN - SPOKE REGARDING THE HOMELESS SITUATION THAT A CITIZEN COMMENTED ON EARLIER, STATED THAT THE LAND UNDER 110 AT MLK IS OWNED BY TXDOT, THERE'S NOTHING THAT THE CITY CAN DO WITHOUT GETTING INTO A TREMENDOUS AMOUNT Minutes — February 26, 2019 OF LEGAL TROUBLE AS SHE UNDERSTANDS IT, IN REGARDS TO THE SALVATION ARMY, THERE WERE SOME SAD REMARKS MADE ABOUT THE SALVATION ARMY, IT WAS STATED THAT THE SALVATION ARMY IS. REFUSING FOLKS A GOOD NIGHT STAY, STATED THAT SHE BELIEVES THAT TO BE FALSE, THE NEW CAPTAIN, DONNIE MARVELS IS RUNNING AN OPERATION THAT YOU DON'T NEED THE $7.00 OR $10.00 TO STAY NIGHTLY, WHAT HE IS DOING IS LETTING THEM SLEEP THERE, HE PUTS THEM TO WORK CLEANING THE RESTROOMS, THE KITCHEN ETC., FOR A PLACE TO STAY AND THEY HAVE TO PASS A DRUG TEST, APPRECIATES THE JOB THAT CAPTAIN MARVELS IS DOING FOR THE CITY CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - NONE 2. Consider a resolution acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits or private activity bonds and authorizes the developer to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for a proposed Housing Tax Credit (HTC) project known as Laurel Vista, located at the northwest corner of Veterans .Circle and offering expressed support for the project and a Commitment of Development Funding by the City. Herman & 'Kittle Properties, Inc. has applied to the Texas Department of Housing and Community Affairs (TDHCA) for funding to develop Laurel Vista, a proposed seventy-seven (77) unit housing development, located at the northwest corner of Veterans Circle. Currently, Beaumont has more than twice the state average of housing units supported by Tax Credits or private activity bonds per capita. As such, additional subsidized units cannot be considered for this development by TDHCA unless the City acknowledges that Beaumont has more than twice the state average of subsidized housing units per capita and offers support for the project. In addition, applications that receive a Commitment of Development Funding in the amount of at. least $500, in the form of a loan, grant or reduced fees will receive additional consideration by TDHCA. During the discussion of this item at the February 26, 2019 meeting of the City Council, additional information concerning the number of affordable housing units for seniors and the level of demand for those units was requested. The estimated number of persons in Beaumont that are sixty-five (65) or older is 16,324 or 13.8% of the total population. Housing this population at Beaumont's average person per household rate of 2.48 would require 6,582 dwelling units. It is estimated that there are currently 1,284 subsidized, affordable multi -family dwelling units for seniors in Beaumont. With regard to measurable demand, Herman & Kittle has provided data showing that the occupancy rate of senior multi -family, tax credit projects in Beaumont is currently at 99%. Moreover, the Beaumont Housing Authority (BHA) has provided data showing that there are currently 1,319 elderly on their public housing waiting list that are sixty-two (62) or older and 1,646 on their waiting list that are between fifty-five (55) and sixty-two (62). In addition, there Minutes — February 26, 2019 are six hundred ninety-eight (698) elderly on BHA's Section 8 waiting list. However, this number is estimated to be low due to the fact that the Section 8 waiting list has been closed since 2016 due to demand. Based on this information, there appears to be sufficient demand for the proposed additional units. The Administration recommends offering a building fee waiver in the amount of $500. Approval of the resolution. Councilmember Jordan moved to APPROVE A RESOLUTION THAT THE CITY OF BEAUMONT HEREBY SUPPORTS THE PROPOSED NEW LAUREL VISTA DEVELOPMENT AND CONFIRMS THAT ITS GOVERNING BODY VOTES SPECIFICALLY TO APPROVE THE CONSTRUCTION OF THE DEVELOPMENT AND TO AUTHORIZE AN ALLOCATION OF HOUSING TAX CREDITS FOR THIS DEVELOPMENT PURSUANT TO TEX. GOVT CODE §2306.6703(A)(4). Councilmember Samuel seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS JORDAN, SAM AND SAMUEL NAYS: MAYOR PRO TEM MOUTON AND COUNCILMEMBER GETZ MOTION PASSED Resolution 19-045 there being po Executive Session Council adjourned at 4:09 p.m. Mavor IJA Deo Tina Broussard, City Clerk e, W Minutes —February 26, 2019