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MIN APR 16 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 APRIL 16, 2019 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 April 16, 2019, 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. 1-4/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Father Anthony P. Clark with St. Mark's Episcopal Church gave the invocation. MayorAmes 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 and Samuel. Absent: Councilmember Pate. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "National Safe Digging Month" - April 2019 - Proclamation read by Councilmember Jordan; accepted by Gary, Chalk, District Director with Centerpoint Energy and others "Older Americans Month" — May 2019 — Proclamation read by Mayor Ames; accepted by Elaine Shellenberger, Executive Director of Nutrition and Services for Seniors along with Mary Nixon, Robin Troy and Jennifer Pate 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 1-4/Consent Agenda None CONSENT AGENDA Approval of minutes —April 9, 2019 Minutes —April 16, 2019 Confirmation of committee appointments — None A) Authorize the City Manager to execute Change Order No. 1 to the contract for the Tyrrell Historical Library Staircase Repairs, Lath Plaster Restoration, and Painting Project located at 695 Pearl Street — Resolution 19-085 B) Authorize .the settlement of the lawsuit styled Larry Veal v. City of Beaumont; Cause No. B- 190,049 — Resolution 19-086 Councilmember Jordan moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS Consider an ordinance denying the Entergy Texas, Inc. application for Distribution Cost Recovery Factor rate increase on file with the City of Beaumont. By letter delivered on March 28, 2019, Entergy Texas, Inc. (ETI) filed an application with the City of Beaumont for authority to implement a Distribution Cost Recovery Factor (DCRF). Entergy has at the same time filed the application with the Public Utility Commission of Texas.(PUCT) covering its customers located outside the City's boundaries. A DCRF allows the electric utility to make adjustments to an existing rider based upon changes in its distribution investment capital. In its DCRF application, Entergy requests implementation of a rider that would collect approximately $3.2 million in additional annual revenue to cover increased distribution expenses it has incurred since its last base rate case. Residential customers would be charged approximately $2 million or 62% of the requested increase, which amounts to approximately $0.34 per month for an average residential customer using 1000 kWh per month. The DCRF request follows a different process than the typical base rate case where the City has an opportunity to suspend the request to allow for an opportunity to analyze the request. With the DCRF, the City has 60 (sixty) days from the filing date to approve, modify, or deny the request. The Cities' retained utilities attorney and rate consultants have preliminarily analyzed this request and are recommending denial of the application. Denial is recommended at this time to allow an opportunity for review to substantiate whether the company has properly calculated its proposed DCRF revenue requirements, class billing determinants, and resulting rates. The denial of the application by the Cities would allow for an appeal to the Public Utility Commission of Texas for a full review and ultimate resolution. The reasonable expenses associated with rate cases are reimbursable by the company as provided for in the Public Utility Regulatory Act. Minutes —April 16, 2019 Approval of the ordinance. Mayor Pro Tern Mouton moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE BY THE CITY OF BEAUMONT, TEXAS ("CITY") DENYING THE DISTRIBUTION COST RECOVERY FACTOR RATE INCREASE REQUEST OF ENTERGY TEXAS, INC., FILED ON MARCH 28, 2019; SETTING JUST AND REASONABLE RATES FOR ENTERGY TEXAS, INC., FOR SERVICE WITHIN THE MUNICIPAL LIMITS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS. Councilmember Jordan seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 19-019 2. Consider amending Section 20.03:003 of the Code of Ordinances related to the speed limit on two (2) sections of Concord Road. Residents have requested an evaluation of the speed limit on Concord Road between State Highway 105 and the Eastex frontage road. The speed at which 85 percent of all vehicles are observed travelling under free -flowing conditions is called the 85th percentile speed. This is used by transportation engineers as a guide to set speed limits, since a majority of people travel at a speed that they feel comfortable at, rather than the posted speed limit. A recent traffic study was conducted in the 7300 block of Concord Road on March 20, 2019. The data resulted in an 85th percentile speed of 27 mph, with 78 percent of vehicles travelling between 18 and 28 mph. The suggested speed limit for this narrow, residential road is 30 mph. The Engineering Division also suggests that.the southernmost section of Concord Road, between Gulf Street and Plum Avenue be reduced to 35 mph to provide continuity along the roadway. It is recommended that the speed limit and speed zone boundary change for Concord Road by amending the speed limits for Concord Road under the schedule of Chapter 20 Section 20.03.003 to read as follows: Direction of Speed In Miles Per Street Limits of Zones Travel Hour Max Min Concord (a) From the centerline of Gulf Street to the North and 35 Road centerline of S.H. 105 (Sour Lake Road). South (b) From the centerline of S.H. 105 (Sour 30 Lake Road) to a point 250 feet east of the North and centerline of Eastex east frontage road. South Approval of the ordinance. Minutes -April 16, 2019 Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 20, SECTION 20.03.003 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS BY CHANGING AND AMENDING SPEED LIMITS AND SPEED ZONE BOUNDARIES TO THE SCHEDULE FOR TWO (2) SECTIONS OF CONCORD ROAD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Jordan seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 19-020 3. Consider amending Section 20.03.004 of the Code of Ordinances related to School Zones. Recently staff received a request from Legacy Christian Academy to modify the school zone times to fit the starting and ending times of their school days. The current ordinance states the school zone is in operation from 7:00 — 8:05 AM and from 2:55 — 3:40 PM. The new times will be from 7:20 — 8:30 AM and 2:30 — 3:40 PM. Also, a request was received to extend the physical boundaries of the Sallie Curtis school zone on Peyton Drive. After analysis, staff recommends the zone be modified from "From a point 50 feet south of the centerline of Wynden Way to the centerline of North Circuit Drive" to "From a point 70 feet south of the centerline of Parson Drive to the centerline of North Circuit Drive. Times for this school zone would remain the same. Approval of the ordinance. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 20, SECTION 20.03.004 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS BY CHANGING AND AMENDING SCHOOL ZONE TIMES FOR LEGACY CHRISTIAN ACADEMY AND BY CHANGING AND AMENDING SCHOOL ZONE BOUNDARIES FOR SALLIE CURTIS ELEMENTARY SCHOOL ON PEYTON DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Jordan seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 19-021 PUBLIC HEARING Receive comments related to the Community Development Block Grant - Disaster Recovery (CDBG-DR) Program and the Buy-out/Acquisition of properties within flood zone AE that were flooded during Hurricane Harvey Minutes —April 16, 2019 Public Hearing Open: 1:52 p.m. None Public Hearing Close: 1:52 p.m. COMMENTS Public Comments (Persons are limited to three minutes) Rosa Guidry 1250 Cartwright Beaumont TX Commended the Police Department and the courageous job they do, stated that lately there has been a lack of police visibility in her neighborhood, complained about her neighbor that lives across the street from her, stated that the residents are partying and discharging a firearm, this happens at 3:00 or 4:00 a.m., in the morning, the neighbor does this all during the week and the noise keeps her up at night, stated that she has called the police, it took over an hour for the police to. show up, when the cruiser came they -only passed by the residence the officer never stopped, asked that there be more police visibility David Pete 6355 Chinn Ln. Beaumont TX Spoke regarding the L.L. Melton, stated that there is so much being said about the facility and nothing being done, there needs to be to a vote on the facility, it needs to be placed on the agenda and Council needs to take a vote as soon as possible, the longer it lingers the longer the community stays divided, commented on the streets and the what was spent, asked that Council be more transparent when dealing with City issues Steve Hoffman 7045 Blarney St. Beaumont TX Stated that the area he lives in had a rough week, mentioned an event that would be taking place on Friday, April 19, 2019, at 7:00 p.m., at Rogers Park, there will be a balloon release by the Wilson family, invited all of Council and the public to come out and attend, encouraged all citizens to attend the TxDOT meeting on tonight at the Beaumont Civic Center Dolores Davis 2275 Evalon St. Beaumont TX Spoke to Council regarding the homeless, stated that the problem hasn't been solved, there's talk about it but no action, something needs to be done, talking has to stop, stated that the homelessness is a City problem, everyone that is homeless belongs to the community and to the City, if one person is homeless that's one to many Lafayette Spivey 6010 Chandler Dr. Beaumont TX Commented on the City elections, stated that the election will have consequences, tired of the things that are going on in the City that has affected certain areas, if something comes up he expects Council to fight for it, stated that they will change the City Council, very upset about the Melton facility, it's sad that the City would let someone from out of town come in and take over the facility Minutes —April 16, 2019 Marinette Parkerson 8705 Washington Blvd. Beaumont TX Spoke to Council regarding the homeless and the children that are also having problems of being homeless, as a City we will have to come together and build a place for the homeless to go, it's an issue that must be addressed Donald Porter 5020 Avie Ln. Beaumont TX Spoke to Council regarding the issue that he's been dealing with in the fraud case that he was involved with, stated that his constitutional rights are being denied and doesn't think it's right, he's not receiving the information in writing that he wants, asked that the City Council give him what he wants in writing,'justice will be done and he will take this to the news and point out the injustice of what he's been going through as a tax payer and senior citizen Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER JORDAN - ANNOUNCED THE ART FEST ALONG CALDER ON SATURDAY, APRIL 27, 2019, FROM 10:00 A.M. TO 2:00 P.M., THERE WILL BE LOTS OF VENDORS, ENCOURAGED EVERYONE TO COME OUT AND HAVE A- GOOD TIME, COMMENTED ON THE WONDERFUL EVENING SHE HAD WITH THE 100 BLACK MEN ON FRIDAY, APRIL 12, 2019, THERE WERE TESTIMONIES GIVEN BY STUDENTS THAT WERE EXCELLING BEYOND WORDS IN THEIR COLLEGE CURRICULUM, IT WAS A TREMENDOUS EVENING GLAD SHE COULD BE A PART OF IT COUNCILMEMBER GETZ - GAVE CONDOLENCES TO THE WILSON FAMILY, ALSO MADE COMMENTS REGARDING ANTHONY WILSON, CONGRATULATED THE BEAUMONT POLICE DEPARTMENT ON THE EXCELLENT JOB THEY DID TO APPREHEND THOSE RESPONSIBLE FOR THE SENSELESS CRIME AGAINST ANTHONY, ANNOUNCED THAT THE DOWLENIWEST NEIGHBORHOOD ASSOCIATION MEETING WILL BE CANCELLED DUE TO THE TXDOT MEETING THAT WILL TAKE PLACE TONIGHT AT THE BEAUMONT CIVIC CENTER, MENTIONED THE SEA SCOUT ORGANIZATION, ENCOURAGED ALL YOUNG PEOPLE THAT ARE ELIGIBLE TO SUBMIT AN APPLICATION AS SOON AS POSSIBLE COUNCILMEMBER SAM - GAVE CONDOLENCES TO THE WILSON FAMILY, MENTIONED THE WARD IV GREATER SOUTH PARK NEIGHBORHOOD ASSOCIATION MEETING HE ATTENDED ON LAST WEDNESDAY COUNCILMEMBER PATE - ABSENT COUNCILMEMBER SAMUEL - STATED THAT HE HAD AN OPPORTUNITY TO GO BY THE LAKESIDE CENTER AND ADDRESS SOME OF THE ISSUES THAT WERE RAISED, EVERYTHING THAT WAS OFFERED AT THE BEST YEARS CENTER IS BEING OFFERED AT THE LAKESIDE CENTER, Minutes -April 16, 2019 THEY HAVE ALSO ADDED ZUMBA CLASSES, COMMENTED ON THE L.L. MELTON CENTER, THE ISSUE ISN'T OVER, ASSURED CITIZENS THAT COUNCIL WILL MAKE A DECISION AS SOON AS THEY ARE DONE WITH THE CONTRACTUAL ISSUES, STATED THAT HE WILL BE ASKING FOR A WORKSHOP OR SPECIAL MEETING REGARDING THE OLDER AREAS OF THE CITY THAT HAS ISSUES WITH THE STREET INFRASTRUCTURE, WATER AND SEWER AS WELL AS VACANT LOTS, SINCE ALL OF THESE ISSUES CAN'T BE ADDRESSED AT ONE TIME HE WOULD LIKE TO HAVE A WORKSHOP, ASKED IF HE CAN GET SEVERAL COUNCILMEMBERS THAT WOULD AGREE TO THE WORKSHOP SO THAT COUNCIL COULD DISCUSS DESIGNATING CERTAIN AREAS AS SPECIAL NEEDS AREAS, COMMENTED ON A CONTRACT THAT CAME TO AN END, THE CONTRACT WAS SENT OUT FOR REBID, THE CONTRACTOR THAT HAD THE BID WASN'T GIVEN AN OPPORTUNITY TO REBID, DOESN'T THINK THIS IS RIGHT AND THINKS SOMETHING SHOULD BE DONE MAYOR PRO TEM MOUTON - GAVE CONDOLENCES TO THE WILSON AND THIBODEAUX FAMILIES, MENTIONED THE FIRE IN PARIS, ASKED EVERYONE TO KEEP THEM IN THEIR PRAYERS, THANKED MS. ROSA GUIDRY FOR EXPRESSING HER CONCERNS TO COUNCIL, THANKED MR. STEVE HOFFMAN FORATTENDING THE WARD IV GREATER SOUTH PARK NEIGHBORHOOD ASSOCIATION MEETING AND SHARING INFORMATION ON THE NEXT DOORAPP, MADE COMMENTS REGARDING THE LAKESIDE CENTER AND ADDITIONAL POOLS TABLES, WISHED EVERYONE A HAPPY EASTER CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - GAVE CONDOLENCES TO ALL THE FAMILIES THAT SUFFERED A LOSS THIS PAST WEEK, COMMENTED ON EXXONMOBIL'S FIRST CRUDE REFINERY THAT WILL BE BUILT IN BEAUMONT, MENTIONED HER ATTENDANCE AT LAMAR UNIVERSITY'S "BIG EVENT", AS WELL AS AN INTERNATIONAL CULTURAL FESTIVAL THAT TOOK PLACE ON LAST WEEK AT LAMAR UNIVERSITY, CONGRATULATED THE SHORKEY CENTER, THEY HAD A RIBBON CUTTING FOR THEIR NEW GYM, Council recessed into Executive Session at 2:48 p.m. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Christine H. Mickles v. City of Beaumont, Texas; Cause No. 197,926 Minutes —April 16, 2019 Interflow Factors Corporation v. Valory Barnett, Individually and d/b/a PCLC Landscape Management and the City of Beaumont, Texas; Cause No. 0130641 Council reconvened into Open Session at 4:00 p.m. GENERAL BUSINESS 4. Consider a resolution approving contracts for grounds maintenance and litter removal at City Parks and Triangles. This contract is divided into four sections and provides for grounds maintenance and litter removal for neighborhood parks and street triangles throughout the City. The contract is for one year with the option of two extensions of one year each with no increase in pricing allowed. The contract provides for mowing, trimming, trash removal, landscaping and other functions. Maintenance takes place on a weekly basis during growing season and bi-weekly during non -growing season for the parks and bi-weekly and monthly for the triangles. Garden of Gethsemane Nursery and Landscaping holds the current contract for all four sections and is the lowest qualified bidder on all four sections; however, they only want to contract for sections ll, III and IV for an annual cost of $288,444. Yardboy Lawncare Service is the next lowest qualified bidder for Section I with a total annual cost of $159,930. Funds will come from the General Fund. Approval of a resolution authorizing a contract with Garden of Gethsemane and Landscaping and with Yardboy Lawncare Service. Councilmember Jordan moved tO APPROVE A RESOLUTION THAT THE BIDS SUBMITTED BY YARDBOY LAWNCARE SERVICES, OF BEAUMONT, TEXAS, FOR SECTION I PROPERTIES IN AN ESTIMATED AMOUNT OF $159,930.00, AND BY GARDEN OF GETHSEMANE NURSERY AND LANDSCAPING, OF BEAUMONT, TEXAS, FOR SECTIONS II, III AND IV PROPERTIES FORAN ESTIMATED AMOUNT OF $288,444.00, FOR A ONE (1 ) YEAR CONTRACT WITH ANNUAL RENEWAL OPTIONS NOT TO EXCEED TWO (2) RENEWALS AT THE SAME PRICING AS THE AWARDED CONTRACT FOR GROUNDS MAINTENANCE AND LITTER REMOVAL FOR CITY PARKS AND STREET TRIANGLES AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CONTRACTS WITH YARDBOY LAWNCARE SERVICES, OF BEAUMONT, TEXAS, AND GARDEN OF GETHSEMANE NURSERY AND LANDSCAPING, OF BEAUMONT, TEXAS. Mayor Pro Tern Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, AND SAMUEL NAYS: NONE ABSTAIN: COUNCILMEMBER SAM MOTION PASSED Resolution 19-087 Minutes —April 16, 2019 other business to come before Council, the meeting adjourned at 4:05 p.m. Cle Minutes —April 16, 2019