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MIN JUL 23 2019BEAUMONT T E X A S M I N U T E S- CITY OF BEAUMONT W.L. Pate, Jr., Mayor Pro Tem BECKY AMES, MAYOR Randy Feldschau, At -Large Taylor S. Neild, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel, Ward III JULY 23, 2019 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 in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on July 23, 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/Consent Agenda Consent Agenda MayorAmes called the council meeting to order at 1:30 p.m. Pastor Tommy Williams with Trinity United Methodist Church gave the invocation. Collin Amenden with Boy Scouts Troop #1971 led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tem Pate, Councilmembers Nield, Getz, Feldschau, Samuel and Mouton. Absent: Councilmember Samuel and Kyle Hayes, City Manager. Also present were Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions National Hospitality House Week" - July 22-26, 2019 - Proclamation read by Councilmember Mouton; accepted by Tresse Clarke, Executive Director Anayat House "Pioneering Women "Reigning Queens Day" - August 1, 2019 — Proclamation read by Mayor Ames; accepted by Morline Guillory President of Pioneering Women along with the members and the 2019 Honorees Public Comment: Persons may speak on scheduled agenda item No. 1/Consent Agenda None CONSENT AGENDA Approval of minutes - July 9, 2019 * Confirmation of board and commission member appointments — None Minutes — July 23, 2019 A) Approve a resolution rejecting a bid received for the Sewer Manhole Rehabilitation Work Order Contract— Phase III, (Rebid) —Resolution 19-145 C) Authorize the City Manager to execute Change Order No. 1, accept maintenance, and authorize final payment for the Sewer Manhole Rehabilitation Work Order Contract (Rebid) — Resolution 19-147 D) Approve a resolution accepting a payment or payments to resolve multiple weed/litter liens and waiving the interest accrued related to property at 1402 Maple — Resolution 19-148 E) Authorize the City Manager to sign a Memorandum of Understanding with the Humane Society of Utah — Resolution 19-149 F) Authorize the City Manager or his designee to execute a contract with TransUnion Risk and Alternative Data Solutions, Inc. — Resolution 19-150 G) Approve a contract with Jack Built Contractors, LLC for the construction of a ramp at the Julie Rogers Theatre — Resolution 19-151 H) Authorize the City Manager to submit a Letter of Intent and an Airport Project Participation Application to TxDOT Aviation for improvements at the Beaumont Municipal Airport — Resolution 19-152 Mayor, Pro Tem Pate moved to approve the Consent Agenda excluding Item B. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU AND MOUTON NAYS: NONE MOTION PASSED B) Authorize the City Manager to approve the final payment for the Tyrrell Historical Library Staircase Repairs, Lath Plaster Restoration, and Painting Project — Resolution 19-146 Councilmember Feldschau moved to approve Item B on the Consent Agenda. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS GETZ, FELDSCHAU AND MOUTON NAYS: NONE ABSTAIN: COUNCILMEMBER NEIL COUNCILMEMBER NEIL ABSTAINED FROM ACTING ON THIS MATTER MOTION PASSED Minutes — July 23, 2019 GENERAL BUSINESS Consider a resolution authorizing the City Manager to execute a contract with T Construction, LLC, of Houston for the Blossom Drive Area Pipe Bursting Contract. This project consists of the replacement of designated pipe segments by means of pipe bursting, as well as replacing manholes in the Blossom Drive area, South of Washington Boulevard. On July 11, 2019, three (3) bids were received for furnishing all labor, materials, equipment, and supplies for the project. The three (3) bids are indicated in the table below: Contractor Contractor Total Base Bid Allowance Total Award Location Amount T Construction, LLC Houston $430,986.00 $50,000.00 $480,986.00 PM Construction & Rehab, LLC dba IPR Pasadena $473,248.00 $50,000.00 $523,248.00 South Central Horseshoe La Porte $574,350.00 $50,000.00 $624,350.00 Construction, Inc. Engineer's Estimate $525,000.00 $50,000.00 $575,000.00 Water Utilities Administration recommends awarding the project to the lowest bidder, T Construction, LLC, in the amount of $480,986.00. A total of 275 calendar days are allocated for the completion of this project. Funds will come from the Capital Program. Approval of the resolution. Councilmember Mouton moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL APPROVES THE AWARD OF A CONTRACT TO T CONSTRUCTION LLC, OF HOUSTON, TEXAS, IN THE AMOUNT OF $480,986.00, FOR THE BLOSSOM DRIVE AREA PIPE BURSTING CONTRACT PROJECT, AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH T CONSTRUCTION, LLC, OF HOUSTON, TEXAS. Mayor Pro Tem Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS GETZ, FELDSCHAU AND MOUTON NAYS: COUNCILMEMBER NEILD MOTION PASSED Resolution 19-153 Minutes — July 23, 2019 COMMENTS Public Comments (Persons are limited to three minutes) Landry Roundtree 1565 S. Major Dr. Beaumont TX Shared lyrics of a song with Council, stated that his reason for sharing the lyrics was because at the last Council meeting a citizen stated that he felt like there were certain people in this City that were being silenced or censored, stated that he did agree with that citizen, he knows what it feels like to be silenced, stated that he did bring a list of examples and if anyone wants to speak with him in private he would be glad to do so Sheketa Haynes 3710 Magnolia #2702 Beaumont TX Spoke to Council regarding an incident that occurred on the City bus with her and a 4 year old that she has custody of, stated that she was threatened to be removed from the bus if she didn't keep the child quiet, there is a video of the incident, asked that each Councilmember review the video, the Transportation Department has refused to turn over the video to the news media Darryl L. Wilson 2540 Buchanan Beaumont TX Spoke to Council regarding the incident that occurred on the City bus, stated that more than one violation occurred on the bus, the Americans with Disability Act, Civil Rights Act and Constitutional Rights were violated, the child didn't deserve to be treated the way that he was, the bus driver needs to be reprimanded, would like to see something done regarding this matter Edward Petty 2795 Ave D. Beaumont TX Stated that earlier this year he came to Council and made a request regarding a portion of a street from Magnolia Ave to MLK on Gladys, at the end of the meeting he was instructed to speak with Public Works Director, Dr. Majdalani, during the conversation with Dr. Majdalani he was given a tentative window of when the project could be completed, he wanted to thank Dr. Majdalani, stated that the expectation he was given during that conversation has been exceeded, thanked Dr. Majdalani and anyone else that had a hand in the work and the paving of the street which was done properly Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - NONE COUNCILMEMBER GETZ - ASKED IF THERE IS A WAY THAT COUNCIL COULD SEE THE VIDEO THAT MS. HAYNES SPOKE OF EARLIER COUNCILMEMBER FELDSCHAU - NONE Minutes — July 23, 2019 MAYOR PRO TEM PATE - CONGRATULATED PIONEERING WOMEN ON A GREAT JOB THEY DO TO MAKE OUR COMMUNITY BETTER, COMPLIMENTED LENNY CABALLERO ON THE GREAT JOB THAT HE AND HIS STAFF ARE DOING, WAYNE NEWTON WILL BE COMING TO BEAUMONT THIS WEEKEND, THOSE ARE THE GREAT THINGS THAT LENNY IS WORKING ON, ALSO ENCOURAGED CITIZENS TO VISIT THE CITY'S WEB SITE AND CAT5 IF THEY WANT TO KNOW WHAT'S GOING ON IN BEAUMONT, GAVE CONDOLENCES TO THE FAMILY OF RALPH NIGHT, THOUGHTS AND PRAYERS GO OUT TO HIS FAMILY COUNCILMEMBER SAMUEL - ABSENT COUNCILMEMBER MOUTON - COMMENTED ON THE WEST BROOK STUDENT NOAH WASHINGTON AND THE OTHER THREE STUDENTS THAT WERE INJURED IN AN AUTO ACCIDENT ON BROOKS ROAD, STATED THAT NOAH IS IN A HOUSTON HOSPITAL, ON WEDNESDAY, JULY 24, 2019, JASON'S DELI'S ON DOWLEN RD. AND STAGG DR., WILL BE DOING A FUND RAISER, JASON'S WILL DONATE A PORTION OF THE PROCEEDS RAISED TO THE WASHINGTON FAMILY TO HELP WITH MEDICAL EXPENSES, ENCOURAGED ALL CITIZENS TO HELP WITH THE FUND RAISER, ANNOUNCED A LAMAR UNIVERSITY BASKETBALL PLAYER WHO WILL BE PLAYING IN FRANCE, CONGRATULATED THE PIONEERING WOMEN (LAVENDER LADIES), STATED THAT THE MAYOR, TINA BROUSSARD THE CITY CLERK AND HERSELF ARE LAVENDER LADIES, CONGRATULATED ALL OF THE 2019 HONOREES, GAVE CONDOLENCES TO THE FAMILIES OF PEGGY LIGON AND VIOLA BOUTTE, THANKED, THE MEMBERS AND THE BOARD OF HEBERT ALUMNI ASSOCIATION, HAD A VERY SUCCESSFUL MASS REUNION FOR FOUR DAYS AT THE ELEGANTE' HOTEL, STATED THAT THEY PAINTED THE CITY BLUE AND GOLD, THERE WAS 680 PARTICIPATES WHICH GENERATED A LOT OF MONEY FOR THE CITY, THANKED THE PRESIDENT CAROLYN GUIDRY, THE COUNTY CLERK AND THE ENTIRE BOARD FOR A JOB WELL DONE CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - ABSENT MAYOR AMES - THANKED COUNCILMEMBER MOUTON FOR BRINGING UP THE HEBERT ALUMNI ASSOCIATION MASS REUNION, ALSO SPOKE ABOUT THE ITEM ON THE CONSENT AGENDA REGARDING THE AGREEMENT WITH THE HUMANE SOCIETY OF UTAH, STATED THAT BEAUMONT IS NOW A NO KILL CITY, THE CITY NOW SHIPS ANIMALS TO OTHER STATES THAT WILL TAKE THEM AND GET THEM ADOPTED, IF ANYONE WANTS TO ADOPT A PET PLEASE VISIT THE CITY OF BEAUMONT's ANIMAL SHELTER, THANKED MS. HAYNES AND MR. WILSON, STATED THAT COUNCIL HEARD Minutes — July 23, 2019 THEM AND WILL TAKE A LOOK AT THE VIDEO, THANKED MR. PETTY FOR ATTENDING AS WELL, STATED THAT SHE WOULD NOT CALL THE REMARKS FROM CITIZENS ON TODAY SILENCING OR CENSORING ANYONE, DOESN'T HAVE A PROBLEM WITH COMPLAINTS OR WITH CITIZENS HAVING AN ISSUE WITH WHAT COUNCIL DOES, SHE TAKES THE OATH THAT SHE TOOK VERY SERIOUSLY, STATED THAT COUNCIL IS LISTENING AND ALWAYS WILL being no F4ecutive Session, Council adjourned at 2:19 p.m. �e1 1B ky Ame - , a r �r 47 Tina Broussard, City Clerk 0� Minutes —July 23, 2019 ABSTENTION AFFIDAVIT THE STATE OF TEXAS § COUNTY OF JEXFF��ERSON § 0 r 1.�, as a member of theB( Council, Commission, or Board) m ke this affidavit and hereby on oath state the following: I, and/or a personn Fpersons related to me, have a substantial in erest in a business entity that would be peculiarly affected by a vote or decision Of the (City Council, Commission, or Board) as those terms are defined in V.T.C.A., Local Government Code, 171.002. �7— (t The business entity is: tet' J— C. , U+e m .g, C) {l5ey& Ag eAk (Name) Rj S 31 � ! �0D WdW , J (Address) rr ("I," or name of relative and relationship) a /W Atka have/has a substantial interest in this business entity for the following reasons: (check all of which are applicable.) Ownership of 10 percent or more of the voting stock or shares of the business entity. Ownership of either 10 percent or more or $15,000 or more of the fair market value of the business entity. Funds received from the, business entity exceed 10 percent of (my, her, his). gross income for the previous year. Real property is involved, and (I, he, she) have an interest which is an equitable or legal ownership with a fair market value of. at least $2,500. A relative of mine, within the first or second degree by blood or marriage, has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Clerk, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. . Signed this the --'b Signed of Si re of Official Title BEFORE ME, the undersigned authority, on this day personally appeared his 44 loY ' g tY and on oath stated that the facts hereinabove stated are true to the best of r knowledge or belief. me o is the -5 C y of TINA GAIL BROUSSARD " Notary Public, State of Texas Comm. Expires 01-12-2023 Notary Public in and for the Sate of Texas �Z',°;�`� Notary ID 11435119