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MIN JUL 30 2019BEAUMON I I ;;.kAS- 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 30, 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 30, 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 items 2 and 3/Consent Agenda * Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Councilmember Audwin Samuel 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 Pate, Councilmembers Nield, Getz, Feldschau, Samuel and 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 item 2 and 3/Consent Agenda None CONSENT AGENDA Approval of minutes — July 23, 2019 Confirmation of committee appointments - None A) Authorize the City Manager or his designee to execute all documents necessary, for a Memorandum of Understanding between the Texas Department of Public Safety and the City of Beaumont Police Department regarding state vehicle weight enforcement inspections — Resolution 19-154 Minutes — July 30, 2019 B) Authorize the City Manager or his designee to execute all documents necessary, for a Memorandum of Understanding between the Texas Department of Public Safety and the City of Beaumont Police Department regarding federal motor carrier enforcement- and inspections—. Resolution 19-155 Councilmember Pate moved to approve the. Consent Agenda. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED GENERAL BUSINESS Consider a request for a Specific Use Permit to allow a Tequila Bar in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 4210 Calder Avenue. Ashley Hernandez has requested a Specific Use Permit to allow a new, "high-end" Tequila Bar at 4210 CalderAvenue. Mrs. Hernandez, along with her husband and grandfather, plan to teach the art of selection and enjoyment of premium and collector tequila in a small neighborhood establishment. Seating will accommodate up to thirty-six (36) customers. Hours of operation will be Tuesday through Thursday from 4 p.m. until midnight and Friday and Saturday, from 4 p.m. until 2 a.m. The barwill be closed on Sundays and Mondays. Mrs. Hernandez anticipates having nine (9) employees for the busiest shift. At a Joint Public Hearing held on June 17, 2019, the Planning -Commission recommended 7:1 to.. approve the request for a Specific Use Permit to allow a Tequila Bar, in a GC -MD (General Commercial -Multiple Family Dwelling) District with the following condition: Construction plans must meet all requirements by Water Utilities for water and sewer services, including requirements of the City's pre-treatment. program. Approval of the ordinance with the following condition: 1. Construction plans must meet all requirements1by Water Utilities for water and sewer services, including requirements of the City's pre-treatment program. COuncilmember Neild moved to APPROVE AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A TEQUILA BAR IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 4210 CALDER AVENUE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Council member Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE Minutes —July 30, 2019 MOTION PASSED Ordinance 19-046 2. Consider a resolution approving multiple contracts for the purchase of inventory materials to be used by the Water Department. The City maintains an annual contract for couplings, pipe fittings, valves, fire hydrants and other related materials for use by the Water Department. The materials are used in the repair and maintenance of existing water and sewer lines and installation of new service lines in order to maintain adequate water and sewer service throughout the City. Specifications required bidders to submit pricing for 178 line items, separated into fifteen (15) specific sections. Bids were evaluated upon the lowest total price per section on an all or none basis which provides the best value to the City. Only bidders providing pricing for every item within each section were considered. Pricing is to remain firm for the term of the contract. The low bid for Section 5 was submitted by Rural Pipe and Supply of Jasper, Texas, at $21,194.65. The bid received from Coburn's of Beaumont for that section was $22,046.50 which falls within 5% of the low bid. Coburn's has submitted proper forms requesting Local Vendor Preference which meets the requirements of Local Government Code 271.9051 for consideration. It is recommended that Section 5 be awarded to Coburn's under the Local Vendor Preference. Bids were requested from seven vendors and five responses were received. The Administration recommends awarding one year contracts to the following vendors in .the amounts indicated for estimated usage: Core & Main LP for Sections 1,2,6,13, and 15 for an estimated cost of $725,333.55; Coburn's for Sections 3,4,5,7,8,9, and 10 for an estimated cost of $300,820.50; and Rural Pipe & Supply for Sections 11,12, and 14 for an estimated cost of $342,046.90. Funds will come from the Water Utilities Fund. Approval of the resolution. COuncilmember Mouton moved to APPROVE A RESOLUTION THAT THE BIDS SUBMITTED BY CORE & MAIN, LP, OF BEAUMONT, TEXAS, FOR AN ESTIMATED AMOUNT OF $725,333.55 FOR -SECTIONS 1, 2, 6,13 AND 15; COBURN'S OF BEAUMONT, TEXAS, FOR AN ESTIMATED AMOUNT OF $300,820.50 FOR SECTIONS 3, 4, 5, 7, 8, 9 AND 10; AND RURAL PIPE & SUPPLY, OF JASPER, TEXAS, FOR AN ESTIMATED AMOUNT OF $342,046.90 FOR SECTIONS 11, 12 AND 14 BE ACCEPTED BY THE CITY OF BEAUMONT, AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH CORE & MAIN, LP, OF BEAUMONT, TEXAS; COBURN'S OF BEAUMONT, TEXAS; AND RURAL PIPE & SUPPLY, OF JASPER, TEXAS. Councilmember Neild seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Minutes —July 30, 2019 Resolution 19-156 3. Consider a resolution authorizing the City Manager to return the balance of EDA funds in the City's Small Business Revolving Loan Fund Program to the U.S. Economic Development Administration = This item was tabled In 1987, the City of Beaumont received a $500,000 grant from the U.S. Economic Development Administration (EDA) to establish a Revolving Loan . Fund Program (RLF). This EDA grant was matched with Community Development Block Grant (CDBG) funds initially in the amount of $250,000, with an additional $125,000 contributed in 1988 and 1989. Over the years, numerous loans have been made through this program and the current balance is approximately $247,886 in EDA funds and $460,504 in CDBG funds. However, there has been decreasing interest in.the program. Most applicants now seek loans through the Lamar Small Business Development Center, (Lamar SBDC) and the Southeast Texas Economic Development Foundation (SETEDF).. Due to the decrease in the number of applications and loans awarded through this program, EDA is seeking to recover these funds. In addition, recent changes in rules controlling the CDBG portion of'the program resulted in the City being responsible for the repayment of underperforming loans. As a result, this portion of .the program has already been suspended. It should be noted that attempts were made to reallocate the EDA funds to the Lamar SBDC or the SETEDF, but this was not possible due to CDBG requirements. Approval of this resolution would allow the return of the EDA portion of the funds back to the EDA and the reallocation of the CDBG portion to other activities in our CDBG program to be approved by the City Council at a future date. PUBLIC HEARING Receive comments regarding the City of Beaumont submitting a grant application and executing a contract with the Federal Transit Administration (FTA) to receive Operating Assistance funds for the Beaumont Municipal Transit System Public, Hearing Open: 1:41 p.m None Public Hearing Closed: 1:41 p.m. 4. Consider a resolution authorizing the City Managerto submit a grant application and execute a contract with the Federal Transit Administration (FTA) to. receive Operating Assistance funds for the Beaumont Municipal Transit System. Beaumont Municipal Transit has prepared a grant application for FY 2019 FTA funds. The grant will help fund the labor, fringe benefits, parts and supplies, utilities, insurance, and all other miscellaneous expenses needed for the operation and maintenance of the Beaumont Municipal Transit (BMT) System in FY 2019, the period from October 1, 2018 through September 30, 2019. The City of Beaumont anticipates receiving approximately $2,168,922 from the FTA based on a formula utilized by the Federal Government. Approval of the resolution. Minutes —July 30, 2019 Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO SUBMIT A GRANT APPLICATION AND_ EXECUTE A CONTRACT WITH THE FEDERAL TRANSIT ADMINISTRATION (FTA) TO RECEIVE AN OPERATING ASSISTANCE GRANT IN THE AMOUNT OF $2,168,922.00 FOR THE BEAUMONT MUNICIPAL TRANSIT SYSTEM. Councilmember Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 19-157 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. COMMENTS Public Comments (Persons are limited to three minutes) Rodney Robichau 5255 Merlot Beaumont TX Spoke to Council regarding sidewalks on Delaware,. stated that this has been something that has been discussed for sometime now, there's no access to sidewalks and people have to walk in the grass, stated that he has watched over the years a 70 year old lady that walks to HEB to get her grocery and then walks home, to walk in the grass is very difficult for anyone especially a 70.year old, asked that Council please look into this matter and see if sidewalks can be installed David Pete 6355 Chinn Ln. Beaumont TX After listening to Council talk about the Municipal Transit System, he recalled that maybe 5 to 10 years ago there was an issue where buses were cancelled or rerouted to the West End area so that citizens that ride the bus could get to the Social Security office, when speaking of Uber and Lyft those things are independently owned and operated, that means if you take awayfrom public transportation the City will be supporting those independent operators and increasing their revenues, yet again Council is only looking atone part of the City, one City Councilmember is still harping on Uber, this Councilmember knows that this has already been discussed and debated but he has a purpose'and an agenda of his own, also made a comment about a speaker that spoke last week regarding censorship Sylvia Daw 2110 Utica St. Beaumont TX Addressed Council with a concern of the City Ordinance regarding animal control, asked that the City Council as well as the Animal Care Advisory Committee please communicate with her and her concerns, gave details regarding a citation that was given to her neighbor, stated that she feels the officer at Animal Control is abusing their authority, stated that she tried to Minutes —July 30, 2019 speak with Matthew. Fortenberry in Animal Control but was unable to speak with him before the meeting Brandon & Mohammad Khan 2646 Harrison St. Beaumont TX Spoke to Council regarding a piece of property that was purchased in Old Town, stated that the home that was purchased was red tagged, would like to see if they could have more time to make the repairs to this property which wouldn't take very long to do Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER MOUTON GAVE CONDOLENCES' TO THE FAMILIES OF PAT WILLARD, WESLEY BOOKER, IRVIN DAVIS AND ZEPHYR RANDLE, CONGRATULATED PASTOR DAVID ROBERTSON WHO CELEBRATED 30 YEARS, ANNOUNCED THAT ON SATURDAY, JULY 3, 2019, FROM 11:00 A.M. TO 3:00 P.M., AT ALICE KEITH PARK THE GREATER SOUTH PARK NEIGHBORHOOD ASSOCIATION WILL CELEBRATE ITS "DAY IN THE PARK", ALSO ON THURSDAY, AUGUST 1, 2019, PIONEERING WOMEN WILL BE CELEBRATING THEIR 2019 HONOREES WITH A LUNCHEON AT THE HOLIDAY INN ON WALDEN RD., AT 11:30 A.M., TICKETS ARE $50.00 COUNCILMEMBER SAMUEL - NONE I MAYOR PRO TEM PATE - NONE COUNCILMEMBER FELDSCHAU - NONE COUNCILMEMBER GETZ - COMMENTED ON A SHOOTING ON SUNBERRY WHICH IS VERY CLOSE TO THE CALDWOOD AREA, ANNOUNCED A CALDWOOD NEIGHBORHOOD ASSOCIATION MEETING THURSDAY, AUGUST 1, 2019 AT 7:00 P:M., AT FIRST CHRISTIAN CHURCH, POLICE WILL BE THERE TO GIVE A BREAKDOWN OF WHAT'S GOING ON IN THE SUNBERRY AREA, THIS IS THE SECOND SHOOTING WITHIN THE PAST YEAR COUNCILMEMBER NEILD - ASKED QUESTIONS REGARDING THE. MUNICIPAL TRANSIT, ASKED IF THERE COULD BE A WORKSESSION REGARDING THE SIDEWALKS, STATED THAT HE SPENT SOME TIME WITH SEVERAL EMPLOYEES AT THE CONVENTION AND VISITORS BUREAU, THEY ARE THE MOST ENERGETIC AND POSITIVE GROUP OF PEOPLE THAT HE, HAS EVER BEEN AROUND, ENCOURAGED EVERYONE TO STOP BY AND MEET WITH THEM IF THEY HAVE ANYTHING THAT WILL BE GOING. ON IN THE CITY THAT THEY MAY NEED HELP WITH CITY ATTORNEY COOPER-' NONE "Minutes — July 30, 2019 11 L� 0 CITY MANAGER HAYES - NONE MAYOR AMES - NONE Open session of meeting recessed at 2:31 p.m. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: James Mathews vs. City of Beaumont, Texas; Cause No. A-192,887 Claim of ExxonMobil Oil Corporation v. City of Beaumont T)Nre berg no a¢lion takgn in Executive Session, Council adjourned. 7 na Broussard, City Clerk