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MIN DEC 03 2019Matthew Fortenberry, Animal Control Supervisor, would be appointed to the Animal Care Advisory Committee. The term would commence December 3, 2019 and expire September 30, 2021. (Mayor Becky Ames) Ann Reynolds, Resident at Large, would be appointed to the Animal Care Advisory Committee. The term would commence December 3, 2019 and expire September 30, 2021. (Mayor Becky Ames) Jim Clay, Police Department Representative, would be appointed to the Animal Care Advisory Committee. The term would commence December 3, 2019 and expire September 30, 2021. (Mayor Becky Ames) Debbie Rogers, Resident at Large, would be appointed, to the Animal Care Advisory Committee. The term would commence December 3, 2019 and expire September 30, 2021. (Mayor Becky Ames) Maryjane Benning, Resident at Large, would be appointed to the Animal Care Advisory Committee. The term would commence December 3, 2019 and expire September 30, 2021. (Mayor Becky Ames) Marc Blieden would be appointed to the Community Development Advisory Committee. The term would commence December 3, 2019 and expire September 30, 2021. (Councilmember Mike Getz) Connie Berry would be appointed to the Community Development Advisory Committee. The term would commence December 3, 2019 and expire September 30, 2021. (Councilmember Mike Getz) Shelly Vitanza would be appointed to the Convention and Tourism Advisory Board. The term would commence December 3, 2019 and expire September 30, 2021. (Councilmember Mike Getz) Stephen "Doc" Watson would be appointed to the Convention and Tourism Advisory Board. The term would commence December 3, 2019 and expire September 30, 2021. (Councilmember Mike Getz) Brenda White would be appointed to the Convention and Tourism Advisory Board. The term would commence December 3, 2019 and expire September 30, 2021. (Councilmember Robin Mouton) Mel Wright (Ex -officio) would be appointed to the Convention and Tourism Advisory Board. The term would commence December 3, 2019 and expire September 30, 2021. (Mayor Becky Ames) Dr. Richard Leblanc (Ex -officio) would be appointed to the Convention and Tourism Advisory Board. The term would commence December 3, 2019 and expire September 30, 2021. (Mayor Becky Ames) Marie Broussard, Heritage Society Representative, would be appointed to the Historic Landmark Commission. The term would commence December 3, 2019 and expire September 30, 2021. (Mayor Becky Ames) Lynda Kay Makin, Planning Commission Representative, would be appointed to the Historic Landmark Commission. The term would commence December 3, 2019 and expire September 30, 2021. (Mayor Becky Ames) Minutes — December 3, 2019 Dohn LaBiche, Architect, would be appointed to the Historic Landmark Commission. The term would commence December 3, 2019 and expire September 30, 2021. (Mayor Becky Ames) Theresa Goodness, County Historian Representative, would be appointed to the Historic Landmark Commission. The term would commence December 3, 2019 and expire September 30, 2021. (Mayor Becky Ames) Marty Craig would be appointed to the Historic Landmark Commission. The term would commence December 3, 2019 and expire September 30, 2021. (Councilmember Robin Mouton) Ben Woodhead would be appointed to the Library Commission. The term would commence December 3, 2019 and expire September 30, 2021. (Councilmember Mike Getz) Linda Cooper would be appointed to the Library Commission. The term would commence December 3, 2019 and expire September 30, 2021. (Councilmember Mike Getz) Emily Coxe would be appointed to the Parks and Recreation Advisory Committee. The term would commence December 3, 2019 and expire September 30, 2021. (Councilmember Mike Getz) Clarke Baker would be appointed to the Parks and Recreation Advisory Committee. The term would commence December 3, 2019 and expire September 30, 2021. (Councilmember Mike Getz) Sina Nejad would be appointed to the Planning and Zoning Commission. The term would commence December 3, 2019 and expire September 30, 2021. (Councilmember Mike Getz) Marty Craig would be appointed as an Alternate to the Planning and Zoning Commission. The term_ would commence December 3, 2019 and expire September 30, 2021. (Mayor Becky Ames) Sandy Pate would be appointed as an Alternate to the Planning and Zoning Commission. The term would commence December 3, 2019 and expire September 30, 2021. (Mayor Becky Ames) Karl Duerr would be appointed to the Police Department Community Advisory Committee. The term would commence December 3, 2019 and expire September 30, 2021. (Councilmember Mike Getz) Roy McGrath would be appointed to the Police Department Community Advisory Committee. The term would commence December 3, 2019 and expire September 30, 2021. (Councilmember Mike Getz) Lee Smith would be reappointed to the Board of Adjustment (Zoning). The current term would expire October 16, 2021. (Mayor Becky Ames) Dana L. Timaeus would be reappointed to the Board of Adjustment (Zoning). The current term would expire May 12, 2021. (Mayor Becky Ames) Joey Hilliard would be reappointed to the Board of Adjustment (Zoning). The current term would expire February 17, 2021. (Mayor Becky Ames) Tom Rowe would be reappointed to the Board of Adjustment (Zoning). The current term would expire February 17, 2021. (Mayor Becky Ames) Minutes — December 3, 2019 Christy Amuny would be reappointed to the Board of Adjustment (Zoning). The current term would expire October 16, 2021. (Mayor Becky Ames) Damian Diaz -Plumbing would be reappointed to the Building Board of Appeals. The current term would expire September 12, 2021. (Mayor Becky Ames) A) Approve the purchase of tasers and related equipment for use in the Police Department — Resolution 19-267 B) Approve the purchase of,a Hazmat Identification System for use in the Fire Department — Resolution 19-268 C) Approve contracts to provide lubricants for use in City vehicles and equipment— Resolution 19-269 D) Approve the renewal of an annual maintenance agreement with WatchGuard Video for use in the Police Department — Resolution 19-270 E) Authorize the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services for Tuberculosis Prevention and Control — Resolution 19-271 F) Authorize the Chief Financial Officer to execute all documents, necessary to accept funding from the Texas Department of State Health Service for Public Health Emergency Preparedness — Resolution 19-272 G) Approve a contract with Dowlen Road Veterinary Center for veterinary services — Resolution 19-273 H) Authorize the lease of two vehicles with Enterprise FM Trust — Resolution 19-274 1) Authorize the City Manager to execute all necessary documents as it relates to the Lease Agreement with the State of Texas for coastal public lands on the Neches River — Resolution 19-275 J) Authorize the City Manager to execute an agreement with Fiberlight LLC for the placement of fiber optic cable in public right-of-way — Resolution 19-276 K) Authorize the settlement of the lawsuit styled Brittney Marble, Individually and as Next Friend on Behalf of Minor, M.C. v. City of Beaumont, Texas; Cause No. E-203,689 — Resolution 19-277 Councilmember Neild moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NIELD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Minutes — December 3, 2019 GENERAL BUSINESS Consider a request for a rezoning from A -R (Agricultural - Residential) and RS (Residential Single - Family Dwelling) to GC -MD -2 (General Commercial — Multiple Family Dwelling - 2) District, and a Specific Use Permit to allow retail and climate -controlled storage located at 4515 N. Major Drive. Phuc Nhat Le is requesting rezoning and a Specific Use Permit to allow retail and climate - controlled storage at 4515 N. Major Drive: The proposed development would consist of 21,000 square feet of storage and 24,505 square feet of retail space. Properties to the north and to the east, across N. Major Drive, are zoned GC -MD or GC -MD - 2 (General Commercial - Multiple Family Dwelling - 2). A large number of apartments have been or are in the process of being constructed in this area. General retail and storage are both encouraged in such areas. Any other uses would require a subsequent Specific Use Permit once the property has been rezoned to GC -MD -2. At a Joint Public Hearing held on November 18, 2019, the Planning Commission recommended 6:0 to approve the request for a rezoning from A -R (Agricultural - Residential) and RS (Residential Single - Family Dwelling) to GC -MD -2 (General Commercial - Multiple Family Dwelling - 2) District, and a Specific Use Permit to allow retail and climate controlled storage located at 4515 N. Major with the following condition: 1. The Fire Department approves the site plan. Approval of the ordinance with the following condition: The Fire Department approves the site plan. Councilmember Samuel 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 A -R (AGRICULTURAL -RESIDENTIAL) DISTRICT AND RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT FOR PROPERTY LOCATED AT 4515 N. MAJOR DRIVE, WITH THE CONDITIONS, BEAUMONT, JEFFERSON COUNTY TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Mayor Pro Tem Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 19-075 Minutes — December 3, 2019 Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RETAIL AND CLIMATE CONTROLLED STORAGE FACILITY IN A GC -MD - 2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT LOCATED AT 4515 N. MAJOR DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tem Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 19-076 2. Consider a request for a Specific Use Permit to allow an RV (Recreational Vehicle) park in an LI (Light Industrial) District located just northeast of Lakeway Drive along the eastbound Interstate Highway 10 Feeder Road. LaMonica, Ltd., to be D.B.A. as 1-10 Lakeway RV Resort, is requesting a Specific Use Permit to allow an RV (Recreational Vehicle) park just northeast of Lakeway Drive along the eastbound Interstate Highway 10 Feeder Road. The proposed RV Resort will consist of 150 pad sites with 50 AMP electrical and 4" sewer connections. The rental office will be staffed and open for business 24 hours per day. At a Joint Public Hearing held on November 18, 2019, the Planning Commission recommended 6:0 to approve the request for a Specific Use to allow an RV (Recreational Vehicle) park in an LI (Light Industrial) District located just northeast of Lakeway Drive along the eastbound Interstate Highway 10 Feeder Road with the following conditions: 1. RV pad sites must meet ordinance requirements for size and setbacks. 2. Each RV site must provide an off-street parking space. 3. A minimum of two (2) men's and two (2) women's or four (4) unisex restrooms and showers shall be provided. 4. Park shall be surrounded by an eight (8) foot tall solid, permanent screening fence. Approval of the ordinance with the following conditions: 1. RV pad sites must meet ordinance requirements for size and setbacks. 2. Each RV site must provide an off-street parking space. 3. A minimum of two (2) men's and two (2) women's or four (4) unisex restrooms and showers shall be provided. 4. Park shall be surrounded by an eight (8) foot tall solid, permanent screening fence. Counciimember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RECREATIONAL VEHICLE (RV) PARK IN AN LI (LIGHT INDUSTRIAL) DISTRICT LOCATED JUST NORTHWEST OF LAKEWAY DRIVE ALONG THE EASTBOUND INTERSTATE HIGHWAY 10 FEEDER ROAD, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. Minutes — December 3, 2019 AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 19-077 3. Consider a request for a Specific Use Permit to allow a dental office and professional office space in an PUD (Planned Unit Development) District located at 6330 Delaware Street. SKSB Realty, L.L.C. is requesting a Specific Use Permit to construct a new dental office at 6330 Delaware Street. The new 8,000 square foot building would accommodate two (2) 4,000 square foot offices. One is to be used as a dentist office, the other is to be used as professional office space. All necessary utilities are available, the proposed parking is sufficient for the proposed uses. The perimeter landscaping along Delaware Street must include a three (3) foot high screen comprised of a wall, solid fence, berm or plant material. In addition, one class A or two (2) class B trees are required for each twenty-five (25) linear feet or fraction thereof for the parking lot's entire length. At a Joint Public Hearing held on November 18, 2019, the Planning Commission recommended 5:0:1 to approve the request for a Specific Use Permit to allow a dental office and professional office space in an PUD (Planned Unit Development) District located at 6330 Delaware Street with the following condition: 1. Landscaping must meet the requirements of the Landscaping Ordinance. Approval of the ordinance with the following condition: 1. Landscaping must meet the requirements of the Landscaping Ordinance. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DENTAL OFFICE AND PROFESSIONAL OFFICE SPACE IN THE PUD (PLANNED UNIT DEVELOPMENT) DISTRICT LOCATED AT 6330 DELAWARE STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NIELD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 19-078 Minutes — December 3, 2019 4. Consider a request for a Specific Use Permit to allow a duplex in an RS (Residential Single - Family Dwelling) District located at 8575 Highway 105. Jeff Akhtar is requesting a Specific Use Permit to allow a duplex at 8575 Highway 105. The approximately 5,000 square foot building would be divided.equally into two (2) residences. Although the property is surrounded by single family homes in an RS (Residential Single - Family Dwelling) District, it is located on a busy major arterial. Therefore, staff finds low density multi -family development to be acceptable for this location. At a Joint Public Hearing held on November 18, 2019, the Planning Commission recommended 6:0 to approve the request for a Specific Use to allow a duplex in an RS (Residential Single - Family Dwelling) District located at 8575 Highway 105. Approval of the ordinance. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DUPLEX IN AN RS (RESIDENTIAL SINGLE-FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 8575 HIGHWAY 105 IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 19-079 5. Consider a request for a Historic -Cultural Landmark designation for property located at 140 E. Threadneedle Street. Pastor Robert Walker has applied for an HC -L (Historic -Cultural Landmark) Designation for the Church located at 140 E. Threadneedle Street. The church, originally known as Highland Avenue Baptist Church was built between 1928 and 1931 with an original address of 3455 Highland Avenue. The applicant has identified the structure to be eligible for HC -L (Historic -Cultural Landmark Preservation designation) due to its location and contributions over the years to the neighborhood and community as a whole. Pastor Walker states that the Church is located within the historic area of South Park and is situated just blocks away from the Historic South Park Middle School, which has a Texas Historical Commission Marker No. 10566 issued in 1988. The Church demonstrates a grand celebration of knowledge, college scholarships and community. It has continuously been cherished and valued by the surrounding neighborhoods. Its space has brought together visitors diverse in backgrounds to learn and grow. The structure is distinguished by its thirty-five (35) foot tall ceilings and adorned with painted stained glass to enhance the design of the Church. The stained glass is fused in most windows all throughout the church. Minutes — December 3, 2019 . N At a Joint Public Hearing held on November 18, 2019, the Planning Commission recommended 6:0 to approve the request for a Historic -Cultural Landmark designation for property located at 140 E. Threadneedle Street. Councilmember Mouton 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 ESTABLISHING AN HC -L (HISTORICAL -CULTURAL LANDMARK PRESERVATION) DESIGNATION FOR THE CHURCH LOCATED AT 140 E. THREADNEEDLE STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 19-080 Consider a resolution authorizing the City Manager or his designee to apply to FEMA to participate in the Public Assistance Alternative Procedures for Permanent Work Pilot Program. On January 29, 2013, the Sandy Recovery Improvement Act was signed into law. This law amends Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Act). Specifically, the law adds Section 428, which authorizes alternative procedures forthe Public Assistance (PA) Program of the Stafford Act and authorizes FEMA to award PA funding based on fixed -cost estimates. On September 30, 2019, FEMA awarded a fixed -cost estimate in the amount of $47,264,640 for the restoration of_Riverfront Park to its pre -storm (Harvey) condition with a ten percent (10%) matching requirement. Rather than restoring the park and its shoreline to its pre -storm condition, the City would like to enter into an Alternative Permanent Work Program with FEMA and submit two alternative projects for consideration. The first alternative project would be to stabilize Riverfront Park's shoreline at its post -storm condition at an estimated cost of $28,144,640. The difference between the amount of the award and the amount of the first alternative project is $19,120,000, which could be used for a second alternative project in accordance with Section 428 of the Act. On November 4, 2019, City Council held a workshop to discuss the use of the residual $19,120,000 relating to the Alternative Permanent Work Program. The Administration is recommending a second alternative project to construct a new Raw Water Pump Station near the area of Pine Street and East Lucas be submitted to FEMA. The estimated cost of this project is $22,500,000: If the alternative projects are approved by FEMA, it important to note that all costs associated with these projects in excess of the awarded amount ($47,264,640) and the 10% match would be funded by the City. Also, in conjunction with the Raw Water Pump Station, it is proposed that a new Raw Water Transmission Line be constructed to deliver raw water to Minutes — December 3, 2019 the Water Plant. The cost of the new transmission line is estimated at $15,000,000; however; the City is in the process of applying for CDBG-(Disaster Recovery) grant funds in the amount of $9.8 million. Thus, the City would need to fund the balance of the project through the issuance of bond proceeds or other funding sources. FEMA will fund, on a reimbursement basis, up to $47,264,640 less the 10% match. The match and any amount in excess of $47,264,640 will be paid from the Capital Program; other grants; or fund balance from the General Fund or Water Utilities Fund. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER OR HIS DESIGNEE BE AND THEY ARE HEREBY AUTHORIZED TO APPLY TO FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR PARTICIPATION IN THE PUBLIC ASSISTANCE ALTERNATIVE PROCEDURES FOR THE PERMANENT WORK PILOT PROGRAM. Councilmember Neild seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: COUNCILMEMBER GETZ MOTION PASSED Resolution 19-278 POWERPOINT PRESENTATION The City Manger reviewed and discussed the Raw Water System Improvement Plan. There was discussion on the gravity intake upstream of the saltwater barrier, the Bunn's Canal that was built in 1915 with the last improvement done in 2003. The Manager stated that the canal sustained very minor damage in Harvey and that back in 1988 there was a 60 -inch Siphon constructed and the condition of the siphon is unknown with a single point of failure. The Lawson Pump Station supplies raw water to the surface water treatment plant, the structure was built in 1947-1948 and three pumps were installed in 2002. The Lawson Pump Station was under water during Harvey which made the site inaccessible and unable to supply raw water to the surface water treatment plant and was severely impacted potable water supply to the City. There is an existing water line submerged in the canal which can't take the line down for the maintenance of inspection, the line is shifting and creating high points and the current capacity of the raw water line is 31 MGD with a single point of failure. The Manager discussed three goals moving forward, 1) is to make the station accessible during a flood event; 2) to eliminate a single point of failure and 3) to increase pumping capacity to WTP. The new pump station will have a new 30 MGD raw water PS that will provide resiliency and reliability with an alternate tunnel that will connect directly to Bunn's Canal. The proposed pipeline will be constructed within the Pine St. right of way with an approximate 42 -inch diameter pipe that will be 14,000 feet in length. Minutes — December 3, 2019 7. Consider a resolution authorizing the purchase of five grapple trucks for use in the Solid Waste Department. The grapple trucks will be purchased from Grande Truck Center, Inc., of San Antonio, Tx, in the amount of $1,121,320.00. The new units will replace models that have surpassed their useful life expectancy. The trucks are used for the collection of heavy trash. The existing units will be disposed of in accordance with the City surplus property policies. Pricing was obtained through the Buyboard, a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. Buyboard complies with State of Texas procurement statutes. Manufacturer's warranty is twelve (12) months. Funds will come from the Solid Waste Fund. Approval of the resolution. Mayor Pro Tem Pate moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF FIVE (5) GRAPPLE TRUCKS FOR USE BY THE SOLID WASTE DEPARTMENT FROM GRANDE TRUCK CENTER, OF SAN ANTONIO, TEXAS, IN THE AMOUNT OF $1,121,320.00 THROUGH THE BUYBOARD COOPERATIVE PURCHASING PROGRAM. Councilmember Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 19-279 8. Consider an ordinance authorizing the suspension of the effective date of CenterPoint Energy's proposed rate increase until February 12, 2020. On November 14, 2019, CenterPoint Energy ("CenterPoint") filed its Statement of Intent to increase rates within the City of Beaumont and other cities in CenterPoint's Beaumont/East Texas service area. This request would increase CenterPoint Texas' net annual non -gas revenues in the Beaumont/East Texas Division by approximately $6.816 million annually. The total increase projected to be collected from customers in Beaumont is approximately $582,198. The average increase per residential customer could range from $1.41 to $8.19 monthly depending on location. CenterPoint has proposed that the gas rate increase become effective on December 19, 2019. The proposed ordinance authorizes the suspension of the effective date of the requested increase to February 12, 2020. The suspension would allow time for the City to review the request and make an informed recommendation to the Council as to what the ultimate decision should be. The ordinance also provides for authority to join with the other cities in the CenterPoint Beaumont/East Texas service area to retain legal counsel and rate consultants, participate in any judicial or administrative proceedings and to seek Minutes — December 3, 2019 reimbursement for rate case expenses from CenterPoint. Once a more thorough review of CenterPoint's rate increase request has been made, the Council will be provided with more information and a more informed recommendation as to what further action is to be taken. All reasonable expenses associated with rate cases are reimbursable by the company. Approval of ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE FOR AN ADDITIONAL NINETY (90) DAYS BEYOND THE EFFECTIVE DATE PROPOSED BY CENTERPOINT IN CONNECTION WITH ITS STATEMENT OF INTENT TO INCREASE RATES FOR CENTERPOINT'S BEAUMONT/EAST TEXAS DIVISION, FILED ON NOVEMBER 14,2019; AUTHORIZED THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE RAILROAD COMMISSION OF TEXAS; REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATES TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Councilmember Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 19-081 9. Consider a resolution to adopt City Council Procedures and Decorum Policy in the conducting of its business. The Beaumont City Charter Article III, Section 9 states that the City Council shall determine its own rules and order of business. There has been recent discussion and requests made for Council to consider the adoption of rules of decorum to ensure that Council meetings are conducted in an orderly and efficient manner. A draft of a suggested City Council Procedures and Decorum Policy was present for Council's review. This item is being proposed by Councilmembers Neild and Feldschau. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE COUNCIL PROCEDURES AND DECORUM POLICY IS HEREBY IN ALL THINGS ADOPTED. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON Minutes — December 3, 2019 NAYS: NONE MOTION PASSED Resolution 19-280 10. Consider an ordinance granting a new solid waste franchise agreement with Superior Waste Solutions, LLC. According to City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Seven entities currently have nonexclusive franchise agreements with the City and are doing business in this area. Superior Waste Solutions, LLC has requested that the City Council grant the company such franchise agreement. Superior Waste Solutions was founded in July of 2019 with plans to operate from 6315 N. Twin City Hwy Beaumont, Tx 77705. The requested franchise is generally the same as those previously approved by City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter, franchise ordinances require readings at three separate Council meetings, with the third not less than thirty (30) days from the first reading. The ordinance does not take effect until sixty (60) days after its adoption on the third and final reading. After passage, the ordinance must be published for four consecutive weeks in a newspaper of general circulation in the City. All publication costs are paid by the franchisee. This is the third reading. A franchise fee of seven percent (7%) of gross receipts will be paid to the City. Approval of the ordinance. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO SUPERIOR WASTE SOLUTIONS, LLC. Mayor Pro Tem Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 19-067 WORK SESSION * Review and discuss receiving Federal Highway Administration funds (Emergency Relief Funding from Hurricane Harvey) for the asphalt overlay of six streets within defined sections Minutes — December 3, 2019 Dr. Joe Majdalani reviewed and discussed receiving Federal Highway Administration funds (Emergency Relief Funding from Hurricane Harvey) for the asphalt overlay of six streets within defined sections. There were discussions regarding Griffing Road, Old Voth Road, Pine Street, Piney Pointe Lane, Sherwood Drive and Tram Road. The estimated construction cost for all six streets totaled $3,631,000.00 with a City share of $726,200.00. COMMENTS Public Comments (Persons are limited to three minutes) Edith Briggs 5735 Meadowview Rd. Beaumont TX Spoke to Council regarding the water at her home, brought a sample of the water that was taken from her hot water heater to the Public Works Department, stated she later received a letter in the mail stating that her water looked the way it did because of her flowers, trees, shrubs and fence, there is a fence on the right side of her property which has nothing to do with her water meter, city workers raised the water meter about a year ago, stated that she was under the impression that the city right of way was so many feet from the street but was informed that it wasn't, she has a fence that is five or six feet away from the street, was told that she was encroaching city property by a foot even though she has already had the fence installed, the city put a red tag on her home right before the Thanksgiving Holiday stating that work needed to be stopped, is asking that they be allowed to keep their fence as it's not bothering anyone, would like to have their water issue addressed Jennie Simon 4530 Goliad St. Beaumont TX Spoke to Council regarding property she owns behind her home which is on Paradise St., the street doesn't open all the way to Virginia St., previously she came to City Hall and inquired as to whether the city would open Paradise St., and was told that maybe in the year 2018 there would be a plan to open the street, that hasn't happened as of yet, would like to know if the city would look at opening the street, stated she has three pieces of property that she wants to sell and isn't able to as long as the street is closed Teresa Gore 535 Parson Dr. Beaumont TX Spoke to Council regarding the Colannade Shopping Center, stated that she lives right behind the shopping center and there's all types of trash between the shopping center and her home, there's a trash can that's been there for over six months, she's done some deed record searches to figure out who's supposed to be responsible forthat area, she's talked to the owner of Basic Foods who said the reason why there's so much trash is because that the garbage truck can't lift the dumpster up high enough to empty all of the trash into the truck because of the trees that are hanging over the dumpster, Basic Foods has asked Charles Davis the owner to trim the trees, Mr. Davis informed them that it's a city`issue because of an easement that's there, the easement is in fact for DD6, the city ordinance states that even if there is an easement the property owner is still responsible, the State of Texas says that a person can trim limbs as long as they don't kill a tree when doing so, at this time she's not really sure what needs to happen but would love to not have trash everywhere or have the sitting behind her property which is now open with flies, pest etc., at this time Charles Davis and DD6 knows about this issue Minutes — December 3, 2019 Terry Roy 9150 Shepherd Dr. Beaumont TX Addressed Council about a month ago regarding sewer problems at his home, needs some type of closure as to what the city will do regarding the issue of not being able to flush his toilet when it rains, stated that it may seem trivial to some people but it's not to him Don Mazone 4404 Phelan Blvd. Beaumont TX Commented on the smoking ordinance that is in place for the city, asked if the city would consider expand the ordinance if possible to include multi -unit housing, public and private, half a million people die from smoking, second hand smoke is being overlooked, lives in an apartment and the smoke passes through the walls, comes through the outlets, seams and gaps, provided Council with information to review, according to the CDC, Attorney General and the World Health Organization there is nothing that will work other than to require a ban on smoking and in this case since there is already a smoking ban it would need to be expanded Steve Hoffman 7045 Blarney St. Beaumont TX Appreciated the effort of Council to put together the Procedures and Decorum Policy, thinks it will help in the meetings to take care of city business and avoid distractions, sorry that the city will be losing Dr. Majdalani, he has been good for the city, the future will be the water that will be coming out of the city, the future growth of the city in the area where Dowlen can be extended to 1-10, would be an asset, not sure what else the city has going that will create growth Landry Rountree 1565 S. Major Dr. Beaumont TX Congratulated his former Pastor and Pastor Emeritus Marvin Cole, on November 3, 2019, he celebrated 50 years at the Apostolic Church, wanted to honor him publicly Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - STATED THAT ON LAST WEEK HE HAD THE OPPORTUNITY TO VISIT THE SEWER STATION WITH DR. MAJDALANI, OVER THE YEARS THERE HAS BEEN A LOT OF POSITIVE IMPROVEMENTS, WAS VERY IMPRESSED WITH THE FACILITY, ON AN AVERAGE DAY THAT IT DOESN'T RAIN THE CITY RUNS BETWEEN 15 AND 18 MILLION GALLONS PER DAY THROUGH THE SYSTEM, ON A DAY THAT IT RAINS THE CITY SLOWS THE PUMPS DOWN BECAUSE THE CITY EXCEEDS 126 MILLION GALLONS PER DAY THAT THE CITY HAS PER THE AGREEMENT WITH TCEQ, THIS LEADS US TO WHERE THE ISSUE IS AND WOULD LIKE COUNCIL TO COME UP WITH A CLEAR DIRECTION ON HOW TO PROCEED, THERE ARE APPROXIMATELY 10,000 MANHOLES THROUGHOUT THE CITY, THERE'S ABOUT 3,000 MANHOLES THAT ARE DAMAGED, THIS IS WHERE ALL THE RAIN WATER COMES INTO THE SYSTEM EXCEEDING THE 126 MILLION GALLONS PER DAY, THIS BACKS UP IN THE MAIN SYSTEM AND CAUSES ISSUES LIKE Minutes — December 3, 2019 THE SPEAKER MR. ROY ADDRESSED COUNCIL ABOUT, THAT'S THE NUMBER ONE CALL OR TYPE OF COMPLAINT THAT HE GETS IS CITIZENS THAT CAN'T FLUSH THEIR TOILETS WHEN THERE IS A HEAVY RAIN, THE CITY HAS A PLAN IN PLACE TO REPAIR ALL MANHOLES, STATED THAT HE WOULD LIKE TO SEE WHAT THE OPTIONS ARE TO INCREASE THE RATE,OF REPAIRS AND TO GET SOME OF THESE ISSUES UNDER CONTROL, THERE SHOULDN'T BE 126 MILLION GALLONS OF REGULAR RAIN WATER GOING INTO THE SANITARY SEWER EVERY TIME IT RAINS, WOULD LIKE TO CHALLENGE THE MANAGER AND STAFF TO EXPEDITE THIS ISSUE, COMMENTED ON THE MULTIPLE COMMITTEES THAT COUNCIL APPOINTS CITIZENS TO, STATED THAT HE WOULD LIKE TO SEE AN UPDATE FROM THOSE COMMITTEES, WOULD ALSO LIKE TO SEE IF THERE IS SOME TYPE OF WAY THAT THE CITY COULD GENERATE A MONTHLY FORM THAT COMES OUT AFTER THE MEETINGS ARE HELD TO GIVE COUNCIL AN UPDATE AS TO WHAT IS GOING ON, ASKED FOR AN UPDATE ON EVENING MEETINGS AS WELL AS AN UPDATE ON WHEN THERE WOULD BE A WORKSESSION REGARDING THE CHARTER COUNCILMEMBER GETZ - THANKED HIS FAMILY AND FRIENDS FOR THEIR SUPPORT BY ATTENDING THE COUNCIL MEETING, PLEDGED TO CONTINUE TO BE THEIR COUNCILMEMBER, LOOK AFTER THEIR INTEREST AND BE RESPONSIVE TO THEIR CONCERNS AND NEEDS, ASKED THAT MR. ROY WHO SPOKE EARLIER SPEAK WITH DR. MAJDALANI SO THAT THERE CAN BE SOME CLOSURE REGARDING HIS ISSUES, STATED THAT HE AGREED WITH THE COMMENTS MADE BY COUNCILMEMBER NEILD REGARDING THE ADVISORY COMMITTEES, MENTION THE EVENING MEETINGS, KNOWS THAT THEY STRUGGLE TO HAVE EVENING MEETINGS AND WITH EVERYONE HAVING BUSY SCHEDULES FEELS THAT IT WILL ALWAYS BE A PROBLEM WITH SOMEONE HAVING A CONFLICT, THINKS THAT THE ONLY WAY TO MAKE IT WORK IS TO PICK A REGULAR DATE FOR AN EVENING MEETING, EVERYONE WILL KNOW THE DATE AND IF THEY CAN'T BE IN ATTENDANCE THEN THEY JUST CAN'T BE IN ATTENDANCE, FEELS THAT EVERYONE WILL KNOW IN ADVANCE THE MEETING DATE AND WILL NEED TO ADJUST ACCORDINGLY, ANNOUNCED THE CHRISTMAS TREE LIGHTING ON WEDNESDAY, NOVEMBER 4, 2019, AT THE EVENT CENTRE, WISHED EVERYONE HAPPY HOLIDAYS COUNCILMEMBER FELDSCHAU - STATED THAT IT HAS BEEN SIX MONTHS SINCE HE WAS ELECTED TO SERVE ON COUNCIL, INFORMED THE CITIZENS THAT IF HE HAS LEARNED ANYTHING IN SIX MONTHS HE HAS LEARNED THE COMPLEXITY OF LOCAL GOVERNMENT, IT'S NOT AS EASY AS PEOPLE THINK, FOR INSTANCE LIKE THE FEMA MONEY, WHAT CAN IT BE SPENT ON, WHERE CAN IT BE APPLIED, WHAT PROJECTS WILL BE APPROVED, AND THEN THERE'S THE OPEN MEETINGS ACT, ONE HAS TO LEARN WHAT CAN BE DISCUSSED, WHO ONE CAN TALK TO ETC., STATED THAT Minutes — December 3, 2019 EVERYONE SITTING ON COUNCIL CARES ABOUT THIS CITY, THEY ARE HERE BECAUSE THEY WANT TO MAKE BEAUMONT A BETTER PLACE FOR EVERYONE, ENCOURAGED CITIZENS TO BE PATIENT, BE UNDERSTANDING, IF THEY HAVE QUESTIONS TO PLEASE ASK, CALL CITY HALL AND ASK QUESTIONS AND GET THE WHOLE TRUTH MAYOR PRO TEM PATE - COMMENTED ON DECEMBER 7TH WHICH IS THE DAY THAT WILL LIVE IN INFAMY, IT'S THE DAY THE JAPANESE BOMBED PEARL HARBOR, ON THAT DAY THE WORLD CHANGED AND THE UNITED STATES OF AMERICA BECAME THE SUPER POWER THAT IT IS TODAY AND BECAUSE OF THAT EVENT IN 1941 HOW FORTUNATE ARE WE TO LIVE IN THE UNITED STATES OF AMERICA COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER MOUTON - COMMENTED ON THE EXPLOSION IN PORT NECHES, SENT PRAYERS TO OUR NEIGHBORS, THANKED MS. SIMON FOR ATTENDING THE MEETING, STATED THAT THEY WILL BE WORKING ON HER ISSUE REGARDING OPENING THE STREET WHERE SHE OWNS PROPERTY, GAVE CONDOLENCES TO THE FAMILIES OF ALBERT PROVOST AND KATY STEWART, WISHED HER DAD A HAPPY 80TH BIRTHDAY, ENCOURAGED ALL CITIZENS TO CONTACT ANY DEPARTMENT OR ANY CITY COUNCILMEMBER BY CALLING 311 AS WELL AS DOWNLOADING THE 311 APP CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - STATED THAT LITTLE WOODROW'S HAS APPLIED FOR A SPECIFIC USE PERMIT WHICH WAS GOING TO BE BACK ON THE AGENDA TODAY BUT THERE ARE QUESTIONS THAT THE ADMINISTRATION NEEDS ANSWERS TO IN REGARDS TO THE SITE PLAN THAT WAS SUBMITTED AS WELL AS THE PARKING REQUIREMENTS, THE ITEM WILL BE BROUGHT BACK TO COUNCIL ON NEXT WEEK FOR CONSIDERATION TO SEND BACK TO THE PLANNING COMMISSION, LITTLE WOODROW'S REALLY NEEDS TO START THE PROCESS (THEY BELIEVE) OVER AGAIN AND WILL HAVE DETAILS FOR COUNCIL ON NEXT WEEK MAYOR AMES - ANNOUNCED THE FIRST EVENING MEETING WHICH WILL BE ON TUESDAY, FEBRUARY 11, 2020, IN THE COUNCIL CHAMBERS AT 5:30 P.M., AS WELL AS THE CHRISTMAS TREE LIGHTING AT THE EVENT CENTRE ON WEDNESDAY, DECEMBER 4, 2019 AT 5:30 P.M., THE ART MUSEUM WILL ALSO BE HAVING A SMALLER TREE LIGHTING AND WILL HAVE ACTIVITIES FOR THE CHILDREN ON THURSDAY, DECEMBER 5, 2019 FROM 4:00 P.M. TO 6:00 P.M. Minutes — December 3, 2019 EXECUTIVE SESSION - CANCELLED Consider matters related to contemplated or pending litigation in accordance with Section 551.074 of the Government Code: Councilmember Michael D. Getz Executive Pession being cancelled, Council adjourned at 3:25 p.m. �fl Tina Broussard, City Clerk Minutes — December 3, 2019