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MIN DEC 10 2019Charles Taylor would be appointed to the Community Development Advisory Committee. The term would commence December 10, 2019 and expire September 30, 2021. (Councilmember Audwin M. Samuel) Sondra Nelson would be appointed to the Convention and Tourism Advisory Board. The term would commence December 10, 2019 and expire September 30, 2021. (Councilmember Audwin M. Samuel) Bill Bianchi would be appointed to the Convention and Tourism Advisory Board. The term would commence December 10, 2019 and expire September 30, 2021. (Councilmember Audwin M. Samuel) Janelle Templeton would be appointed to the Historic Landmark Commission. The term would commence December 10, 2019 and expire September 30, 2021. (Councilmember, Mike Getz) Belinda Taylor would be appointed to the Library Commission. The term would commence December 10, 2019 and expire September 30, 2021. (Councilmember Audwin M. Samuel) Sharlene Rhone would be appointed to the Parks and Recreation Advisory Committee. The term would commence December 10, 2019 and expire September 30, 2021. (Councilmember Audwin M. Samuel) Johnny Beatty would be appointed to the Planning and Zoning Commission. The term would commence December 10, 2019 and expire September 30, 2021. (Councilmember Audwin M, Samuel) Lauren Williams Mason would be appointed as an Alternate to the Planning and Zoning Commission. The term would commence December 10, 2019 and expire September 30, 2021. (Mayor Becky Ames) Corey Crenshaw would be appointed as an Alternate to the Planning and Zoning Commission. The term would commence December 10, 2019 and expire September 30, 2021. (Mayor Becky Ames) James Reed would be appointed to the Police Department Community Advisory Committee. The term would commence December 10, 2019 and expire September 30, 2021. (Councilmember Audwin M. Samuel) Sandy Pate would be appointed as an Alternate to the Board of Adjustment (Zoning). The term would commence December 10, 2019 and expire December 9, 2021. (Mayor Becky Ames) A) Approve a contract with McGriff, Seibels & Williams Inc., of San Antonio for workers' compensation excess insurance - Resolution 19-282 B) Approve a resolution rejecting all bids received for the Sewer Manhole Replacement and Frame/Cover Adjustment Work Order Contract - Resolution 19-283 C) Authorize the City Manager to execute Change Order No. 4 to the contract with Excavation & Construction, LLC for the Chlorination Contact Chamber Rehabilitation Project - Resolution 19-284 Minutes — December 10, 2019 D) Authorize the City Manager to execute Change Order No. 1, . accept maintenance, and authorize final payment to T Construction, LLC for the Amelia Area and Sherwood Drive Pipe Bursting — Phase II Project - Resolution 19-285 E) Authorize the City Manager to execute Change Order No. 2, accept maintenance, and authorize final payment to CleanServe, LLC for the Sewer Evaluation Work Order Contract - Resolution 19-286 F) Authorize the City Manager to execute an agreement with Fiberlight LLC for the placement of fiber optic cable in public rights-of-way - Resolution 19-287 Councilmember Neild moved to approve the Consent Agenda. Mayor Pro Tem Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NIELD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a request for an Amended Specific Use Permit to allow the expansion of a bar in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 6210 Phelan Boulevard. L.W. Beaumont, LLC received a Specific Use Permit to allow a sports bar at 6210 Phelan Boulevard in October 2018. The plans called for the use of the interior space as well as a covered area. An application for a building permitwas submitted forthe restaurant/barwhich included a 4,024 square foot interior area and a 2,912 square foot covered patio area, with no exterior seating shown. The registered design professional, H.M. McLeod, estimated the occupancy at 395 which was within the 428 max occupant allowance according to the 2015 International Building Code. Following interior demolition of the space, permit #18-3843 was approved for the restaurant/bar. During a final inspection, unapproved changes/alterations were found that were not shown on the original, permitted plan set. The major change from the original approved plan submission was the expansion and improvements to the grassy area outside of the covered patio area. A fence was extended to allow for additional customer seating and customer activities. This additional customer area required additional means of egress within the fenced in area. This required multiple conversations with the design professional as the owner was concerned about controlled access to his business versus the required emergency egress to meet code. Multiple plan revisions were submitted for consideration. Three occupant loads were specified by the applicant's design professional_for the temporary occupancy of the building. The interior building was calculated at 200 people, the outside covered patio was calculated at 209 people, and the uncovered grass area was calculated at 381 people. Also, during the plan revision process further discussions revealed that Little Woodrow's was operating as more of a bar which served food, rather than a bar/restaurant. This reclassification of use would require Little Woodrow's to add additional plumbing fixtures Minutes — December 10, 2019 to the facility. An application for a new building permit was submitted by Classic Construction to add ten additional bathroom fixtures and four additional lavatories to meet a new proposed occupancy count of 700. The permit was placed on hold for consideration by the Planning Commission and City Council. Little Woodrow's is located at the southeast most tip of the Colonnade Shopping Center. As a requirement for the original Specific Use Permit, screening and a masonry wall were installed. The new addition will be approximately 1,500 square feet and include new cooler/storage space and additional restrooms to accommodate the additional occupancy and seating area. This addition will be located along the east side of the building providing an additional buffer from noise for the adjacent residential neighborhood. With regard to parking, it should be noted that concerns have been raised by other tenants about the availability of adequate parking. It should also be noted that the calculation of occupancies is set forth in the Building, Fire and Plumbing Codes, whereas the calculation of required off-street parking is set forth in the Zoning Ordinance, reviewed by the Engineering Department. A parking analysis was conducted as part of this revised Specific Use Permit. It found that while demand for the parking spaces at the interior of the shopping center is high, the minimum of spaces has been provided at the shopping center, albeit some spaces are located farther afield at the perimeter of the shopping center. At a Joint Public Hearing held on October 21, 2019, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow the expansion of a bar in a GC - MD (General Commercial -Multiple Family Dwelling) District with the following conditions: 1. Install an eight foot (8') tall opaque perimeter fence. 2. Keep litter in direct area of subject property contained. 3. No live music allowed. The Zoning Ordinance states, "The City Council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a Specific Use Permit where a protest against such change (has been filed), signed by the owners of twenty percent (2094o) or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by the favorable vote of three-fourths (3/4) of all the members of the City Council." Protest against this request was received from more than 25% of the land immediately adjoining the subject property. Therefore, a vote of three-fourths (3/4) of the City Council shall be required to approve the requested Specific Use Permit. In an effort to mitigate the impact of the business on surrounding land uses, the applicant has offered to limit the number of occupants to four hundred (400). During additional review of this application, it was found that the site plan submitted did not match what currently exists at the site, especially with regard to the parking lot layout and the number of available parking spaces. Given this fact, the best course of action would be for the applicant to submit a corrected site plan, reflecting the parking layout that exists along with any proposed modifications to the parking lot layout for additional review by the Minutes — December 10, 2019 Engineering Division. This review could then be presented to the Planning Commission for additional review. Council waive the sixty (60) day time limit for consideration of the application, require a corrected site plan and a detailed accounting of the leasable floor area of the shopping center from the applicant and return the application to the Planning Commission for further review. Mayor Pro Tem Pate moved to RESCIND THE ACTION OF COUNCIL ON NOVEMBER 12, 2019, DENYING THE APPLICATION, WAIVE THE SIXTY (60) DAY TIME LIMIT FOR CONSIDERATION OF THE APPLICATION, REQUIRE A CORRECTED SITE PLAN AND A DETAILED ACCOUNTING OF THE LEASABLE FLOOR AREA OF THE SHOPPING CENTER FROM THE APPLICANT AND RETURN THE APPLICATION TO THE PLANNING COMMISSION FOR FURTHER REVIEW. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED 2. Consider authorizing the City Manager to award a contract to Vortex Turnkey Solutions, LLC, of Houston, for the Old Town Area Pipe Bursting Contract. The Old Town area is located in the central area of the city. This project will call for the replacement of designated pipe segments in these areas by means of pipe bursting, along with replacing manholes and service lines. On November 7, 2019, seven (7) bids were received for furnishing all labor, materials, equipment, and supplies for the project. The bid totals are indicated in the table below: Contractor Contractor Location Total Base Bid Allowance Total Award Amount Vortex Turnkey Solutions, LLC Houston, TX $949,962.50 $50,000.00 $999,962.50 Texas Pride Utilities, LLC Houston, TX $977,050.00 $50,000.00 $1,027,050.00 King Solutions Services, LLC Houston, TX $1,001,825.00 $50,000.00 $1,051,825.00 T Construction, LLC Houston, TX $1,075,955.00 $50,000.00 $1,125,955.00 PM Construction & Rehab, LLC Pasadena, TX $1,277,185.00 $50,000.00 $1,327,185.00 Horseshoe Construction, Inc. La Porte, TX $1,502,950.00 $50,000.00 $1,552,950.00 JABAR Corporation . East Calhoun, LA $1,925,777.40 $50,000.00 $1,975,777.40 Engineer's Estimate $1,275,084.38 $50,000.00 $1,325,084.38 Based on a review of the bids and required documents received, the Water Utilities Department recommends awarding the project to the lowest bidder, Vortex Turnkey Solutions, LLC, in the amount of $999,962.50. A total of 180 calendar days are allocated for the completion of this project. Funds will come from the Capital Program. Minutes — December 10, 2019 Approval of the resolution. Councilmember Neild moved tO APPROVEA RESOLUTION APPROVING THE AWARD OF A CONTRACT TO VORTEX TURNKEY SOLUTIONS, LLC, OF HOUSTON, TEXAS, IN THE AMOUNT OF $999,962.50, FOR THE OLD TOWN AREA PIPE BURSTING PROJECT AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH VORTEX TURNKEY SOLUTIONS, LLC, OF HOUSTON, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 19-288 3. Consider approving a six-month contract for the purchase of sodium hydroxide from TDC, L.L.C. of Houston, for use by the Water Utilities Department. Sodium hydroxide is used to purify the City's water supply. The Water Utilities Department expects to purchase approximately five hundred (500) dry tons of this material during the term of this contract. Formal bids were requested from nine vendors; five responded. TDC, L.L.C. responded with a bid of $410.00 per ton and a total estimated amount of $205,000. This represents an $253/ton or (38%) decrease in the price of this material over the last contract. Specifications allow for a six-month contract with the option of two renewals of six-month terms at the same pricing as the awarded contract. TDC, L.L.C., has previously held this contract. There are no local vendors of this commodity. Funds will come from the Water Utilities Fund. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION FOR THE BID SUBMITTED BY TDC, L.L.C., OF HOUSTON, TEXAS, FOR A SIX (6) MONTH CONTRACT, WITH THE OPTION OF TWO (2) RENEWALS OF SIX (6) MONTH TERMS AT THE SAME PRICING AS THE AWARDED�CONTRACT, FOR THE PURCHASE OF SODIUM HYDROXIDE FOR AN ESTIMATED TOTAL EXPENDITURE OF $205,000.00 BE ACCEPTED BY THE CITY OF BEAUMONT AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH TDC, L.L.C., OF HOUSTON, TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NIELD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Minutes — December 10, 2019 Resolution 19-289 WORK SESSION * Review and discuss installing a perimeter fence around the Botanical Gardens located at Tyrrell Park Kyle Hayes, City Manager reviewed and discussed installing a perimeter fence around the Botanical Gardens located at Tyrrell Park. The City Manager gave some history of the Botanical Gardens due to two new Councilmembers, he stated that the City of Beaumont owns the Botanical Gardens and has a long relationship with what is known as the Beaumont Council of Garden Clubs, it's his understanding that there might be thirteen (13) or fourteen (14) clubs that are part of that Council of Garden Clubs. The City of Beaumont has a five (5) year agreement with the Garden Clubs that ends in 2021 and pays them $2,000.00 a month to help with expenses. There has been an ongoing problem with hogs on the property, the City has looked at hiring trappers but had issue with that, the other option would be putting a fence around the property. The Manager stated that he met with the Council of Garden Clubs within the last year and informed them that the City would go to Council and see if they would approve to pay for half of the fencing and the Garden Clubs would pay the other half, at that time the cost of the fencing was $50,000.00 and now it's $60,000.00. The Garden Clubs met and came back and stated they wouldn't pay half. The Manager informed Council that the lease agreement states that the Garden Clubs should pay for the fence. If Council wants the City to pay for the fence since the City owns the property that could be reviewed. The fence is 6ft tall chain link fence with a bottom pipe rail with a 12 -inch wide concrete maintenance strip at the bottom that should keep the hogs out. The City Manager, informed Council that since this is outside of the lease agreement the expense can be paid out of the Capital Program, it isn't a budgeted item but there's available funds 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) Pastor Carl Tyler, Jr. 5230 Abilene St. Beaumont TX Invited Council to a seminar "Vision 2020" that will be held at Lamar University's Montagne Center, Cardinal Club Room, December 16 and 17, 2019, there will be speakers addressing business, bookkeeping, access to capital, contracting opportunities, growing your business, payroll, fix and flip, new construction, financing and much more, citizens can register at evite.com or contact Pastor Carl Tyler at 409-281-832-3412 Sharon Odegard 6 Stradford Dr. Orange TX Spoke to Council regarding the Beaumont Council Garden Clubs, thanked the City for all of their help especially after Hurricane Imelda, stated that the reason the Club turned down the offer to pay half of the fee for the fence was due to the lack of funds, most of their funds come from private donations, it cost about $300,000.00 dollars a year to run the Botanical Gardens, what's included in the amount is salaries and purchasing plants, the plants have to Minutes — December 10, 2019 be replaced to keep the garden top notch, stated that the hogs are a huge problem as well as a safety hazard, something needs to be done Brenda Beadle 1135 Cole Dr. Beaumont TX Spoke to Council regarding the fencing at the Botanical Gardens, understands that Council isn't responsible for the installation of the fence, stated that she can't ask the members to come back out there, do more work and put more money into the garden until the hog problem is taken care of, there has been discussion as to what can be done to get rid of the hogs, the fence would give the best protection, asked that Council please consider funding the fence and bringing it to the building because there is a problem with people entering the grounds after hours Marco Hernandez/Daniel Arevalo 2556 Angelina Beaumont TX Presented a $500.00 check to the city from a second tournament fundraiser that was held on November 24, 2019, it's their hope that the check will be an investment to the city for upgrades to the court in which they had their tournament, it's their hope and desire that bleachers can be added as well as new netting and a rebound wall that everyone can enjoy, they are planning on having future tournaments Jeremy Pavalich 695 Chamberlin Dr. Beaumont TX Announced a Workforce Development Program that will be held on Thursday, December 12, 2019, at 8:00 a.m., at Pipefitters Local 211, 3194 Highway 69 N, Nederland, TX, citizens that meet the criteria can come enroll into the program, those that graduate will earn a CPR, MC3 and Osha 10 Certification, encouraged those that are interested to attend, no registration needed Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER MOUTON - THANKED THE JUNIOR LEAGUE OF BEAUMONT FOR A GREAT MAIN STREET MARKET, IT WAS WELL ATTENDED WITH WONDERFUL VENDORS COUNCILMEMBER SAMUEL - STATED THAT HE HAD AN OPPORTUNITY TO REVIEW THE VIDEO OF THE FIGHT THAT TOOK PLACE AT MCDONALD'S ON DOWLEN RD., NEAR PARKDALE MALL OVER THE WEEKEND, SOME WILL SEE IT AS TEENAGERS FIGHTING, WHAT HE SEES IS THAT SOMEONE COULD HAVE FALLEN HIT THEIR HEAD OR BEEN KILLED, SOMEONE COULD HAVE PULLED OUT A HANDGUN, EVEN SOMEONE WITH A LICENSE TO CARRY A HANDGUN AND SHOT AND -HIT AN INNOCENT BYSTANDER, IT'S EASY TO WALK AWAY, TURN ONES HEAD AND NOT SAY ANYTHING AND NOT WANT TO GET INVOLVED, STATED THEY CAN'T AFFORD TO DO THAT, RATHER THAN POINTING THE FINGER IN BLAME EVERYONE WILL HAVE TO COMMUNICATE AND UNDERSTAND WHY, STATED THAT HE GETS WEARY BUT HE CAN'T CHANGE Minutes — December 10, 2019 ANYTHING BY HIMSELF, A GROUP CAN MAKE A CHANGE AND THAT'S WHAT HAS TO BE TO BE DONE MAYOR PRO TEM PATE - COMMENTED ON THE CITIZENS THAT SPOKE EARLIER, THEY ARE AN EXAMPLE OF CITIZENS THAT GIVE BACK TO. THE COMMUNITY, THAT'S ONE OF THE THINGS THAT MAKES BEAUMONT SPECIAL, APPRECIATES THOSE FROM THE GARDEN CLUB FOR ATTENDING THE MEETING AND INFORMING COUNCIL ON EVERYTHING THAT IS DONE TO MAKE THE BOTANICAL GARDENS AS BEAUTIFUL AS IT IS COUNCILMEMBER FELDSCHAU - ASKED THE CITIZENS TO BE IN PRAYER, STATED THAT HE JUST RECEIVED A TEXT THAT THERE WAS AN ACTIVE SHOOTER REPORTED IN JERSEY CITY, NEW JERSEY, A POLICE OFFICER WAS SHOT IN THE HEAD, USED THIS AS AN OPPORTUNITY TO REMIND EVERYONE NOT TO JUST PRAY FOR THAT COMMUNITY BUT TO SUPPORT LOCAL LAW ENFORCEMENT, ASKED THAT EVERYONE PLEASE BE CAREFUL DURING THIS HOLIDAY SEASON ESPECIALLY THE LADIES WHEN THEY ARE OUT IN THE PARKING LOTS AT NIGHT, ENCOURAGED EVERYONE TO PAY ATTENTION, SO OFTEN AFTER THESE SHOOTINGS IT'S DISCOVERED THAT THE INDIVIDUALS HAVE SAID THINGS OR MADE THREATS, THEY SHOW SIGNS OF STRANGE BEHAVIOR, IF ANYONE SEES SOMETHING SAY SOMETHING EVEN IF IT'S A FAMILY MEMBER OR FRIEND COUNCILMEMBER GETZ - STATED THAT THE BOTANICAL GARDENS IS A HIDDEN GEM, A LOT OF PEOPLE IN BEAUMONT MAY HAVE NEVER BEEN OUT TO THE GARDEN, STATED HOW BEAUTIFUL IT IS, CAN ONLY IMAGINE THE FRUSTRATION TO FIND HOGS HAVE COME IN AND TORN EVERYTHING UP, IT'S HIS PRAYER THAT A SOLUTION CAN BE FOUND, IF IT'S A FENCE THEN SO BE IT, HOPEFULLY COUNCIL WILL LOOK AT THIS AND COME UP WITH SOMETHING THAT'S WORKABLE, COMPLIMENTED STAFF ON A TREMENDOUS TREE LIGHTING CEREMONY THAT WAS HELD AT THE EVENT CENTRE ON WEDNESDAY, DECEMBER 4, 2019, IT WAS A GREAT TURNOUT, COMMENTED ON MARDI GRAS THAT WILL BE COMING TO TOWN ON NEXT YEAR, ASKED IF THE CITY MANAGER WOULD LOOK AT THE POSSIBILITY OF ENHANCING SOME OF THE STOP SIGNS THAT HAVE REPLACED SOME OF THE SIGNAL LIGHT INTERSECTIONS, DOES SUPPORT THE IDEA OF REMOVING TRAFFIC LIGHTS AT INTERSECTIONS WHERE THERE IS VERY LITTLE CROSS TRAFFIC, CITIZENS ARE GOING THROUGH THOSE INTERSECTIONS WHERE STOP SIGNS HAVE REPLACED TRAFFIC LIGHTS AND NOT STOPPING, KNOWS THAT THERE PLACES IN THE CITY THAT HAVE STOP SIGNS WITH SOLAR POWERED FLASHING LIGHTS, THEY ARE VERY INEXPENSIVE AND THINKS THAT THEY COULD DO A LOT TO ENHANCE THE SAFETY AT SOME OF THE INTERSECTIONS, ASKED IF THE MANAGER WOULD CHECK ON THE COST, ANNOUNCED THE Minutes — December 10, 2019 ` DOWLEN/WEST NEIGHBORHOOD ASSOCIATION MEETING ON TUESDAY, DECEMBER 10, 2019, AT THE ROGERS PARK COMMUNITY CENTER STARTING AT 6:30 P.M. COUNCILMEMBER NEILD - NONE CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - COMMENTED ON THE EXPLOSION THAT OCCURRED ON LAST WEEK IN PORT NECHES, THANKED EMERGENCY MANAGEMENT DIRECTOR TIM OCNASCHEK AND FIRE CHIEF EARL WHITE WHO ASSISTED PORT NECHES DURING THE INCIDENT, ALSO COMMENTED ON THE TREE LIGHTING CEREMONY AS WELL AS THE EMPLOYEE CHRISTMAS DINNER ON THAT NIGHT, BOTH WERE WELL ATTENDED, VERY EXCITED ABOUT MARDI GRAS COMING NEXT YEAR WHICH WILL BE A THREE DAY EVENT, ANNOUNCED A BENEFIT PLATE LUNCH FOR BEAUMONT PARAMEDIC KENAN WHITE WHO WAS INJURED, ON THURSDAY, DECEMBER 12, 2019 AT THE BEAUMONT EMS STATION NO. 2, 3020 MUNICIPAL DR., FROM 10:30 A.M. TO 1:30 P.M., THE COST WILL $10.00 A PLATE OR DONATION, ASKED THAT EVERYONE PLEASE HELP HIM IN HIS RECOVERY Open session of meeting recessed at 2:21 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: David Franklin and Joshua Fontenot v. Fernando Beltran and City of Beaumont; Cause No. B-201,696 Chasity Guidry, et al vs. Daniel Guillory and City of Beaumont; Cause No. D-203,613 eing no Action taken in Executive Session, Council adjourned. IATii 1- iriffe i Tina Broussard, City Clerk Minutes — December 10, 2019