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HomeMy WebLinkAbout01/14/2020 MINBEAU-MONT T E X A S M I N U T E S- CITY OF'BEAUMONT W.L. Pate, Jr., At -Large BECKY AMES, MAYOR Randy Feldschau, At -Large Taylor S. Neild, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel, Ward III JANUARY 14, 2020 Robin Mouton, Mayor Pro Tem 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 January 14, 2020, 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 Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Vernon Tubbs with -First Full Gospel Baptist Church 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 Neild, 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 items 1/Consent Agenda None CONSENT AGENDA * Approval of minutes — December 17, 2019 Confirmation of board and commission member appointments — Resolution 20-001 Confirmation of committee appointments — Dayna Simmons would be appointed to the Convention and Tourism Advisory Board. The term would commence January 14, 2020 and expire September 30, 2021. (Councilmember Randy Feldschau) Minutes — January 14, 2020 A) Approve the renewal of an annual maintenance agreement with CentralSquare related to software used by Police, Fire, and EMS — Resolution 20-002 B) Approve the purchase of upgraded firewall equipment for use city wide to improve cyber security — Resolution 20-003 C) Approve a payment to Jefferson County related to a maintenance agreement with Motorola to support the 800 MHz radio system — Resolution 20-004 D) Approve the purchase of Self -Contained Breathing Apparatus and the purchase of an Air Pack testing machine for use by the Fire Department — Resolution 20-005 E) Approve a contract for interior repairs at a City building located at 5250 Washington Boulevard — Resolution 20-006 F) Approve a contract for interior repairs at Fire Station No. 5 — Resolution 20-007 G) Approve a contract for interior repairs at Fire Station No. 10 — Resolution 20-008 H) Authorize the City Manager to renew an annual service agreement for potable water with Lucite International, Inc. — Resolution 20-009 1) Authorize the acceptance of a 1410.93 square foot exclusive Drainage Easement located at 4305 Calder Avenue — Resolution 20-010 J) Authorize the settlement of the claim of Carlotta Nicklas — Resolution 20-011 K) Authorize the City Manager to designate Chris Boone, Director of Planning & Community Development, as the Certifying Officer of HUD Environmental Reviews — Resolution 20-012 L) Authorize the settlement of the lawsuit styled David Franklin and Joshua Fontenot v. Fernando Beltran and City of Beaumont; Cause No. B-201,696 — Resolution 20-013 Councilmember Samuel 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 an ordinance authorizing the suspension of the effective date of the Texas Gas Service proposed rate increase until May 6, 2020. Minutes — January 14, 2020 On December 20, 2019, Texas Gas Service filed its Statement of Intent to increase rates with the Gulf Coast Service Area, Central Texas Service Area, and the City of Beaumont. The company is also requesting to consolidate the Gulf Coast and City of Beaumont Service Areas with the much larger Central Texas Service Area resulting in a single Central Gulf Service Area. The increase requested is approximately $17 million in the combined CTSA, GCSA and Beaumont Service Areas with the proposed effective date of February 6, 2020. The proposed increase attributable to the Gulf Coast Service Area and Beaumont Service Area is about $1.2 million combined. According to the company, the potential monthly customer impact of the proposed rate change for Beaumont, excluding the cost of gas, is $3.08 for a residential customer and $29.96 for a commercial customer. The City of Beaumont has one residential customer and one commercial customer serviced by the Texas Gas Service. The proposed ordinance authorizes the suspension of the effective date of the requested increase to May 6, 2020. The suspension will allow time for the City to review the request and make an informed recommendation to the Council as to what ultimate decision should be made. The issue as to the consolidation of the Beaumont Service area with the Central Texas Service Area will also be addressed. The ordinance also provides for authority to join with other cities in the Texas Gas Service Areas to retain legal counsel and rate consultants, participate in any judicial or administrative proceedings, and to seek reimbursement for rate case expenses from the company. All reasonable expenses associated with rate cases are reimbursable by the company. Approval of the ordinance Councilmember Neild moved to ADOPT 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 TEXAS GAS SERVICE COMPANY IN CONNECTION WITH ITS STATEMENT FOR INTENT TO INCREASE RATES FOR ITS GULF COAST SERVICE AREA, CENTRAL TEXAS SERVICE AREA, AND THE CITY OF BEAUMONT, FILED ON DECEMBER 20, 2019; AUTHORIZING 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 RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 20-001 Minutes—January 14, 2020 WORK SESSIONS Review and discuss a request from the Beaumont Children's Museum Amanda Yarbrough, Executive Director of the Beaumont Children's Museum discussed a request from the museum. Ms. Yarbrough stated that the Children's Museum recently discussed taking over the old Sear's Warehouse building at 125 Magnolia St., as the future site of a newer expanded Children's Museum with the City of Beaumont and is grateful for the opportunity to review the structure and complete a feasibility study. The museum has selected Long Architecture to evaluate the warehouse to function as a new museum and additional city storage/usage. Long Architect will also determine the cost required to renovate the building to meet code, have accessible (ADA) and change the building occupancy requirements. Long Architecture is planning to complete the analysis on the full renovations. The cost of the comprehensive conditions survey and analysis by Long Architecture is $20,500.00. The Beaumont Children's Museum would like to ask the City of Beaumont to assist with funding half the costwhich would be $10,250.00. This comprehensive surveywill provide useful information not only to the children's museum but also to the City of Beaumont for other possible types of use for the future shared space. Following the study, there will be a better understanding of improvement cost, life of the building and future maintenance cost to operate this building with occupants. Council gave their approval with all Councilmembers in agreement to assist with half the funding cost of $10,250.00 for the comprehensive survey and analysis by Long Architecture. * Review and discuss the City's efforts related to litter removal Kyle Hayes, City Manager reviewed and discussed the City's efforts related to littler removal. The City Manager stated that the Highway Maintenance Division has one (1) supervisor, five (5) full time equipment operators, five (5) full time laborers and six (6) temporary employees as needed. The work days are Monday through Friday, the area of work is 1-10 and 69 throughout the city limits. The cost in FY 2019 was $475,000.00 with TxDOT reimbursing the city on a quarterly basis with an estimated cost of $180,000.00 annually. The City Manager also discussed the Streets and Drainage Division, which has a five (5) person volunteer crew that picks up litter and debris along 1-10 and 69 on Tuesday and Thursday mornings. The 'costs for overtime in FY 2019 was $60,000.00. There is also a Streets and Drainage Hot Shot Crew. This crew was approved by the City Council in the FY 2020 budget. Equipment has been ordered and expected to be delivered in February, there will also be two (2) full-time employees who will be hired. The estimated cost for FY 2020 for this crew and equipment will be $155,000.00. The objective is to clean up problem areas within the right of ways, throughout the City. The Solid Waste Division has six (6) temporary employees who pick up litter and debris Monday through Friday, they pick up along designated streets throughout the City. The FY 2019 cost was $120,000.00. There was also discussion regarding a contract with Work Quest. This will provide litter pick up on specified arterial streets citywide, with an annual cost of $155,000.00, as well as litter removal and trash pick up at bus stop locations, with an annual cost of $50,000.00. This will also Provide grounds maintenance and litter pick up in the Central Business District at defined locations, with an annual cost of $165,000.00. Minutes—January 14, 2020 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) Steve Hoffman 7045 Blarney St. Beaumont TX Made comments regarding the litter as well as Public Service Announcements, asked why the overhead lighting always seems to be out when coming over Neches Bridge into Beaumont, knows that it's a TxDOT issue but thought the City could speak with them regarding this, also wanted to know if TxDOT decided to do lights on Pointe Parkway, commented on the noise issue with Little Woodrow's, citizens that live behind them are really having a problem, asked if Police Officers that have the sound meters could be called out to monitor the noise to see if it's crossing the property line or not Joe Gregory 1248 Avenue A Beaumont TX Stated that he would like Councilmembers that are friends of his to write him a letter of character regarding a citation that he received in the Avenues where he lives, stated that he got stopped unnecessary and will be going to visit the judge Marvin Biano 8152 South Dr. Beaumont TX Stated that he's representing 11th Street bingo, addressed an issue with House Bill 914, the intent of Bill 914 was to allow organizations that rely on charitable bingo for funding the opportunity to keep a portion of the prize fees that are paid to the Cities and Counties in which bingo games are conducted, stated that he has a copy of the letter that was sent to the lottery commission by the bill sponsor Representative Senfronia Thompson outlining the intent of the legislation, the letter states that the lottery commission will no longer collect and distribute the funds, it's now the responsibility of the City of Beaumont to collect these prize fees directly from the charities, the lottery commissions records indicate that the City of Beaumont voted to continue receiving these funds, respectfully ask that the City reconsider their vote and allow the charitable organizations to keep the funds for their charitable purposes as House Bill 914 intended, stated that the lottery commission allows the City to change their vote at any time without notifying them, if the City votes to no longer accept the funds, the impact to the city's revenue would be extremely small about ($70;000.00 a year), the funds can help the charities with operating expenses and allow more funds for charitable purposes Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - ANNOUNCED THE WINTER FLY IN AT MUNICIPAL AIRPORT FROM 11:00 A.M. TO 3:00 P.M., THERE WILL BE FOOD TRUCKS AND OTHER VENDORS ALONG WITH A LOT OF AIR PLANES, ENCOURAGED FAMILIES TO COME OUT BRING THE KIDS, STATED THAT THE 2020 CENSUS IS STARTING TO HEAT UP, ASKED THAT THE PLANNING AND ZONING DIRECTOR, CHRIS Minutes — January 14, 2020 BOONE GIVE COUNCIL AN UPDATE AS TO WHAT THE CITY IS DOING AND WHAT THE COUNCIL'S ROLE IS AND WHAT THEY CAN DO TO PARTICIPATE COUNCILMEMBER GETZ - STATED THAT THE CITY COUNCIL RECEIVED A LETTER THIS WEEK FROM THE COUNCIL OF GARDEN CLUB REGARDING THE FERAL HOG SITUATION AS WELL AS THE PROPOSAL FOR A FENCE AT THE BOTANICAL GARDENS, ASKED THE CITY MANAGER WHAT IS THE STATUS REGARDING THE FENCING, STATED THAT HE THINKS THE FENCING WOULDN'T BE ENOUGH AS IT WILL ONLY MOVE THE HOGS TO A DIFFERENT LOCATION IN THE PARK, FEELS THAT THE CITY SHOULD HIRE TRAPPERS LIKE OTHER COUNTIES AND OTHER ENTITIES ARE DOING, COMMENTED ON GAME ROOMS, STATED THAT THERE ARE A LOT OF PROBLEMS WITH THE GAME ROOMS, THE DISTRICT ATTORNEY HAS GOTTEN THE COUNTY TO PASS A GAME ROOM ORDINANCE WHICH IS MUCH TOUGHER THAN WHAT THE CITY HAS IN PLACE, STATED WHAT HE WOULD LIKE TO DO IS TO REQUEST A WORKSESSION AND HAVE THE DISTRICTATTORNEY OR SOMEONE FROM HIS STAFF COME IN AND EXPLAIN IN CONTRAST THE DIFFERENCES BETWEEN THE COUNTY AND CITY ORDINANCE AND TO FIND OUT IF THERE WOULD BE SUPPORT FOR CHANGING THE CITY ORDINANCE TO TOUGHEN IT UP COUNCILMEMBER FELDSCHAU - NONE MAYOR PRO TEM PATE - COMMENTED ON THE NEW YEAR AND THAT THE VISION OF THE COUNCIL WILL BE BETTER THIS YEAR THAN LAST YEAR, THANKED THE PASTOR FOR THE OPENING PRAYER, ALSO COMMENTED ON LAMAR UNIVERSITY AND THEIR HIGHLIGHTING THE CITY OF BEAUMONT'S POLICE CHIEF JAMES SINGLETARY AS AN OUTSTANDING ALUMNF COUNCILMEMBER SAMUEL - SECOND EVERYTHING COUNCILMEMBER PATE SAID COUNCILMEMBER MOUTON - WISHED EVERYONE A HAPPY NEW YEAR, THANKED PASTOR TUBES FOR THE BEAUTIFUL. OPENING PRAYER, ANNOUNCED THE MLK PARADE, ON SATURDAY, JANUARY 18, 2020 CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - COMMENTED ON THE REENACTMENT OF THE SPINDLETOP GLADYS CITY LUCAS GUSHER, THEY CELEBRATED 119 YEARS ON SATURDAY, JANUARY 11, 2020, ALSO COMMENTED ON THE RECEPTION/BANQUET FOR POLICE CHIEF JAMES SINGLETARY FOR OUTSTANDING ALUMNI AS WELL AS THE NEW OFFICERS THAT WERE SWORN IN, ANNOUNCED THE MLK PARADE ON THIS SATURDAY, ENCOURAGED EVERYONE TO COME OUT, Minutes — January 14, 2020 SPOKE ON MARDI GRAS AND ALL OF THE PARADES ETC., THAT WILL TAKE PLACE DURING THE CELEBRATION ON FEBRUARY 20 THROUGH THE 23, 2020, ALSO SPOKE ABOUT THE 2020 CENSUS, ENCOURAGED EVERYONE TO TAKE PART IN THE CENSUS, IT'S VERY IMPORTANT THAT EVERYONE IS COUNTED Open session of meeting recessed at 2:58 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 Brandy Springer, et al v. City of Beaumont and CH2M Hill Engineers, Inc.; Cause No. B-198,469 Claim of ExxonMobil Oil Corporation v. City of Beaumont no a9tion taken in Executive Session, Council adjourned. r - Tina Broussard, City Clerk LU Y 1 T E2 Minutes — January 14, 2020