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HomeMy WebLinkAbout08/18/2020 MINBEAUMONT T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING W.L. Pate, Jr., At -Large BECKY AMES, MAYOR Randy Feldschau, Mayor Pro Tern Taylor Neild, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward If Audwin Samuel, Ward III August 18, 2020 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 August 18, 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 items 1-2/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Michael Cooper with the Church I Am, gave the invocation. Mayor Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were MayorAmes, Mayor Pro Tern Feldschau, Councilmembers Neild, Getz, Pate, 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 1-3/Consent Agenda CONSENT AGENDA. * Approval of minutes — August 11, 2020 Confirmation of committee appointments — None A) Approve the renewal of an annual maintenance agreement with SirsiDynix for the Library System — Resolution 20-169 Minutes —August 18, 2020 B) Authorize the City Manager to execute Change Order No. 1, accept maintenance, and authorize final payment to Brystar Contracting, Inc., for the Cartwright Avenue and Goliad Street Storm Sewer Drainage Repair Project — Resolution 20-170 C) Authorize the City Manager to execute Change Order No. 1 to the contract with T. Construction, LLC, for the Helbig Road Pipe Bursting Contract Project — Item Pulled D) Authorize the City Manager to execute Change Order No. 1, accept maintenance, and authorize final payment to Gulf Coast, a CRH Company, for the Pine Street Asphalt Resurfacing Project — Resolution 20-171 Councilmember Samuel moved to approve the Consent Agenda. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED GENERAL BUSINESS Consider an ordinance granting a new solid waste franchise agreement with Neches Management Services. 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. Nine entities currently have nonexclusive franchise agreements with the City and are doing business in this area. Neches Management Services has requested that the City Council grant the company such franchise agreement. Neches Management Services manages construction and disposal services for clients locally with an office at 1440 Spindletop Ave. 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 first reading. A franchise fee of seven percent (7%) of gross receipts will be paid to the City. Approval of the ordinance. Minutes —August 18, 2020 Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO NECHES MANAGEMENT SERVICES. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 20-038 2. Consider a resolution approving a contract to replace the computer equipment for the back- up generators at the Surface Water Treatment Plant. The Pine Street Surface Water Treatment Plant maintains three generators as back-up power sources. Components of the computer hardware and software to properly operate the generators are outdated and require replacement. The Programmable Logic Controllers, Human -Machine Interfaces, and Transducers will be replaced and tested under this project. Mustang CAT of Beaumont is the sole -source vendor for the purchase and installation of this equipment. The project will cost $268,880. Funds will come from the Capital Program. Approval of the resolution. Councilmember Mouton moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH MUSTANG CAT, OF BEAUMONT, TEXAS, A SOLE SOURCE PROVIDER, IN THE AMOUNT OF $268,880.00, FOR THE PURPOSE AND INSTALLATION OF UPDATED COMPUTER HARDWARE AND SOFTWARE FOR THE BACK-UP GENERATORS LOCATED AT THE PINE STREET WATER TREATMENT PLANT. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 20-172 PUBLIC HEARING * Dangerous Structures Public Hearing Open: 1:43 p.m. Randy Moore 2060 Nora St. Beaumont TX Item #31 2055 Nora Minutes —August 18, 2020 Henry R. Ware 2160 Cashmere Port Arthur, TX Item #18 2829 5th St. Bryant Tolmore 758 Campus St. Beaumont TX Item #9 758 Campus St. Mayank Vadher 6315 Madera Ln. Beaumont TX Item #27 7360 Lewis Gary Vaughn 8115 San Carlos St. Beaumont TX Item #40 8115 San Carlos William McCullough 2670 FM 92 Silsbee TX Item #11 785-787 Caston Public Hearing Close: 2:05 p.m. 3. Consider an ordinance to declare fifty (50) structures to be unsafe structures and orderthe owners to raze the said structures within ten (10) days. If the property owner fails to comply within ten (10) days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. 1. 893 Alma — rear building only 2. 257 Berry 3. 10597 Black 4. 3325 Blackmon — shed only 5. 1790 Briarcliff 6. 2145 Broadway 7. 1540 Brooklyn 8. 8535 Broussard 9. 758 Campus — includes garage 10.798 Campus — garage only 11.785-787 Caston - duplex 12.1640 Church 13.1458 Church 14.2630 Cox 15.1170 Cottonwood — garage only 16.2450 Delaware — includes shed 17.2640 Cox 18.2829 S. 5th — includes shed Minutes -August 18, 2020 19.2415 Forrest 20.440 E. Gill 21.1055 Grant 22.525 Harriot 23.970 Harriot 24.2375 Harriot 25.5340 Kenneth — includes shed 26.2270 Lela 27.7360 Lewis 28.3605 W Lynwood 29.3670 Mchale 30.2210 Linson 31.2055 Nora 32.440 Neicy 33.1811 011ie 34.985 Oakland — includes shed 35.2410 Potts 36.4580 Pershing — includes shed 37.8110 San Carlos — includes garage 38.7790 San Bruno — shed only 39.8235 San Diego 40.8115 San Carlos — garage only 41.2065 Sarah — includes 2 sheds 42.8270 San Diego 43.3209 Shannon 44.7130 Scotts 45.3632 St James 46.735 Simmons 47.3855 Waco — shed only 48.3875 Waco — includes shed 49.7215 Willis 50.2315 Wilson These structures have been inspected by the Building Codes Division and found to be unsafe structures as defined by the City of Beaumont's Code of Ordinances, Chapter 24, Article 24.04 Unsafe Substandard Structures, Division 1, Sec. 14.04.001 of the 2015 International Property Maintenance Code. Additionally, these structures have deteriorated to a condition that they are no longer considered suitable for repair. Fund sources may include General Funds and Community Development Block Grant (CDBG) funding. Approval of the ordinance. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FINDING STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL OR REPAIR; AS WELL AS TO ALLOW PROPERTY OWNERS OF ITEMS #9, 11, 18, 27, 31 AND 40, TO ENTER INTO A 150 DAY WORK PROGRAM, PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Councilmember Pate seconded the motion. Minutes —August 18, 2020 AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 20-039 COMMENTS Public Comments (Persons are limited to three minutes) Hilda Hilts 3955 Robinson St. Beaumont TX Spoke to Council regarding her property, stated that the city drainage department used her yard as a roadway with dump trucks, diggers etc., due to the city using her yard a hill was made which caused water to flow toward her home, the usage of her property by the city occurred before Hurricane Harvey, stated that her house flooded and she lost everything in the back part of her home, she went to the drainage department between Hurricanes Harvey and Imelda to explain to them what they did to her property, they were supposed to send someone out to her home and no one ever came, her home flooded from Hurricane Imelda, stated that she filed papers with the city for damage her home received from Hurricane Imelda, she received a letter from the city stating they would not fix her property because Harvey was two years ago, stated she didn't file for Harvey she filed for Imelda, the destruction that the city did on her property was never corrected and it still isn't, she can't stay in the home due to the amount of water that the home has received Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER GETZ - STATED THAT THIS PAST WEEK THERE WAS A PLANNING AND ZONING MEETING SCHEDULED AND WASN'TABLE TO CONVENE DUE TO THE LACK OF A QUORUM, UNDERSTANDS THAT IT'S SUMMER AS WELL AS A PANDEMIC, THERE ARE ISSUES THAT NEED TO BE ADDRESSED THAT HE THINKS SHOULDN'T BE PUT OFF UNTIL NEXT MONTH, ASKED THAT CONSIDERATION BE GIVEN TO HAVE A SPECIAL CONVENED PLANNING AND ZONING MEETING EARLIER THAN NEXT MONTH, MAYBE AS EARLY AS NEXT WEEK, MADE COMMENTS REGARDING THE PROPOSED BUDGET FOR FY 2021, REQUESTED THAT THE PROPOSED BUDGET BE LISTED ON THE AGENDA AS AN ITEM FOR DISCUSSION EACH WEEK FROM NOW UNTIL THE TIME THAT COUNCIL VOTES ON THE BUDGET SO THAT IF ANY COUNCILMEMBER HAS QUESTIONS THEY CAN GET ANSWERS IN A PUBLIC SETTING, ANNOUNCED THE VIRTUAL DOWLEN/WEST NEIGHBORHOOD ASSOCIATION MEETING ON AUGUST 18, 2020, COMMENDED ALL INVOLVED WITH THE PLANNING OF OFFICER SHEENA YARBROUGH-POWELL',S FUNERAL, AGAIN GAVE CONDOLENCES TO THE POWELL FAMILY Minutes — August 18, 2020 COUNCILMEMBER NEILD - STATED THAT DURING THE 2020 BUDGET REVIEW SEVERAL COUNCILMEMBERS MENTIONED REVAMPING THE EVALUATION PROCESS FOR THE DIRECT HIRES OF COUNCIL, STATED THAT HE WOULD LIKE TO DISCUSS THIS IN EXECUTIVE SESSION ON NEXT WEEK AHEAD OF THEIR OFFICIAL EVALUATION PROCESS THAT SHOULD BE TAKING PLACE IN THE NEXT FEW WEEKS SO THAT COUNCIL COULD BE BETTER PREPARED, ALSO REQUESTED A WORKSESSION ON CITY CLEANUP EFFORTS, STATED THAT THEY HAVE GOT TO TAKE CONTROL OF THE WAY THE CITY LOOKS RIGHT NOW, COMMENTED ON A PACKET THAT WAS RECEIVED FROM A CITIZEN REGARDING PANHANDLING THAT IS GOING ON AROUND THE CITY, WOULD LIKE TO SEE ANOTHER WORKSESSION ON THIS TO DISCUSS FURTHER MAYOR PRO TEM FELDSCHAU - AGREED WITH COUNCILMEMBER NEILD, STATEDTHAT BEFORE COVID-19 HIT THERE WAS A PARTNERSHIP BETWEEN SOME OF THE COUNCILMEMBERS AND CATHEDRAL OF THE PINES CHURCH TO ADDRESS THE HOMELESS SITUATION, THE PANDEMIC HIT AND IT WAS PUT ON PAUSE, WANTED THE CITIZENS TO KNOW THAT THE SITUATION ISN'T BEING IGNORED AND ACTION NEEDS TO BE TAKEN, COMPLETELY AGREES THAT SOMETHING NEEDS TO BE DONE, HIS CHURCH IS BRINGING THIS BACK ON THEIR RADAR TO TRY TO ADDRESS THE ISSUE, COUNCIL DOES KNOW THAT PANHANDLING IS A PROBLEM AND IS AWARE OF IT, COUNCIL IS TRYING TO FIND A WORKABLE SOLUTION COUNCILMEMBER PATE - STATED THAT ON TODAY AUGUST 19, 2020, 100 YEARS AGO WOMEN GOT THE RIGHT TO VOTE, IT'S THE SAME DAY THAT THE FIRST BLACK STUDENT .LAMES MEREDITH WENT TO THE UNIVERSITY OF MISSISSIPPI AND GRADUATED, ASKED THAT EVERYONE CONTINUE TO PRAY AND BE THANKFUL EVERYDAY THAT YOU WAKE UP COUNCILMEMBER SAMUEL - STATED THAT ON SATURDAY THE SPIRIT OF SHEENA YARBROUGH POWELL REMINDED HIM TO ALWAYS LOOK BEYOND THE UNIFORM AND TO LOOK BEYOND THE SURFACE OF AN INDIVIDUAL BUT LOOK INTO THEIR SOULS WHERE THE SPIRIT LIVES, IT'S EASY IN THIS DAY AND TIME WHEN YOU FIND SO MANY PEOPLE ATTEMPTING TO DIVIDE, ONE THING THAT WAS RESOUNDING AT OFFICER POWELL'S FUNERAL WAS "BLESSED ARE THE PEACE MAKERS FOR THEY SHALL BE CALLED CHILDREN OF GOD", SHEENA WAS A PEACEMAKER AND HER SPIRIT WILL LIVE FOREVER, SHE WANTED TO HELP MAKE BEAUMONT THE BEST IT CAN BE, BEAUMONT HAS ANOTHER ANGEL AND HER LIGHT WILL CONTINUE TO SHINE FOREVER Minutes —August 18, 2020 COUNCILMEMBER MOUTON - GAVE CONDOLENCES ONCE MORE TO THE FAMILY OF OFFICER SHEENA YARBROUGH-POWELL, COMMENTED ON THE 19TH AMENDMENT THAT WAS PASSED ON THIS DAY GIVING WOMEN THE RIGHT TO VOTE, CONGRATULATED MEGAN PELIGAN A SENIOR AT BEAUMONT UNITED HIGH SCHOOL, MEGAN WAS SELECTED OUT OF 300 ROTARY STUDENTS AT THE ROTARY YOUTH LEADERSHIP CAMP, SHE WAS ONE OF TWENTY FOUR STUDENTS SELECTED TO SERVE AS STUDENT COUNCIL FOR THE ROTARY YOUTH LEADERSHIP ASSOCIATION CONFERENCE FOR FY 2021 CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - REMINDED COUNCIL THAT THEY HAVE ADOPTED RULES TO PLACE ITEMS ON THE AGENDA, ASKED THAT COUNCILMEMBERS SEND HIM AN EMAIL REGARDING AN ITEM THAT THEY WANT PLACED ON THE AGENDA AND A SECOND FROM ANOTHER COUNCILMEMBER AND HE WILL BE -GLAD TO PLACE THE ITEM ON. THE AGENDA, ALSO GAVE AN UPDATE AS THE WHERE THE ADMINISTRATION IS REGARDING THE SALE OF THE UNNAMED STATUE THAT WAS REMOVED FROM WEISS PARK MAYOR AMES - STATED THAT SHE AGREED WITH COUNCILMEMBER GETZ REGARDING THE PLANNING AND ZONING COMMISSION, STATED THAT SHE'S ALWAYS THOUGHT THAT IT WAS RUDE TO CITIZENS TO KEEP THEM WAITING OR TO PUT THEM OFF WHEN THEY EXPECT SOMETHING TO BE PASSED ESPECIALLY -IF IT'S NEEDED, WAS DISAPPOINTED THAT THE MEETING SCHEDULED FOR YESTERDAY HAD TO BE CANCELLED, THE MEETING WASN'T CANCELLED DUE TO A COUNCIL QUORUM BUT DUE TO THE LACK OF A COMMISSION QUORUM, ASKED QUESTIONS REGARDING HAVING ANOTHER MEETING BEFORE THE SCHEDULED MEETING FOR NEXT MONTH, AGREED WITH COUNCILMEMBER NEILD REGARDING THE TRASH SITUATION, DOESN'T KNOW IF IT'S DUE TO THE HOMELESSNESS OR THE PANDEMIC BUT HAS NOTICED HOW THE CITY LOOKS, THINKS IT'S BECAUSE OF THE PANDEMIC AND ATTENTION BEING DIRECTED TOWARDS IT, WOULD LIKE FOR COUNCIL TO COME UP WITH SOME IDEAS OTHER THAN WHAT IS ALREADY BEING DONE, ASKED THAT CITIZENS WOULDN'T THROW TRASH OUT OF THEIR VEHICLES, MENTIONED THAT THE CENSUS IS STILL GOING ON, ASKED THAT IF CITIZENS HAVEN'T DONE THEIR CENSUS TO PLEASE DO SO, GAVE CONDOLENCES ONCE MORE TO THE FAMILY OF OFFICER SHEENA YARBROUGH-POWELL Minutes —August 18, 2020 With there being no Executive Session, Council adjourned at 2:43 p.m. Tina Broussard, City Clerk Minutes —August 18, 2020