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HomeMy WebLinkAbout11/24/2020 MINRE:AU�M.�ONT 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 Getz, Ward II Audwin Samuel,Ward III NOVEMBER 24, 2020 Robin Mouton, Ward IV Tyrone 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 November 24, 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 6-11/Consent Agenda * Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Deacon Clint Brown with St. Mark's Episcopal 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 MayorAmes, Councilmembers Neild, Getz, Pate, Samuel and Mouton. Absent: Mayor Pro Tern Feldschau and City Attorney, Tyrone Cooper. Also present were Kyle Hayes, City Manager; Sharae Reed, 1st Assistant City Attorney; and Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "22g11.2 Awareness Day and 22g11.2 Awareness Month" - November 22, 2020 and November 2020 - Proclamation read by Mayor Ames; accepted by Twana Wilson, CEO of Abilities Above Bounds Beyond, LLC Public Comment: Persons may speak on scheduled agenda items 6-11/Consent Agenda None CONSENT AGENDA Approval of minutes — November 17, 2020 Confirmation of board and commission member appointments — None Minutes — November 24, 2020 A. Approve the renewal of a software maintenance agreement with Superion, LLC — Resolution 20-256 B. Approve an annual contract with Pemsco Pumps of Rose City for repair services to pumps and motors - Resolution 20-257 C. Authorize the City Manager to execute Change Order No. 1., accept maintenance, and authorize final payment to T Construction, LLC - Resolution 20-258 D. Authorize the City Manager to sign a Memorandum of _Understanding with Drainage District No. 6 (DD6) related to Texas Water Development Board grant funding - Resolution 20-259 E. Authorize the acceptance of a ten foot (10') wide Electrical Easement located at 350 Pine Street -Resolution 20-260 F. Authorize the acceptance of a ten foot (10') wide Exclusive Water Line Easement located at 6165 Muela Creek Drive - Resolution 20-261 G. Approve the purchase of actuators from Harold Beck and Sons, Inc. of Newtown, Pennsylvania for use at the Water Production Plant on Pine Street - Resolution 20-262 Councilmember Neild moved to approve the Consent _Agenda., Councilmember Samuel seconded the motion. AYES:. MAYOR AMES, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED GENERAL BUSINESS Consider a request for a Rezoning from RM-H (Residential Multiple -Family Dwelling — Highest Density) to NC (Neighborhood Commercial), or a more restrictive district for property located on the south side of Delaware Street and 120' west of Eastex Freeway. . Jeremy Mitchell, P.E., R.P.L.S. of Soutex, Inc. has requested a rezoning of property on the south side of Delaware Street and 120' west of Eastex Freeway. The corner of Delaware Street at Eastex Freeway is currently zoned NC (Neighborhood Commercial). The property owner would like to develop a convenience store on this corner and needs more room. The additional ninety-four and 9/10 (94.9) feet along Delaware will allow for necessary maneuvering space around gas pumps and parking. Utilities appear to be adequate for this location. The convenience store is planned at the intersection of two major thoroughfares and therefore is in conformance with the Comprehensive Plan. Extending the NC zoning further down Delaware Street could be problematic, as Delaware is primarily residential, but the additional ninety-four and 9/10 (94.9) feet will not create a significant encroachment. Minutes — November 24, 2020 At a Joint Public Hearing held on November 16, 2020, the Planning Commission recommended 6:0 to approve the request for a Rezoning from RM-H (Residential Multiple - Family Dwelling — Highest Density) to NC (Neighborhood Commercial), or a more restrictive district. Approval of the ordinance. Councilmember Pate 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 RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT TO NC (NEIGHBORHOOD COMMERCIAL) DISTRICT FOR PROPERTY LOCATED ON THE SOUTH SIDE OF DELAWARE STREET AND 120' WEST OF EASTEX FREEWAY, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 20-063 2. Consider a request for a Specific Use Permit to allow a funeral home in a GC -MD (General Commercial — Multiple -Family Dwelling) District located at 2315 South 11t" Street. Leroy McBride, III is requesting permission for a funeral home at 2315 S. 11th Street. Mr. McBride is the owner and is licensed by the state of Texas as a funeral director and embalmer. Other than himself, he plans to employ a full-time receptionist for this location. Ninety (90) percent of services conducted will be held in area churches, but on the occasion that a service will be held at the funeral home, 2-3 additional attendants, would be employed. Although the site seems to have an adequate amount of space to accommodate the minimum parking requirement, the existing spaces do not meet the minimum dimensional requirements. Also, the driveway on Blanchette Street, closest to Eleventh Street, will need to be designated entry only. Likewise, the other driveway on Blanchette Street will need to be designated exit only. The redesigned parking layout shall consist of angled spaces to promote a one-way traffic flow. Therefore, a detailed site plan must be submitted illustrating a proposed parking layout redesign. At a Joint Public Hearing held on November 16, 2020, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a funeral home in a GC -MD (General Commercial — Multiple -Family Dwelling) District with the following conditions: Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre-treatment and/or F.O.G. program. Minutes — November 24, 2020 2. Submit a redesigned parking plan to meet City of Beaumont requirements and, once approved, implement the new parking plan. Approval of the ordinance with the following conditions: Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre-treatment and/or F.O.G. program. 2. Submit a redesigned parking plan to meet City of Beaumont requirements and, -once approved, implement the new parking plan. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FUNERAL HOME IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2315 SOUTH 11TH STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Mouton seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 20-064 3. Consider a request for a Specific Use Permit to allow an elementary and secondary school in a GC -MD (General Commercial -Multiple -Family Dwelling) District located at2615 Broadway Street. Acton Academy Beaumont is requesting permission for a school at 2615 Broadway Street. The proposed school would be similar to a single -room schoolhouse where grades K-12 would be divided into three (3) groups each in a large "studio" classroom. Enrollment will be limited to eighty (80) students. No food will be prepared at this location, each student will be required to bring a prepared lunch each day. Hours of operation will be 8:00 a.m. till 3:30 p.m. Monday — Friday for 180 educational days per year. At a Joint Public Hearing held on November 16, 2020, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow an elementary and secondary school in a GC -MD (General Commercial -Multiple -Family Dwelling) District with the following condition: Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre-treatment and/or F.O.G. program as well as all applicable Building and Fire Codes. Approval of the ordinance with the following condition: Construction plans must meet all requirements by Water Utilities forwater and sanitary sewer services, including any requirements of the City's pre-treatment and/or F.O.G. program as well as all applicable Building and Fire Codes. Minutes — November 24, 2020 Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN ELEMENTARY AND SECONDARY SCHOOL IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2615 BROADWAY STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE ABSTAIN: COUNCILMEMBER NEILD MOTION PASSED Ordinance 20-065 4. Consider a request for a Specific Use Permit to allow a gaming facility in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 1475 Washington Boulevard. Jisan Makanojiya has requested a Specific Use Permit to allow a gaming facility at 1475 Washington Boulevard with 35 machines. The hours of operation for the business would be 8 a.m. to 10 p.m. every day and security will be provided by on site surveillance. The site plan submitted does not show parking that has been drawn to scale. If approved, a detailed parking plan would need to be submitted. It should be noted that gaming facilities that have five (5) or fewer machines tend to be considered accessory in nature, when part of a primary use, and as such tend to result in fewer negative impacts on surrounding land uses. However, larger game rooms with dozens of machines take on the scale of a small casino and as a result, require careful consideration as to. their location and compatibility with surrounding land uses. Some of these considerations include compatibility with other land uses, noise, traffic as well as safety considerations. As such, proximity to parks, schools and especially residential uses should be carefully considered in the review of gaming facilities. This property is immediately adjacent a residential neighborhood and residential single-family dwellings and within 1,000 feet of both Robert and Chaison Parks. Beaumont Police were asked to provide feedback as to whether or not calls for service to the Police Department are higher near game rooms. The research showed that crime, especially auto theft, robbery and violent robbery are much higher near these facilities. At a Joint Public Hearing held on November 16, . 2020, the Planning Commission recommended 6:0 to deny the request for a Specific Use Permit to allow a gaming facility_ in a GC -MD (General Commercial -Multiple Family Dwelling) District. Denial of the request. Councilmember Samuel moved to DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A GAMING FACILITY IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 1475 WASHINGTON BOULEVARD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Mouton seconded the motion. Minutes — November 24, 2020 AYES: MAYOR AMES, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION DENIED 5. Consider a request for the closure of a segment of Main and Pearl Streets. The Beaumont Police Department has requested the closure of a portion of the right-of-way on Main and Pearl Streets. These two (2) streets flank the downtown police station. The Police Department is requesting this closure in order to provide more parking for the department. At a Joint Public Hearing held on November 16, ' 2020, the Planning Commission recommended 6:0 to approve the request for the closure of a segment of Main and Pearl Streets. Approval of the ordinance. Councilmember Mouton moved to ADOPTAN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING AN APPROXIMATE 70' X 300' AND 60' X 300' RIGHT-OF-WAY LOCATED AT MAIN AND PEARL STREET, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 20-066 6. Consider amending Section 20.03.004 of the Code of Ordinances related to School Zones. Staff received a request to change the school zone times from the Beaumont Independent School District (BISD). Due to Covid-19, BISD school times have been modified from last year to accommodate on campus and virtual learning. All existing school zone times were checked with the schools for accuracy and corrected if necessary. Times are set so that the zones are active 45 minutes prior to the first activity of the day and extend 30 minutes past the first bell. In the afternoon, the zones are active 30 minutes prior to the closing bell and for 45 minutes after the closing bell. Approval of the Ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 20, SECTION 20.03.004 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS BY RESTRUCTURING THE SCHOOL ZONES SPEED LIMIT LIST; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Getz seconded the motion. Minutes — November 24, 2020 AYES: MAYOR AMES, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 20-067 7. Consider a resolution authorizing the City Manager to apply for funding from the Texas Department of Transportation (Highway Safety Improvements Program) and execute an agreement with TxDOT if approved. The Texas Department of Transportation issued a call for projects in September 2020 for communities to apply for off -system project funding assistance through the Highway Safety Improvements Program. The intended purpose of the program is to improve the safety of accident-prone areas. City staff submitted the proposed projects below due to a deadline of October 1st. According to local TxDOT, representatives, the City of Beaumont was the only entity to submit any projects in the Beaumont District and asked if we had additional projects that could be considered and gave a week extension to submit. We added additional proposed locations to install Adaptive Traffic Signals. The total of all submitted projects is $1,890,581.00. The program requires a local match of ten percent, which will total $189,058.10 overthe course of three years. The City, through this resolution, is indicating its willingness to enter into an Advanced Funding Agreement with WOT, and will commit to the project's development, implementation, construction, maintenance, management, and financing of all non - reimbursable costs, and 100% of overruns should they occur. The tables below indicate the projects that have been submitted to TxDOT for consideration with the expected fiscal year of implementation: Adaptive Traffic Signal Program ' Location Estimate Anticipated Let.Date City's Contribution Dowlen Road '$430,500.00 FY 2022 $43,050.00 Fourth Street $676,500.00 FY 2023 $67,650.00 Phelan Blvd. Highland Avenue Gladys Avenue Calder Avenue $676,500.00 FY 2024 $67,650.00 Lucas Drive Washington Blvd. 9mproyed$ignage.Along Dangerous Curves Location Estimate Anticipated, Let Date City's.Coptribution Landis Drive $107,081.00 FY 2024 $10,708.10 McLean Street Delaware Street Washington Blvd. Minutes — November 24, 2020 Funds will come from the Capital Program and Streets and Drainage Improvement Fund. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION'SUPPORTING CITY OF BEAUMONT'S APPLICATION TO THE TEXAS DEPARTMENT OF TRANSPORTATION'S 2020 HIGHWAY SAFETY IMPROVEMENTS PROGRAM CALL FOR PROJECTS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS NEILD; GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 20-263 8. Consider a resolution authorizing the City Manager to execute an agreement with CDM Smith, Inc., to continue management of the Municipal Separate Storm Sewer System (MS4) Permit for the City of Beaumont for Fiscal Year 2021. On October 16, 2012, by Resolution No. 12-249, the City Council awarded a contract to CDM Smith, Inc., of Houston to manage the MS4 Permit. The manager of the permit conducts dry and wet weather screenings of our five major outfalls in the City. Under the permit, the City is required to submit an annual report summarizing the activities and results of the screenings and other inspections conducted throughout the year. This year's services include implementation of the new stormwater management plan that details how the City (and DD6) will comply with the new MS4 permit. If approved, the total services and expenses shall not exceed $250,000.00 without the City's prior written authorization. Funds will come from the General Fund/Public Works Department. Approval of the resolution. Councilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN ENGINEERING SERVICES AGREEMENT WITH CDM SMITH, INC.; OF HOUSTON, TEXAS, IN AMOUNT NOT TO EXCEED $250,000 TO MANAGE MUNICIPAL SEPARATE STORM SEWER SYSTEM (Ms4) PERMIT. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 20-264 Minutes — November 24, 2020 9. Consider a resolution approving the purchase of two automatic chlorine injector systems from Moody Bros., Inc., of Houston, for use at the Loeb Water Production Plant. The Loeb Water Production Plant uses manually adjusted chlorine gas injector systems to treat and disinfect water. The current injector systems were damaged by Hurricane Harvey in 2017. Maintenance and repairs of the current equipment is made difficult by the increasing scarcity of repair parts due to the age of the system. A new system will allow the chlorine injection process to be automated, while allowing operators to make manual adjustments if needed. The City obtained approval from the TCEQ to upgrade the current system with booster pumps to improve the reliability of the overall system. The cost to replace this equipment, including the booster pumps, and a two (2) year maintenance plan, is $191,247.00. Pricing was obtained from Moody Bros., Inc., as a sole source provider. Funds will come from the Water Fund - $90,010.00 and the Harvey Fund — Insurance Reimbursement - $101,237.00. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF TWO (2) AUTOMATIC CHLORINE INJECTOR SYSTEMS. FOR USE BY THE WATER UTILITIES DEPARTMENT FROM MOODY BROS., INC., OF HOUSTON, TEXAS, A SOLE. SOURCE PROVIDER, IN THE AMOUNT OF $191,247.00. Councilmember Mouton seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 20-265 10. Consider a resolution approving a contract with Marsh Waterproofing, Inc. of Vidor for the water remediation (east wall) and organ repairs at the Jefferson Theatre. The Jefferson Theatre sustained water damage to the east side organ chamber and the east vestibule exit from Hurricane Harvey. The east wall is experiencing water intrusion issues through the exterior masonry facade due to joint failure and breakdown of the existing mortar joints. The proposed repairs to the exterior wall will address 100% of the existing mortar joints, broken and/or cracked bricks, and sealing around windows, doors, and expansion joints. The east and west organ chambers have been in disrepair since the City took possession of the facility from the Jefferson Theater Preservation Society and suffered more damage as a result of water intrusion from Hurricane Harvey. This project will include the rehabilitation of the organ components in the east and west chambers and the organ itself. The organ currently operates with only about half of its components. Bids were solicited from 12 companies for furnishing all labor, materials, equipment and supplies necessary to perform water remediation on the east wall and repair the organ components in the east and west chambers, including any repairs to the organ itself. On Thursday, November 12, 2020 one bid was received from Marsh Waterproofing, Inc. of Vidor. Minutes — November 24, 2020 The base bid (which includes repairs to a portion of the east wall masonry and the repairs to the west organ chamber) is $130,236.00 and will be partially funded by the Texas Historical Commission HIM Emergency Supplemental Historic Preservation Grant received by the City. Alternate No. 1 (which includes repairs to a portion of the east wall masonry) is $26,400.00 and will be partially funded by FEMA reimbursements. Alternate No. 2 (which includes repairs to the east organ chamber ceiling and walls and repairs to the plaster in the east side exit vestibule) is $15,000.00 and will be partially funded by FEMA reimbursements. Alternate No. 3 (which includes repairs to the organ components in the east organ chamber) is $83,883.00 and will be partially funded by FEMA reimbursements. Staff recommends the approval of the Base Bid and Alternates #1, #2, and #3 for a total cost of $255,519.00. The original estimated cost of the east wall and organ repairs was $167,300.00 prior to insurance deductions taken by FEMA and 10% non-federal share. The breakdown of funding is as follows: FEMA $ 48,416.40 THC Grant Funding $113,504.00 Funds donated from $ 37,496.43 the Jefferson Theatre Preservation Society Capital Reserve Fund $ 56,102.17 Total $255,519.00 A total of 90 calendar days are allocated for the completion of the project. Funds will come from the FEMA Reimbursement, Texas Historical Commission Grant, Capital Reserve and Donated Funds Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY MARSH WATERPROOFING, INC., OF VIDOR, TEXAS, TO FURNISH ALL LABOR, MATERIALS, EQUIPMENT AND SUPPLIES NECESSARY TO PERFORM WATER REMEDIATION AND ORGAN REPAIRS AT THE JEFFERSON THEATRE IN THE AMOUNT OF $255,519.00, AND THAT THE CITY MANAGER BE AND -HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH MARSH WATERPROOFING, INC., OF VIDOR, TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 20-266 DISCUSSION ITEMS Review and discuss vehicle and equipment repairs Minutes — November 24, 2020 Todd Simoneaux, Chief Financial Officer reviewed and discussed vehicle and equipment repairs. Mr. Simoneaux stated that the city landfill operations is regulated by TCEQ, which requires routine daily work in order to meet state requirements. When there is equipment that breaks down at the city landfill sometimes they are able to use what is called emergency repair, which allows staff to use competitive bidding to get the equipment repaired as quickly as possible to get the equipment back online. Staff then comes to Council as soon as possible to give an update on the cost of the repairs. Mr. Simoneaux discussed the repairs of three dump trucks that are used at the landfill, the repairs would not be considered emergency repairs because staff is taking a proactive and,planned approach to replace the hydraulic system on all three dump trucks. Staff proposed that Mustang Cat of Houston, Texas, do the repairs, they are a sole source vendor. The estimated cost is $102,000.00 per truck, which would come with a three (3) year warranty or 2,000/hou.r warranty, the exact cost would not be known at this time. When doing major repairs on heavy.equipment there's hidden damages that may not be discovered until the equipment is pulled apart for inspections and repairs. In the interest of transparency, staff wanted to inform Council of their plans to begin this work on the trucks, the plan is to come back to Council afterwards when there is an exact cost. The process would be to bring one truck in at a time, the landfill can run with (3) three trucks instead of the usual (4) four. The estimated cost to repair all four (4) trucks would be $306,000.00, the budget has been allocated for $400,000.00. Review and discuss a bid for the statue that was removed from Weiss Park Mr. Simoneaux reviewed and discussed a bid for the statue that was removed from Wiess Park. Mr. Simoneaux stated that the statue was listed with Lone Star Auctioneers of Fort Worth, Texas., they received bids from November 5, 2020 through November 19, 2020. Staff was given instructions by Council not to award a bid for no less than $50,000.00. When staff spoke with Lone Star Auctioneer's they highly suggested that the city have a starting bid of $25,000.00, hoping to encourage more bidders and more activities towards the statue. Unfortunately, the city received one bid which was for $25,000.00, from a Mr. Ron Holmes, with Holmes Firm PC of Dallas, TX. GENERAL BUSINESS 11. Consider,a resolution approving the sale of the statue removed from Weiss Park. The statue was removed from Weiss Park on June 29, 2020. City Council authorized that the statue be offered for sale with Lone Star Auctioneers of Fort Worth. The auction started on November 5, 2020 and closed on November 19, 2020. The Holmes Firm PC of Dallas, Texas was the only bidder. The bid price was $25,000. The bidder is responsible to the auctioneer for up to an 15% additional cost depending on the payment choice to the auctioneer. The bidder is also responsible for the cost to remove and ship the statue and marble base. Approval of the resolution. Minutes — November 24, 2020 Councilmember Neild moved to APPROVE A RESOLUTION THAT THE HOLMES FIRM, PC, OF DALLAS, TEXAS, WAS THE SOLE BIDDER WITH A BID PRICE OF $25,000.00 AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO SALE THE CONFEDERATE ERA STATUE FORMERLY LOCATED AT WIESS PARK IN THE CITY OF BEAUMONT TO THE HOLMES FIRM PC, OF DALLAS, TEXAS, IN THE AMOUNT OF $25,000.00. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 20-267 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) Addie Allen 9695 Gross Beaumont TX Stated that at the last meeting the Mayor addressed everyone being six feet apart and social distancing for visitors seated in Council Chambers, glad to see that the chairs have been marked on today, she's still appalled that there are city leaders who still aren't wearing mask, it's posted outside of the building by order of the Governor that everyone should wear a mask when entering any buildings, this isn't being done, also commented on an issue she has addressed with Council in the past regarding weed abatements Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER GETZ - COMPLIMENTED COUNCILMEMBER NEILD ON PROMOTING A SUCCESSFUL FLY IN THAT OCCURRED OVER THE WEEKEND AT BEAUMONT MUNICIPAL AIRPORT COUNCILMEMBER NEILD - NONE MAYOR PRO TEM FELDSCHAU - ABSENT COUNCILMEMBER PATE - THANKED STAFF FOR ALL OF THE HARD WORK ON THE TWO WORKSESSIONS THAT WERE DONE ON TODAY, COMMENTED ON LAMAR UNIVERSITY BASKETBALL SEASON THAT WILL START ON FEBRUARY 15, 2021, WISHED EVERYONE A HAPPY THANKSGIVING Minutes — November 24, 2020 COUNCILMEMBER SAMUEL - COMPLIMENTED COUNCILMEMBER NEILD ON A SUCCESSFUL FLY IN, IT WAS HIS FIRST EXPERIENCE, WAS AMAZED AT HOW THE AIRPORT LOOKED WITH ALL OF THE PLANES COMING AND GOING, THANKED CHRIS MEAUX, MUNICIPAL AIRPORT EMPLOYEE FOR ALL THE WORK HE DID TO PREPARE FOR THE FLY IN COUNCILMEMBER MOUTON - CONGRATULATED COUNCILMEMBER NEILD ON A SUCCESSFUL FLY IN, WASN'T ABLE TO ATTEND BUT HEARD GREAT THINGS ABOUT IT, COMMENTED ON THE LOSS OF HER FATHER-IN-LAW ED MOUTON, THANKED OUR MOTHER OF MERCY CHURCH FOR A BEAUTIFUL SERVICE, THANKED THE COMMUNITY FOR THEIR CALLS, PRAYERS AND FLOWERS, GAVE CONDOLENCES TO THE FAMILIES OF REV. DAVID ROBINSON, AND ASSOCIATE PASTOR DOUGLAS CASH, WISHED EVERYONE A HAPPY THANKSGIVING CITY ATTORNEY COOPER - ABSENT 1 ST ASSISTANT ATTY REED - NONE CITY MANAGER HAYES - NONE MAYOR AMES - GAVE CONDOLENCES TO COUNCILMEMBER MOUTON AND HER FAMILY ON THE LOSS OF HER FATHER-IN-LAW, WISHED MAYOR PRO TEM FELDSCHAU A SPEEDY RECOVERY, WASN'T ABLE TO ATTEND THE FLY IN BUT KNOWS HOW GREAT THEY ARE, STATED THAT DUE TO THE PANDEMIC THE CITY WON'T BE HAVING THE NORMAL TREE LIGHTING CEREMONY ETC., ON THE GREAT LAWN, THERE WILL BE QUITE A FEW THINGS THAT SHE AND EMILY WHEELER DIRECTOR OF THE EVENT FACILITIES HAVE LINED UP IN PLACE OF THE TREE LIGHTING CEREMONY, THERE WILL BE MORE INFORMATION ON THE CITY's FACEBOOK PAGE AS WELL AT DISCOVERBEAUMONT.COM, WISHED EVERYONE A HAPPY THANKSGIVING Open session of meeting recessed at 2:32 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Lizabeth M. Noble, Individually and on Behalf of All Others Similarly Situated v. City of Beaumont; Cause No. 1:20-cv-400 Kendrick Williams vs. City of Beaumont, et al; Cause No. A-204,508 Minutes — November 24, 2020 The&-%beina no action Ames, Tina Broussard, City Clerk n in Executive Session, Council adjourned. w Minutes — November 24, 2020 THE STATE OF TEXAS § COUNTY OF JEFFERSON § -� I Q U ]' as a member of the m ` i Council Commission, or Boardl make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the (City Council, Commission, or Board) as those terms are defined in V.T.C.A., Local Government Code,§§ %171.002. wI The business entity is: (Name) o7Cv 15 rimed � �-. (Address) ("l," or name o elative and relationship) have/has a substantial interest in this business entity r the following reasons: (check all of which are applicable.) Ownership of 10 percent or more of the voting stock or shares of the business entity. Ownership of either 10 percent or more or $15,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10 percent of (my, her, his), gross income for the previous year. Real property is involved, and (I, he, she) have an interest which is an equitable or legal ownership with a fair market value of at least $2,500. V A relative of mine, within the first or second degree by blood or marriage, has a substantial interest in the business entity or property. that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Clerk, I affirm that I will abstain from voting on any decision involving this business entity �a�.fndd from any further participation on this matter whatsoever. Signed this the4't' day of >t�� �i�' , 2-04• ti re of fficia LT9 P % Title , lc� authori on this da ersonally appeared BEFORE ME, the undersignedtY, Y P and on oath stated that the facts hereinabove stated are true to the best of his/ knowledge or belief. SWORN to and subscribed before me o this the Z If'day of A10 bK--20g,)_o_. TINA GAIL BROUSSARD �- AA _z• ozNotary Public, State of Texas Notary Public in and for the Sate of Texas Comm. Expires 01-12-'2023 nm� Notary ID 11435119