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HomeMy WebLinkAbout02/22/2022 PACKET BEAVM4NT T E X A S MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, FEBRUARY 22,2022 1:30 PM AGENDA CALL TO ORDER 'k Invocation Pledge Roll Call Proclamations, Presentations and Recognitions Public Comment- Persons may speak on the Consent Agenda and Items 1-4 Consent Agenda CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion_ A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of the February 15, 2022 City Council Meeting Minutes B- Approve a contract with Sanitary Supply Company for the purchase of-Janitorial Supplies C. Authorize the repair of a pump and motor utilized at the Sewer Treatment Plant D. Authorize the City Attorney to accept the settlement negotiated by the Texas Attorney General in Opioid litigation against pharmaceutical manufacturer Teva REGULAR AGENDA 1. Consider a resolution supporting Abiding Grace, a proposed Housing Tax Credit (HTC) project located in the 4200 Block of West Cardinal Drive, acknowledging that the proposed project is located in a census tract having more than twenty (20) percent Housing Tax Credit units per total households, acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits, affirming that the proposed project affirmatively furthers fair housing, and offering expressed support for the project and a commitment of funding in the form of a fee waiver not to exceed $500 2. Consider a resolution supporting Pioneer Crossing for Seniors, a proposed Housing Tax Credit (HTC) project located at the southeast corner of North Major Drive and Phelan Boulevard, acknowledging that Beaumont has more than twice the state average of housing units per capita supported by Tax Credits and offering expressed support for the project and a commitment of funding in the form of a fee waiver not to exceed $500 3. Consider approving the purchase of a Tub Grinder for use in the Solid Waste Department 4. Consider a resolution rejecting a proposal for the lease and operation of Tyrrell Park Stables COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager/City Attorney comment on various matters EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Rickey Collier Claim of Lynn Rowell on behalf of Beaumont Greenery Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. A BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: February 22, 2022 REQUESTED ACTION: Council consider approval of the February 15, 2022 City Council Meeting Minutes. BEAUMONT TEXAS MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert"A.J."Turner Jr.,At-Large ROBIN MOUTON, MAYOR Randy Feldschau,At-Large Taylor Neild,Ward I CITY COUNCIL MEETING Michael Getz,Ward II Audwin Samuel, Mayor Pro Tem FEBRUARY 15, 2022 Chris Durio,Ward IV Tina Broussard, City Clerk Kyle Hayes, City Manager Sharae Reed, City Attorney 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 February 15, 2022, 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 * Proclamations, Presentation and Recognition * Public Comment: Persons may speak on the Consent Agenda and Agenda items 1-5 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Jason Carr with the Apostolic Church gave the invocation. Mayor Mouton led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Mouton, Mayor Pro Tem Samuel, Councilmembers Durio, Getz, Turner, Feldschau and Neild. Also, present were Kyle Hayes, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions None Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-5 Gary Robbins 9805 Phelan Blvd. Beaumont TX Spoke to Council regarding the Discussion item; Review and discuss requests from developers for support of an affordable housing project at 5945 College as well as a proposed project at the southeast corner of North Major Drive and Phelan Boulevard and Item #3 on the agenda; Consider Authorizing the City Manager to award a contract to Greenspace Six, LLC, of Baytown for the Concrete Pavement Repair City Wide-Phase II Project Minutes—February 15,2022 Claire Dykeman 1475 Continetal Beaumont TX Spoke to Council regarding item#4 on the agenda; Consider authorizing the City Manager to award a contract to Elite Contractors & Equipment, LTD, of Kirbyville for the Fleet Management Parking Lot Reconstruction Project-Phase II CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of the February 8, 2022, City Council Meeting Minutes B. Approve the purchase of splash pad equipment for Sprott Park from Kraftsman Commercial Playgrounds & Water Parks of Spring, Texas - Resolution 22-050 C. Authorize the City Manager to execute an Advanced Funding Agreement with the Texas Department of Transportation - Resolution 22-051 D. Authorize the Mayor to execute a waiver granting permission for the Jefferson County Mosquito Control District to operate aircraft at a low altitude over the City of Beaumont for mosquito control purposes - Resolution 22-052 E. Approve a resolution terminating a lease agreement between the City of Beaumont and Jefferson County - Resolution 22-053 F. Approve a resolution rejecting the bids received for the Water Treatment Plant Walkway and Safety Improvements Project - Resolution 22-054 G. Authorize the City Attorney to file suit against Netflix, Inc., Hulu LLC., Disney DTC LLC, and other video service providers - Resolution 22-055 Councilmember Neild moved to approve the Consent Agenda. Mayor Pro Tem Samuel seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED AGENDA 1. Consider an ordinance denying the change in rates requested in Entergy Texas, Inc.'s Statement of Intent filed with the City on January 31, 2022. On January 31, 2022, Entergy Texas Inc. ("ETI") filed an application for approval of two voluntary renewable option tariffs, Riders Small Volume Renewable Options ("SVRO") and Large Volume Renewable Options ("LVRO"), with the City in its service area and concurrently with the Public Utility Commission of Texas ("Commission"). Both Riders are Minutes—February 15,2022 voluntary offerings that give customers the ability to match some or all of their monthly electricity usage with renewable energy credits that are purchased by Ell and retired on the customer's behalf. The monthly Rider SVRO charge for a residential customer using approximately 1,000 kWh per month would range from approximately $3.83 to $10.10 depending on the level of participation they choose. The program is completely voluntary, so no customer would be charged under Riders SVRO or LVRO unless they opt in. ETI has requested action on this Statement of Intent so that if denied the matter can be joined with the proceeding before the Public Utility Commission of Texas. A denial of the request will allow the application to proceed before the Public Utility Commission of Texas for a full review. Reasonable expenses associated with rate cases are reimbursable by the company as provided for in the Public Utility Regulatory Act. Approval of ordinance. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF BEAUMONT,TEXAS, (OR"CITY") DECLINING TO APPROVE THE CHANGE IN RATES REQUESTED IN ENTERGY TEXAS, INC'S("ETI"OR"COMPANY")STATEMENT OF INTENT FILED WITH THE CITY ON JANUARY 31,2022,AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS CONSIDERED WAS OPEN TO THE PUBLIC AND IN ACCORDANCE WITH TEXAS LAW. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-012 2. Consider a request to extend the deadline to commence construction of a cell tower to be located at 5580 Cole Street. Lou Katzerman representing TVTI, L.L.C., D.B.A. Tower Ventures is requesting an extension for the Specific Use Permit issued in February of 2020 to construct a one hundred eighty (180) foot cellular tower at the rear of 5580 Cole Street. The City of Beaumont Zoning Ordinance states "Unless construction... (is) commenced and substantially underway within a two-year period, the specific use permit shall become null and void. Extensions of time for good case may be approved by the city council." In February of 2020, City Council approved ordinance number 20-007 to allow a Specific Use Permit for a cell tower in a GC-MD (General Commercial - Multiple Family Dwelling) District with the following conditions: 1. Provide a copy of the recorded access easement and lease agreement. 2. The driveway approach shall be reconstructed to meet the city's driveway standards. Minutes—February 15,2022 3. A six-foot wood or masonry fence to be constructed 10 feet inside the perimeter edge of the lease site with a solid gate. 4. The landscaped buffer should include either one (1) class A or two (2) class B trees for each twenty-five linear feet of the perimeter of the tower site and shrubs save and except for the gated area. The applicant is requesting additional time due to delays cause by the Covid-19 pandemic. The Administration recommends a new deadline of February 15, 2023, with the following conditions: 1. Provide a copy of the recorded access easement and lease agreement. 2. The driveway approach shall be reconstructed to meet the city's driveway standards. 3. A six-foot wood or masonry fence to be constructed 10 feet inside the perimeter edge of the lease site with a solid gate. 4. The landscaped buffer should include either one (1) class A or two (2) class B trees for each twenty-five linear feet of the perimeter of the tower site and shrubs save and except for the gated area. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW THE CONSTRUCTION OF A CELLULAR TOWER IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 5580 COLE STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tem Samuel seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-013 3. Consider authorizing the City Manager to award a contract to Greenscapes Six, LLC, of Baytown for the Concrete Pavement Repair City Wide-Phase II Project. The Concrete Pavement Repair City Wide — Phase II Project consists of removing and replacing concrete pavement, concrete curb, crack sealing concrete pavement, and all other work related to concrete pavement repair. On February 3, 2022, four (4) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate is $3,200,000.00. The bid totals are indicated in the table below: Minutes—February 15,2022 Contractor Location Base Bid Amount Greenscapes Six, LLC Baytown, TX $2,397,669.50 MK Constructors Vidor, TX $2,987,442.00 Brystar Contracting, Inc. Beaumont, TX $3,169,610.00 ALLCO, LLC Beaumont, TX $3,184,358.00 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, Greenscapes Six, LLC, in the amount of$2,397,669.50. Atotal of 365 calendar days are allocated for completion of the project. Funds will come from the Capital Program — Street Rehabilitation Program. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO GREENSPACES SIX, LLC, OF BAYTOWN, TEXAS, IN THE AMOUNT OF$2,397,669.50, FOR THE CONCRETE PAVEMENT REPAIR CITY WIDE-PHASE II PROJECT; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH GREENSPACES SIX, LLC, OF BAYTOWN, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-056 4. Consider authorizing the City Manager to award a contract to Elite Contractors&Equipment, LTD, of Kirbyville for the Fleet Management Parking Lot Reconstruction Project-Phase II. The Fleet Management Parking Lot Reconstruction Project—Phase II consists of reconstructing the northeast portion of the facility's parking lot. Additional improvements include replacing a portion of the perimeter fence and regrading/ditch modifications to improve the overall drainage. On February 3, 2022, eight (8) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's estimate is $1,600,000.00. The bid totals are indicated in the table below: Contractor Location Base Bid Amount Elite Contractors & Equipment, LTD Kirbyville, TX $1,584,104.00 A-1 Construction Services Houston, TX $1,724,591.50 Construction Managers of Southeast Texas, LLC Beaumont, TX $1,781,400.08 Brystar Contracting, Inc. Beaumont, TX $1,793,665.00 Deztex Industrial Services, LLC dba Ramtex Beaumont, TX $1,850,640.42 BDS Constructors, LLC dba MK Constructors Vidor, TX $2,039,944.00 Polivka International Co. Inc Weddington, $2,175,547.50 Minutes—February 15,2022 NC Greenscapes Six, LLC Baytown, TX $3,020,208.00 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, Elite Contractors & Equipment, LTD, in the amount of$1,584,104.00. A total of 183 calendar days are allocated for completion of the project. Funds will come from the Capital Program. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO ELITE CONTRACTORS&EQUIPMENT,LTD,OF KIRBYVILLE, TEXAS, IN THE AMOUNT OF $1,584,104.00, FOR THE FLEET MANAGEMENT PARKING LOT RECONSTRUCTION PHASE II PROJECT AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH ELITE CONTRACTORS & EQUIPMENT, LTD, OF KIRBYVILLE, TEXAS. Mayor Pro Tem Samuel seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-057 5. Consider authorizing the City Manager to award a contract to Gulf Coast, a CRH Company, of Beaumont for the Spindletop Avenue Roadway and Drainage Rehabilitation Project. The Spindletop Avenue Roadway and Drainage Rehabilitation Project consists of stabilizing roadway base, resurfacing roadway pavement with Hot Mix Asphalt Concrete, removing and replacing driveway culverts, and regrading and reshaping drainage ditches. On February 3, 2022, three (3) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate is $531,000.00. The bid totals are indicated in the table below: Contractor Location Base Bid Amount Gulf Coast, a CRH Company Beaumont, TX $508,223.00 ALLCO, LLC Beaumont, TX $525,525.70 LD Construction Beaumont, TX $694,435.00 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, Gulf Coast, a CRH Company, in the amount of$508,223.00. A total of 124 calendar days are allocated for completion of the project. On January 11, 2022, by Resolution No. 22- 017, City Council authorized an Interlocal Agreement with Jefferson County to reimburse the city for 50% of the costs, not to exceed $265,000.00. Funds will come from the Capital Program — Street Rehabilitation Program. Minutes—February 15,2022 Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO GULF COAST,A CRH COMPANY,OF BEAUMONT,TEXAS,IN THE AMOUNT OF $508,223.00, FOR THE SPINDLETOP AVENUE ROADWAY AND DRAINAGE REHABILITATION PROJECT; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH GULF COAST,A CRH COMPANY,OF BEAUMONT,TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-058 DISCUSSION ITEM * Review and discuss requests from developers for support of an affordable housing project at 5945 College as well as a proposed project at the southeast corner of North Major Drive and Phelan Boulevard Chris Boone, Planning and Community Development Director, reviewed and discussed the requests from developers for support of an affordable housing project at 5945 College as well as a proposed project at the southeast corner of North Major Drive and Phelan Boulevard. Mr. Boone stated that there are two developers are applying to the Texas Department of Housing and Community Affairs (TDHCA) for Housing Tax Credits (HTC's)for the development of affordable housing within the city. In order to submit the application, TDHCA requires that the City Council acknowledge and confirm that the City of Beaumont has more than twice the state average of units per capita supported by Housing Tax Credits or Private Activity Bonds. In addition, the developers are seeking additional support of their projects in order to achieve a better score for their project. This could include a statement of support for a project as well as financial support in the form of a $500 permit fee waiver. The two projects are: • The Ranch at West Beaumont, a proposed one hundred thirty-two (132) unit family housing development, located at 5945 College. The developer is Beaumont BFR, LP, a subsidiary of ITEX of Houston. • Pioneer Crossing for Seniors, a proposed seventy-two to eighty (72-80) unit senior housing development, located at the southeast corner of North Major Dr. and Phelan Blvd. The developer is Beaumont PC for Seniors, LLC/Betco of Austin. The City Council could support one, both or neither project. If there is interest to move forward, resolutions would be submitted for consideration at the City Council meeting on February 22, 2022. Minutes—February 15,2022 The Mayor asked that both projects be put on the agenda next week as an action for Council to vote on. COMMENTS * Public Comments (Persons are limited to three minutes) Gary Robbins 9805 Phelan Blvd. Beaumont TX Stated that he has listened to the discussion regarding housing, the city has housing,there's single family and multiple family housing, what was discussed with one of the projects is that it would be just for seniors, one was just built on the northeast corner, hasn't heard anyone talk about that project that's already been built and now the Council is considering letting company's build more housing, also commented on the value of the homes through the tax office, as well as local contractors, stated that the young people are leaving Beaumont because there's nothing here to do Vernon Durden 16436 Westbury Rd. Beaumont TX Expressed his condolences to Councilmember Getz for what he's going through with his wife, spoke to Council on behalf of Lela and Orlando Cormier who are out of town, they thought that they were going to be on the agenda today, they have property on Phelan, they are asking for a variance, the entrance to the property is on Old Calder Rd., the Cormier's have put buildings on the back of their property and have a pool behind their home, they are asking for the full utility of their property to enter off of Phelan which is the back of their property, they have extended their driveway as far as they can go and understands from the City Engineer that they can't tie into Phelan until the City Engineer looks at their request, stated that a lot of work is being led in Beaumont but none of the contractors are getting any of the money, commented on the high unemployment rate, there's Baptist Hospital, Lamar University and BISD and there's still a high unemployment rate, something is wrong with the fact that we aren't' hiring Beaumont people, hopes when these projects start Beaumont citizens can get some of these jobs so the unemployment rate can go down as well as crime Airon Reynolds 6945 Salida Ln. Beaumont TX Stated that he's speaking today concerning Stacy Lewis, Mr. Lewis has been forced into retirement, he was given the ultimatum of resigning, retire or be fired, Mr. Lewis is a 54 year old senior citizen, he has twenty five years of service with the City of Beaumont with no writeups or complaints from the Director of Parks and Recreation, he has been subjected to what Mr. Reynolds calls a hostile environment with reprisals and retributions by the current management, he's an African American male who is a pilar in the community of Beaumont, he's a 100% disabled veteran, with him being forced into retirement and the way this has taken place it has become an EEOC issue, stated that he's there to support him, knows that the protocol for City Council is not to get involved with employee issues, he's asking the City Council to direct the City Manager to address this matter and bring it to a resolve, in years past they have seen things linger for years, asked that this be resolved in seven days, doesn't want it to be abandoned like the transit workers are, as that matter still hasn't been resolved, stated that the Baptist Ministers Union of Beaumont is present at the meeting, the President along with other ministers, Mr. Lewis has given him permission to speak on his behalf, stated that he's hoping and praying that Council can resolve this in seven days, Pastor Benoit also made comments regarding their concern regarding Mr. Lewis Minutes—February 15,2022 Patty Lee 3005 Corley Beaumont TX Spoke to Council regarding the bus stop at 2750 South 8th St., near Spindletop MHMR, the seating and overhead cover was removed, there are elderly that are standing in drizzling rain and have nowhere to sit when waiting on the bus, they have to ride the bus to go to doctor's appointments, the grocery store etc., they don't have anywhere to sit, they have to stand at the bus stop with their canes, stated that she spoke with Brandon in Public Works, he directed her to Planning and Zoning, and now speaking with Council about getting something done * Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD- NONE MAYOR PRO TEM SAMUEL- NONE COUNCILMEMBER FELDSCHAU - GLAD TO SEE COUNCILMEMBER GETZ BACK,PRAYERS GO OUT TO HIS WIFE ALLISON,WANTED HIM AND HIS FAMILY TO KNOW THAT THEY ARE STANDING WITH THEM IN THIS SITUATION COUNCILMEMBER TURNER- THANKED EVERYONE FOR COMING OUT TODAY IT'S HIGHLY APPRECIATED, ANNOUNCED THAT ON FEBRUARY 22, 2022, THERE WILL BE A PARKS AND RECREATION MEETING, THE CHAIR OF THE COMMITTEE SENT AN EMAIL ASKING THAT THE COMMITTEE GO OUT AND IDENTIFY SOME THINGS THAT THEY MAY SEE AT THE VARIOUS PARKS AND TO BRING THEM BACK TO THE MEETING,WANTED TO REMIND THE COUNCILMEMBERS TO CHECK IN WITH THEIR APPOINTEES TO SEE IF THEY RECEIVED THE EMAIL TO MAKE SURE EVERYONE GOT A FAIR OPPORTUNITY TO RESPOND, GAVE CONDOLENCES TO COUNCILMEMBER DURIO ON THE LOSS OF HIS MOTHER,THEY ARE HERE FOR HIM,STATED TO COUNCILMEMBER GETZ,GLAD ALLISON IS HOME AND WILL KEEP HER IN HIS PRAYERS COUNCILMEMBER GETZ- STATED THAT ALLISON IS HOME, SHE WAS ABLE TO WALK ON THE DRIVEWAY TODAY, SHE'S GETTING STRONGER, SHE'S HOPEFUL AND GREATLY APPRECIATES AS HE DOES EVERYONE'S PRAYERS, PHONE CALLS, WELL WISHES AND CONCERNS,SHE'S DETERMINED TO MOVE FORWARD AND LICK THIS, SHE'S A STRONG WOMAN AND THEY PUT THEIR FAITH IN THE LORD, GAVE CONDOLENCES TO COUNCILMEMBER DURIO ON THE LOSS OF HIS MOTHER COUNCILMEMBER DURIO - THANKED EVERYONE FOR COMING, THANKED CHRIS BOONE FOR THE PRESENTATION IT WAS VERY INFORMATIVE, STATED THAT HIS MOTHER PASSED PEACEFULLY ON LAST THURSDAY Minutes—February 15,2022 NIGHT SURROUNDED BY FAMILY, THANKED EVERYONE FOR THEIR PRAYERS MAYOR MOUTON - STATED TO COUNCILMEMBER GETZ THAT SHE WILL CONTINUE TO PRAY FOR HIM AND HIS WIFE, WITH GODS PRAYERS AND EVERYONE SUPPORTING HIM AND HIS WIFE, BELIEVES THAT THE FAITH OF GOD WILL COME THROUGH,GAVE CONDOLENCES TO COUNCILMEMBER DURIO ON THE LOSS OF HIS MOTHER, STATED ABOUT MIDNIGHT LAST NIGHT HER BROTHER LOST HIS DAUGHTER, PROUD TO WORK WITH A GROUP OF PEOPLE WHO ARE ALL GOING THROUGH PERSONAL THINGS BUT THEY CONTINUE TO COME FORTH TO SERVE THE CITY AND TO DO WHAT THEY WERE ELECTED TO DO CITY ATTORNEY REED- NONE CITY MANAGER HAYES - NONE With there being no Executive Session, Council adjourned at 3:27 p.m. Robin Mouton, Mayor Tina Broussard, City Clerk Minutes—February 15,2022 B BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: February 22, 2022 REQUESTED ACTION: Council consider a resolution approving a contract with Sanitary Supply Company for the purchase of Janitorial Supplies. BACKGROUND Bids were solicited for a six-month contract to supply various janitorial supplies, paper products and trash liners for use by multiple City departments. Bids were requested from twelve (12) vendors and two vendors responded. Specifications allow for two additional six-month extensions at the same pricing as the original term. Sanitary Supply Company of Beaumont, the current contracted vendor, responded with a total cost for all sections of$76,044.13, based on current usage estimates. Their submission met all required specifications. Bid tabulation is attached. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were solicited 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 various janitorial supplies, paper products and trash liners for use by multiple City departments; and, WHEREAS, Sanitary Supply Company, of Beaumont, Texas, submitted the lowest qualified bid meeting specifications in the estimated amount of $76,044.13, as shown in Exhibit "A," attached hereto; and, WHEREAS, the City Council is of the opinion that the bid submitted by Sanitary Supply Company, of Beaumont, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Sanitary Supply Company, of Beaumont, 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 various janitorial supplies, paper products and trash liners in the estimated amount of $76,044.13, as shown in Exhibit "A," attached hereto, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Sanitary Supply Company, of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of February, 2022. - Mayor Robin Mouton - . E of ( � � a& CCP \ a ] SEE \ J , IV \ {et 3 \t, z � ; w , r 2 (E 0 / OD d *ln) g ■ ƒ 2 m ) § x E % ] _ a ; [ E 0 o ■ E E § ¢ { § w § cn X co c 0 0 \ c § k 3 r • § a mil e � 2 n a 03 a = 13 o 1 [ m v § -n zi I c § o ` 0 j 2 2 ( 0 k f { r > 0 CAC }3" k « ® f ° - ° n -IE . § Za , 2 k ! j 0 - m.c0f oc q0f [ to32 a § 0 � § \ / - § _ 7 i7 622 ƒ 'n@ $ m 0 ? ® n 03 » co - [ 20 § m@ ) { � 2 22 ca @ CD M / § � 0-3 5 / K \ \ /co / � � q w # § k \ k 13 / 0 0 o k w $ o \ / b CA w f § cn w B & @ \ @ \ D q m -U \ na. O 90 q * O / o .3 , , 5 « $ § $ $ $ 7 c £ £ E 7 § . # \ \ 0 \ \ \ E 2 EXHIBIT "A" c BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: February 22, 2022 REQUESTED ACTION: Council consider a resolution authorizing the repair of a pump and motor utilized at the Sewer Treatment Plant. BACKGROUND A pump and motor that moves water from Cattail Marsh into Hillebrandt Bayou needs repair. The pump is in need of a rebuild along with the drive motor due to age and time in service. Coastal Pump Services Inc. of Manvel, Texas has removed, inspected, and provided a cost estimate of$53,923 to rebuild the pump including an overhaul of the motor. Work is to be performed as best value to the City due to hidden damages of the equipment. Quote is attached for review. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. Coastal Pump Services, Inc. Quote Date:1/25/22 S.O.#: 13711A Salesman:CW Customer P.O.#: Customer: City of Beaumont Contact:Marco Flores Phone: 409-363-0473 Repair Location:Pump#6,Cattail Marsh E-Mail:Marco.Flores®bcaumonttexas.gov We are pleased to quote the following: Vertical Mixed Flow Pump&Motor INCLUDING: PUMP: Disassemble and inspect. Replace with new; top shaft, line shaft, bowl shaft, 2- threaded bronze bushings, 2 shaft couplings, 3 oil / shaft tubes, 3" tension plate with packing pushers, bronze suction bowl bearing rubber marine bearing in bowl, threaded discharge bearing, flanged pump coupling, stainless steel grease lines and fittings, gaskets, o-sings, packing, and miscellaneous nuts and bolts. Sand blast clean and ceramic coat heavy rusted areas. Balance the impeller on the new shaft Reassemble and pre lube all bushings. Epoxy paint entire pump. Install in the field using customer supplied crane,wire in electrical,and test run. MOTOR: Disassemble and inspect. Replace with new; upper beating, heaters, over temps, o-rings, and gaskets. Rewind the stator and balance the rotor: Clean,prime,and epoxy paint. Reassemble and test run. Pump Repair Quote Price:$44,594.00 Option#1,Motor Rewind Quote Price:$19,448.00 Option#2 Motor Overhaul Clean,Dip,Bake,Bearings,&Balance:$9,329.00 TERMS:Net 30 days WARRANTY: New equipment will be warranted for ONE YEAR Manufactures'warranty or other specified.Rebuilt equipment will be warranted for ONE YEAR based on wo&manship, parts and labor: All electrical components on motor's(rewind/recondition)are subject to inspection for cause of failure. Quoted price valid for 30 days and does not include any applicable taxes. lb expedite service,please sign form,include purchase order number,and fax back to Coastal Pump Services.Any equipment left over 90 days without decision is subject to be discarded. Thank you for your consideration. Please feel free to contact us with any questions. Customer Chad Wendt Customer's Name(Print) Date P.O.BOX 1277,Manvel,TX 77578 Office: 281-915-5388 Office Fax: 281-915-5138 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to pay an invoice in the amount of $53,923.00 to Coastal Pump Services, Inc., of Manvel, Texas, for repair of a vertical mixed flow pump and motor utilized at the Sewer Treatment Plant with the work being performed as best value to the City due to hidden damages of the equipment. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of February, 2022. - Mayor Robin Mouton - D BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Sharae N. Reed, City Attorney MEETING DATE: February 22, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Attorney to accept the settlement negotiated by the Texas Attorney General in Opioid litigation against pharmaceutical manufacturer Teva. BACKGROUND In 2018 and 2019, Texas Attorney General Paxton filed a lawsuit against various opiod manufacturers and distributors that engaged in unlawful practices in the marketing, sale, and distribution of opioids. The City of Beaumont was identified as a community impacted by the opioid abuse epidemic. On November 9, 2021 Council approved a Resolution authorizing the City Attorney to join the Opioid litigation. Attorney General Paxton has recently reached an agreement with Teva. It is recommended that the City of Beaumont execute the necessary documents to receive the City's portion of the settlement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary between the City of Beaumont and the Texas Attorney General relating to settlement of Opioid litigation against pharmaceutical manufacturer Teva. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of February, 2022. - Mayor Robin Mouton - 1 February 22,2022 Consider a resolution supporting Abiding Grace, a proposed Housing Tax Credit (HTC)project located in the 4200 Block of West Cardinal Drive, acknowledging that the proposed project is located in a census tract having more than twenty (20)percent Housing Tax Credit units per total households, acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits, affirming that the proposed project affirmatively furthers fair housing, and offering expressed support for the project and a commitment of funding in the form of a fee waiver not to exceed $500 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager6.5 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: February 22, 2022 REQUESTED ACTION: Council consider a resolution supporting Abiding Grace, a proposed Housing Tax Credit(HTC)project located in the 4200 Block of West Cardinal Drive, acknowledging that the proposed project is located in a census tract having more than twenty (20) percent Housing Tax Credit units per total households, acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits, affirming that the proposed project affirmatively furthers fair housing, and offering expressed support for the project and a commitment of funding in the form of a fee waiver not to exceed $500. BACKGROUND Beaumont BFR,LP, a subsidiary of ITEX of Houston, is proposing to apply to the Texas Department of Housing and Community Affairs (TDHCA) for funding to develop Abiding Grace, a proposed eighty-four(84)to one hundred (100)unit housing development, located in the 4200 block of West Cardinal Drive. Currently, Beaumont has more than twice the state average of housing units supported by Tax Credits or private activity bonds per capita. As such, additional subsidized units cannot be considered for this development by TDHCA unless the City acknowledges that Beaumont has more than twice the state average of subsidized housing units per capita and offers support for the project. In addition, for the project to be considered, the City would also need to acknowledge that the project is located in a census tract that has more than twenty (20)percent Housing Tax Credit units per total households. In addition, applications that receive a Commitment of Development Funding in the amount of at least$500 in the form of a fee waiver will receive additional consideration by TDHCA. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. Greater than 20% HTC Units per Total Households in Census Tracts Pursuant to 10 TAC§§11.3(e)and 10 TAC§11.4(c)(1), applicants applying for Competitive Housing Tax Credits and/or Private Activity Bonds that propose the New Construction or Adaptive Reuse of a Development located in a census tract that has more than 20%Housing Tax Credit Units per total households as reflected in the Department's current Site Demographic Characteristics Report shall be considered ineligible unless the Governing Body of the appropriate municipality or county containing the Development has adopted a resolution stating the proposed Development is consistent with jurisdiction's obligation to affirmatively further fair housing and that the Governing Body of the appropriate municipality or county containing the Development has no objection to the Application. The resolution must be submitted by the Full Application Delivery Date as identified in 10 TAC§11.2(a), regarding Competitive HTC Deadlines, or Resolutions Delivery Date in 10 TAC §11.2(b), regarding Tax-Exempt Bond Development Dates and Deadlines,as applicable.A sample resolution is provided below. WHEREAS, Beaumont BFR,LP has proposed a development for affordable rental housing at NE Quadrant of Cardinal Drive and Fannett Road named Abiding Grace in the City of Beaumont; and WHEREAS,Beaumont BFR,LP has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs(TDHCA)for 2022 Housing Tax Credit funds for Abiding Grace It is hereby RESOLVED,that as provided for in 10 TAC§11.3(e)and §11.4(c)(1), it is hereby acknowledged that the proposed New Construction or Adaptive Reuse Development is located in a census tract that has more than 20% Housing Tax Credit Units per total households and FURTHER RESOLVED, that the City of Beaumont hereby confirms that its Governing Body has no objection to the Application, pursuant to 10 TAC§11.3(e) and §11.4(c)(1) of the Qualified Allocation Plan and FURTHER RESOLVED, that the governing body affirms that the proposed Development is consistent with the jurisdiction's obligation to affirmatively further fair housing, and FURTHER RESOLVED that for and on behalf of the Governing Body, [name,position of authorized person]are hereby authorized, empowered, and directed to certify these resolutions to the Texas Department of Housing and Community Affairs. Twice the State Average Per Capita WHEREAS,Beaumont BFR,LP has proposed a development for affordable rental housing at NE Quadrant of Cardinal Drive and Fannett Road named Abiding Grace in the City of Beaumont and WHEREAS, Beaumont BFR, LP has communicated that it intends to submit an application to the Texas Department of Housing and Community Affairs("TDHCA")for 2022 Housing Tax Credit funds for Abiding Grace It is hereby RESOLVED, that as provided for in 10 TAC §11.3(c), it is expressly acknowledged and confirmed that the City of Beaumont has more than twice the state average of units per capita supported by Housing Tax Credits or Private Activity Bonds and FURTHER RESOLVED,that the City of Beaumont hereby supports the proposed Abiding Grace, and confirms that its governing body has voted specifically to approve the construction or rehabilitation of the Development and to authorize an allocation of Housing Tax Credits for the Development pursuant to Tex. Gov't Code §2306.6703(a)(4), and FURTHER RESOLVED that for and on behalf of the Governing Body,[name,position of authorized person]are hereby authorized, empowered, and directed to certify these resolutions to the Texas Department of Housing and Community Affairs. Local Government Support and Funding Contribution WHEREAS, Beaumont BFR, LP has proposed a development for affordable rental housing at 0 Cardinal Drive named Abiding Grace in the City of Beaumont; and WHEREAS, Beaumont BFR,LP has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs for 2022 Competitive 9% Housing Tax Credits for Abiding Grace It is hereby RESOLVED, that the City acting through its governing body, hereby confirms that it supports the proposed Abiding Grace located at NE Quadrant of Cardinal Drive and Fannett Road, Beaumont, Texas 77705, and that this formal action has been taken to put on record the opinion expressed by the City on [date], and RESOLVED,that the City acting through its governing body, hereby commits to provide a contribution of at least$500 to Abiding Grace in the form of a grant or reduced fees, and FURTHER RESOLVED that for and on behalf of the Governing Body, [name, position of authorized person] are hereby authorized, empowered, and directed to certify these resolutions to the Texas Department of Housing and Community Affairs. RESOLUTION NO. WHEREAS, Beaumont BFR, LP has proposed a development for affordable rental housing at NE Quadrant of Cardinal Drive and Fannett Road named Abiding Grace in the City of Beaumont, Jefferson County; and, WHEREAS, Beaumont BFR, LP has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2022 Housing Tax Credit funds for Abiding Grace; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT as provided for in 10 TAC §11.3(e) and §11.4(c)(1), it is hereby acknowledged that the proposed New Construction or Adaptive Reuse Development is located in a census tract that has more than 20% Housing Tax Credit Units per total households; and, BE IT FURTHER RESOLVED THAT the City of Beaumont hereby confirms that its Governing Body has no objection to the Application, pursuant to 10 TAC §11.3(e) and §11.4(c)(1) of the Qualified Allocation Plan; and, BE IT ALSO RESOLVED THAT the governing body affirms that the proposed Development is consistent with the jurisdiction's obligation to affirmatively further fair housing, and, BE IT ALSO RESOLVED THAT the City of Beaumont hereby confirms that its governing body has voted specifically to approve the construction of the Development and to authorize an allocation of Housing Tax Credits for the Development pursuant to Tex. Gov't Code §2306.6703(a)(4); and, BE IT ALSO RESOLVED THAT for and on behalf of the Governing Body, Chris Boone, Director of Planning and Community Development, is hereby authorized, empowered, and directed to certify these resolutions to the Texas Department of Housing and Community Affairs. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of February, 2022. - Mayor Robin Mouton - 2 February 22,2022 Consider a resolution supporting Pioneer Crossing for Seniors, a proposed Housing Tax Credit (HTC)project located at the southeast corner of North Major Drive and Phelan Boulevard, acknowledging that Beaumont has more than twice the state average of housing units per capita supported by Tax Credits and offering expressed support for the project and a commitment of funding in the form of a fee waiver not to exceed $500 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager G`1� PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: February 22, 2022 REQUESTED ACTION: Council consider a resolution supporting Pioneer Crossing for Seniors, a proposed Housing Tax Credit(HTC)project located at the southeast corner of North Major Drive and Phelan Boulevard, acknowledging that Beaumont has more than twice the state average of housing units per capita supported by Tax Credits and offering expressed support for the project and a commitment of funding in the form of a fee waiver not to exceed$500. BACKGROUND Beaumont PC for Seniors, LLC, a subsidiary of BETCO of Austin, is proposing to apply to the Texas Department of Housing and Community Affairs (TDHCA) for funding to develop Pioneer Crossing for Seniors, a proposed seventy-two (72) to eighty (80)unit housing development, located approximately at the southeast corner of North Major Dr. and Phelan Blvd. Currently,Beaumont has more than twice the state average of housing units supported by Tax Credits or private activity bonds per capita. As such, additional subsidized units cannot be considered for this development by TDHCA unless the City acknowledges that Beaumont has more than twice the state average of subsidized housing units per capita and offers support for the project. In addition, applications that receive a Commitment of Development Funding in the amount of at least$500 in the form of a fee waiver will receive additional consideration by TDHCA. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. WHEREAS, Beaumont PC for Seniors, LLC has proposed a development for affordable rental housing at approx. SEC of N Major Drive and Phelan Blvd.named Beaumont Pioneer Crossing for Seniors in the City of Beaumont,Jefferson County; and WHEREAS, Beaumont PC for Seniors, LLC has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs for 2022 Competitive 9%Housing Tax Credits for Beaumont Pioneer Crossing. It is hereby RESOLVED, that the City of Beaumont, acting through its governing body, hereby confirms that it supports the proposed Beaumont Pioneer Crossing for Seniors located at approximately SEC of N Major Drive and Phelan Blvd. and that this formal action has been taken to put on record the opinion expressed by the City of Beaumont on [date],and FURTHER RESOLVED that the City of Beaumont, acting through its governing body, hereby confirms that, upon successful award of 2022 Competitive 9% Housing Tax Credits, the city commits to providing reduced fees or a contribution of other value that equals a minimum of$500 for the benefit of Beaumont Pioneer Crossing for Seniors; and FURTHER RESOLVED, that as provided for in 10 TAC §11.3(c) of the Qualified Allocation Plan, it is expressly acknowledged and confirmed that the City of Beaumont has more than twice the state average of units per capita supported by Housing Tax Credits or Private Activity Bonds, and FURTHER RESOLVED, that the City of Beaumont hereby confirms that its governing body has voted specifically to approve the construction of the Development and to authorize an allocation of Housing Tax Credits for the Development pursuant to Tex. Gov't Code §2306.6703(a)(4), and FURTHER RESOLVED that for and on behalf of the Governing Body, [name, position of authorized person] are hereby authorized, empowered, and directed to certify these resolutions to the Texas Department of Housing and Community Affairs. RESOLUTION NO. WHEREAS, Beaumont PC for Seniors, LLC has proposed a development for affordable rental housing at approx. SEC of N Major Drive and Phelan Blvd. named Beaumont Pioneer Crossing for Seniors in the City of Beaumont, Jefferson County; and, WHEREAS, Beaumont PC for Seniors, LLC has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2022 Competitive 9% Housing Tax Credits for Beaumont Pioneer Crossing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City of Beaumont, acting through its governing body, hereby confirms that it supports the proposed Beaumont Pioneer Crossing for Seniors located at approximately SEC of N Major Drive and Phelan Blvd. and that this formal action has been taken to put on record the opinion expressed by the City of Beaumont on February 22, 2022; and, BE IT FURTHER RESOLVED THAT the City of Beaumont, acting through its governing body, hereby confirms that, upon successful award of 2022 Competitive 9% Housing Tax Credits, the city commits to providing reduced fees or a contribution of other value that equals a minimum of $500 for the benefit of Beaumont Pioneer Crossing for Seniors; and, BE IT ALSO RESOLVED THAT as provided for in 10 TAC §11.3(c) of the Qualified Allocation Plan, it is expressly acknowledged and confirmed that the City of Beaumont has more than twice the state average of units per capita supported by Housing Tax Credits or Private Activity Bonds; and, BE IT ALSO RESOLVED THAT the City of Beaumont hereby confirms that its governing body has voted specifically to approve the construction of the Development and to authorize an allocation of Housing Tax Credits for the Development pursuant to Tex. Gov't Code §2306.6703(a)(4); and, BE IT ALSO RESOLVED THAT for and on behalf of the Governing Body, Chris Boone, Director of Planning and Community Development, is hereby authorized, empowered, and directed to certify these resolutions to the Texas Department of Housing and Community Affairs. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of February, 2022. - Mayor Robin Mouton - 3 February 22, 2022 Consider approving the purchase of a Tub Grinder for use in the Solid Waste Department BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: February 22, 2022 REQUESTED ACTION: Council consider a resolution approving the purchase of a Tub Grinder for use in the Solid Waste Department. BACKGROUND A Vermeer TG5000 Tub Grinder will be purchased from Vermeer Texas-Louisiana of Cypress, Texas, in the amount of$589,960.00. The existing unit will be traded in for a credit of $60,000.00, making the overall price $529,960.00. This equipment is used to grind and mulch large items at the landfill. The new tub grinder will replace unit 5096, which is a 2008 Precision Husky 5100 KBL Tub Grinder that has exceeded its expected service life, with an estimated cost of$318,227.85 to repair and rebuild it. Bids were requested from seven vendors and two vendors responsed. The bid table is attached. A warranty of one year is provided and will be serviced by Vermeer. FUNDING SOURCE $389,000 was budgeted in the Solid Waste Fund based on a quote from a prior vendor. That vendor declined to submit a bid due to the liability language contained in the bid request. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were solicited for the purchase of a Vermeer TG5000 Tub Grinder for use by the Solid Waste Department; and, WHEREAS, Vermeer Texas-Louisiana, of Cypress, Texas, submitted a bid in the amount of$589,960.00, with a vendor credit in the amount of$60,000.00 making the total purchase price $529,960.00, as shown in Exhibit "A," attached hereto; and, WHEREAS, the City Council is of the opinion that the bid submitted by Vermeer Texas-Louisiana, of Cypress, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Vermeer Texas-Louisiana, of Cypress, Texas, for the purchase of a Vermeer TG5000 Tub Grinder for use by the Solid Waste Department in the amount of$589,960.00, with a vendor credit in the amount of$60,000.00 making the total purchase price $529,960.00, as shown in Exhibit "A," attached hereto, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Vermeer Texas-Louisiana, of Cypress, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of February, 2022. - Mayor Robin Mouton - CITY OF BEAUMONT, BEAUMONT TEXAS B EAU M O N T PURCHASING DIVISION BID TABULATION TEXAS Bid Name: Purchase of one(1)Tub Grinder for Solid Waste Bid Number: MF0122-24 Bid Opening: THURSDAY, February 10,2021 @ 2:00 p.m. Contact Person: Christy Williams christy.williams@beaumonttexas.gov Phone:409-880-3758 Brabandt Equipment Vermeer Texas-Louisiana Vendor City/State Austin,Texas Cypress,Texas Phone No. 512-269-0888 281-671-6000 ITEM NO. QTY. DESCRIPTION Unit Price Unit Price 1 1 EA Tub Grinder, per specifications $608,456.20 $579,960.00 Delivery of Tub Grinder to: City of Beaumont Fleet Dept., 4955 Lafin $9,500.00 $10,000.00 2 1 EA Dr., Beaumont, Tx. 77705 ,t4ik fed 3 1 EA Trade In Allowance $0.00 -$60,000.00 Total Purchase Price including Items 1, 2, & 3 $617,956.20 $529,960.00 1 year 1 year Manufacturer Warranty Bandit Industries Vermeer Manufacturer and Brand Bid for Item 1 above: EXHIBIT "A" 4 February 22,2022 Consider a resolution rejecting a proposal for the lease and operation of Tyrrell Park Stables BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: February 22, 2022 REQUESTED ACTION: Council consider a resolution rejecting a proposal for the lease and operation of Tyrrell Park Stables. BACKGROUND Eight vendors were solicited for a Request for Proposal to lease the Tyrrell Park stables from the City for the boarding of horses as well as a venue for riding lessons. Specifications contained an option to lease the Ranger House located at the adjacent property and required a minimum monthly payment to the City of$500 per facility, payment of all utilities, as well as maintenance requirements of the facilities and the attached grounds. One submission was received from the current operators, Tyrrell Park Stables, LLC of Beaumont with an offer to pay the City $350 per month for the stables to increase to $500 per month once all riding trails are completed by the City,and$500 per month for the Ranger House minus the$1,500 security deposit as was required by the specifications. The vendor takes exception to the maintenance requirements of the facilities and grounds and asks that the City perform all of the maintenance. The lease is for one year with three one-year renewals. Staff recommends that Council reject the proposal for not meeting specifications. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on January 27, 2022 one (1) Request for Proposal was received for the lease and operation of Tyrrell Stables from the City for the boarding of horses, as well as a venue for riding lessons; and, WHEREAS, the vendor takes exception to the maintenance requirements of the facilities and grounds and asks that the City perform all of the maintenance; and, WHEREAS, it is the recommendation of City of Beaumont Finance Department to reject the one (1) proposal for not meeting specifications; and, WHEREAS, the City Council finds it is not in the best interest of the citizens of Beaumont to accept the proposal for the lease and operation of Tyrrell Park Stables and that said bid should be rejected; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council does hereby reject the Request for Proposal received for the lease and operation of Tyrrell Park Stables from the City for the boarding of horses, as well as a venue for riding lessons. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of February, 2022. - Mayor Robin Mouton -