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HomeMy WebLinkAbout06/29/2021 MIN BEAUM© NT T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert"A.J." Turner Jr.,At-Large BECKY AMES, MAYOR Randy Feldschau, Mayor Pro Tem Taylor Neild,Ward I CITY COUNCIL MEETING Michael Getz,Ward II Audwin Samuel,Ward III JUNE 29, 2021 Chris Durio,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 June 29, 2021, atthe City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: Mayor Ames called the council meeting to order at 1:30 p.m. OPENING < Invocation Pledge of Allegiance Roll Call Pastor Edison Colbert, Jr.,with Paradise Baptist Church gave the invocation. Chadlyn Coleman led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present atthe meeting were MayorAmes, Mayor Pro Tem Feldschau, Councilmembers Durio, Getz, Turner, Samuel and Neild. Also, present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. ELECTION OF MAYOR * Consider approval of an ordinance canvassing the results of the June 19, 2021, City Runoff Election The Election Code, Section 67.003, states that each local canvassing authority shall convene to conduct the local canvass at the time set by the canvassing authority's presiding officer not later than the eleventh day after election day and not earlier than the later of the third day after election day;the date on which the early voting ballot board has verified and counted all provisional ballots, if a provisional ballot has been cast in the election, or the date on which all timely received ballots cast from addresses outside of the United States are counted, if a ballot to be voted by mail in the election was provided to a person outside of the United States. Council shall meet and canvass the returns and officially declare the results. The Elected official will be sworn in and take office in their respective position. The canvassing totals that are reflected in the attached draft ordinance are not the final canvassing numbers, they will be provided by the Jefferson County Clerk on or before June 29, 2021. Approval of Ordinance. Minutes—June 29,2021 Councilmember Getz moved to ADOPT AN ORDINANCE CANVASSING THE RETURNS OF THE RUNOFF ELECTION OF THE CITY OF BEAUMONT HELD ON THE 19TH DAY OF JUNE 2021,FOR THE PURPOSE OF ELECTING A MAYOR; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR REPEAL. Councilmember Samuel seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS DURIO,GETZ, TURNER, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 21-040 * Administering the oath of office * Mayor/Councilmembers/City Manager/City Attorney comments • Recess at - 2:04 p.m. RECONVENE MEETING - at 2:38 p.m. Presentation and Recognition Public Comment: Persons may speak on items 1,2 and 4-8 Proclamations, Presentation, Recognitions None Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on items 1,2 and 4-8 None 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.) 1. Approval of the June 22, 2021, City Council Meeting Minutes 2. Authorize the conveyance of a Drainage Easement to Jefferson County Drainage District No. 6 - Resolution 21-154 Councilmember Neild moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS DURIO, GETZ,TURNER, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Minutes—June 29,2021 REGULAR AGENDA 3. Consider a request for a Specific Use Permit to allow a church to be located at 2453 Broadway Street in the RCR-H (Residential Conservation Revitalization — Historic) District. Weldene Smith, is requesting a Specific Use Permit to establish a church at 2453 Broadway Street. The most recent occupant of the property was Jason's Deli, for office space. Worship services would be held on Sunday mornings. The rear of the property is paved for parking. However, the spaces (including the handicap spot) will need to be repainted. The site plan will need to be updated to show the proposed parking layout with dimensions prior to repainting. At a Joint Public Hearing held on June 21, 2021, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow for a church in the RCR-H (Residential Conservation Revitalization — Historic) District with the following conditions: 1. Update site plan to show the proposed parking layout with dimensions to meet city requirements. 2. Restripe parking at rear of building. Approval of the ordinance with the following conditions: 1. Update site plan to show the proposed parking layout with dimensions to meet city requirements. 2. Restripe parking at rear of building. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN RCR-H (RESIDENTIAL CONSERVATION REVITALIZATION-HISTORIC) DISTRICT FOR PROPERTY LOCATED AT 2453 BROADWAY STREET,WITH THE CONDITIONS, IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Neild seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEN FELDSCHAU, COUNCILMEMBERS DURIO, GETZ,TURNER, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 21-041 4. Consider authorizing the City Managerto execute Change Order No. 1, accept maintenance, and authorize final payment to Excavation &Construction forthe Concrete Pavement Repair- City Wide Project. On October 23, 2018, by Resolution No. 18-267, City Council awarded a contract to Excavation &Construction, of Port Arthur, in the amount of$3,656,485.47, for the Concrete Pavement Repair— City Wide Project. Proposed Change Order No. 1, in the amount of ($280,109.12), is required to deduct scheduled repairs thatwere either completed by the City's Streets and Drainage Division and Mmtes-June 29,2021 are better suited for asphalt rehab. Change Order No. 1 will also adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved, the adjustment in quantities would result in a final contract amount of $3,376,376.35. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of Change Order No. 1, maintenance, and final payment in the amount of$176,418.82 is recommended. Funds will come from the Capital Program — Street Rehabilitation Program. Approval of the resolution. Mayor Pro Tern Feldschau moved to APPROVE A RESOLUTION THAT CHANGE ORDER NO.1,IN THE AMOUNT OF($280,109.12)IS NECESSARY TO DEDUCT SCHEDULED REPAIRS THAT WERE COMPLETED BY THE CITY'S STREETS AND DRAINAGE DIVISION AND TO ADJUST THE ESTIMATED QUANTITIES IN THE CONTRACT TO REFLECT THE ACTUAL QUANTITIES USED IN THE COMPLETION OF THE PROJECT, THEREBY DECREASING THE TOTAL CONTRACT AMOUNT TO $3,376,376.35 AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO.1,IN THE AMOUNT OF ($280,109.12), THEREBY DECREASING THE CONTRACT AMOUNT TO $3,376,376.35. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS DURIO, GETZ,TURNER, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 21-155 5. Consider authorizing the City Manager to award a contract to Infrastructure Engineering & Construction, LLC of Houston for the Pine Street Water Treatment Plant electrical building improvements. The Pine St. Electrical Building Flood Protection Improvements Project shall provide flood mitigation for the main electrical building and generator building at the City of Beaumont's Water Treatment Plant and provide elevated improvements to the existing diesel tank. On June 10, 2021, three (3) bids were received forfurnishing all labor, materials, equipment, and supplies for the project. The bid totals are indicated in the table below: Contractor Location Total Award Amount Infrastructure Engineering & Construction, LLC Houston, TX $522,464.00 Deztex Industrial Services, LLC d/b/a RAMTEX _ Beaumont, TX $544,989.22 A ex Alliance, LLC _ Port Neches, TX $612,063.00 En ineer's Estimate $526,000.00 Min Wes—June 29,2021 Based on a review of the bids and required documents received, the Water Utilities staff agrees with Freese and Nichols, Inc., and recommends awarding the project to the lowest bidder, Infrastructure Engineering & Construction, LLC in the amount of$522,464.00. A total of 260 calendar days are allocated for the completion of this project. Funds will come from the Capital Program in the amount of $130,616.00 and Federal Emergency Management Agency (FEMA) in the amount of$391,848.00. Approval of the resolution. Councilmember Nelld moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO INFRASTRUCTURE ENGINEERING AND CONSTRUCTION, LLC, OF HOUSTON, TEXAS, IN THE AMOUNT OF $522,464.00, FOR THE PINE STREET ELECTRICAL BUILDING FLOOD PROTECTION IMPROVEMENTS PROJECT;AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH INFRASTRUCTURE ENGINEERING AND CONSTRUCTION, LLC, OF HOUSTON, TEXAS. Councilmember Samuel Seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS DURIO, GETZ, TURNER, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 21-156 DISCUSSION ITEMS 1. Review and discuss compensation for civilian employees Kyle Hayes, City Manager reviewed and discussed compensation for civilian employees. Mr. Hayes stated that civilian employees last received a 3% increase in October of 2019. The administration is proposing a one-time payment to all full-time civilian employees (including appointed officials) of 2% of their base wages. Employees on the payroll will receive the payment, employees making less than $50,000 per year in base wages will receive $1,000.00 less payroll taxes, pension contributions and other related deductions. The estimated cost will be: General Fund - $790,000 Water Fund - $180,000 Solid Waste Fund - $82,000 Hotel Occupancy Tax Fund - $18,000 Fleet Fund - $42,000 The fund balances in the above funds are very healthy and can afford the payments with the exception of the fleet fund. A transfer to the fleet fund may be necessary towards the end of the fiscal year. Minutes—June 29,2021 2. Review and discuss retrofitting an existing vehicle to be used for High Water Rescue Todd Simoneaux, Chief Financial Officer reviewed and discussed retrofitting an existing vehicle to be used for High Water Rescue. Currently the City has 20 dump trucks that it owns and operates, the dump trucks work in various departments throughout the city but are used primarily during storm and flooding events as high- water rescue vehicles, the dump trucks can ride in 2 (two)to 2 % (two and a half)feet of water or 30 (thirty) inches of water. Stated with the dump truck as it is now, when a citizen is rescued, a ladder would be used to get the citizen in the truck because of how high the truck sits, if the citizen can't climb the ladder, then the citizen has to be picked up and carried inside the cargo area to bring them to safety, this can cause injury to the employee and the citizen. In order to improve the efficiency and safety of the high-water rescue operations, staff is proposing a highwater rescue vehicle that can drive through about four (4) feet of water or close to fifty (50) inches of water, there would also be a lift gate to securely bring the citizens into the cargo area as well as a tarp to keep the citizens dry. Mr. Simoneaux stated that there are several options that can be done: 1. To purchase the vehicle directly from a vendor, the cost would be a little over $200,000, these vehicles won't be new, they would be refurbished military vehicles 2. The city can take an existing dump truck and do some conversions to it and make it look like one that would be purchased from a vendor, $30,000 of the conversion could be done in house and then send the vehicle off to the manufacturer of a company that refurbishes the military vehicles and they would do an additional approximately $40,000 of work, for a price of about $70,000 the city could convert one of the existing reserve dump trucks into a highwater vehicle Mr. Simoneaux stated that he believes that FEMA would offer funding for this type of vehicle, the city opted into a program with Hurricane Harvey called the DAC Program (Direct Administration of Cost), basically however many dollars FEMA has obligated to the city, right now for Hurricane Harvey it's $75 million and expected to go to $85 million, the city gets 4% to 5% of that obligated cost to use to reimburse for administrative cost, mitigation cost or emergency training. The city would possible, get$3.4 to$4.2 million to work with as far as the mitigation project, training orthe city being reimbursed. This is a pilot program,the city is learning more about the program each day, nothing is guaranteed until it's received. If the city doesn't secure the use of the FEMA funds,there's plenty of fund balance in the general fund to cover the cost for this type of conversion 3. Review and discuss Water and Sewer Infrastructure and related projects Bart Bartkowiak, Public Works Director reviewed and discussed the water and sewer infrastructure and related projects. The process of water utilities was discussed along with the water production, water production recent projects from 2020, ongoing projects, planned projects, discolored water, free chlorine conversion, water distribution system recent and ongoing projects, water distribution system planned projects, wastewater collection system, inflow and infiltration Minutes—June 29,2021 COMMENTS Public Comments (Persons are limited to three minutes) Nicholas Hunger 9155 Mapes Beaumont TX Congratulated Mayor Mouton on her election, stated that he's been presented with an opportunity to build a business and that he's been running his own social media production services by himself for the last two years, stated that he's been blessed to have enough work and spread it out, he's been presented with an opportunity outside of Beaumont, also spoke of his non-profit called "I Can", stated that he's excited about the direction that Beaumont is going and a lot of things that will be coming down the pipe, the city should start by designing a new logo for Beaumont Addie Allen 9695 Gross Beaumont TX Congratulated Mayor Mouton, stated that she stands before them because there are issues that she cares about, thanked them for the answer regarding the airport, stated that a plane flew over her neighborhood at about 3 a.m., they didn't do the frequent flying as they have been doing, in regards to the discussion of item #6 regarding compensation for civilian employees, she was wondering about civil service employees, commented on The American Rescue Act, stated that the city received money from that particular grant, doesn't think it said anything different whether it was civilian or civil service and of course if you're giving a $1,000.00 bonus and it's less than a $1,000.00 after taking the taxes out,thinks that Council should considerjust a little bit more, would like to see when the Rescue Act would be on the agenda, there are several things that address the employees, a happy employee makes a happy city service personnel, thanked Council for the discussion on the water and sewer because that's been an issue, stated that it seems like the citizens were in the worksession with the Council, information is so important, thanked Council for their service and sees a change already, stated that she had one more question, Houston went through Hurricane Harvey and did an aggressive movement where water accumulated and affected citizens, doesn't know what the statics are where the city has done the movement of making sure that floods don't happen in the same place repeatedly, asked that Council consider an air horn, the past Mayor stated that everyone has cell phones, she still believes thatthe city needs an air horn, it has happened in the pastthat the media has gone down, hopes thatthe city looks at the air horn, now that we are in hurricane season or one in the future Thefarro Richard 5275 Parkview Dr. Beaumont TX Stated that she's the owner of House of Pearls for homeless women, The Cornerstone for homeless men, disabled veterans and second chances for convicted felons, congratulated Mayor Mouton, stated that after doing research regarding property taxes here in Beaumont, she discovered that the property tax rate for most of the properties is 1.59%, she proposed that the City Council would allow her, her foundation and her partners to purchase Concord Homes, it's her understanding that the City was allocated a $12 million dollar grant that the city lost because of advocacy groups in Austin, Texas,who proposed that knocking down the property was some type of self-discrimination against lower social economic groups, stated that the property is just sitting and it's the ideal property for her and her foundation because the majority of the homeless people here in Beaumont reside under the bridge which is literally right down the street, she's wanting to repair and rehab the property which has over a Minutes—June 29,2021 hundred units, her proposal is that it will below income, meaning whether they charge them a $1.00 a day depending on their economic status, $30.00 a day or$300.00 a month, this will generate over $3 million dollars a year for them, she's also proposing not to have a tax exempt status as the Beaumont Housing Authority does, but to pay taxes atthe 1.59%which would generate $190,000.00 dollars in property taxes for the city at a rate of $12 million dollars a year, she wants to be a light and hopes that the City Council will help her Tracy Ballard Arline 6050 Chisholm Trail Beaumont TX Appreciates the opportunity to speak, commented on the compensation for the employees, as well as the high-water rescue vehicle and the lift for those in wheelchairs etc., stated that she's available if they need any help from someone that actually knows what citizens in wheelchairs like her would need • Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD- NONE COUNCILMEMBER SAMUEL- NONE MAYOR PRO TEM FELDSCHAU - NONE COUNCILMEMBER TURNER- NONE COUNCILMEMBER GETZ- CONGRATULATED EMILY WHEELER AND HER STAFF FOR BRINGING THE AIR FORCE NATIONAL GUARD BAND TO THE J EFFERSON THEATRE,IT WAS A GREAT PERFORMANCE WITH A GREAT CROWD, APPRECIATES WHAT THEY DO COUNCILMEMBER DURIO - NONE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - COMMENTED ON A BOOK THAT HE FOUND WRITTEN BY BEN WOODHEAD, WHO GREW UP IN BEAUMONT AND WAS A REPORTER ATONE TIME WITH THE LOCAL NEWSPAPER,HE HAS A SON AND A DAUGHTER THAT STILL RESIDES HERE IN BEAUMONT, THE BOOK WAS WRITTEN IN 1966, TITLED "BEAUMONTER AT LARGE"STATED THAT IT'S A VERY POSITIVE BOOK AND A GREAT READ,JUST WANTED TO READ SOMETHING FROM THE LAST CHAPTER THAT'S CALLED "MOP UP" IN THE THIRD OR FOURTH PAGE FROM THE END, THERE'S A PORTION THAT READS "THE THING THAT RATHER DISTURBS ME ABOUT MY HOME TOWN IS IT'S RELATIVE LACK OF UNITY WHERE MATTERS RELATING TO THE COMMON GOOD ARE CONCERNED, DIFFERENCE OF OPINION IS HEALTHY BUT IN OUR CASE IT OFTEN APPROACHES DEEP ROOTED ACRIMONY, THERE HAS BEEN EVIDENT TO MUCH OF A DEFEATIST ATTITUDE WHEN SOMETHING IS PROPOSED FOR OUR GENERAL BETTERMENT, Minutes—June 29,2021 THERE'S BEEN TOO MUCH REACTION OF WHY IT CAN'T BE DONE RATHER THAN HOW IT CAN BE DONE, I REMARKED IN A PREVIOUS CHAPTER THAT CITIES, LIKE INDIVIDUALS HAVE DISTINCTIVE PERSONALITIES, THAT IS A PERFECTLY NORMAL CIRCUMSTANCE, A CITY AFTER ALL IS NOTHING MORE THAN A COMPOSITE OF THE PEOPLE WHO MAKE THEIR HOMES THERE, AND ONE OF BEAUMONT'S COMMUNITY SINS MAY WELL BE IN DECISION AND HESITATION RATHER THAN FORTH RIGHT ACTION,I WOULD RATHER SEE US TAKE A FEW MORE CHANCES AND GET STUNG ONCE IN A WHILE", THE CITY MANAGER STATED THAT THIS WAS WRITTEN 53 YEARS AGO AND SOMETIMES WE DEAL WITH THE SAME TYPE ISSUES TODAY, JUST WANTED TO SHARE WITH EVERYONE MAYOR MOUTON - NONE Open session of meeting recessed at 4:58 p.m. CLOSED SESSION + Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: 555 Main Street * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Gerald Taylor, Sr., Individually, and as a Surviving Father of G.T., Decedent vs. City of Beaumont qw-44� Claim f Lneral Contractors Ro n Mouton, M yor a ��D �?\44 ma-, Tina Broussard, Uity Clerk Minutes—June 29,2021