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HomeMy WebLinkAbout04/05/2022 MINREAUM-ONT'_ 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 APRIL 5, 2022 Chris Durio, Ward IV Tina Broussard City Clerk Chris Boone, Interim 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 April 5, 2022, at the City Hall Council Chambers, 801: Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: * Invocation Pledge of Allegiance Roll Call Proclamations, Presentation and Recognition Public Comment: Persons may speak on the Consent Agenda and Agenda items 1-4 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Edison Colbert with Paradise Missionary Baptist- 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 Tern Samuel, Councilmembers Durio, Turner, Feldschau and Neild. Absent: Councilmember Getz. Also, present were Chris Boone, Interim City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "National Public Health Week" —April 4-10; 2022.— Proclamation read by Mayor Pro Tern Samuel; accepted by Kenneth Coleman, Public Health Director, and staff "Sexual Assault Awareness Month" —April 2022.- Proclamation read by Mayor Mouton; accepted by Cheryl Williams, Executive Director and Traci Middleton, Crisis Intervention Coordinator Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-4 Addie Allen 9695 Gross Beaumont TX Spoke regarding Item #4 on the agenda; Contract for the demolition of the two structures located at 555 Main Street 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.) Minutes — April 5, 2022 A. Approval of the March 29, 2022, City Council Meeting Minutes D. Authorize the settlement of the claim of Delisa Robertson - Resolution 22-099 Mayor Pro Tern Samuel moved to approve the Consent Agenda excluding Items B and C. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED B. Approve a resolution rejecting all bids received for miscellaneous filters used by Fleet - Resolution 22-097 Councilmember Neild moved to approve rejecting all bids received for miscellaneous filters used by fleet. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED C. Approve a. contract to provide preventive maintenance for City vehicles - Resolution 22-098 Councilmember Neild moved to approve rejecting a contract to provide preventive maintenance for city vehicles. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION.PASSED AGENDA 1. Consider approving a contract with Gulf Coast Electric Company, Inc. to repair twelve light poles at the Athletic Complex located at 950 Langham. Pricing was obtained from Gulf Coast Electric Company, Inc., to repair twelve light poles and install twelve concrete foundations for Complex #4 located at 950.1-angham Road. As part of the formal bid process, the City Purchasing Division solicited bids from electrical contractors and general contractors as well as posting it on the City Bid Opportunities website and in the local newspaper. Gulf Coast Electric Company, Inc., was the sole and qualified bidder in the amount of $425,000.00. Minutes — April 5, 2022 This project resulted from the failure of one metal pole and the deterioration of the remining eleven light poles located on the site. This project was brought before City Council on. March 16, 2021, to -seek approval to remove and dispose of the twelve light poles and fixtures and consider the installation of new light poles, LED fixtures, and concrete foundations. At the March 16, 2022, meeting, City Council directed the City Manager to take down the existing light poles and seek the services of an engineering firm to design new base plates and foundations for the existing poles. City staff contracted with Sigma Engineers to design the project. This project is necessary to ensure that the playing fields remain safe and operable for nighttime events. Once the project is awarded, it is expected to take 180 calendar days to complete. Funds. will come -from the Capital Reserve Fund. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED :BY GULF COAST ELECTRIC COMPANY, INC., OF BEAUMONT, TEXAS, TO REPAIR TWELVE (12) LIGHT POLES AND INSTALL TWELVE (12) CONCRETE FOUNDATIONS AT THE BEAUMONT ATHLETIC COMPLEX FIELD #4 LOCATED AT 950 LANGHAM ROAD IN THE AMOUNT OF $425,000.00 AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH GULF. COAST ELECTRIC COMPANY, INC., OF BEAUMONT, TEXAS. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM . SAMUEL, COUNCILMEMBERS DURIO, TURNER AND NEILD NAYS: NONE ABSTAIN: COUNCILMEMBER FELDSCHAU MOTION PASSED Resolution 22-100 2. Consider approving a contract for the third -floor renovation of the Municipal Court Building located at 700 Orleans. The city solicited bids for the renovation of the third floor for the Municipal Court building. The renovation will add additional walls to create shelter for City employees during a disaster, create meeting spaces for training by the Police Department and Emergency Management, add drop ceilings to reduce the current noise level due to the HVAC systems, as well as upgrade lighting, current sprinkler systems, and the existing. elevator. Fourteen (14) vendors were notified as well as advertising on the City web page and newspaper adds. Five bids were submitted. Delk Construction Inc. of PortArthur responded with the low qualified bid of $376,500.00 to complete the project. Funds will come from the Port Security Grant. Approval of the resolution. Minutes —April5, 2022 Councilmember Feldschau moved to APPROVE A RESOLUTION AWARDING A CONTRACT TO DELK CONSTRUCTION, INC., OF PORT ARTHUR, TEXAS, IN THE AMOUNT OF $376,500.00 FOR THE THIRD FLOOR RENOVATION OF THE MUNICIPAL COURT BUILDING LOCATED AT 700 ORLEANS STREET AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH DELK CONSTRUCTION, INC., OF PORT ARTHUR, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, TURNER AND FELDSCHAU NAYS: NONE ABSTAIN: COUNCILMEMBER NEILD MOTION PASSED Resolution 22-101 3. Consider authorizing the rehabilitation of a Belt Filter Press at the Wastewater Treatment Plant. The city owns and maintains several belt filter presses at the Wastewater Treatment Plant. The belt filter presses are critical in processing the sludge to bring to the landfill. This work is to rehabilitate one of the larger belt filter presses to extend its useful life. Pricing. for the replacement parts and rehabilitation services was obtained from Alfa Laval Inc., of Houston. Alfa Laval Inc. is the sole source provider of the belt filter press parts and service. The total cost is $178,013.00. Funds will come from the Water Utilities Fund. Approval of the resolution. Councilmember Neild moved: to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF REPLACEMENT PARTS AND REHABILITATION SERVICES OF A BELT FILTER PRESS FOR USE BY THE WATER UTILITIES DEPARTMENT FOR THE WASTEWATER TREATMENT PLANT FROM ALFA LAVAL, INC., OF HOUSTON, TEXAS, A SOLE SOURCE PROVIDER OF BELT FILTER PRESS PARTS AND SERVICE, IN THE AMOUNT OF $178,013.00. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-102 4. Consider approving a contract for the demolition of the two structures located at 555 Main Street. Minutes — April 5, 2022 The city solicited bids for the demolition and removal of the two structures located at :555 Main Street which included the removal of all debris, -asphalt paving, concrete sidewalks and curbs, concrete paving sections, and the in -ground generator fuel tank. Twenty-three (23) vendors were notified as well as advertising on the City web page and newspaper adds. Two bids were submitted. Prism Response., LLC dba Alloy Group of - Houston responded with a proposal of $739,925 to complete the project. They also submitted a proposal of $17,725 for the requested alternate bid, for the removal. and disposal of asphalt base material and concrete on Cypress Street. Funds will come -from the Capital Program. Approval of the resolution. Mayor Pro Tern Samuel moved t0 APPROVE A RESOLUTION THAT THE BID SUBMITTED BY PRISM RESPONSE, L.L.0 DBA ALLOY GROUP, OF HOUSTON, TEXAS IN THE AMOUNT OF $7391925.00 FOR THE DEMOLITION AND REMOVAL OF TWO STRUCTURES LOCATED AT 555 MAIN STREET INCLUDING THE REMOVAL OF ALL DEBRIS, ASPHALT PAVING, CONCRETE SIDEWALKS AND CURBS, CONCRETE PAVING SECTION, AND THE IN -GROUND GENERATOR FUEL TANK; AND THE ALTERNATE BID IN THE AMOUNT OF $17,725.00. FOR THE REMOVAL AND DISPOSAL OF ASPHALT BASE MATERIAL AND CONCRETE ON CYPRESS STREET .BE ACCEPTED BY THE CITY OF BEAUMONT AND THAT THE CITY ,MANAGER IS AUTHORIZED TO EXECUTE A CONTRACT WITH PRISM RESPONSE, LLC DBA ALLOY GROUP, OF HOUSTON, TEXAS. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO AND FELDSCHAU NAYS: COUNCIL MEMBERS TURNER AND NEILD MOTION PASSED . I Resolution 22-103 DISCUSSION ITEM Review and discuss homeless encampments in the City of Beaumont Sharae Reed, City Attorney reviewed and discus_ sed homeless encampments in the City of Beaumont. Ms. Reed- discussed House Bill 1925 called, the Camping Band Act, which was enacted September 1, 2021, which restricts how city's handle camping, the City of Beaumont currently doesn't have a camping ordinance but does have in a section of an ordinance, chapter. 24, that regulates mobile homes, manufactured homes, recreational vehicles and how they are operated and regulated - within the city. Ms. Reed stated that she's aware that in one of our historical neighborhoods there is a camp site that's on private property, with the adoption of the zoning ordinance the city did establish a Historical Culture and Landmark Preservation Overlay District, the purpose of that district is to regulate the historical integrity in that area which mostly includes building and structure, fencing, landscaping, paint colors and stains, and it's meant to make sure that the area is maintained in a way that would reflect historical accuracy but doesn't regulate aesthetics. The camp site that's on private property wouldn't fall within something the Historic District can regulate because it's not a structure or building and that's what the Historic Landmark Minutes — April 5, 2022 Commission regulates as well as what the ordinance is intended to regulate. There was additional conversation between Council and the City Attorney regarding the HB, camp sites and the City Ordinance. COMMENTS Public Comments (Persons are limited to three minutes) Rodney Dencklau 4105 Chaison Ave. Beaumont TX Spoke to Council regarding an issue that's occurred on two occasions on CalderAve. by St. Anne Catholic School, parents are picking up their.kids from school and parking in front of the bus stops, there's no parking in front of any bus stop, .stated that he called the police on both occasions, the police officer that came out stated that he would speak with the police.officer at the school and so far nothing has been done, it's still happening, asked if Council could speak with the school to see if they could do or say something to the parents regarding this issue, if they block the bus stop the bus will pass them by and they have to wait for the next bus, commented on the homeless and asked everyone to pray for Ukraine Bill Tinsley . 2645 Ashley .- Beaumont TX Spoke to Council regarding a water leak at his property, 2645 Ashley, stated that his tenant called to state there was a water leak and the city disconnected the water, he went to the residence the same day to see what the problem was and determined he need to go back the next morning with his helper, he and the helper identified approximately where the water leak was, the pipe leading from his property to the water line for the city had come apart, after contacting the Water Department, he decided to fix the issue and turned the water back on, the city is asking the tenant to pay a $6,000.00 water, bill, he feels that if he hadn't fixed the leak and restored the water there wouldn't be a problem, wanted to know if there's anything the city -.could do to help Addie Allen 9695 Gross Beaumont TX Stated that on last week a gentleman stood before Council from the Acorn Neighborhood in regards to an issue with water, the former City Manager directed the gentleman to speak with a person present at the meeting from the Water Department, she spoke with the gentleman as well, gave him her number and still hasn't received a call, there's standing water in the Amelia Neighborhood, years ago she stood at the podium and asked for some consideration for her neighborhood regarding that issue, commented on the Municipal Airport, there's, going to. be a Fly.ln on April 16, 2022-, airplanes are flying at 11:00 p.m., at night and all through the day, was told earlierthat Municipal Airport was a station that would be for. fueling,. knows that the City of Beaumont has authority regarding the building, there's noise and low flying planes and they aren't Jefferson County planes spraying for mosquitoes, thinks that their neighborhood is owed an explanation, would like to know what's going on, congratulated United High School Basketball Team on their win, was on Fannett Rd., and noticed the school doesn't have sidewalks, wanted to know why? it's an. -old historic area, maybe the city could collaborate with the school district to get sidewalks, thinks the aesthetics in that area should be nice Minutes — April 5, 2022 Carolyn Wright 2335 St. Anthony Beaumont TX Spoke to Council about the ditches on their street, the ditches need to. be dug out and cleaned, the grass is high and water is standing, stated that on March 23, 2022, ExxonMobil had a huge flare and residents in that area were affected by the flare, everyone in the neighborhood had their homes smelling like smoke, doesn't know who to contact, did call TCEQ with this issue, the citizens could have been contacted by STAN, so that they could have evacuated the area D. Fetherlin 6770 Lexington Beaumont T.X Spoke to Council regarding an issue with her business and the Permit Department, she's: trying to move her business back- to where she began which is a few doors down, the Permit Department stated that she's a manufacture which she is not, she has dealt with this issue on two separate occasions, it was finally clear that her business wasn't a manufactured business and the permits were issued, stated she now wants to move back into the location of where she is now just a few doors down, she's being told by someone in the Permit Department that the.address doesn't exist and not only does it not exist but they couldn't issue a permit for that address because she has a manufacturing business, stated that she's not a manufacturer and if she was she wouldn't open a business at that location because she would be making noise, stated that this is ridiculous she has to keep going through the same thing over and over, informed Council that she had a conversation with a business man in Port Neches whom she helped with decoration of one of his facilities, she asked the question, as to why he wouldn't open a business of that type in Beaumont, the gentleman stated that he could not stand all the red tape here in Beaumont that a person has to go through to open a business, thanked the Mayor for whatever she did regarding the homeless, she can now operate her business without having to lock her door * Councilmembers/City Manager/City.Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER DURIO - THANKED EVERYONE FOR ATTENDING THE MEETING, ENCOURAGED CITIZENS TO USE THE CITY'S WEB PAGE AND FACEBOOK PAGE, THERE'S A LOT OF GOOD INFORMATION OUT THERE, ALSO USE 311 AS WELL, THANKED STAFF THAT MADE PRESENTATIONS, THANKED THE HEALTH DEPARTMENT FOR ALL THEY DO AND FOR THEIR GUIDANCE .THROUGH COVID, THANKED THE CITY ATTORNEY FOR THE PRESENTATION ON THE HOMELESS, GAVE THE COUNCIL A LOT OF IMPORTANT INFORMATION, THINKS THE CITIZENS LEARNED A LOT AS WELL COUNCILMEMBER GETZ - ABSENT COUNCILMEMBER TURNER - WANTED TO REITERATE THAT FORD ARENA, AND BASEBALL/SOFTBALL IS THE NUMBER ONE TOURISM IN THE CITY, THINKS THAT THE CITY NEEDS TO CAPITALIZE ON TURFING THE BASEBALL FIELDS ON COLLEGE STREET BECAUSE OF THE ECONOMIC GAIN IT WOULD BRING, COMMENTED ON ATTENDING Minutes —April 5, 2022 THE TML CONFERENCE, NOTICED THAT IN OTHER CITIES THEY ARE PUTTING QR CODES AT THEIR BUS STOPS SO THAT CITIZENS CAN SCAN THE CODE, IT TAKES THEM DIRECTLY TO THE CITY WEBSITE TO- SEE WHAT JOBS ARE AVAILABLE, HE NOTICED THAT THE CITY HAS A LOT OF JOBS POSTED, THAT COULD HELP FILL A LOT OF THE VACANCIES, CITIZENS HAVE BEEN WANTING AN UPDATE ON CORONA CONSULTING WHICH IS A WATER GROUP THAT THE CITY PAID TO GIVE CONSULTING WORK ON THE CITY's WATER, THANKED STAFF FOR ALL THE PRESENTATIONS AND INFORMATION COUNCILMEMBER FELDSCHAU - NONE MAYOR PRO TEM SAMUEL - NONE COUNCILMEMBER NEILD - ANNOUNCED THE BEAUMONT MUNICIPAL FLY IN ON APRIL 16, 2022, THERE WILL BE PLENTY OF PLANES, FOOD AND EVENTS FOR THE KIDS, ENCOURAGED EVERYONE TO ATTEND CITY ATTORNEY REED - NONE INTERIM CITY MANAGER BOONE - NONE MAYOR MOUTON - ASKED THAT EVERYONE KEEP UKRAINE IN THEIR PRAYERS, AS WELL AS COUNCILMEMBER GETZ AND HIS WIFE ALLISON, MADE COMMENTS TO MR. DENCKLAU REGARDING THE BLOCKING OF THE BUS STOP, AND MS. WRIGHT REGARDING HER COMMENTS ON EXXONMOBIL, MADE ADDITIONAL COMMENTS ABOUT THE HOMELESS, THANKED STAFF FOR THEIR PRESENTATIONS, THANKED THE CITIZENS THAT ATTENDED THE MEETING AND ASK THAT EVERYONE SPREAD THE LOVE being no -11 n Mouton, Mayor Tina Broussard, City Clerk Session Council adjourned at 3:51 p.m. Minutes — April 5, 2022 ABSTENTION AFFIDAVIT THE STATE OF TEXAS § COUNTY OF JEFFFERSON § i1U 1 �dSCAril� as a member of the alil, (City Council, Commission, or Board) make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, ha a substantial i terest in a business entity that would be peculiarly affected by a vote or decision of the m (City Council, Commission, or Board) as those terms are defined in V.T.C.A., Local Government Code, § 171.002. The business entity is: U Coas4 ✓ ! Nmp-T "ern-,t pn 4j.Q Ct Qnda (Name) 5 - oZoaa 0�00 5 PeciJs (Address) ("I," or name of relative and relationship) have/has a substantial interest in this business entity for 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. 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 and from any further participation on this matter whatsoever. . Signed this the 5..-�� day of Title BEFORE ME, the undersigned authority, on this day personally appearedEailr F—elds4am- and on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. SWORN to and subscribed before me on lis the l9-f--k- day of-20::)(Ok al TINA GAIL BROUSSARD Notary Public in and for the Sate of Texas Notary Public, state of Texas Comm. Expires 01-12-2023 '; :i,Q„„+.� Notary ID 11435119 ABSTENTION AFFIDAVIT THE STATE OF TEXAS § COUNTYI OF JEFFERSON § (d 8Y , as a member of the 'SPau OAT (Ci Council, Commission, or Board) make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, ha�% a substantial Interest in a business entity that would be peculiarly affected by a vote or decision of the? am u 6n(City Council, Commission, or Board) as those terms are defined in V.T.C.A., Local Government Code, § 171.002. The business entity is: b6i� Kco ns4rwl rm—T-nc (Name a fhkr 1Y 2 cm Y�� •aa �gencl �. (Address) ("I," or name of relative and relationship) have/has a substantial interest in this business entity for 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. 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 and from any further participation on this matter whatsoever. Signed this the J�+k day of I^A 20 02 . S S ure of Official un C,) the m bar- I an ^L Title f I BEFORE ME, the undersigned authority, on this day personally appeared l C 1 6 r and on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. SWORN to and subscribed before me o his the�1A day of , 2� ,YP 4 TINA GAIL BROUSSARD Notary Public. State of Texas Notary Public in and for the Sate of Texas 9+ Comm. Expires 01-12-2023 Notit., ID 11435119.