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HomeMy WebLinkAbout04/12/2022 MINBEAVM4NT T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner Jr., At -Large ROBIN MOUTON, MAYOR Randy FeldscF—, At -Large Taylor Nand, Ward 1 CITY COUNCIL MEETING Michael Getz, Ward 11 Audwin Samuel, Mayor Pro Tem APRIL '12, 2022 Chris Uurio, Ward IV Tina Broussard, City Clerk Chris Boone, Interim City Manager Sharaa Reed, City Attorney The City Council cf 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 12, 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 1-3 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Jon Stouffer with First United Methodist 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 Team Samuel, Councilmembers curio, Getz, Turner, Faldschau and Neild. Also, present were Chris Boone, Interim City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk_ Proclamations, Presentation, Recognitions Presentation — Given by the current class of Leadership Beaumont "Fair Housing Month" — April 2022 — Proclamation read by Mayor Mouton; accepted by Joann Patillo; Community E)evelopment Block Grant Manager, City of Beaumont Housing Services Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments_ Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-3 LasFFon Proctor 3522 Washington Blvd_ Beaumont TX Spoke to Council regarding Item 4* 1 on the agenda, the abandonment of a portion of F>elta Street Minutes — April 12, 2022 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 April 5, 2022, City Council Meeting Minutes. B. Confirmation of board and commission member appointments - Resolution 22-104 Craig Washington would be appointed as an Alternate Electrician to the Building Board of Appeals. The term would commence April 12, 2022, and expire April 11, 2024 (Mayor Robin Mouton) C. Approve a contract for plumbing services for use at various City facilities - Resolution 22-105 D. Authorize the Interim City Manager to execute all related documents for the purchase of a 490 square feet Lift Station Easement with Praise Christian Center, Inc. - Resolution 22-106 E. Authorize the repair of the No. 4 pump and motor at the Tyrrell Park lift station - Resolution 22-107 Councilmember Neild moved to approve the Consent Agenda. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED AGENDA Consider a request to abandon a portion of Delta Street. Arthur Limbrick is requesting the abandonment of Delta Street, east of 11th Street. The owner of 3575 Delta would like to develop his property. The only access to the property is through the undeveloped Delta Street right-of-way. By abandoning the right-of-way, a driveway can be constructed instead of a street built to city standards for one property. The water department has responded that there are two sewer lines located in this easement and Drainage District Six uses the right-of-way for access. Both have stated that they will need an easement. At a Joint Public Hearing held on October 18, 2021, the Planning Commission recommended 5:0 to approve the request to abandon a portion of Delta Street with the following conditions: 1. Retention of the right-of-way as an easement. 2. Any construction of a driveway on this easement will require permission from the City of Beaumont Water Department and Drainage District Number 6. Minutes -April 12, 2022 3. If approved, applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense. Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on City Council's agenda. All of the required items for the third condition have been submitted. Approval of the ordinance with the following conditions: 1. Retention of the right-of-way as an easement. 2. Any construction of a driveway on this easement will require permission from the City of Beaumont Water Department and Drainage District Number 6. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING A PORTION OF THE DELTA STREET RIGHT-OF-WAY LOCATED AT 3575 DELTA STREET, WITH THE CONDITIONS, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-022 2. Consider authorizing the Interim City Manager to award a contract to Allco, LLC for the Collier's Ferry Pump Station Project. The Collier's Ferry Pump Station Project consists of constructing a new 45 MGD (million gallons per day) pump station. It includes a tunnel between the Lawson's Pump Station and the Collier's Ferry Pump Station wet well, a generator, electrical building, and various site work. The site of the new pump station is above the Harvey flood level. On March 24, 2022, four (4) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate for the contract is $25,535,100.00. The bid totals are indicated in the table below: Contractor Location Total Bid Amount Allco, LLC Beaumont, TX $25,088,259.00 BDS Constructors, LLC dba MK Constructors Vidor, TX $25,369,000.00 BRH-Garver Construction, LLC Houston, TX $29,525,160.00 Oscar Renda Contracting, Inc. Grapevine, T 1$36,379,700.00 Based on a review of the bid and required documents received, staff agrees with Freese and Nichols, Inc., and recommends awarding the project to the lowest bidder, Allco, LLC, in the amount of $25,088,259.00. A total of 840 calendar days are allocated for substantial completion of the project. Funds will come from the Capital Program and FEMA. Minutes — April 12, 2022 Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO ALLCO, LLC, OF BEAUMONT, TEXAS, IN THE AMOUNT OF $25,088,259.00, FOR THE COLLIER'S FERRY PUMP STATION PROJECT; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH ALLCO, LLC, OF BEAUMONT, 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 22-108 3. Consider authorizing the Interim City Manager to execute Change Order No. 6, accept maintenance, and authorize final payment to McInnis Construction, Inc. for the Fleet Management Parking Lot Reconstruction Project -Phase I. On February 9, 2021, by Resolution No. 21-034, City Council awarded a contract to McInnis Construction, Inc., of Silsbee, in the amount of $888,820.27, for the Fleet Management Parking Lot Reconstruction Project — Phase I. Previous Change Order Nos. 1-5, in the amount of $28,722.23. Proposed Change Order No. 6, in the amount of ($8,494.02), is required to 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 $909,048.48. 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. 6, maintenance, and final payment in the amount of $85,968.69 is recommended. Funds will come from the Capital Program. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT CHANGE ORDER NO. 6, IN THE AMOUNT OF ($8,494.02), IS REQUIRED 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 $909,048.48; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER No. 6, IN THE AMOUNT OF ($8,494.02), 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 $909,048.48. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD Minutes — April 12, 2022 NAYS: NONE MOTION PASSED Resolution 22-109 PUBLIC HEARING * Dangerous Structures Public Hearing Open: 1:52 p.m. Anthony Holman 3795 Perth Place Beaumont TX Item #4 3930 Bowen Walter Kyles Jr. 3675 Blossom Dr. Beaumont TX Item #8 2898 Fannett Arturo Perez 730 Goliad Beaumont TX Item #12 Goliad Natalie Zeno 3195 Delaware St. Beaumont TX Item #13 3285 Gulf Michael Mott 2705 Hebert St. Beaumont TX Item #17 4240 Lou Michal Richardson 4015 Blackwell Ln. Beaumont TX Item #23 5555 Spencer Shelley Stenivs P.O. Box 1149 Crystal TX Item #25 Wren Way Luis Cabalzoro 11280 Glenbrook Beaumont TX Item #11 11280 Glenbrook Public Hearing Close: 2:41 p.m. 4. Consider an ordinance to declare 25 structures to be unsafe structures and order the owners to raze the said structures within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full, or a payment plan shall be established prior to Minutes —April 12, 2022 enrollment in the work program. Enrollment in the work program shall occur within 10 days after the effective date of this ordinance. 1. 3055 S. 11th - commercial 2. 5290 Abilene — includes shed 3. 3840 Bayou 4. 3930 Bowen 5. 1720 Cottonwood 6. 3720 Ector — includes shed 7. 1235 Fairway — includes carport 8. 2898 Fannett - commercial 9. 545 Fletcher 10.11455 Forest Gin 11.11280 Glenbrook — includes shed 12.730 Goliad 13.3285 Gulf 14.2650 Harriot 15.5770 Labelle — includes 3 sheds & auxiliary building 16.2935 Laurel 17.4240 Lou 18.1850 S. Major — includes shed 19.625 Pollard 20.5155 Seale — includes garage & shed 21.695 Shell 22.2169 South 23.5555 Spencer — includes garage 24.2970 Victoria — includes garage apartment 25.155 Wren Way — includes shed These structures have been inspected by the Building Codes Division and found to be unsafe structures as defined by the City of Beaumont's Code of Ordinances, Chapter 24, Article 24.04 Unsafe Substandard Structures, Division 1, Sec. 14.04.001 of the 2015 International Property Maintenance Code. Additionally, these structures have deteriorated to a condition that they are no longer considered suitable for repair. Funding sources may include General Funds and Community Development Block Grant (CDBG) Funding. Approval of the ordinance. Mayor Pro Tern Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AS WELL AS TO ALLOW PROPERTY OWNERS OF ITEMS #4, 8, 11, (12 WITH THE CONDITION OF PROVIDING A NOTARIZED LETTER FROM THE OWNER), 13, 17, 23 AND 25 TO ENTER INTO A 150 DAY WORK PROGRAM ON THE DANGEROUS STRUCTURES LIST, PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD Minutes - April 12, 2022 NAYS: NONE MOTION PASSED COMMENTS * Public Comments (Persons are limited to three minutes) Darnell Tremble Sr. 2443 Cable Ave Beaumont TX Spoke to Council regarding the Maple Housing Apartments, stated the apartments are unfit to live in, everyone that lives in those apartments are forced to sign up for the Texas Rent Relief Program, if they don't the apartment manager will evict them, stated that it's unfair to the tenants that are living there, the tenants are afraid to speak up and doesn't understand what's going on, Maple Housing shouldn't be allowed to get away with what they are doing Stephanie Cormier 4365 S. 4th St. #11 Beaumont TX Spoke regarding Maple Housing Apartments where she's resided for four years, as the gentleman stated before her, the tenants are all afraid to speak up because they could get evicted, thankful that the gentleman is helping them, the apartments are unfit to live in and they are being forced to sign up for the Texas Rent Relief Program even if they are current on their rent, the rent has been raised ever year by at least $50.00, her rent started out at $750.00 and she's now up to $875.00 a month for a two bedroom one bath apartment, the apartments aren't worth what they are being charged, she has black mold that's now spreading into her bathroom, has had cracks in the walls that she's reported and the repairs were never done Christopher Matthews 3875 N. Major Dr. Beaumont TX Invited Council to attend the Loving and Reading Matters Banquet for Save our Children on Thursday, April 14, 2022, asked questions regarding abatement agreements with the local refineries within the city, stated that the last profit posted showed a profit of $9 billion, at the end of this year they will be the largest refineries in the United States, asked that Council look into these agreements and take negotiations seriously, also commented on what he experienced when he worked at a refinery Addie Allen 9695 Gross Beaumont TX Commented on the Beaumont Municipal Airport, was told some time ago that emergency planes were flying into the airport for refueling, stated that at 12:47 p.m., at night and all through the night and day there's airplanes and helicopters flying in and out of the airport, stated it's a little unnerving because they are citizens and pay taxes and are kept in the dark, if there's economic progress then let the citizens know, the planes are flying low over their houses and as citizens they should know what's going on, also commented on the young men that came to Council from Beaumont United and received a proclamation, it would be lovely if the young people from the schools could have a program where they could mirror the professionals here at city hall, thanked Council for their service Minutes —April 12, 2022 Chasity Adams 4365 S. 41h St. #137 Beaumont TX Complained about Maple Housing Apartments, stated that she's in the process of moving but still resides at the apartment complex, the manager has been harassing her since last year, she's complained about the slow drainage in her bathtub since last year, still nothing has been done, also made comments regarding the manager having the tenants sign up for the Texas Rent Relief Program as well as charging pet fees for pets they don't own, her rent went from $394.00 to $775.00 and now a $1,000.00, she has filed an appeal Vernon Durden 16436 Westbury Rd. Beaumont TX Commended Council for listening to the citizens that need to make repairs to their homes, stated that the past few years have been trying for everyone, he's seen large businesses close and doors shutter on companies, now citizens are trying to revitalize Beaumont, Council heard them and has shown lots of empathy, sees a different atmosphere on this City Council, everyone is doing a great job, commended the Mayor on her leadership, stated that when citizens come to Council it's because they feel they are part of a process where they can be heard and believed, Councilmembers asked great questions for clarity and the citizens answered them, citizens have pride in the parts of the city that they live in, they are coming to the meeting to get help from Council so that those homes and buildings can stay up, thanked Council for listening and allowing the citizens an opportunity to be the growth of Beaumont Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - IN REGARDS TO THE COMMENTS THAT WERE MADE EARLIER ON BEAUMONT MUNICIPAL AIRPORT, STATED HE DOESN'T WANT COUNCIL TO THINK THAT THE BEAUMONT MUNICIPAL AIRPORT WAS JUST OPENED, READ SOME HISTORY FOR THE COUNCIL AND THE PUBLIC, THE BEAUMONT MUNICIPAL AIRPORT WAS ORIGINALLY CONSTRUCTED DURING THE GREAT DEPRESSION AS A WORKS PROGRESS ADMINISTRATION PROJECT COMMONLY KNOWN AS A WPA AND ACTIVATED ON OCTOBER 1, 1937, THE ARMY AIR CORPS USED THE FIELD DURING WORLD WAR II AS A BASE OF OPERATIONS FOR ANTI- SUBMARINE PATROLS, COMMERCIAL SERVICE WAS PROVIDED BY TRANS TEXAS AIRWAYS AND DELTA AIRLINES UNTIL 1946, AT WHICH POINT THE JEFFERSON COUNTY AIRPORT WAS OPENED, THE CITY OF BEAUMONT HAS OPERATED THE BEAUMONT MUNICIPAL AIRPORT AS A GENERAL AVIATION FACILITY SINCE THAT TIME, THE ORIGINAL TERMINAL WAS REPLACED IN THE 1970'S BY A NEW TERMINAL BUILDING AND AIRCRAFT PARKING APRON, THE CITY HAS CONTINUED TO MAKE APPROPRIATE IMPROVEMENTS TO THE AIRFIELD AND TERMINAL AREA SINCE THAT TIME, ANNOUNCED THAT ON SATURDAY, APRIL 16, 2022, THERE WILL BE A FLY -IN FROM 10:00 A.M. TO 5:00 P.M., ENCOURAGED EVERYONE TO COME OUT AND ATTEND Minutes — April 12, 2022 MAYOR PRO TEM SAMUEL - THANKED STAFF FOR EVALUATING THE NEED ON MAGNOLIA, AS OF TODAY THERE'S A FOUR WAY STOP SIGN, IT'S GREATLY APPRECIATED COUNCILMEMBER FELDSCHAU - STATED THAT IN REGARD TO ITEM #4 ON THE AGENDA, DILAPIDATED STRUCTURES IS ONE OF THE MOST UNPLEASANT THINGS THAT THEY HAVE TO DO, THEY TAKE IT TO HEART AND TAKE IT VERY SERIOUS, APPRECIATES EVERYONE'S PATIENCE, THEY ARE DOING EVERYTHING THEY CAN TO MAKE BEAUMONT BETTER COUNCILMEMBER TURNER - ANNOUNCED ON APRIL 14, 2022, PASTOR KENNEDY ANDREWS WILL BE GOING AROUND THE COMMUNITY DOING GREAT THINGS FOR CITIZENS, IF ANYONE WOULD LIKE TO SIGN UP THEY CAN GO TO HARVEST FOR LOST SOULS, ALSO ON APRIL 16, 2022, HARVEST FOR LOST SOULS WILL BE DOING A COMMUNITY BLOCK PARTY, IF YOU HAVE KIDS BRING THEM OUT, THANKED COUNCILMEMBER DURIO FOR HELPING THE CITIZENS THAT SPOKE REGARDING THE MAPLE HOUSING APARTMENTS, CONGRATULATED THE 100 BLACK MEN AND THE 100 BLACK WOMEN ON THE GREAT PROGRAM THEY HAD, APPRECIATES ALL THEY DO IN THE COMMUNITY AND IF THERE'S ANYTHING COUNCIL CAN DO TO HELP, PLEASE LET COUNCIL KNOW COUNCILMEMBER GETZ - CONGRATULATED EVERYBODY THAT PARTICIPATED IN THE 74T" NECHES RIVER FESTIVAL, IT LOOKED LIKE IT WAS A GREAT PROJECT, UNFORTUNATELY BECAUSE OF HIS WIFE'S ILLNESS THEY WEREN'T ABLE TO PARTICIPATE, HIS WIFE'S FAMILY HAS A PROUD TRADITION OF BEING A PART OF THE NECHES RIVER FESTIVAL, AS FAR AS HIS WIFE'S ILLNESS IS CONCERNED SHE'S MAKING A SLOW AND STEADY RECOVERY, SHE HAS A LONG ROAD TO GO, SHE WANTED HIM TO CONVEY TO THE PUBLIC HER HEARTFELT GRATITUDE AND THANKS FOR ALL THE PRAYERS AND WELL WISHES THAT SHE'S RECEIVED, HE THANKED EVERYONE AS WELL COUNCILMEMBER DURIO - THANKED THE TENANTS OF THE MAPLE HOUSING APARTMENT FOR COMING OUT, ASKED THEM TO MAKE COPIES OF ALL THE INFORMATION THEY HAVE AND GIVE TO STAFF ON THE SECOND FLOOR, THEY CAN CONTACT HIM IF THEY NEED HIM AS THEY ALL HAVE HIS CELL NUMBER, ALSO STATED THAT HE HAD A GREAT TIME THIS SATURDAY AT THE 100 BLACK MEN GOLF TOURNAMENT CITY ATTORNEY REED - STATED THAT THE NUMBERS WERE CORRECT IN THE RESOLUTION PERTAINING TO ITEM #3 INTERIM CITY MANAGER BOONE - NONE Minutes — April 12, 2022 MAYOR MOUTON - GAVE CONDOLENCES TO REVEREND WASHINGTON WHO WAS IN THE AUDIENCE ON THE LOSS OF HIS WIFE, STATED THAT COOPERSTOWN BASEBALL HALL OF FAME WILL RETIRE RACHEL BALKOVEC'S #22 JERSEY, RACHEL BALKOVEC IS THE FIRST FEMALE MANAGER OF A MINOR LEAGUE BASEBALL TEAM THE TAMPA TARPONS, ON THURSDAY, APRIL 7, 2022, KETANJI BROWN JACKSON WAS SWORN IN AS THE FIRST AFRICAN AMERICAN FEMALE SUPREME COURT JUSTICE, ON FRIDAY, APRIL 8, 2022, RABBI CHAVA KOSTER WAS INSTALLED AS THE NEW RABBI AT TEMPLE EMANUEL, THE 74T" NECHES RIVER FESTIVAL HAD A WEEKLONG EVENT, THERE WAS ANOTHER HISTORY MAKING MOMENT FOR BEAUMONT, THEY CROWNED THE FIRST AFRICAN AMERICAN QUEEN, CONGRATULATED QUEEN CHRISTIANNA MCAFEE AND HER ENTIRE ROYAL COURT, ALSO CONGRATULATED CITIZENS OF THE YEAR REBECCA STEADMAN AND FLING NECHES MARK FERTITTA, ON TUESDAY, APRIL 12, 2022, ST. ANTHONY'S BASILICA WILL HAVE A BLESSING OF THE OIL AT 6:30 P.M., IN RECOGNITION OF HOLY WEEK, ENCOURAGED CITIZEN TO DROP BY THE BASILICA, WISHED EVERYONE A HAPPY EASTER AND TO SPREAD THE LOVE Open session of meeting recessed at 3:13 p.m. EXECUTIVE 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; specifically: Land owned by the City of Beaumont at 701-555 Main, Beaumont, Jefferson County,Texas * Con sidermatters related to contemplated or pen ding litigation in accordance with Section 551.071 of the Government Code: i ' �`bMoc/ �11 aaaaaa as " Minutes — April 12, 2022