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HomeMy WebLinkAbout03/21/2023 MINT E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." burner Jr., At -Large ROBIN MOUTON, MAYOR Randy Feidschau, At -Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III March 21, 2023 Chris Durio, Mayor Pro Tem Tina Broussard, City Clerk Kenneth R. Williams, 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 March 21, 2023, 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. Dr. Esther Matthews with Call to Character Ministries 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 Durio, Councilmembers Getz, Feldschau, Samuel and Neild. Absent: Councilmember Turner. Also, present were Kenneth Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions Recognition - "Top Ladies of Distinction" —Accepting Elois Alex along with other Top Ladies of Distinction Mayor Mouton read the announcement regarding the Executive Session being held at the conclusion of Public and Councilmember Comments. Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-5 li< 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 March 14, 2023, City Council Meeting Minutes Minutes — March 21, 2023 B. Approval of the purchase and installation of twenty-six stainless steel cabinets for the laboratory at the Wastewater Treatment Plant — Resolution 23-081 D. Authorize the execution of a License to Encroach Agreement with James and Cathleen Chavez — Resolution 23-083 E. Approval of an amendment to the Public Services and Public Facilities and Improvements budget line items of the Consolidated Grant Program's 2021 Annual Action Plan to include supplemental HOME ARP (American Rescue Plan) — Item Removed Councilmember Samuel moved to approve Consent Agenda items A, B and D. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED C. Authorize the City of Beaumont to support legislation of a Hotel Project in downtown Beaumont with a resolution — Resolution 23-082 Councilmember Feldschau moved to approve Consent Agenda item C. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, FELDSCHAU, SAMUEL AND NE1LD NAYS: NONE MOTION PASSED AGENDA 1. Consider authorizing the City Manager to execute Change Order No. 6 to the contract with King Solution Services, LLC for the Pipe Bursting Work Order Contract — Phase I I I Project. On June 2, 2020, by Resolution 20-113, the City Council awarded a contract to King Solutions Services, LLC, of Houston, in the amount of $1,833,508.00, for the Pipe Bursting Work Order Contract — Phase I I I Project. Previous Change Order Nos. 1-5 are in the amount of $85,002,96, Proposed Change Order No. 6, in the amount of $200,221.12, is required to relocate the sewer line between MH434 and MH432 between Crestwood and Durwood Drive to the roadway, as the alley line is out of grade and cannot be pipe bursted in the existing location. An additional 450 calendar days are being added to the contract to accommodate for the design, approval of the work order and time for the contractorto re -mobilize and complete the work. If approved, Change Order No. 6 would result in a new contract amount of $2,118,732.08. Minutes -- March 21, 2023 Funds will come from the Capital Program. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE PROPOSED CHANGE ORDER NO. 6, IN THE AMOUNT OF $200,221.12, IS REQUIRED TO RELOCATE THE SEWER LINE BETWEEN MH434 AND MH432 BETWEEN CRESTWOOD AND DURWOOD DRIVE TO THE ROADWAY; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 6, FOR ADDITIONAL WORK. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-084 2. Consider awarding $75,000 to the Greater Beaumont Chamber of Commerce to facilitate the development of a Strategic Economic Development Plan. Recently, Steve Ahlenius, President, and CEO of the Greater Beaumont Chamber of Commerce, made a presentation to City Council outlining new opportunities to enhance and improve cooperation between the City and Chamber. Included in this presentation was a Chamber -led Strategic Economic Development Plan process to serve as a roadmap for economic development efforts moving forward. To help further the Chamber's project, the city would provide an additional allocation of $75,000 to the Chamber. Additional funding was included in the FY23 budget for this project. Funds will come from the General Fund. Approval of the Resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO AWARD $75,000.00 TO THE GREATER 13EAUMONT CHAMBER OF COMMERCE FOR THE DEVELOPMENT OF A STRATEGIC ECONOMIC DEVELOPMENT PLAN. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-085 Minutes — March 21, 2023 3. Consider a request for the abandonment of a portion of the south end of Winfield Drive. Johnathan Hart has requested the abandonment of an approximate 0.073-acre portion of the south undeveloped end of Winfield Drive for a proposed new railroad spur for BNSF Railway Company. BNSF plans to construct a new tract connecting two (2) existing segments. Various utility related concerns from the City Engineering Department have already been addressed. At a Joint Public Hearing held on June 27, 2022, the Planning Commission recommended 8.0 to approve the request for an abandonment of a portion of the south end of Winfield Drive, with the following conditions: 1. Obtain approval of PZ2022-216 for a new railroad spur. 2. If approved, the 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 the City Council's agenda. All of the required items for the conditions have been submitted. Approval of the ordinance, with the following conditions: 1. Obtain approval of PZ2022-216 for a new railroad spur. 2. If approved, the 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 the City Council's agenda. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE, ABANDONING A 60' PORTION OF THE SOUTH END OF WINFIELD DRIVE, WITH THE CONDITIONS, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, FOR A PROPOSED NEW RAILROAD SPUR FOR BNSF RAILWAY COMPANY. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 23-026 4. Consider a request for the abandonment of the north end of Amarillo Street, the neighboring alleyway in Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street. Johnathan Hart has requested the abandonment of an approximate 0.1303-acre portion of the north undeveloped end of Amarillo Street, the neighboring alleyway in Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street for a proposed new railroad spur for BNSF Railway Company. BNSF plans to construct a new tract connecting two (2) existing segments. Various utility related concerns from the City Engineering Department have already been addressed. Minutes — March 21, 2023 At a Joint Public Hearing held on June 27, 2022, the Planning Commission recommended 8:0 to approve the request for an abandonment of the north end of Amarillo Street, the neighboring alleyway in Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street, with the following conditions: 1. Obtain approval of PZ2022-216 for a new railroad spur. 2. If approved, the 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 the City Council's agenda. All of the required items for the conditions have been submitted. Approval of the ordinance, with the following conditions: 1. Obtain approval of PZ2022-216 for a new railroad spur. 2. If approved, the 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 the City Council's agenda. CoUncilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ABANDONING A 60' PORTION OF THE NORTH END OF AMARILLO STREET, THE NEIGHBORING ALLEYWAY IN BLOCK 32, CARTWRIGHT TERRACE AND AN ADJOINING PORTION OF FORSYTHE STREET, WITH THE CONDITIONS, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, FOR A PROPOSED NEW RAILROAD SPUR FOR BNSF RAILWAY COMPANY. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 23-027 PUBLIC HEARING • Receive comments on authorizing the City Manager to enter into an Interlocal Agreement with Texas A&M Transportation Institute, submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive funds for the Zip. Public Hearing Open: 1:59 p.m. None Public Hearing Close: 1:59 p.m. 5. Consider authorizing the City Manager to enter into an Interlocal Agreement with Texas A&M Transportation Institute, submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive funds for the Zip. Minutes — March 21, 2023 The Zip, formerly known as Beaumont Municipal Transit, provides public transportation services for residents and visitors in the City of Beaumont. Connecting the community with destinations in a safe and reliable manner remains to be the priority and therefore it is important the fleet is properly maintained and replaced as per manufacturer requirements and the Federal Transit Administration (FTA) Guidelines. Additionally, Zip follows the preventative maintenance program as outlined in the Transit Asset Management Plan as developed under the direction of the Texas Department of Transportation. Zip's current fleet includes three (3) 2008 buses and two (2) 2016 buses, which must be replaced soon. The projected capital investment to replace said vehicles with five (5) compressed natural gas buses would be approximately $3,100,000.00. Recently, the FTA has issued a "Low or No Emission and Grants for Buses and Bus Facilities Competitive Programs FY2023 Notice of Funding Opportunity (NOFO). The NOFO is a chance for the City of Beaumont to secure up to 85% percent of the funding covered by FTA to replace dated buses, which could represent up to $2,635,000.00. Additionally, recipients are permitted to use up to 0.5 percent of grant award for workforce development activities eligible under federal public transportation law (49 U.S.C. 5314(b)) and an additional 0.5 percent for costs associated with training at the National Transit Institute. Administration requests to enter into an Interlocal Agreement with Texas A&M Transportation Institute (TTI) to develop a grant application for the city to apply for funding through both the Low or No Emission Grant Program and the Grants for Buses and Bus Facilities Competitive Program. The cost of service through TTI would be $7,500 to assist with the development of a competitive grant application. Funds will come from the Federal Transit Administration, Transportation Development Credits and General Fund. Source Amount Federal Transit Administration $2,635,000 Transportation Development Credits $465,000 City $7,500 TTI Total: $3,107,500 Conduct a public hearing and approve the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INTERLOCAL AGREEMENT WITH TEXAS A&M TRANSPORTATION INSTITUTE AND THAT THE CITY MANAGER IS ALSO HEREBY AUTHORIZED TO SUBMIT A GRANT APPLICATION AND EXECUTE A CONTRACT WITH THE FEDERAL TRANSIT ADMINISTRATION TO RECEIVE FUNDS FOR THE ZIP. Mayor Pro Tern Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED 10=6 l' imlliW*1111:%i Minutes — March 21, 2023 PUBLIC COMMENTS Receive comments on the Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2023 Annual Action Plan No Public Comments COMMENTS * Public Comments (Persons are limited to three minutes) Sam Marchand 4375 Thomas Ln Beaumont TX Updated Council on the activities of the Youth Advisory Council, stated that this Saturday, March 24, 2023, the group will be traveling to Washington D.C., for the National League of Cities Annual Congressional Conference, they are actively organizing a Beautification Day in the near future that will include mostly trash pickup near the schools and chalk art for the kids, as always the Youth Council remains extraordinarily grateful for the Council's support, announced the next meeting for the Youth Advisory Council will be Thursday, March 23, 2023, as always the Council and public are welcomed to attend Charlie Crabbe 928 East Dr. Beaumont TX Spoke to Council regarding a neighborhood problem with stray animals, commented on the citizen that was attacked by two pit bulls, stated that a while back the city was encouraged to adopt a spay and neuter program for stray cats, after the procedure the cats would be released back into their neighborhoods, the cats would then be free to roam looking for food and leaving their waste behind in flower beds and kids sand boxes etc., they are also preying on wild birds, Beaumont is a sanctuary city, stated that the last two weeks of April is the time the birds migrate from Central America, stated that the solution to stray cats is to eliminate them from the neighborhoods, thanked Council for their service Addie Allen 9695 Gross Beaumont TX Spoke to Council regarding several companies she's received information from regarding storm sirens, stated that the City Manager said he would look into this issue, it looks like a turn key situation for sirens can be done, the sirens could be heard throughout Jefferson County for $35,000.00, complete and installed, stated that she will continue to come to council to talk about this, to save one life would be really important and it's an obligation of the city to make sure that everyone is safe, if staff hasn't had the time to look up the information she has, also commented on the $75,000.00 that's going to the Beaumont Chamber, that's great, but why can't the city dig deep and find money to do sidewalks, doesn't know if it's $75,000.00 or more but, children are walking in the streets and have been for years and the city hasn't addressed it, it's in the ordinance, she will continue to come to Council regarding the sidewalks, understands Economic Development is important and knows that the Chamber of Commerce is our business consortium, knows that there's a Strategic Plan and that Council is looking at growing Beaumont, stated that Council needs to start with people, commented that she's still trying to wrap her head around the $1.99 to pay the city for the water bill, asked why after an 8% increase for the water and before a six month review of the budget that citizens have to pay $1.99, thanked Council.for considering anything that she has to say, thanked them for their service Minutes — March 21, 2023 Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS MAYOR PRO TEM DURIO - CONGRATULATED THE TOP LADIES OF DISTINCTION ON THEIR RECOGNITION, ENCOURAGED THE YOUTH COUNCIL TO ENJOY THEIR TRIP TO WASHINGTON D.C. FOR THE NATIONAL LEAGUE OF CITIES CONFERENCE, THANKED COUNCILMEMBERS TURNER AND SAMUEL FOR WORKING WITH THE YOUTH, ALSO MENTIONED THE ATTACK ON THE CITIZEN AT SPROTT PARK, STATED THAT ONE DOG WAS PUT DOWN BY THE POLICE, THE OTHER DOG HAS BEEN FOUND AND IN THE CUSTODY OF ANIMAL CONTROL, STATED IT'S AN UNFORTUNATE INCIDENTAND GLAD THAT IT WAS REPORTED, ON LAST THURSDAY THERE WAS A RIBBON CUTTING FOR THE OPENING OF THE FANNETT BRIDGE, THANKED TXDOT, NEXT IS THE PROJECT ON 110 WHICH WILL TAKE SOME TIME, ASKED THAT EVERYONE PAY ATTENTION TO THE SIGNS WHILE WORK IS IN PROGRESS COUNCILMEMBER GETZ w STATED TO MS. ALLEN THAT SPOKE EARLIER THAT IT'S IMPORTANT THAT CITIZENS KNOW THAT IT'S ONLY WHEN A CREDIT CARD IS BEING USED TO PAY THE WATER BILL THAT THE $1.99 WILL BE INCURRED, IF A CITIZEN WANTS TO CONTINUE TO PAY BY CHECK, CASH OR HAVE IT AUTOMATICALLY DEBITED FROM YOUR CHECKING ACCOUNT YOU WON'T HAVE TO PAY THAT CONVENIENCE FEE, IT'S NOT ACROSS THE BOARD THAT CITIZENS HAVE TO INCUR THE CONVENIENCE FEE, COMMENTED ON A SHOOTING OUTSIDE OF A LOUNGE IN THE WEST END ON FRIDAY NIGHT, ONE OF THE PROBLEMS THAT LEAD TO THIS INCIDENT IS THAT THERE SEEMS TO BE VARIOUS ESTABLISHMENT'S THAT DON'T CUTOFF AT 2:00 A.M., DOESN'T KNOW IF THIS WAS THE CASE WITH THIS INCIDENT BUT DOES KNOW THAT THERE WAS HUNDREDS OF PEOPLE OUTSIDE THE FACILITY AFTER 2:00 A.M., STATED THAT HE HAS BEEN IN COMMUNICATION WITH DADE PHELAN, SPEAKER OF THE HOUSE AND ASKED HIM IF BEAUMONT COULD HAVE MORE OF A TABC PRESENCE IN BEAUMONT, TABC MOVED THEIR OFFICE OUT OF BEAUMONT SOME TIME AGO, BELIEVES THAT IF THE LOCAL BARS AND TAVERNS WERE INSPECTED REGULARLY AND TO HAVE MORE OF A TABC PRESENCE THAT MIGHT HELP COUNCILMEMBER TURNER - ABSENT COUNCILMEMBER FELDSCHAU - ANNOUNCED THE OPENING OF THE SOUTHEASTTEXAS STATE FAIR ON THURSDAY, MARCH 23, 2023, THERE WILL BE A RIBBON CUTTING AT 5:30 P.M., EVERYONE THAT'S PRESENT AT 5:30 WILL GET IN FREE, ENCOURAGED EVERYONE TO COME OUT AND SUPPORT THE STATE FAIR COUNCILMEMBER SAMUEL - NONE Minutes — March 21, 2023 COUNCILMEMBER NEILD - ANNOUNCED THE BEAUMONT MUNICIPAL FLY -IN, FROM 10:00 A.M. TO 4.00 P.M., AT THE BEAUMONT MUNICIPAL AIRPORT, IT'S A FAMILY FRIENDLY EVENT, STATED TO MS. ADDIE ALLEN HE WOULD LOVE TO TAKE HER FLYING CITY MANAGER WILLIAMS - STATED TO MS. ADDIE ALLEN THAT HE HAS DIRECTED STAFF TO LOOK INTO THE STORM SIREN ISSUE, THEY ARE ADDRESSING IT, THANKED BISD FOR CONTRIBUTING TO MOST OF THE YOUTH COUNCILS TRAVEL, THE CITY IS PAYING FOR TWO AND BISD IS PAYING FOR ELEVEN, THANKED THEM FOR THEIR SUPPORT CITY ATTORNEY REED - NONE PUBLIC WORKS BARTKOWIAK NONE ASSISTANT CM BOONE - NONE ASSISTANT CM ELLIS - NONE CFO SIMONEAUX - NONE CITY CLERK BROUSSARD - NONE MAYOR MOUTON - ANNOUNCED THE SOUTHEAST TEXAS STATE FAIR, THE RIBBON CUTTING IS AT 5.30 P.M., ENCOURAGED EVERYONE TO GO OUT AND SUPPORT THE STATE FAIR, COMMENTED ON THE INCIDENT REGARDING THE CITIZEN THAT WAS ATTACKED BY THE PIT BULLS AT SPROTT PARK, UNFORTUNATELY THE PIT BULLS GOT LOSE, THE OWNERS ARE ALWAYS RESPONSIBLE, PRAYERS GO OUT TO THE CITIZEN AND WISH THEM A SPEEDY RECOVERY, STATED THE SITUATION COULD HAVE BEEN A LOT WORSE, HAD KIDS NOT BEEN ON SPRING BREAK THERE WOULD HAVE BEEN KIDS PLAYING IN THAT PARK, DID SPEAK WITH THE OWNERS AND THERE WAS SEVERAL CALLS THAT SHE RECEIVED REGARDING THE INCIDENT, ALSO COMMENTED ON THE SHOOTING THAT OCCURRED OVER THE WEEKEND, SHE DID SPEAK WITH THE OWNER WHO IS OUT OF TOWN BUT WILL ADDRESS THE INCIDENT UPON THEIR RETURN TO BEAUMONT, THE SAFETY OF THE CITIZENS IN THIS CITY IS VERY IMPORTANT, SOMETIMES THINGS• GET OUT OF CONTROL, GAVE CONDOLENCES TO THE FAMILY, ANYTIME ANYTHING HAPPENS ASKED THAT CITIZENS CALL 311 IMMEDIATELY, EXCITED ABOUT THE RIBBON CUTTING THAT OCCURRED FOR THE OPENING OF THE FANNETT BRIDGE, THERE WILL BE A LOT OF TRAFFIC ASKED THAT EVERYONE BE SAFE, CONGRATULATED THE TOP LADIES OF DISTINCTION ON THEIR RECOGNITION, THANKED THEM FOR THE CONTINUED WORK THAT THEY DO, ALSO LOOKING FORWARD TO THE YOUTH TRAVELING TO WASHINGTON ❑.C., FOR NATIONAL LEAGUE OF CITIES CONFERENCE, LOOKING FORWARD TO SPENDING SOMETIME Minutes — March 21, 2023 WITH THEM, THANKED EVERYONE FOR ATTENDING THE MEETING, ASKED THAT THEY GO OUT AND SPREAD THE LOVE Open session of meeting recessed at 2:25 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Toye Frazier v. City of Beaumont; Cause No. E--205,919 Caleb Fenter v. City of Beaumont and Christopher S. Boone: Cause No, B-210,244 International Association of Firefighters Local 399 v. City of Beaumont, Kenneth R. Williams, in his official Capacity as City Manager, and Earl White, in his official Capacity as Fire Chief; Cause No. D-210950 Beaumont v Nefflix, Hulu, and Disney; Cause No. DC-22-09128 n Mouton, I (. CA, Y) L ) Tina Broussard, City Clerk Minutes — March 21, 2023