The URL can be used to link to this page

Home My WebLink About04/18/2023 PACKET BEAUMONT TEXAS MEETING OF THE CITY COUNCIL LAKESIDE CENTER MULTIPURPOSE ROOM - 150 MAGNOLIA STREET TUESDAY, APRIL 18, 2023 1:30 PM AGENDA CALL TO ORDER • Invocation Pledge Roll Call • Proclamations, Presentations and Recognitions - Presentation on Charter Review • 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 noncontroversial. 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 4, 2023 City Council Meeting Minutes B. Authorize the City Manager to award a contract to Greenscapes Six, LLC, of Baytown, for the Cattail Marsh Sidewalk Trail Project. C. Approval of the purchase of Self-Contained Breathing Apparatus (SCBA) for use by the Fire Department. D. Amend an Industrial District Agreement with Arkema. E. Approval of the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) in the amount of$150,053.00 awarded to the Beaumont Public Health Department. F. Approval of the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) in the amount of $48,622.00 awarded to the Beaumont Public Health Department. G. Authorize the City Manager or his designee to apply for and receive funding in an amount up to $70,000 through the U.S. Department of Justice Project Safe Neighborhoods Block Grant Program (PSN). H. Authorize the City Manager to enter into an agreement with Capital Edge of Washington D.C. to provide federal advocacy and advising consulting services. I. Authorize the City Manager to apply for and receive grant funds from the Foundation for Southeast Texas, HEB, and Entergy, for the Annual Summer Reading Program. REGULAR AGENDA 1. Consider awarding multiple contracts for the purchase of inventory materials to be used in the Water Utilities Department. 2. Consider authorizing the City Manager to award a contract to Texas Drainage, Inc., of Waller, for the FY23 Citywide Ditching Program Phase 1 B. 3. Consider authorizing the City Manager to award a contract to Viking Painting, LLC, of La Vista, NE, for the Southwest Elevated Storage Tank Rehabilitation Project. 4. Consider supporting an application for a State Historical Designation, for the George O'Brien Millard statue located at 500 Main Street. 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: • The Claim of Joseph Guidry • The Claim of Kevin & Patricia Joseph • 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 • Toye Frazier v City of Beaumont; Cause No. E-206,919 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: Kenneth R. Williams, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: April 18, 2023 REQUESTED ACTION: Council consider approval of the April 4, 2023 City Council Meeting Minutes. BEAUMONT TEXAS MINUTES OF THE CITY OF BEAUMONT SPECIAL - 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, Ward III APRIL 4, 2023 Chris Durio, Mayor Pro Tern 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 April 4, 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 Safety Update from the City of Beaumont Medical Director • Presentation by the International Code Council * Public Comment: Persons may speak on the Consent Agenda/Agenda items 10-15 Mayor Mouton called the council meeting to order at 1:30 p.m. Reverend Rick Ivy with Wesley 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 Tem Durio, Councilmembers Getz, Turner, Feldschau, Samuel and Neild. Also, present were Kenneth Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "Proclamation" -The 75th Anniversary of the Neches River Festival - Proclamation read by Mayor Mouton, accepting Ashley Bryan, Neches River Festival Social Chairman and Mr. Fuller McSpadden, Neches River Festival President "Proclamation" - National Public Health Week — April 3-9, 2023 - Proclamation read by Mayor Pro Tern Durio, accepting Mary Alexander, Clinical Nurse Manager for the City of Beaumont "Proclamation" - Sexual Assault Awareness Month - April 2023 - Proclamation read by Mayor Mouton, accepting Cheryl Williams, Executive Director of the Rape and Suicide Crisis Center "Recognition" - Kappa Alpha Psi, Fraternity Inc., Zeta Psi Chapter celebrating 50 years on the campus of Lamar University, Accepting; Bruce Johnson one of the original Zeta Psi Chapter Members Minutes— April 4,2023 Public Comment: Persons may speak on the Consent Agenda Rob Clark 85 Genevieve Beaumont TX Spoke to Council regarding agenda items 12-16 Sina Nejad 1990 W. Lucas Beaumont TX Spoke to Council regarding agenda items 12-16 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 21, 2023, and March 24, 2023, City Council Meeting Minutes B. Authorize the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) awarded to the Beaumont Public Health Department — Resolution 23-088 C. Approve a calendar for the remainder of FY 2023 for City Council meetings to be posted on the City's web site - Resolution 23-089 D. Approve a contract for the fence installation at the Police Department located at 255 College Street - Resolution 23-090 E. Authorize the City Manager to enter into an agreement with Kraftsman Commercial Playgrounds & Water Parks to Install One New Picnic Pavilion at Sprott Park - Resolution 23-091 F. Authorize the purchase of replacement service equipment for the High Flow Bar Screen at the Wastewater Treatment Plant - Resolution 23-092 Councilmember Neild moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED 1. Consider a request to annex the south half of the right-of-way of Spindletop Avenue. The existing city limit line travels along the centerline of Spindletop Avenue, which leaves half of the street to be inside city limits and the other half served by Jefferson County. This shared ownership has prevented both the City and County from performing necessary and extensive rehabilitation to the road. Minutes— April 4,2023 With Council approval, the City entered into an Interlocal Agreement with Jefferson County in October 2021. The agreement states Jefferson County shall reimburse fifty (50) percent of the costs, not to exceed $265,000. City staff performed the engineering, surveying, and bidding for the Spindletop Avenue Roadway and Drainage Rehabilitation Project. The council awarded a contract in February 2022 to stabilize and resurface the roadway base, remove, and replace the driveway culverts, and regrade and reshape the drainage ditches. The final contract was awarded in the amount of$532,052.51 as accepted by Council in August 2022. Request for payment was submitted to Jefferson County and was received on October 14, 2022. Annexation of the south half of the right-of-way of Spindletop Avenue will allow the city to maintain the infrastructure and perform future improvements as necessary to ensure the integrity of Spindletop Avenue. At a Joint Public Hearing held on March 20, 2023, the Planning Commission recommended 9:0 to approve the request to annex the south half of the right-of-way of Spindletop Avenue. Approval of the ordinance. Mayor Pro Tem Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ANNEXING THE SOUTH HALF OF THE RIGHT-OF-WAY OF SPINDLETOP AVENUE, BEGINNING FROM THE INTERSECTION OF S. MARTIN LUTHER KING JR PARKWAY HEADING WEST TO THE CORNER OF THE LOWER NECHES VALLEY AUTHORITY CANAL BEAUMONT, JEFFERSON COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE THE SAID PROPERTY WITHIN THE CITY LIMITS,AND GRANTING THE SAID INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID CITY; AND, ADOPTING A SERVICE PLAN. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-028 2. Consider a request for a Specific Use Permit to allow an office warehouse and wholesale distribution in the GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 1575 S. Major Drive. HudProp, L.L.C. requests a Specific Use Permit to allow an office warehouse and wholesale liquor distribution business located at 1575 S. Major Drive. The GC-MD-2 zoning district requires a Specific Use Permit for all new proposed land uses. The office operations will consist of executing payroll, processing payables, ordering products for other locations. The warehouse operations and wholesale distributions of liquor will consist of accepting orders, boxing orders, and shipping to local businesses within Jefferson County via two (2) Ford transit vans. The hours of operation are Monday through Friday, 9:00 a.m. to 5:00 p.m. At a Joint Public Hearing held on March 20, 2023, the Planning Commission recommended 9:0 to approve the request for a Specific Use Permit to allow an office warehouse and wholesale distribution in the GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District Minutes— April 4,2023 for property located at 1575 S. Major Drive, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre-treatment, and/or FOG program. 2. Construction plans shall comply with all applicable Building Codes. Approval of the ordinance, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre-treatment, and/or FOG program. 2. Construction plans shall comply with all applicable Building Codes. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN OFFICE WAREHOUSE AND WHOLESALE DISTRIBUTION IN A GC-MD- 2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 1575 S. MAJOR DRIVE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-029 3. Consider a request for a Specific Use Permit to allow a gaming site in the GC-MD (General Commercial — Multiple Family Dwelling) District for property located at 2865 S. 11th Street. Courtney Watson has requested a Specific Use Permit to allow a gaming site at 2865 S. 11th Street. The applicant wishes to have fifteen (15) gaming machines at this location. The hours of operation for the business would be Monday to Sunday, 10 a.m. to 10 p.m. It should be noted that gaming facilities that have five or fewer machines tend to be considered accessory in nature, when part of a primary use, and as such tend to result in fewer negative impacts on surrounding land uses. However, larger game rooms with dozens of machines take on the scale of a small casino and as a result, require careful consideration as to their location and compatibility with surrounding land uses. Some of these considerations include compatibility with other land uses, noise, and traffic as well as safety considerations. As such, proximity to parks, schools and especially residential uses should be carefully considered in the review of gaming facilities. This property is in close proximity to Gateway Village Senior Apartments and Sunlight Manor Apartments. Additionally, a church, Victory Temple, is located within 400' of the proposed gaming facility. Minutes— April 4,2023 The existing parking lot accommodates five (5) parking spaces to serve four (4) suites for lease. A gaming facility would require sixteen (16) parking spaces. The site does not appear to have enough real property to accommodate expansion of the parking lot to meet minimum off-street parking requirements. At a Joint Public Hearing held on March 20, 2023, the Planning Commission recommended 9:0 to deny the request for a Specific Use Permit to allow a gaming site in the GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 2865 S. 11th Street. Denial of the ordinance. Councilmember Neild moved to DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A GAMING SITE IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2865 S. 11TH STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION DENIED 4. Consider a request for a Specific Use Permit to allow a gaming site in the GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 5425 College Street. Ranvir Sachdeva has requested a Specific Use Permit to allow a gaming facility at 5425 College Street with twenty (20) machines. The hours of operation for the business would be 10:00 a.m. to 9:00 p.m. Security will be provided by on-site surveillance and a professional security guard. The submitted site plan shows twenty (20) parking spaces, however, the required off-street parking calls for a minimum of twenty-four (24) parking spaces. Gaming facilities that have five or fewer machines tend to be considered accessory in nature, when part of a primary use, and as such tend to result in fewer negative impacts on surrounding land uses. However, larger game rooms with dozens of machines take on the scale of a small casino and as a result, require careful consideration as to their location and compatibility with surrounding land uses. Some of these considerations include compatibility with other land uses, noise, and traffic as well as safety considerations. As such, proximity to parks, schools and especially residential uses should be carefully considered in the review of gaming facilities. It should be noted that this property is not in close proximity to any parks, churches or schools. However, it is within 300' of residentially zoned property. At a Joint Public Hearing held on March 20, 2023, the Planning Commission recommended 9:0 to deny the request for a Specific Use Permit to allow a gaming site in the GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 5425 College Street, with the following conditions: Minutes— April 4,2023 1. Shall be in compliance with Article 6.10 Gaming (Sections 6.10.001 — 6.10.021). 2. Shall obtain approvals for all applicable permits from the Building Codes. 3. Shall submit to the City a written agreement with an adjacent property owner that will allow for overflow parking. 4. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program. Denial of the ordinance. Councilmember Getz moved to DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A GAMING SITE IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 5425 COLLEGE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Neild seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION DENIED 5. Consider a request for a Specific Use Permit to allow a Recreational Vehicle Park in the GC- MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 550 Pinchback Road. Arwah Alkahtani is requesting a Specific Use Permit to allow an RV (Recreational Vehicle) Park at 550 Pinchback Road. The development will consist of sixty-five (65) to seventy-five (75) pads with water, electricity, and sewage hook-ups. Security measures will include cameras throughout the park and constant monitoring of the property. The RV Park will be open 24 hours a day all year round. The business operating hours will be Monday through Friday, 8:00 a.m. to 5:00 p.m., and Saturday, 9:00 a.m. to 2:00 p.m., with one on-site manager. Per our City's Comprehensive Plan, the proposed development is considered to be located in a Stable Area. Such areas are built up areas characterized by good to excellent structural conditions, blight-free neighborhoods, and vacant parcels which may exist are good to excellent development sites. This proposal appears to be consistent with the Comprehensive Plan of Beaumont. At a Joint Public Hearing held on March 20, 2023, the Planning Commission recommended 6:3 to approve the request for a Specific Use Permit to allow a Recreational Vehicle Park in the GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 550 Pinchback Road, with the following conditions: 1. Shall be in compliance with Section 24.06.008 Minimum standards for type"C" recreational vehicle park. Minutes— April 4,2023 2. Shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 3. Shall provide directional lighting to reflect away from residential properties to the south. 4. Construction plans must meet all requirements by Water Utilities for any water and sanitary improvements, including any requirements of the City's backflow, pre-treatment and/or FOG program. 5. No permanent structure or appurtenances shall be placed within the easement property, including RV stalls. 6. Water and sewage crossings and separations shall follow all Texas Commission on Environmental Quality (TCEQ) standards. 7. A net-zero increase in the runoff will be required to ensure the runoff from the proposed conditions matches the existing conditions for the 100-year storm event using Atlas 14 rainfall data. The site may drain to the Amelia Cutoff ditch to the west with an approved Storm Pip Tie-In Permit, per Drainage District 6. 8. A topographic survey must be completed to show which direction the existing ditch is flowing to avoid negatively impacting the surrounding properties. No water from the developed site shall drain onto neighboring properties, per Drainage District 6. 9. Shall have full-time security on-site. Approval of the ordinance, with the following conditions: 1. Shall be in compliance with Section 24.06.008 Minimum standards for type"C" recreational vehicle park. 2. Shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 3. Shall provide directional lighting to reflect away from residential properties to the south. 4. Construction plans must meet all requirements by Water Utilities for any water and sanitary improvements, including any requirements of the City's backflow, pre-treatment and/or FOG program. 5. No permanent structure or appurtenances shall be placed within the easement property, including RV stalls. 6. Water and sewage crossings and separations shall follow all Texas Commission on Environmental Quality (TCEQ) standards. 7. A net-zero increase in the runoff will be required to ensure the runoff from the proposed conditions matches the existing conditions for the 100-year storm Minutes— April 4,2023 event using Atlas 14 rainfall data. The site may drain to the Amelia Cutoff ditch to the west with an approved Storm Pip Tie-In Permit, per Drainage District 6. 8. A topographic survey must be completed to show which direction the existing ditch is flowing to avoid negatively impacting the surrounding properties. No water from the developed site shall drain onto neighboring properties, per Drainage District 6. 9. Shall have full-time security on-site. Councilmember Getz moved to DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RECREATIONAL VEHICLE PARK IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT FOR PROPERTY LOCATED AT 550 PINCHBACK ROAD, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Neild seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION DENIED 6. Consider a request for an amended Specific Use Permit to allow restaurants, professional offices, and retail stores in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 4515 N. Major Drive. Dr. Phuc Nhat Le is requesting an amended Specific Use Permit to allow restaurants, professional offices and retail stores in a new retail shopping center located at 4515 N. Major Drive. The GC-MD-2 zoning district requires a Specific Use Permit for all new proposed land uses. In December of 2019, a request for retail and storage was approved. In September of 2020, Dr. Le requested a development consisting of 17 condominiums and approximately 23,080 square feet of retail space. In April of 2021, the proposal was revised to include 36 Condominium units and approximately 10,700 square feet of retail space. In July 2021, the retail space was eliminated, and seventy (70) condominium units were proposed. Now, Dr. Lee would like to eliminate the residential development and move forward with an 8,675 sq. ft. retail shopping center. The location of driveways is subject to approval of TXDOT. Any substantial changes to the site plan resulting from driveway approval may necessitate additional review of the plan via the Specific Use Permit process. At a Joint Public Hearing held on March 20, 2023, the Planning Commission recommended 9:0 to approve the request for an Amended Specific Use Permit to allow restaurants, professional offices, and retail stores in the GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 4515 N. Major Drive, with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code requirements. Minutes— April 4,2023 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program. 3. A net-zero increase in the runoff will be required to ensure the runoff from the proposed conditions match the existing conditions for the 100-year storm event using Atlas 14 rainfall data, per Drainage District 6. Approval of the ordinance, with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program. 3. A net-zero increase in the runoff will be required to ensure the runoff from the proposed conditions match the existing conditions for the 100-year storm event using Atlas 14 rainfall data, per Drainage District 6. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW RESTAURANTS, PROFESSIONAL OFFICES AND RETAIL STORES IN A GC-MD-2(GENERAL COMMERCIAL-MULTIPLE DWELLING-2)DISTRICT AT 4515 N.MAJOR DRIVE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEEFERSON COUNTY, TEXAS. Councilmember Neild seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-030 7. Faust Engineering and Surveying, Inc. is requesting approval of an amended Specific Use Permit to allow a residential care facility located at 1094-1098 Cottonwood Street. The site will be used for a dormitory, office space and parking lot for the H.O.W. Center. The H.O.W. Center is a facility offering room and board for men with substance abuse problems. The H.O.W. Center is a 501(c)(3) and is governed by a Board of Directors. Section 28.04.006 of the City's landscaping ordinances states, "an increase in the size of an existing parking lot by twenty-five (25)percent in the number of parking spaces or more shall require the entire parking lot, in addition to the twenty-five (25) percent expansion, to be brought into compliance with this section." The submitted site plan appears to comply with this regulation. At a Joint Public Hearing held on March 20, 2023, the Planning Commission recommended 8:0 (Commissioner Jabbar stepped out) to approve the request for an Amended Specific Use Permit to allow a residential care facility in the RM-H (Residential Multiple Family-Highest Minutes— April 4,2023 Density) District for property located at 1094-1098 Cottonwood Street, with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code and requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program. 3. The sanitary sewer line shall be tied to the City line located in the alleyway or to Cottonwood Street. Approval of the ordinance, with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program. 3. Sanitary sewer line shall be tied to the City line located in the alleyway or to Cottonwood Street. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY IN THE RM-H(RESIDENTIAL MULTIPLE FAMILY-HIGHEST DENSITY) DISTRICT AT 1094-1098 COTTONWOOD STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SMAUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-031 Council recessed at 4:43 p.m. Council reconvened at 5:00 p.m. 8. Zach Rowe, on behalf of Dr. John Adolph with Antioch Missionary Baptist Church, is requesting a zone change to an 8.26-acre portion of property located east of 3920 W. Cardinal Drive. They would like to rezone the property from GC-MD (General Commercial - Multiple Family Dwelling) District to RM-H (Residential Multiple Family-Highest Density) District. If granted, the property owner will use the portion of land to develop a new subdivision to accommodate thirty (30) new residential lots, tennis court, basketball court and playground. Minutes— April 4,2023 According to our City's Comprehensive Plan the property is located within the"Conservation and Revitalization," area. Such areas are "built up areas where a significant portion of the area is experiencing influences such as incompatible land uses, dilapidated infrastructure, and a decline in population and in the number of housing units and businesses. Immediate actions are needed to prevent continued deterioration and to reverse and repair those conditions."This request appears to align with our City's Comprehensive Plan of Beaumont and a viable development plan to aid neighborhood growth in this area. At a Joint Public Hearing held on March 20, 2023, the Planning Commission recommended 7:0:2 (Commissioner Jabbar and Commissioner Javed abstained) to approve the request to rezone a portion of property from GC-MD (General Commercial-Multiple Family Dwelling) District to RM-H (Residential Multiple Family-Highest Density) District for property located east of 3920 W. Cardinal Drive. Approval of the ordinance. Councilmember Feldschau moved to ADOPT AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT,TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED 3920 W. CARDINAL DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-032 9. Consider a request for an Amended Specific Use Permit to allow retail shopping center with restaurants, clothing stores, food shops, beauty salons and professional offices on the GC- MD-2 (General Commercial-Multiple Family Dwelling-2) District portion of the property located at 3100 N. Major Drive. Zulag Properties, L.L.C. is requesting approval of an Amended Specific Use Permit to allow a retail shopping center with restaurants, clothing stores, food shops, beauty salons and professional offices at 3100 N. Major Drive. The development site affected will be the portion of the property zoned as GC-MD-2. In February of 2017, the Council approved a Specific Use Permit to allow a 37,750 sq. ft. retail shopping center with 216 parking spaces. The proposed tenants included retail shopping, offices, and restaurants. In February of 2023, the developer applied for a building permit. It was noticed the Specific Use Permit had expired and the site plan flipped with the road originally being located to the south of the shopping center to it now being located to the north, which placed the commercial structure closer to the residential neighborhood on Minutes— April 4,2023 Village Drive. Zulag Properties, L.L.C. requests approval of the Amended Specific Use Permit so he may move forward with his development of the Westchase Shopping Center. It should be noted, the location of driveways and sidewalks is subject to approval of TXDOT. Any substantial changes to the site plan resulting from the driveway approval may necessitate additional review of the plan via the Specific Use Permit process. At a Joint Public Hearing held on March 20, 2023, the Planning Commission recommended 9:0 to approve the request for an Amended Specific Use Permit to allow retail shopping center with restaurants, clothing stores, food shops, beauty salons and professional offices on the GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District portion of the property located at 3100 N. Major Drive, with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code and requirements. 2. Construction plans shall comply with 28.04.006 Landscaping and screening requirements and install a 5' wide along Major Drive from property line to property line. 3. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program. 4. Directional lighting shall be installed to reflect away from the residences located off Village Drive, south of the proposed development. 5. The utility plan shall show the location of the required fire hydrants. Approval of the ordinance, with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code and requirements. 2. Construction plans shall comply with 28.04.006 Landscaping and screening requirements and install a 5' wide along Major Drive from property line to property line. 3. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program. 4. Directional lighting shall be installed to reflect away from the residences located off Village Drive, south of the proposed development. 5. The utility plan shall show the location of the required fire hydrants. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW RESTAURANTS,CLOTHING STORES,FOOD SHOPS,BEAUTY SALONS,AND PROFESSIONAL OFFICES IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE DWELLING- 2) DISTRICT AT 3100 N.MAJOR DRIVE,WITH THE CONDITIONS,IN THE CITY OF BEAUMONT,JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the motion. Minutes— April 4,2023 AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-033 10. Consider a resolution authorizing the City Manager to execute a contract with HDR Inc. to perform a water & wastewater utility financial planning and rate model. A work session was held on April 21, 2023, to discuss the revenue, fund balance and operations of the water and wastewater utility fund. Various ideas were discussed on how to increase the minimum required fund balance from 15% of annual operating costs to 25% of annual operating costs. The increase in the minimum fund balance is needed to help satisfy some of the metrics used by rating agencies when they assign ratings to our revenue bond issues. A water and sewer service rate study which will align to our 5-year capital plan was one of the ideas discussed that day. This idea was also well received by our rating agencies, and it was mentioned in their press release when they issued our most recent ratings. Staff reviewed 3 different proposals from professional firms qualified to perform this model and recommend that we award a contract to HDR Inc. for a proposed fee not to exceed $54,367.00. Funds will come from the Water Utilities Fund. Approval of the resolution. Mayor Pro Tem Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH HDR INC., OF AUSTIN, TEXAS, TO PERFORM A WATER AND WASTEWATER UTILITY FINANCIAL PLANNING AND RATE MODEL IN THE AMOUNT OF $54,367.00. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-093 11. Consider an Ordinance amending Ordinance 23-005. On January 24, 2023, the Council adopted Ordinance 23-005 approving a contract with the County for election services. The proposed amendment would remove page 9 of the Election Services Contract relating to "Contract Cost" and replace it with an amended page 9. The amendment is required to reflect the use of the updated voting machines. Approval of Ordinance. Minutes— April 4,2023 Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE 23-005 TO REMOVE PAGE 9 OF THE ELECTION SERVICES CONTRACT RELATING TO "CONTRACT COSTS"AND REPLACE IT WITH AN AMENDED PAGE 9 TO REFLECT THE USE OF UPDATED VOTING MACHINES. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-005-A WORK SESSION • Review and discuss the adoption of local construction codes. (Work Session can be viewed on the City of Beaumont's website) 12. Consider an ordinance adopting the 2021 International Building, Residential, Existing Building, Fire, Energy Conservation, Fuel Gas, Property Maintenance, Swimming Pool and Spa, and 2020 National Electrical Code and 2020 ICC 600 Standard for Residential Construction in High Wind Regions, with local exceptions. In the ongoing effort to ensure that the public is increasingly safer and more secure in the buildings constructed and occupied in the city, from time to time, the city considers the adoption of new construction and maintenance codes. In addition, State mandates as well as periodic reviews from the Insurance Services Office (ISO) are factors in considering such code updates. The ISO is an advisory agency to the insurance industry, providing rankings, or ISO levels, of communities and their adherence to updated codes, enforcement and training. The city currently operates under the 2015 International Codes as well as the 2014 National Electrical Code. We now propose to adopt the following code revisions, endorsed by the International Code Council, with some local exceptions. 2021 International Building Code 2021 International Residential Code 2021 International Existing Building Code 2021 International Fire Code 2021 International Energy Conservation Code 2021 International Fuel Gas Code 2021 International Property Maintenance Code 2021 International Swimming Pool & Spa Code 2020 National Electrical Code 2020 ICC-600 Standard for Residential Construction in High-Wind Regions Minutes— April 4,2023 These recommended adoptions and local exceptions are based on a review of the codes to ensure that they are compatible with local needs. In addition, staff met with representatives of the Homebuilders of Southeast Texas, the Associated General Contractors of Southeast Texas, local engineers, architects, and contractors at a workshop conducted by the City of Beaumont staff for a workshop session in order to discuss significant changes and offer guidance on the implementation of the new codes. Councilmember Mouton moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT ADOPTING THE 2021 INTERNATIONAL BUILDING, RESIDENTIAL, EXISTING BUILDING, FIRE, ENERGY CONSERVATION, FUEL GAS, PROPERTY MAINTENANCE,SWIMMING POOL,AND SPA,AND THE 2022 NATIONAL ELECTRICAL CODE AND THE 2020 ICC 600 STANDARD FOR RESIDENTIAL CONSTRUCTION IN HIGH WIND REGIONS, WITH LOCAL EXCEPTIONS. Mayor Pro Tem Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-034 13. Consider an ordinance adopting the 2021 International Plumbing Code. In the ongoing effort to ensure that the public is increasingly safer and more secure in the buildings constructed and occupied in the city, from time to time, the city considers the adoption of new construction and maintenance codes. The City currently operates under the National Electric Code (NEC), as well as the International Code Council's Building, Residential, Existing Building, Energy Conservation, Fuel Gas, Plumbing, Mechanical, and Property Maintenance Codes. Proposed is the adoption of the 2021 International Plumbing Code. This proposed adoption and local exceptions are based on a review of the code to ensure that it is compatible with local needs. In addition, staff met with representatives of the Homebuilders of Southeast Texas, the Associated General Contractors of Southeast Texas, local engineers, architects, and contractors at a workshop conducted by the City of Beaumont staff for a workshop session in order to discuss significant changes and offer guidance on the implementation of the new code. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT ADOPTING THE 2021 INTERNATIONAL PLUMBING CODE. Councilmember Getz seconded the motion. AYES: COUNCILMEMBERS GETZ, FELDSCHAU, AND NEILD NAYS: NONE MAYOR MOUTON, MAYOR PRO TEM DURIO, TURNER, AND SAMUEL MOTION FAILED Minutes— April 4,2023 14. Consider an ordinance adopting the 2021 Uniform Plumbing Code. In the ongoing effort to ensure that the public is increasingly safer and more secure in the buildings constructed and occupied in the city, from time to time, the city considers the adoption of new construction and maintenance codes. The City currently operates under the National Electric Code (NEC), as well as the International Code Council's Building, Residential, Existing Building, Energy Conservation, Fuel Gas, Plumbing, Mechanical, and Property Maintenance Codes. Proposed is the adoption of the Uniform Plumbing Code. Please note that amendments to the adoption of the 2021 Uniform Plumbing Code may be required in order to ensure compliance with certain state requirements and for the correct correlation with all of the other adopted I-Codes. This proposed adoption and local exceptions are based on a review of the code to ensure that it is compatible with local needs. In addition, staff met with representatives of the Homebuilders of Southeast Texas, the Associated General Contractors of Southeast Texas, local engineers, architects, and contractors at a workshop conducted by the City of Beaumont staff for a workshop session in order to discuss significant changes and offer guidance on the implementation of the new codes. Councilmember Neild moved to DENY AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT ADOPTING THE 2021 UNIFORM PLUMBING CODE. Councilmember Getz seconded the motion. AYES: COUNCILMEMBERS GETZ, FELDSCHAU AND NEILD NAYS: MAYOR MOUTON, MAYOR PRO TEM DURIO, TURNER AND SAMUEL MOTION FAILED Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT ADOPTING THE 2021 UNIFORM PLUMBING CODE. Mayor Pro Tem Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, TURNER AND SAMUEL NAYS: COUNCILMEMBERS GETZ, FELDSCHAU AND NEILD MOTION PASSED ORDINANCE 23-035 15. Consider an ordinance adopting the 2021 International Mechanical Code. In the ongoing effort to ensure that the public is increasingly safer and more secure in the buildings constructed and occupied in the city, from time to time, the city considers the adoption of new construction and maintenance codes. The City currently operates under the National Electric Code (NEC), as well as the International Code Council's Building, Residential, Existing Building, Energy Conservation, Fuel Gas, Plumbing, Mechanical, and Property Maintenance Codes. Minutes— April 4,2023 Proposed is the adoption of the 2021 International Mechanical Code. This proposed adoption and local exceptions are based on a review of the codes to ensure that they are compatible with local needs. In addition, staff met with representatives of the Homebuilders of Southeast Texas, the Associated General Contractors of Southeast Texas, local engineers, architects, and contractors at a workshop conducted by the City of Beaumont staff for a workshop session in order to discuss significant changes and offer guidance on the implementation of the new codes. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT ADOPTING THE 2021 INTERNATIONAL MECHANICAL CODE. Councilmember Samuel seconded the motion. AYES: COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: MAYOR MOUTON AND MAYOR PRO TEM DURIO MOTION PASSED ORDINANCE 23-036 16. Consider an ordinance adopting the 2021 Uniform Mechanical Code. (This item was not voted upon) In the ongoing effort to ensure that the public is increasingly safer and more secure in the buildings constructed and occupied in the city, from time to time, the city considers the adoption of new construction and maintenance codes. The City currently operates under the National Electric Code (NEC), as well as the International Code Council's Building, Residential, Existing Building, Energy Conservation, Fuel Gas, Plumbing, Mechanical, and Property Maintenance Codes. Proposed is the adoption of the Uniform Mechanical Code. Please note that amendments to the adoption of the 2021 Uniform Mechanical Code may be required in order to ensure compliance with certain state requirements and for the correct correlation with all of the other adopted I-Codes. This proposed adoption and local exceptions are based on a review of the code to ensure that it is compatible with local needs. In addition, staff met with representatives of the Homebuilders of Southeast Texas, the Associated General Contractors of Southeast Texas, local engineers, architects, and contractors at a workshop conducted by the City of Beaumont staff for a workshop session in order to discuss significant changes and offer guidance on the implementation of the new codes. PUBLIC HEARING • Conduct a Public Hearing to hear applicant requests for funding from the 2023 Community Development Block Grant Program. Public Hearing Open: 6:42 p.m. Minutes— April 4,2023 Brittney Delagarza 2449 Calder Ave. Beaumont TX Spoke on behalf of CASA of Southeast Texas Katie Durio 295 Flamingo Rose City TX Spoke on behalf of Stable Spirit Robin Pearson 855 S. 8th St. Beaumont TX Spoke on behalf of Shorkey Center Seth Wells 6890 Glen Willow Dr. Beaumont TX Spoke on behalf of RISE Center Daniel Jeans 2509 Cable Ave. Beaumont TX Spoke on behalf of H.O.W. Center Vivian Ballou 3030 Plaza Cir Beaumont TX Spoke on behalf of Legacy CDC Reecie Goodman 350 Pine St. #500 Beaumont TX Spoke on behalf of Communities In Schools of Southeast Texas Deborah Tomor 3550 Fannin St. Beaumont TX Spoke on behalf of Family Services of Southeast Texas Public Hearing Close: 7:06 p.m. COMMENTS * Public Comments (Persons are limited to three minutes) Dylan Richardson 4575 N. Major Dr. Beaumont TX Spoke to Council regarding growing up as a child in Beaumont, TX, stated that he was always in aww of the elected officials along with their stellar reputations, educated opinions, and respected professions, while much has changed his respect for most of them hasn't wavered, some of what has personally changed for himself and his views is that he's lost his naive nature, addressed three items with Council, 1) homelessness; thinks that Council has shown a blatant disregard and disinterest in providing citizens with the resources needed to become more productive citizens of our local society; 2) Beaumont Fire and Emergency Services on an extremely rare occasion is choosing not to endorse the incumbent office of Mayor, in fact they have chosen to only endorse two respective individuals, it's devastating and humiliating to know that our first responders are afraid of what will come of their respective professions if some of the incumbents are to be reelected, he implored each of the Minutes— April 4,2023 Councilmembers to reach out to the firemen directly as opposed to the big wigs in certain professions that will say whatever is needed to save face, stated that there is a pay discrepancy of$6.00 an hour between private contracted emergency services and the city, if you equate that over a monthly period the $3,000.00 dollar sign on bonus that the City Manager has put into place would be negated, 3) term limits, it's his understanding that only one Councilmember has spoken about terms limits which begs the question as to why Johnny Beatty 3555 Washington Blvd. Beaumont TX Stated that he's requesting that Council reinstate the Rental Rehabilitation Program to the Community Development Block Grant Annual Budget, according to HUD's code of Federal Regulations 24 CFR Part 511 it states that the primary objective of the program is to increase the supply of safe, decent, and affordable housing for lower income households through the renovation of the existing rental housing stock, the City of Beaumont became an entitlement city in 1976, the rental rehab program was initiated in the mid 1980's, stated that as he recalls the rental rehab program was initially funded by about $350,400.00, this was designed to grant landlords with 49% of the total cost of the project provided the landlord contributed 51%, the project was located in low to moderate income census tracts, the said rehab program was suspended in the late 1990's due to federal budget cuts to the discretionary funds and the acquisition of the Section 108 Loan Program, in regards to the said loan program HUD gives cities the opportunity to borrow five times their annual entitlement, thus the city borrowed $llmillion dollars and made $800,000.00 a year payments from its annual entitlement for 20 years, now that the loan has been repaid the annual budget has increased by $800,000.00 a year and some of the funds can be used for housing initiatives that would enhance the lives of low to moderate income citizens, stated that one of the highlights of his thirty one years in Community Development came when Mr. Boone asked him to manage the expenditures of several stimulus grants during the Obama Administration, stated that along with the annual entitlements they had approximately thirty million dollars Jeff Nesom 214 Bayou Dr. Beaumont TX Stated that he wanted to provide clarification on a few issues effecting Firefighters, EMT's and the citizens of Beaumont, first and foremost the Firefighters and Medics within our membership do an incredible job every day caring for the citizens, this cannot be disputed, over the past two years they have tried to provide relief through more hiring options, they provide their management with common sense solutions to hiring issues that affect their department, the solutions brought to the table are tried and true with departments that think outside the box, to be clear, they don't want to work to lower the standards or reduce care of the citizens and never have, as a part of their hiring proposal in 2021 they suggested that all future fire fighters be required to obtain a paramedic certification, this would greatly increase their standard of care over time, they embrace the change of fire based EMS and hiring the way they proposed would attract applicants from within the community which keeps our citizens local and also maintains an organization that is representative of the community that they serve, however, they have seen lowering in their standards, city ordinance Article 10.07; License Personnel states that every ambulance when in service shall be manned with at least two EMT's who are currently certified, recently department policy was changed to allow emergency care attendants to staff an ambulance, this directly lowers the standards of care and is a violation of the city ordinance, as if not having enough ambulances to transport isn't enough, the response to no miss calls is a game of semantics, stated that they do receive 911 calls that they can't send an ambulance to, in many of these cases patients have to Minutes— April 4,2023 resort to be being transported by private or other means, this prevents them from being able to provide the continuous care to the hospital that the citizens deserve, stated that there's been times when Police Officers transport patients in police cars, also stated that just yesterday in north Beaumont a fall with injury occurred, the fire fighters arrived and they were at level zero with three calls holding, the fire fighters notified the family of the victim that there were no ambulances available, the family then transported the patient to the hospital, this ended up being a possible head injury with altered mental status, a true emergency, stated that all the members want is to provide good patient care, it's easy to do when they have the resources, they need more fire fighters, they are hopeful that the future will hold more focus on hiring and retention so they can reach that goal, the fire fighters of this city are asking for help and are ready and willing to sit down and work toward solutions Charlie Crabbe 928 East Dr. Beaumont TX Thanked Ms. Broussard, City Clerk and her staff for getting him information that he requested and guiding him through the web site to retrieve other information that he needed, stated that the EMS systems seems to be working well and it was interesting to hear about the SAM System in San Antonio, that eliminates a lot of 911 calls that aren't necessary and goes to another operator where 911 can be operated successfully Joshua Hollub 10809 Elizabeth Ln. La Porte TX Stated that he reached out to Moises Dugan's office who is the District 6 FEMA Deputy Administrator, he received a response from his office as it pertains to the UPC and IPC requirements, stated that FEMA offers relief for residential, they don't offer for businesses and or rental properties, those get sent to the SBA, stated that there's only one option for residential codes and that's the IRC, there's seems to be some confusion and maybe it's a typo when calling it the IPC versus what it should be as written for the IRC, so the reason the city may not get a response is because the UPC goes to the SBA, the IRC is the Texas standard for residential, stated that his business is out of Pasadena, he's a fourth generation master plumber and has been in business since 1956 and Beaumont is one of the strategic placements for their new business, they want to headquarter one of their new locations in Beaumont Mark Roberts 140 Bigner Rd. Mandeville LA Thanked Council for their continued update for the International Code, he and his company stand ready to assist staff with any difficulties they may have with implementing the new code Stacey Lewis Jr. 1775 Rivercrest St. Beaumont TX Petitioned Council that the new basketball court for the Sterling Pruitt Activity Center be named after Alexis Morris, if you don't know anything about the Sterling Pruitt Activity Center, from the 1990's through 2010 Coach Lewis handled the entire center from the good to the bad, there were also guys at the dominos table calling for fifteen, aerobics classes lead by Ms. Toni, on the basketball court, scrubs on the left and the real hoopers always on the right, the two constants on the basketball court were former city employee Leslie Moss and always Alexis Morris, those two were always calling people out for a game of one on one, Leslie Moss passed away a few years ago, but Lexi as she's known, epitomizes the spirit of those who hoop and utilize the Sterling Pruitt Activity Center aka the "rec", Alexis is the most decorated woman basketball player in the city's history and the most decorated female Minutes— April 4,2023 athlete since one Babe Didrikson Zaharias, Alexis is a graduate from Legacy Christian Academy, her accomplishments include 2016 TAPS 3-A Champion State Finalist and 2017 TAPS 3-A Champion, Jordan Brand Classic, McDonalds All-American, 2018 Big Twelve All- Freshman team leader, Big Twelve Conference Championship with Texas A&M, First Team all SSC team player, the most notable; she brought home twenty one points and nine assist representing Beaumont Texas, being the first LSU Tiger to win a championship, she's also declared for the draft today and expected to be the first round draft pick in the top fifteen, stated that Alexis has done some incredible things with the resources that this Council and past Council has done for the North End, stated that he leans on the Council and the initiative that he's declared today that the North End community gets one of its own to have a basketball gymnasium named after Alexis Morris Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - NONE COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER FELDSCHAU - NONE COUNCILMEMBER TURNER - CONGRATULATED ALEXIS MOORE, STATED THAT THE CITY APPRECIATES HER AND VERY PROUD OF HER COUNCILMEMBER GETZ - NONE MAYOR PRO TEM DURIO - NONE CITY MANAGER WILLIAMS - CONGRATULATED EXXONMOBIL ON THE COMPLETION OF THEIR $2 BILLION DOLLAR PLANT EXPANSION AND THEIR ACTIVITY TODAY,STATED THAT STAFF HAS GOTTEN A REQUEST FOR A POSSIBLE PARADE FOR A BASKETBALL CELEBRATION FOR BEAUMONT UNITED HIGH SCHOOL AND ALEXIS MORRIS AND HER TEAM MEMBERS, STATED HE HAS SCHEDULED A MEETING TO DISCUSS THIS WITH STAFF CITY ATTORNEY REED - STATED THAT COUNCILMEMBER TURNER HAS REQUESTED THAT A CHARTER CHANGE BE DONE, HE ACTUALLY WANTED THE CHARTER CHANGE FOR THE MAY ELECTION HOWEVER, THE CITY DIDN'T MAKE THAT CUT OFF BECAUSE IT HADN'T BEEN TWO YEARS FROM A PREVIOUS CHARTER CHANGE, STATED THAT SHE WILL BE BRINGING TO COUNCIL PLANS FOR A CHARTER COMMITTEE AND ASKING COUNCIL TO VOTE ON OBJECTIVES FOR THAT COMMITTEE SO THAT THEY CAN BE PREPARED TO PUT THE AMENDMENTS ON THE NOVEMBER BALLOT, THERE WILL BE SOME CHANGES AS TO HOW ITS PREVIOUSLY BEEN DONE AND ASK COUNCIL TO ACTUALLY APPOINT A CHARTER CHANGE COMMITTEE SPECIFICALLY FOR THIS PROJECT SO THAT THE CITY CAN ENSURE THAT THE ITEMS THAT COUNCIL PUSHES FOR ARE APPROVED Minutes— April 4,2023 MAYOR MOUTON - STATED THAT ON YESTERDAY, MR. WILLIAMS, HERSELF AND STEVE AHLENIUS, BEAUMONT CHAMBER PRESIDENT TESTIFIED AND SPOKE TO THE WAYS AND MEANS COMMITTEE, REPRESENTATIVE CHRISTIAN MANUEL PRESENTED HOUSE BILL 3250 WHICH WILL PLAY A CRITICAL ROLE IN THE CITY'S ECONOMIC DEVELOPMENT STRATEGY BY ALLOWING THE CITY TO LEVERAGE REVENUES FOR TEN YEARS FOR THE COMMUNITY WITHOUT LEVYING NEW TAXES ON THE SALES TAX AND THE HOT TAX, WHICH IS THE HOTEL OCCUPANCY TAX, THIS BILL WILL ALLOW REVENUE TO BE GIVEN BACK TO THE CITIZENS OF BEAUMONT FOR THE NEXT TEN YEARS FOR RENOVATIONS THAT THEY'RE LOOKING FORWARD TO,THIS CAME ABOUT LATE FRIDAY AFTERNOON,THEY RECEIVED A PHONE CALL WANTING TO KNOW IF THEY COULD BE IN AUSTIN ON MONDAY MORNING, STATED THAT SHE'S LOOKING FORWARD TO GETTING THE RESULTS BACK,CONGRATULATED ALEXIS MORRIS,THANKED EVERYONE FOR COMING, GO OUT AND SPREAD THE LOVE EXECUTIVE SESSION • Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Melanie Moye Comeaux v. City of Beaumont; Cause No. E210C36 • Consider matters related to the deliberation purchase, lease exchange 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 south of West Cardinal Drive and East of IH-10, more specifically the approximate 2,049.36-acre tract of C Hillebrandt, ABS 28, Tract 10, Jefferson County, Texas Open session of meeting recessed at 7:29 p.m. Robin Mouton, Mayor Tina Broussard, City Clerk Minutes— April 4,2023 B BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: April 18, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to Greenscapes Six, LLC, of Baytown, for the Cattail Marsh Sidewalk Trail Project. BACKGROUND The Cattail Marsh Sidewalk Trail Project consists of excavation and site preparation in order to construct a new concrete sidewalk path. Minimal drainage work including installation of box culverts and ditch grading will also be done as a part of this project. On March 23, 2023, six(6)bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate is $200,000.00. The base bid items plus the additive item for an 8-foot sidewalk path are totaled in the table below: Contractor Location Base Bid+8' Sidewalk Greenscapes Six, LLC Baytown, TX $176,097.00 Triangle Civil Services Beaumont, TX $183,548.00 Elite Contractors and Equipment Kirbyville, TX $190,452.00 BW Mack Construction, LLC Beaumont, TX $222,424.00 Construction Managers of SETX, LLC Beaumont, TX $239,105.48 Brystar Contracting, Inc Beaumont, TX $269,463.00 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, Greenscapes Six, LLC, in the amount of$176,097.00. A total of sixty (60) calendar days are allocated for completion of the project. FUNDING SOURCE Hotel Occupancy Tax Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on March 23, 2023, six (6) bids were solicited for the furnishing of all labor, materials, and equipment for the Cattail Marsh Sidewalk Trail Project; and, WHEREAS, Greenscapes Six, LLC, of Baytown, Texas submitted a bid in the amount of$176,097.00; and, WHEREAS, City Council is of the opinion that the bid submitted by Greenscapes Six, LLC, of Baytown, Texas in the amount of$176,097.00 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 Greenscapes Six, LLC, of Baytown, Texas in the amount of $176,097.00 for the furnishing of all labor, materials, and equipment for the Cattail Marsh Sidewalk Trail Project, should 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 Greenscapes Six, LLC, of Baytown, 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 18th day of April, 2023. - Mayor Robin Mouton - { pi BID TABULATION CATTAIL MARSH SIDEWALK TRAIL BID NUMBER:PWI223-05 BID OPENING DATE:THURSDAY.MARCH 23,2023 The Bid Proposals submitted have been reviewed and to the best of my knowledge this is on accurate tabulation of the bids received. k\/N"-C)•\•.L-11%."\\-\\,I ''....k.)\...i...3•...... \A)\\)c:DO c..D .,...-.7.;`..:3t.1Zre.-,t1L‘ By.AMALIA VILLARREAL,P.E.,CFM,CITY ENGINEER DATE 1 N!"LN v -` :..yam i S}s,.r, � ai� TAab MS.r.• C+.......1117.LLC 0w11.7Co.*.Lie Li Co....L4rlAa CaNONON 51.......TSRX me OSraCra.NyW IS..w I...C.i SsItai I1.7710 ItO' Its 7 111. T. WA FM T. WTwn TM.1 Ma NS 7N US MY T.V SS Prim Tad IN MS 4SINvaC<SSTSn4XWatX1 a SY S Sal S UMW S flat I.Tiia t ILO S U01 S ma I 115I11 S TlU S ISM S ISM S TOa1 IC NC O.RS SLOWS UN IT I LIS S SASS I IN I Sil4N 5 LSI t I,INN S ILa I 44L111 t W L Nile L 158 i 1as. ✓ Na MCC"MIL OCR QOSAY JCS II CV t U4a 4 LOSS I ISM I LSIs t CS S LSC1 t A11 S {CUM 1 MN I kISS S a1 S LISS 4C SIS COICSC Mr=01T33M N LT L ass*S 71140 t ow S :UNN S 41LN S KIN St S 4¢1 S I0R1 4 MN S SI,SCit S MN t :Spa me 77111 I4001*A1108 I LT I t.`31 I Lyra i SUMO S :Sat. L LOOM L Las S 4.0 t YNa I SANS! MSS i ISM f LINa La NA mKISKOCNessumeOOCTtTT I, I L' t 1J4.7 L UMW L 1.0CN 1 LAM L 4..a 1 LIMO 1 L101 S 4171 5 1LINN i *MN I 01101 S ASN I III I tfl,C*SXW41.Utt tr'w , nl AM SY t Olt I 115711111 1 ILO L I571.5 S 1n111 S 41.1115e S 7.40 S 117111 S INS S MMUS t SON S NUMB IY t01 C:Lv.M OC RICILNSC MOSS SCUMS MSS. N V 1 as 1 SOS I Mt I OWN 1 a.O S ISe1 S Wa S 41441 L XXI i 1.I011 a 41 i Il101 KGS4DDC1 ,,., 1 lI ISLMICO.OLTS..LOSIS CGI:UG IS.ILLS OUT MC IS t SNa i 110 S ION I lam I SO TCLL.OUTnuN WM IANOSCSCONCI.LTi' .Vl I4r.p s 4r1 1 IS St I :.II41 t AM s .141 4 LIN1 s I,LaN BASE BID TOTAL S 47.70.00 S 75.057.EG S 3252100 3 !L107A0 S 10.530St S 10200.00 III OC CSC SO4W4.,.0'10'*Mt) RS ST I Na S 74,8510 L 7L11 S 4107K17 1 11ta r 10.1N1 1 COI t 44A1N L 1CS S MSS S LIM S 114100111 - tI en IONC ILLW551=en<rwon 1.1113 ST I u1 S IJILtl1 I TLa I IN5Na r 101 4 Imams S 71.0I I MOM S SS S HA4Ae I ISM I MSS ADDITIVE BID TOTAL s 187.70300 3 102-4.00 S 1:33.J20.01 S I6330S00 S 231.I33.76 S Di.:00.00 j BASE BID TOTAL*ADDITIVE BID ITEM 531.600E(5'WIDE CONCRETE SIDEWALK) S 141.88100 S 130,11L00 S 17S.554.00 S 161.1000 S 105A10.01 S TELBG3AO BASE BID TOTAL-ADDITIVE ETD ITEM S31-6003(11'WIDE CONCRETE SIDEWALK) S 133,54.00 S 174,007.00 S I.D.424.00 S 110,452.00 S 30.103.R S 20,41100 • EXHIBIT"A" C BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: April 18, 2023 REQUESTED ACTION: Council consider a resolution approving the purchase of Self Contained Breathing Apparatus (SCBA) for use by the Fire Department. BACKGROUND The Self Contained Breathing Apparatus (SCBA) was budgeted and will be purchased from Municipal Emergency Services, Inc., in the amount of$138,679.33. The Fire Department must periodically replace old and/or defective SCBA units and related material. The units provide breathing air to firefighters while engaged in firefighting activities. Pricing for the equipment was obtained through the Houston-Galveston Area Council (H-GAC) purchasing cooperative, which provides cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with State of Texas procurement statues. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of Self-Contained Breathing Apparatus (SCBA) with Face Masks for use by the Fire Department from Municipal Emergency Services, Inc., of Houston, Texas, in the amount of$138,679.33 through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program. 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 18th day of April, 2023. - Mayor Robin Mouton - 4{[ 4 Quote KAES Quote# QT1683959 Date 03/28/2023 Expires 04/1212023 MUNICIPAL EMERGENCY SERVICES Sales Rep Reed,Ethan (877)637-3473 PO# Christian Singler Shipping Method FedEx Ground Customer BEAUMONT FIRE DEPARTMENT(TX)* Customer# C32174 Bill To Ship To BEAUMONT,CITY OF Chief Bourgeois ACCOUNTS PAYABLE BEAUMONT FIRE DEPARTMENT P.O.BOX 3827 400 WALNUT STREET BEAUMONT TX 77704 BEAUMONT TX 77701 United States United States lit-Tii ':Yip,It 111.,: td,of. 1%t:sa:!!I,iii>>e ! or.!n Hilo I!' . 0,(.111111 X8814025005A04 Standard Belt with No Accessory Pouch,E-Z Flo+ 14 $7,305.77 5102,280.78 Regulator with Quick Disconnect Hose(Rectus-type fittings),No EBSS Accessory Hose,No Airline Connection,No Spare Harness Kit,SEMS II Pro,No Case,Packaged 2 SCBA Per Box 804722-01 CYL&VLV ASSY,CARB,45MIN,4500 20 $1,386.79 $27,735.80 SCBA Flow Test SCBA Flow Test 14 $0.00 $0.00 201215-01 AV 3000 HT(S),KVLR 5 $346.51 $1,732.55 201215-03 AV-3000 HT(L),KVLR 15 5346.51 $5,197.65 201215-02 AV-3000 HT(M),KVLR 5 $346.51 $1,732.55 Subtotal $138,679.33 HGAC Contract EE08-19 Shipping Cost $0.00 Tax Total $0.00 Total $138,679.33 This Quotation is subject to any applicable sales tax and shipping&handling charges that may apply.Tax and shipping charges are considered estimated and will be recalculated at the time of shipment to ensure they take into account the most current information. All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee. Custom orders are not returnable.Effective tax rate will be applicable at the time of invoice. II III III IIIIIIII IIII I I IIIII I III EXHIBIT"A" Page 1 of 1 QT1683959 D BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: April 18, 2023 REQUESTED ACTION: Council consider amending an Industrial District Agreement with Arkema. BACKGROUND On December 12, 2022, council approved an agreement with Arkema. That agreement became effective January 1, 2023. The amendment to the agreement is to add Section(d)to page 4 of the agreement. The in-lieu of tax payment is based on a ratio of 80% of property taxes due to the City as if the industry were located within the city limits in 2023 through 2025 and 75%of property taxes due to the City in 2026 through 2029. The 2023 payment will be calculated based on 80% of the assessed value multiplied by the tax rate effective on October 1, 2022, or $0.695 per$100 of assessed valuation. Payments will be due to the City by February 1st of each year. A copy of the agreement is attached for your review. FUNDING SOURCE $660,937 was received in February of 2023. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on December 12, 2022, Council approved an Agreement with Arkema which became effective January 1, 2023; and, WHEREAS, an amendment to the Agreement is required to add Section (d) to page 4, the in-lieu of tax payment is based on a ratio of 80% of property taxes due to the City as if the industry were located within the city limits in 2023 through 2025 and 75% of property taxes due to the City in 2026 through 2029; and, 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 Manager be and he is hereby authorized to execute the amendment to the Industrial District Agreement with Arkema Inc. The Agreement is substantially in the form attached hereto as Exhibit "A," and made a part hereof for all purposes. 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 18th day of April, 2023. - Mayor Robin Mouton - THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This Agreement is made under the authority of Section 42.044 of the Texas Local Government Code. The parties to the Agreement are The City of Beaumont, a municipal corporation and a home-rule city located in Jefferson County, Texas, hereinafter called "CITY," and Arkema Inc., its parent, subsidiaries and affiliates,hereinafter called "COMPANY." PREAMBLE WHEREAS, Company owns land and improvements which are a part of the manufacturing, industrial, and refining facilities of said Company. The City has established an industrial district comprising a certain part of the extra-territorial jurisdiction of the City, such industrial district being known as the City of Beaumont Industrial District. WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to contribute to the revenue needs of said City in an amount commensurate with the burdens placed upon the City and benefits derived by the Company by reason of being located immediately adjacent to said City. WHEREAS, the Company and the City desire to base the industrial district payment on Assessed Value(as defined in Article I, Section 2 hereof)to ensure equity among the companies located within the City of Beaumont Industrial District. In view of the above and foregoing reasons,and in consideration of the mutual agreements herein contained,Company and City hereby agree as follows: 1 EXHIBIT"A" ARTICLE I COMPANY'S OBLIGATION Annual Payment on Company's Property 1. Commencing with the calendar year 2023 and each calendar year thereafter for the duration of this Agreement, the Company will pay the City a certain sum which will be computed on the Assessed Value of the Company's facilities and property, real, personal, and mixed • located having taxable situs within the City of Beaumont Industrial District. (Herein "the Properties"). 2. By the term"Assessed Value"is meant the 100%valuation of the Company Properties, as determined by the Jefferson Central Appraisal District for the previous tax year. 3. The term"assumed City taxes due" shall be calculated by the following formula: Assumed City Taxes Due: Assessed Value/ 100 X Current City Tax Rate=Assumed City Tax Due 4. Payment Procedures The procedures for determining and making such payments shall be as follows: (a) The payment for 2023 shall be due and payable on or before February 1,2023,and calculated as follows: Assumed City Taxes Due: Assessed Value/ 100 X Current City Tax Rate=Assumed City Tax Due Year 1 80%of Assumed City Taxes Due=2023 Payment L Each October thereafter, the Chief Financial Officer shall obtain the most recent Assessed Values as set by the Jefferson Central Appraisal District for the Company's properties, real, personal and mixed, having taxable situs within the City of Beaumont Industrial District; for example, in October, 2022, the 2022 Assessed Values shall be used for the February 1, 2023 payment. This Assessed Value shall be used in the calculation of the payment. If the Assessed Values for the period required are in question and/or under litigation with the Jefferson Central Appraisal District, payment shall be computed on the most recent certified values from the Jefferson Central Appraisal District. The Company shall notify the City following resolution of the appraised value question and an adjustment for the payment,without interest,will be made within thirty(30)days following such resolution. (b) After the Assessed Value of the Company's properties has been determined, the payments due hereunder shall be calculated in accordance with the following schedule: The 2023-2025 payment shall be 80% of assumed City taxes due, except that the amount may not be more than 10%more or less than the prior year payment. The 2026-2029 payment shall be 75% of assumed City taxes due, except that the amount may not be more than 7%more or less than the prior year payment. (c) City hereby agrees to bill Company for its payments due hereunder on or before January 1 each year. Company shall pay to City the amount billed on or before February 1 each year. Upon receiving the final payment, the Chief Financial Officer shall issue an official receipt of said City acknowledging full, timely, final, and complete payment due by said Company to City for the property involved in this Agreement for the year in which such payment is made. If payment is not made on or before any due date, the same penalties, interest, attorneys' fees and costs of collection shall be recoverable by the City as would be collectible in the case of delinquent 3 ad valorem taxes. Further, if payment is not timely made, all payments which otherwise would have been paid to the City had Company been in the City Iimits of City will be recaptured and paid to the City within 60 days of any such event. (d)Novus leases land from Company for its interest in improvements made prior to 2008. The value of Novus assets will be subject to provisions of the Agreement. No separate agreement for Novus will be executed. ARTICLE II PROPERTY COVERED BY AGREEMENT This instrument will reflect the intention of the parties hereto that this instrument shall govern and affect the properties of Company (facilities, real, personal, and mixed) located on Company's real property as shown on the records of the Jefferson Central Appraisal District,which are within the extra-territorial jurisdiction of the City of Beaumont. On or before May 1 of each year during the term of this Agreement, the Property Owner shall furnish to the City a written report listing the names and addresses of all persons and entities who store any tangible personal property on the land in the Affected Area with the Property Owner and are in the possession or under the management of Property Owner on January I of such year, and further giving a description of such tangible personal property. The Property Owner shall file all reports required by the chief appraiser of the Jefferson Central Appraisal District under Section 22.04 of the Texas Property Tax Code relating to (i) third parties' property that is in the Affected Area and in the Property Owner's possession or under the Property Owner's management by bailment, lease, consignment, or other arrangement, and (ii) storage space leased or otherwise provided to third parties for storage of personal property in the Affected Area. { 4 Ii • • ARTICLE III SALE BY COMPANY • Company shall notify City of any sale of any or all of Company's facilities to any person or entity. It is the intent of the parties that no sale of any of Company's facilities will affect the amount to be paid to the City as provided under this Agreement. Accordingly,and as to payments due under this Agreement no such sale shall reduce the amount due the City under this Agreement until the purchaser of such facility has entered into a contract in lieu of taxes with the City that provides for a continuation of like payments to the City. ARTICLE IV CITY'S OBLIGATIONS 1. City agrees that it will not annex,attempt to annex or in any way cause or permit to be annexed any portion of lands or facilities or properties of said Company covered by this Agreement for the period of the agreement except as follows: (a) If the City determines that annexation of all or any part of the properties covered by this Agreement belonging to said Company is reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City,the City will notify Company in accordance with State law of the proposed annexation. In the event of such annexation,Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation with respect to the property so annexed but shall nevertheless be obligated to make full payment for the year during which such annexation become effective if the annexation becomes effective after January 1st of said year. (b) In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as to include within its limits any land which is the subject matter of this Agreement,City shall,with the approval of Company,seek 5 immediate legal relief against any such attempted annexation or incorporation and shall take such • other legal steps as may be necessary or advisable under the circumstances with all cost of such action being borne equally by the City and by the said Company or companies within the City of Beaumont Industrial District with the Company's portion allocated on the basis of Assessed Values. 2. The City further agrees that during the term of this Agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment,or(c)attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof. 3. It is understood and agreed that during the term of this Agreement or any renewals thereof, the City shall not be required to furnish any municipal services to Company's property located within the City of Beaumont Industrial District;provided,however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. ARTICLE V TERMINATION OF BREACH It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the parties and that,therefore,in addition to any action at law for damages which either party may have,Company shall be entitled to enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled to obtain such other equitable relief,including specific performance of the Agreement,as is necessary to enforce 6 its rights. It is further agreed that should this Agreement be breached by Company,the City shall be entitled,in addition to any action at law for damages,to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. ARTICLE VI AFFILIATES The benefits accruing to Arkema Inc.under this Agreement shall also extend to Arkema Inc.'s "parent", subsidiaries, "affiliates" and to any properties owned or acquired by said parent, subsidiaries, and affiliates within the extraterritorial jurisdiction, and where reference is made herein to land, property and improvements owned by Arkema Inc. that shall also include land, property and improvements owned by its parent, subsidiaries, and/or affiliates. The word "affiliates" as used herein shall mean all companies with respect to which Company directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise the control over fifty percent(50%) or more of the stock having the right to vote for the election of directors. The word"parent" as used herein shall mean that company which directly at the time in question owns or has the power to exercise control over fifty percent (50%) of the stock having the right to vote for the election of directors of Company. ARTICLE VII ASSIGNMENT Company may assign this Agreement to any entity succeeding to the ownership of its properties covered by this Agreement after providing written notice to the City. It is specifically agreed by the City that the covenants,promises,and guarantees of the City made to Company in this Agreement extend to its respective successors and assigns and to all of the manufacturing facilities/lands included within the area described throughout the entire term of 7 this Agreement notwithstanding the fact that the legal title to such lands or properties may pass, • in whole or in part,to successors or assigns during the term of this agreement. ARTICLE VIII TERM OF AGREEMENT The term of this Agreement shall be for Seven(7)years,commencing January 1,2023,and ending on December 31, 2029. ARTICLE IX NOTICES Any notice provided for in this Agreement,or which may otherwise be required by law shall be given in writing to the parties hereto by Certified Mail addressed as follows: TO CITY TO COMPANY City Manager Arkema Inc. City of Beaumont Plant Manager 801 Main P.O.Box 1427 P. O. Box 3827 Beaumont,Texas 77704 Beaumont,Texas 77704 And Katie Rasmussen Tax Director Arkema Inc. 900 First Avenue King of Prussia, PA 19406 Phone: (610) 205-7656 Email: katie.rasmussen@arkema.com With copy to: Chief Financial Officer Jeffrey Moore,Principal City of Beaumont Ryan,LLC P.O.Box 3827 100 Congress Ave,Ste 1900 `_. Beaumont,Texas 77704 Houston,Texas 78701 8 ARTICLE X CONTINUATION If this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not affect the right of City to any payment made or accruing to City hereunder prior to such adjudication, and this provision is intended to be an independent and separable provision not to be affected by such adjudication. 9 IN WITNESS THEREOF,this Agreement,consisting of 10 pages is executed in duplicate counterparts as of this day of CITY OF BEAUMONT,TEXAS By: • Kenneth R. Williams City Manager ATTEST: Tina Broussard City Clerk Arkema Inc. By: Katie Rasmussen Assistant Treasurer ATTEST: io ADDENDUM FOR ABATEMENT AND ADDITIONAL PAYMENTS 1. The abatement and payment provisions below shall apply if Arkema starts construction of an expansion project known as Project Strawberry. The payment set out hereunder shall not be due and payable by Arkema in the event Project Strawberry does not go forward or does not reach operational status. (a) Project Strawberry expansion investment estimated at a value of$115 million. All new construction and equipment related to this project will receive a six (6) year tax abatement at one hundred percent(100%) for tax years 2026-2027; ninety percent (90%) for tax years 2028-2029; and seventy percent (70%) for tax years 2030-2031. For consideration of the abatement, the City would receive an additional payment of$75,000 in years 2024 and 2025. These payments would be above and beyond the payment made for existing facilities. It is specifically understood and agreed by Arkema, if at any time during the effective dates of an agreement relating to abatement, Arkema (owner) files or prosecutes an action to contest the appraised value of any property of the owner or owner's affiliates within the City's ETJ for unequal appraisal or revision thereof pursuant to Sec. 42.26, Texas Tax Code, any and all abatements granted by City to Owner or its affiliates shall become null and void and canceled. Any approved abatements that go beyond calendar year 2029 shall be extended or included in the subsequent Industrial District Agreement. u E BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Kenneth Coleman, Health Director MEETING DATE: April 18, 2023 REQUESTED ACTION: Council consider a resolution approving the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) in the amount of$150,053.00 awarded to the Beaumont Public Health Department. BACKGROUND The Texas Department of State Health Services has awarded the Beaumont Public Health Department a Public Health Emergency Preparedness (PHEP) grant in the amount of 150,053.00. In cooperation with the Centers for Disease Control,this funding will assist the Beaumont Public Health Department's Public Health Emergency Preparedness Division with planning and performing activities and services that will improve and strengthen the local public health infrastructure within the State of Texas. This contract will begin on 07/01/2023 and end on 06/30/2024. FUNDING SOURCE There is a 10%match which finance has approved. General Fund-Public Health RECOMMENDATION Approval of the resolution RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager or his designee be, and they are hereby authorized to execute all documents necessary to accept funding in the amount of $150,053.00 from the Texas Department of State Health Services (DSHS) for the Public Health Emergency Preparedness (PHEP) grant to assist with planning and performing activities and services to improve and strengthen the local public health infrastructure within the State of Texas. 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 18th day of April, 2023. - Mayor Robin Mouton - F BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Kenneth Coleman, Public Health Director MEETING DATE: April 18, 2023 REQUESTED ACTION: Council consider a resolution approving the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) in the • amount of$48,622.00 awarded to the Beaumont Public Health Department. BACKGROUND The Texas Department of State Health Services has awarded the Beaumont Public Health Department funding for Tuberculosis Prevention and Control in the amount of$48,622.00. This funding will assist Beaumont Public Health Department with operating a clinical program to prevent and control Tuberculosis. This contract will begin 09/01/2023 and end on 08/31/2024. FUNDING SOURCE There is a 20%match which finance has approved. General Fund-Public Health RECOMMENDATION Approval of the resolution RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager or his designee be, and they are hereby authorized to execute all documents necessary to accept funding in the amount of$48,622.00 from the Texas Department of State Health Services (DSHS) for Tuberculosis Prevention and Control. 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 18th day of April, 2023. - Mayor Robin Mouton - G BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: April 18, 2023 REQUESTED ACTION: Council consider a resolution to authorize the City Manager or his designee to apply for and receive funding in an amount up to $70,000 through the U.S. Department of Justice Project Safe Neighborhoods Block Grant Program(PSN). BACKGROUND The Beaumont Police Department is currently sponsoring a coordinated effort to reduce violent crime with the US Attorney's Office, Jefferson County District Attorney's Office, Department of Public Safety and federal partners. The Project Safe Neighborhood Block Grant Program(PSN) is established by the U.S. Department of Justice, Bureau of Justice Assistance to benefit neighborhood safety, and support reduction of violent crime. This PSN grant application requests overtime costs in the amount not to exceed$70,000. Personnel costs will allow the dedication of time for personnel to gather evidence and analyze data on violent offenders, with emphasis on repeat offenders and identifying locations with a propensity for violent crime. FUNDING SOURCE No local match is required. RECOMMENDATION Approval of the 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 apply for and receive grant funds in the amount of $70,000.00 through the U.S. Department of Justice Project Safe Neighborhoods Block Grant Program (PSN). 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 18th day of April, 2023. - Mayor Robin Mouton - H BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: April 18, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into an agreement with Capital Edge of Washington D.C. to provide federal advocacy and advising consulting services. BACKGROUND Capital Edge of Washington D.C. has provided federal advocacy and advising consulting services to the City of Beaumont since 1981. Their responsibilities include serving as a liaison to the City's federal congressional delegation, alerting the City to federal funding opportunities, advocating for and against federal regulations that may impact the City,and working with national organizations such as the National League of Cities and the U.S. Conference of Mayors to ensure that Beaumont's priorities are considered during the crafting of policy and law. Costs for the services are to be$68,400 for twelve months of the agreement,along with an amount for expenses not to exceed$4,000. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the 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 a contract with Capital Edge of Washington, D.C., in the amount of $68,400.00 for twelve (12) months, along with an amount for expenses not to exceed $4,000.00, to provide Federal Advocacy and advising consulting services. 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 18th day of April, 2023. - Mayor Robin Mouton - Ca p Edgeital January 24, 2023 Mr. Kenneth R. Williams City Manager P.O. Box 3827 Beaumont,TX 77704 Dear Mr.Williams: Please consider this a formal request for a twelve-month renewal of our contract with the City for federal lobbying and information services. Our current agreement expired on December 31, 2022, and we do not seek any changes. By way of background,our firm has been providing federal advocacy services to the City of Beaumont since 1981.At the direction of the City Manager, some of the duties in which we are involved include: • Acting as a liaison to the City's congressional delegation, • Alerting the city to opportunities and help secure federal funding for local projects, • Advocating for or against federal legislation that would have an impact on the City, • Seeking relief from federal regulations that may impact the City, and • Working with national local government organizations such as the National League of Cities and U.S. Conference of Mayors to ensure that Beaumont priorities are heard when they craft policies. As you know,the last two years have resulted in significant amounts of federal spending in areas such as pandemic relief, infrastructure, and tax policies related to energy production, to name a few. For local governments such as Beaumont,the great majority of these opportunities are through competitive grants,and we would like to continue working with the City to identify the prospects that can make the best use of city staff time and leverage local efforts and resources. Specifically,we know that revitalization of downtown Beaumont is a priority for you and the Mayor and City Council, and we continue to seek funding and other resources to assist in that effort.While not directly a City project,we also know that the economic impact of the deepening of the Sabine-Neches ship channel can be significant in Beaumont, and as one of the larger federal efforts in the region,we stand ready to assist with prioritizing that project with Army Corps of Engineers. • 1212 New York Ave., NW Suite 250 Washington, DC 20005 202 842 5430 202.842.5051 fax www.capitaledge.com EXHIBIT"A" It has always been a pleasure to serve the City of Beaumont in Washington, and I am grateful for the guidance of City staff and the Mayor and City Council that guides our work. I look forward to discussing your vision for the City's relationship with the federal government and meeting you in person soon. Please feel free to contact me at your convenience at(202) 841-0287 or giglio@capitaledge.com with any questions you may have about our services. Sincerely, Christopher F. Giglio President 2 AGREEMENT BETWEEN THE CITY OF BEAUMONT,TEXAS AND CAPITAL EDGE ADVOCACY,INC. 1212 NEW YORK AVENUE,NW- SUITE 250 WASHINGTON,D.C. 20005-3953 Pursuant to this agreement, the City of Beaumont, Texas (hereinafter sometimes referred to as the "City") and Capital Edge Advocacy, Inc. (hereinafter sometimes referred to as "Consultant") agree to assume the following obligations. I. Obligations of Consultant A. Consultant will organize and operate a unit to act as a Washington office for the City and will be the assigned member of its staff. Consultant will be responsible for obtaining and furnishing requisite staff, office space, utilities, furnishings, and equipment, common-use office supplies and services, and general administrative support according to the level of service specified in Paragraph IV; B. Consultant will confer with the City Manager and such other City personnel as the City Manager may designate at the times and places mutually agreed to by the City Manager on all organizational planning and program activities which have a bearing on the ability of the City to make the best use of federal aid programs;and will act as Washington Assistant to the City of Beaumont,Texas; C. As Washington Assistant the Consultant will review federal executive proposals,legislation under consideration,proposed and adopted administrative rules and regulations and other Washington developments for the purpose of advising the City of those items which may have a beating on City policy or programs; D. More specifically,as Washington Assistant the Consultant will advise and consult on behalf of the City with the White House and any other Federal agencies,departments and commissions as may be necessary to the performance of full Washington service to the City Manager and the City. Additionally, the Consultant will act as liaison with the U.S. Conference of Mayors and the National League of Cities, and will furnish legislative and administrative analyses of issues as requested; 1 E. As Washington Assistant the Consultant will secure and furnish such detailed information as may be available on federal programs in which the City indicates an interest; F. As Washington Assistant the Consultant will review and comment on proposals of the City which are being prepared • for submission to federal agencies when requested to do so by the City Manager or his designees; G. As Washington Assistant the Consultant will maintain liaison with the City's Congressional delegation and will assist the delegation in any matter which the City determines to be in its best interest in the same manner as any other member of the City's administrative staff might render assistance; H. As Washington Assistant the Consultant will counsel with the City regarding appearances by City personnel before Congressional committees and administrative agencies and will arrange for appointments and accommodations for City personnel as necessary; As Washington Assistant the Consultant will contact federal agencies on the City's behalf when City applications ate under consideration by such agencies and counsel the City to take whatever steps appear to be required to obtain the most favorable consideration of such applications; J. As Washington Assistant the Consultant will advise and consult with or otherwise make assistance available to such representatives of the private sector who are engaged in economic development activities as determined by the City Manager to be in the best interests of the City; K. In fulfilling her responsibilities under this Agreement, the Washington Assistant will act in the name of the City of Beaumont,Texas under the supervision of the City Manager. Any change in the person of the Washington Assistant from the person representing the City as of the effective date of this agreement must be approved by the City Manager. IL Obligations of the City of Beaumont, Texas A. To advise the Consultant of the name or names of persons other than the City Manager authorized to request service and the person or persons to be kept advised by the Washington Assistant; 2 B. To supply the Consultant with a summary of all federal programs in which the City is participating and advise the Consultant of any new applications filed, together with pertinent details as to the substance of such applications; C. To supply the Consultant with copies of budgets, planning documents, and regular reports of the City Manager and departments, Council agenda and proceedings, newspapers and other materials which will assist the Consultant in keeping current on City policies and programs; D. To reimburse the Consultant for expenses incurred on behalf of the City pursuant to the duties of Paragraph I as approved by the City Manager subject to the provisions of Paragraph IV; III. The City of Beaumont, Texas and the Consultant concur that the following exclusions shall apply to this Agreement; A. The Conrsultant. 1. Will not represent commercial or industrial establishments of the City in pursuit of federal business except in accordance with the provisions of Paragraph I, Subparagraph J,above; 2. Will not, by virtue of this Agreement, represent other local government agencies in Beaumont,Texas except those which are instrumentalities or agencies of the City of Beaumont, Texas; 3. Will not perform any legal, engineering, accounting or other similar professional service; 4. Will not directly or indirectly participate in or intervene in any political campaign on behalf of or in opposition to any candidate for public office in or representing the City. IV. Compensation The cost of service will be$68,400.00 for twelve months,payable in advance,in equal monthly installments of$5,700.00 commencing on the first day of January 2023. In addition, a maximum of$4,000.00 for reimbursable expenses incurred pursuant to Paragraph II,Subparagraph D. 3 V. Termination Either party may terminate this Agreement at any time by giving the other at least sixty (60) days'notice in writing of such termination. IN WITNESS WHEREOF: ATTEST DATE Christopher F. Giglio, Capital Edge Advocacy,Inc. Kenneth R.Williams,City Manager 4 I BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Paul Eddy, Library Director MEETING DATE: April 18, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and receive grant funds from the Foundation for Southeast Texas, HEB, and Entergy, for the Annual Summer Reading Program. BACKGROUND The Summer Reading Program is an annual event that the Beaumont Public Libraries has presented to the community for many years. The goal of this service is to provide opportunities for children and teens to continue to learn and to read throughout the summer. Each year, Library Administration requests funding from local stake holders to enhance the scope of this program. This year we are requesting funds from Entergy, HEB, and The Foundation for Southeast Texas for a total of$7,500.00 FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the 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 apply for and receive grant funds in the amount of $7,500.00 from the Foundation for Southeast Texas, HEB, and Entergy, for the Annual Summer Reading Program. 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 18th day of April, 2023. - Mayor Robin Mouton - 1 April 18, 2023 Consider awarding multiple contracts for the purchase of inventory materials to be used in the Water Utilities Department. BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: April 18, 2023 REQUESTED ACTION: Council consider a resolution awarding multiple contracts for the purchase of inventory materials to be used in the Water Utilities Department. BACKGROUND The City maintains an annual contract for couplings,pipe fittings, valves, fire hydrants and other related materials for use by the Water Utilities Department. The materials are used in the repair and maintenance of existing water and sewer lines and installation of new service lines. Specifications required bidders to submit pricing for 177-line items with an estimated annual usage, separated into fifteen(15) specific sections. Bids were evaluated upon the lowest total price per section on an all or none basis and which provides the best value to the City. Only bidders providing pricing for every item within each section were considered and only items that met specifications and requirements were awarded. Pricing is to remain firm for the term of the one-year contract. Specifications also required all bids involving brass materials to be quoted with items that are certified NSF6 lead-free compliant and are of domestic (USA)manufacture. Bids were requested from ten vendors and three responses were received. The administration recommends award of sections 1,2,3,4,5,6,7,9,11,12,13,and 15 to Core&Main of Beaumont at an estimated cost of$2,115,863.90, sections 10 and 14 to Coburn's of Beaumont at an estimated cost of$91,451.20, and section 8 to Rural Pipe & Supply of Jasper with an estimated cost of$36,695. The total estimated contract value of$2,244,010.10 represents a 16% increase from current contract. Bid tabulation is attached. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, bids were solicited for three (3), one (1) year contracts for the purchase of inventory materials to be used by the Water Utilities Department; and, WHEREAS, Core & Main, of Beaumont, Texas submitted a bid in the amount of $2,115,863.90 for Sections 1,2,3,4,5,6,7,9,11,12,13, and 15; and, WHEREAS, Coburn's of Beaumont, Texas submitted a bid in the amount of $91,451.20 for Sections 10 and 14; and, WHEREAS, Rural Pipe & Supply of Jasper, Texas submitted a bid in the amount of $36,695.00 for Section 8; and, WHEREAS, City Council is of the opinion that the bids submitted by Core & Main of Beaumont, Texas, Coburn's of Beaumont, Texas, and Rural Pipe & Supply of Jasper, Texas, in the total amount of$2,244,010.10 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 bids submitted by Core and Main of Beaumont, Texas, Coburn's of Beaumont, Texas, and Rural Pipe & Supply of Jasper, Texas, in the amount of $2,244,010.10 for the purchase of inventory materials for use by the Water Utilities • Department 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 Core & Main of Beaumont, Texas, Coburn's of Beaumont, Texas, and Rural Pipe & Supply of Jasper, 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 18th day of April, 2023. - Mayor Robin Mouton - CITY OF BEAUMONT, BEAUMONT,TEXAS PURCHASING DIVISION BID TABULATION BEAUMONT TEXAS Bid Name: ANNUAL CONTRACT FOR WATER DEPT. INVENTORY MATERIALS Bid Number: TF0123-12 Contact Person: TERRY WELCH, PURCHASING MANAGER Terry.welch@beaumonttexas.gov Phone: 409-880-3107 Core&Main Coburn's Rural Pipe&Supply SECTION/DESRIPTION Beaumont,Tx Beaumont,Tx Jasper,Tx SECTION-1 VALVE&METER BOXES $317,867 NON RESPOSIVE $323,504 SECTION-2 FIRE HYDRANTS&COMPONENTS $522,917.95 NO BID NON RESPONSIVE SECTION-3 MECHANICAL JOINT RESTRAINER $63,841.50 $65,245.50 NO BID SECTION-4 MANHOLES&COMPONENTS $130,727.10 $667,887.80 NON RESPONSIVE SECTION-5 BRONZE SERVICE SADDLES $32,659.10 NON RESPONSIVE NON RESPONSIVE SECTION-6 COUPLINGS $77,727.90 $77,957 $105,323.40 SECTION-7 CLAMPS $155,877 $161,728.70 NON RESPONSIVE SECTION-8 MECHANICALJOINT FITTINGS $37,752.95 $38,815.30 $36,695 SECTION-9 TAPPING SLEEVES $15,645.10 $16,777.40 $19,980 SECTION-10 BRASS PIPE FITTINGS $93,961.40 $88,536.20 NO BID SECTION-11 BRASS VALVES $418,169.50 NO BID NON RESPONSIVE SECTION-12 VALVES(DUCTILE IRON) $229,445.10 NO BID NO BID SECTION-13 WATER METERS&COMPONENTS $105,311 NO BID NON RESPONSIVE SECTION-14 POLYETHYLENE TUBING $3,010 $2,915 NO BID SECTION-15 POLY PIPE MATERIALS $45,675.65 NO BID NON RESPONSIVE - TOTAL AWARD: $2,115,863.90 $ 91,451.20 $36,695. NON RESPONSIVE-Bidder did not bid entire section as required to be awarded. Bidder Sections in BOLD and Hi lite denote Awarded Section. EXHIBIT"A" 2 April 18, 2023 Consider authorizing the City Manager to award a contract to Texas Drainage, Inc., of Waller, for the FY23 Citywide Ditching Program Phase 1 B. BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: April 18, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to Texas Drainage, Inc., of Waller, for the FY23 Citywide Ditching Program Phase 1B. BACKGROUND The FY23 Citywide Ditching Program Phase 1B consists of the excavation and removal of excess material of approximately 148,107 linear feet of existing roadside ditches. The program also provides for the replacement of 213 driveway culverts. The work for this phase is to take place in the designated areas of Wards 1 and 4. On April 6, 2023,two (2)bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate is $1,573,731.00. The bid totals are indicated in the table below: Contractor Location Base Bid Amount Texas Drainage, Inc. Waller, TX $1,389,945.66 BDS Constructors LLC dba MK Constructors Vidor, TX $1,893,681.98 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, Texas Drainage, Inc., in the amount of$1,389,945.66. A total of 200 calendar days are allocated for completion of the project. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, bids were solicited for the furnishing of all labor, materials, and equipment for the FY23 Citywide Ditching Program Phase 1 B project; and, WHEREAS, Texas Drainage, of Waller, Texas submitted a bid in the amount of 1,389,945.66; and, WHEREAS, City Council is of the opinion that the bid submitted by Texas Drainage, of Waller, Texas in the amount of$1,389,945,66 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 Texas Drainage, of Waller, Texas in the amount of $1,389,945.66 for the furnishing of all labor, materials, and equipment for the FY23 Citywide Ditching Program Phase 1 B project 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 Texas Drainage, of Waller, 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. 1 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of April, 2023. - Mayor Robin Mouton - 4 { tt tS 1 tE BID TABULATION FY23 CITYWIDE DITCHING PROGRAM PHASE 1B BID NUMBER:PW0123-07 BID OPENING DATE:THURSDAY,APRIL 6,2023 The Bid Proposals submitted have been reviewed and to the best of my knowledge this is an accurate tabulation of the bids received. i St lt� f+'StZt " " \A , 1 1 1 a fla3 0 AMAIJA VILLARREAL BY:AMALIA VILLARREAL,P.E.,CFM,CITY ENGINEER DATE tt `: s03ao • .7t94kF•./�SEO ' `t•. `ivai:� = BDS CONSTRUCTORS LLC TEXAS DRAINAGE,INC. DBA MK CONSTRUCTORS Item No. Item CodeDescri Estimated abry Unit Unit Price Total Unit Price Total 466 I CONCRETE HEADWALLS 2 EA S 4.000.00 S 8,000.00 S 2310.00 S 4,620.00 496 1 REMOVE STR(PIPE)(RCPX121N) 357 LF S 23.00 S 9,996.00 S 1.00 S 357.00 496 2 REMOVE STR(PIPE)(RCP)(15IN) 1,115 LF S 28.00 S 31 220.00 S 1.00 S 1,115.00 496 3 REMOVE STR(PIPE)(RCPXI81N) 786 LF S 28.00 S 2Z008.00 S 1.00 S 786.00 496 4 REMOVE STR(PIPE)(RCP)(24IN) 211 IF S 28.00 S 5,908.00 S 1.00 S 211.00 496 5 REMOVE STR(PIPE)(CPPX121N) 36 LF S 28.00 S 1.008.00 S 1.00 S 36.00 496 6 REMOVE STR(PIPE)(CPP)(15IN) 1,031 LF S n.00 S 28,868.00 S 1.00 S 1,031.00 496 7 REMOVE STR(PIPE)(CPPX181N) 463 LF S 28.00 S 12,964.00 S 1.00 5 463.00 496 8 REMOVE STR(PIPE)(CPP)(24IN) 20 LF 5 28.00 S 560.00 S 1.00 S 20.00 496 9 REMOVE STR(PIPE)(STEELX12IN) 11 IF S 23.00 S 308.00 5 1.00 S 11.00 500 I MOBILIZATION I LS S 10,500.00 S 10.500.00 S 64,334.00 S 64334.00 4122 1 THERMOPLASTIC PIPE(ADS HP STORM)(121N) 397 LF S 104.00 S 41.283.00 S 220.00 S 87,340.00 4122 2 THERMOPLASTIC PIPE(ADS HP STORM)(15IN) 2,096 LF S 111.00 S 232.656.00 S 188.00 S 394,048.00 4122 3 THERMOPLASTIC PIPE(ADS HP STORM)(18IN) 1,196 LF S 125.00 S 149,500.00 S 130.00 S 215.280.00 4122 4 THERMOPLASTIC PIPE(ADS HP STORM)(241N) 231 IF S 140.00 S 32,340.00 S 261.00 S 60,291.00 5000 I DITCH CLEANING AND RESHAPING(WARD 1) 66,726 LF S 4.4s S 291932_48 S 626 S 417.704.76 5000 2 DITCH CLEANING AND RESHAPING(WARD 4) 81,381 LF S 4.43 S 364,586.88 S 6.22 S 506.139.82 6000 1 REMOVE Ic REPLACE DRIVEWAY(CONCRETE) 232.4 SY S 240.00 S 55,776.00 S 199.00 S 46,247.60 6000 2 REMOVE&REPLACE DRIVEWAY(CONCRETEXHES) 55.9 SY S 287.00 S 16,043.30 S 211.00 S 11.794.90 - 6000 3 REMOVE&REPLACE DRIVEWAY(ASPHALT) 489.1 SY S 105.00 S 51,355.50 S 131.00 S 64,072.10 6001 I REMOVE&REPLACE DRIVEWAY(GRAVEL) 112.1 SY S 100.00 S 11 210.00 S 98.00 S 10,985.80 6001 2 REMOVE&REPLACE DRIVEWAY(GRASS) 140.5 SY S 35.00 S 4,917.50 S 48.00 S 6.744.00 BASE BID TOTAL S 1,389,945.66 S 1,893.681.98 EXHIBIT"A" 3 April 18, 2023 Consider authorizing the City Manager to award a contract to Viking Painting, LLC, of La Vista, NE, for the Southwest Elevated Storage Tank Rehabilitation Project. BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: April 18, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to Viking Painting, LLC, of La Vista,NE, for the Southwest Elevated Storage Tank Rehabilitation Project. BACKGROUND The Southwest Elevated Storage Tank Rehabilitation Project will provide for the rehabilitation of the one (1)million gallon elevated water storage tank located on Municipal Drive. On March 16, 2023, five (5)bids were received for furnishing all labor, materials, equipment, and structural steel repairs for the project. The Engineer's Estimate for the contract is $1,384,000.00. The bid totals are indicated in the table below: Contractor Location Total Bid Amount Viking Painting, LLC La Vista,NE $1,348,440.00 Tanksco, Inc. Fort Worth, TX $1,355,816.00 Nova Painting, LLC Humble, TX $1,387,942.00 Tank Pro, Inc. Northport,AL $1,553,866.28 M. K. Painting, Inc. Wyandotte,MI $1,733,360.00 Based on a review of the bids and required documents received, Water Utilities staff agrees with Schaumburg& Polk Inc., and recommends awarding the project to the lowest bidder,Viking Painting LLC, in the amount of$1,348,440.00. A total of 150 calendar days are allocated for substantial completion of the project. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, bids were solicited for the Southwest Elevated Storage Tank Rehabilitation Project; and, WHEREAS, Viking Painting, LLC, of La Vista, Nebraska submitted a bid of $1,348,440.00 for the rehabilitation of the one (1) million-gallon elevated water storage tank located on Municipal Drive; and, WHEREAS, City Council is of the opinion that the bid submitted by Viking Painting, LLC, 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 Viking Painting, LLC, of La Vista, Nebraska of $1,348,440.00 for the rehabilitation of the one (1) million-gallon elevated water storage tank located on Municipal Drive be accepted. 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 18th day of April, 2023. - Mayor Robin Mouton - March 24, 2023 SCHAUMBURG POLK,i„ Amalia "Molly"Villarreal, P.E. City of Beaumont City Engineer 801 Main Street Beaumont, Texas 77701 Re: City of Beaumont Southwest Elevated Storage Tank Rehabilitation Recommendation of Award Dear Ms. Villarreal, Based on a review of the bids received Thursday, March 23, 2023, and verification of the references, it is our recommendation that the above referenced project be awarded to Viking Painting, LLC. for the Base Bid Items 1 thru 19 in the amount of $1,348,440.00. See attached Bid Tabulation. Sincerely, SCHAUMBURG & P K, INC. Nestor Barrq to Project Manager 8865 College Street, Suite 100 I Beaumont, TX 77707 P: 409.866.034'1 I F: 409.866 0337 j> www.SPI-ENG.com EXHIBIT"A" BID TABULATION CITY OF BEAUMONT,TEXAS SOUTHWEST ELEVATED STORAGE TANK REHABILITATION BID No.WU0123-08 BID OPENING DATE:Thursday,March 18,202302100 PM Viking Painting LLC Tanksco,INC Nova Painting,LLC Tank Pro,Inc. M.K.Painting,Inc. Item Oty Unit Description 10905 Harrison Street 1516 Royster Road 4830 Wilson Rd.Ste 300 5500 Watermelon Road 4157 7th Street La Vista,NE 68128 Fort Worth,TX 76134 Humble,TX 77396 Northport,AL 35473 Wyandotte.MI 48192 Unit Price L Item Total Unit Price Item Total Unit Price Item Total Unit Price I Item Total Unit Price Item Total BASE BID ITEMS Mobilization cost,Including payment bond,performance bond,insurance and moving equipment to 1. 1 LS project,ail In strict accordance with plans and specifications;NOT TO EXCEED 3%OF TOTAL $33,500.00 $33,500.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $45,000,00 $45,000.00 $20,000.00 $20,000.00 PROJECT BID for, Tank Coating,Furnish all labor,materials,end equipment to blast end recoat all exterior(Three Coat Fluoropotymer Urethane),interior wet(High Build Zinc Epoxy)and interior dry(Two-component 2, 1 LS Polyamide Epoxy)surfaces Including pressure washing,shrouding,surface preparation,disinfection, $864,500.00 $864,500.00 $805,000.00 $805,000.00 $851,000.00 3851.000.00 $1.139,645.00 $1,139,645.00 $990,000.00 $990,000.00 providing and installing"Confined Space Entry'placards,all in strict accordance with the plans and specifications for 3. 3 EA Soluble Salt Tort,Exterior.Furnish all labor,materials,and equipment to conduct soluble salt tests as $1 250 00 $3,750.00 $1,500.00 $4,590.00 $2,500.00 S7,500.00 $100.00 $300.00 $2,000,00 $6,000.00 directed by the Engineer,all In strict accordance with the plans and specifications for 4. 1 LS Pressure Washing and Blasting if Soluble Test is Positive.Wash the tank and rablast the exterior of $8,700.00 $8,700.00 $36,000,00 $36,000.00 $30,000.00 $30,000.00 $8,400.00 $8,400.00 $45,000.00 $45,000.00 th the tank as directed by the Enginee,all In strict accordance withe plans and specifications for 5 3 EA Soluble Salt Test,Interior.Fumish all labor,materials,and equipment to conduct soluble salt torts as $1 250 00 $3,750.00 51,500,00 $4,500.00 $2,500.00 $7,500.00 $100.00 $300.00 $2,000.00 $6,000.00 directed by the Engineer,all in strict accordance with the plans end specifications for Pressure Washing and Blasting If Soluble Test Is Positive.Wash the tank and reblast the Interior of 6 1 LS $4,100.00 $45,000.00 $45,000.00 the tank as directed by the Engineer,all In strict accordance with the plans and specifications for $6,700.00 $6,700,00 $20,000.00 $20,000.00 $3,000.00 $3,000.00 $4,100.00 Brick Building.Furnish all labor,materials and equipment to demolish and dispose of the existing brick 7 1 LS building,including disconnecting,dlsassembing and salvaging the ex s tng header piping and $34,400.00 534,400.00 $85,000.00 $65,000.00 $55,000.00 $55,000.00 $59,166.00 $59,166.00 5150,000.00 $150,000.00 disconnecting and salvaging all electrical panels and controls inside the building and attached to the bonding,all in strict accordance with the plans and specifications for New 20"Header Piping.Furnish all labor,materials and equipment to install a new header piping 8. 1 LS Inducting DI piping,fittings,valves,pipe supports,concrete slab,excavation and backlit!.thrust blocking, $247 300.00 $247,300.00 $165,000,00 5165,000.00 $199,050,00 $199,050.00 5139.806.00 $139,806.00 $40,000.00 $40,000.00 connections to exiling watedilnes,surface preparation and coating,testing and disinfection,all in strict accordance with the plans and specifications for Electrical.Furnish all labor,materials and equipment to relocate the existing electrical panels and controls,including new galvanized steel rack,conduits and conductors,connections to equipment, 9. 1 LS lighting panel and service power,testing and startup,all in strict accordance with the plans and $39,400.00 $39,400.00 $66,000,00 $66,000.00 $50,000.00 $50,000.00 $49,680.00 $49,660.00 $75,000.00 $75,000.00 specifications for Illumination System.Furnish all labor,materials and equipment to inspect and repair the existing 10. 1 LE illumination system inside the dry riser and access tube Including replacing light bolbs as necessary. $1,100.00 $1,100.00 $6.000.00 $6,000.00 $4,000.00 $4,000,00 $2,400.00 $2,400.00 520,000.00 $20,000.00 testing conductors and connections,ell in strict accordance with the plans and specifications for Obstruction Light Furnish at labor,materials and equipment to remove and replace the existing 11. 1 LS obstruction fight including at conduits end conductors and connections the existing lighting panel,all in $12,400.00 $12,400.00 $15,000.00 $15,000.00 $6,500.00 $6,500,00 $4,800.00 $4,800.00 $15,000.00 $15,000.00 strict accordance with the plans end specifications for Roof Access Ladder.Furnish all labor,materials and equipment to remove the existing 14"wide roof 12. 1 LS access(adder and installing a new 16"wide across ladder from the balcony to the lop of the tank $16,200.00 $16,200.00 $10,000.00 $10,000.00 $17,000,00 $17,000.00 $18,440.00 $18,440.00 $6,000.00 $6,000.00 including removing and reinstating all existing safety climb devices,all in strict accordance with the plans and specifications for Roof Vent Furnish all labor,materials,and equipment to remove and replace all roof vent neck 13. 1 LS fasteners with stainless•steel bolts,nuts and washers,at In strict accordance with the plans and $7,500.00 $7,500.00 $4,000.00 $4,000.00 $10,000.00 $10,000.00 $350.60 $350.00 $4,000.00 $4,000.00 specifications for dhtid Opening Document's Pro thni Award 11t15B1d Tabulation 3240023 8:48 Ant Page 1 of 2 BID TABULATION CITY OF BEAUMONT,TEXAS SOUTHWEST ELEVATED STORAGE TANK REHABILITATION BID No.WU0123-08 BID OPENING DATE:Thursday,March 16,2023 op 2:00 PM Viking Painting LLC Tanksco,INC Nova Painting,LLC Tank Pro,Inc. M.K.Painting,Inc. Item Oty Unit Description La Harrison Street 1516 Royster Road 4830 WIson Rd.Ste 300 5500 Watermelon Road 4157 7th Street La Vista,NE 68128 Fort Worth,TX 76134 Humble,TX 77396 Northport,AL 35473 Wyandotte,MI 48192 Unit Price Item Total Unit Price item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total Coax Cable Safety Chain.Furnish all labor,materials,and equipment to remove and replace existing 14. 1 LS coax cable safety chain with a new stainless-steel chain,all in strict accordance with the plans and $900.00 $900.00 $3,000.00 $3,000.00 $5,000.00 $5,000.00 $400.00 $400.00 $7,000.00 $7,000.00 specifications for 15. 1 LS Buzzard Deterrent.Furnish all labor,materials,and equipment to install a buzzard deterrent system,all S10,000.00 $10,000.00 $4,000.00 $4,000.00 $8,000.00 $8,000.00 $1,300.00 $1,300.00 $10,000.00 $10,000.00 in strict accordance with the plans and specifications for Chain Link Fence.Furnish all labor,materials and equipment to remove and replace the existing west 16. 184 LF chain link fence and gate and Install a new chainlink fence Including a now 20ft wide double swing gate, $85.00 $15,640.00 $173.00 $31,832.00 $160.00 $29,440.00 $47.33 $8,708.72 $270.00 $49,680.00 atl in strict accordance with the plans and specifications for 17. 416 SY Construct a Now Limestone Access Road Furnish all labor,materials,and equipment to Install a new 525.00 $10,400.00 $86.50 $35,984.00 $72.00 $29,952.00 $62.91 $26,170.56 $480.00 $199,680.00 limestone access road all in strict accordance with plans and specifications for 18. 1 LS Site workFurnish all labor,materials,and equipment to provide surface restoration,including fine $7,300.00 $7,300.00 $25,000.00 $25,000.00 $30,000.00 $30,000.00 $19,900.00 $19,900.00 $20,000.00 $20,000.00 th s and secifications for grading,replacing the San Augustine sod,at in strict accordance withe planp , Miscolanoous Tank Repairs.Furnish all labor,materiels and equipment to perform all miscellaneous 19. 1 ALLOW repairs to the tank,as approved by the Engineer and Owno.all in strict accordance with the plans and $25,000.00 S25,000.00 $25,000.00 $25,030.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 specifications for BASE BID TOTAL $1,348,440.00 $1,355,816.00 $1,397,942.00 $1,553,866.28 $1,733,360.00 Aknowedge Addendum No.1 ✓ ✓ I I Required Forms Checklist ✓ I ✓ I I Bid ✓ ✓ ✓ ✓ ✓ Bid Schedule ✓ ✓ ✓ ✓ ✓ Bid Summary ✓ I ✓ ✓ ✓ Corporate Resolution ✓ X ✓ I ✓ Bid Bond ✓ ✓ ✓ ✓ ✓ Information Required of Bidder ✓ ✓ ✓ I ✓ Conflict of Interest Questionnaire I ✓ ✓ ✓ I Statement of City Charter Provision of Conflict of Interest ✓ X I ✓ I Insurance Requirement Affidavit ✓ ✓ ✓ ✓ ✓ MBE Schedule C ✓ ✓ ✓ ✓ ✓ House Bill 89(HE 89)Verification ✓ ✓ I ✓ ✓ NACE Inspector Information Form ✓ x I ✓ ✓ The Bid Proposals submitted have boon reviewed,and to the bast of my knowtodgo this is on accurate tabulation of the Bids rocolrod. •"'oF'0s ..J.*: :s e r JEFFREY G.BEAVER o fill. 60676 ., df:01d Opening Documents Pm thru Award t t e501d Tabulation 1 .4.1 " 3/24/2023 8:48 AM Pogo 2 4 April 18, 2023 Consider supporting an application for a State Historical Designation, for the George O'Brien Millard statue located at 500 Main Street. BEAUMON Nr, TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager tS 3 PREPARED BY: Chris Boone,Assistant City Manager, Community Services MEETING DATE: April 18, 2023 REQUESTED ACTION: Council consider a resolution to support an application for a State Historical Designation,for the George O'Brien Millard statue located at 500 Main Street. BACKGROUND City of Beaumont, along with the Jefferson County Historical Commission are seeking support of an application for a State Historical designation marker to be placed with the George O'Brien Millard statue at 500 Main Street.The City owns the land on which the statue of Mr.Millard stands and leases the property to the Art Museum of Southeast Texas. The marker would be placed aside the statue,providing a history of Mr. Millard and his importance to the growth of the City of Beaumont's education system. Originally unveiled in front of Millard Elementary school in 1912,the statue cast in bronze stood at seven(7') feet tall and was crafted by Pompeo Coppini just two (2)years after Millard's death. In 1964 The Junior league of Beaumont had the statue moved to Pipkin Park for its proximity to the Millard family home after the closure of the school.In 1999,an art conservation group cleaned and made small repairs to the statue. In 2010 artist Ron Petitt, who completely restored the statue recommended relocating it from Pipkin Park to a more visible location. At a Public Hearing held on April 10,2023,the Historic Landmark Commission recommended 8:0 to approve the request to support the application for a State Historical Designation. FUNDING SOURCE None required RECOMMENDATION Approval of the resolution. LEGAL DESCRIPTION FOR RESOLUTION PURPOSES Being Lots 73-84, Blocks 13 and 14, Tract B including abandoned Farming right-of-way, Beaumont Addition, Jefferson County, Texas, 2.276 acres, more or less. 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 support an application for a State Historical Designation, which will provide the history for the George O'Brien Millard statue located at 500 Main Street, in Beaumont, Texas. 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 18th day of April, 2023. - Mayor Robin Mouton - • l a si f1 �G Y VtPsA K $ JEFFERSON COUNTY Theresa Goodness Historical Commission Dr.Steven P.Lewis Chair 1't Vice-Chair Jen Trenbeath Linda McMahen Don Smart Coordinator/Secretary Treasurer 2nd Vice-Chair Demi, Millard family descendants are seeking to apply for a Texas Historical Marker to be installed near the George O'Brien Millard statue currently located on the grounds of the Art Museum of Southeast Texas, more specifically at the southeast corner of Pearl and Bowie Streets. It is our understanding that the City of Beaumont is the owner of such property. As part of the application process,the Texas Historical Commission (INC) requires authorization from the property owner to place the historical marker along with a current tax statement or deed. Please see attached form. This year's marker application period closes at 2:00 p.m. on May 15, 2023. Jen Trenbeath, our JCHC coordinator as well as a Millard family descendant, is also providing you with a brief history of her ancestor and his importance to our community. It is our understanding that you have kindly agreed to place this matter on next Monday's agenda (April 10, 2023) before the Historical Landmark Commission. Thanks so much, Demi! Kate Hambright Jefferson County Historical Commission Chair 409.656.1408 EXHIBIT"A" Jefferson County Historical Commission•1149 Pearl Street,3"'Floor-Beaumont,Texas 77701 Office(409)835-8701•FAX(409)784-5826•e-mail:histcomm@co.jefferson.tx,us TEXAS HISTORICAL COMMISSION ATTACHMENT A SUBJECT MARKERS: PERMISSION OF PROPERTY OWNER FOR MARKER PLACEMENT Please fill out this attachment,print,and sign.Return completed form along with proof of ownership(in form of deed or tax appraisal records) to our offices via email (markers@thc.texas.gov),fax,or mail postmarked by 2 p.m. CDT,May 15,2023. Proposed marker topic: County: Will the marker be placed on right-of-way maintained by the Texas Department of Transportation (TxDOT)? ❑Yes ❑No If the answer is yes, the THC will secure the necessary permission from TxDOT, and no other information is required. If the answer is no,please provide the following information for the person or group who owns the property. Property owner: Address: City,State,Zip: Phone: Email address: I, , certify that I am the legal owner or authorized representative of the property owner noted herein, and further certify that I have read the information regarding Official Texas Historical Markers and that I voluntarily seek the marker for the property described herein, and proof of ownership is attached to this form. I further certify that I will comply with the policies and procedures of the Official Texas Historical Marker Program. Signature: NOTE:The property owner will not receive copies of correspondence from the THC.All procedural correspondence(notice of receipt,requests for additional information,inscription, shipping notice,etc.)will be sent by email to the CHC representative,who is encouraged to share the information with all interested parties as necessary. Texas Historical Commission History Programs Division P.O.Box 12276,Austin,TX 78711-2276 Phone 512/463-5853 4111p TEXAS HISTORICAL COMMISSION markers@thc.texls.gov thc.texas.gov rtel', errs rrlliug Ira/sxorlr! Page 6 of 7 • ., �` .' !zy ji-- I Iwo L• ` J,i ' i t Sl}iil • ., �3 �� - . z r,, ,,1 ; Ir'41 I . ' 1 , `\' 1 • *-� I`\)�it ,.a ` */ } JArt*_; • , i . . .44 i' '', ^.',.: I 1 '.: .il *; t!' - 1 I ' . . V '''1 ' - t, '! 1 1,'� bl +ki d , . s0 �. k 11•4 �k k� } �! Gam. . , 1'. ' ; ,',11iIi1/4 , , . it t s .•,t, i., , )1 of:, ,. ,i • - , ... ,2,_, • #"* 1' ' � 1,►} ; }\i i tug ff. r \b .,� I f IAl � ,''' ) ,1, + J :F ! .l lil vI'r 1,i r. nf.,' ,. :11:1 1 rl /r1 Il�ill `!� 1I 1 I\ —4143.'1: ,•',,l,‘f,T.' . i \e‘ N, ' t iii 1 1\\''', .1 ,,-f; I II I. 1 I 1i • ( ; 5 � I 1 ' ' !, 1 1 , ' t5 (I II I \\\S/, , 40`7 A ‘,/, / `-o \i'',), ilOY\$.‘1! , ; L \ ; '''...-„,„\ r 1 it \ 741„IN... , KJ/ /V\ .• 1 -, / ,' t,l'\;•((,', . (''' , _/: 14-;: ti �� //' } j1 \ \, F ter, — - - ` ` tri 7 i r,r�lrjr �d1tl�j a1 TO\4\ ' elVt: '41 1IMPIIIIII \ j' 1/ /C V, i i ii, \I'Vy'}I')Illyi?,'''''',' 1 V: s ` rs`, 11' ! 1 1 1 1 ' + 1, /"fp,,(,nti „<, 11 , r ,/ , ti/ ,1 1 / / ; v , , ri\t),,,,,,, ,..?,y..,,,, , , . , i(,)/// \i, // ' , c , \\,,/,, ,,., ;:, , 4,-;3.1, ., .,,.. . , /I/ § 1) lit' ' 1 h111',.it,',, . v,' ,:i-1,, .: , . :,,,..., i% , , ,, i , / ( y 1.';/ , "o i,t,' - ; , . i , $-s, , ,• 1;),...t, 4, iit i,,,..., c,,..,, 1 i‘ Hi;i 'F i i , 'i ��',I1 1,1'' , SP> •, , •._ , •-••- •-...••••-.,.•• ... . „ - „ -,... -- ___-----; • rAitm.,... ._,...... ...i _ - . - - ____„-------------------- _ _ _________,.,,•-:---,L.--------/--------------;- •4""\,.... 16...-„ ••••-,..,..-. . . ———- - ---------.___ __ ________ 1 , 1 , ',kW _ i .- ' --_. . -• - --, ' - '- - - - ,/---.4( 1 - -----1,-------„,i _ --- 7 1 II ( — • . . —1---; .- .2'1- ..........,":- II I , ,-=.,:._. _7-1.11- • 1_1 _ ...... MI1 Ilp..In11 ., :r - milL ___ _____ • -"'".- ;_ •._--: [7; 1-1 i • -ili --- .2..... 11_ - ..„ - - •:"... ^,ir- c.,"-..-...... ....4!"" --.....t. ...e Al...... 0*"..«:.,•itAi - -- - " - i .....-_, _ .__..--- * -........ - '''''`..., *.---. -:•-•%%re."'4*,,,,,, '''' •..:‘,1, 1..`iu,-; •. --'". - -- -*-I IS ..,..... :::;.t...0,-.,.......7,'•, - „..-...... - ... 1:36. ,.... -. ..,....„,....=,"........,..t‘......•.,...,,,,,,,I.i...., `.. - „- , . . - ......-4.*."c*.r.. ''.*:;:::::-'''';;;?''' ':elm;• ^-t",,f.„..1":,",,..,,,; ;Iii", ,,4-4-7,::,,7....,_1,-si;.:4;-!--1,- ,-.21. -41. . ,, r _ _ ., _ . ;'-..7.- -1"...--..1•-7,-...-d'xr-'- -..:•- ,."—.- --,,,,r,,,e •-- ':.- - _.:: :- 7-„.<--------"::.4`.147.- + 1 - - . - • _ - -- _ . , 4 - _ --;•'..,.; -7, .,-,,im„ •1.,- -, - - - - - • t..4.,04 •,..1.7."' .Az •-•,‘ „..,-..,-,•-. -c-' -- - - - -- - - - - :, - 7 7..r., • , ' ••••4 K A .a.'"' / . -V"}„.:**s P,I• `` •:"A"-- ?4...• 2"••••••-4: s-''''''' --. ''',,.. ''--. -' - '''- , : '' ., -' -:. - - '::-. ' -,''' =ia•"T..'' '''."'F: ..*;': l.... .t '.-;470 ':,F§: "Z''''" V' 43*.l.',."'..,..... .F.A.mot. r, ,..._ '.' -- -.-II', •..... ..., ..;:,........... .7.4 s_.,: ..., .. .-.'"•,.. -',•;•.•`•-•-:,.',?;* '••• ;,[..4„:,..." (- ___------1,.. ..z, ,_•'•: :•-..6;":k..4.X?" ":-, - - - ,- - - -- - -,.....f-:"___,I4c--4.,--_,_ --1.k"--,:V -S,_'-4""---'4-s ---'.:-'74.==:-.''''--- --- , ,e-- " ?• "--' ..,-,.•"'" ----7:10.7.5.' ''''-rZifsl--'4.4•::".^...... ".. ' ,,..`. .. "...'t. 11C-e.:Z t':•C 7::.::.... ....1.*;.;:jA:'...''. -,a4a1.7".‘'. .4...%• ••=•17.47..x.... ...1 ... . . .7-;,,,,....,;:,.z,-,44.. A.......c- :'....---7- If ../..""'" * ,,,„%-,-74.7-\---•• *7•••-'1:-•....,. ...:7,..,. ..., - • ,,;,..:_r...„. „..,,,,, .....s.,,,„,,, __ _ - ...-:.;,-•,...-.-,•-•----7:.-."7-,-••5'.›.--.-. - 7......7,. :4-7.1,1,ii,":45. .,7'.''. ' ''' -- - • 7; ')5`2k .f.77 '2- '...`--.?_;,-.7-- -- - • _ ..''1:7L.5. ••% "7 „-1-‘..P.-.+e..77?,,,.....,,;_.44"-7.;----:-.%":**" "- l'''' ,0%. , ..../., , , « --:-. . '4. * `.7Q1...'..7...3.W.--f-.1,,.. • «. _ • -• , - - „ - •-1,7F-^"7.m. . -« •*7S.".r.•54P' ' "- . , ,. '-.4's•----, 7- -').P" '7--..'.r.'scX..r.s. -^41.-**,'S.N... . • •-•,. *.---,-. '''''‘'7.•••-•-*2--,,_-. - • --7 -.7 7., ,_ • k•I - ••••• rir•E-+-- ' •' '" - *-4 ::-...*'"'s4. 7447.;.- *4-4- 'e'.0 -744:4., --,, -- • - - * 7.• • ---:::,7 -- 7/ f. .47:-, ..1.4" -.....-e:''''-'-`"-tr-•'••••;.•-•."-z'- ' • e,•:` .- - - .'e - •. - - ,--' --•--.--/---•---..--:.,+- - • ----• •.-,-, .-,•,-......:r...,-;•.-4,-;,.., ,,,--.e:sc.....,,,...,..... ......„.- ,,,,,...,, ,, • .--*,-- • -- ,- ...•.:„:- .. •,••• --_---',----, --- ,,,,,ezts.,,G-t --• -.....,:,•:-,.-:'•:-,7:•• -.:1:4-1÷.-; • ; 'Z''171!". '...'?-.•:',' •', -----A-le...* . - - •,•:--...01;7.4....- ._ . - ......;.. ,• . *.-''• wqra.r.1%,..!..---,,,,,;,, ..,.7,••••.>„.`.-, .4..,•• - 41 • , '-••.• 1.... ..;.' - --;-' '-_--•". .•':•..1•. 1.W.::.:-. .4.1.- -'•7;.3.g.41' ts:il.r?:-.,•.7,r•'•:, .-.+1,•,°0----''' 'k • ',•q:..7", ...._•;.. "...,-'.--4-'..-__."•: '.:'"2"- •- ,..t-•2^4. -rx.47-.",;./r••'-4*"r"....- "'''',f--'...`;7:',c..1-'.2:::„,-z-tf:-; ";• - ....7:-..,'• s---•-•-- • : : .----, ...--1 :,...,70.i..,.2„- .....,...--..,(7,--_,.. --,,,• ---...,.....F- ,-- - f, • •. .. -,..- ..;„,....4. , • 2'AI,., 443, -.„.....---„,-,4,.........01,1'-•-... ......•_VC-...':: .'Oge.)..1`,.s.tl•C.;:.) .7, -'.:".. ;:.,." .• '.....,e.,199 4S2:110'' *'s' '''.'''. . ' '''. •ir.'•.<,..RW ir""• .'7''.. .K-"tit',,,--".1 -e-mg..: 4-_„.. .-„„....„-•:,--2,,,,..---4.. -F.i• , • - ,...1, : • '''N-....1.- '.'",',..',.'•-,.,t-***,•0-r.. .:••• -• -.......4.4,1,...,•,...-.,',..t, 'e.;.-1,...... „,r,•:. ..7 ; •• . , '• kik,.{.: ...., . ...„ ',/r,,,,p, . i;4, .- %,•.--..-,.,-....,,-- .-----..--:,,_.•..:-....vow;r----- -r:--„,..7--...7,,,, ..-k- .,:•.-r..-°*,:xl..--"''..-..---'---...."-..1-;:-`'..--' _ s'- L '...`;•zzitI -...4 0..^1!1...tas."2!'1,-4--k (.1"4 -41"-`'` .,-------),-,- , -.:•••,, ••-------....,--Nza -7 -..•,,,-;.-:-,-""•-• ----•-....-. . - ' - • ,----.."4.,--," .45•,..ac-•-.-, ...•.,0•-,..-oz-;-_, ,......,..,krt,.... .....,_•._.,, ..- , r . ...... _... ....,...-.