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Home My WebLink About08/01/2023 MINT E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner, Mayor Pro Tern ROY WEST, MAYOR Randy Feldschau, At -Large Taylor Nelld, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III AUGUST 1, 2023 Chris Durio, Ward IV 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 August 1, 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 -- Presentation - Charter Review Committee Update and Recommendations Public Comment: Persons may speak on the Consent Agenda and Regular Agenda items 3- 6 Mayor West called the council meeting to order at 1:30 p.m. Pastor Phillip Battles with New Faith Holiness Church gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tern Turner, Councilmembers Durio, Getz and Feldschau. Absent: Councilmembers Samuel and Neild. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition None Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 3-6 (or any other topic) (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov Tonene Carrierre Ricky Jason Albert Harrison Charlie Crabbe Charline Sam Mark Williford Jerome Alexander CONSENT AGENDA (items placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) Minutes —August 1, 2023 A. Council to Consider approval of the July 25, 2023, City Council Meeting Minutes. B. Council to consider a resolution approving an annual contract for the ground's maintenance of City parks and street triangles - Resolution 23-201 C. Council to consider a resolution rejecting bid number MF0523-29 for a standby generator for the Parks Operation Center - Resolution 23-202 D. Council to consider a resolution approving a contract for the purchase of aluminum sulfate for use in the Water Utilities Department -- Resolution 23-203 E. Council to consider a resolution approving an annual maintenance agreement from ESO Solutions, Inc. of Dallas, TX for $78,781.99 that is utilized by Fire — Resolution 23-204 F. Council to consider a resolution authorizing the City Manager to execute Change Order No. 3, to the contract with Allco, LLC, of Beaumont, for the Pine Street SWTP Polymer System and Chemical Storage Tank Improvements (REBID) Project— Resolution 23-205 G. Council to consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Sanitary Sewer Easement -- Resolution 23-206 Councilmember Neild moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ AND FELDSCHAU NAYS: NONE MOTION PASSED REGULAR AGENDA Council to consider a request for a Specific Use Permit to allow a mother-in-law's apartment in an RS (Residential Single -Family Dwelling) District for property located at 4630 Ashdown Street. Andrew Baumer is requesting a Specific Use Permit to allow a mother-in-law's apartment at 4630 Ashdown Street. This property is located within the RS (Residential - Single -Family Dwelling) district and as such a two-family dwelling requires a Specific Use Permit. The structure will serve a dual purpose as the pool house for the property. Nicola & Ivan Holtzman, owners of the property, would like to move Nicola's elderly parents into the apartment. The spare bedroom in the house is upstairs and her mother cannot climb stairs. The pool house will be a one-story structure. At a Joint Public Hearing held on July 17, 2023, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a mother-in-law's apartment in an RS (Residential Single -Family Dwelling) District for property located at 4630 Ashdown Street, with the following conditions: Minutes —August 1, 2023 No separate utility meters will be allowed for the apartment. 2. The apartment shall not be used as rental property. 3. NO permanent structure or appurtenances shall be placed within the easement property. Approval of the Ordinance, with the following conditions: 1. No separate utility meters will be allowed for the apartment. 2. The apartment shall not be used as rental property. 3. No permanent structure or appurtenances shall be placed within the easement property. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MOTHER-IN-LAW APARTMENT IN A RS (RESIDENTIAL SINGLE- FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 4630 ASHDOWN STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZAND FELDSCHAU NAYS: NONE MOTION PASSED ORDINANCE 23-058 2. Council to consider a request for abandonment of Doctor's Drive and a portion of 15th Street. Zach Rowe of Lead Engineering, L.L.C., is requesting to abandon Doctor's Drive and a portion of 15th Street. The TXDOT (Texas Department of Transportation) expansion of the Interstate 101Eastex interchange has taken the front portion of the property at 1000 IH-10 N. Due to the expansion, Classic Acura will demolish their existing showroom and reconstruct further back on their property. A portion of Doctor's Drive was abandoned in the past to accommodate overflow parking for this property. The abandonment of the remaining portion of Doctor's Drive and the north portion of 15th Street will help accommodate the new building. Centerpoint and Water Utilities have stated they have utilities located in these rights -of -way. At a Joint Public Hearing held on July 17, 2023, the Planning Commission recommended 7:0 to approve the request for abandonment of Doctor's Drive and a portion of 15th Street with retention of a general utility easement. Approval of the ordinance with retention of a general utility easement. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ABANDONING THE REMAINING PORTION OF DOCTOR'S DRIVE AND A PORTION OF 15TH STREET, CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the motion. Minutes -August 1, 2023 AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZAND FELDSCHAU NAYS: NONE MOTION PASSED ORDINANCE 23-059 3. Council to consider a resolution approving the purchase of one paratransit van for use at the Zip. The Zip, formerly known as Beaumont Municipal Transit, requests to purchase one large paratransit van with remaining grant funds awarded in 2020-2021. The van will be 24' in length and will accommodate larger transport chairs to ensure paratransit services are provided for all patrons utilizing the municipal transit system. FTA identifies these vans as light duty with a life expectancy of seven (7) years. Three (3) quotes were obtained from Creative Bus Sales, through the Texas Comptroller of Public Accounts Contract. The quote with the lowest price and best value was in the amount $169,082, This contract complies with State of Texas' procurement statutes. Funds will come from the Transit Fund. Approval of the Resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVED THE PURCHASE OF ONE (1 ) PARATRANSIT VAN FROM GLAVAL BUS OF BEAUMONT, TEXAS THROUGH THE TEXAS COMPTROLLER OF PUBLIC ACCOUNTS FOR USE BY ZIP IN THE AMOUNT OF $169,082.00. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZAND FELDSCHAU NAYS: NONE MOTION PASSED RESOLUTION 23-207 4. Council to consider a resolution cancelling the purchase of two trucks for Sewer Maintenance. 4n February 14, 2023, Resolution 23-057, Council approved the purchase of two trucks from Rush Truck Center, of Beaumont, for use by Sewer Maintenance. The trucks have not come in, and have been located elsewhere, with a total savings of $32,291.09. Staff has confirmed with the vendor that cancellation of this order will not cause an issue. The council is requested to cancel this resolution, and the new purchase will be submitted separately. Funds will come from the Water Fund. Minutes —August 1, 2023 Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL DESIRES TO CANCEL THE PURCHASE OF THE TWO (2) VEHICLES IN THE AMOUNT OF $303,333.00 FROM RUSH TRUCK CENTER OF BEAUMONT, TEXAS, AS THE VENDOR HAS BEEN UNABLE TO PROVIDE THE VEHICLES. Mayor Pro Tern Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ AND FELDSCHAU NAYS: NONE MOTION PASSED RESOLUTION 23-208 5. Council to consider a resolution approving the purchase of 3 vehicles for use in the Sewer Maintenance Department. Replacement vehicles are requested through the City's budget process. The Fleet Manager reviews the requests and evaluates the vehicles to be replaced. Based on this evaluation a recommendation is made to replace worn and obsolete vehicles that are no longer cost effective to operate. The vehicles to be purchased are replacing models ranging from 2010 to 2013. The vehicles being replaced will be disposed of in accordance with the City's surplus equipment policy. The vehicles will be purchased from Silsbee Ford, of Silsbee, in the amount of $326,972.26, Pricing was obtained through the Goodbuy purchasing cooperative, which provides cities and political subdivisions with the means to purchase specialized equipment at volume pricing. Goodbuy complies with State of Texas' procurement statutes. Warranties of 36,000 miles or three years are provided for each new vehicle. Warranty service is provided by local authorized dealerships. Quote is attached. Funding for this purchase is allocated in the FY2023 budget. Funds will come from the Water Fund, Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF THREE (3) VEHICLES FOR USE BY THE SEWER MAINTENANCE DEPARTMENT FROM SILSBEE FORD, OF SILSBEE, TEXAS, IN THE AMOUNT OF $326,972.026 THROUGH THE GOODBUY PURCHASING COOPERATIVE. Councilmember Getz seconded the motion, AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZAND FELDSCHAU NAYS: NONE MOTION PASSED RESOLUTION 23-209 Minutes — August 1, 2023 6. Council to consider a resolution authorizing the City Manager to enter into an agreement with SWA Group of Houston to perform additional planning and design services related to a Downtown Hotel and the completion of the Downtown Plan, including 3-D renderings of that Plan. With Garfield Public/Private LLC (GPP) working to complete Phase II of a feasibility analysis of a Downtown Hotel and the Downtown Planning & Development Committee prepared to present the Draft Downtown Plan, SWA Group of Houston is proposing the following work to coordinate this effort. SWA would develop a 3-Dimenisonal model of the proposed Downtown Plan for presentation purposes that would include a "fly -through" rendering for $34,350. The work would also include partnering with a Civil Engineer to develop a high-level cost estimate of plan elements for $9,850. Finally, SWA requests $9.850 in fees, plus miscellaneous fees of $2,350 in order to provide ongoing coordination with GPP during the upcoming meetings and presentations associated with the Hotel project. It is expected that the rendering and estimates would be complete within 30 days and the ongoing coordination would continue over the next 60-90 days in conjunction with GPP's efforts. Funds will come from the General Fund. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO AN AGREEMENT WITH SWA GROUP OF HOUSTON, TEXAS TO PERFORM ADDITIONAL PLANNING AND DESIGN SERVICES RELATED TO A DOWNTOWN HOTEL AND THE COMPLETION OF THE DOWNTOWN PLAN, INCLUDING 3-D RENDERINGS OF THE PLAN. Mayor Pro Tem Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ AND FELDSCHAU NAYS: NONE MOTION PASSED RESOLUTION 23-210 COMMENTS Public Comments (Persons are limited to three minutes) Addie Allen Councilmembers/City Manager/City Attorney comments on various matters (Comments can be heard or seen on the City of Beaumont website at beaumonttexas.gov) COUNCILMEMBER COMMENTS COUNCILMEMBER TEM DURIO COUNCILMEMBER GETZ Minutes — August 1, 2023 MAYOR PRO TEM TURNER COUNCILMEMBER FELDSCHAU COUNCILMEMBER SAMUEL - ABSENT COUNCILMEMBER NEILD - ABSENT CITY ATTORNEY REED CITY MANAGER WILLIAMS MAYOR VILEST With there beind no Exe Roy Tina Broussard, City Clerk scion, Council adjourned at 3:49 p.m. Minutes — August 1, 2023