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Home My WebLink About08/08/2023 MINT E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner, Mayor Pro Tom ROY WEST, MAYOR Randy Feldschau, At -Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III AUGUST 8, 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 8, 2023, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 3:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Proclamations, Presentation and Recognition Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-3 Mayor West called the council meeting to order at 3:30 p.m. Father Steve Leger of St. Jude Thaddeus Catholic 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, Feldschau, Samuel and Neild. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition None Mayor West read the announcement regarding the Executive Session being held at the conclusion of Public and Councilmember comments. Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-3 (or any other topic) (Public comments can be heard or seen at the City of Beaumont website at beau monttexas.gov Tonene Ligon Carrier, Beaumont Tx Sam Marchand, Beaumont TX Ricky Jason, Beaumont TX Charlie Crabbe, Beaumont TX J.D. Roberts, Beaumont TX Thefarro Richard, Beaumont TX Minutes — August 8, 2023 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. Council to consider approval of the August 8, 2023, City Council Meeting Minutes. B. Council to consider a resolution authorizing an increase to the purchase order with RailPros Field Services, Inc., of Irving, Texas for the monitoring and flagging services required by Union Pacific Railroad for the emergency repair of a sewer cavity under the Union Pacific Railroad at West Florida Avenue and Avenue A -- Resolution 23-211 C. Consider the appointment of Board of Adjustment members and alternate. (Mayor Roy West) — Resolution 23-212 D. Council to consider the appointment of Kate Hambright to the Library Commission. (Councilmember Mike Getz) — Resolution 23-213 E. Council consider a resolution approving the replacement of Fire Motorola radios and accessories from Motorola Solutions of Chicago, IL -- Resolution 23-214 Councilmember Neild moved to approve the Consent Agenda. Mayor Pro Tern Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE, MOTION PASSED REGULAR AGENDA 1, Council to consider an ordinance for the proposed settlement of Entergy's 2022 Fuel Reconciliation Request. Entergy Texas, Inc.'s (ETI) submitted an application to the Public Utility Commission (Commission) requesting to reconcile approximately $1.67 billion in fuel and purchased power expenses incurred between April 1, 2019, and March 31, 2022. After accounting for ETI's fuel factor revenues from the same period, ETI calculated it had under -recovered its fuel and purchased power expensed during reconciliation period by $90.3 million. ETI also requested to add $12.8 million to the under -recovery pursuant to a Commission rule that allows utilities to retain 10% of the margins earned on their off -system sales. Instead of requesting a surcharge to collect the under -recovery balance and retained off -systems sales margins, ETI requested that the total $103.1 million be carried forward as the beginning balance for the subsequent reconciliation period beginning April 1, 2022. ETI, the Commission staff, and other intervening parties have reached a final agreement regarding ETI's fuel reconciliation application. ETI agreed to reduce its requested retained off -system sales margins from $12.8 million to $9.25 million. As a result, the under -recovery balance to be carried over into the next fuel reconciliation period will be approximately $99.6 million instead of $103.1 million. There will be no rate impact on customers at this time. Given the Minutes —August 8, 2023 cost of litigation and litigation risk, the proposed settlement is reasonable and in the best interest of the city. The reasonable expenses associated with rate cases are reimbursable by the Company. Adoption of the ordinance. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE BY THE CITY OF BEAUMONT TEXAS ("CITY") AUTHORIZING THE SETTLEMENT OF THE PROPOSED FUEL RECONCILIATION OF ENTERGY TEXAS, INC.; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: MAYOR PRO TEM TURNER MOTION PASSED ORDINANCE 23-060 2. Council to consider a resolution authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont, for the Evalon Street 8'X8' Box Culvert and Cavity Emergency Repair Project. The City of Beaumont Engineering Department was notified by the Streets and Drainage department about a cavity and failure to an 8'X8' concrete box culvert located at 3750 Evalon Street. The location of the failure is partially in the roadway and partially into the yard of the residence at 3750 Evalon Street. Due to the proximity to several residences and the threat of the cavity expanding in size and potentially extending onto private property, Public Works/Engineering has determined that the repair of this cavity, concrete box culvert, and storm sewer line must be performed on an emergency basis. On July 21, 2023, the City obtained a time and materials proposal not to exceed the amount of $189,645.00 from Brystar Contracting, Inc., to make the repairs to the box culvert and to backfill and stabilize the area. Funds will come from the Capital Program. Approval of the Resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO AWARD A CONTRACT TO BRYSTAR CONTRACTING INC., OF BEAUMONT, TEXAS IN AN AMOUNT NOT TO EXCEED $189,645,00, FOR THE EVALON STREET 8'x8' BOX CULVERT AND CAVITY EMERGENCY REPAIR PROJECT. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD Minutes — August 8, 2023 NAYS: NONE MOTION PASSED RESOLUTION 23-215 3. Council to consider a resolution authorizing the City Manager to execute Change Order NO. 1 to the contract with Gulf Coast, a CRH Company, for the 4th Street Roadway Rehabilitation Project. On January 24, 2023, by Resolution No. 23-031, the City Council awarded a contract to Gulf Coast, a CRH Company, of Beaumont, in the amount of $6,079,536.28, for the 4th Street Roadway Rehabilitation Project. Proposed Change Order No. 1, in the amount of $441,552.00, is being requested by the city as a result of a detailed storm sewer investigation performed as part of the design of the 4th Street improvement project. This change order is needed to address areas where other utilities conflict with the storm sewer system, or to repair defects in the storm sewer system. These conflicts can possibly impede drainage and the defects can potentially undermine the roadbed. Making these repairs prior to the placement of the pavement will maximize the anticipated service life of the road. Thirty -Five (35) additional days will be added to the contract for the additional work. If approved, Change Order No. 1 will result in a new contract amount of $6,521,088.28. Funds will come from the Capital Program. Approval of the Resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1, IN THE AMOUNT OF $441,552.00 FOR ADDITIONAL WORK FOR THE 4TH STREET ROADWAY REHABILITATION PROJECT, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $6,521,088,28. Councilmember Samuel seconded the motion. AYES; MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-216 4. Council to consider an Ordinance amending Ordinance No. 23-059, a request for abandonment of Doctor's Drive and a portion of 15th Street with retention of a general utility easement. On August 1, 2023, the City Council of the City of Beaumont, Texas approved Ordinance No. 23-059, a request for abandonment of Doctor's Drive and a portion of 15th Street. The approved Ordinance approved the abandonment but did not include a reference to retaining Minutes — August 8, 2023 a general utility easement. Amendment of Ordinance No. 23-059 is necessary to reflect the correct language relating to retention of the general utility easement. Approval of an Ordinance amending Ordinance No. 23-059, a request for abandonment of Doctor's Drive and a portion of 15th Street with retention of a general utility easement. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE 23-059 AND ABANDONING THE REMAINING PORTION OF DOCTOR'S DRIVE AND A PORTION OF 15TH STREET, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Durio seconded the motion. AYES; MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-059-A COMMENTS * Public Comments (Persons are limited to three minutes) Addie Allen, Beaumont TX Christopher Jones, Beaumont TX 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 - MAYOR PRO TEM TURNER - COUNCILMEMBER FELDSCHAU - COUNCILMEMBER SAMUEL - COUNCILMEMBER NEILD - CITY ATTORNEY REED - CITY MANAGER WILLIAMS - MAYOR WEST - - Minutes — August 8, 2023 EXECUTIVE SESSION - CANCELLED Consider matters related to the contemplated or pending litigation in accordance with Section 551.071 of the Government Code: • The Claim of Chatherine Goodman With there beind no Roy ina-Broussard, City Cle ion, Council adjourned at 4:17 p.m. Minutes -- August 8, 2023