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HomeMy WebLinkAbout08/29/2023 PACKETREGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, AUGUST 29, 2023 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS Presentation – Letter of support for the Critical Nursing Program Shortage in Southeast Texas for Lamar Institute of Technology. RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Persons may speak on the Consent Agenda and Regular Agenda Items 1-6 (or any other topic) 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 approving the August 22, 2023, City Council Meeting Minutes B. Council consider approving an agreement with Patillo, Brown & Hill LLP, of Waco, for auditing services. C. Council consider a resolution authorizing the settlement of the claim of Kristopher Goodman REGULAR AGENDA 1. Council consider a resolution awarding awarding Hotel Occupancy Tax Grant awards for the 2023 grant cycle. 2. Council consider an Ordinance amending Ordinance No. 23-056, a request for a Rezoning from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density) or a more restrictive district for property located north of 2360 S. Major Drive. 3. Council consider a resolution authorizing a contract with SETEX Construction Corp., from Beaumont for the City Wide Emergency Water Main Repairs Contract. 4. Council consider a resolution authorizing the City Manager to execute Change Order No. 1 to the contract with Vortex Companies, of Houston, for the Long Street Grouting Repairs Project. 5. Council consider a resolution approving the emergency repair of a pump for Lawson’s Pump Station. 6. Council to consider re-wording Proposition A and eliminating Proposition B on the City of Beaumont Charter changes. PUBLIC HEARING Council to hold a Joint Public Hearing on the proposed FY 2024 Budget and the proposed 2024 Capital Program and at the conclusion of the hearing take action to postpone the final vote on the proposed FY 2024 Budget until September 12, 2023. REGULAR AGENDA 7. Council hold a Joint Public Hearing on the proposed FY 2024 Budget and the proposed 2024 Capital Program and at the conclusion of the hearing take action to postpone the final vote on the proposed FY 2024 Budget until September 12, 2023. PUBLIC HEARING Council conduct a public hearing and consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive funds for the Zip. REGULAR AGENDA 8. Council conduct a public hearing and consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive funds for the Zip. PUBLIC COMMENT - MISC COUNCIL COMMENTS ADJOURNMENT Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at (409) 880-3777. A TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Tina Broussard, City Clerk MEETING DATE: August 29, 2023 REQUESTED ACTION: Council to consider approving the August 22, 2023, City Council Meeting Minutes BACKGROUND None FUNDING SOURCE None RECOMMENDATION None ATTACHMENTS Minutes - August 22, 2023 Minutes – August 22, 2023 MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert “A.J.” Turner, Mayor Pro Tem ROY WEST, MAYOR Randy Feldschau, At-Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III AUGUST 22, 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 22, 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 – Eddie Solis with Hillco Partners will give an update on the 88th Legislative  Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-3 (or any other topic) Mayor West called the council meeting to order at 1:30 p.m. Pastor James Matthews with Impact Ministries 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 Tem 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 Public Comment: Persons may speak on the Consent Agenda and Regular Agenda Items 1-3 (or any other topic) (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov Jerome Alexander 1118 Avalon St. Beaumont TX Albert Harrison 1240 Ashley Beaumont TX 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 22, 2023 A. Council to consider approving the August 15, 2023, City Council Meeting Minutes. B. Council to consider a resolution approving the return and replacement of the Police video storage system from Sirius Computer Solutions, LLC of San Antonio, TX – Resolution 23-227 C. Council to consider a resolution authorizing the City Manager to apply for and receive funding through the FY 2023 Edward Byrne Memorial Justice Assistance Grant Program and to execute all documents necessary, including an inter-local agreement with the City of Port Arthur and Jefferson County in order to request the funds – Resolution 23-228 D. Council to consider a resolution approving the renewal of an annual maintenance agreement with SirsiDynix of Lehi, UT for use in the libraries – Resolution 23-229 E. Council to consider a resolution approving the renewal of an annual support agreement with Creative Switching Designs, Inc. for the City’s phone system – Resolution 23-230 F. Council to consider a resolution authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD6) for the proposed 102” Storm Sewer Outfall Line Inspection, Cleaning, and Survey – Resolution 23-231 G. Council to consider a resolution authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD6) for the proposed Evalon Street 8’X8’ Box Culvert and Cavity Emergency Repair Project – Resolution 23-232 H. Council to consider a resolution authorizing the settlement of the claim of Vincent Fertitta – Resolution 23-233 Councilmember Neild moved to approve the Consent Agenda. Councilmember Durio 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 providing for the reimbursement of capital expenditures incurred prior to the closing of financing. On May 23, 2023, Council approved the initial repairs for the Long Street Drainage project. This project was not budgeted in the Capital Program but was considered emergency repairs and the decision was made to start the project immediately. The estimated cost to complete the repairs is $7,300,000. Bond proceeds in the amount of $30 million will be issued in the fiscal year 2024 and it is expected that the capital program will not have sufficient funds to cover the Long Street Minutes – August 22, 2023 Drainage project prior to receiving the funds from the bond issue. A reimbursement ordinance is warranted to allow the city to reimburse itself out of the proceeds of the financing. The debt proceeds related to this financing will be recorded in the Capital Improvements Fund. Approval of the ordinance. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE DECLARING AN INTENT OF THE CITY TO REIMBURSE ITSELF FROM PROCEEDS OF CERTIFICATES OF OBLIGATION EXPECTED TO BE ISSUED BY THE CITY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION WITH THE CITY’S FINANCING OR DRAINAGE PROJECTS. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-062 2. Council to consider a resolution authorizing the City Manager to execute a new interlocal agreement (ILA) with Beaumont Independent School District (BISD) for the School Crossing Guard Program. The City Council authorized an ILA with BISD on April 20, 2021. The Agreement expires on September 30, 2023, and the BISD has requested to renew the ILA for another three years. Funds will come from the General Fund. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INTERLOCAL AGREEMENT WITH BEAUMONT INDEPENDENT SCHOOL DISTRICT (BISD) FOR THE SCHOOL CROSSING GUARD PROGRAM. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-234 3. Council to approve a resolution adopting the Strategic Plan 2023- 2028-2038 for the City of Beaumont. Minutes – August 22, 2023 Over the past several months, the Mayor and Council, Administration and City staff have worked to develop the City's first Strategic Plan in many years. The Plan outlines Core Beliefs and the Mission of the City. This in turn, has informed a clear Vision for the City and where we would like the City to be in fifteen years (2038). In addition, mid-term (2028) goals have been identified as well as short-term, Policy and Management Agendas for 2023-2024, serving as a roadmap of specific tasks to achieve over the next eighteen months in order to move the City toward realizing the longer-term Goals and Vision. This Plan will not only serve as the work program or "to-do" list for the city over the coming days, months, and years, but should be monitored on a constant basis in order to gauge progress. It is the intent to share the plan with Council, the public and with all City staff to serve as a unified, guiding work program. In this way the Plan should serve as a clear outline of what needs to be achieved in the coming days, months, and years in order to move toward the Vision and Goals spelled out in the Plan. In addition, the Plan should be formally reviewed annually in order to not only monitor progress but make any needed adjustments to the Plan. Approval of the Resolution. Mayor Pro Tem Turner moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ADOPT THE STRATEGIC PLAN 2023-2028-2038 FOR THE CITY OF BEAUMONT. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-235 Mayor West read the announcement regarding the Executive Session being held at the conclusion of Public and Councilmember comments. PUBLIC HEARING Council to conduct a Public Hearing to hear applicant request for funding from the 2023 Hotel Occupancy Tax Grant Program Public Hearing Open: 2:46 p.m. Amanda Yarbrough 701 Main St. Beaumont TX Spoke on behalf of the Beaumont Children’s Museum Todd Hoeft 515 N. 23rd Beaumont TX Spoke on behalf of Spindletop Gladys City Museum Penny Leleux 9227 Cajun Way Beaumont TX Minutes – August 22, 2023 Spoke on behalf of Boomtown Film Society Christie Feagan 600 Main St. Beaumont TX Spoke on behalf of the Texas Energy Museum Laura Childress 700 Crockett St. Beaumont TX Spoke on behalf of Mardi Gras SETX Lynn Castle 500 Main St. Beaumont TX Spoke on behalf of the Art Museum of SETX Karli Stansbury 2240 Calder Ave. Beaumont TX Spoke on behalf of the Beaumont Heritage Society Sue Bard 700 North St. Beaumont TX Spoke on behalf of the DB CAD and SETX Arts Council Public Hearing Close: 3:39 p.m. COMMENTS Public Comments (Persons are limited to three minutes) None 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 - Minutes – August 22, 2023 MAYOR WEST – EXECUTIVE SESSION Section 551.087 – Deliberation Regarding Economic Development Negotiations, to wit: TIRZ Consultant Presentation of the Proposed Downtown Beaumont Tax Increment Reinvestment Zone (TIRZ) for Economic Development Consider matter related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Caleb Fenter v. City of Beaumont and Christopher S. Boone; Cause No. B-210244 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 Open session of meeting recessed at 3:57 p.m. Roy West, Mayor Tina Broussard, City Clerk B TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: August 29, 2023 REQUESTED ACTION: Council consider approving an agreement with Patillo, Brown & Hill LLP, of Waco, for auditing services. BACKGROUND The Beaumont City Charter states “no auditor or firm of auditors shall serve as auditor for the City of Beaumont for more than four successive years". Whitley Penn audited the fiscal year 2022 financial statements, which was the fourth and final year of their agreement. City staff solicited, reviewed, and analyzed responses to requests for proposals (RFP) from three accounting firms. Proposals were evaluated based upon three sets of criteria: mandatory elements, technical qualifications, and price. Patillo, Brown & Hill L.L.P. met the criteria as set forth in the RFP to serve as auditor. Audit services will commence with the fiscal year ending September 30, 2023 and may be extended by mutual consent to fiscal years 2024, 2025 and 2026. Interim work would be scheduled to begin in August and the audit reports would be scheduled to be completed before March 31, 2024. The evaluation is attached. FUNDING SOURCE The agreement amount including expenses will not be greater than $101,400 for the first year. Funds will be available in the General Fund’s FY 2024 budget for this expenditure. Fees for the audits of fiscal years 2024, 2025, and 2026 will be $103,428, $105,496 and $108,660; respectively. RECOMMENDATION Approval of the resolution. ATTACHMENTS Evaluation Sheet 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 an agreement with Patillo, Brown, & Hill LLP, of Waco, Texas in the amount to not exceed $101,400.00 for the first year for auditing 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 29th day of August, 2023. - Mayor Roy West – City of Beaumont, Texas RFP Number: TF0723-20 RFP Name: Auditing Services RFP Date: August 3, 2023 Maximum Belt Harris Pechacek Patillo, Brown & Hill LLP Mitchell T Fontenot CPA, Inc Criteria Points Houston, Tx Waco, Tx Port Neches, Tx Mandatory Elements 35 30 32.33 30.33 Technical Qualifications 35 32.66 33.33 25.33 Price 30 24 26.66 27 Total Points 100 86.66 92.32 82.66 C TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: August 29, 2023 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Kristopher Goodman BACKGROUND The claim of Kristopher Goodman was presented and discussed in Executive Session held on June 13, 2023. The City Attorney is requesting authority to settle in the amount of $23,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the claim of Kristopher Goodman was discussed in Executive Session properly called and held on Tuesday, June 13, 2023; and, WHEREAS, the City Attorney is requesting authority to settle this claim; 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 Attorney be, and is hereby, authorized to settle the claim of Kristopher Goodman for the sum of Twenty-Three Thousand, and 0/100 Dollars ($23,000.00) made payable to Neches Federal Credit Union of Port Neches, Texas; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. 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 29th day of August, 2023. - Mayor Roy West – 1 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Dean Conwell, Director of Convention and Tourism MEETING DATE: August 29, 2023 REQUESTED ACTION: Council consider a resolution awarding awarding Hotel Occupancy Tax Grant awards for the 2023 grant cycle. BACKGROUND In accordance with the new Hotel Occupancy Tax (HOT) Grant review process, applications have been submitted for review by the Beaumont Convention and Visitors Bureau (CVB) Review Committee. Attached are the recommendations from the Committee. Council is being asked to review and approve funding for HOT applications, taking into consideration the public hearing and held at the August 22nd City Council meeting as well as recommendations from HOT Review Committee. FUNDING SOURCE Hotel Occupancy Tax RECOMMENDATION Approval of the Resolution. ATTACHMENTS Recommendations from the Beaumont Convention and Visitors Bureau Review Committee. 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 review and approve funding for the Hotel Occupancy Tax applications for the Hotel Occupancy Tax Grant 2023 cycle. 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 29th day of August, 2023. - Mayor Roy West – 2 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: August 29, 2023 REQUESTED ACTION: Council consider an Ordinance amending Ordinance No. 23-056, a request for a Rezoning from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density) or a more restrictive district for property located north of 2360 S. Major Drive. BACKGROUND On July 25, 2023, City Council approved Ordinance No. 23-056, a request for a Rezoning from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling- Highest Density) or a more restrictive district for property located at 2360 S. Major Drive. The approved Ordinance reflected an address of 2360 S. Major Drive, rather than property located north of 2360 S. Major Drive. Amendment to Ordinance No. 23-056 is necessary to reflect the correct property location. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the amended Ordinance. ATTACHMENTS Ordinance No. 23-056 ORDINANCE NO. ENTITLED 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 RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING HIGHEST-DENSITY) DISTRICT FOR PROPERTY LOCATED NORTH OF 2360 S. MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That 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 the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple Family Dwelling Highest-Density) District for property located north of 2360 S. Major Drive, being Lot 5 and the north part of Lot 6, Block 7, Wescalder Fig Acres, Beaumont, Jefferson County, Texas, containing 7.436 acres, more or less, as shown on Exhibit “A,” attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance 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 29th day of August, 2023. - Mayor Roy West - 3 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Mike Harris, Director of Water Utilities MEETING DATE: August 29, 2023 REQUESTED ACTION: Council consider a resolution authorizing a contract with SETEX Construction Corp., from Beaumont for the City Wide Emergency Water Main Repairs Contract. BACKGROUND On August 15, 2023, the City of Beaumont issued a Mandatory Water Restriction as determined by Stage 3 of the Drought Contingency Plan due to the excessive heat and lack of rain. The excessive heat and lack of rain has caused multiple water mains to burst, causing blowouts throughout the City. The blowouts must be repaired immediately to conserve the already limited water consumption deemed mandatory throughout the City, along with maintaining adequate water pressure per state regulations for public health and safety. On August 16, 2023, four (4) contractors were solicited to aid with turnkey repairs on minor and major water line leaks/breaks throughout the City. One (1) contractor responded. An emergency contract has been put in place with SETEX Construction Corp., of Beaumont at an estimated cost up to $100,000.00 to complete the repairs. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS SETEX Construction Corp. Bid Proposal 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 SETEX Construction Corp., of Beaumont, Texas for the City-Wide Emergency Water Main Repairs for an estimated amount of $100,000.00. 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 29th day of August, 2023. - Mayor Roy West – 4 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: August 29, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 1 to the contract with Vortex Companies, of Houston, for the Long Street Grouting Repairs Project. BACKGROUND On May 23, 2023, by Resolution No. 23-148, City Council awarded a contract to Vortex Companies, of Houston, in the amount of $2,444,071.28, for the Long Street Grouting Repairs Project. This authorized work consisted of injecting a high-density urethane grout into the identified voids in order to stabilize the existing soil surrounding the storm line on Long Street. Proposed Change Order No. 1, in the amount of $217,303.38, is being requested to adjust the actual quantities needed to address additional voids encountered during construction. The initial survey utilizing Ground Penetrating Radar (GPR) was used to estimate the quantity of grout that was needed, however, due to the extent of the voids, and some limitations with GPR, additional grout was needed to fully stabilize the soils surrounding the storm line. No additional time is being requested with this Change Order. If approved, Change Order No. 1 will result in a new contract amount of $2,661,374.66. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. ATTACHMENTS Long Street Grouting Repairs CO1 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on May 23, 2023, the City Council of the City of Beaumont, Texas passed Resolution No. 23-148 awarding a contract in the amount of $2,444,071.28 to Vortex Companies, of Houston, Texas for the Long Street Grouting Repairs Project; and, WHEREAS proposed Change Order No. 1, in the amount of $217,303.38, is being requested to adjust the actual quantities needed to address additional voids encountered during construction, the initial survey utilizing Ground Penetrating Radar (GPR) was used to estimate the quantity of grout thereby increasing the total contract amount to $2,661,374.66; 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 Change Order No. 1, in the amount of $217,303.38 for additional work described above, thereby increasing the total contract amount to $2,661,374.66 for the Long Street Grouting Repairs Project. 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 29th day of August, 2023. - Mayor Roy West – RESOLUTION NO. 23- 148 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to award a contract to Vortex Companies, of Houston, Texas for the Long Street Grouting Repairs Project in the amount of $ 2, 444, 071. 28. 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 23rd day of May, 2023. 41MQVTIN l Mayor Roy est - 1, 1``\‘‘ t Contract - 002.001 21-Aug-2023 11:12 AM CST Long St. Storm Sewer Inspection & Repair 801 Main St. Beaumont, TX 77701 002.001: CO#002.001: Additional Grout Quantity Grand Total: $217,303.38 For 002 Long Street Grouting Repair Division 13 Line Item Type Unit price Group 3.0 Construction Scope of Work This requested change order is necessary to address additional voids encountered during construction. The initial survey utilizing ground penetrating radar (GPR) was used to estimate the quantity of grout that was needed, however, due to the extent of the voids, and some limitations with GPR, additional grout was needed to fully stabilize the soils surrounding the storm line on Long Street. Notes Awarded To Reason Code Quantity Adjustment Days Changed 0 Attachments Billing Breakdown for Beaumont (1).xlsx Change Order Summary Original Contract Sum 2,444,071.28 Substantial Completion Date Net Cost by Previous Approved COs 0.00 Net Time Change By Previous COs 0 days Contract Sum Before This CO 2,444,071.28 Substantial Completion before This CO Contract Sum Changed By This CO 217,303.38 Time Changed By This CO 0 days New Contract Sum 2,661,374.66 New Substantial Completion Date All Change Orders make up 8.89% of the Original Contract Accounting and Status Accounting Status Item Id 439 Vortex Turnkey Solutions LLC Jacob Nix 27958 Grand Total: 217,303.38 PO Number 433704 FEMA Number Accounting Project Code STLSTG Custom Accounting Field 04 Custom Accounting Field 05 Custom Accounting Field 06 Custom Accounting Field 07 Custom Accounting Field 08 Line Items Item # Account Code WBS/ Section Description Quantity UoM Unit Price Total Amount 3.0 Construction 002 01000 HIGH DENSITY URETHANE FOR GROUTING, SLAB LIFTING, VOID FILLING, PIPE SEALING, ETC 17,841.00 EA 12.00 214,092.00 003 01000 PERFORMANCE AND PAYMENT BOND 1.00 EA 3,211.38 3,211.38 Total 217,303.38 Name or Role Status Actions 1 External-GC Approved Jacob Nix 14-Aug-2023 01:33 PM CST 2 Project Manager Approved David Tingle 14-Aug-2023 01:33 PM CST 3 City Engineer Approved Amalia "Molly" Villarreal 14-Aug-2023 06:00 PM CST 4 Director Approved Bart Bartkowiak 15-Aug-2023 08:42 AM CST 5 Admin Pending 6 Assistant City Manager Waiting for previous approvals. 7 City Clerk Waiting for previous approvals. Created by: Jacob Nix on 09-Aug-2023 Last Modified by: Bart Bartkowiak on 15-Aug-2023 Approval Pending Due: 22-Aug-2023 5 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: August 29, 2023 REQUESTED ACTION: Council consider a resolution approving the emergency repair of a pump for Lawson’s Pump Station. BACKGROUND Lawson’s Pump Station pumps raw water from Bunn’s Canal to the Pine Street Surface Water Treatment Plant. The station operates three (3) vertical shaft high service pumps with variable frequency drives. On July 27, 2023, City of Beaumont Water Production personnel identified that one pump had failed and was not pumping water. The remaining pumps are operating without issues, however having a pump out of service eliminates any redundancy in pumping capacity. Triangle Rotating Equipment Specialists of Nederland, TX, was hired to extract the pump, transport it to their repair shop, disassemble and inspect the pump, and determine what repairs, if any, were required. The repair scope of work, not to exceed $65,075.00, is to check all shafts for straightness, remove and replace bushings, blast and repaint with paint compatible with drinking water standards, replace O-ring gaskets, replace suction bell strainer, field install pump, set motor, and test run start up. The work is expected to be completed before the end of August. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. ATTACHMENTS Lawsons Pump Station Emergency Repair 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 approve the emergency repair of a pump for Lawson’s Pump Station in an amount to not exceed $65,075.00. 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 29th day of August, 2023. - Mayor Roy West – 6 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Kenneth Williams, City Manager MEETING DATE: August 29, 2023 REQUESTED ACTION: Council to consider re-wording Proposition A and eliminating Proposition B on the City of Beaumont Charter changes. BACKGROUND On August 15, 2023, the Council approved Charter Propositions for a Special Election to be held on November 7, 2023. Councilmembers Feldschau and Durio are requesting that Proposition B be eliminated, and Proposition A to read as follows: "Shall the City Charter of the City of Beaumont be amended to increase City Council terms from two (2) years to four (4) years with a three-term limit totaling twelve (12) years per office." FUNDING SOURCE None RECOMMENDATION Approval of the Ordinance ATTACHMENTS Ordinance ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING PROPOSTION A AND ELIMINATING PROPOSITION B OF THE CITY OF BEAUMONT CHARTER CHANGES. BE IT ORDAINED BY THE CITY OF BEAUMONT: WHEREAS, on August 15, 2023, the City Council approved Ordinance No. 23-061 adopting Charter Change Propositions for a Special Election to be held on November 7, 2023; and, WHEREAS, Councilmember-At-Large Feldschau and Councilmember Durio are requesting that Proposition B be eliminated, and Proposition A, be amended to read as follows: “Shall the City Charter of the City of Beaumont be amended to increase City Council terms from two (2) years to four (4) with a three-term limit totaling twelve (12) years per office. The offices being Mayor, At-Large, and Councilmember.” The meeting at which this ordinance 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 29th day of August, 2023. - Mayor Roy West - PUBLIC HEARING Council to conduct a Joint Public Hearing on the proposed FY 2024 Budget and the proposed 2024 Capital Program and at the conclusion of the hearing take action to postpone the final vote on the proposed FY 2024 Budget until September 12, 2023. 7 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: August 29, 2023 REQUESTED ACTION: Council hold a Joint Public Hearing on the proposed FY 2024 Budget and the proposed 2024 Capital Program and at the conclusion of the hearing take action to postpone the final vote on the proposed FY 2024 Budget until September 12, 2023. BACKGROUND The proposed FY 2024 Budget was submitted to Council on August 15, 2023, and a work session was held on August 8, 2023. The proposed 2024 Capital Program was originally submitted on May 15, 2023, and again with the proposed budget on August 15, 2023. The notice of the public hearings on the Budget and Capital Program were published on August 17, 2023. Local Government Code, Section 102.007 states that at the conclusion of the public hearing, the governing body of the municipality shall take action on the proposed budget. Council should take action to postpone the final vote on the proposed budget until September 12, 2023. FUNDING SOURCE Not applicable. RECOMMENDATION Hold the Joint Public Hearing. ATTACHMENTS PUBLIC HEARING Council to conduct a public hearing and consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive funds for the Zip. 8 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: August 29, 2023 REQUESTED ACTION: Council conduct a public hearing and consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive funds for the Zip. BACKGROUND The Zip, formerly known as Beaumont Municipal Transit, provides public transportation services for residents and visitors in the City of Beaumont. The Zip headquarters needs a roof replacement and two (2) new HVAC units. The FTA has issued a “FY 2023 Emergency Relief Grants for Public Transportation Systems Affected by Major Declared Disasters in Calendar Years 2017, 2020, 2021, and 2022. The cost to replace the roof and HVAC units is in the total amount of $840,000. This grant is a chance for the City of Beaumont to secure up to 80% of the funding covered by FTA in the amount of $672,000 and TXDOT Transportation Development Credits to cover the remaining 20% in the amount of $168,000. TXDOT has committed the credits to the City should we be awarded the grant. FUNDING SOURCE Federal Transit Administration and Transportation Development Credits. Source Amount Federal Transit Administration $672,000 Transportation Development Credits $168,000 City $0 Total: $840,000 RECOMMENDATION Conduct the public hearing and approve the resolution. ATTACHMENTS Beaumont Transit Roof Replacement Letter Beaumont Transit HVAC Replacement Letter TxDOT Letter 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 submit a grant application, and execute a contract with the Federal Transit Administration to receive funds for the Zip. 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 29th day of August, 2023. - Mayor Roy West – DocuSign Envelope ID: 7C894FB8-0EB9-459F-AA81-ED9F0F30CF92 125 EAST 11TH STREET, AUSTIN, TEXAS 78701-2483 | 512.463.8588 | WWW.TXDOT.GOV August 14, 2023 Demi Engman Planning Manager City of Beaumont PO Box 3827 Beaumont, Texas 77704 Dear Ms. Engman: The Public Transportation Program managed by the Public Transportation Division (PTN) of Texas Department of Transportation (TxDOT) was allocated 15,000,000 Transportation Development Credits (TDC) for distribution to eligible projects by the Texas Transportation Commission (commission) in Minute Order 116292 for state fiscal year 2023. PTN has reviewed the City of Beaumont’s project to be submitted for the FY 2023 Emergency Relief Program Notice of Funding Opportunity for the Beaumont Urbanized area and finds that the project is eligible for TDC. If funds are awarded, PTN will take necessary actions to award an amount of up to 168,000 TDC for use as match. PTN has considered the potential of the projects to expand the availability of funding for public transportation projects and finds that the project meets the established goals set forth in Title 43, Texas Administrative Code, §5.102 to support public transit and maximize the use of available federal funds, particularly in situations in which federal funds otherwise would be unused because of the inability to provide the non-federal share. If you have any questions or require additional information, please contact Justin Lawson at 512- 884-8051. Sincerely, Eric L. Gleason Director, Public Transportation Division CC: Donna Roberts, Program Services Section Director, TxDOT Linda Hernandez, Program Manager Lead, TxDOT Justin Lawson, Program Manager, TxDOT Bul Mabil, Public Transportation Coordinator, TxDOT OUR VALUES: People • Accountability • Trust • Honesty OUR MISSION: Connecting You With Texas An Equal Opportunity Employer