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HomeMy WebLinkAbout11/07/2023 PACKET BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, NOVEMBER 07, 2023 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS RECOGNITIONS Communications Update PUBLIC COMMENT ON AGENDA/CONSENT Persons may speak on the Consent Agenda and Regular Agenda Items 1-4 (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 October 31, 2023, City Council Meeting Minutes B. Council to consider a resolution appointing Tim Sudela to the Board of Appeals. C. Council to consider the appointments to the Parks and Recreation Advisory Committee. D. Council to consider appointments to the Animal Care Advisory Board. E. Council to consider appointments to the Community Development Advisory Committee. F. Council to consider appoints to the Historic Landmark Commission. G. Council to consider appointments to the Library Commission. H. Council to consider appointments to the Planning and Zoning Commission. I. Council to consider appointments to the Police Department Community Advisory Committee. J. Council to consider appointments to the Convention and Tourism Advisory Board. K. Council consider a resolution authorizing the settlement of the claim of Tiffany Simpson L. Council to consider authorizing settlement of the claim of Stella DeBlanc. M. Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement with Julia Ruth Brower Steinhagen. N. Council consider a resolution authorizing the acceptance of three (3) ten foot (10') wide Exclusive Water Line Easements with LaBelle Park, LP. O. Council to consider the granting the City Manager approval to execute an amendment to the ZeroParks Management LLC Industrial District Agreement (IDA). REGULAR AGENDA I. Council consider a resolution authorizing the purchase of one (1) digester blower, motor, and skid for the Wastewater Treatment Plant. 2. Council consider a resolution authorizing the City Manager to award a contract to ALLCO, LLC, of Beaumont, for the Street Rehabilitation Citywide — Phase V (REBID) Project. 3. Council consider a resolution renewing a contract with TMT Utilities, Inc., for the Citywide Emergency Water Main Repairs II. PUBLIC HEARING • Council to conduct a Public Hearing authorizing Zip to implement the Qualified Veterans Pass Program. REGULAR AGENDA 4. Council consider an ordinance authorizing implementation of the Qualified Zip Veterans Pass Program. COUNCIL COMMENTS EXECUTIVE SESSION • Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: The Claim of Jazma Watson • Consider matters related to the deliberation of the purchase, exchange, lease 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 at HEFLERBOWER & SCOTT LOT D, B27 PT LOT A, B28 12.424 AC NE PT LT A, B28 25.5A, Beaumont, Jefferson County, Texas. 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:November 7, 2023 REQUESTED ACTION:Council to Consider approving the October 31, 2023, City Council Meeting Minutes BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the Minutes ATTACHMENTS Minutes - October 31, 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 IIIOCTOBER 31, 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 October 31, 2023, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Proclamations, Presentation and Recognition Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-5 (or any other topic). Items 6-9 have already been heard in a public hearing; therefore, citizens can’t speak on those items. Mayor West called the council meeting to order at 1:30 p.m. Pastor Roderick Bluiett with New Horizons 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 Tem Turner (arrived at 1:38 p.m.), 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 “National Family Literacy Day ” – November 1, 2023 – Proclamation read by Tina Broussard, City Clerk; accepted by Camille Briggs, Public and Government Affairs, Exxon Mobil, along with others. Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-5 (or any other topic). Items 6-9 have already been heard in a Public Hearing; therefore, citizens can’t speak on those items. (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov Bruce Semien5680 ShiversBeaumont TX Mary Williams9380 Riggs Beaumont TX Minutes – October 31, 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 approving the October 24, 2023, City Council meeting minutes. B.Council to consider appointments to the Community Development Advisory Committee – Resolution 23-311 C.Council to consider the appointment of Hester Bell to the Historic Landmark Commission - Resolution 23-312 D.Council to consider the appointment of Kunwoo Choi to the Library Commission - Resolution 23-313 E.Council to consider the appointment of Tom Noyola to the Planning and Zoning Commission - Resolution 23-314 F.Council to consider appointments to the Police Department Community Advisory Committee - Resolution 23-315 G.Council to consider the appointment of Dayna Simmons to the Convention and Tourism Advisory Board - Resolution 23-316 H.Council to consider a resolution approving the purchase of protective bunker gear for use in the Fire Department - Resolution 23-317 I.Council to consider a resolution approving the purchase of Self-Contained Breathing Apparatus (SCBA) for use by the Fire Department - Resolution 23-318 Councilmember Samuel 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 a resolution authorizing the City Manager to execute Change Order No. 1 to the contract with Callan Marine, Ltd., of Galveston, for the Riverfront Park Restoration Project. On January 24, 2023, by Resolution No. 23-030, the City Council awarded a contract to Callan Marine, of Galveston, in the amount of $16,879,376.00, for the Riverfront Park Restoration Project. This authorized work consisted of the installation of a new sheet pile Minutes – October 31, 2023 wall, dredging, demolition, a new concrete dock, subsurface drainage, civil site work, a new retaining wall outfall, restoration of 2-48” drain lines, sidewalks, handrails, irrigation, repairs to the pavilion roofs, electrical and lighting work and miscellaneous park items as called out in the plans. Proposed Change Order No. 1, in the amount of $159,745.46, is being requested to remove and properly dispose of substantial amounts of unforeseen buried concrete debris, a brick wall structure, and buried creosote pilings. The debris and pilings were discovered once construction began, despite several surveys to identify any potential conflicts to the new improvements. This debris conflicts with placement of both the ACBM mat and the bulkhead wall on the north end of the Riverfront Park and must be removed and properly disposed of for construction to continue. Twelve (12) additional calendar days are being requested with this Change Order. If approved, Change Order No. 1 will result in a new contract amount of $17,039,121.46. Funds will come from the Capital Program in the amount of $581,729.86, Texas Division of Emergency Management (TDEM) in the amount of $1,265,953.20, and Federal Emergency Management Agency (FEMA) in the amount of $15,191,438.40. Councilmember Getz 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 $159,745.46 FOR ADDITIONAL WORK, THERE BY INCREASING THE TOTAL CONTRACT AMOUNT TO $17,039,121.46 FOR THE RIVERFRONT PARK RESTORATION PROJECT. Councilmember Feldschau seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 23-319 2.Council to consider a resolution approving the purchase of twelve (12) vehicles for use in various City departments. 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 2007-2016. 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 in the amount of $1,202,854.64. 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. Minutes – October 31, 2023 Funds will come from the Capital Reserve Fund: $804,751.07 and the Water Fund: $398,103.57. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF TWELVE (12) VEHICLES FOR USE IN VARIOUS CITY DEPARTMENTS FROM SILSBEE FORD, OF SILSBEE, TEXAS IN THE AMOUNT OF $1,202,854.64 THROUGH THE GOODBUY PURCHASING COOPERATIVE. Councilmember Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 23-320 3.Council to consider a resolution authorizing the City Manager to execute Change Order No. 3 to the contract with Allco, LLC, for the Collier’s Ferry Pump Station Project. Previous Change Order Nos. 1-2, in the amount of $171,835.00. Proposed Change Order No. 3, in the amount of $12,218.71, is required to remove trees in close proximity to the proposed meter pad location. Brush has been removed from the area per the contract, but once the meter pad location was staked out, it was discovered that additional clearing is required. This additional clearing is to accommodate the necessary over-excavation for the concrete pad that requires up to 15 trees be removed to allow for proper construction of the subgrade and foundation. Moving the pad to avoid removal of the trees would require of the 48” water main and would reduce the area in front of the pump station to be used by vehicles and other equipment. This change order covers the work required by Allco’s subcontractor, Justin’s Tree Service & Stump Grinding, to remove trees and grind stumps. No additional days will be added to the contract for the additional work. If approved, Change Order No. 3 will result in a new contract amount of $25,272,312.71. Funds will come from the Capital Program and FEMA. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 3, IN THE AMOUNT OF $12,218.71 FOR ADDITIONAL WORK, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $25,272,312.71 FOR THE COLLIER’S FERRY PUMP STATION PROJECT. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 23-321 Minutes – October 31, 2023 4.Council to consider a resolution authorizing the purchase and installation of a PAX PWM250 mixer assembly for use at the Southwest Elevated Storage Tank. The Southwest Elevated Storage Tank currently does not have a tank mixer. A tank mixer can improve disinfectant residual control, reduce tank corrosion, eliminate stratification, reduce disinfection byproducts and reduce water age by thoroughly circulating water within the tank. The total pricing for the mixer assembly and installation in the amount of $56,630.00 was obtained from PAX Water Technologies Inc., of Chicago, a sole source provider of the patented equipment. Funds will come from the Capital Program - Water Production Systems. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE THE PURCHASE AND INSTALLATION OF A PAX PWM 250 MIXER ASSEMBLY FOR USE AT THE SOUTHWEST ELEVATED STORAGE TANK IN THE AMOUNT OF $56,630.00 FROM PAX WATER TECHNOLOGIES, INC., OF CHICAGO, ILLINOIS. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 23-322 5.Council to consider the adoption of a Naming Policy ordinance. The City of Beaumont currently does not have a formal process naming/renaming new and existing properties. The proposed ordinance will establish an objective process and allow for more transparency. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS ESTABLISHING AND ADOPTING A POLICY REGARDING THE NAMING RIGHTS OF CITY PARKS, FACILITIES, STRUCTURES, RESOURCES, AND OTHER CITY PROPERTIES. Councilmember Feldschau seconded the motion. Councilmember Getz moved to amend his previous motion amending Section 14.07.003; Naming Consideration, Section 2 (A) (V) to say “The honor must be posthumous; this requirement shall only apply to City Buildings, Facilities and Parks. Councilmember Feldschau seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE Minutes – October 31, 2023 MOTION PASSED ORDINANCE 23-082 6.Council to consider a request for a Specific Use Permit and a Rezone from RCR-H (Residential Conservation Revitalization-Historic) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District to allow a motor vehicle dealer for property located at 2190 Calder Avenue. Mohammad Mukhtar is requesting a Rezone with a Specific Use Permit to allow a motor vehicle dealer at 2190 Calder Avenue. The subject property is located at the southeast corner of the intersection at McFaddin Avenue and N. 6th Street and is to be rezoned from RCR-H (Residential Conservation Revitalization-Historic) District to GC-MD-2 (General Family Dwelling-2) District. Rezoning this property to GC- MD-2 is consistent with the adjoining zoning district and allows for conditions that can provide a buffer for surrounding residential properties. Prior to a Certificate of Occupancy, an 8’ wood or masonry privacy fence will be required for the entire length of the eastern property line to serve as a buffer from the residences to the east. Additionally, all lighting must be directional and shielded from all residential properties. At a Joint Public Hearing held on October 16, 2023, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit and a Rezone from RCR-H (Residential Conservation Revitalization-Historic) District to GC-MD-2 (General Commercial Multiple Family Dwelling-2) District to allow a motor vehicle dealer for property located at 2190 Calder Avenue, with the following conditions: 1.All lighting installed must be directional and shielded from all residential properties to the northwest, north and east. 2.Shall install 8’ wood or masonry fence along the entire length of the eastern property line. 3.All business operations shall be in compliance with Section 28.04.007 Performance Standards. 4.No permanent structures or appurtenances shall be placed within the easement, alleyway or right-of-way property. 5.The motor vehicle dealer business shall only operate between the hours of 8 a.m. to 7 p.m. Planning Staff received protest from more than 20% of the area of the lots within two hundred (200) feet immediately adjoining the property where the Rezone and Specific Use Permit is proposed. As a result, the City Council shall not approve a Specific Use Permit or Rezone, except by the favorable vote of three-fourths (3/4) of all the members of council as required in Section 28.02.008 of the City’s Code of Ordinances. Approval of the ordinance, with the following conditions: Minutes – October 31, 2023 1.All lighting installed must be directional and shielded from all residential properties to the northwest, north and east. 2.Shall install 8’ wood or masonry fence along the entire length of the eastern property line. 3.All business operations shall be in compliance with Section 28.04.007 Performance Standards. 4.No permanent structures or appurtenances shall be placed within the easement, alleyway or right-of-way property. 5.The motor vehicle dealer business shall only operate between the hours of 8 a.m. to 7 p.m. Councilmember Getz moved to DENY AN ORDINANCE 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 RCR-H (CONSERVATION REVITALIZATION-HISTORIC) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 2190 CALDER ANVENUE, BEAUMONT, JEFFERSON COUNTY, TEXAS, PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE ROLL CALL VOTE TO DENY ZONE CHANGE M AYOR W EST - Y ES C OUNCILMEMBER F ELDSCHAU-Y ES M AYOR P RO T EM T URNER - Y ES C OUNCILMEMBER S AMUEL - N O C OUNCILMEMBER D URIO - Y ES C OUNCILMEMBER N EILD - Y ES C OUNCILMEMBER G ETZ – Y ES MOTION DENIED Councilmember Getz moved to DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MOTOR VEHICLE DEALER IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 2190 CALDER AVENUE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Feldschau seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE ROLL CALL VOTE TO DENY SPECIFIC USE PERMIT M AYOR W EST - Y ES C OUNCILMEMBER F ELDSCHAU - Y ES Minutes – October 31, 2023 M AYOR P RO T EM T URNER - Y ES C OUNCILMEMBER S AMUEL - N O C OUNCILMEMBER D URIO - Y ES C OUNCILMEMBER N EILD - Y ES C OUNCILMEMBER G ETZ – Y ES MOTION DENIED 7.Council to consider a request for a Rezoning from GC-MD (General Commercial-Multiple Family Dwelling) District to RS (Residential Single-Family Dwelling) District or a more restrictive district for property located at 5090 Concord Road. Faust Engineering, on behalf of Donald Wise, requests a Rezoning of property located 5090 Concord Road from GC-MD (General Commercial-Multiple Family Dwelling) District to RS (Residential Single-Family Dwelling) District. Mr. Wise intends to develop townhomes for residential use. According to our City’s Comprehensive Plan the property is located within the “Stable Area.” Such areas are “built up areas which are generally characterized by good to excellent structural conditions and neighborhoods that are free from blighting influences such as incompatible land uses, dilapidated and delict buildings and deteriorated or poor public infrastructure. Vacant parcels which may exist are good to excellent development sites.” This request appears to align with our City’s Comprehensive Plan of Beaumont. At a Joint Public Hearing held on October 16, 2023, the Planning Commission recommended 7:0 to approve the request for a Rezoning from GC-MD (General Commercial-Multiple Family Dwelling) District to RS (Residential Single-Family Dwelling) District or a more restrictive district for property located at 5090 Concord Road. Councilmember Feldschau moved to ADOPT AN ORDINANCE 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 GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT OR A MORE RESTRICTIVE DISTRICT FOR PROPERTY LOCATED AT 5090 CONCORD ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED ORDINANCE 23-083 C OUNCILMEMBER S AMUEL LEFT THE MEETING AT 3:058 P.M. 8.Council to consider a request for a Specific Use Permit to allow a worship facility in the GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 7285 Calder Avenue. Minutes – October 31, 2023 Pastor Carlton Sharp requests approval of a Specific Use Permit for a worship facility to be located at 7285 Calder Avenue. The GC-MD-2 zoning district requires a Specific Use Permit for all new land uses proposed. The facility will be owned by Faith Christian Center Church and the project will include a church and family life center. The hours of operation will be Monday to Friday, 8 a.m. to 5 p.m. with Wednesdays to have extended hours from 7 p.m. to 10 p.m. and Sundays from 8 a.m. to 12 p.m. There will be four (4) full-time employees and six (6) part-time employees. This facility will host community outreach programs such as food giveaways, youth programs, back to school programs and enrichment seminars. At a Joint Public Hearing held on October 16, 2023, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a worship facility in the GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 7285 Calder Avenue, with the following conditions: 1.Construction plans shall comply with all applicable Building, Health and Fire Codes and Landscaping requirements. 2.Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back- flow, pre-treatment and/or FOG program. 3.No permanent structures or appurtenances shall be placed within the easement property. 4.Shall submit a drainage and parking lot plan to include proper storm sewer design, delineated parking spaces and erosion control measures for the proposed and future parking lot. 5.Relocate the dumpster for easier access by the garbage truck. Approval of the ordinance, with the following conditions: 1.Construction plans shall comply with all applicable Building, Health and Fire Codes and Landscaping requirements. 2.Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back- flow, pre-treatment and/or FOG program. 3.No permanent structures or appurtenances shall be placed within the easement property. 4.Shall submit a drainage and parking lot plan to include proper storm sewer design, delineated parking spaces and erosion control measures for the proposed and future parking lot. 5.Relocate the dumpster for easier access by the garbage truck. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A WORSHIP FACILITY IN THE GC-MD-2 (GENERAL COMMERCIAL- Minutes – October 31, 2023 MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 7285 CALDER AVENUE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Feldschau seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, AND NEILD NAYS:NONE MOTION PASSED ORDINANCE 23-084 C OUNCILMEMBER S AMUEL RETURNED TO THE MEETING AT 3:10 P.M. 9.Council to consider a request for a Specific Use Permit to allow a drinking place in the GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 2576 Interstate 10 East. Jimmy Jasani requests approval for a Specific Use Permit to allow a drinking place located at 2576 Interstate 10 East. This suite has an existing Certificate of Occupancy to operate a hookah lounge and the applicant wishes to add a bar with extended hours until 2 a.m. to it. Additional information regarding the operations of the business was not disclosed to staff. This property is in close proximity to city-owned property to the north, hotels to the west, a church and city-owned park to the east, and two (2) high density apartments located off Sweet Gum Lane. In regard to consideration of safety, 911 reports indicate from January 1, 2020, to March 28, 2023, there have been two-hundred nineteen (219) calls made in relation to the suites within the Town Center Shops Plaza. In efforts to keep this shopping center safe for patrons and surrounding properties, a drinking place may not be a compatible use at this location. At a Joint Public Hearing held on October 16, 2023, the Planning Commission recommended 7:0 to deny the request for a Specific Use Permit to allow a drinking place in the GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 2576 Interstate 10 East. While this request is not recommended by staff or the Planning Commission, should the City Council choose to approve the Specific Use Permit, staff would recommend the following conditions: 1.Shall be in compliance with Section 28.04.007 Performance Standards. 2.Operational hours shall not exceed 10:00 p.m. on Sundays. 3.Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back- flow, pre-treatment and/or FOG program. Minutes – October 31, 2023 4.Construction plans and operations shall comply with applicable Health, Building and Fire Codes and requirements. Denial of the ordinance. Should City Council choose to approve the Specific Use Permit, staff would recommend the following conditions: 1.Shall be in compliance with Section 28.04.007 Performance Standards. 2.Operational hours shall not exceed 10:00 p.m. on Sundays. 3.Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back- flow, pre-treatment and/or FOG program. 4.Construction plans and operations shall comply with applicable Health, Building and Fire Codes and requirements. Approval of the ordinance, with the following conditions: 1.Shall be in compliance with Section 28.04.007 Performance Standards. 2.Operational hours shall not exceed 10:00 p.m. on Sundays. 3.Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back- flow, pre-treatment and/or FOG program. 4.Construction plans and operations shall comply with applicable Health, Building and Fire Codes and requirements. Councilmember Neild moved to DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE IN A GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2576 INTERSATE 10 EAST, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION DENIED WORKSESSION Council to review and discuss whether to split the Parks and Recreation Advisory Committee into two separate committees. Minutes – October 31, 2023 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 C OUNCILMEMBER T EM D URIO - C OUNCILMEMBER G ETZ - M AYOR P RO T EM T URNER - C OUNCILMEMBER F ELDSCHAU - C OUNCILMEMBER S AMUEL - C OUNCILMEMBER N EILD - C ITY A TTORNEY R EED – PW D IRECTOR B ARTKOWIAK – ACM B OONE – ACM E LLIS - C ITY C LERK B ROUSSARD - C ITY M ANAGER W ILLIAMS - M AYOR W EST – With there being no Executive Session, Council adjourned at 3:28 p.m. Roy West, Mayor Tina Broussard, City Clerk Minutes – October 31, 2023 B TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:November 7, 2023 REQUESTED ACTION:Council to consider a resolution appointing Tim Sudela to the Board of Appeals. BACKGROUND Mayor West appoints Tim Sudela. The term shall begin on November 7, 202, and expire September 30, 2025. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Tim Sudela is appointed to the Board of Appeals by Mayor Roy West. The term will commence November 7, 2023, and expire September 30, 2025. 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 7th day of November, 2023. _______________________________ - Mayor Roy West - C TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:November 7, 2023 REQUESTED ACTION:Council to consider the appointments to the Parks and Recreation Advisory Committee. BACKGROUND Councilmen Feldschau appoints Danielle Sutton, Councilmen Neild appoints Vivian Todd, and Mayor West appoints Ashley Richard. The term for each shall begin on November 7, 2023, and expire September 30, 2025. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Danielle Sutton is appointed to the Parks and Recreation Advisory Committee by Councilmember Randy Feldschau. The term will commence November 7, 2023, and expire September 30, 2025; and, THAT Vivian Todd is appointed to the Parks and Recreation Advisory Committee by Councilmember Taylor Neild. The term will commence November 7, 2023, and expire September 30, 2025; and, THAT Ashley Richard is appointed to the Parks and Recreation Advisory Committee by Mayor Roy West. The term will commence November 7, 2023, and expire September 30, 2025. 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 7th day of November, 2023. _______________________________ - Mayor Roy West - D TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:November 7, 2023 REQUESTED ACTION:Council to consider appointments to the Animal Care Advisory Board. BACKGROUND Mayor West appoints Matthew Fortenberry, Maryjane Benning, Ann Reynolds, Tom Swope, and Debbie Rogers. The term for each shall begin on November 7, 2023, and expire on September 30, 2025. FUNDING SOURCE Not applicable RECOMMENDATION None. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Matthew Fortenberry (Animal Care Manager), Maryjane Benning (Humane Society Representative), Ann Reynolds (Resident-at-large), Tom Swope (Police Department Representative), Debbie Rogers (Resident-at-large), and Sam Parigi (Resident-at-large) are appointed to the Animal Care Advisory Board by Mayor Roy West. Their terms will commence on November 7, 2023, and expire September 30, 2025. 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 7th day of November, 2023. _______________________________ - Mayor Roy West - E TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:November 7, 2023 REQUESTED ACTION:Council to consider appointments to the Community Development Advisory Committee. BACKGROUND Councilmen Neild appoints Pat Anderson and Mayor West appoints Norma Sampson, Delilah Johnson, and Demetria Holloway. The term for each shall begin on November 7, 2023, and expire on September 30, 2025. FUNDING SOURCE Not applicable RECOMMENDATION None ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Pat Anderson is appointed to the Community Development Advisory Committee by Councilmember Taylor Neild. The term will commence November 7, 2023, and expire September 30, 2025; and, THAT Norma Sampson, Delilah Johnson, and Demetria Holloway are appointed to the Community Development Advisory Committee by Mayor Roy West. Their terms will commence on November 7, 2023, and expire September 30, 2025. 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 7th day of November, 2023. _______________________________ - Mayor Roy West - F TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:November 7, 2023 REQUESTED ACTION:Council to consider appoints to the Historic Landmark Commission. BACKGROUND Councilmen Neild appoints John Berube. Mayor West appoints Lynda Kay Makin, Dohn LaBichie, and Theresa Goodness. The term for each shall begin on November 7, 2023, and expire on September 30, 2025. FUNDING SOURCE Not applicable RECOMMENDATION None ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT John Berube is appointed to the Historic Landmark Commission by Councilmember Taylor Neild. The term will commence November 7, 2023, and expire September 30, 2025; and, THAT Christina Crawford, Lynda Kay Makin, Dohn LaBiche, and Theresa Goodness are appointed to the Historic Landmark Commission by Mayor Roy West. Their terms will commence on November 7, 2023, and expire September 30, 2025. 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 7th day of November, 2023. _______________________________ - Mayor Roy West - G TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:November 7, 2023 REQUESTED ACTION:Council to consider appointments to the Library Commission. BACKGROUND Councilmen Neild appoints Dora Nisby. Mayor West appoints Sarah Tusa and Elaine Wikstrom. The term for each shall begin on November 7, 2023, and expire on September 30, 2025. FUNDING SOURCE Not applicable RECOMMENDATION None ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Dora Nisby is appointed to the Library Commission by Councilmember Taylor Neild. The term will commence November 7, 2023, and expire September 30, 2025; and, THAT Sarah Tusa and Elaine Wikstrom are appointed to the Library Commission by Mayor Roy West. Their term will commence November 7, 2023, and expire September 30, 2025. 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 7th day of November, 2023. _______________________________ - Mayor Roy West - H TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:November 7, 2023 REQUESTED ACTION:Council to consider appointments to the Planning and Zoning Commission. BACKGROUND Councilmen Neild appoints Spencer Jabbia. Mayor West appoints Lynda Kay Makin, Eddie Senigaur, M.S. Shawn Javed, Erika Harris (alternate), and Rogers Sorrell (alternate). The term for each shall begin on November 7, 2023, and expire on September 30, 2025. FUNDING SOURCE Not applicable RECOMMENDATION None ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Spencer Jabbia is appointed to the Planning and Zoning Commission by Councilmember Taylor Neild. The term will commence November 7, 2023, and expire September 30, 2025; and, THAT Ashley Richard, Lynda Kay Makin, Eddie Senigaur, M.S. Shawn Javed, Ericka Harris (Alternative), and Rogers Sorrell (Alternative) are appointed to the Planning and Zoning Commission by Mayor Roy West. Their terms will commence on November 7, 2023, and expire September 30, 2025. 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 7th day of November, 2023. _______________________________ - Mayor Roy West - I TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:November 7, 2023 REQUESTED ACTION:Council to consider appointments to the Police Department Community Advisory Committee. BACKGROUND Councilmen Neild appoints Rodney Robichau and Glen Johnson. Mayor West appoints Dwight Benoit, Will Landry, and M.S. Shawn Javed. The term for each shall begin on November 7, 2023, and expire on September 30, 2025. FUNDING SOURCE Not applicable RECOMMENDATION None ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Rodney Robichau and Glen Johnson are appointed to the Police Department Community Advisory Committee by Councilmember Taylor Neild. Their terms will commence on November 7, 2023, and expire September 30, 2025; and, THAT Dwight Benoit, Will Landry, and M.S. Shawn Javed are appointed to the Police Department Community Advisory Commission by Mayor Roy West. Their terms will commence on November 7, 2023, and expire September 30, 2025. 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 7th day of November, 2023. _______________________________ - Mayor Roy West - J TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:November 7, 2023 REQUESTED ACTION:Council to consider appointments to the Convention and Tourism Advisory Board. BACKGROUND Councilmen Neild appoints Mac McDonald and Bobby Beaver. Mayor West appoints Camille Briggs and Jim Broussard. The term for each shall begin on November 7, 2023, and expire on September 30, 2025. FUNDING SOURCE Not applicable RECOMMENDATION None ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Marc McDonald and Bobby Beaver are appointed to the Convention and Tourism Advisory Board by Councilmember Taylor Neild. Their terms will commence on November 7, 2023, and expire September 30, 2025; and, THAT Camille Briggs and Jim Broussard are appointed to the Convention and Tourism Advisory Board by Mayor Roy West. Their terms will commence on November 7, 2023, and expire September 30, 2025. 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 7th day of November, 2023. _______________________________ - Mayor Roy West - K TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:November 7, 2023 REQUESTED ACTION:Council consider a resolution authorizing the settlement of the claim of Tiffany Simpson. BACKGROUND The claim of Tiffany Simpson was presented and discussed in Executive Session held on October 24, 2023. The City Attorney is requesting authority to settle this suit in the amount of $250,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. ATTACHMENTS RESOLUTION NO. WHEREAS, the claim of Tiffany Simpson was discussed in Executive Session properly called and held on Tuesday, October 24 NOW, THEREFORE, BE IT THAT the statements and findings set out in the preamble to this resolution are hereby, in THAT the City Attorney be, and is hereby, authorized to settle the claim of Tiffany Simpson for the sum of Two Hundred and Fifty Thousand, and 0/100 Dollars ($250,000.00) BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to e The meeting at which this resolution was approved was in all things conducted in strict PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of November, 2023. _______________________________ - Mayor Roy West - L TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:November 7, 2023 REQUESTED ACTION:Council to consider authorizing settlement of the claim of Stella DeBlanc. BACKGROUND The claim of Stella DeBlanc was presented and discussed in Executive Session on October 24, 2023. The City Attorney is requesting authority to settle this claim in the amount of $40,000.00 FUNDING SOURCE General Liability Fund RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. WHEREAS, the claim of Stella DeBlanc was discussed in Executive Session properly called and held on Tuesday, October 24 NOW, THEREFORE, BE IT THAT the statements and findings set out in the preamble to this resolution are hereby, in THAT the City Attorney be, and is hereby, authorized to settle the claim of Stella DeBlanc for the sum of Forty Thousand, and 0/100 Dollars ($40,000.00) BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to e The meeting at which this resolution was approved was in all things conducted in strict PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of November, 2023. _______________________________ - Mayor Roy West - M TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:November 7, 2023 REQUESTED ACTION:Council consider a resolution authorizing the acceptance of a ten foot (10’) wide Exclusive Water Line Easement with Julia Ruth Brower Steinhagen. BACKGROUND Julia Ruth Brower Steinhagen has agreed to convey a ten foot (10’) wide exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 0.052 acre tract of land out of the C. Williams League, Abstract No. 59. The easement is for TxDOT’s I-10/US-69 Interchange Project. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS Water Line Easement - Julia Steinhagen RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Julia Ruth Brower Steinhagen has agreed to convey a one (1) foot ten (10) inch wide Water Line Easement to the City of Beaumont, said easement being a 0.052-acre tract of land out of the C. Williams league, Abstract No. 59 for TxDOTs I-10/US-69 Interchange Project; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same 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 said above-described easement conveyed from Julia Ruth Brower Steinhagen, be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of November, 2023. _______________________________ - Mayor Roy West - N TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:November 7, 2023 REQUESTED ACTION:Council consider a resolution authorizing the acceptance of three (3) ten foot (10’) wide Exclusive Water Line Easements with LaBelle Park, LP. BACKGROUND Labelle Park, LP has agreed to convey three (3) ten foot (10’) wide exclusive Water Line Easements to the City of Beaumont. The easements are described as being a 0.062 acre tract part of Lots 1-2, Block 2, Labelle Park Phase Two, a 0.109 acre tract part of Lots 1-4, Block 1, Labelle Park, and a 0.033 acre tract part of Lot 1, Block 1, Southwest Plaza, Section 1 with all three tracts being situated in the C. Williams League, Abstract No. 59. The easement is for TxDOT’s I-10/US-69 Interchange Project. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS Water Line Easement - LaBelle Park LP RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Labelle Park, LP has agreed to convey a three (3) foot ten (10) inch wide Water Line Easement to the City of Beaumont, said easement being a 0.062 acre tract part of Lots 1-2, Block 2, Labelle Park Phase Two, a 0.109 acres tract part of Lots 1-4, Block 1, Labelle Park, and a 0.033 acre tract part of Lot 1, Block 1, Southwest Plaza, Section 1 with all three (3) tracts being situated in the C. Williams League, Abstract No. 59, as described in Exhibit , and attached hereto, to the City of Beaumont for TxDOTs I-10/US-69 Interchange Project; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same 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 said above-described easement conveyed from Labelle Park, LP, be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of November, 2023. _______________________________ - Mayor Roy West - O TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:November 7, 2023 REQUESTED ACTION:Council to consider the granting the City Manager approval to execute an amendment to the ZeroParks Management LLC Industrial District Agreement (IDA). BACKGROUND On April 4, 2023, Council approved the City Manager to execute an IDA with ZeroParks Management LLC. The amendment will include ZeroPark I, LLC a sister company of ZeroParks Management LLC. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS Contract amendment. 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 and execute an amendment to the ZeroParks Management, LLC Industrial District Agreement (IDA). 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 7th day of November, 2023. _______________________________ - Mayor Roy West - AMENDMENT TO INDUSTRIAL DISTRICT AGREEMENT This Amendment to Industrial District (“Amendment”) is entered into this ______ day of ____________, 2023 by and between the City of Beaumont, Texas and Zero Parks Management, LLC, RECITALS WHEREAS, The Beaumont City Council approved the City Manager to execute an Industrial District Agreement (“IDA”) on April 4, 2023; and, WHEREAS, Zero Parks Management, LLC is a Delaware limited liability company, the correct spelling of which is “ZeroParks Management, LLC (with no space between “Zero” and “Park”); and, WHEREAS, the business entity authorized to conduct business in Texas and the owner of improvements subject to tax abatement agreements with local taxing entities is ZeroPark I, LLC, a sister company of ZeroParks Management, LLC; and, WHEREAS, the City of Beaumont and ZeroParks Management, LLC desire to amend the Agreement to include ZeroPark I, LLC as a party. NOW, THEREFORE, the City of Beaumont, ZeroParks Management, LLC and ZeroPark I, LLC agree that the Agreement is amended to include the following: 1.The parties to the Agreement are the City of Beaumont, ZeroParks Management, LLC and ZeroPark I, LLC. The remaining terms and conditions are unchanged and remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates written below. Z ERO P ARKS MANAGEMENT LLCTHE CITY OF BEAUMONT, TEXAS Name: _________________________Name: _________________________ Title: __________________________Title: __________________________ Date: __________________________Date: __________________________ Z ERO P ARK I, LLC Name: _________________________ Title: __________________________ Date: __________________________ 1 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Mike Harris, Director of Water Utilities MEETING DATE:November 7, 2023 REQUESTED ACTION:Council consider a resolution authorizing the purchase of one (1) digester blower, motor, and skid for the Wastewater Treatment Plant. BACKGROUND Currently, the Wastewater Treatment Plant has four (4) digester blowers (1,2,4, and 5). The main function for the blowers is to supply a rate of continuous forced oxygenated air to the digesters. Blower #5 has reached the lifetime expectancy and needs replacement before it completely fails and results in reduced capacity to produce sludge cake at the belt press. The total pricing for the 150 HP Blower, Motor, and Skid is $69,583.00 and was obtained from Atlas Copco Compressors, LLC, of Houston, the sole source provider of the blowers used at the Wastewater Treatment Plant. The quote and sole source letter are attached for your reference. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. ATTACHMENTS Quote No. 4090928 and Sole Source Letter from Atlas Copco RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT City Council hereby approves the purchase of one (1) 150 HP digester blower, motor, and skid for the Wastewater Treatment Plant in the amount of $69,583.00 from Atlas Copco Compressors, LLC, of Houston, 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 7th day of November, 2023. _______________________________ - Mayor Roy West - Quote Quote number: 4090928 Date: 04/06/2023 1/7 CITY OF BEAUMONT Marco Flores Quote no 4090928 10/18/2023 Rev 02 Quote Quote number: 4090928R2 Date: 10/24/2023 2/7 Contact: Marco Flores Company: CITY OF BEAUMONT Address: 4900 LAFIN ROAD BEAUMONT TX 77705-4319 United States Phone: +1 409-842-0458 Email: marco.flores@beaumonttexas.gov Dear Marco Flores Thank you for your recent enquiry. Further to our discussions, please find enclosed our quotation as per your requirements. We trust the enclosed information is of interest and look forward to hearing back with your comments. If you require any further information on this or any of our products or services, please do not hesitate to contact me. Best Regards, Gatlin Gold Municipal Sales Manager - Blowers and Low Pressure Phone: +1 281-776-4941 gatlin.gold@atlascopco.com Quote Quote number: 4090928R2 Date: 10/24/2023 3/7 Price Summary Line Description Total Price (USD) 10 (1) ZM 5-08 - 150HP 65,100.00 - ZM082 Series Multistage Centrifugal Blower Core o Number of stages: 8 stages o Inlet Position 1 (Top 8” ANSI) o Discharge Position 1 (Top 8” ANSI) o Omega E30 Coupling with Coupling guard o Cast Aluminium Impeller o Standard grease lubrication o Standard Carbon Ring Seals (2) (casing inlet and outlet) - WEG 150HP, TEFC, NEMA Premium Efficient Design, 460/3/60 o Motor Winding RTD’s: Not Included o Space heater: Not Included - Skid material: Steel o Lifting lugs - Atlas Copco standard paint - Adders o None - Field Installed Accessories o None - Testing o Atlas Copco standard Mechanical Run Test (Un-witnessed) - Freight - Start-up & Training o (1) Trip for (1) Days for installation check & Start-up 20 Startup (1 day) 3,733.00 30 Freight 750.00 Total $69,583.00 Payment & delivery conditions Quote valid to: 11/24/2023 Commissioning: Included Installation: Not included Warranty: See Standard Conditions of Sale Payment terms: 30 days net after delivery Delivery time: 18 Weeks Incoterms & location: FOB - Free on board Freight: Included Quote Quote number: 4090928R2 Date: 10/24/2023 4/7 Delivery Terms Equipment will be delivered in our standard packaging unless otherwise stated (off-loading and positioning to be done by others). Optional items may impact delivery. Delivery time can be confirmed upon acceptance of your order/final instructions to proceed. General Clarifications: 1. Installation, piping, elbows, spool pieces, piping hardware, piping gaskets, anchor bolts, housekeeping pads, and wiring to be provided by others unless otherwise noted above. 2. Proposal is based on Atlas Copco standard ZM 5 series blower which was previously named ZM 082 series. Proposed blower configuration is based on SN: 1118138 1(1) October 6, 2022 Re: Authorized Producer of Houston Service Industries Blowers and Parts Authorized Market Representation To Whom It May Concern, Atlas Copco Compressors purchased Houston Service Industries (HSI) in 2012. Atlas is the sole producer of the HSI High Speed Air Bearing Turbo and Multistage Centrifugal Blower units and authorized factory parts. This includes the following model ranges: HSTB – Air Bearing Turbo ZM Multistage F2 ZM31 F3 ZM51/52 F4 ZM61 F4.5 ZM81/82 F5 ZM88 ZM126 ZM141 ZM143 ZM186 ZM246 Please let me know if you have any questions or need any additional information. Regards, Travis McGarrah VP / BLM Low Pressure Air Atlas Copco Compressors LLC 15045 Lee Rd Telephone: +1 281 776 4900 Houston, Texas 77032 Telefax: +1 281 590 5611 USA www.atlascopco.com 2 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:November 7, 2023 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to award a contract to ALLCO, LLC, of Beaumont, for the Street Rehabilitation Citywide – Phase V (REBID) Project. BACKGROUND The Street Rehabilitation Citywide – Phase V (REBID) Project consists of milling existing asphalt pavement, asphalt base repairs, concrete repairs, curb and gutter repairs, crack and joint sealing existing pavement, base stabilization with cement or cem-lime slurry, roadway resurfacing pavement with hot mix asphaltic concrete and new pavement markings. The base bid of this project is comprised of twenty-six (26) roadways scheduled for rehabilitation located citywide. The additive bid item is for the wastewater treatment plant Roadway Rehabilitation. On September 21, 2023, two (2) bids were received for furnishing all labor, materials, and equipment for the project. At this time, only the base bid is recommended for award. The Engineer’s Estimate for the base bid is $5,200,000.00. The base bid items are totaled in the table below: ContractorLocationBase Bid Amount ALLCO, LLCBeaumont, TX$6,847,514.00 Texas Materials Group, Inc., dba Gulf Beaumont, TX$6,882,857.50 Coast The Public Works Engineering staff recommends this project be awarded to the lowest bidder, ALLCO, LLC, in the base bid amount of $6,847,514.00. A total of 365 calendar days are allocated for completion of the project. FUNDING SOURCE Community Investment Plan – Street Rehabilitation Program. RECOMMENDATION Approval of the resolution. ATTACHMENTS Street Rehabilitation Phase V (REBID) Bid Tab RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on September 21, 2023, two (2) bids were received for the Street Rehabilitation Citywide- Phase V (REBID) Project; and, WHEREAS, ALLCO, LLC, of Beaumont, Texas, submitted a bid in the amount of $6,847,514.00 to complete the work and materials for the Street Rehabilitation Citywide- Phase V (REBID) Project as shown in Exhibit "A," attached hereto; and, WHEREAS, the City Council is of the opinion that the bid submitted by ALLCO, LLC, of Beaumont, Texas is the lowest responsible bidder providing services at the best value to the City and 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 City Council hereby approves the award of a contract to, ALLCO, LLC, of Beaumont, Texas, submitted a bid in the amount of $6,847,514.00 to complete the work and materials for the Street Rehabilitation Citywide- Phase V (REBID) Project; and, THAT the City Manager be and he is hereby authorized to execute a contract with ALLCO, LLC, of Beaumont, Texas, for the purposes described herein; and, 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 7thday of November, 2023. - Mayor Roy West - 3 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:November 7, 2023 REQUESTED ACTION:Council consider a resolution renewing a contract with TMT Utilities, Inc., for the Citywide Emergency Water Main Repairs II. 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 September 26, 2023, by Resolution No. 23-269, City Council awarded a contract to TMT Utilities, Inc. for emergency water main repairs in the amount of $100,000 with an option to renew one (1) time. TMT Utilities, Inc. has completed the first $100,000 of work closing out the first contract. Due to the fact that the number of outstanding water main repairs continues to be higher than normal, staff recommends that the agreement be renewed, not to exceed $100,000. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, 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; and, WHEREAS, on September 26, 2023, by Resolution No. 23-269, City Council awarded a contract to TMT Utilities, Inc., of Huntsville, Texas for emergency water main repairs in the amount of $100,000.00 with an option to renew one (1) time; and, WHEREAS, TNT Utilities, Inc., of Huntsville, Texas has completed the first $100,000.00 of work closing out the first contract; and, WHEREAS, due to the fact that the number of outstanding water main repairs continues to be higher than normal, staff recommends that the agreement be renewed, not to exceed $100,000.00; 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 Council hereby approves the renewal of the contract with TMT Utilities, Inc., of Huntsville, Texas for the Citywide Emergency Water Main Repairs II in an amount not to exceed $100,000.00; and, THAT the City Manager be and he is hereby authorized to execute a renewal contract with TMT Utilities, Inc., of Huntsville, Texas, for the purposes described herein; and, 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 7thday of November, 2023. - Mayor Roy West - 4 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Chris Boone, Assistant City Manager, Community Services MEETING DATE:November 7, 2023 REQUESTED ACTION:Council consider an ordinance authorizing implementation of the Qualified Zip Veterans Pass Program. BACKGROUND Zip, formerly known as Beaumont Municipal Transit System, requests permission to implement the Qualified Zip Veterans Pass Program for qualified veterans to receive free fixed route and paratransit services. Similar to Houston Metro‘s program, a qualified veteran under this program is a person who has a service-connected disability rating of 50% or more, or 40% or more due to the amputation of a lower extremity or received a Medal of Valor (Air Force Cross, Medal of Honor, Distinguished Service Cross, Navy Cross or Purple Heart). Zip has a partnership with the Veterans Administration Office to confirm such records should the program be implemented. Any qualified Veteran will have their application processed within forty-eight (48) hours of receipt to the Veterans Administrative Offices. The proposed program aligns with the requirements of Harris County’s transit system, Metro. FUNDING SOURCE The transit system is funded through a combination of rider fares, the General Fund as well as grants from the Texas Department of Transportation and the Federal Transit Administration. RECOMMENDATION Approval of the ordinance. ATTACHMENTS Attachment #1: Veterans-Pass-Application BMT ZIP.pdf ORDINANCE NO. ENTITLED AN ORDINANCE IMPLEMENTING THE QUALIFIED ZIP VETERANS PASS PROGRAM FOR QUALIFIED VETERANS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT the following fares are in effect immediately: (a) Regular fixed route fares. (1) Adult fares: $1.50; day pass: $3.00; weekly pass: $12.00; monthly pass: $40.00. (2) Seniors, disabled, and youth fares: $0.75; day pass: $2.25; weekly pass: $9.00; monthly pass: $30.00. (3) Child fares: Free. A child must be accompanied by a fare-paying passenger. (4) Qualified Veterans: Free. A Qualified Veteran under this program is a person who has a service-connected disability rating of 50% or more, or 40% or more due to amputation of a lower extremity or received a Medal of Valor (Air Force Cross, Medal of Honor, Distinguished Service Cross, Navy Cross or Purple Heart). (5) Transfers: $0.25. (6) If requested by the driver, proof of eligibility for other than an adult fare must be presented upon boarding. (b) Special Transit Services (STS) fares. (1) STS identification card holder fares: $2.50; monthly pass: $80.00. (2) Medical attendant accompanying STS passenger: Free. (3) Companion accompanying STS passenger: $2.50. (4) Qualified Veterans: Free. A Qualified Veteran under this program is a person who has a service-connected disability rating of 50% or more, or 40% or more due to amputation of a lower extremity or received a Medal of Valor (Air Force Cross, Medal of Honor, Distinguished Service Cross, Navy Cross or Purple Heart). (5) Proof of eligibility must be presented upon request when purchasing a pass card. (6) Additional companions may be allowed subject to available space at the companion rate. (7) Contracted service provided to social service agencies shall be priced based on the cost of such service. 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 7th day of November, 2023. _______________________________ - Mayor Roy West - )Up!cf!dpnqmfufe!cz!bqqmjdbou!—!qsjou!pomz* Application Information Mbtu!Obnf!Gjstu!Obnf!Njeemf!Jojujbm! 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