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Home My WebLink AboutAPR 16 2024 MINT E X A S 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 Aud►n►in Samuel, Ward III APRIL 16, 2024 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 April 16, 2024, 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 — Communication Update TxDOT Presentation on Status of Construction Projects within Beaumont Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-7. (or any other topic). Mayor West called the council meeting to order at 1:30 p.m. Reverend Jeremy Wester with First United Methodist Church gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tern Turner, Councilmembers Durio, Getz, Feldschau, Samuel and Neild. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition "Administrative Professionals Day" — April 24, 2024 — Accepting; Alice Moore with Moore Business Services "National Sexual Assault Awareness Month" —April, 2024—Accepting; Ruby Leday with the Rape and Suicide Crisis Center "National Crime Victims' Week" — April 21-27, 2024 — Accepting; Misty Carver with Jefferson County Victims Assistance Center, Program Director Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-7. (or any other topic). Minutes —April 16, 2024 (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) Reginald Keller 2295 Angelina Beaumont TX Sharon Klarney 2320 Angelina Beaumont TX Charlie Crabbe 928 East Dr. Beaumont TX Addie Allen 9695 Gross Beaumont TX Demetria Holloway 4835 Concord 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.) A. Council to consider approving the April 2, 2024, City Council meeting minutes. B. Council to consider a resolution approving the renewal of an annual support agreement with Creative Switching Designs, Inc. of Brookshire, TX for the City's phone'systern — Resolution 24-089 C. Council to consider a resolution authorizing the acceptance of a ten -feet (10') Exclusive Water Line Easement— Resolution 24-090 D. Council to consider a resolution authorizing the granting of an eighteen -feet (18) Utility Easement to Entergy Texas, Inc. — Resolution 24-091 Councilmember Samuel moved to approve the Consent Agenda. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR FRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED REGULAR AGENDA 1. Council to consider a resolution approving the purchase of a replacement for the City's Mitel phone system from Creative Switching Designs, Inc. of Brookshire, TX. The city presently relies on Mitel Connect for its phone system across various City Departments. However, the existing software and hardware have reached the end of their operational life and necessitate an upgrade to Mitel Business. The upgraded system will retain all the features of the current one while incorporating new capabilities such as phone line recording, Contact Center integration, compatibility with 0365, and updated phone equipment. Minutes —April 16, 2024 Furthermore, the new system will enable additional functionality for licensed users, including the ability to remotely access their office phone via a mobile app. This enhancement will be particularly advantageous for employees who regularly work in the field or have been authorized for remote work. The cost of the project will be $487,370.83 and was budgeted for the fiscal year 2024. The purchase is exempt from competitive bidding since it is available from only one source having exclusive rights to maintain the Mitel infrastructure. Funds will come from the Capital Reserve and General Fund. Approval of the resolution. COuncilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL BE AND THEY ARE HEREBY AUTHORIZED TO APPROVE THE PURCHASE OF A REPLACEMENT FOR THE CITY'S MITEL PHONE SYSTEM FROM CREATIVE SWITCHING DESIGNS, INC., OF BROOKSHIRE, TEXAS IN THE AMOUNT OF $487,370.83. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-092 2. Council to consider a resolution authorizing the purchase of one (1) Effluent Pump Replacement at the Wastewater Treatment Plant. There are currently four (4) Effluent Pumps (#2, #3, #4, and #6) in operation at the Wetland Pump Station. Following the nutrient removal, as part of the final stage of treatment, the Wetland pumps move water from eight (8) constructed treatment cells to the natural Wetland. During normal operations the Wetland has two (2) of the four (4) pumps operating with the remaining pumps as backup for alternating the equipment to reduce wear, backup in the event of repairs, and for periods of increased storm water flow. In emergencies such as a hurricane or tropical storm, all four (4) pumps are used to meet the City's sewage needs. The current Effluent Pump #3 was rebuilt in 2015, and routine maintenance through the years has discovered a considerable amount of rust and wear, and replacement before failure is recommended. City staff has obtained three (3) quotes and upon review recommends purchasing from Coastal Pump Services, Inc., of Manvel, Texas. The total pricing for one (1) Lo-Lift vertical mixed flow pump and motor is $162,741.00. The delivery time is estimated to be between 12- 14 weeks after the order is received. Funds will come from the Water Revenue Bonds. Approval of the resolution. Minutes April 16, 2024 Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL BE AND THEY ARE HEREBY AUTHORIZED TO APPROVE THE PURCHASE OF ONE (1 ) EFFLUENT PUMP REPLACEMENT AT THE WASTEWATER TREATMENT PLANT FROM COASTAL PUMP SERVICES, INC., OF MANVEL, TEXAS, IN THE AMOUNT OF $162,741.00. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-093 3. Council to consider a resolution authorizing the City Manager to execute Change Order No. 'I to the contract with ALLCO, LLC, for the Street Rehabilitation Citywide - Phase V (REBID) Project. On November 7, 2023, by Resolution No. 23-338, the City Council awarded a contract to ALLCO, LLC, of Beaumont, in the amount of $6,847,514.00, for the Street Rehabilitation Citywide — Phase V (REBID) Project. Proposed Change Order No. 1, in the amount of $150,836.75, is needed to add items for Rusk Street, and to adjust quantities for both Masterson Drive and Potter Drive. Change Order No. 1 will add items to remove and replace damaged or collapsed storm sewer infrastructure on Rusk Street that was discovered after the asphalt was milled off of the road. Concrete pavement and curb repairs will be required at the intersection of Rusk Street and 6th Street where most of the storm sewer infrastructure repairs will be performed. 60 additional days will be added to the contract for the additional work on Rusk Street. Additionally, the scope of work for both Masterson Drive and Potter Drive will change from milling and ASB repairs to full depth reclamation. No additional days will be added to the contract for the change in work for both Masterson Drive and Potter Drive. If approved, Change Order No. 1 will result in a new contract amount of $6,998,350.75. Funding will come from the Certificates of Obligation. Approval of the resolution. 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 $1503836.75 FOR ADDITIONAL WORK, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $6,998,350.76 FOR THE STREET REHABILITATION CITYWIDE -PHASE V (REBID) PROJECT; AND THAT ADDING AN ADDITIONAL SIXTY (60) CALENDAR DAYS TO THE CONTRACT IS NECESSARY TO ACCOMMODATE FOR THE COMPLETION OF THE WORK. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Minutes — April 16, 2024 RESOLUTION 24-094 4. Council to consider a resolution authorizing the City Manager to execute Change Order No. 3 to the contract with ALLCO LLC, of Beaumont, for the 48-Inch Pine Street Raw Water Line Project. On July 18, 2023, by Resolution No. 23-193, the City Council awarded a contract to ALLCO, LLC, of Beaumont, in the amount of $29,191,513.63. Previous Change Order Nos. 1 — 2 are in the amount of ($8,957,185.65). Proposed Change Order No. 3, in the amount of $57,744, is requested to relocate an existing 10-inch sanitary sewer main from the path of installation of the proposed 48-inch raw water line at the intersection of Coleman St. and Pine St. This existing sewer main and adjacent manhole were not shown on the City's inventory map, nor were they located in the field by the surveyors as the manhole was covered by soil and vegetation. The proposed scope of this change order is to install a new upstream manhole, lower the 10-inch sewer pipe to an elevation below that of the 48-inch raw water line, and replace the existing brick manhole with a new fiberglass manhole. The contractor will provide for bypass pumping of the sewer flow while this work is completed. If approved, Change Order No. 3 would result in a new contract amount of $20,292,071,98 with an additional three (3) calendar days to the contract time. Funds will come from Certificates of Obligation and CDBG/GLO. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER No. 3 IN THE AMOUNT OF $57,744.00 FOR ADDITIONAL WORK, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $20,292,071.98 FOR THE 48-INCH PINE STREET RAW WATER LINE PROJECT; AND ADDING AN ADDITIONAL THREE (3) CALENDAR DAYS TO THE CONTRACT WHICH IS NECESSARY FOR THE COMPLETION OF THE WORK. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-095 5. Council to consider a resolution authorizing eminent domain proceeding to acquire a lift station easement at 250 South 4th Street. The city originally obtained a 15-foot-wide temporary construction easement from Sampson Steel Corporation during the construction of the 4th Street underpass pump station. After the temporary construction easement lapsed, City staff continued to use it to access the pump Minutes —April 16, 2024 station as there was no other path to the station. An adjacent 15-foot-wide drainage easement is blocked with various above ground utilities, barring its use as an access easement. After Sampson Steel sold the property to Kelley Property Investment, LLC, the City was prohibited from continuing to utilize the former temporary construction easement for access. The city, realizing that a permanent easement had never been secured, contacted Kelley Property Investment, LLC to acquire the lift station easement. The owner accepted the offer but after several attempts within the last two (2) years, the owner's attorney has been unsuccessful in providing the city with proper documentation to secure said easement. The subject property was appraised by Cook & Associates, Inc., as described: Address: 250 South 4th Street Legal Description: 0.0788-acre lift station easement situated in the N. Tevis Survey, Abstract No. 52 Owner: Kelley Property Investment, LLC Value: $5,500.00 Since the owner has failed to provide the satisfactory documents required to secure the lift station easement, it is necessary to initiate proceedings in eminent domain to acquire the easement. In order to authorize the exercise of eminent domain to acquire easement, a specific motion and record vote is necessary. Funds will come from the Harvey Group 4 CIP Budget. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITYATTORNEY BE AND SHE IS HEREBY AUTHORIZED AND DIRECTED TO FILE OR CAUSE TO BE FILED AGAINST ALL OWNERS OF THE FOLLOWING PARCEL OF LAND LOCATED AT 250 SOUTH 4T" STREET, AND ALL CLAIMANTS OF ANY INTEREST THEREIN, PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE FEE SIMPLE TITLE FOR SAID PURPOSES, IN AND TO THE SAID PARCEL OF LAND BEING SITUATED IN BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE RECORD VOTE: MAYOR WEST -- YES MAYOR PRO TEM TURNER -- YES COUNCILMEMBER DURIO —YES COUNCILMEMBER GETZ - YES MOTION PASSED RESOLUTION 24-096 COUNCILMEMBER FELDSCHAU -YES COUNCILMEMBER SAMUEL - YES COUNCILMEMBER NEILD -YES Minutes —April 16, 2024 B. Council to consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Texas General Land Office (GLO) to receive funds to develop the Comprehensive Plan of Beaumont. The Planning and Community Development Department seeks authorization to submit a grant application to the Resilient Communities Program and execute a contract if awarded. The Texas General Land Office has released an opportunity of funding to cities for development of a comprehensive plan that integrates hazard mitigation plans. A comprehensive plan sets forth a vision and goals for a city's future and provides the overall foundation for all land use regulation. Our goal is to take an all-inclusive approach to analyze and evaluate the future growth of our community, with a focus toward resilience and mitigation. Funds will come from the General Land Office. Source Amount Federal Transit Administration $300,000 city $0 Total: $300,000 Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO SUBMIT A GRANT APPLICATION AND EXECUTE A CONTRACT WITH THETEXAS GENERAL LAND OFFICE TO RECEIVE FUNDS TO DEVELOP THE COMPREHENSIVE PLAN OF BEAUMONT IN THE AMOUNT OF $300,000.00. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-097 PUBLIC HEARING Council to conduct a Public Hearing 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 Hearing Open: 2:33 p.m. None Staff made comments regarding the grant application. Public Hearing Close: 2:43 p.m. Minutes —April 16, 2024 Council to conduct a Public Hearing to hear applicant request for funding from the 2024 Community Development Block Grant Program. Public Hearing Open: 2:43 p.m. Daniel Jeans The H.O.W. Center Calvin Shepherd Jr. Lion Hearted Public Hearing Close: 2:47 p.m. REGULARAGENDA 0 2509 Cable Ave. 865 Enfield Beaumont TX Beaumont TX Council to 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. Administration seeks authorization to submit a grant application to the FY24 Bus and Bus Facilities Program. To improve our transit system, it is imperative to enhance our bus stops, real-time tracking technology, transit facilities and expand transit services. Requested funding to the FTA will be $3,333,234, which requires a local match of $788,599. TXDOT has committed $788,599 in transportation development credits to subsidize our local match. Grant funds will be used to reroof transit headquarters, procure real-time tracking hardware, implement credit card payment capabilities, install sixty (60) bus shelters and benches, and procure two (2) vans to extend services to the HWY 105, Major, Folsom and Northwest Parkway area. Federal Transit Administration and Transportation Development Credits, Source Amount Federal Transit Administration $3,333,234.00 Transportation Development Credits $788,599.00 City $0 Total: $4,121,833.00 Councilmember Neild moved to APPROVE A RESOLUTION 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 IN THE AMOUNT OF $3,333,234.00. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Minutes —April 16, 2024 RESOLUTION 24-098 COUNCILMEMBER COMMENTS (Counciimember comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) Open Session,of the meeting w Tina Broussard, City Clerk ourned at 2:57 p.m. Minutes —April 16, 2024