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HomeMy WebLinkAboutJUNE 18 2024 MINT E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner, Mayor Pro Tern ROY WEST, MAYOR Randy F'eldschau, At -Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III JUNE 18, 2024 Chris ©urio, 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 June 18, 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 Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-7, 9 &10. (or any other topic). Item 8 has 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 Phillip Battles with New Faith Holiness Church gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tern Turner (arrived at 1:37 p.m.), Councilmembers Durio, Getz (arrived at 1:33 p.m.), Feldschau and Neild. Absent: Councilmember Samuel. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition "Juneteenth Holiday" -- June 19, 2024 -- Proclamation ready by Tina Broussard, City Clerk Presentation -- Public Service Awards LASTNAME FIRSTNAME DPTIDIVIACT POSITION Yrs of SVC Boudreaux Denise WATER DIST & MAINT SR. WATER UTILITIES DISPATCHER 35 Dumas Julia HEALTH SERVICES VITAL STATIS. REGISTRAR 35 Ware Ill William FIRE SUPP-C SHIFT FIRE CAPTAIN 35 Borrero Yvette CRIMINAL INVESTIGATIONS POLICE SERGEANT 30 Minutes —June 18, 2024 POLICE/911 911 CENTER SHIFT Brannen Monica DISPATCH/POL[C SUPERVISOR 30 CRIMINAL Cole Kelly INVESTIGATIONS POLICE LIEUTENANT 30 TENNIS FACILITY Grogan Russell TENNIS CENTER MANAGER 30 Meier Boyd BUILDING CODES BUILDING OFFICIAL 30 Wagner Troy PATROL POLICE OFFICER 30 CLINICAL NURSE Alexander Mary CLINICAL SERVICES MANAGER 25 EMPLOYEE BENEFITS Krystofiak Susan BENEFITS ADMIN. 25 * Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-7, 9&10. (or any other topic). Item 8 has already been heard in a Public Hearing therefore, citizens can't speak on that item. (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) Theresa Goodness 985 191h St. Beaumont TX Kate Hambright Christina Crawford Steven Lewis Shelby Brannon Luther Holmes Michele Modica William Johnson Charlie Crabbe Christopher Jones Tyrone Thompson Dean Tucker 7 Cheska Hollow Beaumont TX 2545 Harrison Beaumont TX 540 Campus Beaumont TX 6695 Knollwood Dr. Beaumont TX 930 Ceder #210 Beaumont TX 3200 16t" St. #116 Washington DC 1045 Madison Beaumont TX 928 East Dr. Beaumont TX 1045 Doucette Ave. Beaumont TX 3445 Cherry Dr, Beaumont TX 2550 Long Ave. 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 June 4, 2024, City Council meeting minutes. Minutes — June 18, 2024 B. Council to consider amending Resolution 24-001 to have a rest the week of July 16, 2024 — Resolution 24-143 C. Council to consider a resolution approving the annual renewal for server hosting the Cityworks and ArcGIS — Resolution 24-144 D. Council to consider a resolution approving an annual maintenance agreement from ESO Solutions, Inc., of Dallas, TX that is utilized by Fire and EMS — Resolution 24-145 E. Council to consider a resolution authorizing the acceptance of a ten foot (10') wide non-- exclusive Sanitary Sewer Easement -- Resolution 24-146 Councilmember Durio moved to approve the Consent Agenda. Councilmember Getz seconded the motion. Councilmember Neild asked that Item F be voted upon separately. Councilmember Neild moved to approve the Consent Agenda excluding Item F. Mayor Pro Tern Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, AND NEILD NAYS: NONE MOTION PASSED F. Council to consider a resolution authorizing the settlement of the claim of Danette Mickens -- Resolution 24-147 Mayor Pro Tern Turner moved to deny Item F. Councilmember Neild seconded the motion. AYES: MAYOR PRO TEM TURNER, COUNCILMEMBER NEILD NAYS: MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU MOTION FAILED Councilmember Getz moved to approve Item F. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU NAYS: MAYOR PRO TEM TURNER, COUNCILMEMBER NEILD MOTION PASSED REGULAR AGENDA 1. Council to consider an ordinance authorizing the issuance of City of Beaumont, Texas, Waterworks and Sewer System Revenue Bonds, Series 2024, and authorizing the Mayor or Minutes — June 18, 2024 City Manager and Chief Financial Officer to approve the amounts, interest rates, prices, and terms thereof for both series and to execute all documents related to the sale of the Bonds. As presented in a work session during the budget process, $60 million is required to complete projects related to water and sewer infrastructure improvements that are currently under construction and/or design. With the quickly changing financial markets, the most favorable time to enterthe market may not be the day before a City Council meeting. Instead, the ability of a local government to time its entry into the financial markets and thereby obtain the best borrowing terms can significantly impact the borrowing costs, Section 1207.007 Texas Government Code allows a City to enter into the bond market at any time in accordance with parameters established and approved by the City Council. Through a parameter bond ordinance, a Council delegates final pricing authority to a Pricing Officer, usually the Mayor or City Manager, CFO and/or City Manager's Designee, and establishes and approves bond sale parameters such as maximum interest rate, minimum savings threshold for refunding, maximum aggregate principal amount of issue, final maturity date and expiration of delegated authority which is normally six (6) months. The Pricing Officer can only approve the sale if all parameters are met. This results in flexibility such that the bond issue may be priced at any time and in an interest rate environment that is advantageous to the City rather than being locked into pricing on the date of Council meetings. The proposed parameters included in the proposed ordinance for Series 2024, as described above, includes: Delegated Pricing Officers: Mayor or City Manager and Chief Financial Officer. Maximum Principal Amount Series 2024: $60 million. Interest Rate: Not greater than 6.0% per annum. Expiration of Parameter Authority: December 15, 2024. Interest will be payable semiannually in March and September beginning March 1, 2025, Funds will come from the Water Utilities Fund. Approval of the ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AUTHORIZING THE ISSUANCE OF THE CITY OF BEAUMONT, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 2024 IN ONE OR MORE SERIES OR SUBSERIES AS MAY BE FURTHER DESIGNATED; AUTHORIZING EACH OF THE MAYOR, THE CITY MANAGER AND THE CHIEF FINANCIAL OFFICER TO APPROVE THE AMOUNTS, INTEREST RATES, PRICES, AND TERMS THEREOF AND CERTAIN OTHER MATTERS RELATING THERETO; PROVIDING FOR THE PAYMENT THEREOF; MAKING OTHER PROVISIONS REGARDING SUCH BONDS INCLUDING AUTHORIZING THE PREPARATION AND DISTRIBUTION OF ONE OR MORE PRELIMINARY OFFICIAL STATEMENTS AND AUTHORIZING THE PREPARATION AND DISTRIBUTION OF ONE OR MORE OFFICIAL STATEMENTS AND MATTERS INCIDENT THERETO; AWARDING THE SALE OF THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE BOND PURCHASE AGREEMENTS; AUTHORIZING BOND INSURANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF A Minutes —June 18, 2024 PAYING AGENT/REGISTRAR AGREEMENT AND OTHER RELATED DOCUMENTS; AND MAKING OTHER PROVISIONS REGARDING SUCH BONDS. Mayor Pro Tem Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 24-028 2. Council to consider a resolution awarding Hotel Occupancy Tax Grant awards for FY25 funding. In accordance with the new Hotel Occupancy Tax (HOT) Grant review process implemented last year, applications for HOT funding have been submitted for review by the Beaumont Convention and Visitors Bureau's HOT Grant Review Committee. Attached are the recommendations from the Committee. The council is being asked to review and approve funding for the HOT grants, taking into consideration the applications submitted that were reviewed, evaluated and recommended by the HOT Grant Review Committee. Funds will come from the Hotel Occupancy Tax. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL BE AND THEY ARE HEREBY AUTHORIZED TO REVIEW AND APPROVE FUNDING FOR THE HOTEL OCCUPANCY TAX APPLICATIONS FOR THE HOTEL OCCUPANCY TAX GRANT FY2025 CYCLE IN THE AMOUNT OF $300,000.00. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-148 3. Council to consider a resolution accepting maintenance of the water improvements in Wesley Addition Subdivision. (Item was pulled) On May 29, 2024, a final inspection from Water Utilities was completed for the following: Vinson Street, from Tram Road to approximately 1,300 feet heading south. Recommended for approval are the water improvements for Wesley Addition Subdivision, within the right-of-way only. Approval of the resolution. Minutes — June 18, 2024 4. Council to consider a resolution approving the repair of two pumps for the Royal Street Underpass Pump Station. The Royal Street Underpass Pump Station pumps storm water from Dr. Martin Luther King, Jr. (MLK) Parkway in the section between Franklin St and College St. The station operates four (4) submersible pumps. Due to the age of the pumps and the abrasive nature of the storm water, the pumps began to fail and need significant repairs to continue to function until new pumps can be acquired. The station is currently operating with two pumps, supplemented by one (1) temporary pump. Triangle Rotating Equipment Specialists of Nederland, TX, was hired to inspect the pumps, and determine what repairs are required. The repair scope is to blast and prime all parts; clean, rewind, dip, and bake the motor; replace all bearings; repair all seals and furnish new 0-rings; reassemble motor and pump; test run start up. The work is expected to be completed before the end of July. All work not to exceed $110,000. Funds will come from 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 APPROVE THE REPAIR OF TWO (2) PUMPS FOR THE ROYAL STREET UNDERPASS PUMP STATION FROM TRIANGLE ROTATING EQUIPMENT SPECIALIST OF NEDERLAND, TEXAS IN AN AMOUNT NOT TO EXCEED $110,000.00, Councilmember Neild seconded the motion. AYES. MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, AND NEILD NAYS: NONE ill W11IIs] ►111111;7e149=11Ill RESOLUTION 24w149 5. Council to consider a resolution authorizing the City Manager to award a contract to Underground Construction Solutions, LLC, of Houston, Texas for the LaBelle Park Waterline Extension (IH -- 10 — LNVA Canal to Walden Road). The LaBelle Park Waterline Extension will upgrade the existing 6" water line to a new 12" water line along Interstate 10 from the LNVA Canal to Walden Road. On May 9, 2023, five (5) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate for the contract is $608,045.00. Minutes —June 18, 2024 Contractor Location Total Bid Amount Underground Construction Solutions, LLC Houston, TX $569,750.00 Eastex Utility Construction, LLC Beaumont, TX $726,610,00 SETEX Construction Corp. Beaumont, TX $746,100.00 Jet Aeration of Texas, LLC Vidor, TX $763,656.02 Brystar Contracting, Inc. Beaumont, TX $855,695.00 Based on review of the bids, required documents received, and background reference checks, Water Utilities recommends awarding the project to the lowest bidder, Underground Construction Solutions, LLC, in the amount of $569,750.00. A total of 120 calendar days are allocated for substantial completion of the project. Funds will come from the Water Revenue Bonds. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH UNDERGROUND CONSTRUCTION SOLUTIONS, LLC, OF HOUSTON, TEXAS, IN THE AMOUNT OF $569,750.00 FOR THE LABELLE PARK WATERLINE EXTENSION (IH-1 O-LNVA CANAL TO WALDEN ROAD). Councilmember Feldschau seconded the motion. AYES; MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-150 6. Council to consider a resolution accepting maintenance of the street, storm sewer, water, and sanitary sewer improvements in Spring Wood Subdivision, Section 4. On May 31, 2024, a final inspection from all entities was completed for the following: • Alexis Street approximately 407 feet extension northwest of existing Alexis Street to include Cul-de-sac, • Rachel Lane approximately 220 feet heading northeast from Alexis Street to include Cul-de-sac. Recommended for approval and acceptance are the street, storm sewer, water, and sanitary sewer improvements for Spring Wood, Section 4 right-of-way only. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CONSTRUCTION OF THE STREETS, STORM SEWER, WATER AND SANITARY SEWER IMPROVEMENTS IN SPRING WOOD SUBDIVISION, SECTION 4, RIGHT-OF-WAY ONLY, WITH THE EXCEPTION OF STREETLIGHTS, ARE HEREBY ACCEPTED BY THE CITY OF BEAUMONT AND SHALL BE CONTINUOUSLY MAINTAINED BY THE Minutes — June 18, 2024 CITY CONTINGENT UPON FILING OF THE FINAL PLAT, COMPLETE WITH FILINGS OF DEDICATION OF ALL RIGHTS -OF -WAY AND EASEMENTS REQUIRED ON THE PRELIMINARY AND FINAL PLATS AND INSTALLATION OF THE STREETLIGHTS. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM. TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-151 7. Council to consider an ordinance denying Texas Gas Service Company proposed rates. Texas Gas Service (TGS) filed an application with the city for an increase in gas service rates. The total rate increase requested is $25.8 million annually, representing a 15.59% increase in non -gas revenues. If approved, the average increase per residential customer would be $6.26 for usage of 17 Ccf per month and $9.53 for usage of 43 Ccf per month. If no action is taken the gas service rate increase will become effective on July 8, 2024. Approval of the ordinance will allow for proper review of the application. Reasonable expenses associated with rate cases are reimbursable by the company as approved in the Public Utility Regulatory Act. Approval of the ordinance. Mayor Pro Tern Turner moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS AUTHORIZING THE, SUSPENSION OF THE EFFECTIVE DATE FOR AN ADDITIONAL NINETY (90) DAYS BEYOND THE EFFECTIVE HATE PROPOSED BY TEXAS GAS SERVICE COMPANY, A DIVISION OF ONE GAS, INC., IN CONNECTION WITH ITS STATEMENT OF INTENT TO INCREASE RATES WITHIN THE INCORPORATED AREAS OF THE CENTRAL -GULF SERVICE AREA, FILED ON JUNE 3, 2024; AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE RAILROAD COMMISSION OF TEXAS; REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 24-029 8. Council to consider a request to abandon a sanitary sewer easement in Lot 8 of the College Acres Addition. Minutes — June 18, 2024 Jared Riggenbach has applied for the abandonment of a 6' wide sewer line easement at 4595 College Street. The easement is located along the southern property line of Lot 8 in the College Acres Addition. Redevelopment of this property for an O'Reilly Auto Parts shop requires the sanitary sewer line to be re-routed to accommodate their plan, which necessitates an abandonment of the existing sewer easement. At a Joint Public Hearing held on February 26, 2024, the Planning Commission recommended 6:0 to approve the request to abandon a sanitary sewer easement in Lot 8 of the College Acres Addition, with the following condition: A new easement and sanitary sewer line to be dedicated to the city. Approval of the ordinance, with the following condition: 1. A new easement and sanitary sewer line to be dedicated to the city. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ABANDONING A SANITARY SEWER EASEMENT IN LOT 8 OF THE COLLEGE ACRES ADDITION AT 4595 COLLEGE STREET, WITH THE CONDITION, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 24-030 PUBLIC HEARING A Council to Conduct a Public Hearing to update the City's Drought Contingency Plan and Conservation Plan as required every 5 Years by the Texas Water Development Board. Citizens can make Public Comments Regarding Either Plan or Changes Proposed, The Drought Contingency Plan lays out the Guidelines for Implementing and Enforcing Water use during Periods of High Demand and the Conservation Plan sets Goals to Reduce Water Use Per Capita, Public Hearing Open: 2:42 p.m. None Public Hearing Close: 2:51 p.m. REGULAR AGENDA 9. Council to consider a resolution adopting the 2024 Water Conservation Plan and the revised Drought Contingency Plan by updating and renewing the City's commitment to Chapter 22, Article 22.06, of the Code of Ordinances. Minutes — June 18, 2024 The Texas Commission on Environmental Quality (TCEQ) requires the City to have a Water Conservation Plan and a Drought Contingency Plan that are renewed every five (5) years. The Drought Contingency Plan has been updated to modernize the previous plan and to meet all the minimum requirements as set forth by TCEQ. The Conservation Plan has been updated with current data The plans establish water conservation goals; criteria for the initiation and termination of drought response stages; restrictions on certain water use; penalties for the violation of and provisions for enforcement of these restrictions, and procedures for granting variances. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION APPROVING THE 2024 WATER CONSERVATION PLAN AND THE CITY OF BEAUMONT HEREBY RENEWS ITS COMMITMENT TO CHAPTER 22, ARTICLE 22.06 "DROUGHT CONTINGENCY PLAN" OF THE CODE OF ORDINANCES, Mayor Pro Tern Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-152 PUBLIC HEARING - Council to conduct a public hearing to receive comments related to the property located at 328-338 Bowie Street & 486-498 Pearl Street. Public Hearing Open: 2:53 p.m. Tom Flanagan 595 Orleans Charlie Goehringer 550 Fannin Rob Fusilier 470 Orleans Sean McLaren 2105 Liberty Public Hearing Close: 4:22 REGULAR AGENDA Beaumont TX Beaumont TX Beaumont TX Beaumont TX 10. Council to consider an ordinance to declare 328-338 Bowie & 486-498 Pearl Street, also known as "The Gilbert Building," as Imminent Danger and order the owner to raze the said structure within 5 days. If the property owner fails to comply within 5 days, staff requests the City Council's authorization to demolish said structure without further notification to the property owner or City Council action. (Item Tabled) Minutes — June 18, 2024 The structure at 328-338 Bowie & 486-498 Pearl Street, also known as "The Gilbert Building," was "tagged" as imminent danger on June 10, 2024. The structure has been damaged by fire. The recommendation issued by Terry Shipman of Fittz & Shipman, Inc., a licensed engineer in the State of Texas, states, "the building should be demolished. If the exterior walls are salvaged, a demolition plan should be prepared by a qualified professional to ensure the safe removal of the debris. The exterior walls will need to be shored with the shoring plan designed by a structural engineer registered in the State of Texas." Funds will come from the General Fund. Approval of the ordinance. Councilmember Getz moved to table the item for sixty (60) days to enter a work program. Councilmember Neild seconded the motion. Item tabled with the following conditions: After further discussion Councilmember Getz amended his motion to table the item for sixty (60) days with the condition that the property owner secure the building with a 6-foot razor fence from the McFaddin side to the back of the building within five (5) business days and touch basis with the Building Codes and or Planning Department to start a Work Program. Councilmember Neild seconded the motion. WORK SESSION Council to Discuss Current Airport Operations and Proposed Hangar Improvements. COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) With there bei I no Executive Roy W t, Major ion, the meeting adjourned L03 p.m. Minutes -.funs 18, 2024