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HomeMy WebLinkAbout02/25/2020 MINB'E.AUMON.T M I N U T E S- CITY OF BEAUMONT W.L. Pate, Jr., Mayor Pro Tem BECKY AMES, MAYOR Randy Feldschau, At -Large Taylor S. Neild, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel, Ward III FEBRUARY 25, 2020 Robin Mouton, Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk 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 February 25, 2020, 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 Presentation and Recognition. Public Comment: Persons may speak on scheduled agenda item No. 4-10/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Louis Urriza with Cristo Rey Church gave the invocation. Mayor Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tem Pate, Councilmembers Neild, Getz, Feldschau, Samuel and Mouton. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation; Recognitions Presentation — Jesus Abrego the Director of Hispanic Ministries with the diocese of Beaumont addressed the Hispanic community regarding the 2020 Census in Spanish "National Intellectual and Development Disabilities Awareness Month" - March, 2020 - Proclamation read by Councilmember Samuel; accepted by Lane Fortenberry, Public Relations and Marketing Administrator with the Spindletop Center Public Comment: Persons may speak on scheduled agenda items 4-10/Consent Agenda Chris Akberi 3735 Honeywood Port Arthur TX Spoke regarding Item #5 on the Agenda; Proposed Housing Tax Credit (HTC) project known as Virginia Flats, located at 2250 W. Virginia, and offering expressed support for the project and a Commitment of Development Funding by the City of Beaumont Minutes — February 25, 2020 Michael Fogel 809 S. Lamar, Suite A Austin, TX Spoke regarding Item #6 on the Agenda; Proposed Housing Tax Credit (HTC) project known as Beaumont Trails, located at the southwest corner of Spindletop Square and North 13th St., and offering expressed support for the project and a Commitment of Development Funding by the City of Beaumont CONSENT AGENDA Approval of minutes — February 18, 2020 Confirmation of committee appointments — Resolution 20-033 Michael Tarabay would be appointed to the Parks and Recreation Advisory Committee. The term would commence February 25, 2020 and expire September 30, 2021. (Councilmember Randy Feldschau) Lee Smith would be reappointed to the Community Development Advisory Committee. The current term would expire September 30, 2021. (Councilmember Robin Mouton) A) Authorize the City Manager to apply for and receive funding through the Department of Homeland Security Grant Program — Resolution 20-034 B) Authorize the City Manager to apply for and receive funding through the U.S. Department of Justice Project Safe Neighborhoods Block Grant Program — Resolution 20-035 C) Authorize the City Manager to execute a ground, -lease agreement with Cory Hays for property located at the Beaumont Municipal Airport — Resolution 20-036 D) Authorize the City Manager to execute an agreement with Thomson Reuters West Government Services for database services — Resolution 20-037 Councilmember Getz moved to approve the Consent Agenda. Councilmember Feldschau seconded the motion. AYES: MAYOR AMES, MAYOR PRO. TEM PATE, COUNCILMEMBERS NIELD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED GENERAL BUSINESS Consider a request to rezone property (located on the west side of Major Drive, approximately 1500 ft. south of Tram Road) from A -R (Agricultural - Residential) to RM -H (Residential Multiple Family Dwelling - Highest Density) or a more restrictive district. 1 Amron Akhtar ofAmberlyn Homes, L.L.C., has requested a rezoning for property located on the west side of Major Drive, approximately 1500 ft. south of Tram Road. Minutes — February 25, 2020 The adjacent property to the south is zoned RM -H (Residential Multiple - Family Dwelling - Highest Density) and Major Drive, as a major arterial, will most likely develop with commercial frontage in the future. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. At a Joint Public Hearing held on February 17, 2020, the Planning Commission recommended 7:0 to approve the request to rezone a property from A -R (Agricultural - Residential) to RM -H (Residential Multiple Family Dwelling - Highest Density) or a more restrictive district. The Zoning Ordinance states, "The City Council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a Specific Use Permit where a protest against such change (has been filed), signed by the owners of twenty percent (209,1o) or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by the favorable vote of three-fourths (3/4) of all the members of the City Council." Protest against this request was received from more than 20% of the land immediately adjoining the subject property. Therefore, a vote of three-fourths (3/4) of the City Council shall be required to approve the requested Specific Use Permit. Approval of the ordinance. Mayor Pro Tem Pate 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 A -R (AGRICULTURAL RESIDENTIAL) DISTRICT TO RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED ON THE WEST SIDE OF MAJOR DRIVE APPROXIMATELY 1500 FT. SOUTH OF TRAM ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 20-005 2. Consider a request to rezone the rear 200' of a property (located between 3450 and 3870 Eastex Freeway) from RM -M (Residential Multiple Family Dwelling — Medium Density) to GC - MD (General Commercial -Multiple Family Dwelling) or a more restrictive district. Minutes — February 25, 2020 Ashley Malone has requested a rezoning for the property located between 3450 and 3870 Eastex Freeway. All but the rear 200 feet of the property is zoned GC -MD (General Commercial - Multiple Family Dwelling) District, creating a split zoning situation. The applicant would like to use the property for a new Classic Acura car dealership. Properties to the north and the adjacent property to the south are all zoned GC -MD. Although the adjacent property to the northeast is zoned RS, it is currently occupied by a school. In addition, a large vacant tract of land is located between the subject property and any classrooms. At a Joint Public Hearing held on February 17, 2020, the Planning Commission' recommended 7:0 to approve the request to rezone the rear 200' of a property from RM -M (Residential Multiple Family Dwelling - Medium Density) to GC -MD (General Commercial - Multiple Family Dwelling) or a more restrictive district. Approval of the ordinance. Councilmember Neild 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 RM -M (RESIDENTIAL MULTIPLE FAMILY DWELLING -MEDIUM DENSITY) DISTRICT TO GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED BETWEEN. 3450 AND 3870 EASTEX FREEWAY, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO.TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 20-006 3. Consider a request for a Specific Use Permit to allow a cell tower in a GC -MD (General Commercial -Multiple Family Dwelling) District at the rear of 5580 Cole Street. Lou Katzerman representing TVTI, L.L.C., D.B.A. Tower Ventures proposes to construct a one hundred eighty (180) foot cellular tower at the rear of 5580 Cole Street. The proposed tower will be a monopole designed to support four (4) antenna arrays allowing for colocations in the future. No City utilities will be required at the unmanned site. Access to the site will be via an easement from Rosedale Drive. The applicant states that a six (6) foot wooden fence will be constructed around the lease area to conceal the ground equipment. In addition, they propose a ten (10) foot wide landscaped buffer on all four (4) sides of the site. Historically, these items have been required by the Planning Commission for cell tower sites. At a Joint Public Hearing held on February 17, 2020, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a cell tower in a GC -MD (General Commercial -Multiple Family Dwelling) District with the following conditions: Minutes — February 25, 2020 Provide a copy of the recorded access easement and lease agreement. 2. The driveway approach shall be reconstructed to meet the city's driveway standards. 3. A six-foot wood or masonry fence to be constructed 10 feet inside the perimeter edge of the lease site with a solid gate. - 4. The landscaped buffer should include either one (1) class A or two (2) class B trees for each twenty-five linear feet of the perimeter of the tower site and shrubs save and except for the gated area. Approval of the ordinance with the following conditions: Provide a copy of the recorded access easement and lease agreement. 2. The driveway approach shall be reconstructed to meet the city's driveway standards. 3. A six-foot wood or masonry fence to be constructed 10 feet inside the perimeter edge of the lease site with a solid gate. 4. The landscaped buffer should include either one (1) class A or two (2) class B trees for each twenty-five linear feet of the perimeter of the tower site and shrubs save and except for the gated area. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO A CELLULAR TOWER IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT THE REAR OF 5580 COLE STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. - AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NIELD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 20-007 4. Consider an ordinance denying the rate increase request of CenterPoint Energy filed on November 14, 2019. On November 14, 2019, CenterPoint Energy ("CenterPoint") filed its Statement of Intent to increase rates within the City of Beaumont and other cities in CenterPoint's Beaumont/East Texas service area. On December 3, 2019, by Ordinance No. 19-081, the City Council acted to suspend the effective date of the requested increase. The suspension was to allow time for the City to review the request and make an informed recommendation to the Council as to what the ultimate decision would be with regard to the increase. The request has been evaluated and it is the recommendation of the cities rate attorneys and consultants that the requested increase be denied at this time. The primary reasons for the recommendation results from the Company's requested return on equity and the Company's depreciation study. Minutes — February 25, 2020 The Company is requesting a 10.4% return on equity which is well above what has been approved recently for comparable utilities. A more reasonable return on equity is 8.75%. The other primary concern is that the Company's depreciation study is five years old. Typically, depreciation studies are conducted just prior to the filing of a rate case so that the resulting rates will be based on an accurate and current assessment of the company's invested capital. Given the age of the depreciation study, it is the opinion of the consultants that the company's request to increase its depreciation expense is not based on an accurate representation of the company's invested capital and therefore, the company has failed to show that its requested depreciation rates are just and reasonable. Denial of the request will allow for an appeal to the Railroad Commission All reasonable expenses associated with the rate cases are reimbursable by the company. Approval of the ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS DENYING THE STATEMENT OF INTENT OF CENTERPOINT ENERGY RESOURCES CORP.,, D/B/A CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS TO INCREASE RATES IN THE BEAUMONT/EAST TEXAS DIVISION; REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPENING MEETING ACT; AND DECLARING AN EFFECTIVE DATE FOR THIS ORDINANCE. Councilmember Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 20-008 5. Consider a resolution acknowledging that Beaumont,has more than twice the state average of units per capita supported by Tax Credits or private activity bonds and authorizes the developer to -submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for a proposed Housing Tax Credit (HTC) project known as Virginia Flats, located at 2250 W. Virginia,* and offering expressed support for the project- and a Commitment of Development Funding by the City. Beaumont 2250 W Virginia, LP. has applied to the Texas Department of .Housing .and Community Affairs (TDHCA) for funding to redevelop Virginia Flats, a one hundred -ten (110) unit. rehabilitation project, located at 2250 W. Virginia. On February 4, 2020, a Work Session was held to review the three (3) proposed projects seeking support. As discussed during the Work Session, the City Council has the following options for each of these projects: 1) Allow none of the applications to move forward by declining to acknowledge that Beaumont has more than twice the state average of subsidized housing units within the city. Minutes — February 25, 2020 2) Allow all or some of the applications to move forward acknowledging that Beaumont has more than twice the state average of subsidized housing units within the city. 3) Encourage the success of all or some of the projects by offering specific support for one or more projects. 4) Encourage the success of all or some of the projects by offering financial support in the form of a $500 permit fee waiver. Approval of the resolution. Councilmember Mouton moved to APPROVE A RESOLUTION THAT THE CITY OF BEAUMONT HEREBY SUPPORTS THE PROPOSED NEW VIRGINIA FLATS DEVELOPMENT, AND CONFIRMS THAT IT'S GOVERNING BODY VOTES SPECIFICALLY TO APPROVE THE CONSTRUCTION OF THE DEVELOPMENT AND TO AUTHORIZE AN ALLOCATION OF HOUSING TAX CREDITS FOR THIS DEVELOPMENT PURSUANT TO TEX. GOVT CODE §2306.6703(A)(4) AND THAT FOR AND ON BEHALF OF THE GOVERNING BODY, MAYOR BECKY AMES IS HEREBY AUTHORIZED, EMPOWERED, AND DIRECTED TO CERTIFY THIS RESOLUTION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS. Councilmember Neild seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 20-038 ,J 6. Consider a resolution acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits or private activity bonds and authorizes the developer to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for a proposed Housing Tax Credit (HTC) project known as Beaumont Trails, located at the southwest corner of Spindletop Square and North 13th Street and offering expressed support for the project and a Commitment of Development Funding by the City. Trinity Beaumont Trails, LP has applied to the Texas Department of Housing and Community Affairs (TDHCA) for funding to develop Beaumont Trails, an eighty (80) unit senior project, located at southwest corner of Spindletop Square and N 13th Street. On February 4, 2020, a Work Session was held to review the three (3) proposed projects seeking support. As discussed during the Work Session, the City Council has the following options for each of these projects: 1) Allow none of the applications to move forward by declining to acknowledge that Beaumont has more than twice the state average of subsidized housing units within the city. 2) Allow all or some of the applications to move forward acknowledging that Beaumont has more than twice the state average of subsidized housing units within the city. 3) Encourage the success of all or some of the projects by offering specific support for one or more projects. Minutes — February 25, 2020 4) Encourage the success of all or some of the projects by offering financial support in the form of a $500 permit fee waiver. Approval of the resolution. Mayor Pro Tem Pate moved to APPROVE A RESOLUTION THAT THE CITY OF BEAUMONT HEREBY HAS NO OBJECTION TO THE PROPOSED BEAUMONT TRAILS AND CONFIRMS THAT THIS FORMAL ACTION HAS BEEN TAKEN TO PUT ON RECORD THE OPINION EXPRESSED BY THE CITY AND THAT FOR AND ON BEHALF OF THE GOVERNING BODY, MAYOR BECKY AMES IS HEREBY AUTHORIZED, EMPOWERED, AND DIRECTED TO CERTIFY THESE RESOLUTIONS TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS. Councilmember Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, SAMUEL AND MOUTON NAYS: NONE ABSTAINED: COUNCILMEMBER FELDSCHAU MOTION PASSED Resolution 20-039 7. Consider a resolution acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax. Credits or private activity bonds and. authorizes the developer to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for a proposed Housing Tax Credit (HTC) project known as the Enclave on College, located at 6005 College, and offering expressed support for the project and a Commitment of Development Funding by the City. This item was pulled W Bmt Enclave 6005, LP. has applied to the Texas Department of Housing and Community Affairs (TDHCA) for funding to develop the Enclave on College, a proposed thirty-six (36) unit housing development, located at 6005 College. On February 4, 2020, a Work Session was held to review the three (3) proposed projects seeking support. As discussed during the Work Session, the City Council has the following options for each of these projects: 1) Allow none of the applications to move- forward by declining to acknowledge that Beaumont has more than twice the state average of subsidized housing units within the city. 2) Allow all or some of the applications to move forward acknowledging that Beaumont has more than twice the state average of subsidized housing units within the city. 3) Encourage the success of all or some of the projects by offering specific support for one or more projects. 4) Encourage the success of all or some of the projects by offering financial support in the form of a $500 permit fee waiver. Approval of the resolution. Minutes — February 25, 2020 8. Consider a resolution authorizing the City Manager to enter into an agreement with the U.S. Economic Development Administration (EDA) to terminate a financial assistance award and remit the balance of EDA funds back to the EDA. In 1987, The City of Beaumont received a $500,000 grant from the U.S. Economic Development Administration (EDA) to establish a Revolving Loan Fund Program (RLF). This EDA grant was matched with Community Development, Block Grant (CDBG) funds in the amount of $250,000. Over the years, numerous loans from have been made through this program. However, there has been decreasing interest in the program. Due to the decrease in the number of applications and loans awarded through this program, EDA is seeking to recover these funds. In addition, recent. changes in rules controlling the CDBG portion of the program resulted in the City being responsible for the repayment of underperforming loans. As a result, this portion of the program has already been suspended. It should be noted that attempts were made to reallocate the EDA funds to the Lamar SBDC or the SETEDF, but this was not possible due to requirements tied to the CDBG portion of the grant. Approval of this resolution would allow the return of the EDA funds back to EDA and the reallocation of the CDBG portion to other activities in our CDBG program. After ongoing discussion, EDA has now authorized the remittance in the amount of $515,779.86. Once the EDA grant is closed, the City will then work with the Department of Housing and Urban Development (HUD) to reallocate the balance of CDBG funds to the City's CDBG program. The specific reallocation program and amounts will be presented to the public and the City Council in the form of a Substantial Amendment process for their review and approval. Funding will come from the EDA Grant. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL IS OF THE OPINION THAT IT IS IN THE BEST INTEREST OF THE CITIZENS OF THE CITY OF BEAUMONT TO ENTER INTO AN AGREEMENT TO TERMINATE FINANCIAL ASSISTANCE AWARD FOR CONVENIENCE TO TERMINATE A FINANCIAL ASSISTANCE AWARD AND REMIT THE BALANCE OF $515,779.86 IN EDA FUNDS IN THE CITY'S SMALL BUSINESS REVOLVING LOAN FUND (RLF) PROGRAM TO THE UNITED STATES ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) AND TO REALLOCATE THE CDBG PORTION TO OTHER ACTIVITIES IN THE CITY'S CDBG TO BE APPROVE BY THE CITY COUNCIL AT A FUTURE DATE AND THAT THE CITY MANAGER.BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT TO TERMINATE FINANCIAL ASSISTANCE AWARD FOR CONVENIENCE TO TERMINATE A FINANCIAL ASSISTANCE AWARD AND REMIT THE BALANCE OF THE UNITED STATES ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) FUNDS IN THE AMOUNT OF $515,779.86 IN THE CITY'S SMALL BUSINESS REVOLVING LOAN FUND (RLF) PROGRAM TO THE UNITED STATES ECONOMIC DEVELOPMENTS ADMINISTRATION (EDA. Councilmember Neild seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE' MOTION PASSED Minutes — February 25, 2020 Resolution 20-040 9. Consider a resolution authorizing the City Manager to award a contract to Allco, LLC, for the Wastewater Treatment Plant Trickling Filters Rehabilitation Project. The project consists of rehabilitating two (2) primary trickling filters and two (2) secondary trickling filters. On December 19, 2019, two (2) bids were received for furnishing all labor, materials, and equipment for the project. The bid totals are indicated in the table below: Contractor Location Base Bid Amount Alternative Bid Amount Total Award Amount J.S. Haren Company Athens, TN $1,837,000.00 $112,000.00 $1,949,000.00 Allco, LLC Beaumont, TX $1,864,519.32 $111,258.36 $1,975,777.68 Engineer's Estimate $2,000,000.00 The Public Works Engineering staff recommends this project be awarded to, Allco, LLC, in the amount of $1,975,777.68. Allco, LLC's bid is 1.37% greater than the apparent low bid. Due to the City's lack of experience with the apparent low bidder, we asked for additional references. The original references were generally positive. The additional references were small projects and we could not get a response from the clients. Resumes for the Project Superintendent and Project Manager were also provided. From the Project Manager's resume, we checked with Nacogdoches, TX for their 2008 Southside Pump Station Improvement Project. Two separate contacts on the Nacogdoches project were not happy with both the quality of work and the number of change orders. Allco performed the previous rehabilitation of the trickling filters in 2006 and is already mobilized at the Wastewater Treatment Plant working on the bar screen replacement project allowing them to commence work right away. A total of 180 calendar days are allocated for completion of the project. Funds will come from the Capital Program: Approval of the resolution. Councilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO ALLCO, LLC, OF BEAUMONT, TEXAS, IN THE AMOUNT OF $1,975,777.68, FOR THE WASTEWATER TREATMENT PLANT TRICKLING FILTERS REHABILITATION PROJECT AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH ALLCO, LLC, OF BEAUMONT, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 20-041 Minutes — February 25, 2020 10. Consider a resolution authorizing the City Manager to award a bid to Texas Pride Utilities, LLC, of Houston, for the Dowlen West Pipe Bursting Contract — Phase I Project. This project will provide for the replacement of designated pipe segments by means of pipe bursting, as well as replacing manholes in the Dowlen West and Sheraton Woods neighborhoods. On December 19, 2019, nine (9) bids were solicited for furnishing all labor, materials, equipment, and supplies for the project. The nine (9) bids were as follows: Contractor Contractor Location Total Base Bid Allowance Total Award Amount Texas Pride'Utilities,LLC Houston, TX $1,047,150.00 $50,000.00 $1,097,150.00 King, Solution Services, LLC Houston, TX $1,087,425.00 $50,000.00 $1,137,425.00 Lopez Utilities Contractor, LLC Houston, TX $1,121,500.00 $50,000.00 $1,171,500.00 Vortex Turnkey Solutions, LLC Houston, TX $1,137,325.00 $50,000.00 $1,187,325.00 Barclays Premier Utility Serv., LLC Houston, TX $1,160,170.00 $50,000.00 $1,210,170.00 T -Construction, LLC Houston, TX $1,166,705.00 $50,000.00 $1,216,705.00 To -Mex Construction, LLC Houston, TX $1,224,119.01 $50,000.00 $1,274,119.01 PM Construction & Rehab, LLC dba IPR South Central Pasadena, TX $1,362,775.00 $50,000.00 $1,412,775.00 orseshoe Construction, Inc. La Porte, TX $1,800,775.00 $50,000.00 $1,850,775.00 Engineer's Estimate - $1,272,879.00 $50,000.00 $1,322,879.00 t Water Utilities Administration recommends awarding the project to Texas Pride Utilities, LLC, the low bidder, in the amount of $1,097,150.00. A total of 365 calendar days are allocated for the completion of this project. Funds will come from the Capital Program. Approval of the resolution. r Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO TEXAS PRIDE UTILITIES, LLC, OF HOUSTON, TEXAS, IN THE AMOUNT OF $1,097,150.00, FOR THE DOWLEN WEST PIPE BURSTING CONTRACT -PHASE I PROJECT AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED. Councilmember Feldschau seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 20-042 Minutes — February 25, 2020 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. WORK SESSIONS * Review and discuss the litter and homeless camping situation in. and around Interstate 10 and MLK and near the bridge west of Interstate 10 on Washington Boulevard There were pictures shown of three (3) areas within the city that deal with homelessness. The pictured areas were Interstate 10 and MLK Underpass, 7t" Street and Interstate 10 Underpass and the bridge on Washington West of Interstate 10. * Review and discuss whether to move forward with an engineering contract to engineer a new Raw Water Pump Station near Pine Street and Collier's Ferry Park Kyle Hayes, City Manager reviewed and discussed whether to move forward with an engineering contract to engineer a new Raw Water Pump Station near Pine Street and Collier's Ferry Park. It was stated that six (6) out of seven (7) Councilmembers wanted to move forward with the pump station near Pine St., and Collier's Ferry Park. The estimated cost of the new pump station which pumps 30 million gallons per day is almost_$19 Y2 million. The estimated engineering cost including the special services survey work G:O. Technical modeling is about $1.5 million. The Manager stated that administration is still waiting on FEMA approval, it has gone to Texas Department of Emergency Management and they have forwarded it to FEMA for approval. The Manager also stated that the engineering for this project is estimated to take sixteen -(16) months. It was stated that if the city moves forward to construct a new pump station there would need to be a new transmission line to bring. raw water down to the water plant, that estimated cost will be less than $15 million at this time. Review and discuss possible amendments to the Charter of the City of Beaumont Kyle Hayes, City Manager discussed possible amendments to the Charter of the City of Beaumont. The City Manager discussed Articles 7 through 15, with a total of two (2) changes. The suggested changes are as follows: Article XV; Section 3 — Ordinance Granting Franchises: original wording (All ordinances granting, amending, renewing or extending franchises shall be read at three (3) separate regular meetings of the City Council and shall not be passed finally until the final reading which shall be not less than thirty (30) days from the first reading, and such ordinances shall not take effect until sixty (60) days after their adoption on third and final reading) It was recommended to read as follows (All ordinances granting, amending, renewing or extending franchises shall be read at (1) one regular meeting of the City Council and shall take effect thirty (30) days after passage). In the last paragraph of Section 3; the original wording (After the passage of a franchise ordinance, and before its effective date, the full text of such ordinance shall be published once each week for four (4) consecutive weeks in a newspaper of general circulation published in the City of Beaumont and the expense of such publication be done by the proponent of the franchise). It was recommended to read as follows (After the Minutes — February 25, 2020 passage of a franchise ordinance, the full text of such ordinance shall be published on the City's website). Article XV; Section 4 —Exceptions —Spur Tracks: original wording (The provisions of Section. 3 of this Article relating to effective date of ordinance and publication thereof shall not be applicable to the granting of side track, spur track, or switch privileges to any franchise -holding railway connections and switch privileges to the owners or users of any industrial site. Franchises granting these privileges shall take effect ten (10) days after their adoption on third and final reading, and the full text of such ordinance shall be published once in a newspaper of general circulation published in the City of Beaumont at the expense of the proponent of the franchise). It was recommended that this section be removed Review and discuss a Storm Water Master Plan thatwas primarily conducted by Lockwood, Andrews & Newman, Inc. (LAN) Kyle Hayes, City Manager reviewed and discussed a Storm Water Master Plan that was, primarily conducted by Lockwood, Andrews & Newman, Inc..(LAN). Mr. Hayes stated that the study represents a key milestone towards the greater management and success of the City of Beaumont and is the product of massive interdisciplinary coordination -spanning the last four years, between the City of Beaumont, engineering consultants, Drainage District 6, and the general public. The final Master Drainage Plan was passed out to Council for their review. Review and discuss an assessment of the Sewer Collection System (Phase 1) that was primarily conducted by Lockwood, Andrews. & Newman, Inc. (LAN) Kyle Hayes, City Manager reviewed and discuss an assessment of the Sewer Collection System (Phase 1) that was primarily conducted by Lockwood, Andrews & Newman, Inc. (LAN) in an amount not to exceed $650,000 for Phase I, out of three possible phases identified in the Capital Program. The purpose of the contract was to analyze the City's Sewer System with an emphasis to help reduce sewer overflows. LAN partnered with Chica & Associates to perform research and conduct fieldwork to specify problem areas. As a part of Phase I, 1,660 manhole inspections were conducted. Phase I of the contract is complete and the city has paid $647,700.97. Staff is reviewing the data and will be making recommendations whether a Phase II contract will be beneficial and if so, what changes may be made to the scope of work in a second phase contract. Review and discuss the status of an update to the Street Assessment Index conducted by Infrastructure Management Services, LLC (IMS) Kyle Hayes, City Manager reviewed and discussed the status of an update to the Street Assessment Index conducted by infrastructure Management Services, LLC (IMS). Mr. Hayes went over the project summary in which the City of Beaumont hired Infrastructure Management Services, LLC (IMS) in 2011 to assess the condition of the street's city wide. The report is utilized by the Public Works Department when Minutes — February 25, 2020 deciding which streets are reconstructed or receive an asphalt overlay. In March of 2019, the City Council authorized a contract with IMS in the amount of $152,209 to update the street index. The current status was discussed stating that city staff is working with the vendor on receiving the final report and on the pricing to upload the street data to our new software system or "City Works." Review and discuss the status of a possible Drainage Improvement Study for the Henry Homberg Golf Course Kyle Hayes, City Manager discussed the status of a possible Drainage Improvement Study for the Henry Homberg Golf Course. Mr. Hayes went over the project summary in which the City Council asked the Administration to request proposals from various firms to assess the drainage needs at the golf course and make recommendations with estimated cost figures for any recommended improvements. The current status was discussed stating that the city solicited proposals from 16 firms and received one back from Pape -Dawson Engineers, Inc., based in San Antonio. City staff met with the firm in January to review their qualifications. A preliminary scope of services, without a fee budget, was received on February 19, 2020 and attached for Councils review. City staff will continue to work with the firm on their cost of services, which will be provided to the City'Council. COMMENTS * Public. Comments (Persons are limited to three minutes) James Eller 2332 Avalon St. Beaumont TX a Spoke to Council regarding the homeless, asked if Council thought about putting trash cans in those areas as well as no littering signs, commented on the raw water pump station, has an idea on shoring up the pump station that is already in place which would save the city money that can be used for something else Mary Nixon 3850 Roland Rd. Beaumont TX Spoke to Council concerning the issue regarding neighborhoods and communities lumped into the issue of homelessness, thinks that the two shouldn't be lumped together, the neighborhood and homeowners should be responsible for cleaning their properties and if they don't then the Code Enforcement Department can step in and give citations for -littering and neglect of their properties, stated that any monies left from the Harvey money should be used to construct a new water pump station, the issue of having quality of life taken away is unacceptable and the city should move on building this new station as quickly as possible Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER MOUTON - WISHED FANNIE MOUTON A HAPPY BIRTHDAY, SHE'S CELEBRATING 100 YEARS OLD ON TODAY, GAVE CONDOLENCES TO THE FAMILY OF RAYMOND ADAMS, VERY THANKFUL THAT WASHINGTON BLVD., IS NOW COMPLETE Minutes — February 25, 2020 COUNCILMEMBER SAMUEL - COMMENDED EVERYONE FOR A GREAT MARDI GRAS, IT WAS WELL ATTENDED AND HE HAD A GREAT TIME;, DIDN'T HEAR OF ANY ISSUES THAT OCCURRED MAYOR PRO TEM PATE - ECHOED WHAT COUNCILMEMBER SAMUEL STATED REGARDING MARDI GRAS, STAFF DID A WONDERFUL JOB, STATED THAT THERE WAS MINIMUM DISRUPTION AND IT WAS SAFE, THANKED ALL OF THE LOCAL COMPANIES THAT PARTICIPATED WITH THEIR FLOATS, MENTIONED ALL THE GOOD THINGS THAT ARE HAPPENING IN BEAUMONT, TX COUNCILMEMBER FELDSCHAU - SECOND WHAT EVERYONE SAID ABOUT MARDI GRAS, THE STAFF, POLICE ETC., DID A GREAT JOB, STATED THAT EVERYONE ON COUNCIL IS CONCERNED ABOUT THE HOMELESS SITUATION AND EVERYTHING WILL BE DONE TO ADDRESS THE SOLUTION REGARDING CLEANING UP AND THE CONTINUANCE TO CLEAN UP UNTIL A LONG TERM SOLUTION CAN BE FOUND TO ADDRESS THE PROBLEM, ASKED CITIZENS TO BE PATIENT WITH THE COUNCIL COUNCILMEMBER GETZ - COMMENTED ON MARDI GRAS, STATED THAT AFTER TALKING WITH POLICE OFFICERS AND OTHERS, ON SATURDAY ALONE THERE MAY HAVE BEEN OVER 15,000 PEOPLE IN ATTENDANCE, IF TRUE THAT WOULD BE INCREDIBLE, THE LAST TIME IT WAS HELD IN PORT ARTHUR THERE WAS 11,000 IN ATTENDANCE WITHIN THE FOUR DAYS, IF THAT WAS EXCEEDED IN ONE DAY THAT'S TRULY REMARKABLE, THERE WILL BE AN AFTER EVENT REVIEW TO DISCUSS THINGS LIKE PARKING ISSUES ETC., HOPES THAT COUNCIL WOULD BE GIVEN AROPPORTUNITY TO PROVIDE INPUT, COMPLIMENTED COUNCILMEMBER PATE AND THE ZAHARIAS FOUNDATION ON THE EFFORTS HE'S SEEN WITH REGARDS TO THE BABE ZAHARIAS MUSEUM, THANKED THE CITY MANAGER FOR PROVIDING TRASH CANS AT SOME OTHER PLACE, COMMENTED ON THE RAIN THAT OCCURRED ON MONDAY, SAW A REPORT THAT A NEW SECTION OF WASHINGTON BLVD., WAS HAVING SOME OVER FLOWS, ALSO IN THE WEST END ON COLLIER RD., AND SHIRE LN., AS WELL AS GALWAY AND SHAKESPEARE, ASKED FOR THESE AREAS TO BE CHECKED COUNCILMEMBER NEILD - THANKED THE CITY MANAGER AND STAFF FOR PUTTING TOGETHER THE WORKSESSIONS AS WELL AS AN OPPORTUNITY TO DISCUSS EACH ITEM, ALSO THANKED STAFF FOR A JOB WELL DONE ON MARDI GRAS CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - THANKED COUNCIL FOR ALL OF THEIR COMMENTS AND THEIR TIME THROUGH THE WORKSESSIONS, THANKED THE MAYOR ON ALL OF HER HARD WORK BEHIND THE SCENES AND TALKING WITH MARDI GRAS OF SOUTH EAST TEXAS TO, BRING IT TO Minutes — February 25, 2020 BEAUMONT, ALSO THANKED THE COUNCIL FOR SUPPORTING IT AS WELL, STAFF, MARDI GRAS OF SOUTH EAST TEXAS AND LAURA CHILDRESS DID AN EXCELLENT JOB MAYOR AMES - STATED THAT SHE'S SO VERY PROUD OF STAFF AND THE GREAT JOB THEY DID WITH MARDI GRAS, ACCORDING TO THE POLICE DEPARTMENT THERE WERE TWO MINOR INCIDENTS DURING THE FOUR DAYS WHICH WAS EXCELLENT, COMMENTED ON THE 2020 CENSUS, EVERYONE NEEDS TO GET COUNTED, MARCH 12, 2020, IS THE FIRST DAY THAT CITIZENS CAN GO ONLINE AND REGISTER AS WELL AS CALL IN, THERE WILL ALSO BE VISITS TO HOMES, ALSO ANNOUNCED HER STATE OF THE CITY ADDRESS ON THURSDAY, FEBRUARY 27, 2020, AT 11:30 A.M., AT THE EVENT CENTRE Open session of meeting recessed at 4:16 p.m. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: City of Beaumont vs. R. D. Hodges, Jr.; Cause No. B-159,358 James Mathews vs. City of Beaumont, Texas; Cause No. A-192,887 Brandy Springer, et al v. City of Beaumont and CH2M Hill Engineers, Inc.: Cause No. B-198,469 there being no: action taken in Executive Session, Council adjourned. r Tina Broussard, City Clerk Minutes — February 25, 2020 ABSTENTION AFFIDAVIT THE STATE OF TEXAS § COUNTY OF JEFFERSON § 1, �an.dRJASc c as a member of the /--�P-aUMM4 ( itv Counc , Commission, or Board) make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have a substantial in rest in a busi ess entity that would be peculiarly affected by a vote or decision of the City Coun it Commission, or Board) as those terms are defined in V.T.C.A., Local Government Code, § 1 .002. The business entity is: I )RX ere -j';'4 - (Name) in(Address) or name of relative and relationship) have/has a substantial interest in this business entity for the following reasons: (check 911 of which are applicable.) Ownership of 10 percent or more of the voting stock or shares of the business entity. Ownership of either 10 percent or more or $15,000 or more of the fair market value of the business entity. Funds received from the. business entity exceed 10 percent of (my, her, his). gross income for the previous year. Real property is involved, and (I, he, she) have an interest which is an equitable or legal ownership with a fair market value of at least $2,500. . A relative of mine, within the first or second degree by blood or marriage, has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Clerk, I affirm that I will abstain from voting on any decision involving this business entity and from any (further participation on this matter whatsoever. Signed this the Oday of r iA —,20,21) � iin / Title (- BEFORE ME, the undersigned authority, on this day personally appeared -K � R>,WSGVLGt and on oath stated that the facts hereinabove stated are true to the best of his/her k owledge or belief. SWORN to and subscribed before me on his the day of ru 206 TINA GAIL BROUSSARD Notary Public in and for the Sate of Texas xx° Notary Public, State of Texas $V- 'aZ Comm. Expires 01-12-2023 Notary ID 11435119