Loading...
HomeMy WebLinkAbout07/28/2020 MINBEAUMONT T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING W.L. Pate, Jr., At -Large BECKY AMES, MAYOR Randy Feldschau, Mayor Pro Tern Taylor Neild, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel, Ward III JULY 28, 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 July 28, 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 items 1, 4-10/Consent Agenda * Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Father Luis Urizza 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 Tern Feldschau, Councilmembers Neild, Getz, Pate, Samuel and Mouton. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions None Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on scheduled agenda items 1, 4-10/Consent Agenda Dr. Qamar Arfeen 1740 Thomas Rd. Beaumont TX Spoke regarding item No. 1 on the Agenda; to consider amending Ordinance No. 20-028 related to the Public Health Emergency Disaster for the City of Beaumont and opening certain city facilities Minutes — July 29, 2020 Nichole Hancock 4215 Brownstone Dr. Beaumont TX Spoke regarding item related to the Public certain city facilities CONSENT AGENDA No. 1 on the Agenda; to consider amending Ordinance No. 20-028 Health Emergency Disaster for the City of Beaumont and opening Approval of minutes — July 21, 2020 Confirmation of board and commission member appointments — This item was deferred Sandy Pate would fill the unexpired term of Cory Crenshaw as an Alternate to the Planning and Zoning Commission. The term would commence July 28, 2020 and expire September 30, 2021. (Mayor Becky Ames) A) Approve the renewal of an annual support agreement with Creative Switching Designs, Inc. for the City's phone system — Resolution 20-152 B) Approve the settlement of the claim of Bertha Jackson — Resolution 20-153 C) Authorize the City Manager to execute Change Order No. 5, accept maintenance, and authorize final payment to Excavation & Construction, LLC — Resolution 20-154 Councilmember Neild moved to approve the Consent Agenda. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED GENERAL BUSINESS Consider amending Ordinance No. 20-028 related to the Public Health Emergency Disaster Orders for the City of Beaumont and opening certain City facilities. On June 23, 2020, the City Council amended the Emergency Disaster Orders for the City of Beaumont to allow for the opening of all previously closed City facilities on or before July 31, 2020, with the exception of the Lakeside Center. Mayor Ames and Mayor Pro Tern Feldschau have requested that this item be placed on the agenda the reconsider the opening of certain facilities. Councilmember Neild moved to AFFIRM THE ORDINANCE THAT WAS PASSED ON JUNE 23, 2020. Councilmember Getz seconded the motion. Minutes — July 29, 2020 J AYES: COUNCILMEMBERS NEILD, GETZ AND PATE NAYS: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS SAMUEL AND MOUTON MOTION TO AFFIRM FAILED Before the vote on the motion, Councilmember Pate moved to AMEND COUNCILMEMBER NEILD'S MOTION TO SEPARATE THE EVENT CENTRE FROM THE JULIE ROGERS, JEFFERSON THEATRE AND THE CIVIC CENTER WHICH WILL REMAIN CLOSED UNTIL SUCH TIME THAT THE COUNCIL FEELS IS APPROPRIATE. Councilmember Neild Seconded the motion. AYES: COUNCILMEMBERS NEILD, GETZ AND PATE NAYS: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS SAMUEL AND MOUTON MOTION TO AMEND FAILED Mayor Pro Tern Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT AMENDING ORDINANCE 20-028 TO AMEND THE PUBLIC HEALTH EMERGENCY DISASTER ORDERS FOR THE CITY OF BEAUMONT; CONTINUING THE CLOSURE OF CERTAIN CITY FACILITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY AND PROVIDING FOR REPEAL. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS SAMUEL AND MOUTON NAYS: COUNCILMEMBERS NEILD, GETZ AND PATE MOTION PASSED Ordinance 20-031 Councilmember Getz motion for a recess, Mayor Pro Tern Feldschau seconded the motion. Council recessed at 3:30 p.m. Council reconvened at 3:42 p.m. 2. Consider a request for an Amended Specific Use Permit to allow the expansion of an air conditioning supply warehouse in a GC -MD (General Commercial — Multiple Family Dwelling) District located at 980 N Martin Luther King Parkway. M.O. Kothawala, representing M & B Investments, L.P., is requesting an amended S.U.P. (Specific Use Permit) to allow the expansion of a wholesale heating and air conditioning supply business located at 980 N. M.L. King Pkwy. City Council approved an S.U.P. to allow the existing wholesale heating and air conditioning supply business in 2007. A Variance for setbacks along the north and east property lines was also approved by the Board of Adjustment. The new building will provide an additional 5,000 square feet of space. Minutes — July 29, 2020 The previous Amended SUP was conditioned on a six (6) foot wide landscaping strip along the west side of the parking area. The additional parking was added, but the landscaping was not. In addition, staff has become aware of a possible issue with the south property line and therefore the required parking. This issue could be resolved by adjusting the site plan and if need be the parking lot, or by purchasing the lot to the south. At a Joint Public Hearing held on July 20, 2020, the Planning Commission recommended 5:0 to approve the request for an Amended Specific Use Permit to allow the expansion of an air conditioning supply warehouse in a GC -MD (General Commercial — Multiple Family Dwelling) District with the following conditions: 1. Provide a six (6) foot wide landscape strip along the west side of the parking lot between the two (2).driveways as per City of Beaumont Ordinance requirements. 2. Provide an eight (8) foot tall, wood or masonry screening fence along the east property line. 3. Show sidewalk on site plan. 4. Resolve issues with the property line to the south. Approval of the ordinance with the following conditions: 1. Provide a six (6) foot wide landscape strip along the west side of the parking lot between the two (2) driveways as per City of Beaumont Ordinance requirements. 2-. Provide an eight (8) foot tall, wood or masonry screening fence along the east property line. 3. Show sidewalk on site plan. 4. Resolve issues with the property line to the south. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF AN AIR CONDITIONING SUPPLY WAREHOUSE IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING DISTRICT AT 980 N. MARTIN LUTHER KING, JR. PARKWAY, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 20-032 3. Consider a request for a Specific Use Permit to allow an RV (Recreational Vehicle) Park in an LI (Light Industrial) District located at 5497 Fannett Road. R & P Brothers, L.L.C. has requested a Specific Use Permit to construct a Recreational Vehicle Resort at 5497 Fannett Road. The proposed RV (Recreational Vehicle) resort will provide 60 lots. An office/club house will provide laundry facilities, showers, and men's & women's restrooms. The site plan shows 20 visitor parking spaces and one ADA compliant parking space. Minutes — July 29, 2020 At a Joint Public Hearing held on July 20, 2020, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow an RV (Recreational.Vehicle) Park in an LI (Light Industrial) District with the following condition: This project will require an approved drainage plan and will require an adequate detention basin per Drainage District #6 requirements. Approval of the ordinance with the following condition: 1. This project will require an approved drainage plan and will require an adequate detention basin per Drainage District #6 requirements. Councilmember Mouton moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RECREATIONAL VEHICLE (RV) PARK IN AN LI (LIGHT INDUSTRIAL) DISTRICT AT 5497 FANNETT ROAD, WITH THE CONDITION, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Neild seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 20-033 4. Consider an ordinance authorizing the issuance of City of Beaumont, Waterworks and Sewer System Revenue and Refunding Bonds, Series 2020, and authorizing the Mayor or 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 last week, the City plans to borrow $25 million to complete various water and sewer projects that are currently in the construction phase and to start new projects identified in the Capital Program. In addition, there is an estimated $32.3 million of outstanding revenue bonds that can be refunded to achieve a lower interest rate and savings. Historically, when the City issued or refunded revenue bonds, the sale would take place on a Monday to bring the transactions forward at the City Council meeting the following day. With the quickly changing financial markets, the most favorable time to enter the 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 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 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. Minutes — July 29, 2020 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 the Council meeting. The proposed parameters included in the proposed ordinance for Series 2020, as described above, includes: Delegated Pricing Officers: Mayor or City Manager and Chief Financial Officer Maximum Principal Amount Series 202OA: $44.5 million Maximum Principal Amount Series 202OB: $13.5 million Interest Rate: Not greater than 4.5% per annum Minimum Savings Threshold: 3% present value savings Expiration of Parameter Authority: January 1, 2021 Interest will be payable semiannually in March and September beginning March 1, 2.021. Principal and interest are paid from the Water Utilities Fund which is supported by water and sewer revenues. Approval of the ordinance. Mayor Pro Tern Feldschau moved to ADOPT AN ORDINANCE AUTHORIZING THE ISSUANCE OF THE CITY OF BEAUMONT, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE AND REFUNDING BONDS, SERIES 2020A IN ONE OR MORE SERIES OR SUBSERIES AS MAY BE FURTHER DESIGNATED; AUTHORIZING EACH OF THE MAYOR, THE CITY MANAGERAND CHIEF FINANCIAL OFFICERTO 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 THE DEFEASANCE, FINAL PAYMENT, AND DISCHARGE OF CERTAIN OUTSTANDING BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE ESCROW AGREEMENTS; AUTHORIZING THE PURCHASE. OF AND, SUBSCRIPTION FOR CERTAIN ESCROWED SECURITIES; AUTHORIZING ESCROW VERIFICATION AND ENGAGEMENT OF AN ESCROW AGENT; AUTHORIZING BOND INSURANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT/REGISTRAR AGREEMENT AND OTHER RELATED DOCUMENTS; AND MAKING OTHER PROVISIONS REGARDING SUCH BONDS. Councilmember Neild seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 20-034 Minutes — July 29, 2020 Councilmember Mouton moved to ADOPT AN ORDINANCE AUTHORIZING THE ISSUANCE OF THE CITY OF BEAUMONT, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE REFUNDING BONDS, SERIES 2020B IN ONE OR MORE SERIES OR SUBSERIES AS MAY BE FURTHER DESIGNATED; AUTHORIZING EACH OF THE MAYOR, THE CITY MANAGER AND 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 THE DEFEASANCE, FINAL PAYMENT, AND DISCHARGE OF CERTAIN OUTSTANDING BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE ESCROW AGREEMENTS; AUTHORIZING THE PURCHASE OF AND, SUBSCRIPTION FOR CERTAIN ESCROWED SECURITIES; AUTHORIZING ESCROW VERIFICATION AND ENGAGEMENT OF AN ESCROW AGENT; AUTHORIZING BOND INSURANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT/REGISTRAR AGREEMENT AND OTHER RELATED DOCUMENTS; AND MAKING OTHER PROVISIONS REGARDING SUCH BONDS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 20-035 5. Consider an ordinance authorizing the issuance of City of Beaumont, General Obligation Refunding Bonds, Series 2020A and City of Beaumont General Obligation Refunding Bonds, Taxable Series 2020B and authorizing the Mayor or City Manager and Chief Financial Officer to approve the amounts, interest rates, prices, and terms thereof for the series and to execute all documents related to the sale of the Bonds. As presented in a work session last week, there is an estimated $111.1 million of outstanding general obligation and certificates of obligation bonds that can be refunded in order to achieve a lower interest rate and savings. Historically, when the City issued or refunded obligation bonds, the sale would take place on a Monday in order to bring the transactions forward at the City Council meeting the following day. With the quickly changing financial markets, the most favorable time to enter the 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 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 anytime and in an Minutes — July 29, 2020 interest rate environment that is advantageous to the City rather than being locked into pricing on the date of the Council meeting. The proposed parameters included in the proposed ordinance for Series 2020 as described above, includes: Delegated Pricinq Officers: Mayor or City Manager and Chief Financial Officer Est. Maximum Principal Amount Series 202OA: $32 million Interest Rate: Not greater than 4.5% per annum Minimum Savings Threshold: 4.5% present value savings Expiration of Parameter Authority: December 31, 2020 Interest will be payable semiannually in March and September beginning March 2021. Est. Maximum Principal Amount Taxable Series 202OB: $82 million Interest Rate: Not greater than 4.5% per annum Minimum Savings Threshold: 4.5% present value savings Expiration of Parameter Authority: December 31, 2020 Interest will be payable semiannually in March and September beginning March 2021. Principal and interest are paid from the Debt Service Fund. Approval of the ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE ADOPT AN ORDINANCE AUTHORIZING THE ISSUANCE OF THE CITY OF BEAUMONT, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2020A IN ONE OR MORE SERIES OR SUBSERIES AS MAY BE FURTHER DESIGNATED; AUTHORIZING EACH OF THE MAYOR, THE CITY MANAGER AND 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 THE DEFEASANCE, FINAL PAYMENT, AND DISCHARGE OF CERTAIN OUTSTANDING OBLIGATIONS; AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE 'ESCROW AGREEMENTS; AUTHORIZING THE PURCHASE OF AND, SUBSCRIPTION FOR CERTAIN ESCROWED SECURITIES; AUTHORIZING ESCROW VERIFICATION AND ENGAGEMENT OF AN ESCROW AGENT; AUTHORIZING BOND INSURANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT/REGISTRAR AGREEMENTAND OTHER RELATED DOCUMENTS; AND MAKING OTHER PROVISIONS REGARDING SUCH BONDS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON Minutes - July 29, 2020 NAYS: NONE MOTION PASSED Ordinance 20-036 Councilmember Pate moved to ADOPT AN ORDINANCE ADOPT AN ORDINANCE AUTHORIZING THE ISSUANCE OF THE CITY OF BEAUMONT, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2020B IN ONE OR MORE SERIES OR SUBSERIES AS MAY BE FURTHER DESIGNATED; AUTHORIZING EACH OF THE MAYOR, THE CITY MANAGER .AND 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 THE DEFEASANCE, FINAL PAYMENT, AND DISCHARGE OF CERTAIN OUTSTANDING OBLIGATIONS; AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE ESCROW AGREEMENTS; AUTHORIZING THE PURCHASE OF AND, SUBSCRIPTION FOR CERTAIN ESCROWED SECURITIES; AUTHORIZING ESCROW VERIFICATION AND ENGAGEMENT OF AN ESCROW AGENT; AUTHORIZING BOND INSURANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT/REGISTRAR AGREEMENT AND OTHER RELATED DOCUMENTS; AND MAKING OTHER PROVISIONS REGARDING SUCH BONDS. Mayor Pro Tern Feldschau seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 20-037 6. Consider a resolution providing for the reimbursement of capital expenditures incurred prior to the closing of financing. The 2020 Capital Program Budget includes ongoing water and sewer infrastructure improvements that will continue into FY 2021. As of June 30, 2020, the Water Utilities Improvement Fund has a cash balance of just over $550,000. Bond proceeds in the amount of $25 million is being requested to fund those ongoing infrastructure improvements for fiscal years 2021 and 2022. The proceeds from this bond issue will not be received until early October of 2020 and it is expected that the Water Utilities Fund will have depleted the remaining cash balance prior to receiving those funds. A reimbursement resolution is warranted to allow the City to reimburse itself out of the proceeds of the financing. The debt proceeds related to this financing will be recorded in the Water Utilities Improvement Fund. Approval of the resolution. Minutes = July 29, 2020 7 Councilmember Mouton moved to APPROVE A RESOLUTION DECLARING AN INTENT TO REIMBURSE THE CITY OF BEAUMONT FOR CERTAIN FUNDS EXPENDED IN CONNECTION WITH THE CITY'S FUNDING OF WATER AND SEWER INFRASTRUCTURE IMPROVEMENTS FROM PROCEEDS OF WATERWORKS AND SEWER SYSTEM REVENUE BONDS TO BE ISSUED WITH THE CITY WITHIN ONE YEAR. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 20-155 Consider a resolution approving a contract for the purchase of sodium hydroxide foruseby the Water Utilities Department. Sodium hydroxide is used to purify the City's water supply. The Water Utilities Department expects to purchase approximately five hundred thirty-two (532) dry tons of this material during the term of this contract. Formal bids were requested from nine vendors; four responded. DXI Industries, Inc. responded with a bid of $428.42 per ton and a total estimated amount of $227,919.44. This represents an $18.42/ton or (4.5%) increase in the price of this material over the last contract. Specifications allow for a six-month contract with the option of two renewals of six- month terms at the same pricing as the awarded contract. DXI Industries, Inc., has previously held this contract. There are no local vendors of this commodity. Funds will come from the Water Utilities Fund. Approval of the resolution. Councilmember Pate moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY DXI INDUSTRIES, INC., OF HOUSTON, TEXAS, FOR A SIX (6) MONTH CONTRACT, WITH THE OPTION OF TWO (2) RENEWALS OF SIX (6) MONTH TERMS AT THE SAME PRICING AS THE AWARDED CONTRACT, FOR THE PURCHASE OF SODIUM HYDROIXIDE IN THE UNIT PRICES FORAN ESTIMATED TOTAL EXPENDITURE OF $227,919.44 BE ACCEPTED BY THE CITY OF BEAUMOTN; AND, THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH DXI INDUSTRIES, INC., OF HOUSTON, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 20-156 Minutes — July 29, 2020 8. Consider a resolution authorizing the City Manager to award a contract to Placo, Ltd., of Lumberton, for the Astor Street Lift Station Repairs. The contract shall provide for the removal of the existing electrical panel and installation of a new elevated platform, and new electrical equipment to the Astor Street Lift Station due to damages from Tropical Storm Harvey. On July 8, 2020, three (3) bids were received for furnishing all labor, materials, equipment, and supplies for the project. The bid totals are indicated in the table below: Contractor Contractor Location Total Award Amount Placo, Ltd. Lumberton, Texas $151,546.39 BDS Constructors LLS dba MK Constructors Vidor, Texas $153,587.00 ALLCO Beaumont, Texas $203,851.00 Engineer's Estimate $112,000.00 Based on a review of the bids and required documents received, the Water Utilities Department agrees with Schaumburg & Polk, Inc., and recommends awarding the project to the lowest bidder, Placo, Ltd., in the amount of $151,546.39 A total of 120 calendar days are allocated for the completion of this project. $101,647.43 will come from FEMA and $49,898.96 will come from the Harvey Fund. Approval of the resolution. Councilmember Neild to APPROVE RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO PLACO, LTD., OF LUMBERTON, TEXAS, IN THE AMOUNT OF $151,546.39, FOR THE ASTOR STREET LIFT STATION REPAIRS PROJECT AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH PLACO, LTD., OF LUMBERTON, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE ABSTAIN: MAYOR PRO TEM FELDSCHAU MOTION PASSED Resolution 20-157 9. Consider a resolution approving a contract for the construction of a new fixed knot and ornamental fence at the Tyrrell Park Botanical Garden Center. The City requested proposals for a new fixed knot and ornamental fence system to enclose the Tyrrell Park Botanical Garden Center complex to mitigate damage to the property by feral hogs. Bids were requested from twelve (12) vendors and two responses were received. The low qualified bid to complete the base bid was received from Al Maida of Beaumont in the Minutes — July 29, 2020 amount of $65,500 with an alternate bid of $5,500 for the installation of approximately 1,643 linear feet of below grade hog barrier. The contractor will complete the base bid. in 30 calendar days or a total of 45 calendar days if the alternate bid is awarded. Funds will come from the Capital Reserve Fund. Approval of the resolution. Councilmember Mouton moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY Al MAIDA, OF BEAUMONT, TEXAS, IN THE AMOUNT OF $65,500.00 FOR THE INSTALLATION OF A NEW FIXED KNOT AND ORNAMENTAL FENCE AT TYRRELL PARK BOTANICAL GARDEN CENTER, WITH AN ALTERNATE BID OF $5,500.00 FOR THE INSTALLATION OF APPROXIMATELY 1,643 LINEAR FEET OF BELOW GRADE HOT BARRIER BE ACCEPTED BY THE CITY OF BEAUMONT AND THAT THE CITY MANAGER IS AUTHORIZED TO EXECUTE A CONTRACT WITH Al MAIDA, OF BEAUMONT, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 20-158 WORK SESSION Review and discuss the findings of the Phase I Assessment of the Sewer System Russ Ford with Lockwood, Andrews and Newman Inc., (LAN), reviewed and discussed the findings of the Phase I Assessment of the Sewer System. The key terms discussed was the SSOI which is the Sanitary Sewer Overflow Initiative, the sewer shed which is the collection system that flows to a common junction, the inflow and infiltration, as well as the overflow, fats, roots, oils and grease that's found in the sanitary sewer. There was also discussion regarding the introduction to the project and the area of study in which there's more than 85 square miles of service area, 700 miles of sanitary sewer, 70 lift stations, 9,500 manholes and field work in 5 subareas of the system. The SSOI Phase 1 will consist of several components which will include the primary task, focus, prioritization, plan and conduct of the field work, as well as the data integration, recommendation for the rehab/repair of manholes, steps to be taken, the existing conditions that need to be completed and the existing conditions observations. The summary of the SSOI Phase 1 was the scope of the work, the goals to be accomplished and the manhole rehab/repair/replacement contracts. Minutes — July 29, 2020 Review and discuss the operations of the Water Department Kyle Hayes, City Manager reviewed and discussed the operations of the Water Department. Mr. Hayes stated that the Water Department is a $53 million dollar operation, it's the city's largest department from a dollar standpoint. The city operates the water plant that provides potable water to an estimated 120,000 residents as well as to businesses and some industry. The Water Department is also responsible for a sewer treatment plant, a water maintenance/repair division, a sewer maintenance/repair division as well as a quality control division. There were questions asked by Councilmembers regarding the brown water that was reported by citizens, those questions were answered by staff present at the meeting. Review and discuss making application to FEMA for Hurricane Harvey Direct Administrative Costs Bart Bartkowiak, Public Works Director reviewed and discussed making application to FEMA for Hurricane Harvey Direct Administrative Costs (DAC). Mr. Bartkowiak stated that during certain federally declared disasters administrative cost directly involving recovery efforts by employees are eligible for reimbursement. Normally, this time is calculated separately by each project. However, following "Superstorm" Sandy's impact on the Northeast portion of the Country, FEMA established a pilot program to simplify and reduce the administrative burden on all parties by allocating 4% of total federal funding awarded to the jurisdiction as an additional allocation to cover administrative cost. Upon completion of the project repairs, an additional 1 % of the total allocation is awarded. This option was offered for Hurricane Harvey for DAC, which covers payroll time for working directly on Harvey related projects. Beaumont has 69 projects ongoing with FEMA, currently obligating about $68.8 million dollars. Several projects have not been obligated yet and some additional funding is likely. At this time, approximately $2.7 million dollars is available under (DAC), this is 100% with no match required. Staff would like to apply for the DAC funding for a number of projects, the projects need to be mitigation type projects related to preventative measures or improvement for future events. The list has money for updating Atlas 14 for the Master Drainage Study as well as getting LAN's help to apply for a large river diversion project. Approximately $110,000.00 for payroll reimbursement for administrative cost, $10,000.00 for a sandbagging machine, $37,000.00 for a personal flotation device for first responders, $500,000.00 for two additional caustic storage tanks at the Pine Street water plant, $200,000.00 for a mixer for the Dishman water storage tank, $250,000.00 to upgrade a SCADA system at the Loeb water treatment facility and $400,000.00 for rehabilitation of the Loeb water storage tanks. GENERAL BUSINESS 10. Consider a resolution authorizing the City Manager to make application to FEMA for Hurricane Harvey Direct Administrative Costs. During certain federally declared disasters, administrative costs directly involving recovery efforts by employees are eligible for reimbursement. Normally, this time is calculated separately for each project. However, following "Superstorm" Sandy's impact on the Northeast portion of the country, FEMA established a pilot program to simplify and reduce the Minutes —July 29, 2020 administrative burden on all parties by allocating 4% of total federal funding awarded to the jurisdiction as an additional allocation to cover administrative costs. Upon completion of the project repairs, an additional 1 % of the total allocation is awarded. This option was offered for Hurricane Harvey for Direct Administrative Costs (DAC), which covers payroll time for working directly on Harvey related projects. Beaumont has 69 projects ongoing with FEMA, currently obligating about $68.8M. Several projects have not been obligated yet and some additional funding is likely. At this time, approximately $2.7M is available. Staff would like to apply for DAC funding for the following projects to the extent DAC is available: 1. Approximately $276,330 would for an Atlas 14 update to the Master Drainage plan to comply with latest rainfall projections. 2. Approximately $110,000 for Payroll reimbursement for administrative costs in processing Harvey projects over the past three years. 3. Approximately $10,000 for a sandbagging machine that would reduce personnel requirements for filling sandbags. 4. Approximately $37,000 for Personal Flotation Devices (PFDs) to mitigate hazards for first responders conducting search and rescue operations in high water and flooded areas. 5. Approximately $500,000 for two additional caustic storage tanks at the Pine Street water plant needed for maintaining water production when it is difficult to get additional chemical shipments. 6. Approximately $200,000 for a "mixer" for the Dishman Water Storage Tank to mitigate water stagnation during off-peak usage. 7. Approximately $250,000 to upgrade the SCADA system at Loeb .Water Treatment Facility to enhance reliability and enable remote monitoring and control. 8. Approximately $400,000 for rehabilitation of the Loeb water storage tanks to mitigate leakage and protect the water integrity. Funds will come from the FEMA Direct Administrative Costs. Approval of the resolution. Councilmember Mouton moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL IS OF THE OPINION THAT IT IS IN THE BEST INTEREST OF THE CITIZENS OF BEAUMONT TO AUTHORIZE THE CITY MANAGER TO APPLY TO FEMA FOR HURRICANE HARVEY DIRECT ADMINISTRATIVE COSTS (DAC). Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 20-159 Minutes — July 29, 2020 COMMENTS Public Comments (Persons are limited to three minutes) Steve Hoffman 7045 Blarney St. Beaumont TX Spoke to Council regarding the brown water and the fact that citizens are afraid of the discoloration, citizens are concerned that they aren't getting the right information concerning the brown water, asked that the city get the information out on social media and that the information be accurate, also there should be press releases put out on the news channels etc., so that citizens will know what's going on prior to it happening, asked the city to just be transparent Councilmembers/City Manager/City Attorney. comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - NONE COUNCILMEMBER GETZ - STATED THAT CITIZENS CAN HANDLE A LOT IF THE CITY PREPS THEM AND TELLS THEM WHAT'S COMING, THE CITY HAS THE ABILITY TO COMMUNICATE WITH CITIZENS, WHEN THE CITY KNOWS THAT SOMETHING BAD IS ABOUT TO HAPPEN INFORM THE CITIZENS PRIOR TO IT HAPPENING, ENCOURAGE THE ADMINISTRATION TO USE SOCIAL MEDIA TO KEEP CITIZENS INFORMED MAYOR PRO TEM FELDSCHAU - STATED THAT HE BELIEVES THAT EVERY MEMBER OF THE COUNCIL, CITY STAFF, MEDICAL PERSONNEL AND THE MAJORITY OF THE COMMUNITY ARE CONCERNED WITH THE HEALTH AND WELLBEING OF THE CITIZENS, THERE MAY BE DIFFERENT OPINIONS OF HOW WE MITIGATE THE PANDEMIC BUT WE MUST REMIND OURSELVES TO STAY UNIFIED IN OUR DEFEAT OF IT, THERE ARE TWO VIRUSES IN OUR COMMUNITY, ONE BEING COVID-19 AND THE SECOND IS THE ENTRENCHING DIVISIVE AND SOMETIMES UNYIELDING ATTITUDE THAT IS TEARING AT THE VERY FABRIC OF OUR COMMUNITY, FAMILY AND FRIENDS ARE BEING DIVIDED OVER MASK, SOCIAL DISTANCING, THE REPORTING OF NUMBERS AND YES THE OPENING AND CLOSING OF VENUES, STATED THAT A HEALTHY DEBATE IS GOOD AND A HEALTHY DEBATE IS RIGHT BUT WE MUST AGREE TO DISAGREE WITHOUT VILIFYING OUR NEIGHBORHOODS, LET US MAKE SURE WE LIVE THROUGH THE PANDEMIC AND ARE ABLE TO LIVE WITH EACH OTHER AFTER IT'S OVER COUNCILMEMBER PATE - STATED THAT MAYOR PRO TEM FELDSCHAU MENTIONED LEADERSHIP, STATED THAT LEADERSHIP IS THE ABILITY TO GET PEOPLE TO DO WHAT YOU WANT THEM TO DO BECAUSE THEY WANT TO DO IT, STATED THAT DATA SHOULD BE LOOKED AT BUT IT WON'T ALWAYS BE INTERPRETED IN THE SAME WAY, Minutes — July 29, 2020 EVERYONE NEEDS TO MAKE SURE THEY ARE LOOKING AT THE SAME THING, COUNCIL WILL ALWAYS WORK TOGETHER BUT MAY NOT ALWAYS AGREE COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER MOUTON - THANKED THE MAYOR FOR ALLOWING HER TO HAVE A MOMENT OF SILENCE FOR HOUSE REPRESENTATIVE JOHN LEWIS TO REMEMBER HIS LIFE AND LEGACY, THANKED DR. ARFEEN AND DR. HANCOCK WHO GAVE EXPRESSIONS OF WHAT THEY DEAL WITH AS DOCTORS ON A DAILY BASIS AND FOR WHAT'S HAPPENING IN THE COMMUNITY AND HOSPITALS, APPRECIATED THE INFORMATION THAT WAS PROVIDED, GAVE CONDOLENCES TO THE FAMILIES OF COACH ANDREW WASHINGTON, REV. VICKIE GIBBS, DOROTHY LYNDSEY, AARON TAYLOR AND WILLIS JACKSON CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - COMMENTED ON COVID-19, THERE'S BEEN THREE MORE DEATHS FROM COVID ON TODAY, REMINDED EVERYONE ABOUT THE 2020 CENSUS, IF CITIZENS HAVEN'T FILLED OUT THE CENSUS, ASKED THAT THEY DO, STATED THAT TWO COUNCILMEMBERS HAVE TALKED ABOUT DIVISIVENESS AND WORKING TOGETHER, THINKS THEY ALL SHOULD TRY HARD TO WORK TOGETHER AND NOT ATTACK EACH OTHER, STATED THAT SHE BELIEVES IN LEADERSHIP AND THAT LEADERSHIP SOMETIMES TAKES THE COURAGE TO DO THINGS THAT MIGHT NOT BE POPULAR BUT IT'S DONE TO PROTECT YOURSELF AND THE FUTURE, MEANING OUR CHILDREN, WE WILL GET THROUGH THIS Open session of meeting recessed at 6:02 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.072 of the Government Code: Specifically city -owned property at 3455 Sarah Street being no action taken in Executive Session, Council adjourned a Tina Broussard, City Clerk Minutes — July 29, 2020 ABSTENTION AFFIDAVIT THE STATE OF TEXAS § COUNTY OF JEFFERSON § i,_�&nAi FfI� d6c gas a member of the"&-� ( Coun ' , Commission, or Board) mat this affidavit and hereby on oath state the following: I, and/orIa person or persons related to me, ha a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the .UM 6VUt (City Council, Commission, or Board) as those terms are defined in V.T.C.A., Local Government Code, § 1 The business entity is: L+ eA � --:`%'m 0 (Name) (Address) ("I," or name of relative and relationship) have/has a substantial interest in this business entity for the following reasons: (check all 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 Cleric, I affirm that I will abstain from voting on any decision involving this business entityandfrom any f rther participation on this matter whatsoever. Signed this the D L4 oay of , 20 4 0 . of Official Title _ BEFORE ME, the undersigned authority, on this day personally appeared , L i and on oath stated that the facts hereinabove stated are true to the best of his/her k wledge or belief. SWORN to and subscribed before me A this the day of A , 20Z. U ' kTINA GAIL BRQUSSARD 4L °''' ...- Notary Public, State of Texas Notary Public in and for the Sate of Texas .. �� Comm: Expires 01-12=2023 .Notary ID 11435119