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HomeMy WebLinkAbout02/15/2022 MINlaEAVJ%A©NT T E X A S MINUTES OF THE CITY OF BFEE ALUMONT COUNCIL MEETING Albert "A_J_" Turner Jr_, At -Large ROBIN MOUTON, MAYOR Randy Feldschau, At -Large Taylor Neild, Ward 1 CITY COUNCIL MEETING Michael Getz, Ward 11 Audwin Samuel, Mayor Pro Tam FEBRUARY 15, 2022 Chris E3urio, Ward IV Tina Broussard, City Clerk Kyle Hayes, 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 February 1 5, 2022, 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 and Agenda items 1-5 Mayor Mouton called the council meeting to order at 1 :30 p.m. Pastor Jason Carr with the Apostolic Church gave the invocation. Mayor Mouton led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk_ Present at the meeting were Mayor Mouton, Mayor Pro Tem Samuel, Councilmembers curio, Getz, Turner, Feldschau and Neild. Also, present were Kyle Hayes, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions None Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-5 Gary Robbins F'T:Zfi+-z 221 Ta ITf =3 CrI: III Beaumont TX Spoke to Council regarding the Discussion item; Review and discuss requests from developers for support of an affordable housing project at 5945 College as well as a proposed project at the southeast corner of North Major E)rive and Phelan Boulevard and Item *3 on the agenda; Consider Authorizing the City Manager to award a contract to Greenspace Six, LLC, of Baytown for the Concrete Pavement Repair City Wide -Phase 11 Project Minutes —February 15, 2022 Claire Dykeman 1475 Continetal Beaumont TX Spoke to Council regarding item #4 on the agenda; Consider authorizing the City Managerto award a contract to Elite Contractors & Equipment, LTD, of Kirbyville for the Fleet Management Parking Lot Reconstruction Project -Phase II 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. Approval of the February 8, 2022, City Council Meeting Minutes B. Approve the purchase of splash pad equipment for Sprott Park from Kraftsman Commercial Playgrounds & Water Parks of Spring, Texas - Resolution 22-050 C. Authorize the City Manager to execute an Advanced Funding Agreement with the Texas Department of Transportation - Resolution 22-051 D. Authorize the Mayor to execute a waiver granting permission for the Jefferson County Mosquito Control District to operate aircraft at a low altitude over the City of Beaumont for mosquito control purposes - Resolution 22-052 E. Approve a resolution terminating a lease agreement between the City of Beaumont and Jefferson County - Resolution 22-053 F. Approve a resolution rejecting the bids received for the Water Treatment Plant Walkway and Safety Improvements Project - Resolution 22-054 G. Authorize the City Attorney to file suit against Netflix, Inc., Hulu LLC., Disney DTC LLC, and other video service providers - Resolution 22-055 Councilmember Neild moved to approve the Consent Agenda. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED AGENDA 1. Consider an ordinance denying the change in rates requested in Entergy Texas, Inc.'s Statement of Intent filed with the City on January 31, 2022. On January 31, 2022, Entergy Texas Inc. ("ETI") filed an application for approval of two voluntary renewable option tariffs, Riders Small Volume Renewable Options ("SVRO") and Large Volume Renewable Options ("LVRO"), with the City in its service area and concurrently with the Public Utility Commission of Texas ("Commission"). Both Riders are voluntary offerings that give customers the ability to match some or all of their monthly Minutes — February 15, 2022 electricity usage with renewable energy credits that are purchased by ETI and retired on the customer's behalf. The monthly Rider SVRO charge for a residential customer using approximately 1,000 kWh per month would range from approximately $3.83 to $10.10 depending on the level of participation they choose. The program is completely voluntary, so no customer would be charged under Riders SVRO or LVRO unless they opt in. ETI has requested action on this Statement of Intent so that if denied the matter can be joined with the proceeding before the Public Utility Commission of Texas. A denial of the request will allow the application to proceed before the Public Utility Commission of Texas for a full review. Reasonable expenses associated with rate cases are reimbursable by the company as provided for in the Public Utility Regulatory Act. Approval of ordinance. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, (OR "CITY") DECLINING TO APPROVE THE CHANGE IN RATES REQUESTED IN ENTERGY TEXAS, INC'S ("ETI" OR "COMPANY") STATEMENT OF INTENT FILED WITH THE CITY ON JANUARY 31, 2022, AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS CONSIDERED WAS OPEN TO THE PUBLIC AND IN ACCORDANCE WITH TEXAS LAW. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-012 2. Consider a request to extend the deadline to commence construction of a cell tower to be located at 5580 Cole Street. Lou Katzerman representing TVTI, L.L.C., D.B.A. Tower Ventures is requesting an extension for the Specific Use Permit issued in February of 2020 to construct a one hundred eighty (180) foot cellular tower at the rear of 5580 Cole Street. The City of Beaumont Zoning Ordinance states "Unless construction... (is) commenced and substantially underway within a two-year period, the specific use permit shall become null and void. Extensions of time for good case may be approved by the city council." In February of 2020, City Council approved ordinance number 20-007 to allow a Specific Use Permit for a cell tower in a GC -MD (General Commercial - Multiple Family Dwelling) District with the following conditions: 1. 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. Minutes — February 15, 2022 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. The applicant is requesting additional time due to delays cause by the Covid-19 pandemic. The Administration recommends a new deadline of February 15, 2023, with the following conditions: 1. 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. Councllmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW THE CONSTRUCTION OF A CELLULAR TOWER IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 5580 COLE STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-013 3. Consider authorizing the City Manager to award a contract to Greenscapes Six, LLC, of Baytown for the Concrete Pavement Repair City Wide -Phase 11 Project. The Concrete Pavement Repair City Wide — Phase II Project consists of removing and replacing concrete pavement, concrete curb, crack sealing concrete pavement, and all other work related to concrete pavement repair. On February 3, 2022, four (4) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate is $3,200,000.00. The bid totals are indicated in the table below: Contractor Location Base Bid Amount Greensca es Six, LLC Baytown, TX $2,397,669.50 MK Constructors Vidor, TX $2,987,442.00 Brystar Contracting, Inc. Beaumont, TX $3,169,610.00 Minutes — February 15, 2022 ALLCO, LLC I Beaumont, TX $3,184,358.00 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, Greenscapes Six, LLC, in the amount of $2,397,669.50. A total of 365 calendar days are allocated for completion of the project. Funds will come from the Capital Program — Street Rehabilitation Program. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO GREENSPACES SIX, LLC, OF BAYTOWN, TEXAS, IN THE AMOUNT OF $2,397,669.50, FOR THE CONCRETE PAVEMENT REPAIR CITY WIDE -PHASE II PROJECT; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH GREENSPACES SIX, LLC, OF BAYTOWN, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-056 4. Consider authorizing the City Manager to award a contract to Elite Contractors & Equipment, LTD, of Kirbyville for the Fleet Management Parking Lot Reconstruction Project -Phase II. The Fleet Management Parking Lot Reconstruction Project —Phase II consists of reconstructing the northeast portion of the facility's parking lot. Additional improvements include replacing a portion of the perimeter fence and regrading/ditch modifications to improve the overall drainage. On February 3, 2022, eight (8) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's estimate is $1,600,000.00. The bid totals are indicated in the table below: Contractor Location Base Bid Amount Elite Contractors & Equipment, LTD Kirb ville, TX $1,584,104.00 A-1 Construction Services Houston, TX $1,724,591.50 Construction Managers of Southeast Texas, LLC Beaumont, TX $1,781,400.08 Brystar Contracting, Inc. Beaumont, TX $1,793,665.00 Deztex Industrial Services, LLC dba Ramtex Beaumont, TX $1,850,640.42 BIDS Constructors, LLC dba MK Constructors Vidor, TX $2,039,944.00 Polivka International Co. Inc Weddin ton, NC $2,175,547.50 Greensca es Six, LLC Ba town, TX $3,020,208.00 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, Elite Contractors & Equipment, LTD, in the amount of $1,584,104.00. A total of 183 calendar days are allocated for completion of the project. Minutes — February 15, 2022 Funds will come from the Capital Program. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO ELITE CONTRACTORS & EQUIPMENT, LTD, OF KIRBYVILLE, TEXAS, IN THE AMOUNT OF $1,584,104.00, FOR THE FLEET MANAGEMENT PARKING LOT RECONSTRUCTION PHASE II PROJECT AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH ELITE CONTRACTORS & EQUIPMENT, LTD, OF KIRBYVILLE, TEXAS. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-057 5. Consider authorizing the City Manager to award a contract to Gulf Coast, a CRH Company, of Beaumont for the Spindletop Avenue Roadway and Drainage Rehabilitation Project. The Spindletop Avenue Roadway and Drainage Rehabilitation Project consists of stabilizing roadway base, resurfacing roadway pavement with Hot Mix Asphalt Concrete, removing and replacing driveway culverts, and regrading and reshaping drainage ditches. On February 3, 2022, three (3) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate is $531,000.00. The bid totals are indicated in the table below: Contractor Location Base Bid Amount Gulf Coast, a CRH Company Beaumont, TX $508,223.00 ALLCO, LLC Beaumont, TX $525,525.70 LD Construction Beaumont, TX $694,435.00 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, Gulf Coast, a CRH Company, in the amount of $508,223.00. A total of 124 calendar days are allocated for completion of the project. On January 11, 2022, by Resolution No. 22- 017, City Council authorized an Interlocal Agreement with Jefferson County to reimburse the city for 50% of the costs, not to exceed $265,000.00. Funds will come from the Capital Program — Street Rehabilitation Program. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO GULF COAST, A CRH COMPANY, OF BEAUMONT, TEXAS, IN THE AMOUNT OF $508,223.00, FOR THE SPINDLETOP AVENUE ROADWAY AND DRAINAGE REHABILITATION PROJECT; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO Minutes — February 15, 2022 EXECUTE A CONTRACT WITH GULF COAST, A CRH COMPANY, OF BEAUMONT, TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-058 DISCUSSION ITEM * Review and discuss requests from developers for support of an affordable housing project at 5945 College as well as a proposed project at the southeast corner of North Major Drive and Phelan Boulevard COMMENTS Chris Boone, Planning and Community Development Director, reviewed and discussed the requests from developers for support of an affordable housing project at 5945 College as well as a proposed project at the southeast corner of North Major Drive and Phelan Boulevard. Mr. Boone stated that there are two developers are applying to the Texas Department of Housing and Community Affairs (TDHCA) for Housing Tax Credits (HTC's) for the development of affordable housing within the city. In order to submit the application, TDHCA requires that the City Council acknowledge and confirm that the City of Beaumont has more than twice the state average of units per capita supported by Housing Tax Credits or Private Activity Bonds. In addition, the developers are seeking additional support of their projects in order to achieve a better score for their project. This could include a statement of support for a project as well as financial support in the form of a $500 permit fee waiver. The two projects are: • The Ranch at West Beaumont, a proposed one hundred thirty-two (132) unit family housing development, located at 5945 College. The developer is Beaumont BFR, LP, a subsidiary of ITEX of Houston. • Pioneer Crossing for Seniors, a proposed seventy-two to eighty (72-80) unit senior housing development, located at the southeast corner of North Major Dr. and Phelan Blvd. The developer is Beaumont PC for Seniors, LLC/Betco of Austin. The City Council could support one, both or neither project. If there is interest to move forward, resolutions would be submitted for consideration at the City Council meeting on February 22, 2022. The Mayor asked that both projects be put on the agenda next week as an action for Council to vote on. Public Comments (Persons are limited to three minutes) Minutes — February 15, 2022 Gary Robbins 9805 Phelan Blvd. Beaumont TX Stated that he has listened to the discussion regarding housing, the city has housing, there's single family and multiple family housing, what was discussed with one of the projects is that it would be just for seniors, one was just built on the northeast corner, hasn't heard anyone talk about that project that's already been built and now the Council is considering letting company's build more housing, also commented on the value of the homes through the tax office, as well as local contractors, stated that the young people are leaving Beaumont because there's nothing here to do Vernon Durden 16436 Westbury Rd. Beaumont TX Expressed his condolences to Councilmember Getz for what he's going through with his wife, spoke to Council on behalf of Lela and Orlando Cormier who are out of town, they thought that they were going to be on the agenda today, they have property on Phelan, they are asking for a variance, the entrance to the property is on Old Calder Rd., the Cormier's have put buildings on the back of their property and have a pool behind their home, they are asking for the full utility of their property to enter off of Phelan which is the back of their property, they have extended their driveway as far as they can go and understands from the City Engineer that they can't tie into Phelan until the City Engineer looks at their request, stated that a lot of work is being led in Beaumont but none of the contractors are getting any of the money, commented on the high unemployment rate, there's Baptist Hospital, Lamar University and BISD and there's still a high unemployment rate, something is wrong with the fact that we aren't' hiring Beaumont people, hopes when these projects start Beaumont citizens can get some of these jobs so the unemployment rate can go down as well as crime Airon Reynolds 6945 Salida Ln. Beaumont TX Stated that he's speaking today concerning Stacy Lewis, Mr. Lewis has been forced into retirement, he was given the ultimatum of resigning, retire or be fired, Mr. Lewis is a 54 year old senior citizen, he has twenty five years of service with the City of Beaumont with no writeups or complaints from the Director of Parks and Recreation, he has been subjected to what Mr. Reynolds calls a hostile environment with reprisals and retributions by the current management, he's an African American male who is a pilar in the community of Beaumont, he's a 100% disabled veteran, with him being forced into retirement and the way this has taken place it has become an EEOC issue, stated that he's there to support him, knows that the protocol for City Council is not to get involved with employee issues, he's asking the City Council to direct the City Manager to address this matter and bring it to a resolve, in years past they have seen things linger for years, asked that this be resolved in seven days, doesn't want it to be abandoned like the transit workers are, as that matter still hasn't been resolved, stated that the Baptist Ministers Union of Beaumont is present at the meeting, the President along with other ministers, Mr. Lewis has given him permission to speak on his behalf, stated that he's hoping and praying that Council can resolve this in seven days, Pastor Benoit also made comments regarding their concern regarding Mr. Lewis Patty Lee 3005 Corley Beaumont TX Spoke to Council regarding the bus stop at 2750 South 8th St., near Spindletop MHMR, the seating and overhead coverwas removed, there are elderly that are standing in drizzling rain and have nowhere to sit when waiting on the bus, they have to ride the bus to go to doctor's appointments, the grocery store etc., they don't have anywhere to sit, they have to stand at Minutes — February 15, 2022 the bus stop with their canes, stated that she spoke with Brandon in Public Works, he directed her to Planning and Zoning, and now speaking with Council about getting something done * Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - NONE MAYOR PRO TEM SAMUEL - NONE COUNCILMEMBER FELDSCHAU - GLAD TO SEE COUNCILMEMBER GETZ BACK, PRAYERS GO OUT TO HIS WIFE ALLISON, WANTED HIM AND HIS FAMILY TO KNOW THAT THEY ARE STANDING WITH THEM IN THIS SITUATION COUNCILMEMBER TURNER - THANKED EVERYONE FOR COMING OUT TODAY IT'S HIGHLY APPRECIATED, ANNOUNCED THAT ON FEBRUARY 22, 2022, THERE WILL BE A PARKS AND RECREATION MEETING, THE CHAIR OF THE COMMITTEE SENT AN EMAIL ASKING THAT THE COMMITTEE GO OUT AND IDENTIFY SOME THINGS THAT THEY MAY SEE AT THE VARIOUS PARKS AND TO BRING THEM BACK TO THE MEETING, WANTED TO REMIND THE COUNCILMEMBERS TO CHECK IN WITH THEIR APPOINTEES TO SEE IF THEY RECEIVED THE EMAIL TO MAKE SURE EVERYONE GOT A FAIR OPPORTUNITY TO RESPOND, GAVE CONDOLENCES TO COUNCILMEMBER DURIO ON THE LOSS OF HIS MOTHER, THEY ARE HERE FOR HIM, STATED TO COUNCILMEM13ER GETZ, GLAD ALLISON IS HOME AND WILL KEEP HER IN HIS PRAYERS COUNCILMEMBER GETZ - STATED THAT ALLISON IS HOME, SHE WAS ABLE TO WALK ON THE DRIVEWAY TODAY, SHE'S GETTING STRONGER, SHE'S HOPEFUL AND GREATLY APPRECIATES AS HE DOES EVERYONE'S PRAYERS, PHONE CALLS, WELL WISHES AND CONCERNS, SHE'S DETERMINED TO MOVE FORWARD AND LICK THIS, SHE'S A STRONG WOMAN AND THEY PUT THEIR FAITH IN THE LORD, GAVE CONDOLENCES TO COUNCILMEMBER DURIO ON THE LOSS OF HIS MOTHER COUNCILMEMBER DURIO - THANKED EVERYONE FOR COMING, THANKED CHRIS BOONE FOR THE PRESENTATION IT WAS VERY INFORMATIVE, STATED THAT HIS MOTHER PASSED PEACEFULLY ON LAST THURSDAY NIGHT SURROUNDED BY FAMILY, THANKED EVERYONE FOR THEIR PRAYERS MAYOR MOUTON - STATED TO COUNCILMEMBER GETZ THAT SHE WILL CONTINUE TO PRAY FOR HIM AND HIS WIFE, WITH GODS PRAYERS AND EVERYONE SUPPORTING HIM AND HIS WIFE, BELIEVES THAT THE FAITH OF GOD WILL COME THROUGH, GAVE CONDOLENCES TO COUNCILMEMBER DURIO ON THE LOSS OF HIS MOTHER, STATED ABOUT MIDNIGHT LAST NIGHT HER Minutes — February 15, 2022 BROTHER LOST HIS DAUGHTER, PROUD TO WORK WITH A GROUP OF PEOPLE WHO ARE ALL GOING THROUGH PERSONAL THINGS BUT THEY CONTINUE TO COME FORTH TO SERVE THE CITY AND TO DO WHAT THEY WERE ELECTED TO DO CITY ATTORNEY REED - NONE CITY MANAGER HAYES - NONE Wit re being no Executive Session, Council adjourned at 3:27 p.m. Ro in Moutonin Mouton, Mayor Ja mAzimo"', — Tina Broussard, City Clerk Minutes — February 15, 2022