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HomeMy WebLinkAbout01/10/2023 MINX1, T r= X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner Jr., At -Large ROBIN MOUTON, MAYOR Randy Feldschau, At -Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III January 10, 2023 Chris Durio, Mayor Pro Tern Tina Broussard, City Clerk Kenneth R. Williams, City Manager Sharae Reed, City Attorney The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open [Meetings Act, Texas Government Code, Chapter 661 on January 10, 2023, 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 .... Mural Fest Presentation Public Comment: Persons may speak on the Consent Agenda and Agenda items 2-14 & 16 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Christopher Neal with Douglas Memorial CME 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 Tern Durio, Councilmembers Getz, Turner, Feldschau, Samuel and Neild. Also, present were Kenneth Williams, City Manager; Sharae Deed, City Attorney; Tina Broussard, City Clerk, Proclamations, Presentation, Recognitions "Recognition" — The Golden Triangle Nurses Association, Presented by Misty Dantin, RN along with other RN's "Presentation" -- Mural Fest, Presenter Min Dai, CEO of Obana Restaurant Group Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments, Public Comment: Persons may speak on the Consent Agenda and Agenda items 2-14 & 16 Tony Renfro 6110 Bankston Ln. Beaumont TX Spoke to Council regarding item #4 on the agenda; as well as increases for Council 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 December 12, 2022, City Council Meeting Minutes B. Approve cancellation of a software contract with Kronos Workforce Dimensions, from Kronos, Inc. of Dowell, Massachusetts - Resolution 23-001 C. Approve a resolution accepting maintenance of the street, storm sewer, water, and sanitary sewer improvements in Barrington Heights Subdivision, Phase XIII Resolution 23-002 D. Authorize the City Manager to execute an Industrial District Agreement with Kotch Fertilizer - Resolution 23-003 E. Authorize the City Manager to execute an Industrial District Agreement with TotalEnergies - Resolution 23-004 F. Approve a contract with I.C. Systems, Inc., of Saint Paul, Minnesota for collection services to be used by Central Collections - Resolution 23-005 H. Approve an annual contract with SanServe of Beaumont, for custodial services at Facilities Maintenance - Resolution 23.007 1. Authorize the settlement of the claim of Devin O`Haver - Resolution 23-008 Councilmember Neild moved to approve the Consent Agenda excluding Item G. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, PELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED G, Approve a contract with Delk Construction Inc., of Port Arthur, for the phase II renovation of the Municipal Court Building - Resolution 23.006 Councilmember Feldschau moved to approve Item G on the Consent Agenda, Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS DETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE, ABSTAIN: COUNCILMEMBER NEIL,D MOTION PASSED WORK SESSION * Review and discuss organizational realignment, including changing divisions to departments and the funding of Assistant City Managers, Communications and Parks Directors, to improve productivity and efficiency for the City of Beaumont Councilmember Turner left the meeting at 3:22 p.m. AGENDA 1. Consider a request for a Specific Use Permit to allow a vehicle storage facility in a GC -MD (General Commercial -Multiple -Family Dwelling) District located at 1035 Grand Street, Obay Naser requests approval of a Specific Use Permit to operate a vehicle storage facility located at 1035 Grand Street, Mr. Naser has been operating with Hawk Towing Service for three (3) years and is relocating his business to be in conjunction with an existing automotive repair shop. A total of four (4) employees, to include two (2) drivers, one mechanic, and one office personnel. Section 28.04.008(15) Special Conditions states, "in a GC -MD District a towing servlce... storage of more than fen (10) vehicles shall be permitted only with a specific use permit." The City of Beaumont Police Department requires all towing services to be registered with the city, in addition to bearing proof of being licensed and permitted as a tow truck pursuant to state statutes. In order to be considered on the City's Tow Rotation list, the towing service must have a physical location and be fully registered with the city, including adhering to all requirements as set forth in Section 6.08 Tow Trucks, Towing Companies and Tow Truck Operators of the City's Ordinances. At a Joint Public Hearing held on December 19, 2022, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a vehicle storage facility in a GC -MD (General Commercial -Multiple -Family Dwelling) District, with the following conditions: 1. The applicant shall be in conformance with all City of Beaumont Police requirements. 2. The applicant shall obtain an issued Certificate of Occupancy from Building Codes, 3. Inoperable vehicles shall not be located outside of private property. 4. If applicable, any lighting installed on the property shall deflect away from neighboring residences. Approval of the ordinance with the following conditions: 1. The applicant shall be in conformance with all City of Beaumont Police requirements. 2. The applicant shall obtain an issued Certificate of Occupancy from Building Codes. 3. Inoperable vehicles shall not be located OLItside of private property. 4. if applicable, any lighting installed on the property shall deflect away from neighboring residences, Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A VEHICLE STORAGE FACILITY IN A GC -MD (GENERAL. COMMERCIAL - MULTIPLE FAMILY DWELt.,1 NG) DISTRICT FOR PROPERTY LOCATED AT 1036 GRANT] STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, Mayor Pro Tem Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMSERS GFTZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 23-001 2. Consider a request for an abandonment of the alleyways in Blocks 1, 2, 3, and 4 of the Calder Addition and the right-of-way abandonment of the 600 Block of Forrest Street. Barbara Wilson, along with most of the adjacent property owners, would like to request the abandonment of the alleyways in Blocks 1-4 of the Calder Addition and a portion of Forrest Street. This location is experiencing Issues with people loitering along the street and alleyways. Neighboring properties would like to fence these areas, preventing access to the public. Beaumont Fire Is In favor of the presented abandonment of Forrest Street, as long as the pavement remains. Also, any gate installed restricting access to the abandoned properties must be a minimum 12' wide with a Knox padlock for fire access. Public works is not opposed to the abandonment but wants to be clear that the pavement and roadway would no longer be maintained by the city for any portion of Forrest Street that is abandoned. In addition, any streetlights would need to be removed ortransferred into the private account of the new property owner. At a Joint Public Hearing held on October 17, 2022, the Planning Commission recommended 6:0 to approve the request an abandonment of the alleyways in Blocks 1, 2, 3, and 4 of the Calder Addition and the right-of-way abandonment of the 600 Block of Forrest Street, with the following conditions: All alleyways and streets to be abandoned will be retained as utility and access easements. 2, Pavement for abandoned portions of Forrest Street will no longer be maintained by the City of Beaumont. 3. Streetlights in abandoned portions of Forrest Street must be removed or transferred into a private account. 4. Any gate installed to restrict access to the alleys or abandoned street must be at least 12' wide with Knox padlocks for fire access. a. If approved, the applicants hall obtain an appraisal and Title Commitment for the property to be abandoned at their expense. Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on the city Council's agenda, All of the required items for the condition have been submitted. Approval of the ordinance with the following conditions: All alleyways and streets to be abandoned will be retained as utility and access easements. 2. Pavement for abandoned portions of Forrest Street will no longer be maintained by the City of Beaumont. 3. Streetlights in abandoned portions of Forrest Street must be removed or transferred into a private account. 4. Any gate installed to restrict access to the alleys or abandoned street must beat least 12' wide with Knox padlocks for fire access. Cou ncilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ARANboNING ALLEYWAYS LOCATED IN BLOCKS 1,2,3 AND 4 OF THE CALDER ADDITION, AND THE RIGHT-OF-WAY ABANDONMENT OF THE 600 BLOCK OF FORREST STREET, WITH THE CONDITIONS, IN BEAUMONT, JEFFERSON COUNTY, TEXAS, Mayor Pro Tem Durlo seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 23-002 Councilmember Turner returned to the meeting at 3:24 p.m. 3. Consider an ordinance establishing the City Communications Department, Parks Department and Recreation Department. In an effort to improve and enhance the services provided by the City of Beaumont, the Administration is proposing to establish two new departments within the organizational structure of the City. Elevating City Communications to a full department will ensure the continuation of recent Improvements in delivering information and content to our citizens through a variety of traditional and social media channels. In addition, the Administration is proposing to reorganize the Parks and Recreation Department into a new Recreation Department, focused on redreation, whereas the existing Parks Department will focus on maintaining and enhancing park facilities, highway maintenance and beautification. In accordance with Article XI11 of the City Charter, departments of the City are to be established by ordinance. Funds will come from the General Fund. Approval of the Ordinance. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ESTABLISHING THE DEVELOPMENT Or THE CITY COMMUNICATIONS DEPARTMENT, THE RECREATION DEPARTMENT AND THE PARKS DEPARTMENT. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEM13ERS GETZ, TURNER, PELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 23-003 4. Consider an ordinance amending FY 2023 Budget. In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendment will ensure that expenditures are within the approved budget. In accordance with Article XIII of the City Charter, there shall be a Finance Department and such other departments and offices as may be established by ordinance. At the head of each department there shall be a director who shall have supervision and control of the department subject to the supervision and approval by the City Manager except as specifically provided otherwise by the Charter. Approving the proposed amendment will ensure that the creation of new departments is in accordance with the Charter. During the fiscal year 2023, two Assistant City Manager (ACM) positions were created and filled. Those positions were not accounted for in the original budget as the details were not known during the budget process. Also, during fiscal year 2023, three division managers were promoted to department director status. This included the Chief Technology Officer, over the existing Information Technology Department, the Director of the proposed Communications Department, previously a division, and the Director of the proposed Recreation Department which was part of Parks and Recreation Department. The division of Parrs and Recreation Department into two separate departments will not impact the budget. The two new ACM positions and the promotion of two department directors have an estimated additional cost of $548,000,00 since the time of their creation to the end of this fiscal year. While such budget amendments typically take place at the end of the fiscal year, due to the proposed reorganization necessary to improve and enhance the delivery of City services, it is appropriate to take this action now. General Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $145,612,400 $548,000.00 $146,160,400 Funds will come from the General Fund. Approval of the Ordinance. Councilmember FeldSchau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2023 TO APPROPRIATE ADDITIQNAI, REVENUES IN THE GENERAL FUND. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: COUNCILMEMBER NEILD MOTION PASSED Ordinance 23-004 5. Consider authorizing the City Manager to accept maintenance and authorize final payment to Greenscapes Six for the Concrete Pavement Repair City Wide Phase II Project, On February 15, 2022, by Resolution No. 22-056, the City Council awarded a contract to Greenscapes Six, L.LC, of Baytown, in the amount of $2,397,669.50, for the Concrete Pavement Repair City Wide Phase II Project. Previous Change Order Nos. 1-3, in the amount of $17,435.00, are included for review. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of maintenance and final payment in the amount of $120,755.23 is recommended. Funds will come from the Capital Program and the Street Rehabilitation Program. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER 13E AND HE IS HEREBY AUTHORIZED TO ACCEPT THE MAINTENANCE AND EXECUTE FINAL PAYMENT TO GRI ENSPACES SIX, LLC, OF BAYTOWN, TEXAS IN THE AMOUNT OF $120,756.23, Counciimember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-009 6. Consider authorizing the lease of thirty-nine vehicles with Enterprise FM Trust. In September of 2016, City Council approved an equity lease agreement with Enterprise FM Trust (EFM) through Resolution No. 16-187. The contract was awarded by the City to EFM by utilizing the TIPS USA cooperative contract #2072816, The City of Beaumont's fleet includes over 400 vehicles that are light weight or medium sized vehicles. These vehicles range in age from new to more than 20 years old with the average age of eleven (11) years, Each year during the budget process, all fleet vehicles are looked at for age, mileage, maintenance and repair cost, and priority in providing city services to determine if they need to be replaced. EFM's fleet management program provides a solution to this problem of aging vehicles through equity leases and resale. The equity lease is typically for a term of five years, At the end of the lease term the City can either purchase the vehicle for the residual value or can have EFM sell the vehicle through auction whereby the City receives the net proceeds. At that time the city can either keep the proceeds or use them to put another new vehicle under lease. The advantages to this program include the creation of a replacement cycle for City vehicles that tend to be left behind, improved fuel efficiency, reduced maintenance costs, higher resale return through a broad and well -established resale network and more properly matched vehicles to the needs of the operation. There are no wear and teal, penalties, or mileage restrictions built into the lease. The Texas Local Government Code Chapter 791 allows a governmental agency to enter a joint purchasing agreement. The City entered this lease agreement with EFM through Region Vill Education Services Center, The Interlocal Purchasing System or TIPS which awarded a competitively bid contract. Funds will come from the Capital Reserve Fund - $152,636.08, Water Utilities Fund - $103,229,88 and Solid Waste Fund - $53,886.36. Approval of the resolution, Councilmernber Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO LEASE THIRTY-NINE (39) VEHICLES FOR USE BY THE VARIOUS CITY DEPARTMENTS PURSUANT TO THE EXISTING MASTER EQUITY LEASE AGREEMENT AS AMENDED BETWEEN THE CITY OF BEAUMONT AND ENTERPRISE FM TRUST. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL, AND NEILD NAYS; NONE MOTION PASSED Resolution 23-010 7, Consider authorizing the City Manager to execute Change Order No.1, accept maintenance and authorize final payment to Pro Pipe, Inc. for the 4111 Street Storm Sewer Inspection Project. On May 10, 2022, by Resolution No. 22-123, the City Council awarded a contract to Pro Pipe, Inc., of Irvine, California, in the amount of $219,040.00, for the 4111 Street Storm Sewer Inspection Project. Proposed Change Order No, 1, in the amount of ($43,415.52), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved, the adjustment in quantities would result in a final contract amount of $175,624,48, The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of Change Oder No.1, maintenance, and final payment in the amount of $106,457.84 is recommended, Funds will come from the Capital Program, Approval of the resolution. Mayor Pro Tern Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO.1, MAINTENANCE, AND FINAL, PAYMENT IN THE AMOUNT OF $106,457.84 TO ADJUST THE ESTIMATED QUANTITIES TO REFLECT THE ACTUAL QUANTITIES USED IN THE COMPLETION OF THE PROJECT, THEREBY BRINGING THE NEW CONTRACT AMOUNT TO $175,624.48. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL. AND NEIL D NAYS; NONE MOTION PASSED Resolution 23-011 8. Consider approving a contract with Ford Audio -video Systems, LLC of Houston, to replace the Council Chambers audio system for use in Council Chambers, the City website, and Channel 4 TV. The current audio system that is used to record City Council Meetings posted on the City's website and Channel 4 TV has reached its end of life and needs to be replaced. Total project cost for the new system will be $67,308.00, This project will include replacing all microphones, speakers, and cabling. Installing a remote mute button that will allow the mayor to mute the podium. Functionality for hybrid council meetings will be completed with the addition of audio functionality, The video functionality is already in place for hybrid council meetings, Pricing was obtained through BuyBoard, Contracts and vendors awarded through BuyBoard have been competitively procured, to assist members with compliance with Texas local and state procurement requirements and a docurnented audit trail. Funds will come from the PEG Fund and Capital Reserve Fund. Approval of resolution, Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE FOR THE REPLACEMENT OF THE COUNCIL CHAMBERS AUDIO SYSTEM FROM FORD AUDIO -VIDEO SYSTEMS, LLC, OF HOUSTON, TEXAS FOR THE USE IN THE RECORDING OF CITY COUNCIL, MEETINGS, IN THE AMOUNT OF $67,308,00 ANDTHAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE ALL DOCUMENTS RELATING TO THE. PURCHASE OF AUDIO -VIDEO EQUIPMENT FROM FORD AUDIO -VIDEO SYSTEMS, LLC, OF HOUSTON, TEXAS. COUncilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-012 9. Consider authorizing the City Manager to enter into an agreement with Covington NAH to repair and refinish the Sterling Pruitt Activity Center gym floor, Pricing was obtained from Covington NAH utilizing the Buy Board procurement process. The Buy Board method provides municipalities with the means to purchase construction services and products at competitive prices contracted under the procurement statues of the State of Texas. Covington NAH's bid, utilizing the Buy Board process, is in the amount of $75,846.00. during the budget preparation process in 2022, the project was estimated to cost $65,600.00 therefore the project exceeds the budgeted amount by $10,246,00, The gym floor at the Sterling Pruitt Activity Center was originally installed in 2007, The current Robbins Pulastic@ flooring system is fifteen (16) years old and is experiencing surface wear issues due to heavy usage over the past fifteen years, This project will consist of repairing damaged or cut sections of the flooring, installation of a 1.5 mm overpour of new Robbins PulasticO resin finish, court markings for basketball and volleyball, new rubber cove base, and new metal edge trim at all termination points ill the flooring system. This project is necessary to steep the playing surface safe, slip resistant, and improve the overall appearance of the floor. Funds will come from the Capital Reserve, Approval of the resolution. Councilmernber Turner moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT WITH COVINGTON NAH, OF HOUSTON, TEXAS UTILIZING THE BUY 130ARD PROCUREMENT PROCESS FOR THE AMOUNT OF $75,846.00 TO REPAIR AND REFINISH THE STERLING PRUITT ACTIVITY CENTER GYM FLOOR LOCATED AT 2930 GULF STREET, BEAUMONT, TEXAS. Mayor Pro Tem Durio seconded the motion. AYES. MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILI7 NAYS: NONE MOTION PASSED Resolution 23-013 10. Consider authorizing the City Manager to notify the Lower Neches Valley Authority of the City's desire to extend a five-year term agreement to secure an uninterrupted surface water supply for the City of Beaumont. The City of Beaumont has 50 million gallons per day of run of river surface water rights from the Neches River. During periods of drought and/or low rainfall, run of river may not have the volumes required to meet the City's potable water demand. Therefore, releasing stored water owned by the LNVA from Sam Rayburn Reservoir and/or B.A. Steinhagen take is necessary to provide uninterrupted potable water to the citizens. On April 24, 2018, by Res. No. 18-087, City Council authorized the City Manager to extend a five (5) year Water Supply Agreement and Mutual Release with LNVA to secure an uninterrupted surface water supply which had expired. Per the terms of the agreement, the City shall deliver written notice of intent to extend the term for an additional five (5) years. The written Notice will also update the City Manager and City Attorney positions in the Contract. Funds will come from the Water Utilities Fund. Approval of the resolution. Couneilmember F'elschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT WITH THE LOWER NECHES VALLEYAUTHORITY (LNVA), TO EXTEND A FIVE (5) YEAR TERM TO SECURE AN UNINTERRUPTED SURFACE WATER SUPPLY FOR THE CITY OF BEAUMONT. Councilmember Getz seconded the motion. AYES. MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-014 11. Consider authorizing the City Manager to execute an Interlocal Agreement with the Port of Beaumont Navigation District. The Port of Beaumont Navigation District wishes to enter into an Interlocal Agreement with the City of Beaumont to exchange land pursuant to the authority, under the provisions of, and in accordance with Chapter 791 of the Texas Government Code. The Port intends to expand their existing Buford Rail Yard Interchange Track to increase the efficiency of operations and adjust t0 the growing infrastructure needs associated with moving goods and services to and from the Port. "Attachment B," of the agreement displays the land Port is to acquire for the land exchange. A note, the right-of-way along Sabine Pass Avenue between Blanchette Street and Emmett Avenue was abandoned by the Port and approved by Council in December 2022. In exchange, as the city formalizes plans towards the development of Riverfront Park, we will acquire land along the existing railroad track and the Neches River. "Attachment A," of the agreement displays the land the Port intends to deed the city should this Interlocal Agreement be approved. This agreement is intended to be beneficial to both the City and the Port and its citizens for the exchange of property to support economic growth. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE Is HEREBY AUTHORIZED TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE PORT OF BEAUMONT NAVIGATION DISTRICT, TO EXCHANGE LAND PURSUANT TO THE AUTHORITY, UNDER THE PROVISIONS OF, AND IN ACCORDANCE WITH CHAPTER 791 OF THE TEXAS GOVERNMENT CODE AND TO INCREASE THE EFFICIENCY OF OPERATIONS AND ADJUST TO THE GROWING INFRASTRUCTURE. NEEDS ASSOCIATED WITH MOVING GOODS AND SERVICES TO AND FROM THE PORT OF BEAUMONT. Counciimember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMDERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-015 12, Consider approving the exchange of property with the Port of Beaumont Navigation District. On December 6, the City Council approved Ordinance No. 22-083 vacating and abandoning a portion of Sabine Pass Avenue between Blanchette Street and Emmett Avenue and retaining a general utility easement, The abandonment of Sabine Pass Avenue is subject to the Port of Beaumont Navigation District (`Port") conveying a 6.710-acre tract which is the unused portion of the former rail yard located between the Beaumont Civic Center and Riverfront Park, The Port has agreed to exchange the real property with the City of Beaumont (`City") to support the economic growth of the Neches River, The Port will deed its interest in the property being identified as 6.710 acres of land, part of the Noah Tevis Survey, Abstract No. 52 however the Port will Save and Except that 2.641 acre of land being part of the 6.710-acre tract. The Port and City deem it to be in the best interest of both parties to exchange the 6.710 acre except 2.641 in return for the abandonment of Sabine Pass Avenue. The swap of the property will allow the City to develop Riverfront Park and the Neches River. Approval of the resolution, Councilmember Nelld moved to APPROVE A RESOLUTION THAT THE PORT HAS AGREED TO EXCHANGE THE REAL PROPERTY WITH THE CITY OF BEAUMONT ("CITY") TO SUPPORT ECONOMIC GROWTH OF THE NECHES RIVER, THE PORT WILL DEED ITS INTEREST IN THE PROPERTY BEING IDENTIFIED AS 6.70 ACRES OF LAND, PART OF THE NOAH TEVIS SURVEY, ABSTRACT NO. 60, HOWEVER THE PORT AND SAVE AND EXCEPT THAT 2.641 ACRES OF LAND BEING PART OF THE 6.710- ACRE TRACT AND THAT THE CITY MANAGER BE AND HE IS HERESY AUTHORIZED TO APPROVE THE EXCHANGE OF PROPERTY WITH THE PORT OF BEAUMONT NAVIGATION DISTRICT. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION MASSED Resolution 23-016 13. Consider authorizing a contract with BCBS for Stop Loss Insurance, The City's health insurance plans are self -insured as opposed to fully funded plans to reduce health related costs to the City. However, to protect the city from large health claims by any one individual, stop loss coverage is purchased to cover claims that exceed $275,000. At the end of each calendar year, the City's benefits consultant (Holmes Murphy) gathers the claims history of that year and solicits quotes from the market and negotiates the most favorable terms for the City. This year 7 carriers were contacted, and 7 quotes were received. BCBS responded with a quote of $1,641,139 and other vendors responded with quotes ranging from $1,800,537 to $2,136,796 with the same terms. BCBS currently holds the contract. Funds will come from the Employee Benefits Fund. Approval of the resolution, Councilmember 1=eldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH BCBS FOR STOP LOSS INSURANCE IN THE AMOUNT OF $1,664,484.00, Councilmember Samuel seconded the motion. AYES; MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23w017 14. Consider authorizing the emergency repair of a sewer cavity under the Union Pacific Railroad at West I✓lorida Avenue and Avenue A. On November 30, 2022, the city was made aware that a sewer main failure under the Union Pacific Railroad had resulted in a cavity that formed in the street at West Florida Avenue and Avenue A, which was in need of immediate repair. An emergency contract has been put in place with To-Mex Construction, LLC of Houston, in the amount of $316,989.90 to complete the repairs. Funds will come from the Capital Program - Sewer Main Repair. Approval of the resolution. Mayor Pro Tem Durlo moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN EMERGENCY CONTRACT WITH TO-MEX CONSTRUCTION, LLC, or HOUSTON, TEXAS IN THE. AMOUNT OF $316,989.90 TO COMPLETE REPAIRS or A SEWER MAIN FAILURE UNDER THE UNION PACIFIC RAILROAD THAT RESULTED IN A CAVITY THAT FORMED IN THE STREET AT WEST FLORIDA AVENUE AND AVENUE A. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMSERS GETZO TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-018 PUBLIC HEARING Receive comments related to the city submitting a grant application to receive operating assistance funding for The Zip, formerly known as Beaumont Municipal Transit Public Hearing Open: 4:01 p.m. None Public Hearing Closed: 4:01 p.m. 16. Consider authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration to receive operating assistance funding for The Zip, formerly known as Beaumont Municipal Transit. The Zip, formerly known as Beaumont Municipal Transit, has prepared a grant application for FY2022 grant funds from the FTA. The grant will help fund labor, fringe benefits, vehicles, parts and supplies, purchased services, utilities, insurance, licenses, and all other miscellaneous expenses needed for the operation and maintenance of the Zip in FY2022. In addition, funds will be used to add and/or enhance heavily utilized bus shelters throughout the City. The grant period runs from October 1, 2022, through September 30, 2023. Funds will come from the Federal Transit Administration. Source Amount FTA 5307 Grant - — $2,917,858 City Share $2 087 097 State $248 370 City Share $62,095 Total: $6,316 420 Conduct a public hearing and approve the resolution. Councilmember E=eldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO SUBMIT A GRANT APPLICATION FOR FY 2022 GRANT FUNDS FROM THE FEDERAL TRANSIT ADMINISTRATION (FTA) AND EXECUTE A CONTRACT WITH FEDERAL TRANSIT ADMINISTRATION (FTA) TO RECEIVE OPERATING ASSISTANCE FUNDS FOR ZIP, FORMERLY KNOWN AS BEAUMONT TRANSIT IN THE AMOUNT OF $5,316,420.00 FROM OCTOBER 1, 2022, THROUGH SEPTEMBER 30, 2023. Councilmember Samuel seconded the motion. AYES. MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-019 COMMENTS Public Comments (Persons are limited to three minutes) Janet Polar 6320 Phelps Rd. Beaumont TX Commented on the great job that Council is doing and the things that they are planning to do, encouraged them to be of good faith, stated that her and her husband are retired firemen from Portsmouth Virginia, her husband Is a native of Beaumont, stated that the Council has worked better than any other Council that she's seen in a long time, asked that they continue to work together, also commented on the Lakeside Center and what a wonderful facility it is, asked that Council keep the communication lines open with the citizens Maurice Johnson 1125 Lyle St. #4 Beaumont TX Stated that he's having issues with people taking over his apartment complex and the changes that have been made, he's tried to speak with the managers about making repairs and they still haven't made any repairs, made comments regarding his rent, he's asking for help regarding this issue Will Jenkins 5670 Calder Beaumont TX Stated he's with Giglio Distributing, spoke to Council regarding the property at 125 Magnolia, informed Council that the company has been in downtown since 1955, they won't need to utilize the parking lot on the Magnolia side which is next to the skate park, the City can continue to use that parking if Giglio were awarded the sale of the property, spoke of additional parking, stated they will take care of anything on the back side of the building as well as a mural, thanked Council for their willingness to serve Addle Allen 9695 Gross St. Beaumont TX Wished everyone a Happy New Year, thanked Mr. Williams for the organizational structure and hopes that there will be a benchmark soon to see the progress, also commented on item #13 on the agenda; BCBS Stop Loss Insurance, wanted to know if the city was insured or self -insured, as commented on item #15, Beaumont Transit (Zip), stated that she knows that last summer there was a request for a six month ridership study, commented on citizens and the bond rating, stated that she's not hearing a lot about what is being done for the citizens, the kids are still in need of sidewalks in front of Beaumont United as well as several other schools, stated that the City Charter states that the city is responsible for the sidewalks, something needs to be done, asked that Council to look into this matter, it's very important Vernon Durden 16436 Westbury Rd. Beaumont TX Thanked the City Manager regarding the loss of population, he seems to be addressing those items, commented on the ridership study of the buses, every city needs to have public transportation, it needs to stay, let's keep the buses no matter the cost Councilmembers/City Manager/City Attorney comments on various matters MAYOR PRO TEM DURIO - THANKED CITY MANAGER FOR THE PRESENTATION, THANKED HIS CONSTITUENT, FRIEND AND NEIGHBOR MS. POLAR FOR HER COMMENTS EARLIER, IT'S GOOD TO HAVE OUR CONSTITUENTS SAY POSITIVES THINGS ABOUT BEAUMONT AND THEIR APPRECIATION FOR WHAT THE COUNCIL DOES COUNCILMEMBER GETZ - WISHED EVERYONE A HAPPY NEW YEAR, GAVE CONDOLENCES TO THE FAMILIES OF NATALIE GREENBERG, CHUCK MASON AND KARL DUERR COUNCILMEMBER TURNER - THANKED COUNCILMEMBER FELDSCHAU FOR THE COMPLIMENT EARLIER, WISHED COUNCILMEMBER NEILD A HAPPY BIRTHDAY, COMMENTED ON AN IDEA THAT HE SAW IN HOUSTON, TX., REGARDING THE JOB SHORTAGE, STATED THAT THEY PUT QR CODES IN THEIR CITY FACILITIES AS WELL AS THEIR BUS STOPS, THINKS THIS WILL BE A GREAT IDEA, HOPES IT'S SOMETHING THE CITY CAN LOOK INTO COUNCILMEMBER FELDSCHAU - WISHED EVERYONE A HAPPY NEW YEAR, WISHED COUNCILMEMBER NEILD A HAPPY BIRTHDAY AND WELCOMED ASSISTANT CITY MANAGER JUNE ELLIS To BEAUMONT COUNCLI-MEMBER SAMUEL - WISHED EVERYONE A HAPPY NEW YEAR, WISHED COUNCILMEMBIR NEILD A HAPPY BIRTHDAY, EXTENDED CONDOLENCES TO THE FAMILY OF JOHN K. DAVIS, WHO PASSED AWAY, HAPPY FOUNDERS DAY COUNCILMEMBER NEILD - NONE CITY ATTORNEY RUED - CLARIFIED SEVERAL COMMENTS THAT WERE MADE'DURING PUBLIC COMMENTS, STATED THAT THE CHANTER WAS AMENDED IN THE PREVIOUS ELECTION, IF AN UPDATED COPY IS NEEDED ONE CAN BE PROVIDED IN THE CITY CLERK'S OFFICE FOR A FEE, THE CITY IS SELF -INSURED AND DOES OFFER EMPLOYEES AN ASSISTANCE PROGRAM THROUGH CITY INSURANCE, THE CITY'$ PROPERTIES ARE INSURED SEPARATELY, WISHED COUNCILMEMBER NEILD A HAPPY BIRTHDAY, OFFERED CONDOLENCES TO THE MASON AND DAVIS FAMILY, WISHED COUNCILMEMBER NEILD A HAPPY BIRTHDAY, WELCOME TO MR. JUNE ELLIS, ALSO TODAY MARKS HER ONE YEAR ANNIVERSARY IN THIS POSITION, SHE'S EXCITED ABOUT THAT, WISHED A HAPPY FOUNDERS TO THE DELTA SIGMA THETA SORORITY, WHO IS CELEBRATING THEIR 118T" YEAR CITY MANAGER WILLIAMS - COMMENTED ON THE GREAT THINGS THAT HE AND THE ASSISTANT CITY MANAGERS WILL BE DOING, STATED THAT THEY WILL BE PROVIDING COUNCIL WITH FEEDBACK AS TO THEIR ACCOMPLISHMENTS, WISHED COUNCILMEMBER NEILD A HAPPY BIRTHDAY AND GLAD MAYOR PRO TEM DURIO IS FEELING BETTER MAYOR MOUTON - WISHED COUNCILMEMBER NEILD A HAPPY BIRTHDAY, THANKED THE CITY MANAGER FOR THE ORGANIZATIONAL CHART PROVIDED TO COUNCIL, GAVE CONDOLENCES TO THE FAMILY OF FORMER COUNCILMEMBER JOHN K. DAVIS, REMINDED SENIORS TO DO THEIR FORM TO RECEIVE THE TEN PERCENT DISCOUNT ON THEIR WATER BILL, COMMENTED ON THE SIDEWALKS THAT WERE MENTIONED IN PUBLIC COMMENTS EARLIER, STATED THIS IS A PRIORITY THAT SHE MAKE IN THIS NEW YEAR FOR HERSELF AND THIS COUNCIL, WISHED EVERYONE A HAPPY NEW YEAR AND WELCOMED MR. JUNE ELLIS, TO BEAUMONT Council recessed at 4:38 p.m. EXECUTIVE SESSION Consider matters related to the deliberation on the purchase, lease, exchange or value of real property in accordance with Section 551 V2 of the Government Code, to wit; Specifically, land owned by the City of Beaumont at 125 Magnolia, Beaumont, Jefferson County, Texas Council reconvened at 5:39 p.m. 16. Consider authorizing the City Manager to enter into negotiations for the sale or lease of property located at 125 Magnolia. Due to the extensive investment in the nearby Event Centre, Great Lawn, Lakeside Center, Skatepark and improved parking areas, the City acquired the building and property at 125 Magnolia in 2012 for $116,000. The purpose was to control the well -situated property should the City need the property or perhaps offer the property for a use that would positively contribute to the significant nearby investment. The current Appraisal District value is $244,928, In 2016, an offer from Parigi Property Management, LLC in the amount of $60,000 was rejected and an offer from BMG Realty, LLC in the amount of $150,000 was rejected. More recently, the City has been approached by groups interested in leasing or buying the property. In order to offer a more fair and transparent process, the property was offered for sale or lease through a formal Request for Proposals (RFP) process. Two proposals were received. They include: 1) Econautics Sustainability Institute LLC plan to restore the building and convert it into a community resilience center focused on increasing quality food access for income eligible families, to promote food security and the local food industry, to promote STEM education for BISD and to facilitate community activities for the residents of Beaumont, Econautics proposes an initial two-year lease during the feasibility period for a nominal amount or acquisition of the property for $47,000. 2) Tideland Specialty Ltd, and Giglio Distributing seek to acquire and rehabilitate the building in order to establish an advertising and point of sale facility that will be occupied by sales staff that serve a trade area from Beaumont to Texarkana, Their offer to purchase the property is $300,000 and would also cover closing costs. Approval of the resolution. Councilinember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE is HEREBY AUTHORIZED TO ENTER INTO NEGOTIATIONS FOR THE SALE OR LEASE OF THE PROPERTYAT 125 MAGNOLIA WITH TIDELAND SPECIALTY LTD, AND GIGLIO DISTRIBUTING. Councilmember Samuel seconded the motion, AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, GOUNCILMEMSERS FELDSCHAU, SAMUEL AND NEILD NAYS: COUNCILMEMBERS GETZ AND TURNER MOTION PASSED Resolution 23-020 Open session of meeting recessed at 5:49 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code; The claim of Stacey Lewis Caleb Fenter_v..City of Beaumont and Chris S. Boone: Cause No. B-210244 Association of Firefighters Local 399 and Kenneth R. Williams; Cause No, D-210950 Ro n Mouton, Mayor A Tina Broussard, City Clerk ABSTENTION AFFIDAVIT THE STATE OF TEXAS § COUNTY( OF JEFFERSON § C as a member of the I' r�)4_ (City_Council, Commission, or Board) ake this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have a substantial interest in a. business entity that would be peculiarly affected by a vote or decision of the�� C( ity_Cnuncil, Commission, or Board) as those terms are defined In V,T.C.A., Local Government Code, § 171.002. The business entity is; , J (Name) 16' D as 'oral fir. (Jfir, (Address) Cl," 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 (1, he, she) have an interest which is an equitable or legal ownership with a fair market value of, at least $2,600, 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 affidavitwith the City Cierk, 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 day o , 20 r-- �- 5/!E pure of Official Title !_ BEFORE ME, the undersigned authority, on this day personally appeared f - and on oath stated that the facts herelnabove stated are true to the best of iris/he <nowiedge or belief. SWORN to and subscribed before me o this the,1' �day �. 20�. y `;� A �y �y s hl�4 dA Im CA \�Y P�/�/---_.---T�� 1•IIIM VVU,]Afi1J _ , ��" �` Notary Pui�ilo, Stag Of lrsxaa Notary i'ublic In and for he Sate of Texas a j " ConlM. Expifoo 01.12-2027