The URL can be used to link to this page

Home My WebLink About08/15/2023 MINT E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner, Mayor Pro Tern ROY WEST, MAYOR Randy Feldschau, At -Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III AUGUST 15, 2023 Chris Durio, Ward IV Tina Broussard, City Clerk Kenneth R. Williams, City Manager Sharae Reed, City Attorney The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on August 15, 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 Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-5 (or any other topic) Mayor West called the council meeting to order at 1:30 p.m. Father Michael of St. Michael Orthodox Christian Church gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tern Turner, Councilmembers Durio, Getz, Feldschau, Samuel and Neild. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition "Lamar University Collegiate 100 Members" - Winners of the 2023 C100 Leadership and Career Institute Conference" — Proclamation read by Tina Broussard, City Clerk; accepted by Mr. John Eugene, President of the 100 Black Men of Greater Beaumont Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-5 (or any other topic) (Public comments can be heard or seen at the City of Beaumont websiite at beaumonttexas.gov Thefarro Richard Ricky Jason Mark Paggard 5275 Parkview Dr. 1075 Magnolia St. 3715 Long Ave. Beaumont TX Beaumont TX Beaumont TX Tonene Carrierre 4240 Inez Beaumont TX Minutes - August 15, 2023 CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Council to consider approving the August 8, 2023, City Council Meeting Minutes. B. Council to consider a resolution authorizing the City Manager to accept maintenance and authorize final payment to Greenscapes Six, LLC, for the Cattail Marsh Sidewalk Trail Project — Resolution 23-217 C. Council to consider a resolution authorizing the City Manager to approve Change Order No. 1 for the 2020 HSIP Interconnect Signals Project — Fourth Street and Gladys Avenue — Resolution 23-218 D. Council to consider a resolution approving the purchase of a 2023 Ford F350 for use in the Transit Division -- Resolution 23-219 E. Council to consider a resolution approving an annual contract for Mowing Developed and Vacant, City -Owned and Abandoned Property -- Resolution 23-220 F. Council to consider a resolution authorizing the City Manager to execute Change Order No. 6, to the contract with King Solution Services, Inc., of Houston, for the City -Wide Pipe Bursting Contract -Phase 1 Project — Resolution 23-221 G. Council to consider a resolution authorizing the City Manager to enter into a Subgrant Reimbursement Contract with the Texas Commission on Environmental Quality (TCEQ) under the RESTORE Program to receive financial assistance for portions of the Riverfront Park Restoration Project — Resolution 23-222 Councilmember Neild moved to approve the Consent Agenda. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED REGULAR AGENDA 1. Council to consider a resolution receiving the proposed FY 2024 Budget and scheduling an public hearing. Article VI, Section 2 of the City Charter requires that the proposed budget be submitted to the Council at least 45 days prior to the beginning of the new fiscal year. In addition, Section 4 requires the Council to schedule a public hearing on the proposed budget. Minutes - August 15, 2023 The Administration recommends that a public hearing be held on August 29, 2023, at 1:30 p.m. in Council Chambers, located at 801 Main Street. The City Clerk will publish the notice of the public hearing. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE PROPOSED FY 2024 BUDGET HAS BEEN RECEIVED AND A PUBLIC HEARING IS HEREBY SCHEDULED FOR AUGUST 29, 2023, AT 1:30 P.M. IN THE CITY COUNCIL CHAMBERS, CITY HALL, 801 MAIN STREET, BEAUMONT, TEXAS, AND THAT THE CITY CLERK IS TO PUBLISH NOTICE OF SAID PUBLIC HEARING PURSUANT TO THE CHARTER OF THE CITY OF BEAUMONT. Councilmember Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-223 2. Council to consider a resolution receiving the proposed 2024 Capital Program and scheduling a public hearing. The proposed 2024 Capital Program was originally submitted to the Council on May 15, 2023. Article VI, Section 20 of the City Charter requires the Council to schedule a public hearing on the proposed Capital Program, The Administration recommends that a public hearing be held on August 29, 2023, at 1:30 p.m. in Council Chambers, located at 801 Main Street. The City Clerk will publish the notice of the public hearing. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE PROPOSED FY 2024 CAPITAL PROGRAM HAS BEEN RECEIVED AND A PUBLIC HEARING IS HEREBY SCHEDULED FOR AUGUST 29, 2023, AT 1:30 P.M., IN THE CITY COUNCIL CHAMBERS, CITY HALL, 801 MAIN STREET, BEAUMONT, TEXAS; AND THAT THE CITY CLERK IS TO PUBLISH NOTICE OF SAID PUBLIC HEARING PURSUANT TO THE CHARTER OF THE CITY OF BEAUMONT. Mayor Pro Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-224 Councilmember Samuel left the meeting at 3:35 p.m. 3. Council to consider establishing and taking a record vote on the "proposed" 2023 tax rate and schedule a public hearing. Minutes -August 15, 2023 Chapter 26 of the Property Tax Code requires taxing units to comply with truth -in -taxation laws in adopting their tax rate and requires the governing body to hold a public hearing when the proposed tax rate exceeds the lower of the no -new revenue or voter -approval tax rate. Administration recommends Council establish a proposed tax rate required to support the City Manager's proposed budget equal to the tax rate of $0.681485/$100 of valuation. In accordance with Chapter 26 of the Property Tax Code, if the proposed rate exceeds the no - new revenue rate of $0.594407/$100 or the voter -approval tax rate of $0.681485/$100, the City Council must take a record vote to place the proposal to adopt a rate not higher than the proposed rate on the agenda of a future meeting. The no -new revenue tax rate is the rate that would produce the same amount of taxes in FY 2024 as was produced in FY 2023 if it was applied to the same properties taxed in both years. The proposed tax rate of $0.681485/$100 exceeds the no -new revenue tax rate of $0.594407/$100 by $0.087078/$100 or 14.6%. If the motion passes, a public hearing must be scheduled. It is recommended that the public hearing be held on September 12, 2023, at 1:30 p.m. in the Council Chambers. The Administration recommends that a public hearing be held on September 12, 2023, at 1:30 p.m. in Council Chambers, located at 801 Main Street. The City Clerk will publish the notice of the public hearing. Councilmember Durio moved to APPROVE A RESOLUTION THAT RECORD VOTE BETAKEN ON THE PROPOSED CHAPTER 26 OF THE PROPERTY TAX CODE 2023 TAX RATE AND A PUBLIC HEARING IS HEREBY SCHEDULED FOR SEPTEMBER 12, 2023, AT 1:30 P.M. IN THE CITY COUNCIL CHAMBERS, CITY HALL, 801 MAIN STREET, BEAUMONT, TEXAS; AND THAT THE CITY CLERK 1S TO PUBLISH NOTICE OF SAID PUBLIC HEARING PURSUANT TO THE CHARTER OF THE CITY OF BEAUMONT. Councilmember Neild seconded the motion. Record Vote: Mayor West Yes Councilmember Getz Yes Mayor Pro Tern Turner Yes Councilmember Feldschau Yes Councilmember Durio Yes Councilmember Samuel Councilmember Neild Yes Councilmember Samuel returned to the meeting at 3:39 p.m. MOTION PASSED RESOLUTION 23-225 4. Council to consider approving an ordinance calling a Special Election for November7, 2023, for the purpose of submitting to the qualified voters of the City of Beaumont certain proposed amendments to the existing Charter of the City of Beaumont, Texas. Council has met in a public session to discuss Charter changes and amendments for presentation to the voters of the City of Beaumont for their consideration, and to call a Special Election on November 8, 2023, for the purpose of submitting to the qualified voters certain proposed amendments to the existing charter of the City of Beaumont, Texas. Minutes -August 15, 2023 5 The cost of said election is to be shared with Jefferson County, Texas who is expected to hold an election on the same date. Approval of the Ordinance. Councilmember Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, PROVIDING FOR A SPECIAL ELECTION TO BE HELD ON THE 7r" OF NOVEMBER, 2023 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY CERTAIN PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF THE CITY; STATING THE SUBJECT MATTER OF THE PROPOSED AMENDMENTS TO THE CITY CHARTER TO BE VOTED UPON AT SAID ELECTION; PROVIDING FOR A JOINT ELECTION WITH JEFFERSON COUNTY; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Councilmember Samuel seconded the motion. After discussion Councilmember Feldschau motion to amend the Ordinance eliminating Proposition C. Councilmember Samuel seconded the motion. After further discussion a vote was taken. AYES; MAYOR PRO TEM TURNER, COUNCILMEMBERS GETZ, FELDSCHAU AND NEILD NAYS: MAYOR WEST, COUNCILMEMBERS DURIO AND SAMUEL MOTION PASSED ORDINANCE 23-061 Council to consider a resolution authorizing the City Manager to award a contract to MK Constructors, of Vidor, for the Jefferson Street Infrastructure Repair Project. The Jefferson Street Infrastructure Repair Project consists of removing and replacing concrete pavement, concrete curb and gutter, concrete sidewalk and ADA ramps, storm sewer lines, storm sewer and sanitary sewer manholes and storm sewer inlets. The project limits are from Wall Street to Forsythe Street. The storm sewer line has deteriorated causing several cavities and damage to the road and sidewalks. On August 3, 2023, four (4) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate is $392,000.00. The base bid items are totaled in the table below: Contractor Location Base Bid Total MK Constructors Vidor, TX $327,285.00 Brystar Contracting, Inc. Beaumont, TX $365,034.00 Elite Contractors Kirb ville, TX $368,513.00 ALLCO, LLC Beaumont, TX $419,779.00 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, MK Constructors, in the amount of $327,285.00. A total of ninety (90) calendar days are allocated for completion of the project. Funds will come from the Capital Program. Minutes - August 15, 2023 Approval of the Resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY MK CONSTRUCTORS, OF VIDOR, TEXAS IN THE AMOUNT OF $327,285.00 BE ACCEPTED BY THE CITY OF BEAUMONT AND THAT THE CITY MANAGER BE AND IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH MK CONSTRUCTORS, OF VIDOR, TEXAS. Councilmember Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-226 COMMENTS Public Comments (Persons are limited to three minutes) Christopher Jones Irmalyn Thomas Addie Allen Vernon Durden 1045 Doucette Ave. 2235 Lela St. 9695 Gross 16436 Westbury Rd. Beaumont TX Beaumont TX Beaumont TX Beaumont TX Councilmembers/City Manager/City Attorney comments on various matters (Comments can be heard or seen on the City of Beaumont website at beaumonttexas.gov) COUNCILMEMBER COMMENTS COUNCILMEMBER TEM DURIO - COUNCILMEMBER GETZ - MAYOR PRO TEM TURNER - COUNCILMEMBER FELDSCHAU - COUNCILMEMBER SAMUEL - COUNCILMEMBER NEILD - CITY ATTORNEY REED - CITY MANAGER WILLIAMS - MAYOR WEST - - Minutes - August 15, 2023 With there being o Execu Roy j0'VVest, May iha Broussard, City Clerk Sg3ssion, Council adjourned at 5:21 p.m. Minutes - August 15, 2023