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HomeMy WebLinkAbout08/29/2023 MINT E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner, Mayor Pro Tom ROY WEST, MAYOR Randy Feldschau, At -Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III AUGUST 29, 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 24, 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 1-6 Mayor West called the council meeting to order at 1:30 p.m. 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 Tem. 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 "Ladies in Leather Day" — September 9, 2023 — Proclamation read by Tina Broussard, City Clerk; accepted by Amber Cohen and others "Mr. Earl Dotson Former NFL Superbowl Champion and West Brook Hall of Fame Inductee" - August 29, 2023 — Proclamation read by Tina Broussard, City Clerk; accepted by Mr. Earl Dotson "Post 33" -- August 29, 2023 — Proclamation read by Tina Broussard, City Clerk; accepted by Mr. Seth Wells and others Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items X-X (or any other topic) (Public comments can be heard or seen at the City of Beaumont website at beau monttexas.gov Carlton Sharp 5150 Plant Rd. Beaumont TX Minutes —August 29, 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 22, 2023, City Council Meeting Minutes, B. Council to consider approving an agreement with Patillo, Brown & Hill LLP, Of Waco, for auditing services — Resolution 23-236 C. Council to consider a resolution authorizing the settlement of the claim of Kristopher Goodman — Resolution 23-237 Councilmember Samuel 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 awarding Hotel Occupancy Tax Grant awards for the 2023 Grant cycle. In accordance with the new Hotel Occupancy Tax (HOT) Grant review process, applications have been submitted for review by the Beaumont Convention and Visitors Bureau (CVB) Review Committee. Attached are the recommendations from the Committee. The council is being asked to review and approve funding for HOT applications, taking into consideration the public hearing held at the August 22nd City Council meeting as well as recommendations from HOT Review Committee. Funds will come from the Hotel Occupancy Tax Grant. Approval of the Resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO REVIEW AND APPROVE FUNDING FOR THE HOTEL OCCUPANCY TAX APPLICATIONS FOR THE HOTEL OCCUPANCY TAX GRANT 2023 CYCLE. Mayor Pro Tern Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-238 Minutes -August 29, 2023 2. Council to consider an Ordinance amending Ordinance No. 23-056, a request for a Rezoning from RS (Residential Single -Family Dwelling) to RM-H (Residential Multiple Family Dwelling - Highest Density) or a more restrictive district for property located north of 2360 S, Major Drive. On July 25, 2023, City Council approved Ordinance No. 23-056, a request for a Rezoning from RS (Residential Single -Family Dwelling) to RM-H (Residential Multiple Family Dwelling, Highest Density) or a more restrictive district for property located at 2360 S. Major Drive. The approved Ordinance reflected an address of 2360 S. Major Drive, rather than property located north of 2360 S. Major Drive. Amendment to Ordinance No. 23-056 is necessary to reflect the correct property location. Approval of the amended Ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SING -FAMILY DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING HIGHEST -DENSITY) DISTRICT FOR PROPERTY LOCATED NORTH OF 2360 S. MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, FELDSCHAU, SAMUEL AND NEILD NAYS: COUNCILMEMBER GETZ MOTION PASSED ORDINANCE 23-056-A 3. Council to consider a resolution authorizing a contract with SETEX Construction Corp., from Beaumont, for the City -Wide Emergency Water Main Repairs Contract. On August 15, 2023, the City of Beaumont issued a Mandatory Water Restriction as determined by Stage 3 of the Drought Contingency Plan due to the excessive heat and lack of rain. The excessive heat and lack of rain has caused multiple water mains to burst, causing blowouts throughout the city. The blowouts must be repaired immediately to conserve the already limited water consumption deemed mandatory throughout the City, along with maintaining adequate water pressure per state regulations for public health and safety. On August 16, 2023, four (4) contractors were solicited to aid with turnkey repairs on minor and major water line leaks/breaks throughout the City. One (1) contractor responded. An emergency contract has been put in place with SETEX Construction Corp., of Beaumont at an estimated cost up to $100,000.00 to complete the repairs. Funds will come from the Water Utilities Fund. Approval of the resolution. Minutes —August 29, 2023 Councilmember Mayor Pro Tern Turner moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH SETEX CONSTRUCTION CORP., OF BEAUMONT, TEXAS, FOR THE CITY-WIDE EMERGENCY WATER MAIN REPAIRS FOR AN ESTIMATED AMOUNT OF $100,000.00. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-239 4. Council to consider a resolution authorizing the City Manager to execute Change Order No. 1 to the contract with Vortex Companies, of Houston, for the Long Street Grouting Repairs Project. On May 23, 2023, by Resolution No. 23-148, the City Council awarded a contract to Vortex Companies, of Houston, in the amount of $2,444,071.28, for the Long Street Grouting Repairs Project. This authorized work consisted of injecting a high -density urethane grout into the identified voids in order to stabilize the existing soil surrounding the storm line on Long Street. Proposed Change Order No. 1, in the amount of $217,303,38, is being requested to adjust the actual quantities needed to address additional voids encountered during construction. The initial survey utilizing Ground Penetrating Radar (GPR) was used to estimate the quantity of grout that was needed, however, due to the extent of the voids, and some limitations with GPR, additional grout was needed to fully stabilize the soils surrounding the storm line. No additional time is being requested with this Change Order. If approved, Change Order No. 1 will result in a new contract amount of $2,661,374.66. Funds will come from the Capital Program. Approval of the Resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1, IN THE AMOUNT OF $2173303.38 FOR ADDITIONAL WORK, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $2,661,374.66 FOR THE LONG STREET GROUTING REPAIRS PROJECT. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS. NONE MOTION PASSED RESOLUTION 23-240 Minutes —August 29, 2023 Councilmember Neild left the meeting at 3:16 p.m. 5. Council to consider a resolution approving the emergency repair of a pump for Lawson's Pump Station, Lawson's Pump Station pumps raw water from Bunn`s Canal to the Pine Street Surface Water Treatment Plant. The station operates three (3) vertical shaft high service pumps with variable frequency drives. On July 27, 2023, City of Beaumont Water Production personnel identified that one pump had failed and was not pumping water. The remaining pumps are operating without issues, however having a pump out of service eliminates any redundancy in pumping capacity. Triangle Rotating Equipment Specialists of Nederland, TX, was hired to extract the pump, transport it to their repair shop, disassemble and inspect the pump, and determine what repairs, if any, were required. The repair scope of work, not to exceed $65,075.00, is to check all shafts for straightness, remove and replace bushings, blast and repaint with paint compatible with drinking water standards, replace O-ring gaskets, replace suction bell strainer, field install pump, set motor, and test run start up. The worm is expected to be completed before the end of August. Funds will come from the Capital Program. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE THE EMERGENCY REPAIR OF A PUMP FOR LAWSON'S PUMP STATION IN AN AMOUNT NOT TO EXCEED $65,075.00. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 23-241 Councilmember Neild returned to the meeting at 3:18 p.m. (not present to vote) 6. Council to consider re -wording Proposition A and eliminating Proposition B on the City of Beaumont Charter changes. On August 15, 2023, the Council approved Charter Propositions for a Special Election to be held on November 7, 2023. Councilmembers Feldschau and Durio are requesting that Proposition B be eliminated, and Proposition A to read as follows: Minutes —August 29, 2023 "Shall the City Charter of the City of Beaumont be amended to increase City Council terms from two (2) years to four (4) years with a three -term limit totaling twelve (12) years per office." Approval of the resolution. Councilmember Feldschau moved to ADOPT AN ORDINANCE AMENDING PROPOSITION A AND ELIMINATING PROPOSITION B OF THE CITY OF BEAUMONT CHARTER CHANGES. Councilmember Durio seconded the motion. After discussion Councilmember Durio motioned to amend the item to add staggard terms. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, AND NEILD NAYS: COUNCILMEMBERS FELDSCHAU AND SAMUEL MOTION PASSED Councilmember Feldschau moved to ADOPT AN ORDINANCE AMENDING PROPOSITION A AND ELIMINATING PROPOSITION B OF THE CITY OF BEAUMONT CHARTER CHANGES. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ AND FELDSCHAU NAYS: COUNCILMEMBERS SAMUEL AND NEILD MOTION PASSED ORDINANCE 23-063 PUBLIC HEARING Council to hold a Joint Public Hearing on the proposed FY 2024 Budget and the proposed 2024 Capital Program and at the conclusion of the public hearing take action to postpone the final vote on the proposed FY 2024 Budget until September 12, 2023, Public Hearing Open: 3:33 p.m. None Public Hearing Close: 3:33 p.m. 7. Council to hold a Joint Public Hearing on the proposed FY 2024 Budget and the proposed 2024 Capital Program and at the conclusion of the public hearing take action to postpone the final vote on the proposed FY 2024 Bridget until September 12, 2023, The proposed FY 2024 Budget was submitted to Council on August 15, 2023, and a work session was Feld on August 8, 2023. The proposed 2024 Capital Program was originally submitted on May 15, 2023, and again with the proposed budget on August 15, 2023. Minutes —August 29, 2023 The notice of the public hearings on the Budget and Capital Program was published on August 17, 2023. Local Government Code, Section 102,007 states that at the conclusion of the public hearing, the governing body of the municipality shall take action on the proposed budget. The council should take action to postpone the final vote on the proposed budget until September 12, 2023. Councilmember Feldschau moved to postpone the final vote on the proposed budget until September 12, 2023. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED PUBLIC HEARING Council to conduct a public hearing and considers resolution authorizing the City Managerto submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive funds for the Zip. Public Hearing Open: 3:37 p.m. None Public Hearing Close: 3:37 p.m. 8. Council to conduct a public hearing and considera resolution authorizing the City Managerto submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive funds for the Zip. The Zip, formerly known as Beaumont Municipal Transit, provides public transportation services for residents and visitors in the City of Beaumont. The Zip headquarters needs a roof replacement and two (2) new HVAC units. The FTA has issued a TY 2023 Emergency Relief Grants for Public Transportation Systems Affected by Major Declared Disasters in Calendar Years 2017, 2020, 2021, and 2022. The cost to replace the roof and HVAC units is in the total amount of $840,000. This grant is a chance for the City of Beaumont to secure up to 80% of the funding covered by FTA in the amount of $672,000 and TXDOT Transportation Development Credits to coverthe remaining 20% in the amount of $168,000, TXDOT has committed the credits to the city should we be awarded the grant. Funds will come from the Federal Transit Administration and Transportation Development Credits. Minutes -- August 29, 2023 Source Amount Federal Transit Administration $672,000.00 Transportation Development Credits $168,000.00 City $0 Total: $840,000.00 Councilmember ❑Urio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO SUBMIT A GRANT APPLICATION AND EXECUTE A CONTRACT WITH THE FEDERAL TRANSIT ADMINISTRATION TO RECEIVE FUNDS FOR THE ZIP. Mayor Pro Tern Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-242 COMMENTS * Public Comments (Persons are limited to three minutes) Addie Allen 9695 Gross 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 COUNCILMEM13ER TEM DURIO COUNCILMEMBER GETZ MAYOR PRO TEM TURNER COUNCILMEMBER FELDSCHAU COUNCILMEMBER SAMUEL COUNCILMEMBER NEILD CITY ATTORNEY REED CITY CLERK BROUSSARD PW DIRECTOR BARTKOWIAK ACM BOONE Minutes — August 29, 2023 ACM ELLIS CFO SIMONEAUx CITY MANAGER WILLIAMS MAYOR WEST With there beifia no Tina Broussard, City Clerk ion, Council adjourned at 4:01 p.m. Minutes —August 29, 2023