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HomeMy WebLinkAbout04/27/2021 MIN BEAUM© NT T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING W.L. Pate,Jr., At-Large BECKY AMES, MAYOR Randy Feldschau, Mayor Pro Tern Taylor Neild,Ward I CITY COUNCIL MEETING Michael Getz,Ward II Audwin Samuel,Ward III APRIL 27, 2021 Robin Mouton,Ward IV Tyrone Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on April 27, 2021, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING * Invocation Pledge of Allegiance Roll Call • Presentation and Recognition Public Comment: Persons may speak on scheduled agenda items 8-1 1/Consent Agenda * Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Jon Stouffer with First United Methodist Church gave the invocation. Mayor Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present atthe meeting were MayorAmes, Mayor Pro Tem Feldschau, Councilmembers Neild, Getz, Pate, Samuel and Mouton. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions Presentation — Dr. Kelly Kays, Veterinarian at Beaumont Animal Care "Lemonade Day" —May 2, 2021, Proclamation read by Councilmember Mouton, accepted by Krista Hunter, Executive Director of the Beaumont Chamber Foundation, and sponsors of Lemonade Day "Molly Villarreal-Engineer of the Year" — Proclamation ready by Councilmember Pate; accepted by Molly Villarreal, City Engineer for the City of Beaumont Recognition —Jasper and Deborah Lovoi — accepted by Jasper and Deborah Lovoi along with any affiliated soccer groups that were in the audience Minutes—April 27 2021 Public Comment: Persons may speak on scheduled agenda items 8-11/Consent Agenda Mark McClellan 1270 Nottingham Ln. Beaumont TX Spoke regarding Item# 8 on the Agenda, Council to consider approving a resolution for the purchase of eight CNG buses for use by Beaumont Municipal Transit Addis Allen 9695 Gross Beaumont TX Spoke regarding Item D on the Consent Agenda, Authorizing the granting of a temporary access agreement with ExxonMobil Oil Corporation for the temporary use of city-owned property, as well as Item# 8 on the Agenda, Council to consider approving a resolution for the purchase of eight CNG buses for use by Beaumont Municipal Transit Alto Watson 2615 Gladys Beaumont TX Spoke regarding Item# 8 on the Agenda; Council to consider approving a resolution for the purchase of eight CNG buses for use by Beaumont Municipal Transit, as well as Item# 9 on the Agenda; Council to consider a resolution approving the purchase of eight Paratransit buses for use by Beaumont Municipal Transit CONSENT AGENDA Approval of minutes—April 20, 2021 Confirmation of board and commission member appointments— None A) Approve the purchase of Self-Contained Breathing Apparatus (SCBA) for use by the Fire Department- Resolution 21-101 B) Authorize the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD6) for the proposed Elinor Street Project- Resolution 21-102 C) Authorize the City Manager to execute Change Order No. 1, accept maintenance, and authorize final payment to Chief Solutions, Inc. for the Sewer Lift Station Wet Well Cleaning Contract Project - Resolution 21-103 D) Authorize the granting of a Temporary Access Agreement with ExxonMobil Oil Corporation for the temporary use of city-owned property - Resolution 21-104 E) Authorize the City Manager or his Designee to execute all documents necessary for an interlocal agreement between the Beaumont Police Department and the Harris County District Attorney - Resolution 21-105 F) Approve a resolution changing authorized signatories for the City of Beaumont's Transit System Clearing Account held at Wells Fargo Bank, NA - Resolution 21-106 G) Approve a contract to supply fuel at automated City-owned fuel sites and at retail locations with Fleetcor Technologies Operating Company dba Fuelman of Atlanta, Georgia - Resolution 21-107 Minutes—April 27,2021 H) Authorize the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services awarded to the Beaumont Public Health Department - Resolution 21-108 Councilmember Getz moved to approve the Consent Agenda. Councilmember Mouton seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS NEILD,GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a request to Rezone a property from C-M (Commercial - Manufacturing) to HI (Heavy Industrial) located at the southeast edge of the Beaumont City Limits between Highways 347 & 69 S. John Johnson is requesting a zone change for 53.41 acres of land located at the southeast edge of the Beaumont City Limits between Highways 347 &69 S. Mr. Johnson would like to rezone the property from C-M (Commercial - Manufacturing) to a HI (Heavy Industrial) District. The property owner is considering a contract with a new chemical manufacturing facility. Property to the north is zoned C-M, and property to the west is zoned HI (Heavy Industrial). Property to the east and south extend beyond the Beaumont City Limits. At a Joint Public Hearing held on April 19, 2021, the Planning Commission recommended 5:0 to approve the request to Rezone a property from C-M (Commercial - Manufacturing) to HI (Heavy Industrial). Not applicable. Approval of the ordinance. Councilmember Nelld 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 C-M (COMMERCIAL- MANUFACTURING) DISTRICT TO HI (HEAVY INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED AT THE SOUTHEAST EDGE OF THE BEAUMONT CITY LIMITS BETWEEN HIGHWAYS 347&69 SOUTH BEAUMONT, JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Pate seconded the motion. AYES: MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS NEILD,GETZ,PATE,SAMUEL AND MOUTON NAYS: NONE ABSTAIN: MAYOR AMES MOTION PASSED Minutes-April 27,2021 Ordinance 21-016 2. Consider a request for a Specific Use Permit to allow a mini storage facility in a GC-MD (General Commercial — Multiple-Family Dwelling) District located at 1930 College Street. Hetal Patel is requesting a Specific Use Permit for a self -storage facility at 1930 College Street. The staff in the hotel office will be available 24 hours a day to assist clients. These units will not be connected to any utilities. The applicant states, however, that access to the units would be limited to certain unspecified hours to reduce the potential for nuisance to the neighbors. There is a partial sidewalk existing along Avenue F, and it is obvious that pedestrians travel along the other streets where a sidewalk belongs. To further protect the neighborhood, staff and Engineering would prefer to eliminate access from Wall Street as it is not necessary. The applicant has stated they intend to install an 8- foot-tall wooden fence along the perimeter. At a Joint Public Hearing held on April 19, 2021, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow a mini storage facility in a GC-MD (General Commercial — Multiple-Family Dwelling) District with the following conditions: 1. Installation/repair of sidewalks along Wall Street, Avenue F and Avenue G. 2. Eliminate the entrance from Wall Street. 3. Install an 8-foot-tall wood or masonry fence along Avenue 6 and Wall Street for the perimeter of the storage facility. 4. Lighting shall be shielded from adjacent residential uses. Approval of the ordinance with the following conditions: 1. Installation/repair of sidewalks along Wall Street, Avenue F and Avenue G. 2. Eliminate the entrance from Wall Street. 3. Install an 8-foot-tall wood or masonry fence along Avenue 6 and Wall Street for the perimeter of the storage facility. 4. Lighting shall be shielded from adjacent residential uses. COUncilmember Nelld moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MINI STORAGE FACILITY IN A GM-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED AT 1930 COLLEGE STREET, WITH THE CONDITIONS,IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Mouton seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS NEILD,GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 21-017 Minutes-April 27,2021 3. Consider a request for a Revised Specific Use Permit to allow retail and condominiums in a GC-MD-2 (General Commercial—Multiple-Family—2) District located at 4515 N. Major Drive. Phuc Nhat Le is requesting an Amended Specific Use Permit to allow retail and condominiums at 4515 N. Major Drive. In September of 2020, Mr. Le requested a development consisting of seventeen (17) condominiums and approximately 23,080 square feet of retail space. In December of 2019, a request for retail and storage was approved. Now, the proposal has been revised to include thirty-six (36) Condominium units and approximately 10,700 square feet of retail space. The number and location of driveways is subject to approval of TXDOT. Any substantial changes to the site plan resulting from driveway approval may necessitate additional review of the plan via the Specific Use Permit process. Beaumont Fire states that the fire hydrants will need to be relocated from south of the buildings as they are inaccessible. At a Joint Public Hearing held on April 19, 2021,the Planning Commission recommended 5:0 to approve the request for a Revised Specific Use Permit to allow retail and condominiums in a GC-MD-2 (General Commercial—Multiple-Family—2) District with the following condition: 1. Relocate fire hydrants. Approval of the ordinance with the following condition: 1. Relocate fire hydrants. Mayor Pro Tem Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW A RETAIL FACILITY AND CONDOMINIUMS IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT FOR PROPERTY LOCATED AT 4515 N. MAJOR DRIVE,WITH THE CONDITIONS, BEAUMONT,JEFFERSON COUNTY,TEXAS. COuncilmember Getz seconded the motion. AYES: MAYORAMES, MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS NEILD,GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 21-018 4. Consider a request for a Specific Use Permit to allow for restaurant parking in an RCR (Residential Conservation Revitalization) District located at 1325 College Street. Rosa & Sifuentes Francisco Castillo would like to use the property located at 958 & 978 Orange Avenue and 1350 Gilbert Street to expand the parking for a proposed restaurant to be located at 1325 College Street. Plans were submitted and a Specific Use Permit approved back in 2015, but that has since expired. Minutes—April 27,2021 Adjacent land uses are residential along Gilbert. As such, driveway access should be located on Orange Street. Landscaping should be used to mitigate the impact to the neighboring properties. In addition, sidewalks along the property are in a state of disrepair and must be repaired/replaced along all streets. At a Joint Public Hearing held on April 19, 2021,the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow for restaurant parking in an RCR (Residential Conservation Revitalization) District with the following conditions: 1. Landscaping and screening be installed and maintained as per ordinance requirements, including provision of island, medians and/or peninsulas and perimeter buffer. 2. Irrigation system shall be installed and maintained for all required landscaping. 3. Replace/repair sidewalks along all streets. 4. Lighting to be shielded from neighboring residential properties. 5. Access drive should be off of Orange Street Approval of the ordinance with the following conditions: 1. Landscaping and screening be installed and maintained as per ordinance requirements, including provision of island, medians and/or peninsulas and perimeter buffer. 2. Irrigation system shall be installed and maintained for all required landscaping. 3. Replace/repair sidewalks along all streets. 4. Lighting to be shielded from neighboring residential properties. 5. Access drive should be off of Orange Street Councllmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RESTAURANT PARKING IN AN RCR(RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 1325 COLLEGE STREET, WITH THE CONDITIONS,IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Mayor Pro Tern Feldschau seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS NEILD,GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 21-019 5. Consider a request for a Revised Specific Use Permit and a Rezoning from IRS (Residential Single-Family Dwelling) to RM-H (Residential Multiple-Family Dwelling — Highest Density) District for a portion of the property to allow the expansion of an assisted living center located at 2990 S. Major Drive. In January of 2016, Vera Bagneris received a Specific Use Permitto provide 24-hourcare for twelve (12) elderly residents at 2990 S. Major Drive. Caretakers would be present 24 hours per day, but not living at the property. Some of the clients residing in this facility would require nursing and ambulatory care. Some residents may have limited mobility. Ms. Bagneris would like to expand and accommodate sixteen (16) clients. Minutes—April 27,2021 Property to the north was purchased and is currently zoned RS (Residential Single -Family Dwelling). In order to consider a Specific Use Permit on this additional land, it will need to be rezoned from IRS to RM-H (Residential Multiple -Family Dwelling --- Highest Density) to match the existing assisted living facility. Ms. Vargas requested and was approved for a waiver to any additional landscaping in 2016. A four (4) foot chain link fence was located along the north and west property lines, with no existing landscaped buffers or fence along the south property line. As this request involves new construction and an increase of more than 25%, all landscaping requirements will need to be met including landscaped buffers along the west and north property lines and perimeter landscaping for parking areas. In addition, all new outdoor lighting must be shielded to protect neighboring properties. Beaumont Fire indicates that due to the expansion of the facility, additional water supply(fire hydrant) may be required depending on the installation of fire protection equipment per IFC (International Fire Code) requirements. At a Joint Public Hearing held on April 19, 2021,the Planning Commission recommended 5:0 to approve the request for a Revised Specific Use Permit and a Rezoning from IRS (Residential Single-Family Dwelling)to RM-H (Residential Multiple-Family Dwelling—Highest Density) District for a portion of the property to allow the expansion of an assisted living center with the following conditions: Any improvements made within the state right-of-way shall be permitted by TXDOT. 1. A six (6) foot wide landscaped strip, as prescribed by ordinance, must be located between the front parking spaces and the right-of-way. 2. The ADA space shall be signed according to ADA requirements. 3. An eight (8) -foot wood or masonry privacy screening fence must be constructed and maintained along the west and north property lines along with a 10-foot-wide landscaped buffer. 4. Outdoor lighting must be directional and shielded from neighboring properties. 5. Plans must meet all IFC requirements. Not applicable. Approval of the ordinance with the following conditions: 1. Any improvements made within the state right-of-way shall be permitted by TXDOT. 2. A six (6) foot wide landscaped strip, as prescribed by ordinance, must be located between the front parking spaces and the right-of-way. 3. The ADA space shall be signed according to ADA requirements. 4. An eight(8) -foot wood or masonry privacy screening fence must be constructed and maintained along the west and north property lines along with a 10-foot-wide landscaped buffer. 5. Outdoor lighting must be directional and shielded from neighboring properties. 6. Plans must meet all IFC requirements. C ouncllmember Mouton 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 IRS(RESIDENTIAL SINGLE FAMILY Minutes—April 27,2021 DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 2990 s. MAJOR DRIVE, WITH THE CONDITIONS, BEAUMONT, JEFFERSON COUNTY,TEXAS;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Getz seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS NEILD,GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 21-020 Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW EXPANSION OF AN ASSISTED LIVING FACILITY IN AN RM-H(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)DISTRICT PROPERTY LOCATED AT 2990 S. MAJOR DRIVE, WITH THE CONDITIONS, BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Mouton seconded the motion. AYES: MAYORAMES,MAYOR PROTEM FELDSCHAU,COUNCILMEMBERS NEILD,GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 21-021 6. Consider a request fora Revised Specific Use Permitto allow the expansion of a school in a GC-MD (General Commercial — Multiple-Family Dwelling) District located at 10255 Eastex Freeway. Stephen West is requesting permission to expand a charter school at 10255 Eastex Frwy. Triumph Church requested a Specific Use Permit for a school in 2011. Plans are to expand the school by placing three (3) modular buildings on the property just north of the existing school/church. The existing parking will be sufficient for the added classroom space. The school, in general, does not operate at the same time the church is meeting. The property is bordered to the west by Old Voth Road and to the east by Eastex Freeway. At a Joint Public Hearing held on April 19, 2021,the Planning Commission recommended 5:0 to approve the request for a Revised Specific Use Permit to allow the expansion of a school in a GC-MD (General Commercial — Multiple-Family Dwelling) District with the following condition: 1. An amended Specific Use Permit would be required for 10255 Eastex should the buildings be leased or sold to a different owner or user. Approval of the ordinance with the following condition: 2. An amended Specific Use Permit would be required for 10255 Eastex should the buildings be leased or sold to a different owner or user. Minutes—April 27,2021 CounCllmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW EXPANSION OF A SCHOOL IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 10255 EASTEX FREEWAY, WITH THE CONDITIONS, BEAUMONT, JEFFERSON COUNTY TEXAS. Mayor Pro Tem Feldschau seconded the motion. AYES: MAYORAMES, MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS NEILD,GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 21-022 7. Consider a request fora Specific Use Permit to allow a duplex in an RS (Residential Single- Family Dwelling) District located at 685 Jeny Lane. James Callas is requesting a Specific Use Permit to allow a duplex at 685 Jerry Lane. The approximately 2,700 square foot building would be divided equally into two (2) residences. The property is mostly surrounded by single family homes in an RS (Residential Single - Family Dwelling) District. However, properties to the north and east are zoned LI (Light Industrial). Therefore, staff finds low density multi-family development to be acceptable for this location with adequate buffers of fencing and landscaping. At a Joint Public Hearing held on April 19, 2021,the Planning Commission recommended 5:0 to approve the request for a Revised Specific Use Permit to allow a duplex in an RS (Residential Single-Family Dwelling) District. Approval of the ordinance. CounCllmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DUPLEX IN AN RS (RESIDENTIAL SINGLE-FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 685 JENY LANE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the motion. AYES: MAYORAMES,MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS NEILD,GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 21-023 8. Consider a resolution approving the purchase of eight CNG buses for use by Beaumont Municipal Transit. Beaumont Municipal Transit currently operates 18 buses to provide transit services for the City. Pricing was obtained on eight approximately 30' CNG buses.The price pertransit bus is $519,497 with delivery to the City in approximately 12 months. The Federal Transportation Administration (FTA) requires that the new buses to be operated until they reach 350,000 Minutes—April 27,2021 miles or 10 years of age. The buses that are being retired had to be in service for twelve (12) years or exceed 500,000 miles. The City is replacing eight buses that were acquired in February 2009. All buses that are removed from service will be placed on auction or disposed of according to grant guidelines. City Council conducted a Work Session on January 28, 2020, authorizing staff to apply for a grant to replace three CNG buses, with a local match of $787,500. Since the time of application, additional funding was identified allowing us to acquire several additional, needed vehicles as well as Transportation Development Credits (TDCs) reducing the required local match. Total pricing in the amount of$4,155,976 was obtained from Gillig Manufacturing Company of Livermore, California, through the Commonwealth of Virginia pricing contract. Commonwealth of Virginia is a State purchasing contract that complies with FTA Procurement statues. Funds will come from the Department of Transportation/Federal Transportation Administration Grant ($3,766,353). Municipal Transit Fund-Matching funds ($389,623). Approval of the resolution. Councllmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF EIGHT (8) COMPRESSED NATURAL GAS (CNG) POWERED TRANSIT BUSES FOR USE BY BEAUMONT MUNICIPAL TRANSIT FROM GILLIG MANUFACTURING COMPANY, OF LIVERMORE, CALIFORNIA, IN THE AMOUNT OF $4,156,976.00 THROUGH THE COMMONWEALTH OF VIRGINIA COOPERATIVE PURCHASING PROGRAM. Councllmember Mouton seconded the motion. AYES: MAYORAMES,MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS NEILD,PATE, SAMUEL AND MOUTON NAYS: COUNCILMEMBER GETZ MOTION PASSED Resolution 21-109 9. Consider a resolution approving the purchase of eight Paratransit buses for use by Beaumont Municipal Transit. Beaumont Municipal Transit currently operates 10 Paratransit buses to provide transit services forthe City. Pricing was obtained on eight 24' buses. The price per bus is $118,531 with delivery to the City in approximately six months. The Federal Transportation Administration (FTA) requires thatthe new buses areto be operated until they reach 100,000 miles or four years of age. The buses that are being retired had to be in service for six years or exceed 100,000 miles. The City is replacing eight buses that were acquired in January 2010. All buses that are removed from service will be placed on auction or disposed of according to grant guidelines. City Council conducted a Work Session on January 28, 2020, authorizing staff to apply for a grant to replace four Paratransit buses, with a local match of $240,000. Since the time of application, additional funding was identified allowing us to acquire several additional, Minutes—April 27,2021 needed vehicles as well as Transportation Development Credits (TDCs) reducing the required local match. Total pricing in the amount of $948,248 was obtained from Creative Bus Sales of Irving, Texas through the Texas Smart Buy purchasing contract. Texas Smart Buy is a state cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. Texas Smart Buy complies with FTA Procurement statues. Funds will come from the Department of Transportation / Federal Transportation Administration Grant ($894,909). Municipal Transit Fund - Matching funds ($53,339). Approval of the resolution. Mayor Pro Tem Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF EIGHT (8) PARATRANSIT BUSES FOR USE BY BEAUMONT MUNICIPAL TRANSIT FROM CREATIVE BUS SALES,OF IRVING,TEXAS,IN THE AMOUNT OF$948,248.00 THROUGH THE TEXAS SMART BUY COOPERATIVE PURCHASING PROGRAM. Councilmember Neild seconded the motion. AYES: MAYORAMES,MAYOR PRO TEN FELDSCHAU,COUNCILMEMBERS NEILD,PATE, SAMUEL AND MOUTON NAYS: COUNCILMEMBER GETZ MOTION PASSED Resolution 21-110 10. Consider a resolution that the City Council desires to meet with the Board of Trustees of the Beaumont Independent School District on a quarterly basis to discuss items of mutual benefit or concern. The City Council met with the Board of Trustees of BISD in a Special Meeting on Tuesday, April 20, 2021. The request for this resolution to be considered by the City Council was made by Councilmember Neild and seconded by Mayor Ames. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL AND THE BOARD OF TRUSTEES OF THE BEAUMONT INDEPENDENT SCHOOL DISTRICT HAVE AGREED TO MEET ON A QUARTERLY BASIS TO DISCUSS ITEMS OF MUTUAL BENEFIT OR CONCERN AND THE CITY COUNCIL HAS AGREED TO MEET WITH THE BOARD OF TRUSTEES OF BISD ON AT LEAST A QUARTERLY BASIS. Councilmember Mouton seconded the motion. AYES: MAYORAMES,MAYOR PROTEM FELDSCHAU,COUNCILMEMBERS NEILD,GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 21-111 Minutes—April 27,2021 11. Consider a resolution to reinstate the charging of fares for the use of the transit system. In April 2020, soon after the onset of Covid-19 in Beaumont, City Council authorized the waiving of transit fares. The purpose was to allow for better social distancing between drivers and riders in order to reduce the spread of the virus. This combined with on-site testing of drivers and staff, limitation and spacing of passengers, provision of PPE and contracting for regular deep cleaning has helped to limit the impact of Covid through the transit system. As a result, the transit system never reduced service during the pandemic. Now that Covid-19 cases are declining and vaccinations have been offered to all transit drivers and staff, we believe that the collection of fares should be reinstated. A proposed date would be June 1, 2021. The collection of fares will not only resume much-needed revenue to the system but will also help to limit riders using the system for reasons otherthan transportation. It should be noted that wearing masks on transit vehicles will continue to be mandatory until the order is lifted by the Federal Transit Administration. The annual cost to operate the system is approximately $5,362,000. Of that amount, in a typical year, approximately $2,169,000 is funded by a grant from the Federal Transit administration (FTA) and $511,000 from a Texas Department of Transportation (TXDOT) grant. Approximately $435,000 is funded through the charging of fares and the balance is paid from the General Fund. Funds will come from the transit system is funded through a combination of rider fares, monies from the General. Fund as well as grants from the Texas Department of Transportation and the Federal Transit Administration. Approval of the resolution. Mayor Pro Tem Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE REINSTATING CHARGING AND COLLECTION OF FARES FOR SERVICES FOR THE BEAUMONT MUNICIPAL TRANSIT SYSTEM; AND PROVIDING FOR AN EFFECTIVE DATE. CDuncllmember Nelld seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS NEILD,GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 21.024 PUBLIC HEARING Dangerous Structures Public Hearing Open: 3:09 p.m. Public comments were made by the following people who personally appeared and requested additional arrangements for their property. Minutes—April 27,2021 Oscar Sanchez, Jr. 190 Langham Rd. Beaumont TX Item#4 315 E. Caldwood Isaac Adams Sr. 305 E. Caldwood Dr. Beaumont TX Item# 4 315 E. Caldwood Mary Harmon 450 Giles Beaumont TX Item# 8 460 Giles Linda G. Moore 5620 Tyrrell Park Rd. Beaumont TX Item# 13 3915 Lydia Trudie Downs 109 PR 8776 Warren TX Item# 20 3375 Paris William Bailey 3320 Paris Beaumont TX Item# 20 3375 Paris Dan Mabry 595 Orleans Suite 1400 Beaumont TX Item# 23 7895 San Diego Joe Guillory 1890 Laurel Beaumont TX Item# 25 2245 Somerset Gilbert Garza 150 Sparrow Way Beaumont TX Item# 26 160 Sparrow Way Javier Alohondro 50 W. Mashta Dr. #1 Key Biscayne,FL Item# 29 4451 Woodlawn Public Hearing Close: 3:50 p.m. 12. These structures have been inspected bythe Building Codes Division and found to be unsafe structures as defined by the City of Beaumont's Code of Ordinances, Chapter 24, Article 24.04 Unsafe Substandard Structures, Division 1, Sec. 14,04.001 of the 2015 International Property Maintenance Code. Additionally, these structures have deteriorated to a condition that they are no longer considered suitable for repair. Fund sources may include General funds and Community Development Block Grant(CDBG) funding. Minutes—April 27,2021 Approval of the ordinance. 1. 2640 Bolivar 27 3050 Brenham & garage 3. 3060 Brenham 4. 315 E. Caldwood 5. 730 Clara 6. 5385 Emerald 7. 440 E.Gill 8. 460 Giles & shed 9. 1791 Grand includes garage & shed 10.4210 Harding 11.3830 Houston 12.1487 Long 13.3915 Lydia 14.2123 Magnolia & shed 15.3685 Magnolia 16.4495 N. Major & shed 17.2780 Mashed O 18.701 1911 —garage only 19.4397 Ogden & shed 20.3375 Paris 21.1920 Poplar 22. 1485 Prairie — rear structure only 23.7895 San Diego & shed 24.535 E. Simmons 25.2245 Somerset 26. 160 Sparrow Way 27.2409 St Helena 28.7455 Tram & shed 29.4451 Woodlawn 30.3330 Worcester Councilmember Nelld moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL AS WELL AS TO ALLOW PROPERTY OWNERS OF ITEMS #13, 20, 23, 25 AND 29 TO ENTER INTO A 150 DAY WORK PROGRAM ON THE DANGEROUS STRUCTURE LIST; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. COuncilmember Samuel Seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS NEILD,GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 21-025 Minutes—April 27,2021 COMMENTS Public Comments (Persons are limited to three minutes) Ricky Jason 1075 Magnolia Beaumont TX Thanked Councilmember Pate, if it wasn't for him he would be in prison or dead, spoke highly of the Pate family and all they have done for him and the dance group that he belonged to, stated that Council has a diamond with Councilmember Pate, he will make a beautiful leader for the City, also thanked Mayor Ames for all she's done for the City of Beaumont Terry Roy 9150 Shepherd Beaumont TX Stated that he's been to Council several times to address issues that he's had with his sewer and not being able to flush his toilet, stated that he loves where he lives and even though he was told by his Councilmember that if he wasn't happy then he needed to leave, he's a constituent of Ward h and didn't appreciate being asked to leave, stated that he's now dealing with a sewer pipe that runs underneath his street that holds about seven inches of water, needs to have this fixed as soon as possible, thanked Mayor Ames for her years of service, she will be missed Alto Watson 2615 Gladys Beaumont TX Stated that he has a unique problem that he can't get an answer to, he sent the City Manager and the City Attorney an email regarding his purchasing the sign that was removed from Colliers Ferry Park, asked that he get a response, if there's a bidding process then let him know he would like to buy the sign, asked that someone respond to him regarding this issue Christopher Matthews 3875 N. Major Dr. Beaumont TX Commented on the election that will be held on Saturday, thanked Council for their service to the city Addie Allen 9695 Gross Beaumont TX Complained about a home in her neighborhood that's on the demolition list, stated that she's complained about this property for some years, this structure needs to be torn down * Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - NONE COUNCILMEMBER GETZ- STATED THAT EARLY VOTING CONTINUES TODAY UNTIL 7:00 P.M., IF CITIZENS HAVEN'T VOTED YET THEY HAVE UNTIL 7:00 P.M., TO DO SO, ELECTION DAY IS SATURDAY, MAY 1, 2021, FROM 7:00 A.M. TO 7:00 P.M., ENCOURAGED EVERYONE TO EXERCISE THEIR RIGHT TO VOTE MAYOR PRO TEM FELDSCHAU - ECHOED COMMENTS BY COUNCILMEMBER GETZ Minutes—April 27,2021 ABSTENTION AFFIDAVIT THE STATE OF TEXAS § COUNTY OFF JEFFERSON § 1, (� as a member of the L-J Q Una 6 A (Ci Council, Commission, or Board) makel is affidavit and hereby on oath state the following: I, and/or a erson or persons related to me, havy substantial interest in a business entity that would be peculiarly affected by a vote or decision of the Jh C] ILYYI ,a-r (City Council, Commission, or Board) as those terms are defined in V.T.C.A., Local Government Code § 171.002.. The business entity is: 11 1 7011 f- (Name) 4 agoI T -He 0reek l�r �qq5 (Address) 1 54 ArwLtrj-1 x -rj ul a, ("I," or name of relative and relationship) have/has a substantial interest in this business entity for the following reasons: (check all of which are applicable.) Ownership of 10 percent or more of the voting stock or shares of the business entity. Ownership of either 10 percent or more or$15,000 or more of the fair market value of the J business entity. Funds received from the.business entity exceed 10 percent of(my, her, his) m 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$2,500. A relative of mine, within the first or second degree by blood or marriage, has a substantial interest in the business entity or property that would be affected by a decision of the public body of which 1 am a member. Upon filing of this affidavitwith the City Clerk, 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 2/' day of . 200 Signature Official fmaV by- Title BEFORE ME, the undersigned authority, on this day personally appeared et- Am and on oath stated that the facts hereinabove state�d are true to the best of his/her kno vledge or belief. SWORN to and subscribed before me o this theC7 ! ' (day of , 2AI. 1Op�.=GAIR',OU SSARD ate u1 TewesNotary Public in and forOt-13-]913435,19 COUNCILMEMBER PATE - NONE COUNCILMEMBER SAMUEL- NONE COUNCILMEMBER MOUTON - GAVE CONDOLENCES TO THE FAMILIES OF RAYMOND MAYFIELD AND MARIE W ILTZ,ASKED THAT EVERYONE GO OUT AND VISIT THE LEMONADE STANDS ON SUNDAY,MAY 2,2021, FOR LEMONADE DAY CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR AMES - REMINDED EVERYONE THAT CITY COUNCIL WILL HAVE THEIR QUARTERLY EVENING MEETING ON TUESDAY,MAY 4,2021 AT 6:00 P.M. Wi there)being no Executive Session, Council adjourned at 4:12 p.m. Be y Am M�or Tina Broussard, City Clerk i Minutes—April 27,2021