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HomeMy WebLinkAbout12/07/2021 MIN BEAUMONT T E 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 1 CITY COUNCIL MEETING Michael Getz,Ward II Audwin Samuel, Mayor Pro Tern December 7,2021 Chris Durio,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 December 7, 2021, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 6:00 p.m. to consider the following: OPENING * Invocation Pledge of Allegiance Roll Call * Proclamations, Presentation and Recognition * Public Comment: Persons may speak on the Consent Agenda and Agenda items 3-5 and 7 Mayor Mouton called the council meeting to order at 6:00 p.m. Reverend Willis Semien with Cathedral of Faith Baptist 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 Samuel, Councilmembers Durio, Getz, Turner, Feldschau and Neild. Also, present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions None 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 3-5 and 7 None 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 November 16, 2021, City Council Meeting Minutes Minutes—December 7,2021 B. Confirmation of board and commission member appointments - Resolution 21-317 Dr. Danny Hurych, DVM would be appointed as Chairman to the Animal Care Advisory Committee. The term would commence December 7, 2021 and expire December 6, 2022. (Mayor Robin Mouton) Maryjane Benning would be appointed as Vice Chairman to the Animal Care Advisory Committee. The term would commence December 7, 2021 and expire December 6, 2022. (Mayor Robin Mouton) Dr. Richard Leblanc(Ex-officio)would be appointed to the Convention and Tourism Advisory Board. The term would commence December 7, 2021 and expire September 30, 2023. (Mayor Robin Mouton) Robert Calvert would be appointed as Chairman to the Convention and Tourism Advisory Board. The term would commence December 7, 2021 and expire December 6, 2022. (Mayor Robin Mouton) Cheryl Guillory would be appointed as Vice Chairman to the Convention and Tourism Advisory Board. The term would commence December 7, 2021 and expire December 6, 2022. (Mayor Robin Mouton) Dora Nisby would be appointed as Chairman to the Library Commission. The term would commence December 7, 2021 and expire December 6, 2022. (Mayor Robin Mouton) Ben Woodhead would be appointed as Vice Chairman to the Library Commission. The term would commence December 7, 2021 and expire December 6, 2022. (Mayor Robin Mouton) Christopher Jones would be appointed as an Alternate to the Board of Adjustment(Zoning). The term would commence December 7, 2021 and expire December 6, 2023. (Mayor Robin Mouton) John Dean would fill the unexpired term of Darrell Stephens on the Police Department Community Advisory Committee. The term would commence December 7, 2021 and expire September 30, 2023. (Councilmember Audwin M. Samuel) C. Authorize the City Manager to execute Change Order No. 2, to the contract with BDS Constructors, LLC d/b/a MK Constructors for the Primer Street Lift Station Repairs Contract Project - Resolution 21-318 D. Authorize the City Manager to execute Change Order No. 4 to the contract with Solid Bridge Construction, LLC for the Cattail Marsh Wetlands Repair Project - Resolution 21-319 E. Authorize the City Manager to execute Change Order No. 4, accept maintenance, and authorize final payment to Gulf Coast, a CRH Company for the CDBG—Street Rehabilitation Project - Resolution 21-320 F. Authorize the City Manager to execute Change Order No. 2, accept maintenance, and authorize final payment to Gulf Coast, a CRH Company for the Street Rehabilitation City Wide— Phase III Project - Resolution 21-321 Minutes—December 7,2021 G. Approve a contract with McGriff Insurance Services Inc., of San Antonio for workers' compensation excess insurance - Resolution 21-322 H. Approve a resolution casting the City of Beaumont's votes (459) to Lauren Williams Mason for election to the Jefferson Central Appraisal District Board of Directors for the 2022-2023 term of office - Resolution 21-323 Councilmember Neild moved to approve the Consent Agenda. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED AGENDA 1. Consider a request for a Specific Use Permit to allow a gasoline retailer/convenience store in an NC (Neighborhood Commercial) District located at 3355 Gladys Avenue. Charles Shajari on behalf of Saiyad Ali, is requesting a Specific Use Permit to allow a gasoline retailer/convenience store at 3355 Gladys Avenue. Mr. Ali plans to demolish the existing buildings and construct a new facility. The service station would be open 24 hours per day and employ five (5) or six (6) full time employees. Engineering has noted that it would be beneficial to shift the two (2) existing driveways (located between the building and the fuel canopy)to the north aboutfifteen (15)feetto more properly align with the driveway crossing the property. In addition,the parking along the west side of the building does not meet City requirements and should be removed from the site plan along with the southwest driveway. Ten parking spaces will, however, be required. Per the City Landscaping Ordinance, trees are required as part of the 6' wide landscaped buffer at each property line between parking and the right-of-way. Trees will be required along with shrubs along Longfellow Drive but will not be allowed along Gladys Avenue or IH- 10 N, due to overhead power lines. In addition, sidewalks will be required along all three (3) right-of-ways. Properties to the west and north are residential. In order to protect these properties as much as possible from the effects of a convenience store, all lighting must be shielded. At a Joint Public Hearing held on November 15, 2021, the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow a gasoline retailer/convenience store in an NC (Neighborhood Commercial) District with the following conditions: 1. Remove the southwest driveway, shift the two (2) existing driveways (located between the building and the fuel canopy) to the north about fifteen (15) feet, remove parking spaces on the west side of the building and add two parking spaces that meet City standards. Minutes—December 7,2021 2. Sidewalks shall be installed/maintained along all three (3) right-of-way frontages. 3. Landscaping must meet City requirements. 4. Shield lighting from residential neighbors to the west and north. 5. Pavement between the sidewalk and back of curb must be removed and replaced with sod. Approval of the ordinance with the following conditions: 1. Remove the southwest driveway, shift the two (2) existing driveways (located between the building and the fuel canopy) to the north about fifteen (15) feet, remove parking spaces on the west side of the building and add two parking spaces that meet City standards. 2. Sidewalks shall be installed/maintained along all three (3) right-of-way frontages. 3. Landscaping must meet City requirements. 4. Shield lighting from residential neighbors to the west and north. 5. Pavement between the sidewalk and back of curb must be removed and replaced with sod. Councilmember Feldschau moved to ADOPT AN ORDINANCE GRANTING A SPECIFIC USE PERMITTO ALLOW A GASOLINE RETAILER/CONVENIENCE STORE IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT FOR PROPERTY LOCATED AT 3355 GLADYS AVENUE,WITH THE CONDITIONS,IN THE CITY OF BEUAMONT,JEFFERSON COUNTY,TEXAS. Councilmember Durio seconded the motion. Councilmember Neild moved to add an additional condition that a fence be installed on the north side of the property. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 21-076 2. Consider a request to rename Buford Street between Port and Brooklyn Streets to McCarty Street. Reverend Willie F. Williams, Jr, has requested to rename a portion of Buford Street to McCarty Street. Reverend Williams states that the street should be renamed in honor of the work Reverend William Nelson McCarty, Sr. accomplished in the community specifically the South End of Beaumont. Reverend McCarty accepted Starlight's call for service in December of 1948 and began plans for re-organizing ministries, including the order of worship, and the church's future expansion. Under his leadership membership increased dramatically and new ministries were introduced and flourished. In 1970 his leadership in the civil rights movement, helped the minority community begin to thrive in Southeast Texas. In 1985, The Family Institute was introduced, providing after school student tutorials, a reading program, personal finance lessons and a myriad of other activities to enhance the community. Reverend McCarty led the Starlight church for 38 years and he's fondly remembered by the community he served and the church he led. Minutes—December 7,2021 I The Street Renaming Policy for the City of Beaumont states that `if City Council determines by a %vote of approval that special circumstances surround a street name change request, then City Council may change the name of a street without approval of seventy-five (7594o) percent of the abutting property owners." There are two (2) properties in the subject area using Buford Street addresses. At a Joint Public Hearing held on November 15, 2021, the Planning Commission recommended 8:0 to approve the request to add "McCarty Street" as an honorary name to the section of Buford Street between Port and Brooklyn Streets. Approval of the ordinance. Mayor Pro Tem Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE CHANGING THE NAME OF BUFORD STREET BETWEEN PORT AND BROOKLYN STREETS TO MCCARTY STREET, BEAUMONT,JEFFERSON COUNTY, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 21-077 3. Consider authorizing the City Manager to execute a contract with Jefferson County related to the housing of prisoners at the County Jail. The proposed contract would be effective upon execution and shall continue until and through October 31, 2022. Thereafter, the contract shall continue from year to year thereafter unless terminated by either of the parties in accordance with the provisions outlined in the contract. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INTERGOVERNMENTAL CONTRACT BETWEEN THE CITY OF BEAUMONT AND JEFFERSON COUNTY RELATED TO THE HOUSING OF PRISONERS AT THE JEFFERSON COUNTY JAIL EFFECTIVE UPON EXECUTION AND TERMINATE OCTOBER 21, 2022 AND CONTINUE THEREAFTER YEAR TO YEAR UNLESS TERMINATED BY EITHER OF THE PARTIES IN ACCORDANCE WITH THE PROVISIONS OUTLINED IN THE CONTRACT. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-324 Minutes—December 7,2021 4. Consider authorizing the City Manager to execute a contract with Jefferson County related to potable drinking water services and sanitary sewer services to the Jefferson County Correctional Facility. The proposed contract outlines the requirements of the City and the County related to the provision of potable drinking water services and sanitary sewer services to the Jefferson County Correctional Facility. Jefferson County would be charged the same rates for water and sewer services as established from time-to-time by the City Council for inside the City of Beaumont rates established in the Code of Ordinances. The contract shall be for a period of 12 months from and after the date of execution and shall continue there after year to year until either party gives 30 days written notice of intent to terminate the agreement. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER,BE AND HE IS AUTHORIZED TO EXECUTE A CONTRACT BETWEEN THE CITY OF BEAUMONT AND JEFFERSON COUNTY RELATED TO POTABLE DRINKING WATER SERVICES AND SANITARY SEWER SERVICES TO THE JEFFERSON COUNTY CORRECTIONAL FACILITY FOR A ONE (1)YEAR TERM COMMENCING FROM AND AFTER THE DATE OF EXECUTION AND CONTINUING THEREAFTER YEAR TO YEAR UNTIL EITHER PARTY GIVES THIRTY (30) DAYS WRITTEN NOTICE OF INTENT TO TERMINATE THE CONTRACT. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-325 5. Consider authorizing the City Manager, or his/her designee, to negotiate an Engineering Services Agreement with Lanier & Associates to firm up their estimated costs related to possibly berthing the Battleship Texas in the Neches River adjacent to Riverfront Park. (Item Tabled) Lanier and Associates is an engineering firm based in New Orleans, with an office in Beaumont, TX. Lanier engineered the Riverfront Park Baan Stabilization Project that is waiting for approval from the U.S. Army Corp of Egineers. Lanier was asked by the City of Beaumont to provide preliminary numbers for the possible berthing of the Battleship Texas at Riverfront Park. Councilmembers Neild and Samuel have requested an action item by the City Council to determine whether Lanier & Associates should do additional work to firm up or harden the numbers they initially provided. If the City Council approves the resolution authorizing additional work, the Council will need to determine the specific items they want included (location of ship, parking lot, gift shop/ticket sales, restrooms, etc.) in the contract and city staff will move forward to negotiate the price for additional engineering services. The proposed agreement and the cost would then be brought back to City Council for approval. Funds will come from the Fund Balance in the General Fund. Minutes—December 7,2021 Councilmember Feldschau moved to table this item. Councilmember Getz seconded the motion. Item Tabled PUBLIC HEARING Receive comments related to the property located at 3720 Ector Street Public Hearing Opened: 6:53 p.m. None Public Hearing Closed: 6:54 p.m. 6. Consider an ordinance declaring 3720 Ector an Imminent Danger and order its immediate demolition and cleanup. The structure at 3720 Ector Street was "tagged" as unsafe on March 1, 2021. The structure has been damaged by fire. Attempts to resolve the issue with the property owner have been unsuccessful. Funds will come from the General Fund. Approval of ordinance. Councilmember Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FINDING THE STRUCTURE LOCATED AT 3720 ECTOR STREET TO BE A PUBLIC NUISANCE AND ORDERING ITS DEMOLITION AND REMOVAL AS A CLEAR AND PRESENT DANGER TO PUBLIC SAFETY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 21-078 EXECUTIVE SESSION—Council recessed at 6:56 p.m. To discuss and or deliberate economic development negotiations in accordance with Section 551.087 of the Government Code to wit; specifically: A proposed Letter of Intent (LOI) with OCI Beaumont, LLC Council reconvened at 8:06 p.m. Minutes—December 7,2021 REGULAR AGENDA 7. Consider authorizing a Letter of Intent (LOI)with OCI Beaumont, LLC or one of its affiliates. (Item Deferred) OCI would like to execute a LOI with the City of Beaumont to allow a third party to perform a site study at the City's landfill and wastewater treatment facility. The study would help OCI determine the feasibility of a landfill gas recovery project and wastewater anaerobic digester project. Due to the time and cost of such study, OCI is requesting a six-month exclusivity period in which to conduct the site study. If the study finds that a transaction of the above-mentioned projects is feasible, then the terms of any transaction would be subject to negotiations at that time. No cost to the City would be incurred for this study. Approval of the resolution. DISCUSSION ITEM * Review and discuss the hiring process related to the position of City Manager Councilmember Feldschau asked City Manager, Kyle Hayes if he would give advice as to how the Council should go about searching for a City Manager as well as an Interim City Manager. Councilmember Samuel discussed the hiring process related to the position of City Manager, he stated that what's occurred in the past is first an interim would be appointed from within the city, and second would be to hire a firm that has expertise in seeking a City Manager nationwide, as well as giving a timeline as to when the Council wants to start the procedure. The following directive was given to the City Manager as to what Council would like to see happen: 1. Interim City Manager-City Manager will send an email to Department Directors to see who is interested in being the Interim and ask that they let him know, the City Manager will then inform Council, interviews will be setup with Council. If anyone that any Councilmember knows that may be interested need to provide the City Manager with their names and he will set those interviews up with Council as well 2. City Manager Search Firm - The Human Resources Director, Chris Catalina will search for firms that specializes in searching for a City Manager, narrow down to at least 3 to 5 firms, provide those to the City Manager who will put each firm on the agenda and have the Council interview those firms in an open session, out of the 3 to 5 firms Council will select one that they will hire to do the nationwide search Timeline is as follows: Department Heads have until December 31, 2021, to inform the City Manager if they are interested in the Interim position. Minutes—December 7,2021 If any Councilmember knows of anyone that's interested, they will also provide that information to the City Manager, each Councilmember can provide up to two names to the Manager. Interviews with those interested in the Interim position will take place sometime in January 2022 The Council would like to have an interim in place by February 1, 2022, or earlier, to work with the City Manager in his transition. COMMENTS Public Comments (Persons are limited to three minutes) Ronald Kelley 2295 Angelina St. Beaumont TX Spoke to Council regarding city streets, asked that Council not forget, stated that he's been living on Angelina St., since 2009, the city did a study and said that Angelina was to be repaired in 2019 and it's almost 2022 and the street still hasn't been repaired, thinks they deserve to have their street redone, asked that those that represent his area please help him and his neighbors get their street repaired,Angelina Street has never been repaired in many years and needs to be done Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - NONE MAYOR PRO TEM SAMUEL- NONE COUNCILMEMBER FELDSCHAU - NONE COUNCILMEMBER TURNER- STATED TO MR. KELLY THAT HIS STREET IS ON THE LIST TO BE DONE SOON,THANKED EVERYONE FOR THEIR PATIENCE THAT WAITED TONIGHT COUNCILMEMBER GETZ- STATED THAT TODAY IS THE 80TH ANNIVERSARY OF PEARL HARBOR,ASKED THAT ANYTIME A CITIZEN SEES A VETERAN TO PLEASE THANK THEM FOR THEIR SERVICE, ASKED WHEN THE CITY OF BEAUMONT WOULD BEGIN THE REDISTRICTING PROCESS, STATED THAT THE COUNTY AND THE STATE HAS DONE THEIRS,THINKS THE CITY NEEDS TO DO THEIRS AS WELL COUNCILMEMBER DURIO - THANKED THE STAFF THAT PLANNED THE CHRISTMAS TREE LIGHTING AND THE CHRISTMAS PARTY, IT WAS NICE, HAD A GREAT TIME Minutes—December 7,2021 MAYOR MOUTON - THANKED STAFF FOR THE CHRISTMAS TREE LIGHTING AND THE CHRISTMAS PARTY, THE FOOD, BAND AND FIREWORKS WERE FANTASTIC, THANKS TO EVERYONE WHO CAME OUT FOR THE MEETING CITY MANAGER HAYES - NONE CITY ATTORNEY COOPER- NONE Open session of meeting recessed at 8:57 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Jessica Watts Claim of Charlotte Levine Consider matters to deliberate the employment, evaluation, duties of a public officer or employee in accordance with Section 551.074 of the Government Code to wit: specifically: Sharae Reed, First Assistant City Attorney R in Mouton Mayor ® ®� MAV 0 �®`�� Gib ���0 Tina Broussard, City Clerk t- � LU a � e � Minutes—December 7,2021