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HomeMy WebLinkAbout01/12/2021 MINp J.' 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 JANUARY 12, 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 January 12, 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 1,3 and 4/Consent Agenda * Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Dwight Benoit with Magnolia Missionary Baptist Church gave the invocation. Mayor Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were MayorAmes, Mayor Pro Tern Feldschau, Councilmembers Neild, Getz, Pate and Samuel. Absent: Councilmember Mouton. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions None Public Comment: Persons may speak on scheduled agenda items 1,3 and 4/Consent Agenda None CONSENT AGENDA Approval of minutes — December 22, 2020 Confirmation of board and commission member appointments - None A) Approve the purchase of network equipment from CDW-G for use in multiple departments — Resolution 21-001 Minutes — January 12, 2021 B) Authorize the acceptance of a 50' wide Pipeline Easement and a 30' Temporary Easement from ExxonMobil Oil Corporation that will cross City of Beaumont infrastructure at various locations — Resolution 21-002 C) Authorize the acceptance of two Pipeline License Agreements with ExxonMobil Oil Corporation that will cross Jim Gilligan Way and Sulphur Drive — Resolution 21-003 D) Authorize the acceptance of a Utility Crossing Agreement with ExxonMobil Oil Corporation and Mobil Pipe -Line Company that will cross City infrastructure outside the city limits of Beaumont— Resolution 21-004 E) Authorize the City Manager to execute an agreement with Jefferson County related to equipment used for the local Public, Educational, and Government (PEG) Channel — Resolution 21-005 Councilmember Getz moved to approve the Consent Agenda. Councilmember Neild seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider an ordinance granting a solid waste franchise agreement to WM-D's Equipment Rentals, LLC. According to City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having_ obtained a franchise from the.City. Ten entities currently have nonexclusive franchise agreements with the City. WM-D's Equipment Rentals, LLC has requested that the City Council grant the company a franchise agreement. WM-D's Equipment Rentals is a small locally owned business renting roll off boxes with its- Beaumont office located at 8605 Broussard Road. The franchise agreement would provide for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the.City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter, franchise ordinances require readings at three separate Council meetings, with the third not less than thirty (30) days from the first reading. The ordinance does not take effect until sixty (60) days after its adoption on the third and final reading. After passage, the ordinance must be published for four consecutive weeks in a newspaper of general circulation in the City. All publication costs are paid by the applicant. Attached is a copy of the proposed agreement. This is the final reading. Minutes — January 12, 2021 Funds will come from a franchise fee of seven percent (7%) of gross receipts will be paid to the City. Approval of the ordinance. Mayor Pro Tern Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO WM-D'S EQUIPMENT RENTALS, LLC. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 20-068 2. Consider a request for a Specific Use Permit to allow a Banquet Hall in an RCR (Residential Conservation Revitalization) District located at 590 Royal Street. Calvin Lovely is requesting permission for a Banquet Hall at 590 Royal Street. He states that most of the former Banquet Halls in this neighborhood have closed leaving a void. Mr. Lovely states he intends to install an eight (8) foot tall wooden fence along the north and east property lines. As he intends to expand the parking lot, there will not be sufficient room along the east property line for the required ten (10) foot wide landscaped buffer. Mr. Lovely is requesting a waiver to this buffer to allow more off street parking with crushed limestone. On -street parking may present a hazard to the fire station. Reasonable efforts should be made to prevent guests from blocking the roads. At a Joint Public Hearing held on December 21, 2020, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit with a waiver to the landscape buffer requirements along the east property line to allow a Banquet Hall in an RCR (Residential Conservation Revitalization) District with the following condition: A revised site plan be submitted demonstrating required perimeter landscaping and parking that meets current regulations. Approval of the ordinance with the following condition: A revised site plan be submitted demonstrating required perimeter landscaping and parking that meets current regulations. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BANQUET HALL IN AN RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 590 ROYAL STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE AND SAMUEL Minutes — January 12, 2021 3 NAYS: NONE MOTION PASSED Ordinance 21-001 Consider amending Section 20.03.003 of the Code of Ordinances that would change the speed limits on Major Drive (FM 364). This item tables for one to two weeks. The Texas Department of Transportation (TxDOT) performed a traffic survey on Major Drive (FM 364) from Tram Road to Folsom Road on July 29, 2020. The study indicated an excessive number of crashes compared to similar roadways in Texas. It is anticipated that lowering the speed limit will reduce the number and severity of crashes. Administration and TxDOT propose the speed zone boundaries and speed limit for these sections of Major Drive (FM 364) be amended under the schedule Chapter 20 Section 20.03.003 to read as follows: Street Major Drive (FM 364) Limits of Zone Direction of Travel (a) From the centerline of Tram Road North and to a point 470 feet north of the South centerline of Manion Drive. Speed In Miles Per Hour Max. Min. 50 (b) From a point 470 feet north of the North and 45 centerline of Manion Drive to a point 74 South - feet south of the centerline of White Road. 1 (c) From a point 74 feet south of the North and 35 .centerline of White Road to a point 265 South feet north of the centerline rof Brighton Street (d) From a point 265 feet north of the North and 45 centerline of Brighton Street to a point South 300 feet south of the centerline of Washington 55 (e) Boulevard.From a point 300 feet south of the centerline of Washington North and Boulevard to a point 58 feet north of South the centerline of I1-1-10 west entrance 45 and exit ramps. (f) From a point 58 feet north of the centerline of IH-10 west entrance and North and exit ramps to the centerline of S.H. 124 South (Fannett Road). Minutes — January 12, 2021 Approval to amend Section 20.03.003 of the Code of Ordinances. Councilmember Getz asked that this item be tabled for one to two weeks so that a Worksession can be done with TxDOT, there are questions that Council may have that need to be answered. All Councilmembers were in agreement to table this item. 3. Consider an ordinance denying the change in rates requested in Entergy Texas, Inc.'s Statement of Intent filed with the City on December 14, 2020. On December 9, 2020 Entergy Texas, Inc. filed an application with the Public Utility Commission of Texas requesting to amend its Certificate of Convenience and Necessity (CCN) permitting it to deploy natural gas -fire distributed generation and Statement of Intent for approval of rates schedule utility owned distributed generation .(UODG). The City of Beaumont received notice of this request on December 14, 2020. The application provides for ETI to own and operate natural gas -fire distributed generation located on the premises of eligible commercial and industrial customers throughout the ETI service area. The total estimated annual non -fuel revenue requirement associated with the operation is approximately $16 million. Rate Schedule UODG is a voluntary rate schedule that will be charged only to the eligible commercial and industrial customers who elect to subscribe for backup electric service supplied by the distributed generation. Entergy Texas has requested action on this Statement of Intent so that if denied the matter can be joined with the proceeding before the Public Utility Commission of Texas. A denial of the request will allow the application to proceed before the Public Utility Commission of Texas for a full review. Reasonable expenses associated with rate cases are reimbursable by the company as proved for in the Public Utility Regulatory Act. Approval of ordinance. Councilmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF BEAUMONT TEXAS, (OR "CITY") DECLINING TO APPROVE THE CHANGE IN RATES REQUESTED IN ENTERGY TEXAS, INC'S ("ETI" OR "COMPANY") STATEMENT OF INTENT FILED WITH THE CITY ON DECEMBER 14, 2020, AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS CONSIDERED WAS OPEN TO THE PUBLIC AND IN ACCORDANCE WITH TEXAS LAW. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 21-002 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Minutes — January 12, 2021 COMMENTS Public Comments (Persons are limited to three minutes) Gene Duplantier 3950 W. Lynwood Dr. Beaumont TX Spoke to Council regarding sewer problems in the North End of Beaumont, stated that the infrastructure has collapsed, nothing has been done, a fewweeks ago his sewerwas blocked for eight days, the problem is that the street water is going into the lines, this has been going for about fifteen years and appreciates if something can be done Cynthia Toni 4240 Inez St. Beaumont TX Spoke to Council regarding dilapidated structures on her street as well as the neighborhood, stated that something needs to be done, not sure who she needed to report the issue to Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER PATE - GAVE CONDOLENCES TO THE MAYOR ON THE LOSS OF HER MOTHER, AND TO THE FAMILY OF RANDY PERRIO, SPOKE REGARDING THE PASSING OF HIS SISTER PAT, COMMENTED ON HIS TRIP TO WASHINGTON D.C., TO RECEIVE THE PRESIDENTIAL MEDAL. OF FREEDOM ON BEHALF OF BABE ZAHARIAS AS HE'S THE PRESIDENT OF THE BABE ZAHARIAS FOUNDATION MAYOR PRO TEM FELDSCHAU - GAVE CONDOLENCES TO THE MAYOR ON THE LOSS OF HER MOTHER AND, COUNCILMEMBER. PATE ON THE LOSS OF HIS., SISTER, STATED THAT IT'S SAFE TO SAY THAT THE MOOD IN THE ROOM AND ON .TODAY FEELS A LITTLE HEAVY, EVERYONE UNDERSTANDS WHY BECAUSE OF COVID-19 AND THE EVENTS THAT OCCURRED ON LAST WEDNESDAY, JANUARY 6, 2021, STATED ,THAT WE WILL GET THROUGH THIS, ASKED THAT EVERYONE BE IN PRAYER FOR OUR NATION, ASKED THAT EVERYONE PAUSE FOR JUST A MOMENT AND REMEMBER JANUARY 6, 2021 AS WE ALL WATCHED IN DISBELIEF, OUR HEARTS WERE BROKEN AS WE SAW. OUR CAPITAL DESECRATED.AND FIVE LIVES WERE TAKEN, IT'S TIME FOR THE POLITICS. OF . HATE AND VIOLENCE TO STOP, IT'S TIME FOR EVERYONE TO REMEMBER THAT WORDS ARE POWERFUL, WORDS CAN INCITE PEOPLE OR INSPIRE PEOPLE, EVERYONE SHOULD WEIGH AND MEASURE THEIR WORDS CAREFULLY, WE ARE LIVING IN CHALLENGING TIMES, EVERYONE NEEDS TO STAND TOGETHER AND NOT PULL APART COUNCILMEMBER NEILD - NONE Minutes — January 12, 2021 COUNCILMEMBER GETZ - GAVE CONDOLENCES TO THE MAYOR ON THE LOSS OF HER MOTHER, CONGRATULATED COUNCILMEMBER PATE ON RECEIVING THE PRESIDENTIAL MEDAL OF FREEDOM ON BEHALF OF BABE ZAHARIAS COUNCILMEMBER MOUTON - ABSENT CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - STATED THAT MARDI GRAS HAS BEEN CANCELLED AS SHE STATED EARLIER AND THERE WILL BE A PRESS RELEASE REGARDING THAT, ALSO SPOKE ON COVID AND THAT THE NUMBERS ARE RISING, ENCOURAGED EVERYONE TO PRACTICE THE CDC GUIDELINES,. HOPEFULLY THE VACCINES GET OUT QUICKERTHAN THEYARE, THANKED EVERYONE FORTHE KIND WORDS AND CONDOLENCES REGARDING THE LOSS OF HER MOTHER Open session of meeting recessed at 2:16 p.m. EXECUTIVE SESSION Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.0.72 of the Government Code; to wit: The parking lot located at 600-612 Pearl Street adjacent to the Jefferson Theatre * Consider :matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Kendrick Williams vs. City of Beaumont, et al; Cause No. A-204,508 Tina Broussard, City Clerk Minutes — January 12, 2021