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HomeMy WebLinkAbout02/02/2021 MINBEAUMONT- T 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 February 2, 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 February 2, 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 * Presentation and Recognition Public Comment: Persons may speak on scheduled agenda items 3-5/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 6:00 p.m. Father Steven Leger with St. Jude Thaddeus Catholic Church gave the invocation. MayorAmes led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern 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 "Salute to Workforce Month"- February 2021 - Proclamation read by Mayor Ames; accepted by Bill Allen, President and CEO of the Greater Beaumont Chamber of Commerce and Kristie Young, Advancing Education and Workforce Readiness Committee Member Public Comment: Persons may speak on scheduled agenda items 3-5/Consent Agenda None CONSENT AGENDA * Approval of minutes — January 26, 2021 * Confirmation of board and commission member appointments — None Minutes — February 2, 2021 A) Authorize the City Manager to execute Change Order No. 1 to:the contract with .Chief Solutions, Inc. for the Sewer Evaluation Work Order Contract - Phase II — Resolution 21-: 018 Councilmember Neild moved to approve the Consent Agenda. Councilmember Samuel 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 an Ordinance approving a Specific Use Permit to allow a commercial construction and renovation business in the CBD (Central Business District_) District located at 747 College Street. Gerald Condon is requesting permission for a commercial construction and renovation business at 747 College Street. This property is the previous location of Fire Station#1. Mr. Condon has plans to renovate the existing building and use the property as the new headquarters, offices and distribution center for his commercial construction and renovation company, Gerald Condon Properties, Ltd. No changes are proposed for the layout of the. property and all utilities are existing and in place. There is no exterior storage planned. At a Joint Public Hearing held on January 25,2021,.the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow a commercial construction and renovation business in the CBD (Central Business District) District. Approval of the ordinance. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A COMMERCIAL CONSTRUCTION AND RENOVATION BUSINESS IN THE CENTRAL BUSINESS DISTRICT.(CBD) FOR PROPERTY LOCATED AT 747. COLLEGE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 21-005 2. Consider an Ordinance approving a request to abandon the utility easement located at 301 N. Martin Luther King Parkway. Minutes — February 2, 2021 Fittz and Shipman, Inc., on behalf of Munro's Cleaners, is requesting abandonment of the utility easement located within Block 12, Calder Addition. In 1985, the alley was abandoned with the retention of this -easement. There is an existing sewer line in the alley that serves Munro's. If the easement is abandoned, the sewer line will become private. Munro's owns buildings on either side of this easement and would like to combine the two (2) structures. At a Joint Public Hearing held on January 25, 2021, the. Planning Commission recommended 5:0 to approve the request to abandon the utility easement located at 301 N. Martin Luther King Parkway. Approval of the ordinance. Councilmember Mouton moved to ADOPTAN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING A 250' X 20' WIDE UTILITY EASEMENT INCLUDING AN EXISTING SEWER LINE IN LOTS 2 THROUGH 11 IN BLOCK 12 OF THE CALDER.ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 21-006 3. Consider a resolution acknowledging that Beaumont offers exclusive support for a proposed Housing Tax Credit (HTC) project known as Edson Lofts, located at the northeast corner of Pearl and Liberty Streets (285 Liberty and 341 Pearl) as well as a Commitment of Development Funding by the City in the form of a fee waiver and the proposed development is located in Downtown Beaumont and contributes more than any other HTC project to the City's revitalization efforts. Provident Realty Advisors, Inc. is applying to the Texas Department of .Housing and Community Affairs (TDHCA) for funding to develop Edson Lofts, a proposed one hundred - ten (110) unit housing development, located at the northeast corner of Pearl and Liberty Streets (285 Liberty and 341 Pearl). Offering exclusive support of this project will greatly increase the chances that this project is awarded tax credits by TDHCA and is developed. In addition, offering development funding in the form of a fee waiver of at least $500 would result in additional points during the HTC scoring process. In addition, the proposed development is located in the redeveloping downtown. This area of Downtown Beaumont has been designated as a Neighborhood Empowerment Zone, designated as an Opportunity Zone and has been designated for redevelopment in several City plans over the years. Approval of the resolution. Minutes — February 2, 2021 Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY OF BEAUMONT HEREBY SUPPORTS SOLELY AND EXCLUSIVELY THE PROPOSED EDSON LOFTS, AND CONFIRMS THAT THE CITY COUNCIL VOTED SPECIFICALLY TO APPROVE THE CONSTRUCTION OF THE DEVELOPMENT AND WILL COMMIT TO PROVIDE DEVELOPMENT FUNDING IN THE FORM OF A WAIVER OF AT LEAST FIVE HUNDRED ($500) DOLLARS AND THAT THE CITY MANAGER IS HEREBY AUTHORIZED, EMPOWERED, AND DIRECTED TO CERTIFY THIS RESOLUTION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS. Councilmember Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 21-019 4. Consider a resolution approving video surveillance at the parking lots of the Gulf Terrace Hike and Bike Trail and the Folsom Hike and Bike Trail. — Item Tabled The City has a parking lot at both the Gulf Terrace Hike and Bike Trail and the Folsom Hike and Bike Trail. Each of the parking lots has experienced multiple burglaries of parked cars. During 2020 there were 16 at Folsom and 13 at Gulf Terrace. The last burglary at either location was December 16, 2020. Installing permanent video surveillance at each of the lots will. require Entergy to provide power to the site and then City personnel would install a pole and the contractor would install the video equipment on that pole. After evaluating the sites, City staff would use an Axis P3717-PLE multi -directional camera at each location. This camera incorporates 4 lenses within the housing that allows for a 360 degree range. By this approach, we can cover a lot of area while keeping camera costs lower. For storage and communications, an Eagle Eye bridge with a Cradlepoint Cellular Router would be installed. Estimated installation costs per location are: Folsom: • Video Hardware: $3,899 • Networking Equipment: $1,060 • Entergy power to the site: $3,000-4,000 • Pole to hang equipment: $500 • Total: $8,459-9,459 Gulf Terrace: • Video Hardware: $3,899 • Networking Equipment: $1,060 • Entergy power to the site: $7,000-8,500 • Pole to hang equipment: $500 • Total: $12,459-$13,959 Minutes — February 2, 2021 There will be $1,055 in yearly costs per location for cellular and Licensing fees. Capital Reserve Fund if approved. Funds are not budgeted for this project. This item was placed on the agenda for consideration by Councilmember Getz and Mayor Pro Tern Feldschau. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AUTHORIZED TO INSTALL PERMANENT VIDEO SURVEILLANCE EQUIPMENT AT THE GULF TERRACE AND FOLSOM HIKE AND BIKE TRAILS PARKING LOTS. Mayor Pro Tern Feldschau seconded the motion. There was discussion on this item, Councilmember Getz and Mayor Pro Tern Feldschau both rescinded their motion and second. Councilmember Neild made a motion to table this item for one week so that there could be a workshop on the policy for all cameras at all parks and city facilities. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Item Tabled 5. Consider a resolution authorizing the City Manager to go out for bids for the construction of a dog park at Rogers Park. Councilmembers Getz and Neild have requested a vote by the City Council to construct a dog park at Rogers Park. If approved, the Facilities Maintenance Department will move forward to develop specifications for the project and go out for bids for construction. The dog park would have similar amenities as the one located at Ida Reed Park. This project is not funded. If approved, funds would be paid for out of the Capital Reserve Fund. Because the specific amenities have not been finalized, the cost estimate is between $75,000 to $100,000. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO SOLICIT BIDS FOR THE CONSTRUCTION OF A DOG PARK AT ROGERS PARK. Councilmember Neild seconded the motion. There was discussion on this item, Councilmembers Getz and Neild both rescinded their motion and second. Councilmember Neild made a motion to table this item for one week and to have a workshop pertaining to the 2021 Capital Plan and a workshop specifically on dog parks. Councilmember Pate seconded the motion. Minutes — February 2, 2021 AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Item Tabled DISCUSSION ITEMS Review and discuss proposed City Charter amendments Tyrone Cooper, City Attorney reviewed and discussed proposed City Charter amendments. See amendments discussed below: Proposition #1 Shall Article I, Sec. 3 of the Charter of the City of Beaumont be amended to remove the metes and bounds description and provide that the boundary and limits of the City. of Beaumont are established and may be adjusted from time to time by properly adopted ordinances of the City Council of Beaumont Proposition #2 Shall Article I, Sec. 4 of the Charter of the City of Beaumont be amended to amend the caption and repeal Subsections (a) and (b) to remove the methods of annexation by ordinance or petition and defer to the manner and form of annexation as authorized by the general laws of the State of Texas Proposition #3 Shall Article III, Sec.-3 of the Charter of the City of Beaumont be amended to remove the prohibition on a person's eligibility to serve the City who is in arrears in the payment of any liability to the City Proposition #4 Shall Article III, Sec. 12 of the Charter of the City of Beaumont be amended to remove the reference to a summary auditor's reportand providing for the full report to be posted on the City's website rather than in a local newspaper Proposition #5 Shall Article IV, Sec. 2 of the Charter of the City of Beaumont be amended to remove the qualification that election officials reside in the same election precinct in which they are to serve; and remove the requirement that returns are to be canvassed within five (5) days after the election and provide that returns be canvassed within the time period prescribed by the Texas Election Code Proposition #6 Shall Article IV, Sec. 4 of the Charter of the City of Beaumont be amended to bring the Charter into compliance with the Texas Election Code ,as it relates to when all officials duly elected shall take office Minutes — February 2, 2021 Proposition #7 Shall Article VI,. Sec 2 of the Charter of the City of Beaumont be amended to add language to provide for available reserves to be considered as a component of total proposed expenditures in the budget Proposition #8 Shall Article VI, Sec. 6 of the Charter of the City of Beaumont be amended to allow the Council to insert new items or increase or decrease, items in the budget without the requirement of an additional public hearing on the budget Proposition #9 Shall Article VI, Sec.7 of the Charter of the City of Beaumont be repealed to remove the requirement that an additional public hearing be held for the Council to insert additional items or make increases to amounts in the. budget Proposition #10 Shall Article VI, Sec. 9 of the Charter of the City of Beaumont be amended to remove the requirement that the budget be finally adopted not later than the twenty-seventh (27th) day of the last month of the fiscal year and provide that the final adoption of the budget shall be in accordance with the Texas Local Government Code Proposition #11 Shall Article VI, Sec. 10 of the Charter of the City of Beaumont be amended to remove the requirement that the adopted budget be filed with the County Clerk of Jefferson County, and the State Comptroller of PublicAccounts in Austin and provide for the budget to instead be posted on the City's website Proposition #12 Shall Article VI, Sec. 20 of the Charter of the City of Beaumont be amended to remove the requirement that the Capital Program be adopted on or before the 27tn day of the last month of the current fiscal year and provide that the adoption of the Capital Program shall be in accordance with the Texas Local Government Code Proposition #13 Shall Article XV, Sec. 3 of the Charter of the City of Beaumont be amended to remove the requirement that ordinances granting franchises be read at three (3) separate regular meetings of the City Council and publication for four (4) weeks in a newspaper of general circulation, and provide that the franchise shall take effect thirty (30) days after passage by the City Council and publication on the City's website Proposition #14 Shall Article XV, Sec. 4 of the Charter of the City of Beaumont be amended by the repeal of section 4 relating to the effective date and publication exceptions applicable to the granting of side-track, spur track or switching privileges granted by franchise Proposition #15 Shall Article XVII, Sec. 11 of the Charter of the City of Beaumont be repealed to remove the prohibition on a person's qualification to hold municipal office or employment who is in arrears in the payment of taxes or other liabilities due the City Minutes - February2, 2021 Councilmember Neild made a motion to add an additional Charter amendment for Council's consideration Article III, Section 2 in the Charter regarding Number and Term, stated he would like to add three, three-year terms versus two-year terms and not to exceed three of the three-year terms. There was no second by another Councilmember. Review and discuss the City's sign ordinance Councilmember Getz reviewed and discussed the City's sign ordinance, he stated that right now the City of Beaumont has an ordinance that speaks about election signs and when they can be put up, in the ordinance it states that election. signs temporary in nature, sixty (60) days minimum, less than eight (8) square feet in area and five (5) feet in height and not illuminated when placed within a residentially zoned area. Councilmember Getz stated that this is an exception to the general sign requirement, and it would allow for election signs temporary in nature sixty (60) days maximum to be displayed, election signs must be removed within ten (10) days after the election. He stated that the ordinance is problematic for a number of reasons, it doesn't specify when you start the sixty (60) days, theoretically a person can have a campaign sign up for fifteen (15) days in January, fifteen (15) days in February, fifteen (15) days in March and fifteen (15) days in April and that would be sixty (60) days, stated that was a problem. Stated that it can't be enforced because one doesn't know which period of sixty (60) days that a sign has been out.. Councilmember Getz read the Texas Election Code, Section 259.003 that speaks to regulation of political signs by a municipality, stated that section reads that a "municipal charter provision or ordinance that regulates signs may not for a sign that contains primarily political message and that is located on private real property with the consent of the property owner prohibits the sign from being placed, stated that this means that a campaign sign by state law cannot be prohibited from being placed. Stated that there's a bigger problem and that is a 2015 United States court case called Reed vs. Gilbert, that says that the City cannot regulate campaign signs due to the content and you can't look at a campaign sign without making a determination that it's a campaign sign without, looking at it's content, stated that's a problem. There is also a problem with Homeowners Associations attempting to regulate citizens that want to put campaign signs out, that issue is addressed in the election code as well. The election code states that a Homeowners Association cannot prohibit the placement of a campaign sign commencing ninety (90) days before the election and they have to be taken up ten (10) days after the election. Councilmember Getz stated that he doesn't think there should be ordinances on the books that run contrary to what the decision of the United States, thinks the ordinance should be taken out of the general book of ordinances. There were comments made by City Attorney, Tyrone Cooper who stated that the city is aware of the case Reed vs. the City of Gilbert where the Supreme Court did find that particular ordinance to be unconstitutional because it was content based. Mr. Cooper stated that there are similar problems with the city's ordinances as do most cities in this country which isn't something new. Mr. Cooper stated that staff is presently working on a sign ordinance to bring to Planning and Zoning and then it will come to Council addressing the sign ordinance. Minutes — February 2, 2021 Review and discuss the speed limit on residential streets Councilmember Getz reviewed and discussed the speed limit on residential. streets, Councilmember Getz stated that throughout the city and. neighborhood streets thirty (30) mile speed limit is considered a reasonable speed limit, there's a large difference in the size of streets as you go throughout the city, some streets in Wards III and IV are very narrow, there.are some streets that are like that in Wards I and II as well, one street in particular has caused a lot of concern to almost all the citizens that live on that street and that is Peyton Dr., it's not a long street it runs from Sallie Curtis Elementary to where it ends on Phelan Blvd., it's a very narrow street lined with houses with a lot of traffic that is traveling very fast, a speed survey was done and there were cars that were going as fast as 70 mph. Councilmember stated that one of the citizens that lives on that street is present and was the first to come to him regarding the speeding on this street, asked if Council would allow Mr. Knowlton to explain what his concern is at this time. Council was in agreement to allow Mr. Knowlton to speak: Joshua Knowlton 785 Peyton Dr. Beaumont TX Spoke to Council about the area of Peyton Dr., and its location, stated that traffic is being traveled on Peyton Dr., to avoid a light on Dowlen and Phelan and cut time off of their travel, the way to do that is to travel down Peyton, drivers speed all day and night on their street, the concern is that they can't let their kids go out and play due to the speeding and the volume of traffic, stated that there's not enough of an initiative to stop citizens from speeding, asked that the speed limit be lowered to give law enforcement more bite when they write a ticket, asked that council consider the safety of the residents and their children Councilmember Getz stated that from December 1, 2020 through January 11, 2021, the Beaumont PD spent a total of 31 Y2 hours on Peyton, during that time Beaumont PD made contact with 86 motorist, issued 34 citations and 59 warnings, stated that Council recently lowered the speed limit on Major Dr., because they recognized that lowering the speed limit can promote a safer roadway, asked what the authority of the City Council to lower the speed limit, stated that he's asking that the speed limit be lowered from 30 to 25 mph, there was. a petition signed by 48 of the 52 citizens that live on Peyton for the speed limit to be lowered, Councilmember Getz also read a state law regarding lowering speed limits Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. COMMENTS Public Comments (Persons are limited to three minutes) Minutes — February 2, 2021 James Eller 2332 Evalon Beaumont TX Spoke to Council regarding the dog park and the fence as well as the cost, also commented on the cameras at the hike and bike trail and what can be done to lower the cost, also commented on speed on Peyton, stated that there are other streets that need to have the speed limits lowered as well Addie Allen 9695 Gross Beaumont TX Thanked the Code Enforcement Department for sending her a letter addressing her concern, stated that if the city has an ordinance and it's not enforced why is it on the books, read section 10-63 of the city ordinance, stated that dates are still not being provided to her, on the letter the location has been changed, on the previous letter the address was shown at 1010 Schwarner, the letter she just received shows 1060 Schwarner, wanted to know which property is it, once again, if the city cuts the grass why can't they get their documentation straight, ask that the city provide the dates if they're going to charge someone, stated she . has dates of her cuts, also stated that she's has been at the meeting too many times with this situation, asked that staff get with her as the City Manager instructed Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER MOUTON - NONE COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER PATE - NONE MAYOR PRO TEM FELDSCHAU - NONE COUNCILMEMBER NEILD - THANKED THE CITY MANAGER, CITY ATTORNEY AND STAFF FOR WORKING ON THE CHARTER AMENDMENTS, ASKED THAT STAFF COME UP WITH A SYSTEMATIC WAY TO START WORKING THROUGH THE ORDINANCE, KNOWS THAT THERE ARE A LOT OF ORDINANCES BUT WOULD LIKE COUNCIL TO START GOING THROUGH THEM COUNCILMEMBER GETZ - COMMENTED ON THE STATEMENTS THAT WERE MADE DURING THE MEETING REGARDING ITEMS THAT HE HAD PLACED ON THE AGENDA, THINKS THAT PUTTING CAMERAS AT THE HIKE AND BIKE TRAIL IS A GOOD THING AS WELL AS A DOG PARK CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - THINKS IN FAIRNESS TO OTHER COUNCILMEMBERS THINGS NEED TO BE DONE IN A WORKSHOP TO BE FAIR TO OTHER Minutes — February 2, 2021 COUNCILMEMBERS, IT TAKES FOUR VOTES TO GET SOMETHING PASSED Open session of meeting recessed at 8:40 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Lauren Lewis Becky- . - .r y moll Minutes — February 2, 2021