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Home My WebLink About03/23/2021 MINBEAUMONT 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 MARCH 23, 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 March 23, 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 3-5/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor David Hudson with Scott Olive Missionary Baptist 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 "Education and Sharing Day-, Beaumont" — March 24, 2021 — Proclamation read by Councilmember Getz; accepted by Rabbi Saadya Kaufmann, Director of Chabad of Texas Town Public Comment: Persons may speak on scheduled agenda items 3-5/Consent Agenda None CONSENT AGENDA Approval of minutes — March 16, 2021 Confirmation of board and commission member appointments — None Minutes — March 23, 2021 A) Approve a resolution to reject a bid for an annual Dress -Up Contract for use in the Water Utilities Department - Resolution 21-069 B) Approve contracts for debris monitoring during an emergency event - Resolution 21-070 C) Approve a contract to supply ASPPM Asphaltic Concrete Patching Material for use by the Streets and Drainage Division - Resolution 21-071 D) Approve a contract with Galls, LLC of Lexington, KY for the purchase of uniforms for the Police Department - Resolution 21-072 E) Authorize the City Manager to execute Change Order No. 11 to the contract with Allco, LLC for the Washington Boulevard Pavement Widening Phase II Project (Corporate Drive to Amarillo Street) - Resolution 21-073 Councilmember Neild moved to approve the Consent Agenda excluding Item F. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED F) Authorize the settlement of the lawsuit styled Susan K. Toney vs. The City of Beaumont; Cause No. A-204,644 - Resolution 21-074 Councilmember Neild moved to approve Item F on the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, PATE, SAMUEL AND MOUTON NAYS: COUNCILMEMBER GETZ MOTION PASSED GENERAL BUSINESS Consider a request for a Specific Use Permit to allow a tool rental and equipment rental store in a GC -MD (General Commercial — Multiple -Family Dwelling) District located at 3910 Eastex Freeway. Janay Mommer of Lars Anderson & Associates, Inc., is requesting permission to allow a tool rental and equipment rental store at 3910 Eastex Freeway, also known as Home Depot. Some of the equipment being offered is not currently available at the store. Items such as back hoes are more commonly used by contractors, therefore a Specific Use Permit is required. Ten (10) parking spaces will be utilized for equipment storage and display, leaving more than adequate parking. Minutes — March 23, 2021 At a Joint Public Hearing held on March 15, 2021, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a tool rental and equipment rental store in a GC -MD (General Commercial —Multiple -Family Dwelling) District with the following condition: 1. The cleaning and filtering process of the cleaning of the rental equipment be subject to approval of the Water Quality division of the City. Approval of the ordinance with the following condition: The cleaning and filtering process of the cleaning of the rental equipment be subject to approval of the Water Quality division of the City. Mayor Pro Tern Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A TOOL RENTAL AND EQUIPMENT RENTAL STORE IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3910 EASTEX FREEWAY, WITH THE CONDITION, 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 21-010 2. Consider a request for a Specific Use Permit to allow a Crematorium in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 3475 S. 11th Street. Proctor's Mortuary is requesting permission to allow a crematorium at 3475 S. 11th Street. The property will function solely as a crematorium. Remains will be sent to this facility and returned. There will be no customers coming and going from this property, only staff. No changes are planned for the building or areas. At a Joint Public Hearing held on March 15, 2021, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a Crematorium in a GC -MD (General Commercial — Multiple -Family Dwelling) District with the following conditions: 1. Install an eight (8) foot wood or masonry fence along the east property line, a gate should be installed at the alley for future City access. 2. No new encroachment on the alleyway unless an abandonment has been granted. 3. Constructions plans must meet all requirements by Water Utilities for water and sanitary sewer improvements, including any requirements of the City's backflow, pre- treatment and/or F.O.G. program. Approval of the ordinance with the following conditions: Minutes — March 23, 2021 Install an eight (8) foot wood or masonry fence along the east property line, a gate should be installed at the alley for future City access. 2. No new encroachment on the alleyway unless an abandonment has been granted. 3. Constructions plans must meet all requirements by Water Utilities for water and sanitary sewer improvements, including any requirements of the City's backflow, pre- treatment and/or F.O.G. program. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CREMATORIUM IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3475 S. 11T" STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 21-011 3. Consider an ordinance authorizing the suspension of the effective date of Texas Gas Service's proposed rate increase until May 27, 2021. On February 11, 2021, Texas Gas Service filed with the City of Beaumont an annual Gas Reliability Infrastructure Program (GRIP) interim rate adjustment notice to increase gas rates in the Central -Gulf Service Area of the company. The City of Beaumont maintains exclusive original jurisdiction over the rates, operations and services of Texas Gas Service as a gas utility operating in the City of Beaumont. The requested increase would ordinarily go into effect sixty (60) days after giving notice of the intent to increase rates on April 12, 2021. This ordinance is a request to suspend the effective date of Texas Gas Service's proposed rate increase for a period of forty-five (45) days until May 27, 2021, in order to review the company's filings for compliance with the Gas Utility Regulatory Act. The review of the company's GRIP filing is limited to a ministerial review of the filings for compliance with the Act. All reasonable expenses associated with rate cases are reimbursable by the company. Approval of resolution. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY BEAUMONT, TEXAS, SUSPENDING THE RATES PROPOSED BY TEXAS GAS SERVICE COMPANY'S ("TGS" OR "COMPANY") GAS RELIABILITY INFRASTRUCTURE PROGRAM ("GRIP") FILING MADE WITH THE CITY ON FEBRUARY 11, 2021; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, AND DECLARING AN EFFECTIVE DATE. Mayor Pro Tern Feldschau seconded the motion. Minutes — March 23, 2021 AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 21-012 4. Consider an ordinance authorizing the suspension of the effective date of CenterPoint Energy's proposed rate increase until June 17, 2021. On March 4, 2021, CenterPoint Energy ("CenterPoint") filed with the City of Beaumont an annual Gas Reliability Infrastructure Program (GRIP) interim rate adjustment notice to increase gas rates in the Beaumont/East Texas Division Service Area. The City of Beaumont maintains exclusive original jurisdiction over the rates, operations and services of CenterPoint as a gas utility operating in the City of Beaumont. The requested increase would ordinarily go into effect sixty (60) days after giving notice of the intent to increase rates on May 3, 2021. This ordinance is a request to suspend the effective date of CenterPoint's proposed rate increase for a period of forty-five (45) days until June 17, 2021, in order to review the company's filings for compliance with the Gas Utility Regulatory Act. The review of the company's GRIP filing is limited to a ministerial review of the filings for compliance with the Act. All reasonable expenses associated with rate cases are reimbursable by the company. Approval of resolution. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, SUSPENDING THE RATES PROPOSED BY CENTERPOINT ENERGY RESOURCES CORP., D/B/A CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS (CENTERPOINT" OR "COMPANY") COMPANY'S GAS RELIABILITY INFRASTRUCTURE PROGRAM ("GRIP") FILING MADE WITH THE CITY ON MARCH 4, 2021; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDING AND PROVISIONS RELATED TO THE SUBJECT, AND DECLARING AN EFFECTIVE DATE. Councilmember Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 21-013 5. Consider a resolution authorizing the City Manager to execute Change Order No. 1 to the contract with Gulf Coast, a CRH Company for the Helbig Road Asphalt Resurfacing Project. Minutes — March 23, 2021 On December 15, 2020, by Resolution No. 20-277, City Council awarded a contract to Gulf Coast, a CRH Company, of Beaumont, in the amount of $1,250,757.33 for the Helbig Road Asphalt Resurfacing Project. Proposed Change Order No. 1, in the amount of $82,870.96, is required to account for additional base repairs discovered once the existing asphalt surface was removed. No additional time will be added to the contract for the additional work. If approved, Change Order No. 1 will result in a new contract amount of $1,333,628.29. Capital Program - Street Rehabilitation Program. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT CHANGE ORDER NO. 1, IN THE AMOUNT OF $82,870.96, IS REQUIRED TO ACCOUNT FOR ADDITIONAL BASE REPAIRS DISCOVERED ONCE THE EXISTING ASPHALT SURFACE WAS REMOVED, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $1,333,628.29 AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1, IN THE AMOUNT OF $82,870.96 FOR ADDITIONAL WORK, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $1,333,628.26 FOR HELBIG ROAD ASPHALT RESURFACING PROJECT. Councilmember Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 21-075 PUBLIC HEARING Receive comments to hear applicant requests for funding from the 2021 Community Development Block Grant Program Public Hearing Open: 2:01 p.m. Robin Pearson 855 S. 8th St. Beaumont TX Spoke on behalf of the Shorkey Center Paula O'Neal 11 Winchester Cove Beaumont TX Spoke on behalf of Some Other Place Kaylee Henry 3380 Fannin Beaumont TX Spoke on behalf of Girls Haven Kim Phelan 20 N. 11th St. Beaumont TX Spoke on behalf I.E.A Minutes — March 23, 2021 Daniel Jeans 2509 Cable Ave. Beaumont TX Spoke on behalf of the H.O.W. Center Ingrid Holmes 2390 Dowlen Rd. Spoke on behalf Gift of Life Brenda Garison 810 Hospital Dr. Spoke on behalf of Child Abuse and Forensic Services, Inc. Liz Woods Spoke on behalf CASA SETX Jonathan Williams 2449 Calder 4045 Treadway Rd. #2405 Spoke on behalf of the Center for Performing Arts Captain Jason Moore 2350 110 East Spoke on behalf the Salvation Army Public Hearing Close: 2:32 p.m. DISCUSSION ITEM COMMENTS Beaumont TX Beaumont TX Beaumont TX Beaumont TX Beaumont TX Review and discuss the roles, responsibilities and relationships of City Councilmembers with one another, City staff and citizens Mayor and Council discussed this item in length. The Mayor stated that there was review of other cities ethic policies, there may be one or two of those that might be presented on today. Councilmember Samuel spoke regarding the Leander Code of Ethics. Councilmember Samuel discussed what's entailed in the Code of Ethics and said that it might be something that Council could be interested in. Council agreed that they would like to read more about the Leander Code of Ethics and bring this item back at a later date. Councilmember Samuel stated that he would provide the City Manager with the information regarding the Leander Code of Ethics to provide to all Councilmembers. Public Comments (Persons are limited to three minutes) Landry Rountree 1565 S. Major Beaumont TX Spoke to Council regarding relationships, stated that relationships make a difference, gave scriptures from the bible, stated that if anyone wants to be blessed they might want to read the scriptures, if you don't want to read the scriptures and want to be cursed then continue on Minutes — March 23, 2021 Mark Sublette 1923 Broadway St. Beaumont TX Stated that he's a carpenter and just moved to Beaumont from Colorado, wanted to introduce himself to Council, it's his hope that they can work together John Vaughn 3955 N. Major Dr. Beaumont TX Stated to Councilmember Samuel that he has heard him say that an unchallenged untruth can become the truth, stated that's not true, a lie is always a lie and no matter the belief that it's the truth that makes it true, stated that Council doesn't need to hire someone to tell them who's right and who's wrong, they just need to get their hearts right and if they don't get their hearts right then they need to leave, there's a lot of not right hearts on Council, pride is the problem on Council and it's rooted on fear, asked that they get their hearts right Brian Nepveux 6955 Shanahan Beaumont TX Commented on the issue that occurred at the Sterling Pruitt Center and stated that he thought the issue was over as the City Manager stated, asked several questions regarding the issue that occurred at the Sterling Pruitt Center Biguita Hernandez Smith 1080 Shakespeare Dr. Beaumont TX Commented on the discussion regarding Council and ethics, stated that as politicians Council has to make sure that they are invested in doing the right thing, Council spent about forty-five minutes talking about a plan for a solution and pointing the finger, everyone has to get over pointing the finger, yes there is a question of character and ego, Council will have to get past that to get to the plan to form the solution, thinks that Councilmember Samuel's idea is a good idea and that is to start a policy and that the current Council should weigh in on the policy, stated that she thinks that the current Council should initiate the policy and the new Council can weigh in on the policy once they are seated, agrees that Councils hearts need to be in the right place but sometimes people need to be guided Mary Williams 9380 Riggs St. Beaumont TX Commented on there not being a proclamation for the Beaumont United Basketball team, Council could have done something for them they deserve it, asked that Council try and work as a team, stated that she has crime in her neighborhood with a murder that occurred over a year ago and that murder hasn't gone to Court yet, she's tired of the crime and something needs to be done about it, stated that her Councilmember hasn't come to their neighborhood to see what is going on or to help them Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER MOUTON - STATED THAT SHE WILL BE AT THE PEP RALLY FOR BEAUMONT UNITED, LINE UP BEINGS AT 5:30 P.M., THE PEP RALLY WILL START AT 6:30 P.M., A PROCLAMATION WILL BE READ BY HER, ENCOURAGED ALL CITIZENS TO COME OUT AND SUPPORT THE KIDS, IT'S A GREAT HONOR FOR THEM, ASKED THAT EVERYONE Minutes — March 23, 2021 CONTINUE TO PRAY FOR THE CITIES AND THE FAMILIES IN ATLANTA AND COLORADO COUNCILMEMBER PATE - CONGRATULATED BEAUMONT UNITED AND HE WILL TRY AND MAKE IT TO THE PEP RALLY, HE ALREADY HAS A MEETING SCHEDULED, COMPLIMENTED MIKE HARRIS AND HIS CREW FOR THE GREAT JOB THEY DO, GAVE CONDOLENCES TO THE FAMILY OF ROOSEVELT HENRY, ASKED THAT EVERYONE KEEP THE CITIES OF ATLANTA AND COLORADO IN THEIR PRAYERS, STATED THAT THERE ARE SOME REALLY BAD PEOPLE IN THE WORLD MAYOR PRO TEM FELDSCHAU - CONGRATULATED BEAUMONT UNITED, STATED THAT HE WOULD NOT BE ABLE TO ATTEND THE PEP RALLY, HE WILL BE SPEAKING AT THE GRADUATION OF THE DREAM CENTER OF SOUTH EAST TEXAS COUNCILMEMBER NEILD - NONE COUNCILMEMBER GETZ - CONGRATULATED BEAUMONT UNITED, IT'S HIS PLANS TO BE AT THE PEP RALLY, HE HEARD IT STATED RECENTLY THAT UNTRUTHS THAT ARE CONTINUED TO BE REPEATED CAN BE PERCEIVED AS TRUE BY SOME, THERE WERE A LOT OF UNTRUTHS STATED ON TODAY, THE AMELIA NEIGHBORHOOD IS IMPORTANT TO HIM, HE OWNS PROPERTY IN AMELIA, HE GOES TO THE AREA REGULARLY, BEFORE COVID THEY HAD NEIGHBORHOOD ASSOCIATION MEETINGS AND IT'S HIS HOPE THAT THEY CAN START BACK AMID VACCINATIONS THAT ARE OCCURRING AND COVID DIMINISHES, IT IS THE POLICE DEPARTMENTS RESPONSIBILITIES TO SOLVE MURDERS, THE MURDER THAT OCCURRED IN THE AMELIA AREA THE SUSPECT WAS APPREHENDED AND A TRIAL IS AWAITING COUNCILMEMBER SAMUEL - NONE CITY MANAGER HAYES - NONE CITY ATTORNEY COOPER - SPOKE TO FACTS AND TRUTH REGARDING THE COMMENTS THAT WERE MADE BY MR. LANDRY ROUNTREE AND THE ISSUES THAT OCCURRED WITH HIS TOWING COMPANY AND THE CITY OF BEAUMONT MAYOR AMES - SPOKE REGARDING THE COMMENTS THAT WERE MADE BY A CITIZEN EARLIER REGARDING THE PROCLAMATION FOR BEAUMONT UNITED, STATED THAT THEY HAVE DECLARED TODAY AS BEAUMONT UNITED DAY AND THE COUNCIL HAD PLANNED ON HAVING THE PROCLAMATION DURING COUNCIL ON TODAY, THE SCHOOL ASKED THAT THE PROCLAMATION BE READ AT THE PEP RALLY THAT WILL BE HELD AT 6:30 P.M., SHE WILL BE IN ATTENDANCE AT THE PEP RALLY, STATED THAT THERE WAS NOTHING THAT SHE SAID ON TODAY THAT WAS A Minutes — March 23, 2021 LIE, DOESN'T LIKE BEING CALLED UNETHICAL AND THAT SHE HAS A VENDETTA AGAINST SOMEONE WHICH IS ABSOLUTELY NOT TRUE, ALL SHE WANTS IS TO MAKE THE COUNCIL BETTER FOR THE NEXT COUNCIL THAT COMES BEHIND HER, SURPRISED THAT NO ONE HAD A PROBLEM WITH THE EMAIL THAT WAS RECEIVED FROM COUNCILMEMBER GETZ ON LAST WEEK AT THEIR DESK IN CHAMBERS WHERE A BRAND NEW ATTORNEY WAS BCC'D, DOESN'T UNDERSTAND WHY A NEW ATTORNEY WAS ADDED tive Session, Council adjourned at 3:50 p.m. ; I1► . l I it M1, �1 OF Minutes — March 23, 2021