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HomeMy WebLinkAbout05/04/2021 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 Tem Taylor Neild,Ward 1 CITY COUNCIL MEETING Michael Getz,Ward II Audwin Samuel,Ward III MAY 4, 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 May 4, 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 and 2/Consent Agenda = Consent Agenda Mayor Ames called the council meeting to order at 6:00 p.m. Pastor Howard Cameron, with Trinity 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 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 None Public Comment: Persons may speak on scheduled agenda items 1 and 2/Consent Agenda None CONSENT AGENDA * Approval of minutes —April 27, 2021 Confirmation of board and commission member appointments — None A) Approve a two-year contract with Capitol Appraisal Group, LLC, for the identification of all industrial properties within the City's Extra Territorial Jurisdiction (ETJ)- Resolution 21-112 Minutes—May 4,2021 B) Authorize the City Manager or his Designee, to execute a Memorandum of Understanding between the Beaumont Police Department and the U.S. Immigration and Customs Enforcement Department of Homeland Security - Resolution 21-113 C) Authorize the City Manager to accept additional funding from the Texas Historical Grant Commission for the Jefferson Theatre - Resolution 21-114 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 for amendments to the Zoning Ordinance concerning signage, Sections 28.01.004, 28.03.018, 28.03.020, 28.03.021, 28.04.003, 28.04.005, 28.04.006, and 28.04.008(22). As a result of court cases such as Reed v. Town of Gilbert, Arizona and Reagan National Advertising v. City of Austin, Texas, most city sign ordinances and many state statutes regulating signs are now subject to challenges of being unconstitutional. The decisions relate to the heavy burden that cities have to justify regulating speech. The courts have essentially said that if a city or state has to read a sign to enforce their ordinance, it is probably unconstitutional. The issue for Beaumont and most cities' sign ordinances is that being able to read a sign is critical to their enforcement. In an attempt to comply with these decisions, the Planning Staff is recommending amendments to Sections 28.01.004, 28.03.018, 28.03.020, 28.03.021, 28.04.003, 28.04.006 and 28.04.008(22) of the Zoning Ordinance. The proposed amendments offer new language that will allow a reasonable number, size and design of signs for differing uses in differing zoning districts while substantially retaining the established regulatory schemes of citywide sign rules as well as special sign rules specific to the historic and overlay districts. In addition, new definitions of advertising signs and on- premise signs will allow forthe ongoing enforcement of billboards withoutthe need to rely on the content of the sign to do so. At a Joint Work Session of the Planning Commission and City Council conducted on April 7t', a consensus was reached to make the proposed changes. Some of these changes included amending existing ordinance language to allow the City to continue regulating billboards as well as exempting the following temporary signs from permitting: • An unlimited number of temporary signs sixty (60)days prior to and ten (10)days after an election; • Allowing additional temporary signs for properties that are being offered for sale or lease; • Allowing additional temporary signs for properties that are under construction, Minutes—May 4,2021 • Allowing additional temporary signs for garage sales; and, • Allowing additional temporary signs for large "Congratulations"-type yard signs At a Joint Public Hearing held on April 19, 2021,the Planning Commission recommended 3:2 to deny the request for amendments to the Zoning Ordinance concerning signage, Sections 28.01.004, 28,03.018, 28.03.020, 28.03.021, 28,04.003, 28.04.005, 28.04,006, and 28.04.008(22). Approval of the ordinance. Councllmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28, ARTICLE 28.01, SECTION 28.01.004; ARTICLE 28.03, SECTIONS 28.03.018, 28.03.020 AND 28.03.021; ARTICLE 28.04, SECTIONS 28.04.003, 28.04.005, 28.04.006 AND 28.04.008(22) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS AND PROPOSED TO CHANGE THE TERMINOLOGY FOR ELECTION SEASON SUPPLEMENTARY SIGNAGE BY STRIKING THE WORDS ELECTION SEASON AND STRIKING THE NUMBER OF DAYS THAT A SIGN CAN BE OUT ON PRIVATE PROPERTY FOR RESIDENTIAL AND COMMERCIAL,AS WELL AS STRIKING THE NUMBER OF DAYS THAT SUPPLEMENTAL SIGNS CAN BE PRESENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING FOR A PENALTY. Mayor Pro Tem Feldschau seconded the motion. AYES: MAYORAMES,MAYORPROTEM FELDSCHAU,COUNCILMEMBERS NEILD,GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 21-026 2. Consider a resolution authorizing a contract for property insurance coverage for various city owned buildings and assets. Higginbotham, of Port Arthur, is the City's broker of record for securing the City's property insurance. The proposed annual premium for Property, Equipment Breakdown, Terrorism and Agency Fee is based on a total insured value of$240,244,396, The cost of the policy for this year is $1,710,642.77, a $167,600.51 increase from last year's premium of $1,543,042.26. The net rate (per$100 valuation) increased by 14.46%, from$0.57 to$0.65. The increase in rate is attributed to a hardening commercial property market and losses incurred by the City over the past few years. The policy renewal will be in effect from May 1, 2021 to May 1, 2022. Companies providing insurance are layered with exposure limited to the amount of damage incurred. All risk coverage, including Flood and Earth Movement, is provided by AmRisc, LP, Velocity Risk Underwriters (Lloyds), Swiss RE/First Specialty,AXIS Surplus Lines Insurance Company, Lloyds of London (Insurisk, LP), RSUI Indemnity Insurance Company, and Arrowhead Insurance Risk Managers. Boiler and Machinery coverage is provided by Liberty Mutual Fire Insurance Company. Terrorism coverage is provided by Lloyd's of London. The deductibles per occurrence for the new policy are as follows: Minutes—May 4,2021 Deductibles $50,000 Per Occurrence as respects to All Other Perils, Except, as noted below: Named Storm Wind & Hail: 2% of the Sum of the Stated Values for each Location (affected by loss) identified in the Statement of Values subject to $250,000 minimum Per Occurrence Wind Driven Precipitation: 2% of the Sum of the Stated Values for each Location (affected by loss) identified in the Statement of Values subject to $250,000 minimum Per Occurrence All Other Wind &Hail: $50,000 Per Occurrence Flood: $50,000 Per Occurrence, Except, as noted below: MAXIMUM NFIP,whether purchased or not,for Locations in Zones prefixed with A or V, plus $100,000 Per Occurrence; Except 2% of the total insurable values at each location in the loss or damage in any one Occurrence, subject to a minimum deductible of$100,000 in any one Occurrence for Flood caused by, resulting from, or associated with a Named Windstorm. Earth Movement: $50,000 Per Occurrence Funds will come from the General Fund Approval of resolution. Councllmember Nelld moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT FOR FIRE,EXTENDED COVERAGE,FLOOD AND QUAKE PROPERTY INSURANCE FOR THE ANNUAL PREMIUM AMOUNT OF $1,710,642.77 THROUGH HIGGINBOTHAM,OF PORT ARTHUR,TEXAS,AS BROKER FOR ALL RISK COVERAGE,INCLUDING FLOOD AND EARTH MOVEMENT PROVIDED BY AMRISC, LP VELOCITY RISK UNDERWRITERS(LLOYDS),SWISS REIFIRST SPECIALTY,AXIS SURPLUS LINES INSURANCE COMPANY, LLOYDS OF LONDON, (INSURISK, LP), RSUI INDEMNITY INSURANCE COMPANY, AND ARROWHEAD INSURANCE RISK MANAGERS EFFECTIVE MAY 1, 2021; BOILER AND MACHINERY COVERAGE PROVIDED BY LIBERTY MUTUAL FIRE INSURANCE COMPANY EFFECTIVE MAY 1, 2021;AND,TERRORISM COVERAGE PROVIDED BY LLOYD'S OF LONDON EFFECTIVE MAY 1, 2021. Councilmember Pate seconded the motion. AYES: MAYORAMES,MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS NEILD,GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 21-115 COMMENTS * Public Comments (Persons are limited to three minutes) Minutes—May 4,2021 Troy Marsaw 3455 Sarah St. Beaumont TX Spoke to Council regarding the L.L. Melton on Sarah St., stated that he purchased the facility for the purpose of the community to have a place to go and to turn it into a health care facility, he decided to have an eventthis past Saturday, he called one ofthe Councilmembers to ask if he needed to have any type of permit, stated that he was informed he didn't need a permit, today he was met with push back by Planning and Zoning who informed him that he cannot hold an event without having a permit, he's inquiring as to what type of permit he needs, doesn't understand why he can't have an event for the community as often as he wants without having to get a permit, asked for clarification as to what he needs to do Terry Roy 9150 Shepherd Beaumont TX Stated that he spoke at last week's City Council meeting and is represented by four Councilmembers on Council, the Mayor, both At-Large Councilmembers and his Ward Councilmember, he thought after speaking last week that someone would call him, he hasn't received a phone call from anyone, that's why people are leaving Beaumont, the mind set of this city needs to be changed, the population has dropped from 118,000 to 115,000 because of situations like this, would appreciate if someone would contact him regarding his situation COLINCILMEMBER COMMENTS + Councilmembers/City Manager/City Attorney comment on various matters COUNCILMEMBER NEILD- NONE COUNCILMEMBER GETZ- THANKED THE CITIZENS THAT CAME OUT AND VOTED, TO THE CITIZENS THAT DIDN'T CAST A VOTE ENCOURAGED THEM TO VOTE IN THE RUNOFF, READ AN EDITORIAL FROM SUNDAY'S BEAUMONT ENTERPRISE REGARDING THE BEAUMONT TRANSIT SYSTEM MAYOR PRO TEM FELDSCHAU - STATED THAT ON NEXT TUESDAY THE NEW COUNCIL WILL BE SEATED, TODAY WILL BE THE LAST FULL COUNCIL MEETING FOR COUNCILMEMBERS MOUTON AND PATE,THANKED BOTH OF THEM FOR THEIR MANY YEARS OF SERVICE TO THE CITY AND THEIR POSITIONS, HAS ENJOYED THE LAST TWO YEARS WORKING WITH BOTH OF THEM COUNCILMEMBER PATE - CONGRATULATED ALL INCUMBENTS THAT HAVE BEEN RE- ELECTED AS WELL AS A.J. TURNER AND CHRIS DURIO,ALSO CONGRATULATED Roy WEST AND COUNCILMEMBER MOUTON ON BEING IN THE RUN-OFF, APPRECIATED BIGUITA HERNANDEZ SMITH AND LASHON PROCTOR ON THEIR RACE FOR MAYOR, CONGRATULATED STACY LEWIS,JR., AND JOE EVANS FOR BEING ELECTED TO THE BISD SCHOOL BOARD, THANKED THE MAYOR FOR HER 27 YEARS OF SERVICE TO THE CITY,SHE'S THE LONGEST SERVING MAYOR WITH 14 YEARS OF SERVICE, SHE'S THE THIRD LONGEST AT-LARGE COUNCILMEMBER WITH 13 YEARS,HE'S THE SECOND LONGEST SERVING IN AT-LARGE WITH 14 YEARS AND ANDREW COKINOS WITH 21 YEARS, THANKED STAFF FOR THE WONDERFUL JOB Minutes-May 4,2021 THEY DO AND HAVE ENJOYED WORKING WITH ALL OF THEM, STATED THAT THE RUNOFF IS COMING UP AND EVERYONE SHOULD EXERCISE THEIR RIGHT TO VOTE, WISHED ALL MOTHERS A HAPPY MOTHER'S DAY COUNCILMEMBER SAMUEL- THANKED ALL THE CITIZENS THAT GOT OUT AND VOTED, THANKED THE CITIZENS OF WARD III THAT ALLOWED HIM TO CONTINUE TO SERVE, THANKED THE CANDIDATES FOR PARTICIPATING IN THE POLITICAL PROCESS, LOOKS FORWARD TO WORKING WITH THE NEWLY ELECTED OFFICIALS COUNCILMEMBER MOUTON - STATED THAT IT'S BEEN A GREAT SIX YEARS SERVING AND A PRIVILEGE SERVING THE CITIZENS OF WARD IV, SHE WAS ELECTED IN 2015, FELL IN LOVE WITH THE WORK THAT SHE DOES AND HELPING PEOPLE,STATED TO THE MAYOR ITS BEEN GREAT WORKING WITH HER, CONGRATULATED ALL OF THE INCUMBENT COUNCILMEMBERS THAT WERE RE-ELECTED, CONGRATULATED A.J. TURNER AND CHRIS DURIO ON THEIR BEING ELECTED, THANKED THE STAFF THAT SHE'S WORKED WITH, THEY HAVE BEEN THE BEST,WISHED COUNCILMEMBER PATE THE BEST OF LUCK IN HIS FUTURE ENDEAVORS, ENCOURAGED EVERYONE TO GET OUT AND EXERCISE THEIR RIGHT TO VOTE FOR THE RUNOFF, ANNOUNCED THAT EARLY VOTING FOR THE RUNOFF WILL BE JUNE 7-15, 2021, AND ELECTION DAY WILL BE JUNE 19, 2021 CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES- THANKED COUNCILMEMBER PATE FOR HIS YEARS OF SERVICE, CONGRATULATED COUNCILMEMBER ELECT A.J.TURNER AND CHRIS DURIO MAYOR AMES - ANNOUNCED AN EMERGENCY TRAINING RESPONSE EXERCISE AS PART OF THE SOUTHEAST TEXAS REGIONAL PLANNING COMMISSION'S "OPERATION GOLDEN TRIANGLE" ON THURSDAY, MAY 6, 2021, COMMENTED ON THE LAST STATE OF THE CITY ADDRESS THAT TOOK PLACE ON THURSDAY OF LAST WEEK,IF ANYONE IS INTERESTED IN VIEWING THE STATE OF THE CITY ADDRESS IT'S ON THE CITY's WEBSITE AND THE CITY OF BEAUMONT'S YOUTUBE CHANNEL, THANKED COUNCILMEM13ERS PATE AND MOUTON FOR THEIR SERVICE TO THE CITY,WISHED ALL MOTHER'S A HAPPY MOTHER'S DAY W there being po Executive Session, Council adjourned at 7:22 p.m.,: ,..s"�4 3EA ,yT 1�r1 l� B y Ame M yor, L Tina Broussard, City Clerk 6 ., % MIS Minutes—May 4,P021