Loading...
HomeMy WebLinkAbout08/24/2021 MIN BEAUM © NT 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 I CITY COUNCIL MEETING Michael Getz,Ward II Audwin Samuel, Mayor Pro Tem AUGUST 24, 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 August 24, 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 the Consent Agenda and Agenda Items 6-9 Mayor Mouton called the council meeting to order at 1:30 p.m. Minister Bill Morgan with Calvary 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 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 Recognition — Miss Beaumont USA 2021, Paula Ezendu Proclamation—"Hunger Action Month"—September 2021 -Proclamation read by Mayor Pro Tern Samuel; accepted by Barbara Newhouse President and CEO of the Southeast Texas Food Bank Public Comment: Persons may speak on the Consent Agenda and Agenda items 6-9 Vernon Tubbs P.O. Box 6421 Beaumont TX Spoke regarding the discussion item to receive a report related to Amalgamated Transit Union Local 1031 and their negotiations with First Transit, Inc. 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.) ' Minutes—August 24,2021 A. Approval of the August 17, 2021, City Council Meeting Minutes B. Approve the purchase of a TriCaster Camera System from BiWay Media of Houston for use in the Council Chambers - Resolution 21-198 C. Authorize the City Manager to execute Change Order No. 5, to the contract with Shaver Construction 6 Contracting Services, LLC d/b/a Silverback Services forthe Water Treatment Plant 72-Inch Emergency Repairs Project - Resolution 21-199 D. Authorize the City Manager to execute Change Order No. 2 to the contract with Solid Bridge Construction, LLC for the Cattail Marsh Wetlands Repair Project - Resolution 21-200 E. Authorize the City Manager to sign a Memorandum of Understanding with the Port of Beaumont Navigation District related to the installation of a flood sensor on Port property - Resolution 21-201 F. Authorize the City Manager or his designee to execute a contract with TransUnion Risk and Alternative Data Solutions, Inc. related to a public records database used in the Police Department- Resolution 21-202 G. Authorize the City Manager or his designee to execute an agreement between the Police Department and the DEA (Drug Enforcement Agency) - Resolution 21-203 H. Authorize the City Managerto sign a Memorandum of Understanding with Jefferson County Drainage District No. 6 (DD6) related to the installation of 16 flood sensors in DD6 ROW and/or easements - Resolution 21-204 I. Authorize the City Manager to execute a lease agreement with the Beaumont Art League - Resolution 21-205 J. Authorize the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD6)forthe proposed Roadway Rehabilitation of Wellington Place- Resolution 21-206 K. Authorize the City Manager or his designee to execute a Memorandum of Understanding between the Police Department and the 842nd Transportation Battalion- Resolution 21-207 L. Approve a contract to construct an equipment storage cover addition at the Wastewater Reclamation Facility located at 4900 Lafin Road - Resolution 21-208 Councilmember Neild moved to approve the Consent Agenda. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Minutes-August 24,2021 REPORTS AND DISCUSSION ITEMS * Receive a report from the Public Health Director related to COVID-19 * Review and discuss a proposal from Corona Environmental Consulting, LLC related to a review and assessment of the water system, focused on investigating discolored water * Review and discuss the Battleship Texas and hear from representatives from the Battleship Texas Foundation * Review and discuss a request from Family Services of Southeast Texas * Receive a report related to Amalgamated Transit Union Local 1031 and their negotiations with First Transit, Inc. GENERAL BUSINESS 1. Consider a request for a Specific Use Permit to allow on premise consumption of beer and wine at a convenience store in a GC-MD-2 (General Commercial-Multiple-Family Dwelling - 2) District located at 3529 N. Major Drive. Gurnam Sandhar is requesting a Specific Use Permit to allow on-premises consumption of beer and wine at a convenience store in a GC-MD-2 (General Commercial—Multiple-Family Dwelling-2) District at 3529 N. Major Drive. Mr. Gurnam has purchased a number of daiquiri machines and is currently selling daiquiris to go. He would like to sell these daiquiris and other beer/wine products for on-site consumption. Although Crystal's does sell a number of fried foods, it is predominantly a convenience store. On-site consumption of alcohol in a convenience store would create a bar atmosphere and therefore requires a Specific Use Permit in a GC-MD(General Commercial—Multiple-Family Dwelling) or GC-MD-2 zoning district. Hours for daiquiri sells would be Monday through Friday 7 a.m. to Midnight, Saturday 7 a.m. to 1 a.m. and Sunday noon to midnight. Although Mr. Sandhar has requested the required certificates and permits for his convenience store that serves food, not all of these permits have been completed. At a Joint Public Hearing held on August 16, 2021, the Planning Commission recommended 7:0 to deny the request for a Specific Use Permit to allow on premise consumption of beer and wine at a convenience store in a GC-MD-2 (General Commercial — Multiple-Family Dwelling - 2) District. Denial of the request. Mayor Pro Tem Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE DENYING A SPECIFIC USE PERMIT TO ALLOW ON-PREMISES CONSUMPTION OF BEER AND WINE AT A CONVENIENCE STORE IN A GC-MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT AT 3529 N. MAJOR DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councllmember Nelld seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD Minutes—August 24,2021 NAYS: NONE MOTION DENIED Ordinance 21-049 2. Consider a request for a Specific Use Permit to allow a Communication Tower in an LI (Light Industrial) District located within the 6300 block of Walden Road. David Bochenek is requesting a Specific Use Permit to allow a Communication Tower in an LI (Light Industrial) District in the 6300 block of Walden Road. KFDM has been forced to relocate due to future Interstate Highway 10 revisions. One requirement for their new facility is a 150-foot self-supporting transmission tower. The proposed tower would be similar in appearance to an existing cell tower on the south side of Walden Road. The tower would be located at the rear of the new facility. At a Joint Public Hearing held on August 16, 2021, the Planning Commission recommended 7:0 to approve the request fora Specific Use Permit to allow a Communication Tower in an LI (Light Industrial) District. Approval of the ordinance. Councllmember Turner moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A COMMUNICATION TOWER IN AN LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED WITHIN THE 6300 BLOCK OF WALDEN ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. CDUncilmember Durlo seconded the motion. AYES: MAYORMOUTON,MAYOR PROTEMSAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 21-050 3. Consider a request for a Revised Specific Use Permit to allow two driveways accessing the north cul-de-sac of W. Lucas in a GC-MD-2 (General Commercial-Multiple-Family Dwelling-2) District located at 622 W. Lucas Drive. Darlene Hanna is requesting an SUP (Specific Use Permit)to allow two driveways accessing the north cul-de-sac of W. Lucas in a GC-MD-2 (General Commercial-Multiple-Family Dwelling-2) District at 622 W. Lucas Drive. In February of 2011, Ms. Hanna was approved for a Specific Use Permit. The approved site plan did not have any driveways accessing the residential cul-de-sac to the east. In 2016 a driveway was poured and eventually permitted by Building Codes without approval from the Planning Division. February 3, 2021, an application was submitted for the interior build-out of the cookie shop. There was no mention on the plan of a drive-through window or driveway request. Planning staff informed Mr. Dunigan (the contractor)that approval would be for interior only as this site has an SUP, and a permit was issued for "interior only". Minutes—August 24,2021 On July 14, 2021, a driveway permit application was submitted by Mr. Dunigan. Planning staff rejected the application as a revised SUP would be required and the driveway permit was denied. Ms. Hanna would like to pour a second driveway accessing the same residential cul-de-sac. The new driveway is for the cookie company. At a Joint Public Hearing held on August 16, 2021, the Planning Commission recommended 6:0:1 to deny the request for a Revised Specific Use Permitto allowtwo driveways accessing the north cul-de-sac of W. Lucas in a GC-MD-2 (General Commercial-Multiple-Family Dwelling-2) District. The Zoning Ordinance states, "The City Council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a Specific Use Permit where a protest against such change (has been filed), signed by the owners of twenty percent(2094) or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by the favorable vote of three-fourths (314) of all the members of the City Council." Protest against this request was received from more than 20% of the land immediately adjoining the subject property. Therefore, a vote of three-fourths (314) of the City Council shall be required to approve the requested Specific Use Permit. Denial of the request. Councilmember Neild moved to table this item and send back to Planning and Zoning. Councilmember Turner seconded the motion. After further discussion Councilmembers Neild and Turner withdrew their motions. Councilmember Feldschau moved to ADOPT AN ORDINANCE APPROVING AN AMENDED SPECIFIC USE PERMIT TO ALLOW ONE(1)DRIVEWAY ACCESSING THE NORTH CUL-DE-SAC OF W.LUCAS IN A GC- MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT AT 622 W.LUCAS DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Neild seconded the motion. AYES: MAYORMOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 21-051 Councilmember Getz moved to DENY THE AMENDED SPECIFIC USE PERMIT TO ALLOW A SECOND DRIVEWAY ACCESSING THE NORTH CUL-DE-SAC OF W.LUCAS IN A GC-MD-2(GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING-2) DISTRICT AT 622 W. LUCAS DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,TEXAS. Councilmember Curio seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, FELDSCHAU AND NEILD Minutes—August 24,2021 NAYS: COUNCILMEMBER TURNER MOTION PASSED 4. Consider a request for a Specific Use Permit to expand a cemetery in an RM-H (Residential Multiple Family Dwelling-High Density) District located at 3945 Scranton Avenue. Community Cemeteries, Inc. has submitted a request for a specific use permit to allow the expansion of cemetery at 3965 Scranton. The cemetery was previously expanded in 2001 and 2009. This latest expansion incorporates 0.193 acres immediately south of the previous expansions. No buildings or other structures are proposed for this site. The only improvements will be private drives, ditch culverts to provide access to the property and drainage swales. Upon review staff noticed that it appears some graves to the north may be placed in the alleyway. A survey needs to be provided to confirm the location of the graves. At a Joint Public Hearing held on August 16, 2021, the Planning Commission recommended 6:1 to approve the request for a Specific Use Permit to expand a cemetery in an RM-H (Residential Multiple Family Dwelling-High Density) District with the following conditions: 1. Provide a survey to locate graves to the north that appear to be in the alleyway. If graves are in the alleyway, alleyway must be abandoned by Community Cemeteries. 2. Gates, fences, and no trespassing after hours signs be added to the expansion of the cemetery. Approval of the ordinance with the following conditions: 1. Provide a survey to locate graves to the north that appear to be in the alleyway. If graves are in the alleyway, alleyway must be abandoned by Community Cemeteries. 2. Gates,fences, and no trespassing after hours signs be added to the expansion of the cemetery. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF A CEMETERY IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 3945 SCRANTON AVENUE,WITH THE CONDITIONS,IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Taylor seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 21-052 Minutes-August 24,2021 5. Consider a request for a Specific Use Permit to allow Funeral Service - embalming and a storage facility a GC-MD-2 (General Commercial-Multiple-Family-2) District located at 2220 Calder Avenue. Broussard's Mortuary is requesting a Specific Use Permit to allow funeral service embalming and storage at 2220 Calder Avenue. The nearly 30,000 square foot property was previously occupied by Controlled Fluids. As this previous use was just office space and storage, some changes may be needed to accommodate embalming. Broussard's Care Center, where embalming is performed, is currently located two(2) blocks away at 2000 McFaddin Avenue. This is an internal operation that is run by licensed professional embalmers. They would like to relocate the facility to this property and utilize the open warehouse space for inventory and supplies. Five (5) to ten (10) full-time staff are expected to be located at this facility. At a Joint Public Hearing held on August 16, 2021, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow Funeral Service - embalming and a storage facility a GC-MD-2 (General Commercial—Multiple-Family—2) District with the following condition: 1. Construction plans must meet all requirements by Water Utilities forwater 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 condition: 1. Construction 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 Turner moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FUNERAL SERVICE EMBALMING AND STORAGE FACILITY IN A GC- MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT FOR PROPERTY LOCATED AT 2220 CALDER AVENUE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 21-053 6. Consider a request to abandon a portion of a city right-of-way located just south of 1315 South Street. Minutes—August 24,2021 Jared Bishop is requesting the abandonment of a portion of City right-of-way located just south of 1315 South Street. In 2019 an abandonment was granted for an approximately twenty-eight(28)square foot portion of land where the corner of the existing building at 1315 South Streetwas encroaching into the City right-of-way. Mr. Bishop is asking to abandon the remaining two thousand (2,000) plus square feet of the undeveloped right-of-way. At a Joint Public Hearing held on July 19, 2021, the Planning Commission recommended 8:0 to approve the request to abandon a portion of an alley with the following conditions: 1. If approved, applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense.Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on City Council's agenda. All of the required items have been submitted. Approval of the ordinance. COuncllmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING A PORTION OF A RIGHT-OF-WAY LOCATED JUST SOUTH OF 1315 SOUTH STREET,CITY OF BEAUMONT,JEFFERSON COUNTY, TEXAS. COuncllmember Nelld seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 21-054 7. Consider approving an agreement between the City of Beaumont and Hardin County as to the regulation of subdivisions in the portion of Beaumont's Extraterritorial Jurisdiction (ETJ) within Hardin County. The State Legislature enacted a law in 2001 that requires that all municipalities and counties enter into a written agreement outlining regulatory responsibility of subdivisions within Extraterritorial Jurisdictions (ETJ's). Soon after, the City of Beaumont entered into an agreementwith Jefferson County, but not Hardin County. The issue has now arisen as a plat for a large development is being submitted to Hardin County. The purpose of regulating subdivisions within a city's ETJ is to ensure proper planning and development standards in anticipation of eventual annexation by a city. While Beaumont's five-mile ETJ currently extends north of Pine Island Bayou into Hardin County, the likelihood of the City of Beaumont annexing into Hardin County is very low. It should be noted that the proposed agreement would not alter the existing ETJ and would not prevent the City of Beaumont from future annexations into this area. The proposed agreement to continue to allow Hardin County to review subdivisions in Beaumont's ETJ was presented to the Planning Commission on August 16, 2021. The Commission agreed with the scheme reflected in this agreement. Minutes—August 24,2021 Approve the resolution. Cou ncilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BEAUMONT AND THE COUNTY OF HARDIN,TEXAS FOR THE PURPOSE OF REGULATING SUBDIVISIONS IN THE PORTION OF BEAUMONT'S EXTRATERRITORIAL JURISDICTION (ETJ) WITHIN HARDIN COUNTY. Councilmember Getz seconded the motion. AYES: MAYORMOUTON, MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-209 8. Consider an ordinance amending the FY 2021 Budget. In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments will ensure that expenditures are within the approved budgetand that interfund transfers are in accordance with financial policies as approved within the budget document. The details of the proposed amendments are as follows: 1. Internal Service Funds are funded through transfers from other funds and/or userfees from the departments that they support. The General Liability Fund does not charge user fees but relies solely on transfers to fund its operations. A transfer of$500,000 ($340,000 from the General fund, $125,000 from the Water Utilities Fund and$35,000 from the Solid Waste Fund) is being proposed this fiscal year to strengthen the fund balance for FY 2022. General Liability Original Budget Proposed Amendment Amended Budget Fund Total Revenues $4,000 $500,000 $504,000 2. The Employee Benefits Fund is projected to exceed budgeted expenditures by over $915,000 due to high health claims. A budget amendment in the amount$1,000,000 is being proposed to cover the overage and to appropriate an extra contingency for any other unforeseen expenditures that may occur. Employee Original Budget Proposed Amendment Amended Budget Benefits Fund Total Expenditures I $23,964,000 $1,000,000 $24,964,000 Minutes—August 24,2021 3. The Solid Waste Fund is projected to exceed budgeted expenditures by$1.2 million due to increased overtime, a 2%employee one-time payment, debris cleanup related costs due to storm cleanup, and a $35,000 transfer to General Liability fund as mentioned in item 1. A budget amendment in the amount $1,335,000 is being proposed to cover the overage and to appropriate an extra contingency for any other unforeseen expenditures that may occur. Solid Waste Fund Previously Proposed Final Amended Amended Budget Amendment Budget Total Expenditures $12,921,969 1 $1,335,000 $14,256,969 4. The Hotel Occupancy Tax Fund is projected to exceed budgeted expenditures by $150,000 due to a 2%employee one-time payment, the purchase of Beaucycles and unbudgeted contract services related to the Nature Center. An amendment in the amount of$175,000 is being proposed to cover the overage and to appropriate an extra contingency for any other unforeseen expenditures that may occur. Hotel Occupancy Original Budget Proposed Amended Budget Tax Fund Amendment Total Expenditures $3,203,700 $175,000 $3,378,700 5. The Water Utilities Fund has a proposed budget amendment in the amount of $125,000 to appropriate funds thatwill be transferred to the General Liability Fund as mentioned in item 1. Water Utilities Previously Proposed Final Amended Fund Amended Budget Amendment Budget Total Expenditures I $55,272,718 $125,000 $55,397,718 6. The Laura Recovery Fund was created in response to the storm and was not considered in the budget process for FY 2021.A budget amendment in the amount of $200,000 is proposed to cover the recovery costs projected to be incurred this fiscal year. Laura Recovery Original Budget Proposed Amended Budget Fund Amendment Total Expenditures $o $200,000 $200,000 7. Transfers in the amount of$10,340,000 are being proposed in the General Fund.A$4 million dollar transfer the Capital Reserve Fund is being recommended to help strengthen the fund balance forthe FY 2022 Budget, $6 million dollars to the General Improvements Fund ($1 million for the Fleet Parking Lot and $5 million for the purchase of the property at 555 Main St.) and $340,000 to the General Liability Fund as mentioned in item 1. Minutes—August 24,2021 Capital Reserve Original Budget Proposed Amended Budget Fund Amendment Total Revenues $3,691,600 $4,000,000 $7,691,600 General Fund Previously Proposed Final Amended Amended Budget Amendment Budget Total Expenditures $133,751,437 $10,340,000 $144,091,437 Councllmember Nelld moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE FISCAL YEAR 2021 TO APPROPRIATE ADDITIONAL REVENUES IN THE GENERAL LIABILITY AND CAPITAL RESERVE FUNDS;TO APPROPRIATE ADDITIONAL EXPENDITURES IN THE EMPLOYEE BENEFITS,SOLID WASTE, HOTEL OCCUPANCY TAX, WATER UTILITIES, LAURA RECOVERY, AND GENERAL FUNDS; PROVIDING FOR SEVERABILITY,AND PROVIDING FOR REPEAL. Mayor Pro Tem Samuel seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 21-055 DISCUSSION ITEM * Review and discuss the proposed FY 2022 Budget and Capital Program Kyle Hayes, City Manager reviewed and discussed the proposed FY 2022 Budget and Capital Program. Mr. Hayes discussed the rates, he stated that the existing tax rate of$0.71 per $100 assessed valuation would decrease to $0.705, water and sewer rates would increase by 5% and the monthly garbage rate of$19.75 would increase to$20.75, which is a 5% increase. Wages were discussed as it relates to labor agreements and civilian employees, the budgetwould provide for a 4% increase in wages for Police Officers and 3% for Firefighters per their collective bargaining agreements and the civilian employees would receive a 3% wage increase. City services and the Fund Balance was also discussed, the existing levels of services have been maintained despite COVID-19, the city has a very strong fund balance in the General Fund which has allowed for a continuation of existing services. The projected beginning Fund Balance is approximately $44 million, which is 31% of projected expenditures. The city improvements have been thatthe city issued $25 million in Water Revenue Bonds in 2020 for Water and Sewer projects, the city is also planning to spend $13 million of the American Rescue Plan Federal Funding in the next 12 to 24 months on additional Waterand Sewer projects. The city is also planning to issue $33 million in Certificates of Obligations this fall for Street Rehabilitation and Drainage Improvements. Minutes—August 24,2021 Mr. Hayes also discussed future challenges for the City of Beaumont such as the proposed 2022 budget that has a projected $1.4 million deficit in the General Fund, he stated this will be fine because the city has a healthy Fund Balance and will have vacancies throughoutthe year. Looking towards 2023, the following items may result in challenges: The General Fund will likely transfer closer to $2.5 million for transit services instead of the $1.7 million in 2022 which is a $800,000 dollar cost. The unknown is if the city will receive funds which can be used to reimburse the General Fund for COVID-19 related expenses, $3,000,000 million is projected in 2022. The city does not know at this time what the industrial values will be for FY 2022, there has been as much as 4.4% to be projected less than last year, if so, this is $800,000 less in revenue compared to 2021. The payments from industrial companies are based on the values and the tax rate. A majority of the City Council may be interested in additional marketing and communication efforts, liter pick-up seven days a week under TxDOT underpasses; additional Code Enforcement inspectors for junk motor vehicles, liter, and dilapidated structures, and additional code inspectors for Building Codes related to construction permits. These possible new cost items are not in the FY 2022 Budget. At this time the city is in a good financial position today mostly due to the following: 1. The city tries to live within its means, or the revenues the city has on a yearly basis 2. The city has not built in the extra revenue that has been received aftervarious storms into city expenditures 3. The city has downsized the workforce from 1,407 in 2001 to 1,317 in the 2022 budget, saving a projected $5.5 million plus a year 4. The city has taken advantage of lower interest rates and refinanced some of the debt to decrease annual debt payments, while also borrowing needed money for streets, drainage, water, and sewer projects Police, Fire and EMS expenses continue to outpace other departmental services and are 59% of expenditures in the General Fund in FY 2022, this does not include the vehicles and equipment that is purchased to support these departments. The contract with the Police Union will expire in September of 2022. Mr. Hayes also stated that it is unknown as to what reimbursements the city will receive from FEMA related to Hurricanes Harvey and Laura. Unreimbursed expenses are eventually paid for out of the fund balances in the General, Water and Solid Waste Funds. JOINT PUBLIC HEARING * Receive comments on the proposed FY 2022 Budget and the proposed 2022 Capital Program Public Hearing Open: 5:56 p.m. Min ales—August 24,2021 Laurie Leister 1240 Willchester Ct. Beaumont TX Spoke to Council regarding the Tyrrell Park Building, the Neches Center, as well as funds that were just approved by Council to be transferred into the CVB budget, also commented on the covering of a portion of the roof on the back of the Tyrrell Park Building and would like that to be budgeted in the future, also commented on the house next to the horse stables at Tyrrell Park Public Hearing Close: 6:00 p.m. Councilmember Neild left the meeting at 6:14 p.m. 9. Consider a resolution postponing the final vote on the proposed FY 2022 Budget to September 14, 2021, The proposed FY 2022 Budgetwas submitted to Council on August 10, 2021. The proposed 2022 Capital Program was originally submitted on May 14, 2021, and again with the proposed budget on August 10, 2021. The notice of the public hearing on the Budget and Capital Program was published August 12, 2021. Local Government Code, Section 102.007 states that atthe conclusion of the public hearing, the governing body of the municipality shall take action on the proposed budget. Council must take action to postpone the final vote on the proposed budget until September 14, 2021. Hold the Joint Public Hearing. Mayor Pro Tern Samuel moved to APPROVE A RESOLUTION THAT SINCE THE PUBLIC HEARING ON THE PROPOSED TAX RATE IS SCHEDULED FOR SEPTEMBER 14, 2021, CITY COUNCIL MUST TAKE ACTION TO POSTPONE THE FINAL VOTE ON THE PROPOSED FY 2022 BUDGET UNTIL AFTER THE HEARING ON THE PROPOSED TAX. CounCilmember Feldschau seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER AND FELDSCHAU NAYS: NONE MOTION PASSED Resolution 21-210 Mayor Mouton read the announcement regarding Closed Session being held at the conclusion of the General Business portion of the meeting. COMMENTS * Public Comments (Persons are limited to three minutes) Minutes—August 24,2021 Steve Hoffman 704 S. Blarney Beaumont TX Stated that he hopes that Council would consider bringing the Battleship Texas to Beaumont, if possible, also commented on growing the sales tax and revenue, expressed his likeness as to what Council is doing thinks it's great Louis Vaughn 9615 Mapes Beaumont TX Spoke to Council regarding the Code Enforcement Departmentand his homeflooding, stated that he had five different electrical inspectors that came out and it cost him thousands of dollars, each inspectortold the contractor to do something different,the contractors complied with everything, thinks thatthere needs to be some kind of information forthe citizen and the inspectors so everyone can be on one accord Steven Lewis 540 Campus St. Beaumont TX Spoke to Council regarding the Community Center at Tyrrell Park, still requesting that the back section of the building be covered, stated that the contractors have done a wonderful job, but the job isn't finished, if the back part isn't covered it will continue to soak water into the wall when it rains and it will deteriorate Brian Dunigan 622 West Lucas Beaumont TX Spoke to Council regarding his property that was just denied earlier for a SUP for a second driveway for the cookie factory that he's trying to open, stated that he has paperwork showing that the driveway was approved, received a text message from Boyd Myers for the city's mistake, how does an engineer stamp something approved and six months later it's denied, asked who's at fault, does he take the $50,000.00 loss because it's the city's fault, all he wants to do is open his business and create revenue for the city, the city is destroying his livelihood Thefarro Richard 525 Parkview Dr. Beaumont TX Stated that she has a solution to the homeless problem,the first is a voucher program where the homeless can stay in hotels, the second is the Conn's building could be converted into a temporary shelter and could also be a one stop shop Herman Davis 790 Amarillo St. Beaumont TX Thanked staff and Council for all that they do and to sit through a Council meeting for three hours, all he asked for is a City of Beaumont mask, stated that the city could get volunteers to cleanup under the underpasses, glad to see the Council working together Laurie Leister 1240 Willchester Ct. Beaumont TX Stated that Beautify Beaumont does still exist, it's now a 501(C) 3 that was established from Keep America Beautiful etc., stated they have been active, they are a very small group, they also have a tree give away every year, they will be glad to work with Councilmember Turner as well as Mayor Mouton to do any work throughout the city Minutes—August 24,2021 * Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD- NONE MAYOR PRO TEM SAMUEL- NONE COUNCILMEMBER FELDSCHAU - NONE COUNCILMEMBER TURNER- NONE COUNCILMEMBER GETZ- NONE COUNCILMEMBER DURIO - ANNOUNCED THAT HARVEST FOR LOST SOULS CHURCH WILL BE GIVING COVID-19 VACCINES ON FRIDAY, AUGUST 27, 2021, FROM 3:00 P.M. TO 6:00 P.M., CITIZENS NEED TO REGISTER ONLINE AT HARVESTFORLOSTSOULS.COM CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - STATED TO MR. DAVIS THAT THE CITY CLERK, TINA BROUSSARD WILL SEND HIM SEVERAL MASK,THANKED TODD SIMONEAUX, CFO AND KRISTIN FERGUSON, CONTROLLER FOR ALL OF THEIR HARD WORK ON THE BUDGET MAYOR MOUTON - ANNOUNCED THAT RICELAND HEALTHCARE WILL BE OFFERING FREE COVID TESTING AT 86I-1 O FRONTAGE RD.,SUITE 111 Open session of meeting recessed at 6:44 p.m. EXECUTIVE SESSION + Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Buffate Coleman Clai of Woodlands of BeaumontAr -A 4 l?'- 1, bin Mouton/-Mayor Tina Broussard, CityClerk �4% Minutes—August 24,2021