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HomeMy WebLinkAbout02/01/2022 MINBEAUM.01N�T 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 Tern FEBRUARY 1, 2022 Chris Durio, Ward IV Tina Broussard-, City Clerk Kyle Hayes, City Manager Sharae Reed, City Attorney 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 1, 2022, 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 Proclamations, Presentation and Recognition Public Comment: Persons may speak on the Consent Agenda and Agenda item No. 7 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Dwight Benoit, with Magnolia Missionary 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 Tern Samuel, Councilmembers Durio, Getz, Turner, Feldschau and: Neild. Absent: Kyle Hayes, City Manager. Also, present were Todd Simoneaux, Chief Financial Officer; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "Campus Crime Stoppers of Southeast Texas" — February 9, 2022 — Proclamation read by Mayor Mouton; accepted by Jeremy Raley, Administrator/Campus Coordinator Public Comment: Persons may speak on the Consent Agenda and Agenda Item No. 7 None 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.) A. Approval of the January 25, 2022, City Council Meeting Minutes B. Approve a contract with DXI Industries, Inc. of Houston for the purchase of . sodium hydroxide for use by the Water Utilities Department - Resolution 22-033 - Minutes — February 1, 2022 C. Authorize the City Manager to execute Change Order No. 14, accept maintenance, and authorize final payment to ALLCO, LLC for the Washington Boulevard Pavement Widening Phase li Project (Corporate Drive to Amarillo Street) - Resolution 22-034 D. Authorize the City Manager to execute a contract with Structure Guard, LLC, of Austin, for the Lafin Drive at LNVA Canal Emergency Bridge Repairs Project - Resolution 22-035 E. Authorize the City Manager to execute Change Order No. 3 to the contract with BDS Constructors, LLC d/b/a MK Constructors for the Primer Street Lift Station Repairs Project - Resolution 22-036 F. Authorize. the City Manager to apply for and accept funding through the Jefferson County Tourism Committee (JCTC) Grants Program - Resolution 22-037 G. Authorize the City Manager to execute Change Order No. 6, accept maintenance, and authorize final payment to Allco, LLC, for the Wastewater Treatment Plant Trickling 'Filters Rehabilitation Project - Resolution 22-038 H. Authorize the limited and temporary use of golf carts on city streets from February 21 2022, through February 28, 2022, in conjunction with Mardi Gras Southeast Texas - Resolution 22-039 Authorize the City Attorney to accept the settlement negotiated by the Texas Attorney General in Opioid litigation against pharmaceutical manufacturer Endo Health Solutions, Inc., Endo Pharmaceuticals Inc., Endo International plc, Par Pharmaceutical, Inc., and Par Pharmaceutical Companies, Inc. ("Endo") - Resolution 22-040 Councilmember Neild moved to approve the Consent Agenda. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED AGENDA 1. Consider a request for a Specific Use Permit to allow a parking lot expansion for a church in RCR (Residential Conservation Revitalization) and RS (Residential Single -Family) Districts located at 2170 Renaud Street. Mt. CalvaryMissionary Baptist Church would like to add a new parking area at 2170 Renaud Street. This new concrete parking lot will provide an additional forty-four (44) off-street parking spaces. Minutes — February 1, 2022 Landscaping will be required along Renaud and in required islands, but as the property abuts commercial lots, a perimeter landscaping and screening buffer is not required. At a Joint Public Hearing held on January 24, 2022, the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow a parking lot expansion for a church in RCR (Residential Conservation Revitalization) and RS (Residential Single -Family) Districts with the following condition: 1. Parking lot shall be landscaped as required by City Ordinance. Approval of the ordinance with the following conditions: 1. Parking lot shall be landscaped as required by City Ordinance. Councilmember Turner moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PARKING LOT EXPANSION FOR A CHURCH IN AN RCR (RESIDENTIAL CONSERVATION REVITALIZATION) AND RS (RESIDENTIAL SINGLE-FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2170 RENAUD STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 21-005 2. Consider a request for a Specific Use Permit to allow a roll -off container and equipment storage yard in a GC -MD (General Commercial — Multiple -Family Dwelling) District located at 3494 Fannett Road. Raymond Richard is requesting a Specific Use Permit to allow a roll -off container and equipment storage yard at 3494 Fannett Road. Mr. Richard is the owner of R&R Dozer, a demolition company. In September of 2021 reports were received .that a fence had been placed around the property and dumpsters were being stored. Mr. Richard was advised that although a contractor business may be located in GC -MD (General Commercial -- Multiple - Family Dwelling) zoning districts, outside storage is not permitted without approval of a Specific Use Permit, and a Certificate of Occupancy. For a commercial business to operate adjacent to residential zoning, the business is required to maintain a ten (10) foot wide landscaped strip with trees and an eight (8) foot tall wood or masonry fence along the adjoining property line. As dumpsters may create odor issues, all cleaning of the dumpsters prior to storage must be completed elsewhere. In addition, any security lighting on the property shall be shielded to protect adjacent residential properties. At a Joint Public Hearing held on January 24, 2022, the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow a roll -off container and equipment storage yard in a. GC -MD (General Commercial — Multiple -Family Dwelling) Minutes — February 1, 2022 District with the following conditions: 1. Install landscaping and screening to meet City Ordinance requirements. 2. Clean all dumpsters before storing them at this location. 3. Shield all security lighting from neighboring residential properties. Approval of the ordinance with the following conditions: 1. Install landscaping and screening to meet City Ordinance requirements. 2. Clean all dumpsters before storing them at this location. 3. Shield all security lighting from neighboring residential properties. Councilmember Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A ROLL -OFF CONTAINER AND EQUIPMENT STORAGE YARD IN A GC - MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3494 FANNETT ROAD, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-006 3. Consider a request for a Specific Use Permit to allow a veterinarian boarding/grooming facility and shelter in a GC -MD (General Commercial — Multiple -Family Dwelling) District located at 4270 E. Lucas Drive. Kelley Kays would like to open a veterinarian clinic with grooming and boarding at 4270 E. Lucas Drive. The existing veterinarian _office will be expanded to include the non-profit Beaumont Pets Alive shelter. Chain link kennels, a modular building and parking will be added at the rear of the property. The parking area will need minor modifications to meet City Engineering requirements. As the parking is expanding more than twenty-five (25) percent, landscaping of the entire parking lot will need to be brought into compliance including a six (6) foot wide landscaped strip between parking and E. Lucas Drive, two (2) landscaped islands and a ten (10) foot wide landscaped buffer with trees along the rear property line. Ms. Kays is requesting a waiver to the eight (8) foot fence screening requirement along the rear property line. At a Joint Public Hearing held on January 24, 2022, the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow a veterinarian boarding/grooming facility in a GC -MD (General Commercial — Multiple=Family Dwelling) District with the following conditions: 1. Parking shall be adjusted to meet City Engineering requirements. 2. Landscaping shall be brought into compliance with City Ordinance requirements Minutes — February 1, 2022 3. Eight (8) foot wood or masonry fence in the rear to be completed within one year from the issuance of the Certificate of Occupancy. Approval of the ordinance with the following conditions: 1. Parking shall be adjusted to meet City Engineering requirements. 2. Landscaping shall be brought into compliance with City Ordinance requirements.. 3. Eight (8) foot wood or masonry fence in the rear to be completed within one year from the issuance of the Certificate of Occupancy. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A VETERINARIAN BOARDING/GROOMING FACILITYAND SHELTER IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 4270 E. LUCAS DRIVE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-007 4. Consider a request for a Revised Specific Use Permit to allow for additional parking and to add a commercial strip center with a tax office and barber shop in an RCR (Residential Conservation Revitalization) District located at 1325 College Street. Rosa & Sifuentes Francisco Castillo would like to use the property located at 958 & 978 Orange Avenue and 1350 Gilbert Street as expanded parking for a proposed restaurant to be located at 1325 College Street, and for a commercial building to accommodate offices and a beauty/barber shop. Adjacent land uses are residential along Gilbert. As such, driveway access should be located on Orange Street. Landscaping should be used to mitigate the impact to the neighboring properties. In addition, sidewalks along the property are in a state of disrepair and must be repaired/replaced along all streets. At a Joint Public Hearing held on January 24, 2022, the Planning Commission recommended 8:0 to approve the request for a Revised Specific Use Permit for restaurant parking to add a commercial strip center with a tax office and barber shop in an RCR (Residential Conservation Revitalization) District with the following conditions: 1. Landscaping and screening be installed and maintained as per ordinance requirements, including provision of island, medians and/or peninsulas and perimeter buffer. 2. Irrigation system shall be installed and maintained for all required landscaping. I Replace/repair sidewalks along all streets. 4. Lighting to be shielded from neighboring residential properties. Minutes — February 1, 2022 .5. Parking for the restaurant and commercial building shall be separated so that the restaurant parking lot can only be accessed from Orange Avenue. Approval of the ordinance with the following conditions: 1. Landscaping and screening be installed and maintained as per ordinance requirements, including provision of island, medians and/or peninsulas and perimeter buffer. 2. Irrigation system shall be installed and maintained for all required landscaping. 3. Replace/repair sidewalks along all streets. 4. Lighting to be shielded from neighboring residential properties. 5. Parking for the restaurant and commercial.building shall be separated so that the restaurant parking lot can only be accessed from Orange Avenue. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW INDUSTRIAL PARKING AND TO ADD A COMMERCIAL STRIP CENTER WITH A TAX OFFICE AND BARBER SHOP IN AN RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT LOCATED.AT 1325 COLLEGE STREET, WITH THE CONDITIONS, BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-008 5. Consider a request for a Revised Specific Use Permit to allow additional cabins in a recreational vehicle park in an LI (Light Industrial) District located at 6860 S. Major Drive. In 2006, Thomas Taylor received a Specific Use Permit for a Recreational Vehicle Park at 6800 S. Major Drive. The 15-acre tract of land includes a 7-acre lake and a LNVA canal right-of-way leaving approximately 7 acres that are usable for the recreational vehicle park. The park currently can accommodate 70 RV's. Shortly after acceptance of this RV park, the City's RV ordinance was updated to current standards. Those standards are reflected in this existing park. Hidden Lake RV Park would now like to add 3 prefab cabins to be leased by the month or year. Each cabin is approximately 300 square feet and will have a parking space. An existing City of Beaumont water line and easement is located on this property. No structure requiring a permanent foundation may be placed over a city easement. This water line feeds an adjacent fire apparatus. Access for the fire department to this apparatus must be maintained. At a Joint Public Hearing held on January 24, 2022, the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow additional cabins in a recreational vehicle park in an LI (Light Industrial) District with the following conditions: Minutes — February 1, 2022 1. No permanent structure may be placed within the water utility easement. 2. Access to the adjacent fire apparatusmust be maintained. Approval of the ordinance with the following conditions: 1. No permanent structure may be placed within the water utility easement. 2. Access to the adjacent fire apparatus must be maintained. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW ADDITIONAL CABINS IN A RECREATIONAL VEHICLE PARKIN AN LI (LIGHT INDUSTRIAL) DISTRICT LOCATED AT 6860 S. MAJOR DRIVE, WITH THE CONDITIONS, 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 22-009 6. Consider a request for a Specific Use Permit to allow a bar in a GC -MD (General Commercial — Multiple -Family Dwelling) District located at 8180 Eastex Freeway, Unit 2. Baptiste Brunner is requesting a Specific Use Permit to allow a bar at 8180 Eastex Freeway, Unit 2. Mr. Brunner states that his business will primarily consist of take-out or drive-thru customers. The existing strip center is currently occupied by a convenience store in Unit 1. Seating will only consist of four (4) seats at the bar. Existing parking is adequate for these uses. At a Joint Public Hearing held on January 24, 2022, the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow a bar in a GC -MD (General Commercial — Multiple -Family Dwelling) District. Approval of the.ordinance. Mayor Pro Tern Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BAR IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 8180 EASTEX FREEWAY, UNIT 2 IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-010 Minutes — February 1, 2022 7. Consider approving a contract with PfP Abatement Group, LLC of Houston for the asbestos abatement of the structure located at 555 Main Street. The city requested proposals for the asbestos abatement of the structure located at 555 Main Street in preparation for the building's demolition. Twelve vendors were notified; nine bids were received. PfP Abatement Group, LLC provided the low qualified bid in the amount of $259,572.80 with 60 calendar days to complete the work. Funds will come from the Capital Program. Approval of the resolution. Councilmember Neild moved to ADOPT A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO PFP ABATEMENT GROUP, LLC, OF HOUSTON, TEXAS, IN THE AMOUNT OF $259,572.80, FOR THE ASBESTOS ABATEMENT OF THE STRUCTURES LOCATED AT 555 MAIN STREET; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH PFP ABATEMENT GROUP, LLC, OF HOUSTON, TEXAS. Mayor Pro Tem Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, TURNER, FELDSCHAU AND NEILD NAYS: COUNCILMEMBER GETZ MOTION PASSED Resolution 22-041 Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments. COMMENTS * Public Comments (Persons are limited to three minutes) Ashley Broertges 7659 Boardwalk Lumberton TX Stated that the City of Beaumont and the surrounding area needs a place for both children and adults to relax and to do things together, Tyrrell Park Riding Stables provides that place, stated that Tyrrell Park Riding Stables used to have,a Christmas Parade and everyone would decorate their horses with Christmas lights, she and her mother both enjoyed seeing the children and adults riding through the park with their decorated horses, commented on how well the horses were treated and taken care of by a veterinarian as well as horses being rescued from being slaughtered, thanked Tyrrell Park Riding Stables for all that they do Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS Minutes — February 1, 2022 COUNCILMEMBER NEILD - NONE MAYOR PRO TEM SAMUEL - NONE COUNCILMEMBER FELDSCHAU - NONE COUNCILMEMBER TURNER - STATED THAT TODAY IS THE FIRST DAY OF BLACK HISTORY MONTH, URGED EVERYONE TO GET OUT AND CELEBRATE AND SUPPORT BLACK OWNED BUSINESSES, IT'S VERY HISTORIC FOR THE COMMUNITY, APPRECIATES ANY SUPPORT THAT THE COMMUNITY CAN GIVE, THANKED ALL OF THE ICONS AND LEGENDS THAT PAVED THE WAY FOR WHERE WE ARE TODAY COUNCILMEMBER GETZ - NONE COUNCILMEMBER DURIO - STATED THAT HIS MOTHER MARY DURIO IS IN ICU AT BAPTIST HOSPITAL, ASKED THAT EVERYONE KEEP HIM AND HIS FAMILY IN PRAYER, THEY WILL HAVE TO MAKE SOME HARD DECISIONS SOON CITY ATTORNEY REED - NONE CITY MANAGER HAYES - NONE MAYOR MOUTON - STATED THAT TODAY IS THE FIRST DAY OF BLACK HISTORY MONTH, AND THAT SHE'S SITTING IN A BLACK HISTORY MOMENT AS WELL AS THE NEWLY APPOINTED CITYATTORNEY, SHARAE REED, ALSO STATED THAT, THERE ARE A LOT OF EVENTS THAT WILL BE HAPPENING THROUGHOUT THE MONTH OF FEBRUARY, EXCITED ABOUT ALL OF THE EVENTS THAT WILL BE GOING ON Open session of meeting recessed at 2:01 p.m. EXECUTIVE SESSION Deliberate the appointment, employment and duties of the Interim City Manager position in accordance with Section 551.074 of the Government Code -Personnel Matters; Closed Meeting. The City Council will interview the following individuals for the In position: Bart Bartkowiak Chris Catalina Chris Boone Earl White Ro Mouton,�Pyor &:MM �" Tina Broussard, City Clerk Manager Minutes — February 1, 2022