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Home My WebLink About03/29/2022 MINBEAUM:ONT 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 11 Audwin Samuel, Mayor Pro Tern March 29, 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 March 29, 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 items 2 & 3 Mayor Mouton called the council meeting to order at 1:30 p.m. Reverend Amy Walker with Wesley Foundation Campus Ministry at Lamar University 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 (arrived at 1:34 p.m.) and Neild. Absent: Kyle Hayes, City Manager.. Also, present were Chris Boone, Planning and Zoning Director; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions Presentation —. Audit Committee Presentation — Patrick Simmons, CPA a. partner with Whitley Penn, CPA., of Houston Texas "Seventy -Fourth Neches River Festival Week" — March 29-April 10, 2022 — Proclamation read by Mayor Mouton; accepted by Mitch Toups — President LXXIV, Ashley Tortonce Messina, Social Chairman LXXIV and Molly Moore, Executive Director Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments. Public Comment: Persons may speak on the Consent Agenda and Agenda Items 2 & 3. None Minutes — March 29, 2022 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 March 22, 2022, City Council Meeting Minutes B. Approve a resolution changing authorized signatories for any -institution the City,Council has already designated or may designate as a depository for the City of Beaumont for banking and granting authority to initiate and approve electronic funds (wires) orACH transfers of any City funds on deposit at Wells Fargo and Allegiance Bank - Resolution 22-093 C. Approve a resolution requesting a change in investment authority for the City of Beaumont - Resolution 22-094 D. Approve a resolution changing authorized representatives for Texas Range Investment Program - Resolution 22-095 E. Approve a resolution changing authorized representatives for Texas Local Government Investment Pool (TexPool), a public funds investment pool - Resolution 22-096 Councilmember Getz 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 Consider a request for a Specific Use Permit to allow a middle school and high school in the GC -MD (General Commercial — Multiple -Family Dwelling) District located at 6490 Phelan Boulevard. Harmony Public Schools is requesting a Specific Use Permit to allow a middle school and high school at 6490 Phelan Boulevard. Plans are to build a 100,000 square foot building to house a new secondary school with 750 students and 106 staff members. The campus is expected to function similar to a traditional public school in terms of hours of operation. A left turn bay (median cut) will need to be provided by the developer for east bound traffic on Phelan Blvd. to access the main entrance to the school. Drainage calculations and a traffic impact analysis will need to be provided along with the permit application demonstrating that the proposed development will have no negative impacts on the surrounding area. The submitted site plan appears to include drainage detention in Drainage District #6's easement. Detention will not be allowed in the easement. Minutes — March 29, 2022 In addition, the proposed school will be adjacent to residentially zoned property to the north, east and west. Although trees are shown along the north and west property lines, they do not meet Ordinance requirements. Per City Ordinance an eight (8) foot tall, wood or masonry privacy fence and a ten (10) foot wide landscaped buffer is required along those property lines. The landscaped buffer shall have one (1) class A or two (2) class B trees every twenty- five (25) linear feet. At a Joint Public Hearing held on March 21, 2022, the Planning Commission recommended 9:0 to approve the request for a Specific Use Permit to allow a middle school and high school in the GC -MD (General Commercial - Multiple -Family Dwelling) District located at 6490 Phelan Boulevard with the following conditions: 1. Provide drainage calculations showing no negative impact. Adequate detention volume must be incorporated which will maintain existing conditions of runoff. The DD#6 easement on the east side of the property may not be used for detention. 2. Provide a left turn bay (median cut) for east bound traffic on Phelan Blvd. 3. Provide a traffic analysis showing no significant negative impact. 4. Provide landscaping to meet City Ordinance requirements. 5. The lighting be designed such to minimize impact on surrounding residential properties. Approval of the ordinance with the following conditions: 1. Provide drainage calculations showing no negative impact. Adequate detention volume must be incorporated which will maintain existing conditions of runoff. The DD#6 easement on the east side of the property may not be used for detention. 2. Provide a left turn bay (median cut) for east bound traffic on Phelan Blvd. 3. Provide a traffic analysis showing no significant negative impact. 4. Provide landscaping to meet City Ordinance requirements. 5. The lighting be designed such to minimize impact on surrounding residential properties. COuncilmember.Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MIDDLE SCHOOL AND HIGH SCHOOL IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 6490 PHELAN BOULEVARD, WITH THE CONDITIONS, 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 22-019 2. Consider an ordinance authorizing the suspension of the effective date of CenterPoint Energy's proposed rate increase until June 16, 2022. Minutes — March 29, 2022. On March 3, 2022, 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 2, 2022. 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 16, 2022, in order to review the company's filings for compliance with the Gas Utility RegulatoryAct. 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. Mayor Pro Tern Samuel moved to ADOPT 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 TEXASGAS ("CENTERPOINT" OR "COMPANYCOMPANY'S GAS RELIABILITY INFRASTRUCTURE PROGRAM ("GRIP" FILING MADE WITH THE CITY ON MARCH 3, 2022; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, AND DECLARING AN EFFECTIVE DATE. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-020 3. Consider an ordinance authorizing the suspension of the effective date of Texas Gas Service's proposed rate increase until May 26, 2022. On February 10, 2022, 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 11, 2022. 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 26, 2022, 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. Minutes — March 29, 2022 All reasonable expenses associated with rate cases are reimbursable by the company. Approval of resolution. Councilmember Neild moved to ADOPT AN ORDINANCE OF THE CITY OF 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 10, 2022; 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 Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-021 PUBLIC HEARING Receive comments to hear applicant requests for funding from the 2022 Community Development Block Grant Program Public Hearing Open: 2:014 p.m. Carl White 4655 Alicia St. Spoke on behalf of Landmanor Inc. Daniel Jeans 2509 Cable Ave. Spoke on behalf of The H.O.W. Center Brittani Collins 3800 Park Ln. Spoke on behalf of Legacy CDC/Tender Loving Care Kaylee Henry 3380 Fannin Spoke on behalf of Girl's Haven Mark Smith 9120 Mockingbird Ln. (No organization on the list) Barbara Newhouse 3845 MLK Parkway Spoke on behalf of SETX Foodbank Beaumont TX Beaumont TX PortArthur TX Beaumont TX Beaumont TX Beaumont TX Minutes — March 29, 2022 Janci Kimball 4590 Concord Rd. Beaumont TX Spoke on behalf of Nutrition and Services for Seniors Norma Sampson 2390 Dowlen Spoke on behalf of Julie Rogers Gift of Life Imogene Chargois 20 N. 11t" St. Spoke on behalf of I.E.A (Inspire, Encourage and Achieve) Paula O'Neal 590 Center St. Spoke on behalf of Henry's Place/Some Other Place Robin Pearson 855 S. 8t" St. Spoke on behalf of Shorkey Center Jonathan Williams 4045 Treadway #2405 Spoke on behalf of the Center for the Performing Arts Shadye Vaughns/Annette Edwards 2449 Calder Ave. Spoke on behalf of CASA of SETX Christal Maxwell 7941 Katy Freeway #281 Spoke on behalf of N'Fungotah Vanessa Williams 680 North St. Spoke on behalf of I.S.W.N. (International Spiritual Warfare Network) Beaumont TX Beaumont TX Beaumont TX Beaumont TX Beaumont TX Beaumont TX Houston TX Beaumont TX Paula Hall 2060 Irving Beaumont TX Spoke on behalf of SETX Family Resources Center Public Hearing Close: 3:00 p.m. DISCUSSION ITEM Review and discuss the various Boards, Commissions and Committees specified in the Code of Ordinances Share Reed, City Attorney reviewed and discussed the various Boards, Commissions and Committees specified in the Code of Ordinances. Ms. Reed stated that the city has several different boards. The boards that were discussed are listed below: Minutes — March 29, 2022 Civil Service Board 3-member board 2-year term served Board meets as required to hear Police and Fire exam challenges, grievance appeals and fit for duty hearings Board of Adjustment 5-member board 4-alternate board members Board meets every 1st Thursday to hear appeals from applicants requesting a review of a staff decision regarding enforcement, and to hear request for special exceptions, variance, and other modifications/relief from zoning requirements Planning Commission 9-member board 3 alternate board members Members serve 2-year terms that expire on September 30th of odd -numbered years Commission meets the 3rd Monday of each month to help maintain the zoning regulations and comprehensive plan for the city Construction Board of Appeals 7-member board (one architect, one engineer, one member at -large from the building industry and the public, one building contractor, and two members from fire service and fire safety professions Members serve 2-year term Board meets as needed to hear appeals from decisions made by the Building Official or Fire Marshal regarding the interpretation of the Code Historic Landmark Commission 12-member board 1 licensed attorney and architect, 1 member from the City Planning Commission, Beaumont Heritage Society, and Jefferson County Historical Commission, 1 professional historian, and 6 members at -large at with knowledge of architectural, archeological, cultural, social, economic, ethic, and political history of Beaumont Members are appointed by the City Council Members serve a 2-year term that expires September 30th of odd -numbered years Board meets 2nd Monday of each month The purpose is to recommend historic -cultural landmark preservation designations and districts and assist with the enforcement of the ordinance in those areas Community Development Advisory Committee 15-member board The mayor shall appoint 3 members Each councilmember shall appoint 2 members Members serve 2-year term that expires on September 30th of odd -numbered years Committee meets 3 times a year City Manager or his designee shall serve as Secretary and be a nonvoting member The purpose is to make recommendations regarding community development, housing assistance plans, and objectives for community development block grant program Minutes - March 29, 2022 Convention and Tourism Advisory Board 16-member board The mayor shall appoint 4 members Each councilmember shall :appoint 2 members Members must belong to one of the 8 occupational: hotel/motel, restaurant, museum - attraction, travel, advertising, media, Chamber of commerce, and Lamar University Members serve 2-year term that expires on September 30th of odd -numbered years Board meets 3rd Thursday of each month The purpose is to assists in developing' convention and tourism goals and objectives, devising marketing strategies in furtherance of those goals and objectives, and participate in the creation of the annual budget for convention and tourism activities Library Commission 9-member board The mayor shall appoint 3 members Each councilmember shall appoint 1 member Members serve 2-year term that expires on September 30 of odd -numbered years Commission meets bi-monthly The purpose is to assist in creating programs for library services and development, make recommendations for improvements based on current trends and changes Animal Care Advisory Committee 7-member board Composed of the City veterinarian, the animal care manager, a representative from the police department, a representative from an animal welfare organization, and 3 residents at large as recommended by the mayor Members serve 2-year term that expires on September 30th of odd -numbered years Committee shall meet at least three times a year` The purpose is to make recommendations regarding the rules and regulations about the operations of the animal care facility and animal control issues within the city Parks and Recreation Advisory Committee 14-member board Mayor and Council each appoint 2 members` Council shall name one of the members as Chair Members serve 2-year term that expires on September 30 of odd -numbered years Committee meets quarterly The purpose is to assist in creating programs for parks and recreation services, make recommendations for improvements based on current trends and changes Police Department Community Advisory Committee 15-member board The mayor shall appoint 3 members Each councilmember shall appoint 2 members Members are required to attend the Citizens Police Academy and participate in a ride -along Members serve 2-year term that expires on September 30th of odd -numbered years Committee meets every 31d Monday of each month The purpose is to enhance citizen understanding, communication, and cooperation between the police department and the community Minutes - March 29, 2022 Beaumont Housing Authority Commission 5-member board The .mayor appoints all 5 board members 2 of the members shall serve 1-year terms and 3 of the members shall serve 2-year terms; this designation is made at the time of appointment Committee meets on the last Thursday of each month The Purpose is to.provide affordable housing opportunities within the city Additional Boards and Commissions The city currently has 8 additional boards, commissions, and committees Beaumont Youth Advisory Council* Community Development Advisory Committee Small Business Revolving Loan Fund Board ** Convention and Tourism Advisory Board Library Commission Animal Care Advisory Committee Parks and Recreation Advisory Committee Police Department Community Advisory Committee The mayor shall appoint the Chair and Vice Chair otherwise COMMENTS when the ordinance does not state Public Comments (Persons are limited to three minutes) Dora Nisby 4520 Corley Beaumont TX Stated that she's the Chairman of the Library Commission and has been for many years, the Library Commission works on behalf of all of the citizens of Beaumont, they meet on.a regular basis, works closely with the staff, they work as volunteers wherever and whenever needed, the commission wants a good library system for the entire city, pleased that they have the branches of libraries that's strategically placed in the community so that they can render a variety of services for all of the citizens, the city has an excellent library staff as well as managers, the managers at every library hold a MLS degree which is rare, not many cities can say they have MLS degreed library managers 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 Minutes — March 29, 2022 COUNCILMEMBER DURIO - COMMENTED ON HIS ATTENDANCE OF THE 100 BLACK WOMEN'S ANNUAL BANQUET OVER THE WEEKEND, SARAH STREET WELLNESS CENTER PUT ON AN EVENT FOR THE BEAUMONT UNITED BASKETBALL TEAM, IT WAS GREAT AND WELL ATTENDED, ENCOURAGED EVERYONE TO VISIT THE SOUTH TEXAS STATE FAIR CITY ATTORNEY REED - NONE CITY MANAGER HAYES - ABSENT INTERIM CITY MANAGER BOONE NONE MAYOR MOUTON - COMMENTED ON HER ATTENDANCE OF THE 100 BLACK WOMEN'S ANNUAL BANQUET OVER THE WEEKEND, STATED THAT THE SARAH STREET WELLNESS CENTER PUT ON A COMMUNITY EVENT FOR BEAUMONT UNITED BASKETBALL TEAM, IT WAS WELL.ATTENDED, MR. TROY MARSAW HAS KEPT HIS COMMITMENT TO UTILIZING THE FACILITY NOT ONLY FOR A MEDICAL FACILITY FOR THE COMMUNITY BUT TO GIVE BACK TO THE COMMUNITY, ENCOURAGED EVERYONE TO ATTEND .THE SOUTH TEXAS STATE FAIR, THE LAST DAY WILL BE SUNDAY APRIL 3, 2022, ASKED THAT EVERYONE GO OUT AND SPREAD THE LOVE Open session of meeting recessed at 3:43 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Gajanan Hotel Group d/b/a Fairfield Inn DAV RAJ Brothers d/b/a Courtyard by Marriott Claim of Delisa Robertson To. discuss and/or deliberate economic development negotiations in accordance with Section 551.087 of the Government Code to wit; specifically: Project Deep Blue Project Mercury Ro in Mouton, Mayor C Tina 6roussard, City Clerk if,: (11 Minutes — March 29, 2022