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HomeMy WebLinkAbout03/07/2023 MINT E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner Jr., At -Large ROBIN MOUTON, MAYOR Randy l`eldschau, At -Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III MARCH 7, 2023 Chris Durio, Mayor Pro Tom Tina Broussard, City Clerk Kenneth R. Williams, 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 7, 2023, 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 1-11 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Beth Graham with First Christian 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, Councilmembers Getz, Turner, Feldschau, Samuel and Neild. Absent: Mayor Pro Tern Durio. Also, present were Kenneth Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "Pioneering Women" — Proclamation read by Mayor Mouton; accepted by Georgine Guillory, Founder 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 1-11 James Eller 3585 E. Lucas Dr. Beaumont TX Spoke regarding Item B on the consent agenda; confirmation of board and commission member appointments; and item #10 on the agenda; unsafe structures 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 — March 7, 2023 A. Approval of the February 21, 2023, City Council Meeting Minutes B. Confirmation of board and commission member appointments - Resolution 23-067 Spencer Jabbia would fill the unexpired term of Taher Quraishi on the Planning and Zoning Commission. The term would commence March 7, 2023, and expire September 30, 2023. (Councilmember Taylor Neild) C. Authorize the City Manager or his designee to reenter into a Cooperative Working Agreement with the Rape and Suicide Crisis Center of Southeast Texas, Inc. Resolution 23-068 D. Authorize the City Manager to execute an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) - Resolution 23-069 E. Authorize the City Manager to execute a ground lease agreement with Ben Broussard for property located at the Beaumont Municipal Airport - Resolution 23-070 F. Authorize the City Manager to authorize final payment to LD Construction and award the remaining contract amount to Gulf Coast, a CRH Company, for the Street Preservation Citywide Phase I Project - Resolution 23-071 G. Authorize the City Manager to authorize final payment to LD Construction and award the remaining contract amount to Gulf Coast, a CRH Company, for the Street Rehabilitation Citywide Phase IV Project - Resolution 23-072 H. Adopt an Electronic Signature Policy - Resolution 23-073 Councilmember Neild moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED AGENDA Consider authorizing the City Manager to execute the earnest money contract and all related documents for the sale of a 0.8439-acre city -owned property located at 125 Magnolia. On January 10, 2023, the City Council passed Resolution No. 23-020 authorizing the City Manager to negotiate the sale or lease of the property located at 125 Magnolia. Tideland Specialty, Ltd. submitted an offer of $300,000 for the sale of 125 Magnolia and would pay all closing costs. After reviewing the offer, it is in the best interest of the City of Beaumont to retain the parking lot for the Lakeside Center. Tideland Specialty Ltd has agreed to modify its offer to allow the city to retain the parking lot. Minutes — March 7, 2023 Tideland Specialty Ltd will deposit $50,000 as earnest money to Sutton Land of Texas, LLC with a closing date within 7-10 days. Administration is in favor of the City accepting the Earnest Money Contract in the amount of $50,000 with a cash offer of $175,000.00. In addition, Tideland Specialty, Ltd wants to grow downtown Beaumont and be a part of the growth and revitalization as well and have agreed to exchange property with the City in the next few months to allow the City to grow the area near the Event Centre and the Lakeside Center. Approval of resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN EARNEST MONEY CONTRACT WITH TIDELAND SPECIALTY, LTD., FOR THE SALE OF PROPERTY LOCATED AT 126 MAGNOLIA STREET. Councilmember Turner seconded the motion. AYES; MAYOR MOUTON, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-074 2. Consider approving a contract with Infrastructure Management Services (IMS) for pavement management and asset management solutions to be used by the Public Works Department. The Public Works Department plans and manages the maintenance and rehabilitation of six hundred and forty-four (644) miles of City Streets. Key functions for planning and management are the collection and organization of accurate data, analysis Of roadway conditions, integration of GIS, and forecasting of maintenance based on anticipated budgets. Data collected will include pavement surface distress and structural condition information as well as asset identification for tracking. The data will help to identify and prioritize needs, predict future conditions, and assess costs and benefits. The City's goal is to develop an updated Pavement Condition Index for each respective pavement asset. Also, as a part of the services provided by IMS, they will collect data and develop a database for the City of Beaumont's sidewalk infrastructure. With Resolution 11-327, on November 22, 2011, the City Council awarded a contract to IMS of Tempe, Arizona to provide pavement asset management services. With Resolution 19- 067, On March 19, 2019, City Council again awarded a contract to IMS of Tempe, Arizona to provide pavement asset management services. The administration is asking to continue using IMS for pavement management as a best value to the city in the estimated amount of $184,825.00. Funds will come from the Capital Program and Street Rehabilitation Program. Approval of the resolution. Minutes — March 7, 2023 Councilmember Samuel moved to APPROVE. A RESOLUTION THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH INFRASTRUCTURE MANAGEMENT SERVICES, LLC (IMS), OF TEMPE, ARIZONA, IN THE ESTIMATED AMOUNT OF $184,825.00 FOR STREET PAVEMENT MANAGEMENT SERVICES. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS; NONE MOTION PASSED Resolution 23-075 3. Consider amending Ordinance NO. 22-045 to remove condition number three (3) In August 2022, City Council approved a Specific Use Permit to allow a railroad spur for properties located on the northeast and west side of the 600 Black of Amarillo Street and the south side of the 2600 Block of Fannin Street subject to the following conditions: 1. Construct and eight (8) foot tall brick or masonry wall or berm along the east edge Of the new railroad tracks adjacent to the existing residential properties 2. A ten (10) foot wide landscaped strip with trees along the west perimeter of the new railroad track outside of the required wall or berm where existing trees cannot be preserved 3. Contingent on approval by Planning Office, BNSF participate in the City's rail crossing enhancement program by permitting pedestrian crossing at BNSF's rail line at Riverfront Park 4. Add trees abutting the proposed wall adjacent to existing residential properties BNSF Railway Company requests to move forward with their project to install rail spurs. Amending Ordinance No. 22-045 to remove condition number three (3) is necessaryto allow such. Approval of the amendment of the ordinance. Councilmember Samuel moved to ADOPTAN ORDINANCE ENTITLED AN ORDINANCE AMENDING TO REMOVE CONDITION NUMBER THREE (3) ON A SPECIFIC USE PERMIT TO ALLOW A RAILROAD SPUR IN AN RS (RESIDENTIAL SINGLE-FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED ON THE NORTHEAST AND WEST SIDES OF THE 600 BLOCK OF AMARILLO STREET AND THE, SOUTH SIDE OF THE: 2600 BLOCK OF FANNIN STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE Minutes — March 7, 2023 MOTION PASSED Ordinance 23-015 4. Consider approving a request for a Specific Use Permit to allow a church in the LI (Light Industrial) District located at 5750 S. Martin Luther King Jr. Parkway. Property owner, Ronnie Wallace, is requesting a Specific Use Permit to establish a church at 5750 S. Martin Luther King Jr. Parkway. This location was once used as a drinking place, formerly known as Bar 23. Mr. Wallace recently purchased the property and intends to begin a ministry. The building will be used for religious practices such as prayer services and outreach projects throughout the community. At a Joint Public Hearing held on February 20, 2023, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a church in the Ll (Light Industrial) District located at 5750 S. Martin Luther King Jr. Parkway, with the following conditions: 1. Appropriate signs and pavement markings shall be installed to update the ADA parking space to current standards. 2. Construction plans must meet all requirements by Water Utilities for any water and sewer improvements, including any requirements of the City's backflow, pre- treatment, and/or FOG program. Approval of the ordinance, with the following conditions: Appropriate signs and pavement markings shall be installed to update the ADA parking space to current standards. 2. Construction plans must meet all requirements by Water Utilities for any water and sewer improvements, including any requirements of the City's backflow, pre- treatment, and/or FOG program. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN LI (LIGHT INDUSTRIAL) DISTRICT AT 5750 S. MARTIN LUTHER KING JR., PARKWAY, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, COUNCILMIMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 23-016 5. Consider approving a request for a Specific Use Permit to allow a contractor office with fabrication and outside storage in the GC -MD (General Commercial -Multiple -Family) District located at 545 Center Street. Minutes -- March 7, 2023 Larissa Payton requests a Specific Use Permit to allow a contractor office with fabrication and outside storage at 545 Center Street. The intent of the business is to fabricate tiny homes and container homes on a trailer for easy delivery to clients. They will have two (2) to three (3) homes on display on the southeast corner of the property. This building does not have running water; as such they propose to have a portable bathroom onsite for customers and employees. They will employ one to six (6) individuals to staff the business with operational hours being Monday to Friday 8 a.m. to 5 p.m. They intend to emit noise of no greater than 100 decibels due to the use of a table saw. At a Joint Public Hearing held on February 20, 2023, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a contractor office with fabrication and outside storage in the GC -MD (General Commercial -Multiple - Family) District located at 545 Center Street, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre- treatment, and/or FOG program as well as all applicable Building and Fire Codes. 2. All business operations shall be in compliance with Section 28.04.007 Performance standards. 3. All Building Code requirements shall be adhered to due to the change in occupancy, including water and sanitary sewer services. 4. Shall be in compliance with all applicable Fire Codes. Approval of the ordinance, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre- treatment, and/or FOG program as well as all applicable Building and Fire Codes, 2. All business operations shall be in compliance with Section 28.04.007 Performance standards. 3. All Building Code requirements shall be adhered to due to the change in occupancy, including water and sanitary sewer services. 4. Shall be in compliance with all applicable Fire Codes, Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CONTRACTOR OFFICE IN A GC -MD (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 545 CENTER STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE Minutes — March 7. 2023 MOTION PASSED Ordinance 23-017 6. Consider approving a request for a Specific Use Permit to allow a paint and body shop in the GC -MD (General Commercial -Multiple -Family) District located at 6255 Concord Road. Lesley Reel, on behalf of Caliber Collision, is requesting a Specific Use Permit to allow a paint and body shop at 6255 Concord Road, Caliber Collision has facilities nationwide. Hours of operation would be Monday through Friday, 7:30 a.m. to 5:30 p.m. This business will be an automotive repair shop with operations such as glass and auto body repairs, painting, etc. At a Joint Public Hearing held on February 20, 2023, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a paint and body shop in the GC -MD (General Commercial -Multiple -Family) District located at 6255 Concord Road, with the following conditions: Constructions plans must meet all requirements of Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. 2. A net -zero increase in the runoff will be required to ensure the runoff from the proposed conditions matches the existing conditions for the 100-year storm event using Atlas 14 rainfall data, per Drainage District 6. 3. Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 4. Install a five (5) foot wide sidewalk along Concord Road and Judy Lane. Approval of the ordinance, with the following conditions: 1. Constructions plans must meet all requirements of Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. 2. A net -zero increase in the runoff will be required to ensure the runoff from the proposed conditions matches the existing conditions for the 100-year storm event using Atlas 14 rainfall data, per Drainage District 6. 3. Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 4. Install a five (5) foot wide sidewalk along Concord Road and Judy Lane. Councilmember Neild moved to ADOPT ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PAINT AND BODY SHOP IN A GC -MD (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 6255 CONCORD ROAD, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. Minutes — March 7, 2023 AYES: MAYOR MOUTON, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 23-018 7. Consider approving a request to Rezone a portion of property from RS (Residential Single - Family Dwelling) to RM-M (Residential Multiple Family -Medium Density) or more restrictive district for property located at 6730 Concord Road. Deborah Tomov of Family Services of Southeast Texas is requesting a zone change to a 0.38 portion of property located east of 6730 Concord Road, Ms. Tomov would like to rezone the property from RS (Residential Single -Family Dwelling) to RM-M (Residential Multiple Family — Medium Density). If granted, the property owner will use the 0.38 portion of land for a driveway to access a future multi -family development. According to our City's Comprehensive Plan the property is located within the "Parkdale Mall Regional Center". Regional Centers "may include hospitals, branch libraries, governmental agencies, major office complexes, regional shopping centers, and higher density residential development." This request appears to align with our City's Comprehensive Plan of Beaumont. At a Joint Public Hearing held on February 20, 2023, the Planning Commission recommended 6:01 to approve the request to rezone a property from RS (Residential Single - Family Dwelling) District to RM-M (Residential Multiple Family Dwelling -Medium Density) District for property located at 6730 Concord Road. Approval of the ordinance. Councllmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRCITS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RMH (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 6730 CONCORD ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 23-019 Minutes — March 7, 2023 8. Consider approving a request for a Specific Use Permit to allow the expansion of a church in the RCR (Residential Conservation Revitalization) District located at 1685 Pennsylvania Street. Aaron Ward, on behalf of Adrian Hopkins with Christ Mission Temple, requests a Specific Use Permit to expand the church located at 1685 Pennsylvania Street. The site has an existing structure being used as a church and they wish to add an activity building south of it. The church holds weekly services on Sunday, Monday, and Wednesday. According to the City's Comprehensive Plan, this property is located within the "Conservation and Revitalization" area. Such areas are, "built up areas where a significant portion of the area is experiencing influences such as incompatible land uses, dilapidated structures, a deteriorating or poor public infrastructure, and a decline in population and in the number of housing units and businesses. Immediate actions are needed to prevent continued deterioration and to reverse and repair those conditions." At a Joint Public Hearing held on February 20, 2023, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow the expansion of a church in the RCR (Residential Conservation Revitalization) District located at 1685 Pennsylvania Street, with the following conditions: Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre- treatment, and/or F.O.G. program. 2. Construction plans must meet all Fire and Building Codes requirements. Approval of the ordinance, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre- treatment, and/or F.O.G. program. 2. Construction plans must meet all Fire and Building Codes requirements. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF A CHURCH IN AN RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT AT 1685 PENNSYLVANIA, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS; NONE MOTION PASSED Ordinance 23-020 Minutes — March 7, 2023 9. Consider approving a request to extend the deadline to allow a Substance Abuse Treatment Facility at 4655 Collier Street, as approved in June of 2018. Land Manor, Inc. is requesting an extension for the Specific Use Permit issued in June of 2018, to allow a Substance Abuse Treatment Facility on property located at 4655 Collier Street. The City of Beaumont Zoning Ordinances, Section 28.04.001(g) Specific Use Permits, states, "Extensions of time for good cause may be approved by the city council." In June of 2018, City Council approved ordinance number 18-030 for a Specific Use Permit to allow a Substance Abuse Treatment Facility with the following conditions: Thirty-two (32) off-street parking spaces will be required including two (2) ADA spaces, one being van accessible, ADA compliant access isle and ramps must also be installed. 2. Structure must be brought up to Fire code per occupancy (IFCICity Ordinances). 3. Operators must provide adequate security for this facility. 4. Facility will treat only male adolescents from ages 12-17. The applicant is requesting additional time due to delays caused by the COVID-19 pandemic, lack of funding and staffing resources caused by a shift in priorities. The Administration recommends approval of the ordinance with a new deadline of March 7, 2024, with the following conditions: 1. Thirty-two (32) off-street parking spaces will be required including two (2) ADA spaces, one being van accessible, ADA compliant access isle and ramps must also be installed. 2. Structure must be brought up to Fire code per occupancy (IFCICity Ordinances). 3. Operators must provide adequate security for this facility. 4. Facility will treat only male adolescents from ages 12-17. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW A SUBSTANCE ABUSE TREATMENT CENTER IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT LOCATED AT 4666 COLLIER STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Minutes — March 7, 2023 Ordinance 23-021 PUBLIC HEARING Dangerous Structures Public Hearing Open: 2:09 p.m. Public comments were made by the following citizens who personally appeared and requested additional arrangements for their property. Karina Huerta 1625 St. Augustine Ave. Port Arthur TX tem #2 1580 Avenue G Mervin Douglas 4110 Congress Beaumont TX Item #20 1370 Lavaca James Callas 5375 Rosemary Dr. Beaumont TX Item #22 2485 Magnolia James Eller 3587 E. Lucas Dr. Beaumont TX Item #10 2332 Avalon Public Hearing Close: 3:08 p.m. 10. Consider an ordinance to declare 39 structures to be unsafe structures and orderthe owners to raze the said structures within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by the City Council to enroll in a work program, all delinquent taxes shall be paid in full, or a -payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within 10 days after the effective date of this ordinance. These structures have been inspected by the Building Codes Department and found to be unsafe structures as defined by the City of Beaumont's Code of Ordinances, Chapter 24.04 unsafe substandard structures, Division 1, Sec. 14.04.001 of the 2015 International Property Maintenance Code. Additionally, these structures have deteriorated to a condition that they are no longer considered suitable for repair. Sources may include General Funds and Community Development Block Grant (CDBG) funding. Approval of the Ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AS WELL AS TO ALLOW PROPERTY OWNERS OF ITEMS # 2, 10, 20 AND 22 TO ENTER INTO A 150 DAY WORK PROGRAM ON Minutes — March 7, 2023 THE DANGEROUS STRUCTURE LIST, PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, COUNCILMEMSERS GETZ, 'TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 23-022 COMMENTS Public Comments (Persons are limited to three minutes) Charles Moore 1995 McFaddin Ave. Beaumont TX Stated that he lives at the corner of 4th St., and McFaddin, his neighbors are the McFaddin Ward House, Broussard's Mortuary and a vacant lot, in October of last year an illegal tent was setup on the vacant lot, this situation has generated a lot of calls to the city and the police by himself and Broussard's Mortuary, the Code Enforcement Department and the Police Department say their hands are tied, the Health Department stated they won't get involved if it's three people or less, in November a city trash can appeared on the property overnight, Mr. Moore assumed that the trash can was stolen like numerous grocery store shopping carts that are on the property, on February 14, 2023, the trash can was moved to the curb for pickup service, due to their being no utilities he called the Sanitation Department who stated that yes it was illegal and the trash can would be picked up, one week passed and the can was still there, he called the Sanitation Department after visiting the office and bringing pictures of the trash can and was told that the supervisor stated that the city would continue to service the trash can, he left his name and number and asked that the supervisor return his call, he has never received a return phone call, has concerns about what is being put in the trash can, he has the pleasure of watching someone urinate on his neighbors fence as he looks out his kitchen window, on March 3, 2023, he learned that Mr. Jim Broussard called the Sanitation Department regarding this same issue, no matterwhatwas stated to the Sanitation Department their response was they are aware of the can, the Sanitation Department is abetting and enabling an illegal setup, asked if he could setup a tent in his yard and not pay his utilities James Callas 5375 Rosemary Ln. Beaumont TX Thanked Council and offered a blanket apology to Councilmember Samuel, stated that he's been doing a lot of things that the city has required him to do, Inspector Boykin with Code Enforcement came and visited lots 1 and 3 on Monday at 2:00 p.m., both lots are 100% clear, he has moved a 14 foot cargo trailer onto lot 2 to take care of that lot, wants to do one project at a time and would like to put houses on the three lots he has, he wants to put people in houses and move back to Beaumont, stated to the Mayor that he hopes her daughter is doing well Caleb Green 2508 Laurel Ave. Beaumont TX Minutes -- March 7, 2023 Stated that he has had some very expensive water bills dating back to last year 2022, he's tried to get them resolved through Water Customer Service on several occasions, staff stated to him that the department that reviewed his bill of receipt from the leak and detection repair that he had done and had to pay for was denied, it was stated to him that it was denied because there's no supervisor at a unspecified department, asked for some guidance or assistance Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - NONE COUNCILMEMBER SAMUEL - STATED THAT THERE WAS A LOT GOING ON IN BEAUMONT THIS WEEKEND, COMMENTED ON MURAL FEST AND HOW WELL IT WAS ATTENDED, AS WELL AS L.A. PRODUCTIONS THAT PUT ON THE CAR AND BIKE SHOW AT TYRELL PARK, IT WAS A HUGE SUCCESS AND WELL ATTENDED, THE SYMPHONY OF SOUTHEAST TEXAS HAD PEABO BRYSON PERFORM IT WAS A GREAT SUCCESS, COMMENDED DEAN CONWELL AND THE CVB STAFF FOR ALL THAT THEY DO COUNCILMEMBER FELDSCHAU - NONE COUNCILMEMBER TURNER - COMMENTED ON A CITIZEN THAT APPROACHED HIM AT A GAS STATION WHO WAS UPSET DUE TO A COMPLAINT THAT THE CITIZEN INFORMED HIM ABOUT IN 2021, THE COMPLAINT WAS SENT TO STAFF AND STAFF ASSURED HIM THAT THE COMPLAINT WAS TAKEN CARE OF, THE CITIZEN SHOWED HIM PICTURES WHERE THE COMPLAINT WAS NEVER TAKEN CARE OF, THANKED MR. WILLIAMS AND STAFF FOR TAKING CARE OF THE ISSUE AS SOON AS HE INFORMED THEM, STATED THAT HE NEEDS TO HOLD STAFF ACCOUNTABLE FOR DOING WHAT THEY SAY THEY ARE GOING TO DO, ALSO COMMENTED ON MURAL FEST, STATED THAT IT'S ONE OF THE BIGGEST EVENTS THAT THE CITY OF BEAUMONT DOES, IT SHOWS THAT THE CITY IS MOVING IN A NEW DIRECTION, GAVE A SHOUT OUT TO STACY LEWIS SR., ON HIS IVY LOVE BASKETBALL YOUTH LEAGUE WHICH ENDED ON THIS WEEKEND, THANKED HIM FOR WHAT HE DOES FOR THE KIDS IN THE COMMUNITY, STATED THAT BEAUMONT UNITED IS GOING TO STATE FOR THE THIRD TIME, WISHED THEM LUCK, ALSO COMMENTED ON THE FIRST STRATEGIC PLANNING SESSION AND VISION FOR THE CITY OF BEAUMONT, THANKED CITY MANAGER, KENNETH WILLIAMS AND STAFF FOR THE PLAN TO SEE WHERE THE CITY WILL BE HEADED IN THE FUTURE, THANKED JOHNNY COCO WHO IS AN ARTIST AND HAS OVER 20,000 FOLLOWERS VIA SOCIAL MEDIA, WANTED TO LET HIM KNOW THAT HE HAS GREAT RESPECT FOR THE CULTURE AND THE COMMUNITY, THE CITY OF BEAUMONT IS PROUD OF HIM AND ENCOURAGED HIM TO KEEP CULTIVATING THE CULTURE Minutes -- March 7, 2023 MAYOR PRO TEM DURIO - ABSENT COUNCILMEM13ER GETZ - COMPLIMENTED CITY STAFF AS WELL AS MIN ❑AI FOR THEIR ROLL IN BRINGING MURAL FEST DOWNTOWN, CONGRATULATED THE BEAUMONT COMMUNITY PLAYERS ON THETHEIR PRODUCTION OF SISTERACT, IT'SA PLAYTHEYARE PUTTING ON AND HE HAD AN OPPORTUNITY TO PARTICIPATE IN THE PLAY, HE HAD A CAMEO ROLE AS THE POPE, IT WAS A LOT OF FUN, STATED THAT HE COULDN'T ATTEND THE SYMPHONY OF SOUTHEAST TEXAS ON SATURDAY NIGHT DUE TO HIS WIFE'S ILLNESS, UNDERSTANDS THAT ON VERY SHORT NOTICE THEY DID A GREAT JOB FINDING A REPLACEMENT ARTIST, SURE THE MAYOR HAS SOMETHING TO SAY ABOUT THAT HE WOULDN'T STEAL HER THUNDER CITY ATTORNEY REED - NONE ASSIST. CITY MANAGER BOONE - CONGRATULATED MIN DAI FOR PARTNERING WITH THE CVB, THERE WAS A LOT OF CITY SUPPORT FOR THE MURAL FEST, IT WAS A GREAT EVENT CITY MANAGER WILLIAMS - APOLOGIZED TO COUNCILMEMBER TURNER FOR HAVING TO GO THROUGH WHAT HE WENT THROUGH WITH THE. CITIZEN AT THE GAS STATION, INFORMED COUNCIL THAT WHENEVER A CITIZEN COMES TO THE PODIUM TO SPEAK AND THEY HAVE SOMETHING THAT THE CITY SHOULD DO, THE INFORMATION IS GATHERED AND CITIZEN IS CONTACTED TO FOLLOW-UP, THIS IS AN EMPLOYEE POLICY, THE ISSUES ARE BEING ADDRESSED WITH CITIZENS THAT COME BEFORE THEM, THANKED COUNCIL FOR THEIR PATIENCE AND TIME REGARDING THE STRATEGIC PLAN, GO BEAUMONT UNITED MAYOR MOUTON - THANKED MR. WILLIAMS AND STAFF FOR THE STRATEGIC PLANNING WORKSHOP, STATED THAT SHE ATTENDED DANCING WITH THE STARS, MURAL FEST AND THE SYMPHONY OF SOUTH EAST TEXAS FEATURING PEABO BRYSON, STATED THAT SHE ALSO HAS A CAMEO SPOT IN SISTER ACT AS THE POPE ON SATURDAY, MARCH 11, 2023, VERY EXCITED ABOUT THAT, WISHED BEAUMONT UNITED GOOD LUCK ON THEIR TRIP TO SAN ANTONIO FOR THE SEMI FINAL STATE PLAYOFF, ANNOUNCED THAT THERE WILL BE A CHARTERED BUS, IF ANYONE IS INTERESTED, KATE GILBERT WILL BE AT BEAUMONT UNITED'S MAIN GYM ON TODAY (MARCH 7, 2023), FROM 6:00 P.M., TO $:00 P.M., TO SIGN UP, THE BUS WILL BE LEAVING FOR SAN ANTONIO ON FRIDAY, MARCH 10, 2021, LEAVING AT 1:00 P.M., THE BUS FARE IS A $100.00, THAT DOESN'T INCLUDE THE TICKET FOR THE GAME, IF BEAUMONT UNITED WINS ON FRIDAY THE CHARTERED BUS WILL LEAVE ON SATURDAY, MARCH 11, 2023, AT 2:00 P.M., AGAIN IF ANYONE IS INTEREST PLEASE VISIT THE GYM TO SIGN UP Minutes — March 7, 2023 The Council recessed into Executive Session at 3:33 p.m. EXECUTIVE SESSION • Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: Specifically, land owned by the City of Beaumont at 701-555 Main, Beaumont, Jefferson County, Texas The Council reconvened out of Executive Session at 4:45 p.m. REGULAR AGENDA 11. Consider rejecting a proposal for the lease or purchase and redevelopment of the property located at 555 Main Street. The building and property located at 555 Main Street in downtown Beaumont was purchased by the City on July 21, 2021, in the amount of $2,785,000 with the intent of developing the Downtown Rive rfront area. Staff were requested by the Council to solicit proposals for the lease or purchase of the building and property for redevelopment. Nine developers were notified, and the project was advertised in various outlets. One proposal was submitted by SELEME LLC of Plano, Texas to develop apartments, a restaurant, bar, and fitness center. Staff recommends rejection of the proposal based on the following reasons: The proposed purchase price of $827,000 is less than half of the City's purchase price of the property. 1. Proposers did not meet the main requirements of the Request for Proposal which included providing a Level of Investment, a detailed budget, a construction budget, and proof of financial viability and capacity. 2. Proposers financing for the project is partially contingent upon unnamed and unsecured public grants and other City -related participation. 3. Proposers' four-year timeline to complete the project did not meet the City's required maximum timeframe of three years. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO REJECT THE PROPOSAL FOR THE LEASE OR PURCHASE AND REDEVELOPMENT OF THE PROPERTY LOCATED AT 555 MAIN STREET. Councilmember Feldschau seconded the motion. Minutes — March 7, 2023 AYES: MAYOR MOUTON, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-076 Open session of meeting recessed at 4:47 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Toye Frazier v City of Beaumont Cause No. E-206919 R in Mouton, I )ayor d Tina Broussard, City Clerk Minutesµ March 7, 2023