HomeMy WebLinkAbout03/14/2023 MIN-1T
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, Ward III March 14, 2023 Chris Durio, Mayor Pro Tem
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 14, 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 1-4
Mayor Mouton called the council meeting to order at 1:30 p.m.
Minister Cheryl Williams with Antioch 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 Tem Durio, Councilmembers Getz (arrived
at 1:36 p.m.), Turner, Feldschau, Samuel and Neild. Absent: Kenneth Williams, City Manager. Also
present were Sharae Reed, City Attorney and Tina Broussard, City Clerk.
Proclamations, Presentation, Recognitions
Recognition -- Honoring the Junior League of Beaumont— Accepting Cheri Dickerson
Presentation — Texans Helping Texans Recovery Fund — Mr. Paul Moore and Eric
Simpson
Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-4
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 March 7, 2023, City Council Meeting Minutes
Minutes — March 14, 2023
B. Approval of an annual contract for the purchase of aqua ammonia for use by the Water
Utilities Department - Resolution 23-077
C. Approval of a contract for the rental of vehicles to be utilized by the Police Department -
Resolution 23-078
D. Denial of CenterPoint Energy Resources Corporation proposed rates - Ordinance 23-023
E. Denial of Texas Gas Service Company proposed rates - Ordinance 23-024
F, Approval of the settlement of the claim of Henry Moore - Resolution 23-079
Councilmember Neild moved to approve the Consent Agenda, Mayor Pro Tern Durio
seconded the motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER,
FELDSCHAU, SAMUEL AND NEILD
NAYS: NONE
MOTION PASSED
/1110404117t1
Consider approving amendments to the Food and Food Establishments Ordinance
concerning signage, Sections Chapter 10, Section 10.02, 10.02.001, 10.02.002, 10.02.003,
10.02.004, 10.02.005, 10.02.006, 10.02.007, 10,02.008, 10.02.131, 10.02.132, 10.02.134,
10.02.135, 10.02.136, 10.02.138, and adding Subsections 10.02.009 and 10.02.010.
The previous ordinance passed on February 14, 2023, included incorrect chapter numbers
for the amendments being proposed. This ordinance identifies the correct chapter and
section numbers for the amendments so that they can be properly enrolled into Chapter 10.
Approval of the ordinance.
Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE
CITY OF BEAUMONT, AMENDING CHAPTER 10, SECTION 10.02 FOOD AND FOOD ESTABLISHMENTS,
SUBSECTIONS 10.02.001 GENERAL PROVISIONS, 10.02.002 MANAGEMENT AND PERSONAL,
10.02.003 FOOD, 10.02.003, 10.02.004 WATER PLUMBING AND WASTE, 10.02.005 PHYSICAL
FACILITIES, 10.02.006 POISONOUS OR TOXIC MATERIALS,10.02.007 REQUIREMENTS APPLICABLETO
CERTAIN ESTABLISHMENTS,10.02.008 COMPLIANCE AND ENFORCEMENT, 10.02.131 FOOD SERVICE
MANAGER'S CERTIFICATE PURPOSE, 10.02.132 CERTIFICATION REQUIRED, 10.02.134 ISSUANCE,
10.02.135 TERM, TRANSFER, 10.02.136 RENEWAL, 10.02.138 FEES, AND ADDING SUBSECTIONS
10.02.009 ADOPTION OF THE U.S. PUBLIC HEALTH SERVICE MACHINE VENDING ORDINANCE AND
10.02.010 PEDDLING, SELLING CERTAIN ITEMS IN PUBLIC PLACES PROHIBITED. Mayor Pro Tern
Durio seconded the motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER,
FELDSCHAU, SAMUEL AND NEILD
NAYS: NONE
Minutes —March 14, 2023
MOTION PASSED
Ordinance 23-013-A
2. Consider amending Chapter 22 of the Code of Ordinances Sections 22.02.001 and
22, 02.002.
On February 21, 2023, Council held a work session to discuss Water & Sewer Revenue,
Fund Balance and Operations. During the work session, a discussion was held regarding the
billing rates for apartment complexes and mobile home parks. Section 22.02.001 (d) and
Section 22.02.002 ((f) state the following for water and sewer service rates:
"Apartment complexes and mobile home parks with four (4) or more units shall be billed a
minimum monthly water service rate for 75% of the number of units at the 5/8-inch meter
rate. Additional usage above and beyond the minimum usage will be billed based on rates
set by this section."
Amending the Ordinance by removing part (d) from Section 22.02.002 and removing part (f)
from Section 22.02.002 would generate additional revenue estimated to be $775,000 per
year by charging 100% of all units the monthly minimum service rates.
Approval of the Ordinance.
Mayor Pro Tern Durlo moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING
CHAPTER 22, ARTICLE 22.02, SECTIONS 22.02.001, SECTION 22.02,002, OF THE CODE OF
ORDINANCES OF BEAUMONT, TEXAS TO REMOVE PART (D) FROM SECTION 22.02.001 AND REMOVING
PART (F) FROM SECTION 22.02.002. Councilmember Turner seconded the motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER,
FELDSCHAU, SAMUEL AND NEILD
NAYS: NONE
MOTION PASSED
Ordinance 23-025
3. Consider authorizing the City Manager to apply for the Energy Efficiency and Conservation
Block Grant through the State and Community Energy Program.
The Office of State and Community Energy Programs has announced a call for projects for
communities to apply forfunding assistance through the Energy Efficiency and Conservation
Block Grant Program (EECBG). The intended purpose of the program is to reduce energy
use, reduce fossil fuel emissions, and to improve energy efficiency. An eligible project
category is to conserve energy used in transportation such as the implementation of bike
lanes.
The proposed project for consideration consists of redesigning the layout of Magnolia Avenue
to consist of one travel lane in each direction, a center two-way left -turn lane, and dedicated
bike lanes. The existing layout promotes speeding which has been reported by numerous
citizens and confirmed by a traffic study indicating an 85th percentile speed of 43 mph with a
Minutes —March 14, 2023
traffic volume of about 2,500 vehicles per day. The proposed addition of dedicated bike
lanes will provide narrower travel lanes, which is anticipated to reduce excessive speeding
issues.
The total project cost is estimated to be $180,000.00 with a let date that is to be determined.
The program will cover all project costs up to $168,420.00, after which the city will be
responsible for any overruns, which are currently estimated to be $11,580.00. The submittal
deadline for the first application period is April 28, 2023.
The city, through this resolution, is indicating its willingness to apply for the EECBG Program,
and if awarded, commit to the project's development, implementation, construction
maintenance, management, and financing of all non -reimbursable costs, and 100% of
overruns should they occur.
Funding will come from 94% Federal Funding with the remaining 6% from the Capital
Program.
Approval of the resolution.
Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE
IS HEREBY AUTHORIZED TO APPLY FOR THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT
THROUGH THE STATE AND COMMUNITY ENERGY PROGRAM FOR THE REDESIGNING LAYOUT OF
MAGNOLIA AVENUE. Councilmember Turner seconded the motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER,
FELDSCHAU, SAMUEL AND NEILD
NAYS: NONE
MOTION PASSED
Resolution 23-080
4. Consider amending Resolution 23-066 in support of Abiding Grace, a proposed Housing Tax
Credit (HTC) project located in the 4200 Block of West Cardinal Drive, to reflect 61 units'
total.
Beaumont AG, LP, a subsidiary of ITEX of Houston, is proposing to apply to the Texas
❑epartment of Housing and Community Affairs (TDHCA) for funding to develop Abiding
Grace, a housing development, located in the 4200 block of West Cardinal Drive. Beaumont
AG, LP initially requested a resolution supporting a seventy -unit (70) development. The
council approved Resolution No. 26-066 on February 21, 2023.
However, Beaumont AG, LP has requested that Resolution 23-066 be amended to reflect
sixty-one (61) units.
Approval of the resolution amendment.
Councilmember Samuel moved to APPROVE A RESOLUTION OF THE CITY OF BEAUMONT, TEXAS (A)
AMENDING THE NUMBER OF UNITS FOR THE PROPOSED DEVELOPMENT; (B) EVIDENCING SUPPORT FOR
A PROPOSED DEVELOPMENT TO BE BUILT IN BEAUMONT; (C) AUTHORIZING A POSSIBLE AWARD OF
Minutes — March 14, 2023
HOUSING TAX CREDITS FOR THE DEVELOPMENT; AND (D) AUTHORIZING SUCH OTHER ACTIONS
NECESSARY OR CONVENIENT TO CARRY OUT THIS RESOLUTION. Mayor Pro Tem Durio seconded
the motion.
AYES. MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER,
FELDSCHAU, SAMUEL AND NEILD
NAYS: NONE
MOTION PASSED
Resolution 23-066-A
PUBLIC HEARING
• Receive comments on the amended Public Services and Public Facilities and Improvements
line items of the Consolidated Grant Program's 2021 Annual Action Plan to include
supplemental HOME ARP (American Rescue Plan).
Public Hearing Open - 2:45 p.m.
None
Public Hearing Close - 2:45 p.m.
COMMENTS
Public Comments (Persons are limited to three minutes)
Charles Moore 1995 McFaddin Beaumont TX
Stated that he spoke on last week regarding a trash can on vacant property, thanked staff for
the phone call, however, keeping the trash can on the property to stop trash from
accumulating on the property won't work, the can has been on the property since November
and has been put on the curb once, stated that he may have left the impression on last week
that this is a homeless issue, stated that it's not, the person that's on the property is a
criminal thug trying to terrorize the neighborhood, the person's name is Joseph Chapman
and his family owns the vacant lot, he's there with their approval, they bring him supplies,
picks him up when the weather is bad, he has nice clothes, cell phone and his personal
hygiene looks good, stated that Mr. Chapman's grandmother had a home on the property
and it burned down back in 2008, the grandmother believed that someone burned her house
down to run her off, Mr. Chapman states that he's there to set things right, he screams these
things at the top of his lungs and that's how he knows why Mr. Chapman is on the lot, all of
his calls to the police have been about threats and harassment, Mr. Moore stated that he
walks his dog on the sidewalk in front of the lot and Mr. Chapman accuses him of trespassing
and tries to force him in the street, he harasses the employees of Broussard's Mortuary as
well as citizens that visit Broussard's to take care of funeral needs, if you park your car next
to the curb in front of the lot he has something to say, the police has been called many times
regarding these incidents, Mr. Chapman has since been arrested for weapons violation and
was released, he's now in jail again for setting a fire in the Police Department because they
wouldn't give him his weapon back, stated that this situation is going to get bad and it won't
turn out good, needs some help
Minutes —March 14, 2023
Charlie Crabbe 928 East Drive Beaumont TX
Spoke to Council regarding street resurfacing, noticed that there's some resurfacing taking
place on Baker and Humble Rd. looks really nice and smooth, as well as resurfacing from
College St. to Pevito St., also resurfacing is needed on Abilene St. the street is so bad that
he couldn't believe the citizens that live on that street aren't complaining, Pennsylvania
needs attention as well, even though it's not highly used, mentioned several other streets that
are in need of repair
James Eller 3587 East Lucas Dr. Beaumont TX
Wanted to extend an olive branch regarding his conduct, knows that he needs to conduct
himself professionally, understands that Council has a hard job as elected officials, he knows
that they all have different ways of doing things, thinks that there's more of a frustration on
his end when he has concerns, an example was when he asked that the water be cutoff on
Thursday's and not Friday's so that people won't be without water over the weekend,
thanked Council for listening to him and making that change, thinks that Council should be
more in tune with citizens that live in their homes, no one wants to lose their home, there are
sidewalks that need to be completed that hasn't been done, just wanted to let Council know
that he appreciates them
Addie Allen 9695 Gross Beaumont TX
Stated that she has an issue with the Water Department regarding the new guidelines, stated
that information has been lax to the citizens, she tried to pay her water bill by following the
instructions and it didn't accept her account number, spoke with Mr. Simoneaux and
hopefully this will get fixed, the city has a Communication Department but the information that
was provided to the citizens is not clear when using the system, asked that this be
straightened out, thanked staff for paving the street on McClean, however, the overlay is very
thin, needs to be thicker, asked if their Councilmember would come and drive that road at
night, the lighting is terrible, stated that Beaumont United is doing wonderful, doesn't
understand why they have to wait for a grant to give them sidewalks, it's uncertain that the
city will get the money, the city has the money to make sure the kids are safe, someone
stated it's been that way for forty years, wish that the city would move forward with the
sidewalks, asked a question regarding tenant base rental assistance, how do citizens that
rent able to get the benefit of the rental assistance, has asked this questions before and
never received an answer, thanked council for their service
Councilmembers/City Manager/City Attorney comments on various matters
COUNCILMEMBER COMMENTS
COUNCILMEMBER NEILD - CONGRATULATED BEAUMONT UNITED
COUNCILMEMBER SAMUEL - CONGRATULATED BEAUMONT UNITED
COUNCILMEMBER FELDSCHAU - STATED THAT BEAUMONT UNITED DID WELL AND MADE
BEAUMONT PROUD
COUNCILMEMBER TURNER - CONGRATULATED BEAUMONT UNITED, STATED THAT HE WAS
ABLE TO TRAVEL TO SAN ANTONIO, HE FELT THE ENERGY IN
Minutes — March 14, 2023
THE ATMOSPHERE, HE'S LOOKING FORWARD TO CELEBRATING
THE KIDS, WOULD LIKE TO SEE THE WHOLE CITY COME
TOGETHER AND CELEBRATE THEIR ACCOMPLISHMENT,
HIGHLIGHTED THE BUSINESS COMMUNITY, THE BUSINESS
COMMUNITY STEPS UP DAILY BUT THEY TOOK IT TO ANOTHER
LEVEL WITH THE BEAUMONT UNITED CHAMPIONSHIP GAME,
THANKED SS LOUNGE AND BISTRO, MADISON'S, POUR 09,
NELL'S PLACE DOWNTOWN AND BUFFALO WILD WINGS AND
WHOEVER ELSE STEPPED UP, THEY ALL SHOWED THE GAME
LIVE FOR THOSE THAT WEREN'T ABLE TO PHYSICALLY BE AT
THE GAME, THEY HAD THE OPPORTUNITY TO ACTUALLY SIT
TOGETHER AND CHEER AND HAVE PRIDE IN BEAUMONT UNITED
LOCALLY, ALSO ASKED THAT STAFF LOOK AT THE LINES ON
VIRGINIA ST., HAS SOME CONCERNS THAT THE LINES ARE
FADING OUT AND IT'S CAUSING SOME ISSUES FOR DRIVERS,
LIKE TO SEE THE CITY BE A LOT MORE AGGRESSIVE WITH THE
SIDEWALKS AND GRANT PROGRAMS, STATED THAT IT'S
BUDGET TIME AND IF STAFF CAN START LOOKING INTO THE
SIDEWALK ISSUE OUTSIDE OF WAITING ON GRANTS THINKS THIS
WOULD BE STRATEGIC, STATED THAT CITY MANAGER
WILLIAMS HAS IMPLEMENTED A SYSTEM TO WHERE CITIZENS
WHO COME TO THE MICROPHONE DURING PUBLIC COMMENTS
WITH AN ISSUE WILL GET A FOLLOW-UP, STATED THAT CITY
CLERK BROUSSARD HAS BEEN DOING A GOOD JOB AND HE'S
BEEN GETTING THE EMAILS BUT WANTED TO MAKE SURE THAT
EVERYONE THAT COMES TO THE MICROPHONE 1S ADDRESSED,
STATED THAT HE WOUL❑ LIKE TO VISIT WITH THE GENTLEMAN
THAT SPOKE EARLIER ALONG WITH COUNCILMEMBER GETZ,
STATED TO MR. ELLER HE ACCEPTED HIS APOLOGY,
APPRECIATES EVERYONE ATTENDING THE MEETING
COUNCILMEMBER GETZ - CONGRATULATED BEAUMONT UNITED, THANKED
COUNCILMEMBER TURNER FOR TAKING THE TIME TO ATTEND
THE GAME, SAW HIM ON THE FRONT ROW, STATED THAT HE
COULDN'T MAKE THE TRIP BUT DID SUBSCRIBE TO THE GAME,
THEY GAVE IT A VERY VALIANT EFFORT, VERY PROUD OF THEM
AND HOPES THAT MOST OF THE PLAYERS WILL TAKE THEIR
TALENT TO LAMAR UNIVERSITY AND CONTINUE THEIR COLLEGE
PLAYING WITH THEM, ALSO COMMENTED ON SIDEWALKS THAT
ARE NEEDED AT WEST BROOK, FROM PHELAN ALL THE WAY
TO DOWLEN, THERE ARE A LOT OF KIDS THAT ARE WALKING
BECAUSE THERE'S NO SIDEWALKS, STATED THAT HE WOULD
LIKE TO MEET WITH THE GENTLEMAN THAT SPOKE EARLIER
ABOUT THE TRASH CAN ISSUE, ASKED CFO TODD SIMONEAUX
IF THE CITY HAD CHANGED THEIR BILLING CYCLES FOR THE
WATER PAYMENTS, HAS RECEIVED LOTS OF PHONE CALLS
FROM CITIZENS SAYING THAT IN THE LAST THREE MONTHS,
THEIR DUE DATES HAVE CHANGED TO DIFFERENT DAYS OF THE
MONTH AND IT'S VERY CONFUSING AND CONCERNING TO THEM,
ANNOUNCED THE DOWLENIWEST NEIGHBORHOOD
ASSOCIATION MEETING ON THURSDAY, MARCH 16, 2023, AT
Minutes — March 14, 2023
6:30 P.M., AT ROGERS PARK COMMUNITY CENTER, THEY
HAVE A NEW PRESIDENT WADE ADAIR, THE GUEST SPEAKER
WILL BE FROM THE AMERICAN LEGION, THE PUBLIC IS INVITED
MAYOR PRO TEM ❑URIO - CONGRATULATED BEAUMONT UNITED, VERY PROUD OF THEM,
STATED THATTHE STUDENTS ARE VERY PROUD OF BEAUMONT,
HE READ AN ARTICLE, WHERE A REPORTER FROM THE
DALLASIFORT WORTH AREA TRIED TO PICK THE GAME AS
HOUSTON AGAINST DALLAS AND ONE OF THE PLAYERS FOR
BEAUMONT UNITED SAID "NO WE ARE FROM BEAUMONT, WE
ARE 409, WE ARE NOT HOUSTON", SHOWS THAT OUR YOUNG
FOLKS ARE PROUD OF WHERE THEY COME FROM, ANNOUNCED
THAT THE BRIDGE ON FANNETT RD., WILL BE OPEN BEFORE
THE END OF THE WEEK, HOPEFULLY BY THURSDAY, MARCH
16, 2023, IF THERE AREN'T ANY DELAYS, THERE WILL BE A
RIBBON CUTTING ON THURSDAY MORNING
ASST. CITY MANAGER BOONE - STATED THAT HE PROVIDED COUNCIL WITH A UPDATED
HANDOUT OF THE DOWNTOWN DASH BOARD, IF THEY WILL
NOTICE THE NEEDLES HAVE MOVED ON A COUPLE OF ITEMS,
ALSO CONGRATULATED BEAUMONT UNITED, VERY PROUD OF
THEM AND THINKS EVERYONE WOULD AGREE THAT THEY ARE
CHAMPIONS IN EVERYONE'S BOOK
CITY ATTORNEY REED - CONGRATULATED BEAUMONT UNITED
ASST, CITY MANAGER ELLIS - WAY TO GO BEAUMONT UNITED
PUBLIC WORKS BARTKOWIAK - CONGRATULATIONS TO BEAUMONT UNITED, THREE YEARS IN A
ROW IS A GREAT ACHIEVEMENT WHETHER THEY WON THE
FINAL GAME OR NOT
CFO SIMONEAUX - CONGRATULATED BEAUMONT UNITED
CITY CLERK BROUSSARD - CONGRATULATED BEAUMONT UNITED
CITY MANAGER WILLIAMS - ABSENT
MAYOR MOUTON - CONGRATULATED BEAUMONT UNITED, SO VERY PROUD OF
THEM, THERE WILL BE A CELEBRATION, THE DATE HASN'T
BEEN RELEASED YET, BUT AS SOON AS IT'S RELEASED IT WILL
BE ON THE CITY'S WEBSITE, COMMENTED ON THE SIDEWALKS
WHICH IS A DISCUSSION THAT HAS BEEN DISCUSSED FOR A
LONG TIME, IT NEEDS TO BE ADDRESSED AND FEELS THAT THE
CITY DOESN'T NEED TO WAIT FORA GRANT, THE CITY NEEDS TO
COLLABORATE WITH THE SCHOOL DISTRICT TO GET THIS DONE,
NOT ONLY FOR BEAUMONT UNITED BUT FOR WEST BROOKE
AND ANY OTHER SCHOOLS WHERE STUDENTS ARE TRAVELING
BECAUSE IT'S VERY DANGEROUS, AS WAS STATED EARLIER
ABOUT DIFFERENT STREETS AND THE SPEEDS ESPECIALLY ON
PHELAN AND FANNETT ROAD THERE'S A LOT OF TRAFFIC, FOR
Minutes — March 14, 2023
THE SAFETY OF THE STUDENTS THIS NEEDS TO BE A HIGH
PRIORITY TO ACHIEVE SAFETY FOR THE STUDENTS, THANKED
CHRIS BOONE FOR SITTING IN FOR THE CITY MANAGER IN HIS
ABSENCE, STATED THAT THE CITY MANAGER SITS ON THE
BOARD OF THE INTERNATIONAL CITY MANAGERS
ASSOCIATION, HE'S OUT OF THE COUNTRY ATTENDING THAT
CONFERENCE, THANKED EVERYONE FOR COMING, GO OUT AND
SPREAD THE LOVE
re being no Executive Session, Council adjourned at 3:14 p.m.
P I /I
Roi Mouton, M
P
Tina Broussard, City Clerk
Minutes — March 14, 2023