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Home My WebLink About07/11/2023 MIN BEAVM4NT T E X A 5 MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert"A.J."Turner Jr.,At-Large ROY WEST, MAYOR Randy Feldschau,At-Large Taylor Neild,Ward I CITY COUNGL MEETING Michael Getz,Ward II Audwin Samuel,Ward III . JULY 11, 2023 Chris Durio, Mayor Pro Tem Tina Broussard, City Clerk Kenneth R.Williams, City Manager Sharae Reed,'City Attorney l"he 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 July 11, 2023, at the City Hall Council Chambers, 801.Main Street, Beaumont, Texas, at 1:30 p.m..to considerthe following: OPENING * Invocation Pledge of Allegiance Roll Call � Proclamations, Presentation and Recognition — Presentation by Betty Russo, Regio.nal Representative for the Gulf CoastlEast Texas Region, with the Office of Texas Economic Development and Tourism. � Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 6 & 7 (or any other topic) Mayor West called the council meeting to order at 1:30 p.m. Pastor Jeremy Wester with Beaumonf First United Methodist Church gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tem Durio, Councilmembers Getz, Turner, Feldschau, Samuel and Neild. Also, present were Kenneth Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition None Public Comment: Persons may speak on the Consent Agenda/Agenda Items 6 &7 (or any other topic) (Public comments can be heard or seen on the City of Beaumont website beaumonttexas.gov) Charline Sam 2370 Monroe Beaumont TX Luther Holmes 930 Calder Beaumont TX Terry Roy 6055 Libby Beaumont TX Albert Harrison 1240 Ashley Beaumont TX. • Minutes—July]1,2023 Ricky Jason 1075 Magnolia Beaumont TX Latosha Bradford 1050 Cartwright Beaumont TX- Shirley Walton 2702 Magnolia Beaumont TX Dr. Elmo Johnson 1103 Cushing Houston TX Wilford Scypion Jr. 2384 Pierce St. Beaumont TX Glenda McCray 890 Norwood Dr. Beaumont TX Margaret Golias 3430 Evalon Beaumont TX Addie Allen 9695 Gross Beaumont TX Thefarro Richard 5275 Parkview Dr. Beaumont TX Charlie Crabbe 928 East Dr. Beaumont TX Joseph Roberts 5475 Landry Ln. Beaumont TX 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. Council to consider approval of the June 27, 2023, City Council Meeting minutes. B. Council to consider a resolution authorizing the acceptance of a l"emporary 1/Vorking Space Agreement with TransCanada Keystone Pipeline, LP — Resolution 23-178 D. Recommend approval of Agreement with UT Health Science Center of Houston — Resolution 23-179 E.. Approval of artificial grass donation for Sprott Park practice football field from Artificial Grass Recyclers Corporation, a California Corporation, with its principle place of business at 4205 Rio Nedo Road, Temecula, CA 92590 — Resolution 23-180 F. Council to consider the appointment of Ronald Kelley to the Historic Landmark Commission— Resolution 23-181 G. Council to consider removing Roy West from the Beaumont Convention and Tourism Advisory Committee— Resolution 23-182 H. Council to consider a resolution approving a contract to Vortex Companies forthe Inspection, Cleaning, and Survey of the steel arch storm sewer on Lucas Street and a 102"storm sewer outfall line in the Port of Beaumont— Resolution 23-183 Mayor Pro Tem Durio moved to approve the Consent Agenda excluding Item C. Councilmember Samuel seconded the motion. Minutes—July 11,2023 AYES: MAYOR WEST,.MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU., SAMUEL AND NEILD NAYS: NONE MOTION PASSED C. Council to consider a resolution accepting payment in the amount of$540.00 for the principal of a Iitter lien and the lien assessment fee for lien filed on August 10, 2020, on property legally described as Forrest L39 B8 (3494 Magnolia Ave.), waiving interesf in the amount of $141.09. Councilmember Samuel moved to approve Item C on the Consent Agenda. Councilmember Turner seconded the motion. After further discussion Councilmember Samuel moved to table Item C. Mayor Pro Tem Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE ITEM TABLED REGULAR AGENDA 1. Council to consider a request for the abandonment of portions of South,Archie, and Holmes Streets. The City of Beaumont is requesting to aba►idon the.rights of way for portions of South,Archie and:Holmes Streets. Once abandoned, an exchange of this property has been arranged to provide additional parking for the Event Centre and Lakeside Center. Centerpoint has stated they have utilities located in several of the properties but would find a blanket easement:acceptable for their needs. Planning staff recommends approval of.the abandonments with retention of a blanket utility easement. At a Joint Public Hearing held on June 26, 2023, the Planning Commission recommended 7:0 to approve the request fo abandon portions of South, Archie and Holmes Streets with the retention of a general utility easement. COUI1CIItl1et11bet'Sat7lUel I110Ved t0 ADOPT AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING A PORTION OF SOUTH,ARCHIE AND HOLMES STREET,BEAUMONT,JEFFERSON COUNTY, TExas. Councilmember Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE Minutes—July'11,2023 MOTION PASSED ORDINANCE 23-052 2. Council to consider a request for a Rezoning from RS (Residential Single-Family Dwelling)to RM-N (Residential Multiple Family Dwelling-Highest Density) or a more restrictive district for property located north of 2360 S. Major Drive. Sabole Vishnu Vandana is requesting approval for a Rezoning from RS (Residential Single- Family Dwelling) to RM-H (Residential Multiple Family Dwelling - Highest Density) for the property located just north of 2360 S. Major Drive. Tfie applicant intends to construct an apartment complex containing 150 units.Although the majority of neighboring properties are either vacant or occupied by single-family homes, Major Drive is a major arterial and this area is recognized as a neighborhood growth unit. As such, multi-family zoning would be an acceptable use and transition into residential neighborhoods. At a Joint Public Hearing held on June 26, 2023, the Planning Commission recommended 5:2 to approve the request for a Rezoning from RS_(Residential Single-Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density) or a more restrictive district for property located north of 2360 S. Major Drive. Mayor Pro Tem Durio 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 DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS,,BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE- FAMILY DWELLING�DISTRICT TO RIUI-H(RESIDENTIAL MULTIPLE FAMILY DWELLING HIGHEST-DENSITY� DISTRICT FOR PROPERTY LOCATED AT 2360 S. MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; .PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Samuel seconded the motion. After discussion Councilmember Neild moved to table the item for 2 weeks. Councilmember Turner seconded the motion. � AYES: MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE ITEM TABLED 3. Council to consider a request for a Specific.Use Permit to allow a gaming facility.in the GC= MD (General Commercial-Multiple Family Dwelling) District for property located at 39 N. 11th Street, Suite B. Courtney Watson requests approval of a Specific Use Permit to allow a gaming facility located at 39 N. 11th Street, Suite B. Ms. Watson intends to install fourteen (14) gaming machines. T'he hours of operation will be 10am to 10pm, Monday through Sunday. Plans are to staff this location with one full-time employee and one security person. It should be noted that gaming facilities that have five or fewer machines tend to be considered accessory in nature, when part of a primary use, and as such tend to result in Minutes—July 11,2023 fewer negative impacts on surrounding land uses. However, larger game rooms with dozens of machines take on the scale of a small casino and as a result, require careful consideration as to their location and compatibility with surrounding land uses. Some of these considerations include compatibility with other land uses, noise, and traffic as well as safety considerations. As such, proximity to parks, schools and especially residential uses should be carefully considered in the review of gaming facilities. This property is in close proximity to BISD's alternative campus at 88 Jaguar, and Lily of the Valley .Missionary Baptist Church is Iocated at 2856 Smart St. Additionally, the shared. parking lot has forty-four(44) existing, legal spaces for the shopping plaza and the proposed gaming facility would require twenty-five (25) to thirty (30) of those spaces. An additional twenty-six(26) spaces are shown on the site plan but overhang the City right-of-way and are not legal. Therefore, the overall shopping center only has 31% of the minimum required parking, which may lead to conflict amongst tenants, per Engineering. At a Joint Public Hearing held on June 26, 2023, the Planning Commission recommended 7:0 to deny the request for a Specific Use Permit to allow a gaming facility in the GC-MD (General Commercial- Multiple Family Dwelling) District for property located at 39 N. 11th Street, Suite B. Denial of the ordinance. COUC1C11111eCTlb2f FG'IdSChaU 1110Ved t0 DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A GAMING SITE IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING�DISTRICT AT 39 N. 11T"STREET,SUITE B IN THE CITY OF BEAUMONT,JEFFERSON couNTv,TExas. Mayor Pro Tem Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE ITEM DENIED 4. Council to consider a request for a Specific Use Permit to allow a duplex in an RS (Residential Single-Family Dwelling) District for property located at 10720 Sherwood Drive. Loan Duong representing Tien Tran is requesting a Specific Use Permit to allow a duplex at 10720 Sherwood Drive. This property is located within the RS (Residential - Single-Family Dwelling) district and as such a two-family dwelling requires a Specific Use Permit. The structure will be one-story with two units for a combined total of 2,420 square feet. At a Joint Public Hearing held on June 26, 2023, the Planning Commission recommended 5:2 to approve the request for a Specific Use Permit to allow a duplex in an RS (Residential Single-Family Dwelling) District for property located at 10720 Sherwood Drive, with the following condition: 1. The lot shall be graded to drain towards the street and not onto adjacent properties. Approval of the ordinance, with the following condition: 1. The lot shall be graded to drain towards the street and not onto adjacent properties. Minutes—July 11,2023 COUC1CIIt7letTlbef Nelld t710VeCI t0 DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DUPLEX IN A RS (RESIDENTIAL SINGLE-FAMILY DWELLING� DISTRICT FOR PROPERTY LOCATED AT 10720 SHERWOOD DRIVE,WITH THE CONDITION,IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. COUC1CIIt71eCTlbef G2tZ SeC011d@d the I710tIOC1. AYES:. MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS.GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE ITEM DENIED 5: Council to consider a request for a Rezoning from GC-MD (General Commercial-Multiple Family Dwelling)to C-M (Commercial-Manufacturing)or a more restrictive district for property located at 5190 Forsythe Street. Troy Hatch is requesting approval for a Rezoning frorim GC-MD (General Commercial — Multiple-Family Dwelling) to C-M (Commercial — Manufacturing) for the property at 5190 Forsythe Street. At a Joint Public Hearing held on June 26, 2023, the Planning Commission recommended 7:0 to approve the request for a Rezoning from GC-MD (General Commercial-Multiple Family Dwelling) to C-M (Commercial-Manufacturing) or a more restrictive district for property located at 5190 Forsythe Street, with the following condition: 1. No vehicles to be stored outside of the fence. Approval of the ordinance, with the following condition: 1. No vehicles to be stored outside of the fence. COUCICIICII@�71bef FGIdSChaU r710Ved t0 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 DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS,BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED GC-MD(GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING� DISTRICT TO C-M (COMMERCIAL MANUFACTURING� DISTRICT FOR PROPERTY LOCATED AT 5190 FORSYTHE STREET, WITH THE CONDITION, BEAUMONT, JEFFERSON COUNTY;TEXAS;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Counailmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-053 6. Council to consider a resolution approving a contract to Vortex Companies#or the repair of the 5-ft by 7-ft oval-shape storm line on Long Avenue. Minutes—July 11,2023 This storm line, due to age and poor soil conditions, has many defects and requires rehabilitation of the interior of the.pipe. Previously awarded projects addressed a point repair and the stabilization of the soils surrounding the Storm line where large voids and cavities had formed due to the defects in the line that allow soil migration. This project is the final step in the rehabilitation of this storm line located under the center of the road from Pine Street to MLK Parkway. This storm line is critical infrastructure for the city as many of the streets comprising the MLK Neighborhood area drain to the Neches River through this line. With this storm line being in close proximity to the rail line, that is also in the center of the road, it is important to fully rehabilitate this line so that future rail operations are not interrupted. The proposed rehabilitation consists of a structural lining of approximately 3,190 linear feet of line. Based on a review of the proposal, the Public Works Engineering staff recommends awarding the contract to Vortex Companies, of Houston, in the amount of $3,�932,804.26. Vortex has successfully performed similar storm. line rehabilitation work for the city. The proposal was obtained through the HGACBuy Cooperative. A total of 85 calendar days are allocated for the completion of this project. Because of urgency, the fund balance will be used for the repairs of the Long Avenue Storm Sewer. The Long Avenue Storm Sewer Repair project has been placed in the proposed CIP budget for the coming fiscal year.Assuming the item is approved, the City will reimburse the fund after bonds have been issued. Funds will come from the Capital Program. COUnCllt71e171bef SaCTIUeI t710VGd t0 APPROVE A RESOLUTION THA'L THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE A CONTRACT WITH VORTEX COMPANIES OF HOUSTON,TEXAS FOR THE REPAIR OF THE 5-FT BY 7-FT OVAL-SHAPED STORM LINE ON LONG.AVENUE�IN THE AMOUNT oF$3,932,804.26. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM DURIO,.COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-184 7. Approval of the purchase and installation of Playground equipment for Babe Zaharias Park from Kraftman Gommercial Playgrounds &Water Parks of_Spring, TX and the.purchase and installation of Playground equipment for Combest Park from GameTime c/o Cunningham Recreation of Charlotte, NC. Babe Zaharias Park playground will be a new installation while Combest Park playground is a replacement for the current playground. Babe Zaharias Park playground e_quipment cost is $79,403.51 and the cost for Combest Park playground equipment is $45,667.70. On February 21, 2023, Couneil approved $1.4 million for Park improvements. Funds will come from the Capital Reserve. Minutes—July 11,2023 Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO THE PURCHASE AND THE INSTALLATION OF PLAYGROUND EQUIPMENT FOR BABE ZAHARIAS PARK FROM KRAFTMAN COMMERCIAL PLAYGROUNDS&WATER FARKS OF SPRING, TEXAS IN THE AMOUNT OF $79,403.51 AND COMBEST PARK FROM GAMETIME C/O CUNNINGHAM RECREATION OF CHARLOTTE, NORTH CAROLINA IN THE AMOUNT OF$45,667.70. Mayor Pro Tem Durio seconded the motion. After discussion Councilmember Getz moved to amend the motion by Councilmember Samuel to vote on Combest Park and Babe Zaharias Park separate The City Council recessed at 3:21 p.m. to check the rules as to whether the motion made by Councilmember Getz required a second to amend the item. The City Council reconvened at 3:25 p.m., it was determined that Councilmember Getz did not need a second to amend the motion, with all of Council voting against the amended moved by Councilmember Getz, the motion died. COUC1CIIt71eh"1beC'SaCT1Uel C110VeCl t0 APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO THE PURCHASE AND THE INSTALLATION OF PLAYGROUND EQUIPMENT FOR BABE ZAHARIAS PARK FROM KRAFTMAN COMMERCIAL PLAYGROUNDS&WATER PARKS OF SPRING, TEXAS IN THE AMOUNT OF $79,403.51 AND COMBEST PARK FROM GAMETIME C/O CUNNINGHAM RECREATION OF CHARLOTTE, NORTH CAROLINA IN THE AMOUNT OF$45,667.70. Mayor Pro Tem Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-185 8. Council to consider a resolution authorizing the City Manager to enter into an agreement with GarField Public/Private LLC to conduct a market study, perform planning and design services, determine estimated costs and develop a business and financing plan related to the possible development of a hotel on property owned by the City. For several decades the city fias invested significantly in the redevelopment of Downtown Beaumont. As a result, Dov►intown Beaumont serves as the premier location for festivals, private events and arts and culture in Southeast Texas. However, one key element that Downtown Beaumont lacks that almost every successfully redeveloped downtown of this size has is a full-service hotel downtown. To that end, the city is seeking to move forward with additional research and study of this project with Garfield Public/Private LLC (GPP). The City partnered with GPP in December 2022 to conduct a market analysis for a hotel to be located on property owned by the Cifiy. That study has now been completed. The second phase of the process, being considered here, would cost $60,000 plus travel expenses of approximately$4,000 for preliminary design and planning of the hotel. This would include site visits, public input, renderings of the proposed hotel as well as a presentation of the project, Minutes—July 11,2023 Funds will.come from the General Fund. : Approval of the resolution. COUf1C11171eC11bef GetZ tllOVed t0 APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED. TO EXECUTE THE ADDENDUM TO THE AGREEMENT WITH GARFIELD PUBLIC/PRIVATE LLC. COUCICIIIllel7lbef SaI11UEl S@C011d@d th2 RlOtlOtl. AYES: MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-186 * Councilmembers/City Manager/City Attorney comments on various matters (Public comments can be heard orseen on the City of Beaumontwebsite beaumonttexas.gov) COUNC.ILMEMBER COMMENTS MAYOR PRO TEM DURIO - COUNCILMEMBER GETZ- COUNCILMEMBER TURNER- COUNCILMEMBER FELDSCHAU - COUNCILMEMBER SAMUEL- COUNCILMEMBER NEILD - CITY ATTORNEY REED- CITY MANAGER WILLIAMS - � MAYOR WEST- With there b ' g no E ecutive Session, Council adjourned at 3:57 p.m. ��.�� Ro st, M yor ��,��M�'\��h i�IC` �t�l, Tina Broussar , ity Clerk t3 � '! � � � �� 11 � i� `� �? `,�� Minutes—July 11,2023