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Home My WebLink About07/25/2023 MINT E X A S 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 COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III JULY 25, 2023 Chris Durio, Mayor Pro Tern 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 July 25, 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/Regular Agenda items 2-6 Mayor West called the council meeting to order at 1:30 p.m, Father Stephen McCrate with St. Anne's Catholic Church gave the invocation. Mayor West led the Pledge of Allegiance. Roll calf was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tem Durio, Councilmembers Getz, Turner and Samuel. Absent: Councilmembers Feldschau and Neild. Also, present were Kenneth Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition Proclamation - "Mr. Norris Batiste, Jr." --Acknowledging Mr. Norris Batiste, Jr., as the first African American to serve as a U.S. Marshall for the Eastern District — Proclamation read by Tina Broussard, City Clerk, accepting Mr. Norris Batiste, Jr., along with family members Proclamation - "Pioneering Women" — Pioneering Women -"In Full Bloom" Luncheon, August 4, 2023 — Proclamation read by Tina Broussard, City Clerk; accepted by Georgine Guillory, Founder of Pioneering Women, Honorees and Members Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 2-6 (or any other topic) (Public comments can be heard or seen at the City of Beaumont website at beau monttexas.gov Loretta Victorian (PC) Ricky Jason (PC) Albert Harrison (PC) Carla Stewart (PC) Treva Johnson (PC) Charlie Crabbe (PC) Minutes — July 25, 2023 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 July 18, 2023, City Council Meeting Minutes. B. Council to consider a resolution authorizing the City Manager to execute Change Order No. 5, to the contract with King Solution Services, Inc., of Houston, TX for the City -Wide Pipe Bursting Contract -Phase I Project — Resolution 23-195 C. Council to consider a resolution approving the exchange of property with Tideland Specialty, LTD — Resolution 23-196 Councilmember Getz moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES. MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNERAND SAMUEL NAYS: NONE MOTION PASSED REGULAR AGENDA Council to consider a 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. 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. The 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. Approval of the Resolution. Councilmember Getz moved to deny 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 RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING HIGHEST -DENSITY) Minutes - July 26, 2023 DISTRICT FOR PROPERTY LOCATED AT 2360 S. MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. With a lack of a second the motion failed. Councilmember 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 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 RM-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. Mayor Pro Tern Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS TURNER AND SAMUEL NAYS: COUNCILMEMBER GETZ MOTION PASSED ORDINANCE 23-056 2. Council or consider a resolution approving the proposal submitted by Preferred Facilities Group - USA to replace the roof membrane at the Beaumont Police Department located at 255 College Street. Pricing was obtained from Preferred Facilities Group - USA utilizing Buy Board Texas Contract # 581 -19. The Buy Board Texas Contract provides municipalities with the means to purchase construction services at competitive prices contracted under the procurement statues of the State of Texas. The proposed scope of work shall consist of installing one layer of Dens Deck material and one layer of 80 mil fleece back single -ply Durolast PVC roofing material over the existing built-up roof system. The new roof system will be warranted for a period of 20 years from the date of installation. The cost to install the new roof system will be $388,742.33 plus $9,718.55 for the cost of performance and payment bonds for a total project cost of $398,460.88. A second proposal was obtained from Construction Managers of Southeast Texas, LLC utilizing the TIPS procurement process in the total amount of $402,600.00. Funds are available in the Capital Reserve fund. The need for the replacement of the roof membrane material resulted from severe damage caused by the hailstorm that took place on the night of April 15, 2023. The hail created multiple cuts in the existing single - ply roof membrane therefore allowing water to infiltrate the interior areas of the facility causing interior damage to ceilings in the facility. This project is necessary to protect the integrity of the facility. The existing roof material on the Beaumont Police Department was installed in 2004 therefore the current roof system is 19 years old. Due to the immediate need to replace the roof membrane, staff is recommending approval for the City Manager to enter into an Agreement with Preferred Facilities Group - USA. Funds will come from the Capital Reserve Fund. Mayor Pro Tern Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE Is HEREBY AUTHORIZED TO ACCEPT THE PROPOSAL AND EXECUTE A CONTRACT WITH PREFERRED FACILITIES GROUP -USA, OF BEAUMONT, TEXAS IN THE AMOUNT OF $398,460.88 FOR THE Minutes — July 25, 2023 REPLACEMENT OF THE ROOF SYSTEM AT THE BEAUMONT POLICE DEPARTMENT. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 23-197 3. Council to consider a resolution to amend the Public Participation Plan for the CDBGIHousing Division. Amendments to our Public Participation Plan are needed to achieve robust engagement with residents regarding Community Development/Housing planning activities. The amendment includes the expansion of comment collection methods, additional locations to review community development plans in person and the utilization of online surveys. The plan also increases efforts to inclusively engage the public in meaningful dialogue about our community development activities. These amendments align with the U.S. Department of Housing and Urban Development regulations. Approval of resolution. Mayor Pro Tem Durio moved to APPROVE A RESOLUTION AMENDING REQUIREMENTS TO THE CITY OF BEAUMONT'S PUBLIC PARTICIPATION PLAN TO ACHIEVE ROBUST ENGAGEMENT WITH RESIDENTS REGARDING COMMUNITY DEVELOPMENTIHOUSING PLANNING ACTIVITIES, THE EXPANSION OF COMMENT COLLECTION METHODS, ADDITIONAL LOCATIONS TO REVIEW COMMUNITY DEVELOPMENT PLANS IN PERSON, AND THE UTILIZATION OF ONLINE SURVEYS, Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 23-198 4. Conduct an election for Mayor Pro Tempore. Councilmember Durio was elected as Mayor Pro Tempore on July 26, 2022. According to the City Charter, "the City Council shall elect one of its members as Mayor Pro Tempore for a one-year term." The Mayor Pro Tempore shall perform the duties of the mayor in the case of the absence or inability of the Mayor to perform the duties of the office, and, if a vacancy occurs, shall become Mayor for the unexpired term. Conduct an election. Minutes — July 25, 2023 Councilmember Getz moved to APPROVE A RESOLUTION THAT COUNCILMEMBER ALBERT "A,J." TURNER, JR., 1S ELECTED MAYOR PRO TEMPORE FOR A ONE (1) YEAR TERM; BEGINNING JULY 27, 2023. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILM EMBERS GETZ, TURNER AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 23-199 PUBLIC HEARING Council to conduct a public hearing and consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Texas Department of Transportation to receive Operating Assistance funds for the Zip bus system. Public Hearing Open: 2:44 p.m. None Public Hearing Close: 2:45 p.m. PUBLIC HEARING Council to conduct a Public Hearing to consider amending Ordinance Number 03-048 to designate 3180 Park, a structure determined by Council to be unsafe and commercial on June 24, 2003, to now be designated as a residential structure and waive all demolition costs incurred by the City as well as interest charges or fees. Public Hearing Open: 2:46 p.m. Vernon Durden Public Hearing Close: 3:11 p.m. 5. Council to conduct a public hearing and consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Texas Department of Transportation to receive Operating Assistance funds for the Zip. The Zip, formerly known as Beaumont Municipal Transit, has prepared a grant application for FY2024 grant funds from the Texas Department of Transportation (TXDOT). The grant will help fund labor, fringe benefits, parts and supplies, purchased services, utilities, insurance, licenses, and all other miscellaneous expenses needed for the operation and maintenance of the Zip in FY2024. The grant period runs from September 1, 2023, through August 30, 2024. Funds will come from the Federal Transit Administration. Minutes — July 25, 2023 Conduct a public hearing and approval of the resolution. Mayor Pro Tern Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO SUBMIT A GRANT APPLICATION AND EXECUTE A CONTRACT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION TO RECEIVE OPERATING ASSISTANCE FUNDS FOR THE ZIP BUS SYSTEM IN THE AMOUNT OF $496,914.00. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNERAND SAMUEL NAYS. NONE MOTION PASSED RESOLUTION 23-200 6. Council to conduct a public hearing and consider amending Ordinance Number 03-048 to designate 3180 Park, a structure determined by Council to be unsafe and commercial on June 24, 2003, to now be designated as a residential structure and waive all demolition costs incurred by the City as well as interest charges or fees. On June 24, 2003, the City Council held a public hearing and approved an ordinance determining that the property at 3180 Park was ordered demolished and was a "commercial" structure, thus requiring that a lien be attached to allow the City to recoup the cost of demolition and any accrued interest (see attached). At various times, in the almost two decades since demolition, the owner, Mr. Vernon Durden, has asked that the City waive all charges as the property was not commercial, but residential, as an individual lived at the structure just before the demolition declaration. In 2018, a similar request was made to the Director of Planning and Community Development. Investigation of the 2003 case found the following; • A public hearing on the matter was held June 24, 2003, and the minutes reflect that there was no objection to the demolition order or the "Commercial" designation - Ordinance No. 03-048 was approved by the City Council. • The structure was demolished, and a lien was attached to the property • The structure was commercial in appearance and acknowledged to be a "plating shop", a commercial use, and had a history of commercial uses at the location. • The property was and is still zoned "Commercial". • During the investigation of the matter in 2018, the owner was asked if he could produce any records (rent receipts, leases, etc.) to demonstrate that the property was used residentially at the time and If evidence could be found, it might be possible to ask the Council to reconsider Ordinance No. 03-048 and possibly remove the charges; however, the owner was unable to locate any records. As of July 14, 2023, the amount owed is $9,029.00 for the cost of demolition and interest in the amount of $14,060.50 for a total amount owed of $23,089.50, Funds - General Fund. Minutes — July 25, 2023 Councilmember Samuel moved to AMEND ORDINANCE NO.03-048 PERTAINING TO 3180 PARK STREET AND DESIGNATING THE PROPERTY ZONED COMMERCIAL TO BE REZONED RESIDENTIAL AND WAIVING THE COST OF DEMOLITION IN THE AMOUNT OF $9,029.00, AND THE INTEREST INCURRED IN THE AMOUNT OF $14,060.50 FOR A TOTAL AMOUNT TO BE WAIVED OF $233089.50. Councilmember Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 23-057 WORK SESSION (PRESENTATION CAN SEEN ON THE CITY OF BEAUMONT'S WEBSITE AT BEAUMONTTEXAS.GOV) Presentation presented by Bart Bartkowiak, Public Works Director Title Work Session to review and discuss the Proposed Street Rehabilitation Citywide — Phase V project. COMMENTS * Public Comments (Persons are limited to three minutes) (Public Comments can be heard or seen on the City of Beaumont website at beaumonttexas.gov) Heleniah Adams 4610 Galveston Str. Beaumont TX * Councilmembers/City Manager/City Attorney comments on various matters (Comments can be heard or seen on the City of Beaumont website at beaumonttexas.gov) COUNCILMEMBER COMMENTS MAYOR PRO TEM DURIO - COUNCILMEMBER GETZ - COUNCILMEMBER TURNER - COUNCILMEMBER FELDSCHAU - COUNCILMEMBER SAMUEL - COUNCILMEMBER NEILD - CITY ATTORNEY REED - CITY MANAGER WILLIAMS - Minutes — July 26, 2023 CITY CLERK BROUSSARD - MAYOR WEST - With there being no Executive Session, Council adjourned at 4:14 p.m. RoypW rst, Mayor Tina Broussard, City Clerk r E 90 Minutes — July 25, 2023