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Home My WebLink AboutFEB 06 2024 MINT E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner, Mayor Pro Tem ROY WEST, MAYOR Randy Feldschau, At -Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III FEBRUARY B, 2024 - Chris Durio, Ward IV 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 February 6, 2024, 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 --- Communication Update Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-5. (or any other topic). Item No. 6 was tabled. Mayor West called the council meeting to order at 1:30 p.m. Priest Joseph Ibiwoye, with Our Mother of Mercy Catholic 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 Tern Turner, Councilmembers Durio, Getz, Feldschau, Samuel and Neild. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition "National Black History Month" -- February 2024 -- Proclamation read by Tina Broussard, City Clerk "Mardi Gras of SETX" -- February 8-11, 2024 -- Proclamation read by Tina Broussard, City Clerk; accepted by Laura Childress, President of Mardi Gras SETX Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-5. (or any other topic). Item No. 6 has already been heard in a Public Hearing therefore, citizens can't speak on those items. (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) Jason Marshburn 1070 Monterrey Dr. Beaumont TX Minutes — February 6, 2024 Charlie Crabbe 928 East Dr, Beaumont TX Melissa Brandford 1022 Pearl St, 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 approving the January 23, 2024, City Council minutes. B. Council to consider approving a resolution for a six-month contract for the purchase of phosphate for use by the Water Utilities Department -- Resolution 24-025 C. Council to consider a resolution approving a six-month contract for the purchase of sodium hydroxide (caustic soda) for use by the Water Utilities Department — Resolution 24-026 D. Council to consider a resolution appointing members to the Community Development Advisory Committee -- Resolution 24-027 E. Council to consider a resolution appointing members to the Historic Landmark Commission — Resolution 24-028 F. Council to consider a resolution appointing members to the Library Commission — Resolution 24-029 G. Council to consider a resolution appointing members to the Parks and Recreation Advisory Committee — Resolution 24-030 H. Council to consider a resolution appointing members to the Planning Commission — Resolution 24-031 I. Council to consider a resolution appointing members to the Police Department Advisory Committee — Resolution 24-032 J. Council to consider a resolution appointing members to the Animal Care Advisory Committee — Resolution 24-033 K. Council to consider a resolution appointing members to the Building Board of Appeals — Resolution 24-034 L. Council to consider a resolution appointing members to the Convention and Tourism Advisory Board — Resolution 24-035 M. Council to consider a resolution appointing members to the Board of Adjustment -- Resolution 24-036 N. Council to consider a resolution authorizing the City Manager or his designee to receive funding in an amount up to $60,000 through the Department of Homeland Security Grant Program (HSGP) — Resolution 24-037 Minutes — February 6, 2024 O. Council to consider a resolution to authorize the City Manager or his designee to apply for and receive funding in an amount up to $70,000 through the U.S. Department of Justice Project Safe Neighborhoods Block Grant Program (PSN) — Resolution 24-038 P. Council to consider a resolution to authorize the City Manager or his designee to apply for and receive funding in an amount up to $70,000 through the U.S. Department of Justice Project Safe Neighborhoods Block Grant Program (PSN) — Resolution 24-039 Q. Council to consider a resolution authorizing the limited and temporary use of golf carts on city streets from February 7, 2024, through February 12, 2024, in conjunction with Mardi Gras Southeast Texas — Resolution 24-040 Councilmember Neild moved to approve the Consent Agenda. Councilmember Durio seconded the motion. AYES; MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Councilmember Samuel left the meeting at 2:06 p.m. REGULAR AGENDA 1. Council to consider a resolution approving the proposal submitted by Preferred Facilities Group - USA to install a standby generator at the Parks Operation Center located at 1370 Langham Road. 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 the installation of a new 150kw generator and associated 400-amp automatic transfer switch. The cost to install the new standby generator and automatic transfer switch will be $135,982.58 plus $3,399.56 for the cost of performance and payment bonds for a total project cost of $139,382.14. Funds are available in the Capital Reserve fund. The need for a generator installation at the Parks Operation Center is necessary to ensure that the Parks Operation Center can continue to provide services during a declared disaster, including any random power outages. Parks Operation Center is an essential department when the need arises to clear the streets immediately following a major disaster and/or small storm event. Funds will come from the Capital Reserve. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY PREFERRED FACILITIES GROUP -USA, IN THE AMOUNT OF $13%382.14 FOR THE PURCHASE AND INSTALLATION OF. A STANDBY GENERATOR AT THE PARKS OPERATION CENTER LOCATED AT 1370 LANGHAM ROAD BE ACCEPTED, Councilmember Neild seconded the motion. Minutes -- February S, 2024 AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-041 Councilmember Samuel returned at 2:09 p.m. 2. Council to consider a resolution authorizing an Industrial Development Agreement with Golden Triangle Storage, LLC. Golden Triangle Storage, LLC has approached the city about entering into a standard Industrial Development Agreement on their existing assets. Previously, the Jefferson County Appraisal District showed them as being located within the city limits, when they actually are in our ETJ, so they had been paying full City taxes. They would like to enter into a standard agreement at this time since they are in our industrial district. The standard agreement will call for 80% payment of assumed City taxes due for 2023-2025, except the amount may not be more than 10% more or less than the prior year payment, and 75% of assumed City taxes due for 2026-2029, except the amount may not be more than 7% more or less than the prior year payment. This will ensure equity among the companies located within the City of Beaumont Industrial District. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO AN INDUSTRIAL. DEVELOPMENT AGREEMENT WITH GOLDEN TRIANGLE STORAGE, LLC. Councilmember ❑urlo seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-042 3. Council to consider a resolution to participate in the NexBank Money Market Account using Insured Cash Sweep. The city is currently invested in certificates of deposit for many of our investments. Valley View Consultants is assisting us with diversification of our investments, and we would like to put some money in a stable money market account that earns above market rates and provides for liquidity of funds in case we need additional monies quickly for a project or emergency. We want to put funds in the NexBank Money Market account using Insured Cash Sweep. This fund seeks to provide participants with a competitive market yield while Minute's — February 6, 2024 maintaining daily liquidity. NexBank has been in business since 1922 and has a good reputation and representatives knowledgeable about the market and available to assist us with any questions we may have. NexBank charges no fees for their transactions. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CORPORATION ACKNOWLEDGES AND AGREES THAT THE FINANCIAL INSTITUTION MAY RELY ON ALTERNATIVE SIGNATURE AND VERIFICATION CODES ISSUED TO OR OBTAINED FROM THE CITY OF BEAUMONT, CITY MANAGER, CHIEF FINANCIAL OFFICER OR ACTING CHIEF FINANCIAL OFFICER INTERIM, AND DEPUTY CONTROLLER. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-043 4. Council to consider a resolution authorizing the City Manager to accept maintenance and authorize final payment to Vortex Companies for the Long Street Grouting Repairs Project, On May 23, 2023, by Resolution No. 23-148, the City Council awarded a contract to Vortex Companies, of Houston, in the amount of $2,444,071.28, for the Long Street Grouting Repairs Project. The previous change order No. 1 is in the amount of $217,303.38. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of maintenance and final payment in the amount of $217,303.38 is recommended. Funding will come from certificates of obligation. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO MAKE FINAL PAYMENT IN THE AMOUNT OF $217,303.38 TO VORTEX COMPANIES OF HOUSTON, TEXAS FOR THE LONG STREET GROUTING REPAIRS PROJECT. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-044 Minutes — February 6, 2024 5. Council to consider an ordinance approving a final Project and Finance Plan for Reinvestment Zone Number One, City of Beaumont, Texas, making certain findings; providing a severability clause; and providing for an immediate effective date. At the December 12, 2023, City Council meeting, the City Council approved Ordinance No. 23-103 to create the Reinvestment Zone Number One for the City of Beaumont, also known as TIRZ #1. Upon creating this Tax Increment Reinvestment Zone (TIRZ), the City Council also created the Board of Directors for the TIRZ Zone that is responsible for adopting a Project and Finance Plan, which shall be submitted to City Council for approval. Exhibit B to the ordinance creating the TIRZ on December 12th included the preliminary Project and Finance Plan. The final Project and Finance Plan, which is attached to this agenda item as Exhibit A, requires approval by the City Council. There were minor changes to the preliminary Project and Finance Plan that are updated in this attached Exhibit A. These minor changes were slight modifications to the description of two projects listed in Exhibit C, in the attached Exhibit A. No other changes were made, and there were no changes made to any of the dollar amounts from the preliminary Project & Finance Plan. The TIRZ Board is scheduled to meet prior to this City Council meeting to discuss, consider, and possibly take action on a recommendation to the City Council on the Reinvestment Zone Number One final Project and Finance Plan. Formal approval of Exhibit A, the final Project, and Finance Plan is needed for Beaumont's Reinvestment Zone Number One. Upon approval, no other action will be needed for the Project and Finance Plan. Approval of the ordinance. COuncilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE, OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, APPROVING A FINAL PROJECT AND FINANCE PLAN FOR REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS; MAKING CERTAIN FINDINGS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 24-006 6. Council to consider a request for a Specific Use Permit to allow a duplex within the R-S (Residential Single -Family Dwelling) District for property located at 788 and 789 Shell Road. (This item Tabled) Fulton Johnson requests approval of a Specific Use Permit to allow a duplex to be constructed at 788 and 798 Shell Road. This property is located within the R-S (Residential Single -Family Dwelling) district and as such a two-family dwelling requires a Specific Use Permit. The structure will be two -stories with two units for a combined total of 2,390 square feet each, containing three (3) bedrooms and two and half (2.5) bathrooms. Minutes M February 6, 2024 According to our City's Comprehensive Plan the property is located within a "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... vacant parcels which may exist are good to excellent development sites." This request appears to align with our City's Comprehensive Plan of Beaumont. At a Joint Public Hearing held on January 22, 2024, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a duplex within the R-S (Residential Single -Family Dwelling) Districtfor properly located at 788 and 798 Shell Road, with the following conditions: 1. Install a 4' wide sidewalk along the property lines abutting Shell Road and Kenneth Avenue. 2. The proposed driveways be redesigned or relocated to meet City standards. 3. Construction plans must meet all requirements by Water Utilities for water and Sanitary sewer services, including any requirements of City backflow, pre- treatment and Or FOG program. 4. Construction plans must meet all Fire and Building Code requirements. Approval of the ordinance, with the following conditions: Install a 4' wide sidewalk along the property lines abutting Shell Road and Kenneth Avenue. 2. The proposed driveways be redesigned or relocated to meet City standards. 3. Construction plans must meet all requirements by Water Utilities for water and Sanitary sewer services, including any requirements of City backflow, pre- treatment and or FOG program. 4. Construction plans must meet all Fire and Building Code requirements. WORK SESSION A. To Provide an Overview of the Hiring Process for the Police Chief Vacancy COUNCILMEMBER COMMENTS (Counciimembercomments can be heard or seen atthe City of Beaumont website at beaumonttexas.gov) COUNCILMEMBER TEM DURIO - COUNCILMEMBER GETZ - MAYOR PRO TEM TURNER - COUNCILMEMBER FELDSCHAU - COUNCILMEMBER SAMUEL - Minutes w February 6, 2024 COUNCILMEMBER NEILD - CITY ATTORNEY REED --- PW DIRECTOR BARTKOWIAK — ACM BOONE — ACM ELLIS - CITY CLERK BROUSSARD - CITY MANAGER WILLIAMS - MAYOR WEST — EXECUTIVE SESSION Consider matters related to Section 551.071: Consultation with attorney on a matter in which the duty of the attorney of the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter regarding: (Cancelled) TIRZ #1 Final Plan . Consider matters related to contemplated or pending litigation with section 551.071 of the Government Code: Open Se 0 Tina Broussard, ■ The Claim of Jose Sandoval 1, James Mathews v. City of Beaumont, Texas; Cause No. A-192,887-A Clerk ourned at 2:56 p.m. Minutes -- February 6, 2024