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Home My WebLink AboutAPR 02 2024 MINr T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner, Mayor Pro Tern ROY WEST, MAYOR Randy Feldschau, At -Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III APRIL 2, 2024 Chris Durio, Ward IV Tina Broussard, City Clerk Kenneth 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 April 2, 2024, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: �i37 i k, - Invocation Pledge of Allegiance Roll Call Proclamations, Presentation and Recognition Public Comment: Persons may speak on the Consent Agenda/RegularAgenda items 1, 2 & 5. (or any other topic). Items 3 & 4 have already been heard in a Public Hearing therefore, citizens can't speak on those items. Mayor West called the council meeting to order at 1:30 p.m. Pastor Justin Buchanan, with Calvary Baptist 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 was Kenneth Williams, City Manager; Sharae Reed, City Attorney; and Tina Broussard, City Clerk. Proclamations, Presentation and Recognition "Fair Housing Month" — April 2024 -- Proclamation accepted by Jes Prince, CBDG Manager, with the City of Beaumont "National Public Health Week" — April 1-7, 2024 — Proclamation accepted by Kenneth Coleman, Public Health Director, with the City of Beaumont "Autism Awareness Month" -- April 2024 — Proclamation accepted by Kara Michael "Neches River Festival Week" — April 2-14, 2024 — Proclamation accepted by Molly Moore, with the Neches River Festival "Child Abuse and Forensic Services" — Proclamation accepted Cordella Lyon, Program Coordinator for Baptist Hospital of SETX Minutes —April 2, 2024 Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1, 2 & 5. (or any other topic). Items 3 & 4 have 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) Irmalyn Thomas 2235 Lela St. Beaumont TX Christopher Jones 1045 Doucette Ave. Beaumont TX Charlie Crabbe 928 East Dr. Beaumont TX Herman Davis 3055 Robinhood Ln. Beaumont TX Carlton Sharp 5150 Plant Rd. Beaumont TX Amy Michele Modica 3200 16111 St. NW #116 Washington DC Beverly Hatcher 7 Sandlewood Dr. Beaumont TX LaDonna Sherwood — Haley 5265 Richard Dr. Beaumont TX Addie Allen 9695 Gross Beaumont TX Lashon Proctor 4680 Jancar 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 March 19, 2024, City Council meeting minutes. B. Council to consider a resolution approving the annual contractor to provide Heating, Ventilation and Air Conditioning (HVAC) services as needed by the city -- Resolution 24-080 C. Council to consider a resolution adopting the Transit Asset Management Plan established by ZIP — Resolution 24-081 D. Council to consider a resolution approving the amended Drug and Alcohol Policy for employees of BMT ZIP — Resolution 24-082 E. Council to consider a resolution approving the acceptance of two (2) Exclusive Water Line Easement — Resolution 24-083 F. Council to consider a resolution accepting payment in the amount of $188.00 for the principal of a weed lien and the lien assessment fee for lien filed on July 27, 1988, and $188.00 forthe principal of a weed lien and the lien assessment fee for lien filed on January 20, 1989 (totaling $376,00) for property legally described as Calder L7 B32 (1183 Laurel St.), waiving weed lien interest in the amount of $1,293.33 -- Resolution 24-084 Minutes — April 2, 2024 G. Council to consider a resolution approving a contract for the installation of a PrivavcyLink fence around the Fleet Management Facility — Resolution 24-085 H. Council to consider amendments to the tax abatement agreement with Arbor Renewable Gas LLC -- Resolution 24-086 Councilmember Feldschau 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 REGULAR AGENDA 1. Council to consider a resolution approving the purchase and installation of remote fuel level monitors and related control panels for Water Production generators. The City owns and maintains one (1) generator at Lawson's Pump Station and three (3) generators at the Pine Street Water Treatment Plant. This project is to furnish and install fuel level devices for remote monitoring of the generator fuel volume. The control panels for the four (4) generators will also be upgraded to communicate with the fuel level devices. The total cost of the work is $125,212.34. Mustang CAT will perform the work as an authorized dealer and sole source provider for Caterpillar machinery, service, and parts. Funds will come from the Water Fund. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL BE AND ARE HEREBY AUTHORIZED TO APPROVE THE PURCHASE AND INSTALLATION OF REMOTE FUEL LEVEL MONITORS AND RELATED CONTROL PANELS FOR WATER PRODUCTION GENERATORS AT THE LAWSON PUMP STATION IN THE AMOUNT OF $125,212.34 FROM MUSTANG CAT OF HOUSTON, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-087 2. Council to consider a request for rezoning from R-S (Residential Single -Family Dwelling) District to GC -MD (General Commercial -Multiple Family Dwelling) District or a more restrictive district for property located at 3060 North Dowlen Road. Minutes April 2, 2024 David Fenner of Dowlen Road Church of Christ is requesting approval for a Rezoning from R-S (Residential Single -Family Dwelling) to GC -MD (General Commercial — Multiple -Family Dwelling) for the property located at 3060 North Dowlen Road. The intent of the rezone request is to streamline development procedures for any future expansion or reuse of the church. If the zoning district were to remain R-S a Specific Use Permit would be required if the church intended to expand or re -use the building for other purposes. Furthermore, Dowlen Road is categorized as a major arterial and common planning practices encourage commercial uses along such roadways. At a Joint Public Hearing held on March 18, 2024, the Planning Commission recommended 8:0 to approve the request for Rezoning from R-S (Residential Single -Family Dwelling) District to GC -MD (General Commercial -Multiple Family Dwelling) District or a more restrictive district for property located at 3060 North Dowlen Road. Approval of the ordinance. Councilmember Feldschau 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 R-S (RESIDENTIAL SINGLE- FAMILY DWELLING) DISTRICT TO GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3060 NORTH DOWLEN ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 24-016 3. Council to consider a request for Rezoning from R-S (Residential Single -Family Dwelling) District to Ll (Light Industrial) District or a more restrictive district or a more restrictive district for property located at 5895 Lafin Drive. The City of Beaumont Planning Division requests approval to rezone 5895 Lafin Drive from R-S (Residential Single -Family Dwelling) District to LI (Light Industrial) District. The northern half of this site is currently used as the City's landfill and is zoned LI while the southern half remains undeveloped and zoned R-S. Planning staff is recommending amending the zoning district of the city -owned properties to have a consistent zoning district and minimize any delays to future projects or expansion of the landfill. According to the City's Comprehensive Plan the property is located within the designated "Landfill" area. This request appears to align with the plan. At a Joint Public Hearing held on March 18, 2024, the Planning Commission recommended 8:0 to approve the request for Rezoning from R-S (Residential Single -Family Dwelling) Minules — April 2, 2024 District to LI (Light Industrial) District or a more restrictive district for property located at 5895 Lafin Drive. Approval of the ordinance. Councllmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AN❑ 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 R-S (RESIDENTIAL SINGLE- FAMILY DWELLING DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED AT 5895 LAFIN DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS. NONE MOTION PASSED ORDINANCE 24-017 PUBLIC HEARING Council to conduct a Public Hearing to consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive partial Operating Assistance funds for the ZIP. Public Hearing Open: 2:24 p.m. None Public Hearing Close: 2:24 p.m. Council to conduct a Public Hearing to receive comments on the Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2024 Annual Action Plan Public Hearing Open: 2:24 p.m. None Public Hearing Close: 2:25 p.m. REGULAR AGENDA 4. Council to consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive partial Operating Assistance Funds for the ZIP. Minutes — April 2, 2024 The City of Beaumont through its transit operator the Zip has prepared a grant application for FY2024 partial grant funds from the FTA. The partial grant will help fund labor, fringe benefits, vehicles, parts and supplies, purchased services, utilities, insurance, licenses, and all other miscellaneous expenses needed for the operation and maintenance of the Zip incurred in FY2024. The partial grant period runs from October 1, 2023, through March 1, 2024. Funds will come from the Federal Transit Administration. Source Amount FTA 5307 Grant $1,150,863 City Share $1,150,863 Total $23301,726 Conduct a public hearing and approve the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPLY FOR AND EXECUTE A CONTRACT IN THE AMOUNT OF $1,150,863.00 TO RECEIVE PARTIAL OPERATING ASSISTANCE FUNDS FOR THE ZIP THROUGH THE FEDERAL TRANSIT ADMINISTRATION. Mayor Pro Tem Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-088 COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) The Council recessed into Executive Session at 3:17 p.m. EXECUTIVE SESSION 4. Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter regarding in accordance with Section 551.071 of the Government Code Fire Pension Plan Proposal The Council reconvened into Regular Session at 4:40 p.m. Roll Call: Mayor and Council, all present. 5. Council to consider amending Chapter 2, Section 2.03.074 of the Code of Ordinances to add twelve Grade 1 Firefighters positions. Minutes — April 2, 2024 The EMS Division, formerly a part of the Public Health Department, was moved into the Fire Department in January 2021. In March 2021, the Council adopted Ordinance No. 21-009, which added nine additional firefighter positions, At that time, Council was presented with a plan to convert vacant EMS positions to firefighter positions provided that the conversion was successful, and funding was available. The purpose of the plan was to have a more secure staffing plan. In accordance with this plan, the Administration has identified twelve vacancies in the EMS Division and is proposing to convert those twelve vacancies to firefighter positions. Funds will come from the General Fund. Approval of the ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING SECTION 2.03.074 OF THE CODE OF ORDINANCES BY INCREASING THE NUMBER OF GRADE 1 FIREFIGHTER POSITIONS IN THE BEAUMONT FIRE DEPARTMENT FROM ONE HUNDRED NINE (109) TO ONE HUNDRED TWENTY-ONE (121); PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. COuncilmember Durio seconded the motion. AYES: NAYS: MOTION PASSED ORDINANCE 24-018 With there bej g no other i Roy l�rt, M": Tina Broussard, City Clerk MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEIL.D s to come before Council the meeting adjourned at 4:45 p.m. Minutes —April 2, 2024