HomeMy WebLinkAboutJUNE 04 2024 MIN-1T
T E X A S
MINUTES OF THE CITY OF BEAUMONT
COUNCIL MEETING
Albert "A.J." Turner, Mayor Pro Tern ROY WEST, MAYOR Randy Eeldschau, At -Large
Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward 11
Audwin Samuel, Ward III JUNE 4, 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 June 4, 2024, 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
* Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-3 &
9. (or any other topic). Items 4-8 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.
Andrew Wilson with Revival Culture 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, Councilmembers Durio, Getz, Feldschau and Samuel.
Absent: Mayor Pro Tern Turner and Councilmember Neild. Also, present were Kenneth R, Williams,
City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk,
Proclamations, Presentation and Recognition
"National Men's Health Month" -- June 2024 — Accepting; Norma Sampson, Executive
Director with Gift of Life along with Regina Rogers, Founder of Gift of Life
Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-3
& 9. (or any other topic). Items 4.8 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)
Michelle Modica 3200 1611 St, #116 Washington DC
Charlie Crabbe 925 East Dr. Beaumont TX
Minutes — June 4, 2024
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 May 21, 2024, City Council Meeting minutes.
B. Council to consider a resolution approving the purchase of a projector and screen for the
Jefferson Theatre -- Resolution 24-133
C. Council to consider a resolution approving the purchase of the Axon Unlimited Transcription
tool from Axon Enterprise of Scottsdale, AZ — Resolution 24-134
D. Council to consider a resolution renewing the authorized grant officials for the Southeast
Texas Auto Theft Task Force to receive funding for the Task Force grant program through
the Motor Vehicle Crime Prevention Authority for the 2025 grant year — Resolution 24-135
E. Council to consider a resolution changing authorized representatives for our Southside Bank
Business Platinum Advantage Investment Money Market Checking Account — Resolution
24-136
F. Council to consider a resolution to approve the purchase of GoodSAM software as a service
from GoodSAM Instant.Help, based in London, for use by public safety dispatchers —
Resolution 24-137
G. Council to consider a resolution to approve a Master Service Agreementwith Trinnex, based
in Manchester, NH, for the leadCAST® Predict data collection system, which will be utilized
by Water Utilities — Resolution 24-138
Councilmember Feldschau moved to approve the Consent Agenda. Councilmember Samuel
seconded the motion.
AYES. MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL
NAYS: NONE
MOTION PASSED
REGULAR AGENDA
Council to consider a resolution authorizing the City Manager to execute Change Order No.
3, accept maintenance, and authorize final payment to Viking Industrial Painting, LLC, of La
Vista, NE, for the Southwest Elevated Storage Tank Rehabilitation Project.
On April 18, 2023, by Resolution No. 23-104, the City Council awarded a contract to Viking
Painting, LLC, of La Vista, Nebraska, in the amount of $1,348,440.00, for the Southwest
Elevated Storage Tank Rehabilitation Project.
Previous Change Order Nos. 1-2 had no dollar amount.
Proposed Change Order No. 3, in the amount of ($14,545.20), is required to adjust the
estimated quantities in the contract to reflect the actual quantities used and the addition of 57
Minutes — June 4, 2024
calendar days to reflect the actual time used in the completion of the project. If approved, the
final contract amount will be $1,333,894.80.
The project has been inspected by Water Utilities Staff and found to be complete in
accordance with the provisions and terms set out in the contract. Acceptance of Change
Order No. 3, maintenance, and final payment in the amount of $61,922.70 is recommended.
Funds will come from the Water Revenue Bonds.
Approval of the resolution.
Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS
HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 3, 1N THE AMOUNT OF ($14,545.20),
THEREBY DECREASING THE TOTAL CONTRACT AMOUNT TO $1,333,894.80 FOR THE SOUTHWEST
ELEVATED STORAGE TANK REHABILITATION PROJECT, AND THAT THE, CITY MANAGER IS HEREBY
AUTHORIZED TO MAKE FINAL PAYMENT 1N THE AMOUNT OF $61,922.70 TO VIKING PAINTING, LLC, OF
LA VISTA, NEBRASKA. Councilmember Durio seconded the motion.
AYES: MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL
NAYS: NONE
MOTION PASSED
RESOLUTION 24-139
2. Council to consider a resolution approving the emergency repair of a pump for Royal Street
Underpass Pump Station.
Royal Underpass Pump Station pumps storm water from Dr. Martin Luther King, Jr. (MLK)
Parkway in the section between Franklin St and College St. The station operates four (4)
submersible pumps. Due to the age of the pumps and the abrasive nature of the storm water,
the pumps began to fail and need significant repairs to continue to function until new pumps
can be acquired. The station is currently operating with one pump, supplemented by three (3)
temporary pumps.
Triangle Rotating Equipment Specialists of Nederland, TX, was hired to repair a second
pump, transport it to their repair shop, inspect the pump, and determine what repairs, if any,
were required.
The repair scope is to blast and prime all parts; clean, rewind, dip, and bake the motor;
replace all bearings; repair all seals and furnish new O-rings; reassemble motor and pump;
test run start up. The cost to perform the work is $51,439.29.
Funds will come from the Certificates of Obligation.
Approval of the resolution,
Minutes — June 4, 2024
Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER 13E AND HE IS
HEREBY AUTHORIZED TO AWARD A CONTRACT TO TRIANGLE ROTATING EQUIPMENT SPECIALISTS, OF
NEDERLAND, TEXAS, FOR THE EMERGENCY REPAIR OF A PUMP FOR THE ROYAL STREET UNDERPASS
PUMP STATION IN THE AMOUNT OF $51,439.29. Councilmember Samuel seconded the motion.
AYES: MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL
NAYS: NONE
MOTION PASSED
RESOLUTION 24-140
3. Council to consider a resolution authorizing the City Manager to accept maintenance and
authorize final payment to Aranda Industries, LLC, for the Caldwood Area Storm Sewer Point
Repairs (REBID) Project.
On December 19, 2023, by Resolution No. 23-391, the City Council awarded a contract to
Aranda Industries, LLC, of Houston, in the amount of $93,000.00, for the Caldwood Area
Storm Sewer Point Repairs (REBID) Project.
Previous Change Orders Nos. 1 - 2, in the amount of $8,983.00.
Proposed Final Change Order No. 3, in the amount of $5,000.00, is needed to adjust the
estimated quantities in the contract to reflect the actual quantities used in the completion of
the project. If approved, the adjustment in quantities would result in a final contract amount of
$106,983.00.
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 Final
Change Order No. 3, maintenance, and final payment in the amount of $11,490.90 is
recommended.
Funds will come from the Certificates of Obligation.
Approval of the resolution.
Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE
IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO, 3, IN THE AMOUNT OF $5,000.00, THEREBY
INCREASING THE TOTAL CONTRACT AMOUNT TO $106,983.00 FOR THE CALDWOOD AREA STORM
SEWER POINT REPAIRS (REBID) PROJECT AND THAT THE CITY MANAGER IS HERESY AUTHORIZED TO
MAKE FINAL PAYMENT IN THE AMOUNT OF $11,490.90 TO ARANDA INDUSTRIES, LLC, OF HOUSTON,
TEXAS. Councilmember Getz seconded the motion.
AYES: MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL
NAYS: NONE
MOTION PASSED
Minutes w June 4, 2024
RESOLUTION 24-141
4. Council to consider a request to abandon a portion of Cottonwood Avenue right-of-way
located south of 2505 Gulf Street, between Gulf Street and Jirou Street.
The City of Beaumont is requesting to abandon a portion of the right-of-way located south of
2505 Gulf Street, between Gulf Street and Jirou Street. The right-of-way is approximately 60'
x 300' and the City has no plans to develop the unimproved right-of-way, and it appears
surrounding properties have been using the area in relation to their businesses.
At a Joint Public Nearing held on May 20, 2024, the Planning Commission recommended 8:0
to approve the request to abandon a portion of Cottonwood Avenue right-of-way for property
located south of 2505 Gulf Street, between Gulf Street and Jirou Street, with the following
conditions:
The City of Beaumont will retain a utility and access easement for the full width
of the existing right-of-way for both existing water and sewer utilities.
2. No permanent structures or appurtenances shall be placed within the
easement property.
Approval of the ordinance, with the following conditions.
The City of Beaumont will retain a utility and access easement for the full width
of the existing right-of-way for both existing water and sewer utilities.
2. No permanent structures or appurtenances shall be placed within the
easement property.
Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ABANDONING
A PORTION OF COTTONWOOD AVENUE RIGHT-OF-WAY LOCATED SOUTH OF 2505 GULF STREET
BETWEEN GULF STREET AND J1ROU STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS. Councilmember Durio seconded the motion.
AYES: MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL
NAYS: NONE
MOTION PASSED
ORDINANCE 24-023
5. Council to consider a request for a Specific Use Permit to allow an event center in the CBD
(Central Business District) for property located at 515 Magnolia Avenue.
Ebonia Winfield is requesting a Specific Use Permit to operate an event center in the CBD
(Central Business District). TPB Studio will operate as an event center or venue offering
flexible space configurations for gatherings of different sizes.
The Central Business District is intended to accommodate the commercial offices and
service, residential and public activities. The use of an event center at this location will
promote pedestrian activity and aid in economic growth of the downtown area. Although the
Minutes -- June 4, 2024
CBD district does not have parking requirements, our City's Traffic Engineer has concerns
that on -street parking could become overcrowded and prevent emergency services access
during larger events.
At a Joint Public Hearing held on May 20, 2024, the Planning Commission recommended 8:1
to approve the request for a Specific Use Permit to allow an event center in the CBD (Central
Business District) for property located at 515 Magnolia Avenue, with the following conditions:
1. Construction plans must meet all requirements by Water Utilities for water and
sanitary sewer services, including any requirements of the City's backflow, pre-
treatment and/or FOG program.
2. Construction plans shall comply with all applicable Fire and Building Code
requirements.
3. To ensure safety and prevent future parking issues during large events, the
owner will need to submit a written parking agreement with nearby property
owners to ensure proper overflow parking. It will be the responsibility of the
owner to enforce overflow parking during events.
Approval of the Ordinance, with the following conditions:
Construction plans must meet all requirements by Water Utilities for water and
sanitary sewer services, including any requirements of the City's backflow, pre-
treatment and/or FOG program.
2. Construction plans shall comply with all applicable Fire and Building Code
requirements.
3. To ensure safety and prevent future parking issues during large events, the
owner will need to submit a written parking agreement with nearby property
owners to ensure proper overflow parking. It will be the responsibility of the
owner to enforce overflow parking during events.
Approval of the ordinance.
Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A
SPECIFIC USE PERMIT TO ALLOW AN EVENT CENTER WITHIN THE CBD (CENTRAL BUSINESS DISTRICT)
FOR PROPERTY LOCATED AT 515 MAGNOLIA AVENUE, WITH THE CONDITIONS, IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Durio seconded the motion.
AYES: MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL
NAYS: NONE
MOTION PASSED
ORDINANCE 24-024
6. Council to consider a request for a Specific Use Permit to allow a mother-in-law suite in an
RS (Residential Single -Family Dwelling) District for property located at 165 Manor Street.
Minutes — June 4, 2024
Matthew Thompson is requesting a Specific Use Permit to allow a mother-in-law suite to
remain at 165 Manor Street, This property is located within the RS (Residential Single -Family
Dwelling) District and as such a two-family dwelling requires a Specific Use Permit. When
purchased by Mr. Thompson the existing structure had all utilities connected as it was a utility
shed. Mr. Thompson made minor alterations to the existing structure, converting the existing
structure into a dwelling unit. Mr. Thompson is selling the property and to ensure compliance
with the City of Beaumont he is seeking approval of the unit.
At a Joint Public Hearing held on May 20, 2024, the Planning Commission recommended 9:0
to approve the request for a Specific Use Permit to allow a mother-in-law suite in an RS
(Residential Single -Family Dwelling) District for property located at 165 Manor Street, with
the following condition:
The mother-in-law suite shall not be used as individual rental property. Said
condition shall be disclosed to the buyer at the time of sale of this property.
Approval of the ordinance, with the following condition:
1. The mother-in-law suite shall not be used as individual rental property. Said
condition shall be disclosed to the buyer at the time of sale of this property.
Approval of the ordinance.
Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A
SPECIFIC USE PERMIT TO ALLOW A MOTHER-IN-LAW SUITE WITHIN AN R-S. (RESIDENTIAL SINGLE-
FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 165 MANOR STREET, WITH THE CONDITION,
IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Durio seconded the
motion.
AYES: MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUE,L
NAYS: NONE
MOTION PASSED
ORDINANCE 24-025
7. Council to consider a request for an Amended Specific Use Permit to expand a parking lot for
Nutrition Services in an RM-M (Residential Multiple Family -Medium Density) District for
property located at 4590 Concord Road.
Janci Kimball of Nutrition and Services requests approval of an Amended Specific Use
Permit to allow a parking lot expansion at their property located at 4590 Concord Road.
Nutrition and Services has served Jefferson and Hardin County for over forty (40) years,
providing meals to seniors daily, transportation to life -sustaining appointments and grocery
programs. The request to expand the parking lot will be intended to serve as additional
parking to the establishment in conjunction with the existing site.
At a Joint Public Hearing held on May 20, 2024, the Planning Commission recommended 9:0
to approve the request for an Amended Specific Use Permit to expand a parking lot for
Minutes — June 4, 2024
Nutrition Services in an RM-M (Residential Multiple Family -Medium Density) District for
property located at 4590 Concord Road.
Approval of the ordinance.
Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN
AMENDED SPECIFIC USE PERMIT TO EXPAND A PARKING LOT FOR NUTRITION AND SERVICES IN A RM-,
(RESIDENTIAL MULTIPLE FAMILY -MEDIUM DENSITY) DISTRICT FOR PROPERTY LOCATED AT 4590
CONCORD ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember
Feldschau seconded the motion.
AYES: MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL
NAYS: NONE
MOTION PASSED
ORDINANCE 24-026
8. Council to consider a request for a Rezoning from RM-H (Residential Multiple Family -Highest
Density) District and NC (Neighborhood Commercial) District to GC -MD (General
Commercial -Multiple Family Dwelling) District for properties located at 7090 Phelan
Boulevard and 7095 Prutzman Road.
Gerald Callas of Kare Infusion is requesting approval for a Rezoning from RM-H (Residential
Multiple Family -Highest Density) and NC (Neighborhood Commercial) District to GC -MD
(General Commercial -Multiple -Family Dwelling) District for the properties located at 7090
Phelan Boulevard and 7095 Prutzman Road. The intent of the request is to rezone the
properties to allow for more amenities along Phelan Boulevard and expansion of the parking
lot of the existing business to Prutzman Road. Furthermore, Phelan Boulevard is categorized
as a major arterial and common planning practices encourage commercial uses along such
roadways.
At a Joint Public Hearing held on May 20, 2024, the Planning Commission recommended 9:0
to approve the request for a Rezoning from RM-H (Residential Multiple Family -Highest
Density) District and NC (Neighborhood Commercial) District to GC -MD (General
Commercial -Multiple Family Dwelling) District for property located at 7090 Phelan Boulevard
and 7095 Prutzman Road.
Approval of the ordinance.
Councilmember Getz 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 RM-H (RESIDENTIAL MULTIPLE
FAMILY -HIGHEST DENSITY) DISTRICT AND NC (NEIGHBORHOOD COMMERCIAL) DISTRICT TO GC -MD
(GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTIES LOCATED AT 7090
PHELAN BOULEVARD AND 7095 PRUTZMAN ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY,
Councilmember Durio seconded the motion.
Minutes — June 4, 2024
AYES: MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL
NAYS: NONE
MOTION PASSED
ORDINANCE 24-027
PUBLIC HEARING
;. Council to conduct a Public Hearing regarding a grant application and execute a contract with
the Federal Transit Administration (FTA) to receive the remaining apportionment of Operating
Assistance funds for the BMT Zip,
Public Hearing Open: 2:02 p.m.
None
Public Hearing Close: 2:02 p.m.
REGULAR AGENDA
9. Council to consider a resolution authorizing the City Manager to submit a grant application
and execute a contractwith the Federal Transit Administration (FTA) to receive the remaining
apportionment of Operating Assistance funds for the BMT Zip.
The City of Beaumont through its transit operator the BMT 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 BMT
Zip incurred in FY2024. In addition, funds will be used for bus stop benches and shelters,
automatic gate to bus yard, shop lift, credit card processing software and hardware, fueling
area canopy, tractor mower and an ADA ramp to transit headquarters facility. The partial
grant period runs from March 1, 2024, to September 30, 2024.
Funds will come from the Federal Transit Administration.
Approval of the resolution.
Councilmember 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
FEDERAL TRANSIT ADMINISTRATION (FTA) TO RECEIVE THE REMAINING APPORTIONMENT OF
OPERATING ASSISTANCE FUNDS FOR THE BEAUMONT ZIP. Councilmember Feldschau seconded
the motion.
AYES: MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL
NAYS: NONE
MOTION PASSED
RESOLUTION 24-142
Minutes - June 4, 2024
COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen at the City
of Beaumont website at beaumonttexas.gov)
With there be
Tina Broussard, City Clerk
the meeting adjourned at 2:06 p.m.
Minutes —June 4, 2024