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Home My WebLink AboutNOV 05 2024 MINBEAUMONT T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner, At -Large ROY WEST, MAYOR Randy Feldschau, At -Large Taylor Neild, Mayor Pro Tern CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III NOVEMBER 5, 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 November 5, 2024, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m., to consider the following: 6,61UA Invocation Pledge of Allegiance Roll Call Proclamations, Presentation and Recognition Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-4 & 8. (or any other topic). Items 5-7 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 Donnie Flippo with The Gospel Center 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 Neild, Councilmembers Durio, Getz, Turner, Feldschau and Samuel. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition "Beaumont Firefighters Local #399 "MDA Fill the Boot Days" — November 8-10, 2024 — Accepting; David Carpenter and members of Local #399 along with members of the MDA "Veterans Day" — November 11, 2024; Cheryl Williams, 2nd District Commander for the Department of Texas. Recognition — Employee Service Award Last Name First Name Dept/Div Year of Service Flores Joe Traffic Management 40 Ridley Janice Grants 40 Hawkins Jr. Michael Fire Su -C Shift 35 Jackson Jerry Criminal Investigations 35 Lachance Gerald Police Administration 35 Lane Randall Building Services 35 Minutes — November 5, 2024 Schuldt George Patrol 35 Spikes Alfred Criminal Investigations 30 Trahan III Howard Patrol 30 Beard Barbara Technology Service 25 Dischler Ronald Patrol 25 Donald Durlin Streets & Drainage 25 Downs Jeffery Water Customer Sery 25 Guillory D'uana W.I.C. 25 Keen Jr. Leland Criminal Investigations 25 Council recessed at 2:00 p.m. Council reconvened at 2:05 p.m. Mayor West read the announcement regarding Executive Session being held after the conclusion of Councilmember Comments. Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-4 & 8. (or any other topic). Items 5-7 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 beau monttexas.gov) Amanda Yarbrough 701 Main St. Beaumont TX Taylor Blount 701 Main St. Beaumont TX Elizabeth Brown 6250 Ivanhoe Ln. #19 Beaumont TX Seth Wells 6890 Glenn Willow Dr. Beaumont TX Zach Stiles 1470 Thomas Rd. Beaumont TX Charlie Crabbe 928 East Dr. 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 October 29, 2024, City Council meeting minutes. B. Council to consider approving a calendar for the FY 2025 City Council meetings — Resolution 24-285 C. Council to consider a resolution authorizing the City Manager or his designee to enter into a service agreement with Lexipol for the Fire Department — Resolution 24-286 D. Council to consider a resolution approving a permit to Texas Commission on Environmental Quality — Resolution 24-287 Councilmember Neild moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. Minutes — November 5, 2024 AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED REGULAR AGENDA 1. Council to consider a resolution authorizing the City Manager to award a contract to MK Constructors, of Vidor, for the Concrete Pavement Repair Citywide — Phase III Project. The Concrete Pavement Repair Citywide — Phase III Project consists of removing and replacing concrete pavement, concrete curb, crack sealing concrete pavement, and all other work related to concrete pavement repair. On October 24, 2024, six (6) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate is $4,200,000.00. The bid items are totaled in the table below: Contractor Location Bid Total MK Constructors Vidor TX $4,130,000.00 Eastex Utility Construction Beaumont, TX $4,193,127.50 ALLCO, LLC Beaumont, TX $4,350,919.00 Texas Materials Group Beaumont, TX $5,327,579.95 Brystar Contracting, Inc Beaumont, TX $5,426,331.75 Norman Highway Constructors, Inc Orange, TX $5,624,590.00 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, MK Constructors, in the amount of $4,130,000.00. A total of three hundred and sixty- five (365) calendar days are allocated for completion of the project. Funds will come from Certificates of Obligation. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO MK CONSTRUCTORS, OF VIDOR, TEXAS, IN THE AMOUNT OF $4,130,000.00, FOR THE CONCRETE PAVEMENT REPAIR CITYWIDE -PHASE III PROJECT AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH MK CONSTRUCTORS, OF VIDOR, TEXAS. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-288 Minutes — November 5, 2024 2. Council to consider a resolution authorizing the City Manager to enter into an Advanced Funding Agreement with TxDOT for the maintenance of new signs and pavement markings at the Milam Street railroad crossing. Union Pacific Railroad and TxDOT's Rail Division will soon begin a project to upgrade the safety devices at the Milam Street crossing (DOT No. 762564M). The project includes the installation of new signs and pavement markings at no cost to the city. While the City already handles the maintenance of signs and markings on locally owned streets, this agreement with TxDOT is necessary to formalize the transfer of maintenance responsibilities for the newly installed signs and markings. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO AN ADVANCED FUNDING AGREEMENT BETWEEN THE CITY OF BEAUMONT AND THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE MAINTENANCE OF NEW SIGNS AND PAVEMENT MARKINGS AT THE MILAM STREET RAILROAD CROSSING. Mayor Pro Tern Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-289 3. Council to consider a resolution authorizing the City Manager to accept maintenance and authorize final payment to SETEX Construction Corp., for the Forsythe Drainage Improvements Project. On May 21, 2024, by Resolution No. 24-130, the City Council awarded a contract to SETEX Construction Corp., of Beaumont, in the amount of $683,166.00, for the Forsythe Drainage Improvements Project. There was a previous Change Order No. 1, with no dollar amount. 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 $34,846.32 is recommended. Funds will come from the Certificates of Obligation. Approval of the resolution. Councilmember Turner moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ACCEPT MAINTENANCE AND MAKE FINAL PAYMENT TO SETEX CONSTRUCTION CORP., OF BEAUMONT, TEXAS, IN THE AMOUNT OF $34,846.32 FOR THE FORSYTHE DRAINAGE IMPROVEMENTS PROJECT. Councilmember Durio seconded the motion. Minutes — November 5, 2024 AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-290 4. Council to consider a resolution authorizing the purchase of (1) Primary Recirculation Pump Replacement at the Wastewater Treatment Plant. The Wastewater Treatment Plant is a trickling filter plant and requires that the media on the filters stay wet during low flow times. The Recirculation Station started with three (3) pumps in its original design (5, 10, and 15 MGD). Two (2) working pumps are a must for the plant to function efficiently. As of today, two (2) of the three (3) pumps are out of service. The 15 MGD pump was ordered under Resolution 23-352 and is pending delivery and installation. We are requesting approval for the replacement of the five (5) MGD Primary Recirculation Pump which is budgeted for in fiscal year 2025. The total pricing for one (1) Fairbanks Morse pump and motor is $153,298.00 and was obtained from JDC Fluid Equipment, LLC, of Houston, the sole source provider of the Fairbanks Morse pumps used at the Wastewater Treatment Plant. The quote and sole source letter are attached for your reference. The delivery time is estimated to be between 22-24 weeks after the order is received. Funds will come from the Water Fund. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL BE AND HEREBY AUTHORIZE TO APPROVE THE PURCHASE OF ONE (1) PRIMARY RECIRCULATION PUMP REPLACEMENT AT THE WASTEWATER TREATMENT PLANT, IN THE AMOUNT OF $153,298.00 FROM JDC FLUID EQUIPMENT, LLC., OF HOUSTON, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-291 5. Council to consider a request for a Specific Use Permit to allow a duplex in an R-S (Residential -Single Family Dwelling) District for property located at 3375 Avenue C. Rodney Davis, of Destin Developments LLC, is requesting approval of a Specific Use Permit to allow a duplex at 3375 Avenue C. The duplex will be a new construction, and the developer intends to rent the units. Parking will be provided within the garages and driveways Minutes — November 5, 2024 of each unit. The intent of the project is to expand housing options to the community and promote infill development of vacant properties. According to our City's Comprehensive Plan the property is located within the "Conservation Revitalization Area, "such areas are "built up areas where a significant portion of the area is experiencing influences such as incompatible land uses, dilapidated and derelict structures, a decline in population and in the number of housing units and businesses. Immediate actions are needed to prevent continued deterioration and to reverse and repair those conditions." This request appears to align with our City's Comprehensive Plan for Beaumont. At a Joint Public Hearing held on October 21, 2024, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow a duplex in an RS (Residential - Single -Family) District for property located at 3375 Avenue C, 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. A 4' wide sidewalk shall be installed along the front property line abutting Avenue C in a manner approved by the City Public Works Department. Approval of the ordinance, with the following conditions: Construction plans must meet all requirements by Water Utilities forwater 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. A 4' wide sidewalk shall be installed along the front property line abutting Avenue C in a manner approved by the City Public Works Department. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A DUPLEX WITHIN AN R-S (RESIDENTIAL -SINGLE FAMILY DWELLING DISTRICT FOR PROPERTY LOCATED AT 3375 AVENUE C, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-068 Minutes — November 5, 2024 6. Council to consider a request for a Specific Use Permit to allow a second dwelling unit in an R-S (Residential -Single Family Dwelling) District for property located at 8590 Humble Road. Christopher Vargas is requesting a Specific Use Permit to keep a second dwelling unit on the property located at 8590 Humble Road. This property is located within the R-S (Residential Single -Family Dwelling) District and as such a second dwelling unit requires a Specific Use Permit. The City issued a Stop Work Order as no permits were filed prior to retrofitting a storage building into a dwelling unit. Mr. Vargas is seeking approval of the second dwelling unit to begin the process to come into compliance with City Ordinances. At a Joint Public Hearing held on October 21, 2024, the Planning Commission recommended 5:0 to deny the request for a Specific Use Permit to allow a second dwelling unit in an R-S (Residential Single -Family Dwelling) District for property located at 8590 Humble Road. Denial of Ordinance. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE DENYING A SPECIFIC USE PERMIT TO ALLOW A SECOND DWELLING UNIT IN AN R-S (RESIDENTIAL -SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 8590 HUMBLE ROAD, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION DENIED 7. Council to consider a request for a rezoning from an RM-H (Residential Multiple Family - Highest Density) District to a GC -MD (General Commercial -Multiple Family Dwelling) District or a more restrictive district for property located just south of 3250 South 11th Street. Delores Dee Chevis, of Dee Richard Real Estate Investments LLC, is requesting approval of a Rezoning from an RM-H (Residential Multiple Family -High Density) District to a GC -MD (General Commercial -Multiple Family Dwelling) District or a more restrictive zoning district to four lots located just south of 3250 South 11th Street. The purpose of this request is to open commercial development opportunities to this property. According to the Comprehensive Plan the property is located within a "Conservation Revitalization Area,"such areas are "built up areas where a significant portion of the area is experiencing influences such as incompatible land uses, dilapidated and derelict structures, a deteriorating or poor public infrastructure, and a decline in population and in the number of housing units and businesses. Immediate actions are needed to prevent continued deterioration and to reverse and repair those conditions." The proposed Rezoning appears to align with the Comprehensive plan as it would foster the continued growth of the commercial businesses fronting along South 11th street. Additionally, the property fronts a major arterial road, which typically encourages and supports high density uses. Minutes — November 5, 2024 The City Council recently expressed some concern for the number of large, multi -family developments in areas already suffering from heavy traffic (like Major Drive). In addition, the Council addressed interest in encouraging less dense developments, such as townhomes or detached units. These could still offer subsidized rents but do so in a less congested way. Finally, HUD documents indicate that developments that offer both subsidized and market - rate units, a variety of income levels, offer better outcomes for residents. Therefore, the proposed scoring system awards more points for such developments. Currently, the city does not have a scoring system in place and would like to implement a plan so staff may recommend, and the City Council may make decisions based on data to proposed TDHCA tax credit developments in the future. Approval of the resolution. Mayor Pro Tern Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY ADOPTS A SCORING SYSTEM FOR PROPOSALS SUBMITTED BY DEVELOPERS IN RELATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (TDHCA) ANNUAL COMPETITION FOR TAX CREDITS. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-292 COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: ■ The claim of Deborah Mann Consider matters related to the Deliberation Purchase, Lease Exchange or Value of Real Property with Section 551.072 of the Government Code, to wit: ■ Being a Portion of the Right -of -Way along Lucas Drive and the Property Line of 622 W. Lucas Drive, being 0.03 acres more or less Consider matters to deliberate the employment, evaluation, duties of a public officer or employee in accordance with Section 551.074 of the Government Code, to wit specifically: ■ Criag Lively, Chief Magistrate ■ Tina Broussard, City Clerk ■ Sharae Reed, City Attorney Minutes — November 5, 2024 At a Joint Public Hearing held on October 21, 2024, the Planning Commission recommended 5:0 to approve the request for a Rezoning from an RM-H (Residential Multiple Family -Highest Density) District to a GC -MD (General Commercial -Multiple Family Dwelling) District or a more restrictive zoning district, for property located just south of 3250 South 11th Street. Approval of the ordinance. Councilmember 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 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 JUST SOUTH OF 3250 SOUTH 11TH STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-069 PUBLIC HEARING �6 Council to Receive Comments Regarding the City's Emergency Management Program and Plan Public Hearing Open: 3:02 p.m. None Public Hearing Close: 3:02 p.m. WORK SESSION Council to Review and Discuss the Application and Scoring Process for Low Income Tax Credit Housing Developments 8. Council to consider a resolution adopting a scoring system for proposals submitted by developers in relation to the Texas Department of Housing and Community Affairs (TDHCA) Annual Competition for Tax Credits. The city annually receives requests from developers for support to their applications to the TDHCA tax credit competition. For the developer to submit the application to the State, the TDHCA requires that the City Council acknowledge and confirm that the City of Beaumont has more than twice the state average of units per capita supported by Housing Tax Credits or Private Activity Bonds. Minutes — November 5, 2024 Open Session ■ Kenneth R. Williams, City Manager meeting adj99med at 3:26 p.m. ina Broussard, City Clerk oxoeo®� � • Minutes — November 5, 2024