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Home My WebLink About03/23/2020 MINB-E..AUM�QN..T M I N U T E S- CITY OF BEAUMONT W.L. Pate, Jr., Mayor Pro Tem BECKY AMES, MAYOR Randy Feldschau., At -Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel, Ward III MARCH 23, 2020 Robin Mouton, Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk 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 March 23, 2020, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: * . Invocation Pledge of Allegiance Roll Call * Presentation and Recognition * Public Comment: Persons may speak on scheduled agenda items No. 1, 2 and 5/Consent Agenda * Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Councilmember Audwin Samuel gave the invocation. Mayor Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tem Pate, Councilmembers Neild, Getz, Feldschau, Mouton and Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions None Public Comment: Persons may speak on scheduled agenda items No. 1, 2 and 5/Consent Agenda None CONSENT AGENDA Approval of minutes — Approval of minutes — March 17, 2020 * Confirmation of board and commission member appointments — Resolution 20-068 Dora Nisby would be appointed to the Community Development Advisory Committee. The term would commence March 23, 2020 and expire September 30, 2021... (Councilmember Randy Feldschau) Minutes — March 23. 2020 A) Approve an Interlocal Agreement with the Jefferson County Sheriff's Office for use of computer aided dispatch and records management software — Resolution 20-069 B) Approve a resolution to reject all bids received for Basic Life/Basic Accidental Death & Dismemberment (AD&D), Voluntary Life and AD&D, Dependent Life and Long -Term Disability Insurance — Resolution 20-070 Councilmember Feldschau moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider an ordinance extending the public health emergency disaster declaration proclaimed on March 16, 2020. The Texas Disaster Act.of 1975, Local Government Code Chapter418 designates the Mayor as the Emergency Management Director of the City of Beaumont. As such, the Mayor on March 16, 2020, declared for the City of Beaumont and its incorporated areas pursuant to §418.108(a) of the Act, a local state of disaster and public health emergency necessitated threat posed by the spread of COVID-19. The declaration shall continue for a period of not more than seven (7) days unless continued or renewed by the City Council. This threat has not subsided. It is the desire of the Mayor that the declaration be extended until further notice. Approval of Ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE OF THE CITY OF BEAUMONT EXTENDING THE PUBLIC HEALTH EMERGENCY DISASTER DECLARATION; AND ADDING THAT THE MUNICIPAL AIRPORT REMAIN OPEN; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 20-010 2. Consider an ordinance approving the settlement of the proposed rate increase of Centerpoint Energy Resources Corp. d/b/a Centerpoint Energy Eastex and Centerpoint Energy Texas Gas to increase rates in the Beaumont/East Texas Division. Minutes — March 23, 2020 On November 14, 2019, Centerpoint Energy filed its intent to increase rate_ s within the Beaumont/East Texas Division. The City Council suspended the request until February 12, 2020 to allow for a review and recommendation of its attorneys and consultants. After review and analysis, it was recommended that the request be denied at the Cities jurisdictional level. It was anticipated that the denials would be appealed to the Railroad Commission and joined in the existing Commission proceedings. , The parties in the Railroad Commission proceeding have reached a potential settlement. This settlement would reduce the original request of the approximately $6.816 million to 'a $4 million annual rate increase. It is agreed that this increase would be spread to all customer classes reflecting a more balanced rate design for all customer groups. It is also agreed that the rate is not to be implemented until October 2020. This settlement is being recommended by the Cities rate attorneys and consultants for approval. Rate case expenses in this case are to be collected through a surcharge over a thirty-six (36) month period. Approval of resolution. Mayor Pro Tem Pate moved to APPROVE AN ORDINANCE BY THE CITY OF BEAUMONT, TEXAS ("CITY") APPROVING THE SETTLEMENT OF THE PROPOSED RATE INCREASE OF CENTERPOINT ENERGY RESOURCES CORP., D/B/A CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS TO INCREASE RATES IN THE BEAUMONT/EAST TEXAS DIVISION; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Councilmember Feldschau seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS FELDSCHAU AND SAMUEL NAYS: COUNCILMEMBERS NEILD, GETZ AND MOUTON MOTION PASSED Ordinance 20-011 3. Consider a request for a Specific Use Permit to allow an exception to the minimum yard requirements for property in an LI (Light Industrial) District located at 40 N. 4th Street. Randy. French has requested a Specific Use Permit for the property located at 40 N. 4th Street. Number 12 of the area and height exceptions listed in Section 28.03.024(c) of the Zoning Ordinance states, "Existing industrial uses in industrial zoning districts may, in addition to or instead of any other remedies in this chapter, apply for a specific use permit in order to be exempt from the minimum yard requirements for the expansion, enlargement or separate addition of buildings or structures on adjacent land in the same zoning district acquired by purchase or lease after the adoption of this chapter." Minutes — March 23. 2020 Coastal.Welding Supply, Inc. would like to construct a storage awning along Angelina Street that would not meet the. minimum required setback for property in an HI (Heavy Industrial) District. If there were no exception, a twenty-five (25) foot setback would be required. At its _nearest point, the new storage awning would be at least five (5) feet from the Angelina Street right-of-way. At a Joint Public Hearing held on March 16, 2020, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow an exception to the minimum yard requirements for property in an LI (Light Industrial) District. Approval of the ordinance. Councilmember Mouton moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN EXCEPTION TO THE MINIMUM YARD REQUIREMENTS FOR PROPERTY IN AN LI (LIGHT INDUSTRIAL) DISTRICT AT 40 N. 4T" STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Neild seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM, PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE . MOTION PASSED Ordinance 20-012 4. Consider a request for a Specific Use Permit to allow a liquor store in a GC -MD -2 General Commercial - Multiple Family Dwelling - 2) District at 2916 E. Lucas Drive. Annette Byerly has requested a Specific Use Permit to allow a liquor store at 2916 E. Lucas Drive. In 2004, the property owner submitted an application to rezone the north part of this property to GC -MD -2 (General Commercial - Multiple Family Dwelling -2) with a Specific Use Permit to allow a strip mall with retail stores and restaurants. For this reason, a Specific Use Permit is required for any use other than a simple retail store . or restaurant. Consequently, all landscaping, parking and utilities are in compliance and will'not require any alteration. At a Joint Public Hearing held on March 16, 2020, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow a liquor store in a GC -MD -2 (General Commercial - Multiple Family Dwelling — 2) District. Approval of the ordinance. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC. USE PERMIT TOA LIQUOR STORE IN A GC -MD -2 (GENERAL COMMERCIAL MULTIPLE FAMILY DWELLING -2) DISTRICT AT 2916 E. LUCAS DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE Minutes — March 23, 2020 MOTION PASSED Ordinance 20-013 5. Consider an ordinance accepting the increased telecommunications right-of-way access line rates for 2020. On March 9, 2020, the City received a letter from the PUC notifying the City that their 2020 maximum telecommunications right-of-way access line rates have increased by -0.7267% due to inflation, as measured by the CPI. This adjustment has been made pursuant to Chapter 283 of the Local Government Code (House Bill 1777). Residential access line rates will increase from $0.62 to $0.63, non-residential rates will increase from $1.40 to $1.42 and point-to-point rates will increase from $2.07 to $2.09. Article XV of the City Charter requires council approval to determine, fix and regulate charges, fares, or rates of utilities using City rights-of-way. Approval of the ordinance. Mayor Pro Tem Pate moved to ADOPT AN ORDINANCE APPROVING THE 2020 MAXIMUM TELECOMMUNICATIONS RIGHT-OF-WAY ACCESS LINE RATES. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 20-014 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. COMMENTS Public Comments (Persons are limited to three minutes) Alto Watson 2615 Gladys Beaumont TX Spoke to Council regarding. the Forest Hollow Mobile Home Park who's water was disconnected, stated that the person that owes the city money is a horrible person, they have taken the money from the residents who paid it to them, held it in trust and was supposed to pay the city, stated that the City of Beaumont are crime victims, the owner of the trailer park has stolen from the city, asked why the city hadn't called the District Attorney's office and made a complaint about this issue, shared additional concerns he had in regards to the city's action to disconnect when we are in the middle of a pandemic Minutes — March 23, 2020 Mary Kay Andress 6650 Broadoak St. #101 Beaumont TX Spoke to Council regarding the Forest Hollow Mobile Home Park where she's a resident, stated that she's the mother of a cancer patient, asked the question of Council as to why the water was disconnected and why did a judge have to sign an order to get the water turned on when she begged.for it to be turned on prior to the judge's order. Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD CONGRATULATED THE CITY MANAGER AND CFO ON A SUCCESSFUL AUDIT, COMMENTED ON THE DD6 DITCH THAT WAS CLEANED UP. ON WASHINGTON BLVD, MAKES A BIG DIFFERENCE, ASKED THAT THE TRAILER PARK ISSUE BE PUT ON THE NEXT EXECUTIVE SESSION. SO COUNCIL CAN DISCUSS TAKING ACTION, WANTS TO MAKE SURE THAT THE CITY IS HOLDING THE CONTRACTOR THAT IS DOING THE FIBER OPTIC WORK FOR BISD RESPONSIBLE FOR ANY DAMAGES THEY MAY CAUSE IN THE PROCESS OF DOING THE WORK COUNCILMEMBER GETZ - COMMENTED ON THE TRAILER PARK ISSUE, STATED THAT HE RECEIVED MESSAGES THAT THE WATER WAS TURNED OFF, STATED HE WAS VERY CONCERNED ABOUT IT BECAUSE WE HAVE A GLOBAL PANDEMIC AND THE CITY IS CUTTING PEOPLES WATER OFF, READ AN EMAIL THAT HE SENT TO THE CITY MANAGER AND THE MAYOR WITH NO RESPONSE, ALSO READ . AN EMAIL THAT WAS SENT TO ONE OF THE TENANTS THAT LIVES IN THE TRAILER PARK BY THE MAYOR, STATED THAT IT WAS TOTALLY UNACCEPTABLE TO TURN THE WATER OFF WHEN WE ARE GOING THROUGH WHAT WE ARE GOING THROUGH, COUNCILMEMBER FELDSCHAU -- STATED THAT HE WOULD SUPPORT COUNCILMEMBER NEILD'S. REQUEST FOR AN EXECUTIVE SESSION TO DISCUSS THE TRAILER PARK SO THAT COUNCIL CAN MOVE FORWARD AND TAKE LEGAL ACTION, ENCOURAGED ALL CITIZENS TO PLEASE DO THE BEST THAT THEY CAN TO FOLLOW THE EXECUTIVE ORDERS OF NO MORE THAN 10 PEOPLE IN ONE PLACE, WE ARE LIVING IN VERY CRITICAL TIMES, ASKED THAT EVERYONE WASH THEIR HANDS AND KEEP THE SOCIAL DISTANCE AS REQUESTED, ENCOURAGED EVERYONE TO KEEP THEIR EYE ON THE BALL AND ENCOURAGED COUNCIL TO DO THE SAME MAYOR PRO TEM PATE - ASKED THAT THE TRAILER PARK ISSUE BE PUT ON EXECUTIVE SESSION AS WELL, EVERYBODY ON COUNCIL WANTS TO TAKE CARE OF ALL OF THE CITIZENS AND DO WHAT'S BEST FOR THEM ALL THE TIME, ALSO ECHOED COUNCILMEMBER FELDSCHAU'S COMMENTS REGARDING EVERYONE PRAYING, WE ARE ENTERING A TIME WHEN THE WEATHER IS GETTING WARMER AND VIRUS TENDS TO NOT SPREAD WHEN IT'S WARMER, ASKED THAT EVERYONE KEEP COUNCIL ON THE PRAYER LIST Minutes — March 23, 2020 COUNCILMEMBER SAMUEL - STATED THAT NOW IS THE TIME THAT WE MUST REMAIN UNITED, AGREES WITH COUNCILMEMBER NEILD, THINKS IT'S NECESSARY TO HAVE AN EXECUTIVE SESSION TO DISCUSS THE ISSUES THAT WENT ON REGARDING THE TRAILER PARK, STATED THAT RULES ARE SET SO THAT INDIVIDUALS CAN'T MAKE DECISIONS BASED ON THEIR OWN PERSONAL DECISIONS, NO ONE INDIVIDUAL ON THIS COUNCIL SHOULD HAVE THE POWER TO MAKE DECISIONS FOR THE PEOPLE, IT'S ALWAYS UNFORTUNATE WHEN SOMEONE IS WRONGED, HAVE TO BE CAREFUL AS TO HOW COUNCIL MOVES FORWARD WHEN DEALING WITH ISSUES, HOPES AND PRAYS THAT WE WILL CONTINUE TO FOCUS ON THE COLLECTIVE GOOD OF OUR COMMUNITY, STATE AND NATION, MUST BE COMPASSIONATE FOR ALL HUMAN BEINGS COUNCILMEMBER MOUTON - THANKED STAFF FOR HAVING A GREAT AUDIT, GAVE CONDOLENCES TO THE FAMILY OF REV. LACHARLES MITCHELL, STATED THAT SHE HAS HAD SEVERAL MINISTERS CONTACT HER REGARDING GOV. ABBOTS. ORDER RELATING TO PLACES OF WORSHIP AND THE RESTRICTION OF 10 OR LESS PEOPLE IN A GROUP, THE MINISTERS ARE IN NEED OF CLARIFICATION. ASK THAT EVERYONE BE SAFE AND TO PRAY FOR OUR CITY AND NATION CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - STATED THAT THE CITY GOVERNMENT FACEBOOK PAGE HAS BEEN KEPT UP TO DATE, AS WELL AS THE CITY'S WEB SITE, ENCOURAGED CITIZENS TO CHECK BOTH PLACES SO THAT THEY CAN KEEP UP WITH WHAT'S GOING ON, MADE ADDITIONAL COMMENTS REGARDING FAIRNESS THAT COUNCILMEMBER SAMUEL TALKED ABOUT, TO READ EMAILS AND NOT TO READ THEM ALL IS UNFAIR, STATED THAT SHE, THE CITY MANAGER AND CITY ATTORNEY DISCUSSED THE ISSUE REGARDING THE TRAILER PARK AND MADE A DECISION THAT THEY WOULD FILE SUIT AGAINST THE OWNER, MADE ADDITIONAL COMMENTS REGARDING THE TENANTS THAT LIVE AT THE TRAILER PARK AS WELL AS THE OWNER OF THE PROPERTY Open session of the meeting recessed at 2:15 p.m. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: James Mathews vs. City of Beaumont, Texas; Cause No. A-192,887 Minutes — March 23, 2020 There being no a Tina Broussard, taken in Executive Session, Council adjourned. Clerk ;Minutes — March 23, 2020