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HomeMy WebLinkAbout10/27/2020 MINBEAUMONT T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING W.L. Pate, Jr., At -Large BECKY AMES, MAYOR Randy Feldschau, Mayor Pro Tern Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III OCTOBER 27, 2020 - Robin Mouton, Ward IV Tyrone 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 October 27, 2020, 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 Presentation and Recognition Public Comment: Persons may speak on scheduled agenda items 4-6/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Edward Petty with Mount Rose Missionary Baptist Church gave the invocation. MayorAmes led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Feldschau, Councilmembers Neild, Getz, Pate, Samuel and Mouton. Absent: Kyle Hayes, City Manager and Tyrone Cooper, City Attorney. Also present were Sharae Reed, 1st Assistant City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "Ovarian Cancer Awareness Month, Breast Cancer Awareness Month and Gift of Life Program Day" - September, 2020 was Ovarian CancerAwareness Month, October, 2020, is Breast Cancer Awareness Month and October 27, 2020, is Gift of Life Program Day - Proclamation read by Mayor Ames; accepted by Executive Director of the Julie Rogers Gift of Life Program Norma Sampson and Founder and Chair, Regina Rogers Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on scheduled agenda items 4-6/Consent Agenda None Minutes — October 27, 2020 CONSENT AGENDA Approval of minutes - Approval of minutes — October 20, 2020 Confirmation of board and commission member appointments - None A. Authorize the City Manager to execute an Earnest Money Contract and other related documents for the sale of city -owned property located at 747 College Street — Resolution 20-235 B. Approve the purchase of an upgrade to the City's document management software, Laserfiche, from MCCi, LLC - Resolution 20-236 C. Approve the renewal of an annual maintenance agreement with Tyler Technologies for software used by Municipal Court - Resolution 20-237 D. Adopt a Financial Management Policy for the City of Beaumont Resolution 20-238 E. Approve the purchase of firefighter protective clothing - Resolution 20-239 Councilmember Getz moved to approve the Consent Agenda. Mayor Pro Tern Feldschau seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED GENERAL BUSINESS Consider a request for a Specific Use Permit to allow a multiple -family development and hotel in the CBD (Central Business District) located at 670-690 Orleans Street. Richard Gilbert is requesting permission for a multi -family development and hotel at 670-690 Orleans Street. This property is located in the Central Business District. Mr. Gilbert plans to remodel the existing building to accommodate four (4) loft apartments and a hotel with twelve (12) loft units. The existing commercial businesses on the first floor would remain. All utilities are present, but Mr. Gilbert states he plans to upgrade the incoming electrical capabilities. Parking will be provided, although the CBD district does not require off-street parking. A minimum number of parking spaces will not be enforced, however any parking that is provided will need to adhere to city standards in regards to dimensional requirements, ADA guidelines, traffic flow and access management. The site plan shows 15 parking spaces aligned with the west driveway, which is unacceptable. A revised parking layout will be needed for final plan approval. Minutes — October 27, 2020 At a Joint Public Hearing held on October 19, 2020, the Planning Commission recommended 5:0:1 to approve the request for a Specific Use Permit to allow a multiple -family development and hotel in CBD (Central Business District) 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 pre-treatment and/or F.O.G. program as well as all applicable Building and Fire Codes. 2. Submit a revised site plan that complies with minimum parking standards per ordinance. Approval of the ordinance 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 pre-treatment and/or F.O.G. program as well as all applicable Building and Fire Codes. 2. Submit a revised site plan that complies with minimum parking standards per ordinance. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MULTIPLE -FAMILY DEVELOPMENT AND HOTEL IN THE CBD (CENTRAL BUSINESS DISTRICT) FOR PROPERTY LOCATED AT 670-690 ORLEANS STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 20-060 2. Consider a request for a Specific Use Permit to allow a bar in a GC -MD (General Commercial — Multiple -Family Dwelling) District located at 6165 Muela Creek Drive. J.R. Mora of Classic Construction would like to open a bar at 6165 Muela Creek Drive. The bar will be named Pour09 and will consist of a downstairs indoor bar, an outdoor patio bar with various games and a rooftop bar. Food will be offered onsite and/or provided by food trucks. Hours of operation will be 11 a.m. till 2 a.m. seven (7) days per week. At a Joint Public Hearing held on October 19, 2020, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow a bar in a GC -MD (General Commercial — Multiple -Family Dwelling) District with the following condition: Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre-treatment and/or F.O.G, program. Minutes — October 27, 2020 Approval of the ordinance with the following condition: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre-treatment and/or F.O.G, program. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BAR IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 6165 MUELA CREEK DRIVE, WITH THE CONDITION, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 20-061 3. Consider a request for a Specific Use Permit to allow used car sales in a NC (Neighborhood Commercial) District located at the Southeast corner of Delaware Street and Briarcliff Drive. Munro Properties would like to use their property at the southeast corner of Delaware Street and Briarcliff Drive for used car sales. Persons wishing to sell vehicles will commission with Munro Properties to park their vehicle on the lot and will deal with prospective_ customers themselves. No structures will be built on the property. While the property in question is zoned NC -Neighborhood Commercial, is located on Delaware, a major arterial street, and is near multi -family developments, a nursery and is across from a shopping center, it is adjacent to multiple single-family homes. As such, recommending approval of this small commercial use might be justified, however the use would need to be mitigated in multiple ways in order to minimize impact to adjacent residential uses. First, the use is proposed to be gravel or rock. As a result, dust could impact adjacent single- family uses. As such, adequate landscaping and screening fence should be required, if approved. Second, lighting required to maintain security, especially as the lot would not have staff present, could have a negative impact on adjacent residential properties. As such, directional lighting should be directed away from adjacent residential properties. Also, used car sale lots adjacent to residential neighborhoods often have the negative impact of customers using local residential streets for test driving the vehicles. As such, a "No Left Turn" sign should be installed, directing traffic away from Briarcliff. In addition, Engineering has raised several issues concerning the design and layout of the parking lot. The northernmost space in the southeast parking clusterwill need to be removed in order to provide access to the eastern most spaces facing Delaware Street. Pavement markings will not be adequate due to the grass/gravel surface, therefore wheel -stops will need to be installed to designate the parking spaces and prevent parked vehicles from Minutes — October 27. 2020 overhanging the property line. Also, the two (2) southernmost parking spaces will need to be removed to accommodate the required ten (10) foot wide landscaped buffer with trees. All landscaping must meet and be maintained to ordinance requirements. At a Joint Public Hearing held on October 19, 2020, the Planning Commission considered the item subject to the following conditions: Place wheel stops to designate parking spaces and remove the northernmost space in the southeast parking cluster and the two (2) southernmost spaces and install a "No Left Turn" sign at the exit of the property. 2. Install eight (8) foot wood or masonry fence and ten (10) foot wide landscaped strip along south property line to meet landscaping ordinance requirements. 3. Install shielded directional security lighting only. and recommended 5:0 to deny the request for a Specific Use Permit to allow used car sales in a NC (Neighborhood Commercial) District. The Zoning Ordinance states, "The City Council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a Specific Use Permit where a protest against such change (has been filed), signed by the owners of twenty percent (20%) or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by the favorable vote of three -fourths (314) of all the members of the City Council." Protest against this request was received from more than 20% of the land immediately adjoining the subject property. Therefore, a vote of three -fourths (314) of the City Council shall be required to approve the requested Specific Use Permit. Denial of the request. Councilmember Neild moved to DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW USED CAR SALES IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF DELAWARE STREET AND BRIARCLIFF DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION DENIED 4. Consider a resolution authorizing the City Manager to sign a Memorandum of Understanding with the Lower Neches Valley Authority (LNVA) related to their application to the Texas General Land' Office for grant funding. Minutes — October 27, 2020 The LNVA will submit an application to the GLO for Community Development Block Grant (CDBG) Hurricane Harvey State Mitigation Competition funds. This application is for a proposed 1,100 acre reservoir, located in northwest Beaumont in close proximity to their two canals bringing water from the Neches River. This reservoir is intended to provide prolonged reliability of the surface water during a natural disaster. The City of Beaumont is also applying for funding under this grant program for a west end Water Treatment Plant. This proposed plant will use water from the LNVA for treatment. The proposed LNVA reservoir will improve reliability for the new water treatment plant by holding fresh water than can be used for treatment. Under this MOU both parties agree to provide timely progress updates as the projects develop or change. Approval of the resolution. Councilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BEAUMONT AND THE LOWER NECHES VALLEY AUTHORITY (LNVA) RELATING TO TEXAS GENERAL LAND OFFICE GRANT FUNDING FORA PROPOSED 1,100 ACRE RESERVOIRAND A PROPOSED WATER TREATMENT PLANT. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 20-240 5. Consider a resolution authorizing the purchase of four grapple trucks for use in the Solid Waste Division. The grapple trucks will be purchased from Grande Truck Center, Inc., of San Antonio, in the amount of $911,966.48. The new units will replace models that have surpassed their useful life expectancy. The trucks are used for the collection of heavy trash. The existing units will be disposed of in accordance with the City surplus property policies. Pricing was obtained through the Houston -Galveston Area Council (HGAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. HGAC complies with State of Texas' procurement statutes. Manufacturer's warranty is twelve (12) months. Funds will come from the Solid Waste Fund. Approval of the resolution. Minutes — October 27, 2020 Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL. HEREBY APPROVES THE PURCHASE OF FOUR (4) GRAPPLE TRUCKS FOR USE BY THE SOLID WASTE DIVISION FROM GRANDE TRUCK CENTER, INC., OF SAN ANTONIO, TEXAS, IN THE AMOUNT OF $911,966.48 THROUGH THE HOUSTON-GALVESTON AREA COUNCIL (HGAC) COOPERATIVE PURCHASING PROGRAM. Mayor Pro Tern Feldschau seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 20-241 6. Consider a resolution authorizing the purchase of two dump trucks for use in various operations. One Western Star 4700SB dump truck in the amount of $131,156.24 will be purchased for use in the Streets & Drainage Division. This will replace unit 3268, 1997 Volvo WG64 Dump truck, which has exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy. One Western Star 4700SB dump truck in the amount of $131,156.24 will be purchased for use in the Water Reclamation Division. This will replace unit 3316, 2004 International 7600 Dump truck, which has exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy. The total ($263,312.48 includes an administrative fee of $1,000) pricing was obtained from Grande Truck Center, Inc., of San" Antonio, Texas, through the Houston -Galveston Area Council (HGAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. HGAC complies with State of Texas' procurement statutes. Manufacturer's warranty is twelve (12) months. Funds will come from the Capital Reserve Fund and Water Utilities Fund. Approval of the resolution. Mayor Pro Tern Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF TWO (2) DUMP TRUCKS FOR USE BY VARIOUS CITY DEPARTMENTS FROM GRANDE TRUCK CENTER, INC., OF SAN ANTONIO, TEXAS, IN THE AMOUNT OF $263,312.48 THROUGH THE HOUSTON-GALVESTON AREA COUNCIL (HGAC) COOPERATIVE PURCHASING PROGRAM. Councilmember Neild seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE Minutes — October 27, 2020 MOTION PASSED Resolution 20-242 COMMENTS Public Comments (Persons are limited to three minutes) None Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER MOUTON - REMINDED EVERYONE OF DAYLIGHT SAVINGS TIME THAT WILL END ON SATURDAY, OCTOBER 31, 2020, ASKED THAT EVERYONE PLEASE SET CLOCKS BACK ONE HOUR, THE GIFT OF LIFE WILL HAVE A FACEBOOK LIVE EVENT ON SATURDAY, OCTOBER 31, 2020, FROM 1:00 P.M. TO 3:00 P.M., PLEASE SUPPORT THEM COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER PATE - GAVE CONDOLENCES TO THE BROUSSARD FAMILY ON THE LOSS OF MARIE BROUSSARD, STATED THAT THE BABE DIDRIKSON ZAHARIAS MUSEUM AND VISITORS CENTER WILL REOPEN MONDAY, NOVEMBER 2, 2020, WITH REGULAR HOURS OF OPERATION, ENCOURAGED EVERYONE TO VOTE, EARLY VOTING ENDS ON FRIDAY, OCTOBER 30, 2020, ELECTION DAY IS TUESDAY, NOVEMBER 3, 2020 MAYOR PRO TEM FELDSCHAU - ENCOURAGED EVERYONE TO GET OUT AND VOTE, ANNOUNCED THAT THERE WILL BE A FOR KING AND COUNTRY CONCERT FORD PARK ON FRIDAY, OCTOBER 30, 2020, STARTING AT 7:00 P.M., TICKETS CAN BE PURCHASED ONLINE AT FORDPARK.COM, THERE WILL ALSO BE AN INTERACTIVE WALL TO HONOR HEALTH CARE WORKERS AND FIRST RESPONDERS, EVERYONE WILL BE ENCOURAGED TO SIGN THE WALL TO SHOW THEIR SUPPORT COUNCILMEMBER NEILD - NONE COUNCILMEMBER GETZ - GAVE CONDOLENCES TO THE BROUSSARD FAMILY ON THE LOSS OF MARIE BROUSSARD, COMPLIMENTED THE SYMPHONY OF SOUTHEAST TEXAS FOR THEIR LIVE PERFORMANCE AT THE BEAUMONT CIVIC CENTER OVER THE WEEKEND 1ST ASST. CITY ATTORNEY REED - NONE CITY ATTORNEY COOPER - ABSENT CITY MANAGER HAYES - ABSENT Minutes — October 27, 2020 MAYOR AMES - COMMENTED ON COVID-19, STATED THAT THE NUMBERS ARE DECLINING BUT NOT LIKE THEY WOULD LIKE THEM TO, THE NUMBERS ARE STILL GOOD, READ A POEM BY MS. GLENDA MCCRAY'S SECOND GRADE CLASS FROM AMELIA ELEMENTARY SCHOOL ON COVID-19, CONGRATULATED TYRONE COOPER, CITY ATTORNEY WHO WAS ELECTED AS THE INTERNATIONAL MUNICIPAL LAWYERS ASSOCIATION PRESIDENT, HE WILL SERVE OCTOBER, 2020 THROUGH OCTOBER, 2021 Open session of meeting recessed at 2:12 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Akilia Bell being no action taken in Executive Session, Council adjourned. Broussard, City Clerk W, Minutes — October 27, 2020