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HomeMy WebLinkAbout03/01/2022 MIN.a. 11 d K Y Y� t F� T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner Jr., At -Large ROBIN MOUTON, MAYOR Randy Feldschau, At -Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Mayor Pro Tern MARCH 1, 2022 Chris Durio, Ward IV Tina Broussard, City Clerk Kyle Hayes, 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 March 1, 2022, 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 * Proclamations, Presentation and Recognition Public Comment: Persons may speak on the Consent Agenda and Agenda item No. 4 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Christopher Moody, of First Baptist Church gave the invocation. Mayor Mouton led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Mouton, Mayor Pro Tern Samuel, Councilmembers Durio, Getz, Turner, Feldschau and Neild. Absent: Kyle Hayes. Also, present Chris Boone, Planning and Zoning Director; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments. Proclamations, Presentation, Recognitions "American Red Cross Month"— March 2022 — Proclamation read by Mayor Mouton; accepted by Chester Jourdan, Executive Director, American Red Cross of Southeast and Deep East Texas Public Comment: Persons may speak on the Consent Agenda and Agenda Item 4 None 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. Approval of the February 22, 2022, City Council Meeting Minutes Minutes — March 1, 2022 B. Approve the purchase of playground equipment for Sprott Park from Kraftsman Commercial Playgrounds & Water Parks of Spring, Texas — Resolution 22-066 C. Authorize the City Manager to execute Change Order No. 3 to the contract with Brystar Contracting, Inc., for the Lift Station & WWTP Repairs Tropical Storm Harvey Group 4 Lift Stations Project - Resolution 22-067 D. Authorize the City Manager to execute Change Order No. 9 to the contract with McInnis Construction Inc. for Tyrrell Park Visitor Center parking lot improvements - Resolution 22-068 E. , Authorize the City Manager to accept maintenance and authorize final payment to Structure Guard, LLC of Austin for the Lafin Drive at LNVA Canal Emergency Bridge Repairs Project - Resolution 22-069 F. Authorize the settlement of the claim of Beaumont Greenery - Resolution 22-070 G. Authorize the City Manager to renew the loan agreement with the National Museum of the United States Air Force - Resolution 22-071 Councilmember Getz moved to approve the Consent Agenda. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED AGENDA 1. Consider a request to rezone a property from NC (Neighborhood Commercial) and RM-H (Residential Multiple -Family Dwelling — Highest Density) to GC-MD-2 (General Commercial — Multiple -Family Dwelling — 2) and a Specific Use Permit to allow a mini storage located at 6030 and 6040 Concord Road. Concord Mini Storage, L.L.C., would like to rezone the property located at 603O/6040 Concord Road and is requesting a Specific Use Permit to allow a mini storage at this location. The property is currently split zoned NC (Neighborhood Commercial) and RM-H (Residential Multiple -Family Dwelling — Highest Density). The applicant states plans are to build 190 self - serve personal storage units. The property will be gated with a keypad entry. An office will be located onsite. The property will be accessible twenty-four (24) hours per day, seven (7) days per week. The property is located along Concord Road, a secondary arterial street and just east of the Dowlen Road intersection. The property to the northwest is zoned GC-MD-2 (General Commercial -Multiple -Family Dwelling-2) and properties to the south are also commercial. Although properties to the north and east are residential, GC-MD-2 matches the adjacent zoning and would provide a buffer as any change of use would require a new Specific Use Permit. Minutes — March 1. 2022 For properties that are zoned GC-MD-2 and located adjacent to residential zoned properties, the side minimum setback requirement is twenty (20) feet, and the rear minimum setback requirement is fifteen (15) feet. The site plan shows buildings along the east property line are shown fifteen (15) feet from the property line and the building across the rear of the property is located ten (10) feet from the rear property line. A landscaped buffer, ten (10) feet wide, with trees, and an eight (8) foot tall wood or masonry screening fence is required along these same residential boundaries and will be located in the required setback. The landscaping buffer shown along the east property line meets requirements, but a buffer with trees will need to be extended across the rear of the property. One class A tree (large as in an oak) or two (2) Class B trees (small as in a crepe myrtle) must be placed every twenty-five linear feet in this buffer. Perimeter.landscaping is required when parking areas are located adjacent to a street. Where power lines are present, a row of shrubs is required for the length of the parking area. Beaumont Fire has expressed some concern regarding access to the rear of the buildings but would like to review the layout further when construction plans are submitted. At a Joint Public Hearing held on February 21, 2022, the Planning Commission recommended 5:0 to approve the request to rezone a property from NC (Neighborhood Commercial) and RM-H _(Residential Multiple -Family Dwelling — Highest Density) to GC-MD-2 (General Commercial -Multiple -Family Dwelling-2) and a Specific Use Permit to allow a mini storage with the following conditions: 1. Adjust the location of buildings to meet minimum setback requirements. 2. Install landscaping to meet City Ordinance requirements. 3. Maintain or replace (as needed) the sidewalk along Concord Road. 4. Plans must be in compliance with Beaumont Fire codes. Approval of the ordinance with the following conditions: 1. Adjust the location of buildings to meet minimum setback requirements. 2. Install landscaping to meet City Ordinance requirements. 3. Maintain or replace (as needed) the sidewalk along Concord Road. 4. Plans must be in compliance with Beaumont Fire codes. Mayor Pro Tern Samuel 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 NC (NEIGHBORHOOD COMMERCIAL) DISTRICT AND RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT TO GC- MD-2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 6030 AND 6040 CONCORD ROAD, WITH THE CONDITIONS, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE Minutes — March 1, 2022 2 MOTION PASSED Ordinance 22-014 Mayor Pro Tern Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MINI STORAGE FACILITY IN A GC-MD-2 (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 6030 AND 6040 CONCORD ROAD, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 22-015 Consider a request for a Specific Use Permit to allow a healthcare training facility in the RCR- H (Residential Conservation Revitalization - Historic) District located at 2005 Broadway Street. Tanna LaFleur is requesting a Specific Use Permit to allow a healthcare training facility at 2005 Broadway Street. Students will be trained as nurse aids to provide care for the elderly. Hours of operation will be Monday — Friday, 9:00 a.m. to 9:30 p.m. Hands-on training will be conducted at a local nursing home. The parking lot for this property is paved across an existing alleyway. No parking should occur in the alleyway moreover, if and when the City's Public Works Department needs access to the alleyway, the approach will need to be moved to private property along 4th Street where City Engineering sees fit. At a Joint Public Hearing held on February 21, 2022, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow a healthcare training facility in the RCR-H (Residential Conservation Revitalization -Historic) District with the following condition: If and when Public Works needs access to the alleyway, the approach will need to be moved to enter on private property along 4th Street with location to be approved by City Engineering. Approval of the ordinance with the following condition: If and when Public Works needs access to the alleyway, the approach will need to be moved to enter on private property along 4th Street with location to be approved by City Engineering. Councilmember Neild moved tO ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A HEALTHCARE TRAINING FACILITY IN AN RCR-H (RESIDENTIAL CONSERVATION REVITALIZATION -HISTORIC) DISTRICT FOR PROPERTY LOCATED AT 2005 BROADWAY STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Turner seconded the motion. Minutes — March 1, 2022 AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-016 3. Consider a request for a Specific Use Permit to allow an adult daycare in the RM-H(Residential Multiple -Family Dwelling -Highest Density) District located at 1945 Sarah Street. Jalaina Martin -is requesting a Specific Use Permit to allow an adult daycare at 1945 Sarah Street. This property received permission and operated as an adult daycare from 1986 until around 2016, according to the Polk directory. From about 2017 to 2021, Suga Mama's Sweets occupied this location. Ms. Martin would like to reestablish this property as an adult daycare. Hours of operation will be 7 a.m.-6 p.m. Monday through Friday. Breakfast, lunch and snacks will be provided. The property has changed uses over time and will need to be brought up to code with current City parking and ADA (Americans with Disabilities Act) requirements. If parking is expanded to meet City requirements, landscaping will need to be updated to meet current City requirements as well. As this property is adjacent to residential properties on all. sides, an eight (8) foot tall, wood or masonry fence will be required along the east, south and west property lines. In addition, as this property has not been an adult daycare in several years, the Fire Department will need to inspect the property and all deficiencies must be corrected. Likewise, as food will be served, the property must meet all requirements of the City Water and Health Departments. At a Joint Public Hearing held on February 21, 2022, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow an adult daycare in the RM-H (Residential Multiple -Family Dwelling -Highest Density) District with the following conditions: 1. Parking must be brought up to City and ADA standards. 2. Landscaping ,must meet City requirements if the parking lot is expanded and screening is required along the east, south and west property lines. 3. This property must meet all requirements by Water Utilities for water and sanitary sewer improvements, including any requirements of the City's backflow, pre-treatment, and/or F.O.G. program. 4. Property must be brought into compliance with City Fire Department. Approval of the ordinance with the following conditions: 1. Parking must be brought up to City and ADA standards. 2. Landscaping must meet City requirements if the parking lot is expanded and screening is required along the east, south and west property lines. 3. This property must meet all requirements by Water Utilities for water and sanitary sewer improvements, including any requirements of the City's backflow, pre-treatment, and/or F.O.G. program. Minutes — March 1, 2022 4. Property must be brought into compliance with City Fire Department. Councilmember Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN ADULT DAYCARE FACILITY IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 1945 SARAH STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-017 4. Consider approving a three-year contract with WorkQuest for grounds maintenance and litter removal in the Central Business District and other specified areas throughout the City. WorkQuest (formerly Texas Industries for the Blind and Handicapped {TIBH}) utilizes private not -for -profit Community Rehabilitation Programs (CRP) under the Texas State Use Program, Works Wonders, which exempts political subdivisions from competitive bidding requirements. For this agreement, Beaumont Products and Services (BPS) located in Beaumont, will be providing the services to the city on behalf of WorkQuest. BPS has been providing grounds maintenance and litter removal services to the city for the past twenty-five (25) years. Grounds maintenance services include mowing, edging, sweeping and litter removal for the Central Business District and other specified areas throughout the city. Under the current agreement for the Central Business District, the cost to the city is a total annual estimated cost of $169,754.40 for FY 21. The new proposed annual cost of $175,651.68 provides for an approximate 4% increase. Services for heavy cleanups will have no increase, maintaining the $29.50 per hour rate with a 4-hour minimum. There is no increase in price allowed for the term of the contract. Pricing covers all material, labor, and equipment for BPS to provide this service to the city. Funds will come from the General Fund. Approval of resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A THREE (3) YEAR AGREEMENT WITH WORKQUEST FOR THE PURPOSE OF GROUNDS MAINTENANCE AND LITTER REMOVAL SERVICES IN THE CENTRAL BUSINESS DISTRICT AND OTHER SPECIFIED AREAS THROUGHOUT THE CITY IN THE ESTIMATED ANNUAL AMOUNT OF $175,651.68, AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT WITH WORKQUEST. Councilmember Getz seconded the motion. Minutes — March 1, 2022 AYES: NAYS: ABSTAIN: MOTION PASSED Resolution 22-072 COMMENTS MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER AND NEILD NONE COUNCILMEMBER FELDSCHAU Public Comments (Persons are limited to three minutes) Addle Allen 9695 Gross St. Beaumont TX Commented on some issues that she's expressed to Council previously and hasn't seen any resolve, asked about a system that would alarm citizens of bad weather in the City or the County, was told that such a system was too expensive, in October her neighborhood in Amelia there was some roof damage as well as other kinds of damage, not sure if it got any press coverage, knows that Orange did because the tornado went through that city, stated she's still working with the insurance company to try and get her roof done, if that alarm system would have been in place and with them being a mile and a half from ExxonMobil that would have alerted them that something was coming, asked that the City considerthe system again, knows that It's in the Dallas/Fort Worth area, stated that back in the summer she asked for a water report, showed Council what she received but would like to also get a copy of the TCEQ report if citizens are privy to that information from the City of Beaumont, she still has sediments coming in her water, thanked Council for their service Airon Reynolds, Jr. 6945 Salida Ln. Beaumont TX Stated that he's coming before Council once again seeking a resolve for Stacy Lewis, one of the things that he's excited about today is that he's glad to see Chris Boone seated where he is, Stacy Lewis was forced into retirement and believes that Council can make the difference, asked that they get this resolved Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - REMINDED EVERYONE TO GET OUT AND EXERCISE THEIR RIGHT TO VOTE, POLLS ARE OPEN UNTIL 7:00 P.M. MAYOR PRO TEM SAMUEL - ECHOED COUNCILMEMBER NEILD, ASKED THAT EVERYONE GET OUT AND VOTE COUNCILMEMBER FELDSCHAU - IN LIGHT OF THE UKRAINE SITUATION AND THE ASSAULT ON DEMOCRACY, PLEASE TAKE THE FREEDOM THAT WE HAVE SERIOUSLY AND GO OUT AND VOTE, PLEASE BE IN PRAYER FOR Minutes — March 1, 2022 THE UKRAINIANS AND EVERYTHING THAT THEY ARE GOING THROUGH COUNCILMEMBER TURNER - ASKED IF HE COULD GET A SECOND FROM ANOTHER COUNCILMEMBER TO DO A WORKSHOP ON THE DIFFERENT BOARDS AND APPOINTMENTS THAT COUNCILMEMBERS ARE RESPONSIBLE FOR, STATED THAT SOME OF THE BOARD MEMBERS THAT HE'S APPOINTED TO CERTAIN BOARDS HAVEN'T HAD A MEETING, WOULD LIKE TO SEE IF THERE COULD BE DISCUSSIONS AS TO WHERE THE CITY IS WITH BOARDS AND APPOINTMENTS AND WANTS ACCURATE INFORMATION TO GIVE HIS APPOINTEES, ALSO WANTED TO KNOW IF THE CITY CAN ISSUE A CITATION TO THE RAILROADS FOR NOT MAINTAINING THEIR EASEMENTS AND RIGHTS -OF -WAY, WOULD ALSO LIKE AN UPDATE ON THE CURRENT TRANSIT CONTRACT COUNCILMEMBER GETZ - STATED TO COUNCILMEMBER TURNER THAT HE WOULD SECOND HAVING A WORKSHOP REGARDING BOARDS AND APPOINTMENTS, HE SHARES HIS CONCERNS AS WELL, STATED THAT SOME OF THE BOARDS AREN'T MEETING, SOME BOARDS ARE MEETING AND THE MEETINGS ARE BEING RUN BY STAFF BECAUSE THE CHAIRMAN'S AREN'T SHOWING UP, THEY NEED TO GET A HANDLE ON THAT, STATED THAT THERE'S A BATTLE GOING ON IN UKRAINE, IT'S THE SAME KIND OF THING THAT WE SAW IN EUROPE THAT LED TO WORLD WAR II, CIVILIANS ARE BEING KILLED, NEIGHBORHOODS ARE BEING BOMBED, GOVERNMENT BUILDINGS ARE BEING DESTROYED, COMMUNICATION CENTERS ARE BEING TARGETED, IT IS UNBELIEVABLY BAD, ASKED THAT EVERYONE ENCOURAGE OUR FEDERAL GOVERNMENT TO PROVIDE AS MUCH AIDE AND SUPPORT AS WE CAN TO THE UKRAINIANS AND PRAY FOR THEIR SAFETY COUNCILMEMBER DURIO - THANKED EVERYONE FOR PHONE CALLS, TEXT MESSAGES, CARDS AND ATTENDING HIS MOTHER'S FUNERAL, THANKED THE MAYOR FOR HER LETTER, CONGRATULATED INTERIM CITY MANAGER, CHRIS BOONE WHO IS SITTING NEXT TO HIM, LOOKING FORWARD TO WORKING WITH HIM CITY ATTORNEY REED - NONE INTERIM CITY MANAGER BOONE - NONE MAYOR MOUTON - STATED THAT MARDI GRAS IS OVER AS OF SUNDAY, IT WAS A GREAT TURNOUT, DESPITE THE RAIN AND COLD, AS YOU CAN SEE ALL OF THE STREETS ARE CLEAN, THANKED STAFF FOR THE GREAT JOB THEY DO, ALSO THERE WERE NO ACCIDENTS, ENCOURAGED EVERYONE TO GET OUT AND VOTE, POLLS ARE OPEN UNTIL 7:00 P.M., TASTE OF THE TRIANGLE WILL BE ON TONIGHT AT THE BEAUMONT CIVIC CENTER, IT OPENS AT 5:30 P.M., ALSO ON SATURDAY, MARCH 5, 2022, "SOUL PURPOSE Minutes — March 1, 2022 STAGE PLAY" WILL BE PLAYING AT THE JEFFERSON THEATRE, STARTING AT 7:30 P.M., TICKETS CAN BE PURCHASED AT JEFFERSON THEATRE, ASKED THAT EVERYONE PRAY FOR THE UKRAINIANS, THANKED KIMBERLY RUSELY AND CHANNEL 6 NEWS FOR THE INTERVIEW THAT WAS DONE WITH HER DURING BLACK HISTORY MONTH, ALSO ON LAST NIGHT THERE WAS A POD CAST THAT KIMBERLY DID WITH HERSELF, DAVID WILLARD AND TROY MARSAW, KIMBERLY ALSO SPOKE ABOUT THE FIRST AFRICAN AMERICAN MAYOR OF ORANGE, TEXAS, MRS. ESSIE BELLFIELD Open session of meeting recessed at 2:06 p.m. EXECUTIVE SESSION * Consider matters related to the deliberation of the purchase, exchange, lease, or value of real property in accordance with Section 551.072 of the Government Code, to wit: Specifically, land owned by the City of Beaumont south of West Cardinal Drive and east of IH-10, more specifically the approximate 2,049.36-acre tract of C. Hillebrandt, ABS 28, Tract 10, Jefferson County, Texas. n Mouton Tina Broussard, City Clerk Minutes — March 1, 2022