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HomeMy WebLinkAbout04/26/2022 MINBEAVI%A4NT T E X A S MINUTES OF THE CITY OF BFEE ALUMONT COUNCIL MEETING Albert "A_J _" Turner Jr_, At -Large ROBIN MOUTON, MAYOR Randy Feld schau, At -Large Taylor Naild, Ward 1 CITY COUNCIL MEETING Michael Getz, Ward 11 Audwin Samuel, Mayor Pro Tam APRIL 26, 2022 Chris nurio, Ward IV Tina Broussard, City Clerk Chris Boone, Interim 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 April 26, 2022, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 'I :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. 6 Mayor Pro Tem Samuel called the council meeting to order at 'I :30 p.m_ Pastor Carlton Sharp with Faith Christian Center Church gave the invocation_ Councilmember Getz led the Pledge of Allegiance_ Roll call was made by Tina Broussard, City Clerk_ Present at the meeting were Mayor Pro -Fern Samuel, Councilmembers curio, Getz, Turner, Feldschau and Neild_ Absent: Mayor Mouton. Also, present were Chris Boone, Interim City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "Lamar University Retiring of Jerseys" — May 7, 2022 — Proclamation read by Mayor Pro Tem Samuel; accepted by Jim Gilligan and [David Bernsen (Kevin Millar was unable to attend) "Golden Triangle Cancer Awareness Relay for Life may" — April 29, 2022 — Proclamation read by Councilmember curio; accepted by Gay Lynn Jones with the American Cancer Society, Inc_ "St_ Michael's Mediterranean Festival may" — May 7, 2022 — Proclamation read by Councilrnember Getz; accepted by Nacole Tarabay, Chairperson of the Festival "National Preservation Month" — May 2022 — Proclamation read by Councilmember Turner; accepted by Tom Bell, Executive E)irector and Carol (--ray, C)irector of [Development with Beaumont Main Street Minutes — April 2e, 2022 "Lemonade Day" — May 1, 2022 — Proclamation read by Councilmember Feldschau; accepted by Krista Hunter, Executive Director with Greater Beaumont Chamber of Commerce "Older Americans Month" — May 2022 — Proclamation read by Councilmember Neild, accepted by Janci Kimbal, CEO with Nutrition and Services for Seniors "National Mental Health Awareness Month" — May 7, 2022 — Proclamation read by Mayor Pro Tern Samuel; accepted by Emily Ross, Director of Community and Culture and a Certified Clinical Trauma Provider with New Path Therapy and Wellness and Aaron Nichols, Spindletop MHMR Center Mayor Pro Tern Samuel read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments. Public Comment: Persons may speak on the Consent Agenda and Agenda Item No. 6 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 April 12, 2022, City Council Meeting Minutes B. Approve a resolution requesting a change in investment authority for the City of Beaumont - Resolution 22-110 C. Approve a resolution changing authorized representatives for Texas Range Investment Program - Resolution 22-111 D. Approve a resolution changing authorized representatives for Texas Local Government Investment Pool (TexPool), a public funds investment pool - Resolution 22-112 E. Approve a resolution changing authorized representatives for banking and granting authority to initiate and approve electronic funds (wires) or ACH transfers of any City funds on deposit at Wells Fargo and Allegiance Bank - Resolution 22-113 F. Authorize the settlement of the lawsuit styled Sierra Nicole Broussard, Individually and As Next Friend of C.L. and C.W. and Tiffany Williams as Next Friend of K.G. and K.G. vs. The City of Beaumont; Cause No. A-206,313 - Resolution 22-114 G. Approve contracts to supply asphaltic concrete for use by the Public Works Department - Resolution 22-115 Councilmember Neild moved to approve the Consent Agenda excluding Item H. Councilmember Getz seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD Minutes — April 26, 2022 NAYS: NONE MOTION PASSED H. Authorize the Interim City Manager to execute Change Order No. 3, to the contract with Placo, Ltd. for the Lift Station & WWTP Repairs Tropical Storm Harvey Group 2 Lift Stations Project - Resolution 22-116 Councilmember Neild moved to approve Item H on the Consent Agenda. Councilmember Turner seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, AND NEILD NAYS: NONE ABSTAIN: COUNCILMEMBER FELDSCHAU MOTION PASSED AGENDA Consider a request for a Specific Use Permit to allow a religious organization in the GC-MD-2 (General Commercial — Multiple -Family Dwelling-2) District located at 1610 S. Major Drive. The Sikh Center of Southeast Texas is requesting a revised Specific Use Permit to allow a religious organization at 1610 S Major Drive. The center will be open on Sundays from 10:00 a.m. to 3:00 p.m., on religious holidays and occasionally during the week. This property fronts on Major Drive but will share a driveway with the property to the north and rear of this Lot, as TXDOT has restricted the driveway access for both properties to one Major Drive access. A six (6) foot wide landscaped buffer with shrubs will be required along the width of the Major Drive frontage due to the parking lot adjacent to the right-of-way. One landscaped island will be required within the parking layout, containing one (1) class A or two (2) class B trees. Due to the residential property along the south property line, a ten (10) foot wide landscaped buffer containing trees will be required along that property line. One (1) class A or two (2) class B trees must be planted for every twenty-five (25) linear feet along that property line. In addition, an eight (8) foot tall, wood or masonry fence must be located for the length of the south property line. At a Joint Public Hearing held on April 18, 2022, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a religious organization in the GC- MD-2 (General Commercial — Multiple -Family Dwelling-2) District located at 1610 S. Major Drive with the following condition: Landscaping required to meet City Ordinance requirements. Approval of the ordinance with the following condition: Landscaping required to meet City Ordinance requirements. Minutes — April 26, 2022 Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A REGULAR PLACE OF WORSHIP IN A GC-MD-2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 1610 S. MAJOR DRIVE, WITH THE CONDITION, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-024 2. Consider a request for a Revised Specific Use Permit to allow a convenience store and gas station in the GC-MD-2 (General Commercial — Multiple -Family Dwelling-2) District located at 4050 Magnolia Avenue. Rahil Maredia is requesting a revised Specific Use Permit to allow a convenience store and gas station at 4050 Magnolia Avenue. In October of 2021, a Specific Use permit was approved for a 6,000 square foot building. It was expressed that a larger space would be welcomed, so the applicant has returned with a larger building. The proposed building would be approximately 9,000 square feet. A portion would be occupied by a convenience store with deli and would be open from 7:00 a.m. to 11:00 p.m. Sunday through Thursday and from 7:00 a.m. to midnight Friday & Saturday. The remaining structure would potentially be occupied by a washateria, a restaurant and retail space. As the store would front on Magnolia Avenue, the use would be compatible with surrounding uses. The rear of the building will be located in a GC-MD-2 (General Commercial — Multiple - Family Dwelling-2) zoning, therefore requiring a Specific Use Permit. The parking lot should show the edge of pavement along the eastern edge, delineating between concrete and grassy areas, and the south edge must be at least two (2) feet from the interior property lines of the adjoining property. A few of the parking spaces are in awkward locations and are not needed, such as the three (3) spaces between the front driveways, the two (2) spots in the southwest corner and the seven (7) spots in the northwest comer. Along the Magnolia Avenue frontage, a six (6) foot wide landscaped buffer with shrubs will be required. Along the portion of La Salle next to the parking and fuel pumps, a six (6) foot wide landscaped strip with trees and shrubs will be required. All landscaping will be required to meet City Ordinances including irrigation. At a Joint Public Hearing held on April 18, 2022, the Planning Commission recommended &0 to approve the request for a Revised Specific Use Permit to allow a convenience store and gas station in the GC-MD-2 (General Commercial — Multiple -Family Dwelling-2) District located at 4050 Magnolia Avenue with the following conditions: Minutes — April 26, 2022 1. Landscaping required to meet City Ordinance requirements. 2. Show edge of pavement at least two (2) feet from adjoining property line and remove unnecessary parking spaces. 3. Construction Plans 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. Approval of the ordinance with the following conditions: 1. Landscaping required to meet City Ordinance requirements. 2. Show edge of pavement at least two (2) feet from adjoining property line and remove unnecessary parking spaces. 3. Construction Plans 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. Councilmember Nelld moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW A CONVENIENCE STORE AND GAS STATION IN A GC-MD-2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING-2) DISTRICT LOCATED AT 4050 MAGNOLIA AVENUE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-025 3. Consider a request for a Specific Use Permit to allow a brewpub in the GC -MD (General Commercial — Multiple -Family Dwelling) District located at 6280 Phelan Boulevard. Gabrielle Blanco is requesting a Specific Use Permit to allow a brewpub at 6280 Phelan Blvd. Half of the suite would be used to produce beer and the other half would be a family friendly restaurant. Hours of operation will be Monday through Thursday from 11:00 a.m. to 10:00 p.m., Friday & Saturday from 11:00 a.m. to 12:00 a.m. and Sunday from noon to 9:00 p.m. Ms. Blanco has been operating a brewpub and restaurant in a nearby community and would like to bring her facility to Beaumont. At a Joint Public Hearing held on April 18, 2022, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a brewpub in the GC -MD (General Commercial — Multiple -Family Dwelling) District located at 6280 Phelan Boulevard with the following condition: Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. Minutes — April 26, 2022 Approval of the ordinance with the following condition: Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. COuncilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BREWPUB IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 6280 PHELAN BOULEVARD, WITH THE CONDITION, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Neild seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-026 4. Consider a request for a Specific Use Permit to allow a drinking place in the GC -MD (General Commercial — Multiple -Family Dwelling) District located at 10425 Eastex Freeway, Suite 100. Tammi Scott is requesting a Specific Use Permit to allow a drinking place at 10425 Eastex Freeway, Suite 100. Ms. Scott states that they plan to offer a family friendly environment; all of their classic flavors are available in a non-alcoholic option. This location will have a drive-thru window offering to - go daiquiris as well. Hours of operation will be Sunday from noon until 10:00 p.m., Monday - Wednesday from 2:00 p.m. until 10:00 p.m. and Thursday — Saturday from noon until midnight. This use is compatible with uses to the north and south of the property. There will, however, be a 12'x 60' outdoor patio area next to the building where they plan to host game nights, karaoke and live music. This could be problematic due to the residential properties directly across Old Voth Road. A sound barrier must be provided to protect these residences from loud music, etc. In addition, the drive-thru lane will be placed between the restaurant and the patio. This could potentially create a hazard for patrons accessing the patio by crossing the drive-thru lane. In addition, adequate protection for the patrons in the patio from errant vehicles should be provided. At a Joint Public Hearing held on April 18, 2022, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a drinking place in the GC -MD (General Commercial — Multiple -Family Dwelling) District located at 10425 Eastex Freeway, Suite 100 with the following conditions: 1. Provide an eight (8) foot sound barrier along the entire west side of the outdoor patio area. 2. The layout and design of the drive-thru and patio need to provide adequate protection to the pedestrians and patrons from errant vehicles such as columns, bollards, Minutes — April 26, 2022 pavement markings and directional signage. Final approval subject to approval by City Engineering. Approval of the ordinance with the following conditions: 1. Provide an eight (8) foot sound barrier along the entire west side of the outdoor patio area. 2. The layout and design of the drive-thru and patio need to provide adequate protection to the pedestrians and patrons from errant vehicles such as columns, bollards, pavement markings and directional signage. Final approval subject to approval by City Engineering. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 10425 EASTEX FREEWAY, SUITE 100, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Durio seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-027 5. Consider a request for a Specific Use Permit to allow a commercial strip center including a laundromat, retail and office space in a GC-MD-2 (General Commercial — Multiple -Family Dwelling — 2) District located at 2855 N. Major Drive. Aaron Ward, of Faust Engineering and Surveying, Inc., is requesting a Specific Use Permit to allow a commercial strip center including a laundromat, retail, and office space at 2855 N. Major Drive. This property was annexed in 2016 and zoned to GC-MD-2 (General Commercial - Multiple Family Dwelling - 2) in 2018. Existing development on this portion of the west side of Major Drive was existing when the annexation took place. Mr. Ward states that possible uses may include a laundromat, retail, and office space. The site will include up to twelve (12) lease spaces. All utilities are available along North Major Drive and the developer states that drainage will be provided by TXDOT (Texas Department of Transportation). A six -foot -wide landscaped strip and a sidewalk will be required along Major Drive. At a Joint Public Hearing held on April 18, 2022, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a commercial strip center including a laundromat, retail, and office space in a GC-MD-2 (General Commercial -Multiple -Family Dwelling-2) District located at 2855 N. Major Drive with the following conditions: Must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. Minutes — April 26, 2022 2. Install landscaping to meet City of Beaumont regulations. 3. Acquire TXDOT permission for the sidewalk along Major or construct the sidewalk on private property. Approval of the ordinance with the following conditions: 1. Must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. 2. Install landscaping to meet City of Beaumont regulations. 3. Acquire TXDOT permission for the sidewalk along Major or construct the sidewalk on private property. COuncilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A COMMERCIAL STRIP CENTER INCLUDING A LAUNDROMAT, RETAIL, AND OFFICE SPACE IN A GC-MD-2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 2855 N. MAJOR DRIVE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Neild seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-028 6. Consider authorizing the Interim City Manager to execute Change Order No. 1 to the contract with Vortex Companies for the repair of the 72" Threadneedle Outfall storm line located within the ExxonMobil Refinery. On January 11, 2022, by Resolution No. 22-016, City Council awarded a contract to Vortex Companies, of Houston, in the amount of $3,652,012.63 for the repair of the 72" Threadneedle Outfall storm line located within the ExxonMobil Refinery. Proposed Change Order No. 1, in the amount of $1,204,571.39, is required to adjust the amount of Chemical Grouting ($828,006.39) used to fill in and stabilize the soils around the top of the 72" storm line and to increase the length of the point repair ($376,565.00) to bring the 72" pipe to grade. No additional days will be added to the contract for the additional work. If approved, Change Order No. 1 will result in a new contract amount of $4,856,584.02. A ground penetrating radar survey of the storm line within the limits of the point repair was performed during design. A second survey of the remainder of the line was later conducted by the contractor which identified subsurface voids in the soils around the 72" storm line. These voids, if not filled and stabilized, could have damaged the rehabilitated pipe in the future. Minutes — April 26, 2022 Surveying of the grade and condition of the pipe was performed during the design phase of the contract however, some areas were still inaccessible until construction began. It was then found that a fifty-three (53) foot section of pipe is draining in the wrong direction, requiring the pipe to be excavated and set to proper grade. Failing to do so would decrease the drainage capacity of the 72" storm line. Funds will come from the Capital Program. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT CHANGE ORDER NO. 1, IN THE AMOUNT OF $1,204,571.39, IS NECESSARY TO ADJUST THE AMOUNT OF CHEMICAL GROUTING USED TO FILL IN AND STABILIZE THE SOILS AROUND THE TOP OF THE 72" STORM LINE AND TO INCREASE THE LENGTH OF THE POINT REPAIR TO BRING THE 72" PIPE TO GRADE, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $4,856,584.02 AND THAT THE INTERIM CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1, IN THE AMOUNT OF $1,204,571.39 FOR THE ADDITIONAL WORK, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $4,856,584.02 FOR THE REPAIR OF THE 72" THREADNEEDLE OUTFALL STORM LINE LOCATED WITHIN THE EXXONMOBIL REFINERY. Councilmember Durio seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER AND FELDSCHAU NAYS: NONE ABSTAIN: COUNCILMEMBER NEILD MOTION PASSED Resolution 22-117 PUBLIC HEARING Receive comments on the Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2022 Annual Action Plan Public Hearing Open: 2:55 p.m. None Public Hearing Close: 2 ;55 p.m. 7. Consider approving a resolution adopting the 2022 Annual Action Plan. As mandated by the U. S. Department of Housing and Urban Development (HUD), City Council has conducted public hearing and work sessions in previous years prior to adopting the City's Annual Action. Plan. Planning & Community Development staff, along with the Community Development Advisory Committee (CDAC), has hosted a Public Hearing to receive public comments on the process and activities related to the 2022 Annual Action Plan. Minutes —April 26, 2022 The proposed budget reflects estimated allocations of $1,405,240 in Community Development Block Grant (CDBG) funding, an estimated $2,000 in Program Income and $514,688 in HOME funding. Please note these amounts may change slightly before the final adoption as we receive the final amounts from HUD. Funds will come from the U. S. Department of Housing and Urban Development (HUD) Community Development Block Grant and HOME Investment Partnership Grant funds. Conduct the Public Hearing and approve the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY ADOPTS THE HUD CONSOLIDATED GRANT PROGRAM's 2022 ANNUAL ACTION PLAN, AS WELL AS THE BUDGET OF THE 2022 ACTION PLAN IN THE ESTIMATED AMOUNT OF $1,405,240.00 IN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG FUNDING, AN ESTIMATED $2,000.00 IN PROGRAM INCOME AND $514,688.00 IN HOME FUNDING. Councilmember Neild seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-218 COMMENTS Public Comments (Persons are limited to three minutes) Michael Finnell 3255 Cartwright Beaumont TX Stated that he has lived in Beaumont for 48 years, he worked at ExxonMobil for 16 years, he knows that what he's speaking about is out of the Councils jurisdiction but wanted them to know that something was about to happen in Beaumont, stated that there was a lockout of 600 people recently and people were lead to believe that it was because of seniority and safety reasons, that's not the truth, the lockout happened because he was attacked, accosted and abused and when he refused to change his story everyone was kicked out of the refinery, he made other comments regarding himself and ExxonMobil, he hopes to revamp a law that is 58 years old and that's the Civil Rights Act of 1964, stated that this law is preventing him and others from getting justice in this type of situation Brian Nepveaux 3415 Laurel Beaumont TX Stated that he had the pleasure of serving on the Community Development Advisory Committee, glad to see that all of the money that was allocated was allocated, looking forward to finishing out the remainder of the year with a new task and that is to take the unallocated funds from the last two years and maybe have a worksession to see what direction Council would like to see the CDAC Board go and the board would like to come up with some new ideas to pass by Council Minutes — April 26, 2022 Christopher Jones 1045 Doucette Ave. Beaumont TX Spoke to Council regarding a matter of discriminatory practices, a threat to public safety, and pedestrian access here in the City of Beaumont, specifically safe public access for pedestrian walkers, bike riders, and citizens with disabilities and assistive devices, the issue of having safe sidewalks and pedestrian crossings at all railroad crossings throughout the boundaries of the neighboring communities of the city, citizens that choose to walk, cycle or use wheeled and assistive devices have noticed that when attempting to cross railways, the sidewalks if provided are not complete in its connection to the other side of the track leaving them restricted to complete and safe public access, also Washington Boulevard was recently reconstructed and none of the railway crossings along Washington has safe pedestrian crossing installed, this issue is also restricting commuters from access to the services and resources located in and around offices, after closing and discontinuing the Main Street and Pearl Street access, many citizens have found it difficult to gain access into the downtown area especially during peak traffic hours or after torrential downpours, tropical storms and hurricanes, the city and TxDOT are asked to perform a study to make accessible a cross -way that can be elevated and accessible by vehicle and pedestrian commuters, there's more information that can be provided with personal testimony from citizens and commuters if needed * Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER DURIO - REMINDED CITIZENS OF THE 311 SYSTEMS, ANY TYPE OF PROBLEM THAT CITIZENS MAY HAVE THEY CAN CALL 311 WHO WILL GET THEM IN TOUCH WITH THE RIGHT DEPARTMENT, ALSO STATED THAT HE WAS RIDING HIS BIKE EARLIER AND NOTICED THAT SOME CITIZENS WHEN PUTTING OUT THEIR HEAVY TRASH, ESPECIALLY LIMBS AND BRANCHES ARE ACTUALLY PUTTING THOSE ITEMS IN THE DITCHES, ASKED THAT CITIZENS PUT THE DEBRIS BETWEEN THE DITCH AND THE STREET, WHEN THE ITEMS ARE PUT IN THE DITCH IT AFFECTS DRAINAGE COUNCILMEMBER GETZ - ANNOUNCED THE ORIGINAL 1925 MOVIE PHANTOM OF THE OPERA, WHICH IS A SILENT MOVIE, THAT WILL BE ACCOMPANIED BY THE FULL SCORE OF THE ROBERT MORTAN WONDER ORGAN, THE ORGAN MAKES EVERY SOUND KNOWN TO MAN, THE ORGAN WAS DAMAGED DURING ONE OF THE STORMS AND HAS SINCE BEEN RESTORED, ENCOURAGED EVERYONE TO GO TO THE CITY's WEBSITE AND PURCHASE A TICKET AND TO ATTEND, THE MOVIE WILL BE PLAYED AT THE JEFFERSON THEATRE, STATED THAT THE CITY HAS RECEIVED TWO MORE LETTERS FROM ORGANIZATIONS SUPPORTING THE BATTLESHIP TEXAS COMING TO BEAUMONT, ONE IS THE BEN J. ROGERS VISITORS CENTER AND THE BEAUMONT HERITAGE SOCIETY COUNCILMEMBER TURNER - ASKED THE INTERIM CITY MANAGER IF THERE WAS A WAY THAT THE CITY COULD DO A WORKSHOP TO INVITE DIFFERENT BUSINESSES TO ATTEND THE WORKSHOP TO EXPLAIN THE PROCESS OF BIDDING AND HOW TO GO ABOUT IT AND TO DO Minutes — April 26, 2022 THE SAME WITH THE CDBG FUNDS TO EDUCATE CITIZENS ON HOW TO APPLY FOR SOME OF THE MONEY THAT'S AVAILABLE, ALSO COMMENTED ON THE ISSUE OF THE WATER METERS IN THE YARDS, PARTICULARLY IN THE FRONT YARDS WHICH HAS BEEN A HUGE CONCERN, STATED THAT IF THE METER IS DAMAGED IT AUTOMATICALLY GOES ON THE HOMEOWNERS BILL, SOMETIMES THE METERS THAT GET DAMAGED DUE TO THE LAWN SERVICE OR LAWN MOWER DAMAGING THE METER, SOME CITIZENS CAN'T AFFORD TO PAY THE COST OF THE DAMAGED METER, WANTED TO KNOW IF THIS ISSUE COULD BE LOOKED INTO ESPECIALLY FOR SENIORS COUNCILMEMBER FELDSCHAU - STATED THAT AT TODAY'S MEETING THERE WERE SEVEN PROCLAMATIONS, THERE ARE A LOT OF GREAT ORGANIZATIONS THAT ARE SERVING THE CITIZENS AND DOING GOOD THINGS TO MAKE BEAUMONT BETTER, THAT'S EVERY REASON TO BE PROUD OF OUR CITY AND TO DROWN OUT THE NEGATIVITY, PROUD TO BE A PART OF THE CITY OF BEAUMONT MAYOR PRO TEM SAMUEL - NONE COUNCILMEMBER NEILD - NONE CITY ATTORNEY REED - NONE INTERIM CITY MANAGER BOONE - NONE MAYOR MOUTON - ABSENT Open session of meeting recessed at 3:26 p.m. EXECUTIVE SESSION * Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.071 of the Government Code, to wit: Claim of Daniel Michael, Jr. * To discuss and/or deliberate economic development negotiations in accordance with Section 551.087 of the Government Code to wit; specifically: Project Deep Blue Project Mercury in SaiMu h1ayor Pro Tern � a Broussard, City C c NUMOAI : Minutes — April 26, 2022 ABSTENTION AFFIDAVIT THE STATE OF TEXAS § COUNTY OF JEFFERSON § I, WLO or MQJIA , as a member of the beau (M Council, Commission, or Board) ake this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, havQ a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the 1 UtMDr-)+ (Gety Co�cH, Commission, or Board) as those terms are defined in V.T.C.A., Local Government Code, § 171.002. I The business entity is: Cc)man' ifs an }h e. a - (Name) (Add ss) (" I," or name of relative and relationship) have/has a substantial interest in this business entity for the following reasons: (check all of which are applicable.) Ownership of 10 percent or more of the voting stock or shares of the business entity. Ownership of either 10 percent or more or $15,000 or more of the fair market value of the business entity. Funds received from the. business entity exceed 10 percent of (my, her, his) gross income for the previous year. Real property is involved, and (I,.he, she) have an interest which is an equitable or legal ownership with a fair market value of at least $2,500. A relative of mine, within the first or second degree by blood or marriage, has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Clerk, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this the �kday of , 20 S' ure of Official" Title BEFORE ME, the undersigned authority, on this day personally appeared and on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. SWORN to and subscribed before me on this the-,�6-�14 days I , 200�� STEP HANIEGAPIDY tary Oublic in and fo the Sate T xas '•: = No ID # 126121000 Expires May 22, 2023 ABSTENTION AFFIDAVIT THE STATE OF TEXAS § COUNTY OF JEFFERSON § I, �QR� J SC h U, as a member of the (_Gifu_ C� ouncil, Commission, or Board) ma a this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have a substantial iterest in a business entity that would be peculiarly affected by a vote or decision of the 5POA&'Y1 is7T�' (Ci#y Gaq 1, Commission, or Board) as those terms are defined in V.T.C.A., Local Government Code, § 171.002. The business entity is:� (Name) 11939 Lea�i &D Lu n, IX (Address) ("I," or name of relative and relationship) have/has a substantial interest in this business entity for the following reasons: (check all of which are applicable.) Ownership of 10 percent or more of the voting stock or shares of the business entity. Ownership of either 10 percent or more or $15,000 or more of the fair market value of the business entity. Funds received from the. business entity exceed 10 percent of (my, her, his) gross income for the previous year. Real property is involved, and (I,.he, she) have an interest which is an equitable or legal ownership with a fair market value of at least $2,500. A relative of mine, within the first or second degree by blood or marriage, has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Clerk, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this the ,�2L4JAday of LAa , 20. Signature o Icial aoLL n CI j rn rYl. i-+-La r Title BEFORE ME, the undersigned authority, on this day personally appeared and on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. SWORN to and subscribed before me on is thet kday of 20 TINA GAIL BROUSSARD Notary Public in and for the Sate of Texas Z 4e+i Notary Public, State of Texas ?, +� Comm. Expires 01-12-2023 Notary 10 11435119