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Home My WebLink About08/23/2022 MIN............ 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 If Audwin Samuel, Ward III AUGUST 23, 2022 Chris Durio, Mayor Pro Tom 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 August 23, 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 items 3 and 4 Mayor Pro Tem Durio called the council meeting to order at 1:30 p.m. Pastor John Adolph with Antioch Missionary 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 Pro Tern Durio, Councilmembers Getz, Turner, Feldschau, Samuel and Neild. Absent: Mayor Mouton. Also, present were Chris Boone, Interim City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions None Public Comment: Persons may speak on the Consent Agenda and Agenda Items 3 and 4 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 August 16, 2022, City Council Meeting Minutes B. Authorize the Interim City Manager or his designee to execute a Memorandum of Understanding with Flock Group, Inc. for the sharing of data - Resolution 22-202 Minutes — August 23, 2022 C. Authorize the settlement of the claim of Virginia Quintanar - Resolution 22-203 Councilmember Feldschau moved to approve the Consent Agenda excluding Item D. Councilmember Getz seconded the motion. AYES: MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED D. Approve contracts for the purchase of janitorial supplies - Resolution 22-204 Councilmember Feldschau moved to approve Item D on the Consent Agenda, Councilmember Getz seconded the motion. AYES: MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED AGENDA 1. Consider a request for a Specific Use Permit to allow a dwelling unit along with a new law office in the CBD (Central Business District) for the property located at 681 Park Street. Jonathan Vernon proposes a new construction with mixed uses for the property located at 681 Park Street to include a two (2) bedroom dwelling unit combined with a law office. Although a law office is permitted out -right within the CBD district, a dwelling unit requires an approved Specific Use Permit. The living quarters will be located behind the law office on the northwest side of the building. It will be used twenty-four (24) hours, seven (7) days a week and the activities involved are those of daily living such as bathing, sleeping, eating, cooking, laundry, socializing and relaxing. Residential uses within the downtown planning area may bolster economic activity hereafter due to an increase of pedestrian traffic. At a Joint Public Hearing held on August 15, 2022, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow a dwelling unit along with a new law office in the CBD (Central Business District) for the property located at 681 Park Street 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 backflow, pre- treatment and/or F.O.G. program as well as all applicable Building and Fire Codes. Approval of the ordinance with the following condition: Minutes — August 23, 2022 1. 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 F.O.G. program as well as all applicable Building and Fire Codes. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE, GRANTING A SPECIFIC USE PERMIT TO ALLOW A DWELLING UNIT AND LAW OFFICE IN THE CENTRAL BUSINESS DISTRICT (CDB) FOR PROPERTY LOCATED AT 681 PARK STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Neild seconded the motion. AYES: MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-044 2. Consider a request for a Specific Use Permit to allow a new railroad spur in an RS (Residential Single -Family Dwelling) District for the property located on the northeast and west sides of the 600 block of Amarillo Street and the south side of the 2600 block of Fannin Street. BNSF Railway Company is requesting a Specific Use Permit to allow a new railroad spur south of Fannin Street and east of 4t" Street. Some of that area, specifically the northeast and west sides of the 600 block of Amarillo Street and the south side of the 2600 block of Fannin Street, are currently zoned RS (Residential Single -Family Dwelling). This zoning district requires a Specific Use permit for a new railroad track. Existing tracks are located to the north and east adjacent to this location. Properties to the west and south of the new proposed railroad spur are single-family residential homes. In the interest of preserving the value of these properties, an eight (8) foot tall brick or masonry wall or berm will be required along the edge of the new railroad tracks, adjacent to the residential homes. In addition, a ten (10) foot wide landscaped buffer containing one (1) class A or two (2) class B trees for every twenty-five (25) linear feet, will be required along the same perimeter. Where existing trees can be preserved along this perimeter, no new landscaping will be needed. The brick or masonry fence or berm should be next to the tracks with the landscaping on the outside, closer to the residences. This item was previously tabled over concerns there would be no room for the requested wall/berm, but revisions have been made to the design to allow for this condition. At a Joint Public Hearing held on August 15, 2022, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permitto allow a new railroad spur in an RS (Residential — Single -Family Dwelling) District for the property located on the northeast and west sides of the 600 block of Amarillo Street and the south side of the 2600 block of Fannin Street with the following conditions: 1. Construct an eight (8) foot tall brick or masonry wall or berm along the east edge of the new railroad tracks adjacent to existing residential properties. 2. A ten (10) foot wide landscaped strip with trees along the west perimeter of the new Minutes — August 23, 2022 railroad track outside of the required wall or berm where existing trees cannot be preserved. 3. Contingent on approval by Planning Office, BNSF participate in the City's rail crossing enhancement program by permitting pedestrian crossing at BNSF's rail line at Riverfront Park. 4. Add trees abutting the proposed wall adjacent to existing residential properties. Approval of the ordinance with the following conditions: 1. Construct an eight (8) foot tall brick or masonry wall or berm along the east edge of the new railroad tracks adjacent to existing residential properties. 2. A ten (10) foot wide landscaped strip with trees along the west perimeter of the new railroad track outside of the required wall or berm where existing trees cannot be preserved. 3. Contingent on approval by Planning Office, BNSF participate in the City's rail crossing enhancement program by permitting pedestrian crossing at BNSF's rail line at Riverfront Park. 4. Add trees abutting the proposed wall adjacent to existing residential properties. Councilmember Getz moved to ADOPT AN ORDINANCE, ENTITLED AN ORDINANCE, GRANTING A SPECIFIC USE PERMIT TO ALLOW A RAILROAD SPUR IN AN RS (RESIDENTIAL SINGLE-FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED ON THE NORTHEAST AND WEST SIDES OF THE 600 BLOCK OF AMARILLO STREET AND THE SOUTH SIDE OF THE 2600 BLOCK OF FANNIN STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-045 3. Consider amending Section 20.03.004 of the Speed Regulations Ordinance. Staff is recommending changes to the Speed limits Decreased in School Zones Section 20.03.004. The proposed change is to delete the "Schedule" column that describes the times for school zones per each school. This change is requested to facilitate the annual changes to school hours of operation without having to further amend the ordinance each school year. Staff recommends replacing the second paragraph of Sec. 20.03.004 with the following language: "In accordance with this section, and when signs are erected giving notice thereof, the prima facie speed limit shall be twenty (20) miles per hour for each school zone, Monday through Friday on school days. All existing school zone times are set so that the zones are active 45 minutes prior to the first activity of the day and extend 30 minutes past the first bell. In the afternoon the zones are active 30 minutes prior to the closing bell and for 45 minutes after the closing bell as provided by the schools." Minutes — August 23, 2022 Approval of the ordinance. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AMENDING CHAPTER 20, SECTION 20.03.004 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS BY RESTRUCTURING THE SCHOOL ZONES SPEED LIMIT LIST; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Feldschau seconded the motion. AYES: MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-046 4. Consider authorizing the Interim City Manager to provide additional funding and TxDOT concurrence to award a contract to Vaca Underground Utilities, Inc., of Houston, forthe 2020 Highway Safety Improvements Program (HSIP) Interconnect Signals project. On ,tune 28, 2022, by Resolution No. 22-160, City Council authorized the Interim City Manager to amend the Advance Funding Agreement (AFA) with TxDOT to alter the scope of work for the 2020 Highway Safety Improvements (HSIP) Interconnect Signals Project. The scope of work for this project is described as interconnecting signals on Fourth Street (from Calder Ave. to Sarah St.) and on Gladys Avenue (from Edson Dr. to Central Dr.). Vaca Underground Utilities, Inc., the apparent low bidder, submitted a bid totaling $850,170.00. The maximum Federal and State contribution for this project is $660,290.00, therefore the City will be expected to fund the remaining $189,880.00. City staff recommends the additional funding and providing concurrence to TxDOT for awarding the contract to Vaca Underground Utilities, Inc. Funds will come from the Capital Program. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT ADDITIONAL FUNDING IN THE AMOUNT OF $189,880.00 AND CONCURRENCE TO THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR AWARDING THE 2020 HIGHWAY SAFETY IMPROVEMENTS PROGRAM (HSIP) INTERCONNECT SIGNALS PROJECT TO VACA UNDERGROUND UTILITIES, INC., OF HOUSTON, TEXAS, BE AND HEREBY ARE, APPROVED. Councilmember Samuel seconded the motion. AYES: MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 22-205 Minutes -- August 23, 2022 COMMENTS Public Comments (Persons are limited to three minutes) Tony Renfro 6110 Bankston Ln. Beaumont TX Stated that he's the podcaster for "Knowledge is Power" podcast, commented that today is a new chapter here in Beaumont, TX, we now have a breath of fresh air and this is just the beginning, complimented the Council and the Mayor in her absence for making some of the hardest, stressful and major decisions in the past several months, knows that decisions come with obstacles and adversities, everyone may have a different opinion about things but it's how the Council comes together by putting their heads together and thinking caps on and working with one another for a common goal, that common goal is to make sound decisions, solve situations and develop a common ground and come out with the best solution for the betterment of the city and citizens of Beaumont, stated that two new Councilmembers were elected, A.J. Turner, Councilmember-At-Large and Chris Durio, Councilmember Ward IV, and Robin Mouton for Mayor, they were met with and faced adversities, such as the COVI D pandemic, ongoing city issues, law suits, brown water issues and a dysfunctional Water Works Department as well as the building located at 555 Main St., the newly elected Councilmembers teamed up with the current Council to work and learn the job, stated that Council has made some big strives and achievements, thanked Mr. Chris Boone for picking up the baton and working as the Interim City Manager, he has done a great job, thanked Council for hiring one of the youngest, smartest, brilliant and energetic City Attorney, Sharae Reed, as well as the brightest and innovative hiring of the new City Manager, Mr. Kenneth Williams, for the first time he feels good about the direction the city has taken and sees progress for the future, there's still a long ways to go, addressed two concerns, one is the stipend for the Mayor and Council which hasn't been revised or updated since 1986, stated that he would endorse and support a recommendation that the Council place this item on the docket and revise and update the City Charter for an increase in Councils stipend Scott James Andrus 2085 Long St. Beaumont TX Stated that he's a U.S. Navy Special Forces Vet, commented on his nose being broken as well as some personal items that were stolen, stated that a Beaumont Police Officer named Officer Davis profiled him twice and he doesn't appreciate it, stated he knows who he is in Christ Councilmembers/City Manager/City Attorney comments on various matters COUINCILMEMBER COMMENTS COUNCILMEM13ER GETZ - COMMENTED ON THE HEARING THAT WAS TO TAKE PLACE ON TODAY REGARDING THE CAPITAL PLAN, STATED THAT THE CITY IS REQUIRED TO PLACE THE ITEM IN THE NEWSPAPER PRIOR TO THE PUBLIC HEARING, ASKED HOW MANY DAYS IN ADVANCE DOES THE PUBLICATION NEED TO BE PUBLISHED THE (CFO RESPONDED 10 DAYS), IT'S HIS UNDERSTANDING THAT THE NOTICE OF THE PUBLIC HEARING WAS PLACED IN THE BEAUMONT ENTERPRISE, WANTED TO KNOW IF THE CITY DIDN'T MEET THE TEN DAY DEADLINE TO GET IT IN THE Minutes —Aug usl 23, 2022 EXAMINER, IT'S A LOT MORE EXPENSIVE TO ADVERTISE IN THE ENTERPRISE INSTEAD OF THE EXAMINER COUNCILMEMBER TURNER - ASKED THE INTERIM CITY MANAGER IF THERE'S SOMETHING THAT WAS PLANNED TO TAKE PLACE AT COUNCIL AND IT WAS CANCELLED COULD THAT CANCELLATION NOTICE BE PUT ON FACEBOOK AND THE CITY WEBSITE SO THAT CITIZENS ARE INFORMED, HAD SEVERAL CITIZENS THAT REACHED OUT TO HIM THAT WERE GOING TO SPEAK REGARDING THE CAPITAL PROGRAM, HAD TO INFORM THEM THAT THE PUBLIC HEARING FOR THE CAPITAL PROGRAM WAS CANCELLED, STATED THAT THIS IS HIS FIRST TIME GOING THROUGH THE BUDGET PROCESS, THE BUDGET IS ROUGHLY 269 PAGES, IT WAS RECEIVED NOT LONG AGO, REQUESTED THAT STAFF GET THE BUDGET TO THE COUNCIL A LOT EARLIER THAN THEY DID, ASKED IF THIS CAN BE CONSIDERED IN THE FUTURE, IT WOULD BE GREATLY APPRECIATED COUNCILMEMBER FELDSCHAU - CONGRATULATED MAYOR PRO TEM ON A JOB WELL DONE ON CHAIRING THE MEETING ON TODAY COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER NEILD - NONE CITY ATTORNEY REED - NONE INTERIM CITY MANAGER BOONE - NONE MAYOR PRO TEE DURIO - THANKED EVERYONE FOR ATTENDING THE MEETING MAYOR MOUTON - ABSENT there being no Executive Session, Council adjourned at 1:59 p.m. Chi' Duria, May8r Pro Tern Tina Broussard, City Clerk Minutes -- August 23, 2022