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HomeMy WebLinkAbout09/26/2023 MINT E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner, Mayor Pro Tern ROY WEST, MAYOR Randy F'eldschau, At -Large Taylor Nelld, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward [[[ SEPTEMBER 26, 2023 Chris Durio, Ward IV Tina Broussard, City Clerk Kenneth R. Williams, 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 September 26, 2023, 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 — Presentation of Classification and Compensation Results and Implementation by Evergreen Solutions Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-6 (or any other topic). Item 7 has already been heard in a public hearing. Mayor West called the council meeting to order at 1:30 p.m. Reverend Jason Richards with LifePoint Church gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tem Turner, Councilmembers Durio, Getz, Feldschau, Samuel and Neild. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition "Our World: Worldwide Day of Play Day" — September 30, 2023 — Proclamation read by Tina Broussard, City Clerk; accepted by Amanda Yarbrough and others Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-6 (or any other topic). Item 7 has already been heard in a Public Hearing. (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov Charlene Sam Jim Broussard Martha Chisom 2370 Monroe 2000 McFaddin 1130 Condon Beaumont TX Beaumont TX Beaumont TX David Pete 6365 Chinn Ln Beaumont TX Minutes — September 26, 2023 Charlie Crabbe 928 East Dr. Beaumont TX Tonene Ligon 4240 Inez Beaumont TX Verma Maneesh 3720 Westheimer Rd. Houston TX 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. Council to consider approving the September 19, 2023, City Council Meeting Minutes. B. Council to consider a resolution approving the reappointment of Gillian Jenkins to the Civil Service Commission — Resolution 23-266 C. Council to consider a resolution appointing individuals to the Construction Board of Appeals -- Resolution 23-266 D. Council to consider a resolution approving the City of Beaumont Investment Policy — Resolution 23-267 E. Council to consider a Resolution authorizing the City Manager to execute a lease agreement renewal with the Beaumont Art League -- Resolution 23-268 Councilmember Feldschau moved to approve the Consent Agenda. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED REGULAR AGENDA 1. Council to consider a resolution approving an ordinance to amend Article 6.10 Gaming Sites and Gaming Machines. The Planning and Community Development proposes to amend Article 6,10 Gaming Sites and Gaming Machines. Game rooms often result in gambling activities and increase calls for service from Police and Fire Departments. The intent of the proposed amendments is to increase City oversight of game rooms and their operators in order to improve public safety and oversight. These changes should better insulate sensitive communities by better buffering children, churches, hospital, residential districts from gaming sites, while also decreasing concentration by establishing distance requirements between established game rooms. Minutes — September 26, 2023 Currently, direct costs to the city exceed approximately $500,000 per year. An increase in fees will allow the program to become self -funding for processing applications, inspections, and enforcement. A work session was conducted on September 12, 2023, to review the proposed changes. Approval of the Ordinance. Councilmember Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE, AMENDING ARTICLE 6-10 GAMING SITES AND GAMING MACHINES. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-073 2. Council to consider amending Section 2.04,002 of the Code of the Ordinances related to declaring Presidents' Day as an official holiday for City employees. The Code of Ordinances specifies the various holidays for City employees. There are currently eleven (11) declared holidays and one "special day taken at any time," often referred to as a "floating holiday." Presidents' Day became a federal holiday in 1968 and is observed on the third Monday in February in honor of the first and sixth presidents of the United States. Approval Of the Ordinance. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 2.04, SECTION 2.04.002(A) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, RELATING TO DECLARING PRESIDENTS' DAY AS AN OFFICIAL HOLIDAY FOR CITY EMPLOYEES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-074 3. Council to consider a resolution to award HOME ARP (American Resue Plan) funding for the development of non -congregate shelter, tenant based rental assistance and the administration associated with the planning and management of the projects. (This Item was Tabled) Minutes —September 26, 2023 The American Rescue Plan (ARP) Act of 2021 allocated $1,865,394 in supplemental HOME funding to the City of Beaumont. The appropriated funds are to address the need for homelessness assistance and Tenant Based Rental Assistance. In accordance with the HOME ARP Grant Agreement, the city will use 5% of its total award for administrative and planning costs. Our approved plan includes $1,572,124 for the acquisition & development of non -congregate shelter (NCS) units, $200,000 for Tenant Based Rental Assistance (TBRA), and $93,270 for administration of the programs totaling $1,865,394. Funds will come from the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and HOME Investment Partnership Grant funds. (HOME). Approval of the Resolution. 4. Council to consider a request to extend the deadline to allow an ambulatory surgery center at 6510 Folsom Drive, as approved in September of 2021. Occu-Health Surgery Center is requesting an extension for the Specific Use Permit issued in September of 2021, to allow an ambulatory surgery center on property located at 6510 Folsom Drive. The City of Beaumont Zoning Ordinances, Section 28.04.001(g) Specific Use Permits states, "Extensions Of time for good cause may be approved by the city council." City Council approved Ordinance No. 21-064 for a Specific Use Permit to allow an ambulatory surgery center with the following condition: 1. All building and fire codes related to the use must be met. The applicant is requesting additional time due to delays caused by obtaining design documents and funding. The applicant expressed an additional year of time to find another doctorlinvestor and begin construction. Administration recommends a new deadline of September 26, 2024, with the following condition: All building and fire codes related to the use must be met. Mayor Pro Tern Turner moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW AN AMBULATORY SURGERY CENTER IN AN GC-MD-2 (GENERAL COMMERCIAL MULTIPLE FAMILY DWELLING-2) DISTRICT PROPERTY LOCATED AT 6510 FOLSOM DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-075 Minutes — September 26, 2023 5. Council to consider a resolution approving the write-off of uncollectible water accounts totaling $51,055.48 for which each individual account exceeds $1,000. (This item was pulled) This request is in accordance with the 'City's current write-off policy approved by the City Council on December 21, 1999. The policy gives the Council the final authority to write off an individual account receivable identified as uncollectible with a balance due that exceeds $1,000.00. All accounts have been terminated for at least one year and collection efforts have been unsuccessful. The termination dates for these accounts range from April 2021 through March of 2022. A customer with a written -off account will not be able to obtain new water service with the city until the delinquent balance has been paid. if at any time it is determined such a customer is associated with a new or an existing account, the written off amount will be reinstated and transferred to that account for payment. Approval of the resolution. 6. Council to consider a resolution authorizing a contract with Zion Industrial Group, LLC, and TMT Utilities, Inc., for the Citywide Emergency Water Main Repairs Ill. On August 15, 2023, the City of Beaumont issued a Mandatory Water Restriction as determined by Stage 3 of the Drought Contingency Plan due to the excessive heat and lack of rain. The excessive heat and lack of rain has caused multiple water mains to burst, causing blowouts throughout the city. The blowouts must be repaired immediately to conserve the already limited water consumption deemed mandatory throughout the City, along with maintaining adequate water pressure per state regulations for public health and safety. On September 15, 2023, two (2) bids were received for furnishing all labor and equipment to perform water line repairs for lines up to twelve (12) inches in diameter. The opportunity to bid was sent to 202 vendors. Based on a review of the bids, Engineering staff recommend and have executed emergency contracts with both bidders, Zion Industrial Group, LLC, and TMT Utilities, Inc. The contracts are not to exceed $100,000 each with the option of one (1) renewal each. Funds will come from the Water Utilities Fund. Approval of the Resolution. Councllmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO ZION INDUSTRIAL GROUP, LLC, OF BEAUMONT, TEXAS, IN THE AMOUNT OF $48,089.05, AND TMT UTILITIES, INC., OF HUNTSVILLE, TEXAS, IN THE AMOUNT OF $20,000.00 AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CONTRACTS WITH ZION INDUSTRIAL GROUP, LLC,, OF BEAUMONT, TEXAS, AND TMT UTILITIES, INC., OF HUNTSVILLE, TEXAS FOR THE CITYWIDE EMERGENCY WATER MAIN REPAIRS III. Councilmember Durio seconded the motion. AYES. MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NIILD Minutes — September 26, 2023 NAYS: NONE MOTION PASSED RESOLUTION 23-269 7. Council to consider a request to Rezone a portion of property from RS (Residential Single - Family Dwelling) to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) or more restrictive district for property located at 1845 S. Major Drive. Nancy Resendez is requesting approval for a Rezoning from RS (Residential Single -Family Dwelling) to GC -MD (General Commercial -- Multiple -Family Dwelling) for the property located at 1845 S. Major Drive. Major Drive is considered an arterial roadway and common planning practices encourage commercial uses along such roads. However, this site abuts residentially zoned property on the east, south and west sides of the property. Staff recommends approval of a Rezoning from RS to GC-MD-2 (General Commercial — Multiple Family Dwelling-2). This district would require a Specific Use Permit for any commercial use, affording the neighboring properties the benefit of additional notifications and public hearings before such use could be established on the property. The owners are selling the property contingent upon the results of this case. At a Joint Public Hearing held on September 18, 2023, the Planning Commission recommended 7:0 to approve the request to rezone a portion. of property from RS (Residential Single -Family Dwelling) to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) or more restrictive district for property located at 1845 S. Major Drive. Approval of the Ordinance. Councilmember 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 RS (RESIDENTIAL SINGLE- FAMILY DWELLING) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 1845 S. MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-076 PUBLIC HEARING 4- Council to conduct a Public Hearing to receive comments on the 2022 Consolidated Annual Performance and Evaluation Report (CAPER) Minutes — September 26, 2023 Public Hearing Open: 2:44 p.m. None Public Hearing Close: 2:44 p.m. WORK SESSION Review and Discuss the City's Sanctioned Encampment Strategy Mayor West read the announcement regarding the Executive Session being held at the conclusion of Public and Councilmember comments. COMMENTS Public Comments (Persons are limited to three minutes) Thefarro Richard 5274 Parkview Dr. Beaumont TX Councilmembers/City Manager/City Attorney comments on various matters (Comments can be heard or seen on the City of Beaumont website at beaumonttexas.gov) COUNCILMEMBER COMMENTS COUNCILMEM13ER TEM DURIO - COUNCILMEMBER GETZ - MAYOR PRO TEM TURNER - COUNCILMEMBER FELDSCHAU - COUNCILMEMBER SAMUEL - COUNCILMEMBER NEILD - CITY ATTORNEY REED -- PW DIRECTOR BARTKOWIAK -- ACM BOONE — ACM ELLIs - CITY CLERK BROUSSARD - CFO SIMONEAUX - CITY MANAGER WILLIAMS - MAYOR WEST - - Minutes — September 26, 2023 EXECUTIVE SESSION Consider matters to deliberate the employment, evaluation, duties of a public officer or employee in accordance with Section 551.074 of the Government Code, to wit specifically: • Kenneth R. Williams, City Manager • Sharae Reed, City Attorney • Tina Broussard, City Clerk • Craig Lively, Chief Magistrate Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: The Claim of Manely Rosales Cordero • Caleb Fenter v. City of Beaumont and Christopher S. Boone; Cause No. B-210244 • International Association of Firefighters Local 399 v. City of Beamont, Kenneth R. Williams, in his official Capacity as City Manager, and Earl White, in his official Capacity as Fire Chief-, Cause No. D-210950 Open session 91 meetinWreceVspd at 3:39 p.m. Roy eft, jVlayor V Tina Broussard, City Clerk L Min€files — September 26, 2023