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HomeMy WebLinkAbout10/17/2023 MINT E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner, Mayor Pro Tern ROY WEST, MAYOR Randy Feldschau, At -Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III OCTOBER 17, 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 October 17, 2023, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 5:30 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 Regular Agenda items 1- 3 (or any other topic). Items 4-6 have already been heard in a Public Hearing Mayor West called the council meeting to order at 5:30 p.m. Reverend Daniel Tatum the Critical Care Chaplain with Christus St. Elizabeth Hospital 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 Tern 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 "Annual National White Cane Safety Awareness Day" — October 17, 2023 — Proclamation read by Tina Broussard, City Clerk; accepted by Kenneth Simien Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-3 (or any other topic). Items 4-6 have already been heard in a Public Hearing. (Public comments can be heard or seen at the City of Beaumont webslte at beaumonttexas.gov Tony Lucent! Joan Clark Charlene Sam 825 Nantucket 795 N. 711 2370 Monroe Beaumont TX Beaumont TX Beaumont TX Charlie Crabbe 928 East Dr. Beaumont TX Minutes - Odober 17, 2023 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 October 10, 2023, City Council Meeting Minutes. B. Council to consider a resolution approving an annual maintenance agreement from SoftwareOne, Inc., of Milwaukee, WI for Microsoft Office 365 that used by all city departments -- Resolution 23-293 E. Council to consider appointments to the Community Development Advisory Committee -- Resolution 23-295 F. Council to consider appointments to the Historic landmark Commission — Resolution 23-296 G. Council to consider appointments to the library Commission — Resolution 23-297 H. Council to consider appointments to the Parks and Recreation Advisory Committee — Resolution 23-298 Council to consider appointments to the Police Department Community Advisory Committee -- Resolution 23-299 J. Council to consider appointments to the Planning and Zoning Commission — Resolution 23- 300 K. Council to consider appointments to the Convention and Tourism Advisory Board — Resolution 23-301 Councilmember Feldschau moved to approve the Consent Agenda. Councilmember Neild second the motion. (Councilmember Neild stated that he would second the motion if items C and D were voted upon separately). Councilmember Feldschau amended his motion to approve the Consent Agenda excluding Items C and D. Councilmember Samuel second the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, PELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED C. Council to consider a resolution approving a contract for collection services for Municipal Court. Councilmember Neild made a motion to approve Consent Agenda Items C. Councilmember Feldschau second the motion. After discussion Councilmember Getz moved to table Item C for thirty (30) days. Councilmember Feldschau second the motion. Minutes - October 17, 2023 AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE ITEM TABLED D. Council to consider a resolution authorizing the City Manager to execute an Earnest Money Contract and other related documents to purchase two tracts of property from Mount Gilead Missionary Baptist Church -- Resolution 23-294 Councilmember Feldschau motion to approve Consent Agenda Item D. Councilmember Durio second the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED IZIxeiflWAZw-,TCI4ki1.711 Council to consider a resolution approving the purchase of Axon TASER energy weapons and accessories from Axon Enterprise, Inc., of Scottsdale, Arizona for use by the Police Department. The Beaumont Police Department currently issues Axon TASER® energy weapons as a less lethal force option for officers. Most current units are nearing the end of their five-year service life, and the most popular model has been discontinued. This purchase plan will replace all 211 units with the newest TASER 10 model. Also included is software, batteries, cartridges, accessories, and updates for five years. In addition, the data and usage metrics for these new units are electronically integrated into the software that BPD currently uses with the AXON video and electronic evidence storage suite. The total cost of the purchase plan is $931,977.80, with payments divided over five years with an annual cost of $186,395.56. Pricing was obtained using BuyBoard and includes a trade-in discount for the return of old models. The quote reflects a refund of $6,665.00 due to the city for an unrelated and undelivered service. The refund was calculated into the total displayed on the quote, which is $925,312,80. Funds will come from the Police Contract Services budget. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE THE PURCHASE OF AXON TASER ENERGY WEAPONS AND ACCESSORIES FROM AXON ENTERPRISE, INC., OF SCOTTSDALE, ARIZONA FOR USE BY THE POLICE DEPARTMENT IN THE AMOUNT OF $925,312.80 WITH PAYMENTS DIVIDED OVER FIVE (5) YEARS WITH AN ANNUAL COST OF $186,395.56 PER YEAR. Councilmember Samuel seconded the motion. Minutes - October 17, 2023 AYES: MAYOR WEST, MAYOR PRO TEM. TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-302 2. Council to consider a resolution authorizing a contract with SETEX Construction Corp., of Beaumont, for the Citywide Emergency Water Main Repairs III. 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 27, 2023, one (1) bid was 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 bid, Engineering staff recommend and have executed an emergency contract with SETEX Construction Corp. The contract is not to exceed $100,000 with the option of one (1) renewal. Funds will come from the Water Utilities Fund. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH SETEX CONSTRUCTION CORP., OF BEAUMONT, TEXAS, FOR THE CITYWIDE EMERGENCY WATER MAIN REPAIR III IN AN AMOUNT NOT TO EXCEED $100,000.00 WITH THE OPTION OF ONE (1 ) RENEWAL. Mayor Pro Tern Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-303 3. Council to consider a resolution for the immediate repair of an excavator utilized by Solid Waste. Minutes - October 17, 2023 Unit number 5178, a 2012 Komatsu excavator that is utilized by the City's Solid Waste Division, is an essential piece of equipment to its operation and is in need of the replacement of its hydraulic control valve and stick cylinder and clean hydraulic system. Waukesha - Pearce Industries LLC, of Port Arthur, is the sole source provider for the repairs with an estimated cost of $72,671.26. Funds will come from the Fleet Management Fund. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE THE IMMEDIATE REPAIR OF A 2012 KOMATSU EXCAVATOR USED BY THE SOLID WASTE DIVISION FROM WAUKESHA-PEARCE INDUSTRIES LLC., OF PORT ARTHUR, TEXAS, IN THE AMOUNT OF $72,671,26. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-304 4. Council to consider a request for an Amended Specific Use Permit to allow a residential care facility in a RM-H (Residential Multiple Family -Highest Density) District for property located at 1094-1098 Cottonwood Street. Daniel Jeans of the H.O.W, Center is requesting approval of an Amended Specific Use Permit (SUP) to allow a residential care facility located at 1094-1098 Cottonwood Street. This proposal was originally presented at the March 20, 2023, Planning Commission to develop a two-story dormitory, office space and parking lot for the H.O.W. Center. However, Mr. Jeans would like to develop a one-story dormitory, office space and parking lot, such change has expanded the building to be closer to northern residences, thus necessitating an Amended SUP. The H.O.W. Center is a facility offering room and board for men with substance abuse issues. Section 28.04.006 of the City's landscaping ordinances states, "an increase in the size of an existing parking lot by twenty-five (25) percent in the number of parking spaces or more shall require the entire parking lot, in addition to the twenty-five (25) percent expansion, to be brought into compliance with this section." The submitted site plan appears to comply with this regulation. At a Joint Public Hearing held on September 18, 2023, the Planning Commission recommended 6:1 to approve the request for an Amended Specific Use Permit to allow a residential care facility in the RM-H (Residential Multiple Family -Highest Density) District for property located at 1094-1098 Cottonwood Street, with the following conditions: Construction plans shall comply with all applicable Building and Fire Code requirements. Minutes - October 17, 2023 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's back -flow, pre-treatment and/or FOG program. 3. The sanitary sewer line shall be tied to the City line located in the alleyway or to Cottonwood Street. 4. The existing water meter located in the proposed driveway along Cable Avenue must be moved or abandoned. Approval of the ordinance, with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's back -flow, pre-treatment and/or FOG program. 3. The sanitary sewer line shall be tied to the City line located in the alleyway or to Cottonwood Street. 4. The existing water meter located in the proposed driveway along Cable Avenue must be moved or abandoned. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY IN A RM-H (RESIDENTIAL MULTIPLE FAMILY -HIGHEST DENSITY) DISTRICTAT 1094-1098 COTTONWOOD STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Feldschau seconded the motion. AYES; MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-079 5, Council to consider a request for a Specific Use Permit to allow a multifamily development in the CDB (Central Business District) for property located at 704 Neches Street. Richard Gilbert of GP Realty and Management, Inc, is requesting a Specific Use Permit to allow construction of a multiple -family development located at 704 Neches Street. The three (3) story building will contain twelve (12) units to be leased at market -rate. It should be noted; off-street parking requirements are exempt from developments within the CBD (Central Business District). Residential uses in the downtown planning area may bolster economic activity by increasing pedestrian traffic. Minutes - October 17, 2023 At a Joint Public Hearing held on September 18, 2023, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a multi -family development in the CBD (Central Business District) District for property located at 704 Neches Street, with the following conditions: Construction plans shall comply with all applicable Building, Engineering and Fire Code requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's back -flow, pre-treatment and/or FOG program. Approval of the ordinance, with the following conditions: Construction plans shall comply with all applicable Building, Engineering and Fire Code requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's back -flow, pretreatment and/or FOG program. Mayor Pro Tem. Turner moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MULTI -FAMILY DEVELOPMENT IN A CBD (CENTRAL BUSINESS DISTRICT) FOR PROPERTY LOCATED AT 704 NECHES STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-080 6. Council to consider a request for a closure of access to Interstate 10 East Feeder Road from 8th and 9th Streets, The Texas Department of Transportation (TXDOT) is requesting closure of access to Interstate 10 East Feeder Road from 8th and 9th Streets. This request is to facilitate construction of a sound wall barrier between the feeder road and the Oaks Historic District to minimize impact from the State's IH-10 & US-69 Interchange Project. Traffic will be able to access the feeder road by way of 10th Street and 7th Street. This item was sent to all interested parties and received zero in opposition from City staff. At a Joint Public Hearing held on September 18, 2023, the Planning Commission recommended 7:0 to approve the request for the closure of access to Interstate 10 East Feeder Road from 8th and 9th Streets. Approval of the ordinance. Minutes - October 17, 2023 Councilmember Durlo moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING THE CLOSURE OF ACCESS TO INTERSTATE 10 EAST FEEDER ROAD, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Feldschu seconded the motion, AYES; MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-081 PUBLIC HEARING 4-- Receive comments regarding the City's Emergency Management Plan Public Hearing Open: 7:04 p.m. 1 z reMw Public Hearing Close: 7:04 p.m. COUNCILMEMBER COMMENTS 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 TEM DURIO - COUNCILMEM13ER GE,TZ - MAYOR PRO TEM TURNER - COUNCILMEMBER FELDSCHAU - COUNCILMEM13ER SAMUEL - COUNCILMEMBER NEILD - CITY ATTORNEY REED -- PW DIRECTOR BARTKOWIAK — ACM BOONE -- ACM ELLIS - CITY CLERK BROUSSARD - CFO SIMONEAUX - Minutes - October 17, 2023 CITY MANAGER WILLIAMS - MAYOR WEST -- With there bging no Executive Session, Council adjourned at 7:14 p.m. Tina Broussard, City Clerk i SOW# LLLJJJ Minutes - October 17, 2023