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Home My WebLink AboutMIN JUL 28 2015M I N U T E S- CITY OF BEAUMONT W.L. Pate, Jr., At -Large BECKY AMES, MAYOR Gethrel Wright, At -Large Claude F. Guidroz, Ward I CITY COUNCIL MEETING Michael D. Getz, Mayor Pro Tem Audwin Samuel, Ward III July 28, 2015 Robin Mouton, Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on July 28, 2015, 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 Presentations and Recognition Public Comment: Persons may speak on scheduled agenda item 2/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Assistant Pastor Albert Moore of the Antioch Missionary Baptist Church gave the invocation. Mayor Ames led the Pledge of Allegiance. Roll call was made by Stephanie Gandy, Deputy City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tem Getz, Councilmembers Guidroz, Wright, Pate and Mouton. Absent: Councilmember Samuel; Tyrone Cooper, City Attorney; and Tina Broussard, City Clerk. Also present were Kyle Hayes, City Manager; Quentin Price, 1St Assistant City Attorney; Stephanie Gandy, Deputy City Clerk. Councilmember Samuel was absent to attend a funeral. Proclamations, Presentations, Recognitions Years of Service Awards -Recognition 25 Years Patsy Gage — Information Technology, Johns Library Matthew Martin — Legal Carl Guillory — Public Works, Solid Waste 30 Years Barry Miller — Water Utilities, Treatment Plant 35 Years Charles Cox Fire Joe Herrera - Fire Minutes — July 28, 2015 Public Comment: Persons may speak on scheduled agenda item 2/Consent Agenda. Stephen Hoffman 7045 Blarney Beaumont, TX Spoke regarding Item #2 on the Agenda; stated he supports amending the Code of Ordinances to allow alcohol within the city parks Jan Droptini 6725 Gladys Beaumont,,TX Spoke regarding Item #2 on the Agenda; stated that she is opposed to amending the Code of Ordinances to allow alcohol within the city parks CONSENT AGENDA Approval of minutes — July 21, 2015 Confirmation of committee appointments — Resolution 15 - 147 Shedrick Evans would be appointed to the Community Development Advisory Committee. The term would commence July 28, 2015 and expire July 27, 2015. (Councilmember Robin Mouton) A) Authorize the City Manager to enter into an agreement with Lamar University regarding funding to enhance the programming of the educational access channel — Resolution 15-148 B) Authorize the City Manager to apply for and receive funding through the Texas State Library and Archives Commission — Resolution 15 -149 C) Authorize the settlement of the lawsuit styled Cathy Taylor vs. City of Beaumont; Cause No. 123,753 — Resolution 15 -150 D) Authorize the settlement of the property claim of Fiberlight, LLC — Resolution 15 - 151, E) Adopt municipal health care provider participation program model rules and procedures — Resolution 15 - 152 F) Authorize the settlement of the lawsuit styled Bob Shaw d/b/a Bob Shaw Consulting Engineers vs. City of Beaumont; Cause No. B-195,144 — Resolution 15 -153 Mayor Pro Tem Getz moved to approve the Consent Agenda. Councilmember Pate seconded the motion. AYES: MAYORAMES, MAYOR PRO TEM GETZ, COUNCILMEMBERS GUIDROZ, WRIGHT, PATE AND MOUTON NAYS: NONE Minutes —July 28, 2015 MOTION PASSED GENERAL BUSINESS Consider a request for a Specific Use Permit to allow a construction and agricultural equipment dealership on property zoned GC -MD (General Commercial -Multiple Family Dwelling) at 1115 Wescalder Road. Barry Graves is requesting a Specific Use Permit to allow an agricultural and light construction equipment dealership at 1115 Wescalder. His plan is to renovate the existing 9200 sq. ft. building. The building is located on 3.46 acres with adequate parking and utilities. The dealership will provide new and used equipment as well as parts, service and rental. At a Joint Public Hearing held July 20, 2015, the Planning Commission recommended 6:0 to approve, a request for a Specific Use Permit to allow a construction and agricultural equipment dealership on property zoned GC -MD (General Commercial -Multiple Family Dwelling) at 1115-Wescalder Road. Subject to the following condition: Install- a 6' wide landscaped buffer at Wescalder between existing driveways to shield customer parking areas. Approval subject to the following conditions: Install a 6' wide landscaped buffer at Wescalder between existing driveways to shield customer parking areas. Councilmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CONSTRUCTION AND AGRICULTURAL EQUIPMENT DEALERSHIP IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING DISTRICT AT 1115 WESCALER ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Guidroz seconded the motion. AYES: MAYORAMES, MAYOR PRO TEM GETZ, COUNCILMEMBERS GUIDROZ, WRIGHT, PATE AND MOUTON NAYS: NONE MOTION PASSED Ordinance 15 - 025 2. Consider amending Section 14.04.009 (h) of the Code of Ordinances to allow the sale, consumption and possession of alcoholic beverages within city parks under certain conditions. The City of Beaumont's Code of Ordinances currently allow the sale, consumption or possession of alcoholic beverages at the Henry Homberg Golf Course, but only for special functions or tournaments by groups or organizationsauthorized to hold these types of Minutes — July 28, 2015 events, and the ordinance only allows alcohol to be possessed or consumed at Riverfront Park. The proposed ordinance changes have two major parts: first, the ordinance would be amended to allow alcoholic beverages within all of the Henry Homberg Golf Course, including the clubhouse, regardless of whether or not a special function or tournament is being held; second, the ordinance would allow for the sale, consumption, or possession of alcoholic beverages within city parks so long as the sale is in conjunction with a city - sponsored event. The ordinance,would not allow individuals to bring their own alcoholic beverages to either the golf course or to city parks. Approval of ordinance. Mayor Pro Tem Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 14, PUBLIC WAYS AND PLACES, ARTICLE 14.04, PARKS AND RECREATION, SECTION 14.04.009(H)(2) AND (3), OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO ALLOW THE SALE, CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES WITHIN CITY PARKS UNDER CERTAIN CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM GETZ, COUNCILMEMBERS GUIDROZ, WRIGHT, PATE AND MOUTON NAYS: NONE MOTION PASSED Ordinance 15 - 026 WORKSESSION Review and discuss private warranty programs available for customer water/sewer lines Laura Clark, CFO, spoke regarding companies that have reached out to the City about water/sewer customers being insured for their portion of the. lines. The water and sewer lines from the meter to the residence is the responsibility of the citizen. The City is responsible for the lines up to the meter only. Many times, repairs to the citizen's portion of the lines, can be costly, depending on what the issue may be. There are warranty programs that the customer can, participate in. A customer can enroll in the program, choose a type of coverage and then pay a monthly premium directly to the warranty company. If there's an issue, the customer calls the warranty company, who then has a contracted plumbing company send someone out to assess the situation. The warranty company and the plumber then decide the best course of action for the repairs needed which will be covered by the warranty. Typically, sewer lines are covered up to $4,000 and water lines up to $3,500. It is felt that the citizens should be aware of these warranty programs, however it is not recommended that the City endorse any particular companies. Minutes — July 28, 2015 Any warranty program entered, into by a citizen would beat the discretion of the citizen, as , the City would not be involved. COUNCILMEMBER COMMENTS COUNCJLMEMBER GUIDROZ - SPOKE ON THE TRAGIC _ SHOOTING IN LAFAYETTE, LA, STATED THAT THE CITY IS VERY SIMILAR IN DEMOGRAPHICS TO BEAUMONT, WE'RE PRAYING FOR THE GOOD PEOPLE OF LAFAYETTE, URGED ALL CITIZENS TO KNOW THAT IT'S OUR RESPONSIBILITY TO REPORT THOSE PEOPLE THAT MAY NEED CARE OR TO BE DIRECTED TO THE PROPER SERVICES IN LIGHT OF THE SHOOTER HAVING BEEN KNOWN TO MAKE THREATENING STATEMENTS AGAINST GOVERNMENT AGENCIES, PRAYS THAT THIS DOESN'T HAPPEN HERE BUT THAT IT'S ALL OF US KEEPING A VIGILANT EYE THAT WOULD KEEP IT FROM HAPPENING, THAT WE ALL SHOULD HELP OUR POLICE OFFICERS TO KEEP US SAFE MAYOR PRO TEM GETZ - ANNOUNCED THE REGULAR MONTHLY MEETING OF THE ACORN ASSOCIATION WILL BE HELD MONDAY, AUGUST 3RD AT FOREST PARK METHODIST CHURCH AT 7:00 P.M., STATED THAT -MOVIE NIGHT AT THE JEFFERSON THEATER WILL BE MOVED TO THURSDAY THIS WEEK, SMOKEY AND THE BANDIT WILL BE PLAYING, THE COST IS $5.00 COUNCILMEMBER WRIGHT - CONGRATULATED THE CITY EMPLOYEES WHO WERE RECOGNIZED FOR THEIR YEARS OF SERVICE, STATED THAT ALL OF COUNCIL IS VERY CARING ABOUT CITIZEN'S CONCERNS AND THAT THEY ALL REALIZE THAT THEY WORK FOR THE CITIZENS, ASKED THAT WHEN CITIZENS CALL THEIR COUNCILMEMBERS TO PLEASE BE SURE THAT ALL FACTS ARE PRESENTED SO THAT THE COUNCILMEMBER CAN INVESTIGATE THINGS APPROPRIATELY, PLEASE BE SURE THAT IT'S A GRIEVANCE AND NOT A GRIPE COUNCILMEMBER PATE - STATED THAT COUNCIL HAD SPENT TIME IN EMERGENCY MANAGEMENT TRAINING BEFORE THE MEETING AND IS GRATEFUL THAT THE CITY HAS SUCH AN OUTSTANDING INDIVIDUAL AS TIM OCNASCHECK DOING SUCH A FINE JOB, WE'RE FORTUNATE TO HAVE SUCH KNOWLEDGEABLE AND DEDICATED INDIVIDUALS WORKING FOR THE CITY, ALL IS CURRENTLY QUIET IN THE GULF OF MEXICO IN RELATION TO STORMS COUNCILMEMBER SAMUEL - ABSENT COUNCILMEMBER MOUTON - IN THE PAST WEEK WE'VE HAD TRAGEDY BOTH TO THE EAST AND WEST OF US IN PRAIRIEVIEW AND LAFAYETTE, STATED THAT WE ARE BLESSED TO NOT HAVE HAD ANY SUCH Minutes — July 28, 2015 TRAGEDIES IN BEAUMONT, PRAYERS GO OUT TO THE FAMILIES CITY ATTORNEY COOPER - ABSENT CITY MANAGER HAYES - NONE MAYOR AMES.- STATED THAT THE EMERGENCY MANAGEMENT WORKSHOP IS SOMETHING THAT IS DONE EVERY YEAR, THERE HAVE BEEN A LOT OF CHANGES MADE IN THE DIVISION SINCE 2007 AND HAVE CONTINUED TO MAKE POSITIVE IMPROVEMENTS, WE'RE VERY FORTUNATE IN THE CITY OF BEAUMONT TO HAVE THE EMERGENCY OPERATIONS CENTER AND TIM OCNASCHECK AS THE COORDINATOR AS HE'S DONE AN EXCELLENT JOB, BELIEVES THAT THE EMERGENCY MANAGEMENT DIVISION IS SECOND TO NONE, CITIZENS MAY NOT BE AWARE THAT SUCH WORKSHOPS ARE GOING ON BUT WE'RE ALWAYS PREPARING SHOULD A TRAGEDY OR NATURAL DISASTER STRIKE, EACH TIME WE HAVE TO DEAL WITH SOMETHING LIKE THIS WE LEARN FROM IT, THANKED THE FIRST RESPONDERS AND EVERYONE IN EMERGENCY MANAGEMENT Public Comments (Persons are limited to three minutes) Don Dorrell 1185 Reynolds Beaumont TX Congratulated Council on the beautification of the City, spoke regarding his concerns about speeding on Reynolds Road; there are only two remaining speed limit signs out of four, there have been several accidents and several people hit, asked for something to be done about the speeding drivers There being no other business to come before Council, the meeting was adjourned at 2:24 p.m. J 5 4 Minutes — July 28, 2015