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Home My WebLink AboutMIN MAR 28 2017• BEAUMONT T E X A S M 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, Ward II Audwin Samuel, Ward III March 28, 2017 Robin Mouton, Mayor Pro Tem 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 March 28, 2017, 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 the Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor "Big" Jim Salles of West End Baptist Church gave the invocation. Mayor Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tem Mouton, Councilmembers Guidroz, Getz, Pate and Samuel. Absent: Councilmember Wright. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Councilmember Wright was absent due to feeling ill. Proclamations, Presentations, Recognitions "YMBL South Texas State Fair Days" - March 30, 2017 through April 9, 2017 - Proclamation read by Councilmember Guidroz; accepted by Wayne Stokley, State Fair Chairman and other YMBL members "Neches River Festival Week" - March 28, 2017 through April 9, 2017 - Proclamation read by Mayor Ames; accepted by Chris Miller, Festival President; and Tonya Toups, Social Chairman "Gift of Life Youth Anti -Tobacco Day" - March 28, 2017 - Proclamation read by Councilmember Getz; accepted by Connie Berry with Gift of Life and students from various • high schools throughout the area The Mayor read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Minutes — March 28, 2017 • 1�1 • Presentation — Todd Simoneaux, Chief Financial Officer introduced Amanda Eaves with the Audit Firm BKD, LLP out of Houston, Texas that conducted the Audit for the City of Beaumont Public Comment: Persons may speak on the Consent Agenda. 00 CONSENT AGENDA * Approval of minutes — March 21, 2017 * Confirmation of committee appointments - None B) Approve a resolution accepting a Quitclaim Deed from the Texas Department of Transportation for a portion of US 90 - Resolution 17 - 058 C) Approve a resolution approving the necessary repairs of a Caterpiller Dozer used at the Landfill - Resolution 17 - 059 D) Authorize the City Manager to execute all documents necessary, specifically a Grant Contract between the Office of the Attorney General and the Beaumont Police Department - Resolution 17 - 060 E) Authorize the settlement of the subrogation claim of Albert and Faye Thibodeaux - Resolution 17 — 061 Councilmember Pate moved to approve the Consent Agenda excluding Item A. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED A) Approve a resolution opposing Senate Bill 2 — Resolution 17 — 057 Councilmember Getz moved to approve Item A on the Consent Agenda. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Minutes — March 28, 2017 GENERAL BUSINESS 1. Consider a request for a Specific Use Permit to allow a home-based childcare facility in an R-S(Residential-Single Family Dwelling) District located at 675 Alma Street. Carol Smith would like to operate a Licensed Child Care Home in her residence located at 675 Alma Street. A Licensed Child Care Home allows the caregiver to provide care for seven (7) to twelve (12) children under the age of fourteen (14). Childcare hours would be between 6:30 a.m. and 6:30 p.m. An existing six foot fence surrounds an outdoor play area in the rear yard of the property. In order to maintain the residential nature of the property, Ms. Smith has asked for a waiver to the landscape buffer and screening requirements for the east and south property lines. The applicant owns the adjacent, vacant, corner lot to the west. Customers would mostly be dropping off and picking up the children in the morning and evening. Two (2) parking spaces, providing a three (3) point turn around in the front yard, will be required. At a Joint Public Hearing held on March 20, 2017, the Planning Commission recommended 8:0 to approve a request for a Specific Use Permit to allow a home-based childcare facility in an R -S (Residential -Single Family Dwelling) District with the following conditions: 1. Two (2) paved parking spaces, one being for handicap access, meeting city requirements be installed on the property (to the left or right hand side of the driveway) and a waiver to the landscape buffer and screening requirements. 0 Approval of the ordinance with the following conditions: 1. Two (2) paved parking spaces, one being for handicap access, meeting city requirements be installed on the property (to the left or right hand side of the driveway) and a waiver to the landscape buffer and screening requirements. Mayor Pro Tem Mouton moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A HOME-BASED CHILDCARE FACILITY IN AN RS (RESIDENTIAL - SINGLE FAMILY DWELLING) DISTRICT WITH THE CONDITIONS AT 675 ALMA STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 17 - 019 2. Consider a request for a Specific Use Permit to allow an office/warehouse with outdoor storage in a GC-MD(General Commercial -Multiple Dwelling) District located at 1175 • Reynolds Road). Jill Broussard Schwertner is attempting to sell, or lease, the property located at 1175 Reynolds Road. Although contractors have previously been located here, the property is zoned GC -MD (General Commercial - Multiple Family Dwelling) which does not allow for Minutes — March 28, 2017 outside storage or a laydown yard without a Specific Use Permit. Multiple buyers/tenants have showed interest in the property, but they all require outside storage. Property located to the east is zoned LI (Light Industrial) and the requested uses would blend well with neighboring uses. A property to the south, also zoned GC -MD will serve as a buffer to the proposed uses. At a Joint Public Hearing held on March 20, 2017, the Planning Commission recommended 8:0 to approve a request for a Specific Use Permit to allow an office/warehouse with outdoor storage in a GC -MD (General Commercial -Multiple Family Dwelling) District with the following condition: 1. Six (6) parking spaces, meeting city requirements, must be delineated on the property. Approval of the ordinance with the following condition: 1. Six (6) parking spaces, meeting city requirements, must be delineated on the property. Councllmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN OFFICE/WAREHOUSE WITH OUTDOOR STORAGE IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT WITH THE CONDITIONS AT 1175 REYNOLDS ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Guidroz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, • GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 17 - 020 3. Consider a request for a Specific Use Permit to allow a frozen treat shop in an RCR (Residential Conservation Revitalization) District located at 4710 Highland Avenue. MyKeesha Sears would like to establish a frozen treat shop at 4710 Highland Avenue. Ms. Sears would like to sell frozen "cool cups," along with other snacks. The hours of operation will be from 11 a.m. to 7 p.m., seven (7) days per week. All seating for the establishment will be provided outdoors. All business will be conducted in the drive-through or at a walk- up window. If business allows, additional space has been included for future expansion for an office and additional storage. A waiver to the landscape buffer has been requested for the north and west property lines. An eight foot fence will be constructed along the west property line, but as there is an existing fence along the north property line, therefore, the applicant is requesting a waiver to the screening requirement along this side. At a Joint Public Hearing held on March 20, 2017, the Planning Commission recommended 8:0 to approve a request for a Specific Use Permit to allow a frozen treat shop in an RCR (Residential Conservation Revitalization Dwelling) District with the following waiver: 1. A waiver to the landscape buffer along the north and west property lines, as well as a waiver to the screening requirement to the north. Minutes - March 28. 2017 Approval of the ordinance with the following waiver: 1. A waiver to the landscape buffer along the north and west property lines, as well as a waiver to the screening requirement to the north. Councllm2mber GUIdroZ moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FROZEN TREAT SHOP IN AN RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT WITH THE CONDITIONS AT 4710 HIGHLAND AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tem Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 17 — 021 PUBLIC HEARING Receive comments from applicants requesting funds from the proposed 2017 Community Development Block Grant Program. 0 Mayor Ames left the meeting at 2:15 p.m., as she had to attend a meeting at work Public Hearing Open: 2:13 p.m. Alice Teeler 3380 Fannin Beaumont TX Spoke on behalf of Girl's Haven Dr. Margo Gage 3910 Linson Beaumont TX Spoke on behalf of Young American Overseas Ingrid Holmes 2390 Dowlen Rd. Beaumont TX Spoke on behalf of Gift of Life Elaine Shellenberger 4590 Concord Beaumont TX Spoke on behalf of Nutrition and Services for Seniors Carolyn Fernandez 2780 Eastex Freeway Beaumont TX Madison Hopson Spoke on behalf of Catholic Charities of South East Texas Minutes — March 28, 2017 0 • • Miria Morgon 610 Trinity St. Spoke on behalf of Habitat for Humanity Janet Walker 3550 Fannin St. Spoke on behalf of Family Services of South East Texas Paula O'Neal 11 Winchester Cove Spoke on behalf of Henry's Place/Some Other Place Mary Milligan 3740 Laurel Spoke on behalf of Hope Women's Resource Clinic Dan Maher 3845 S. MILK Parkway Spoke on behalf of South East Texas Food Bank Angeliqueca Avery 20 N. 111h St. Spoke on behalf of I.E.A/Inspire, Encourage, Achieve Brenda Garison Damon West 810 Hospital Dr. Suite 190 Spoke on behalf of Child Abuse and Forensic Services, Inc. Public Hearing Closed: 2:57 p.m. COMMENTS Public Comments (Persons are limited to three minutes) Dora Nisby 4520 Corley Beaumont TX Beaumont TX Beaumont TX Beaumont TX Beaumont TX Beaumont TX Beaumont TX Beaumont TX Stated that she is the President of the Library Commission and wanted to thank Council for the renovations that have taken place at the downtown library, stated that on today there will be a ribbon cutting to celebrate the re -grand opening of the library Linda Esch 5870 Cole Rd. #3 Beaumont TX Stated that she is a member of Friends of the Library Club and also wanted to thank Council for the renovations at the downtown library and commented on the ribbon cutting and re -grand opening of the library William Johnson 1045 Madison Beaumont TX Spoke to Council regarding a DUI that he received and was arrested for driving with an open container in his automobile, he stayed in jail until he was able to bond out, stated that Minutes — March 28, 2017 • :7 he thought he served whatever amount of days in jail that would take care of his ticket, since that time he has received a letter in the mail from the Jefferson County Sheriff's Department stating that there is a warrant out for his arrest and that he needs to appear in court, stated that he is confused as to how he is receiving this letter when he thought that the matter was over Sylvia Johnson 5195 Dawn Dr. Beaumont TX Complained to Council regarding a home she had built through South East Texas Regional Planning Commission, stated that she has been in the house for two years and she is already having issues with cracked walls, base boards separating from the wall and there are spiders that are coming into the home and she's afraid for her and her daughter that they may wake up with spider bites, stated that has contact the Regional Planning Commission, who stated that her house was under a one year contractor warranty and that there is nothing that they can do for her at this time, Ms. Johnson, stated that she does not have the funds to make any repairs to her home and doesn't know what to do Jason Marshburn 1070 Monterrey Beaumont TX Commented on the roads and would like to see on the web site more updates and what's planned for the roads, when looking at the web site it has been updated but would like to see what streets have been identified as bad, what the future plans are, the map of those streets and a different map to show future plans, also commented on the best way to spend money on the streets where the budget is concerned, keep up with the streets that are in good condition and for the streets that are in poor condition get them taken care, knows that this can't be done in two to three years but would like to see the street rehabilitation happen, also commented on Cesar Chavez day which is Friday, March 31, 2017, requested that the City do something to recognize Cesar Chavez, maybe renaming a street after him, like a portion of College Street from 110 to City Hall Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER GUIDROZ - ENCOURAGED EVERYONE TO GO AND ENJOY THE SOUTH EAST TEXAS STATE FAIR, THANKED EVERYONE FOR ATTENDING THE MEETING COUNCILMEMBER GETZ - NONE COUNCILMEMBER ARIGHT - ABSENT COUNCILMEMBER PATE - COMMENTED ON THE SOUTH EAST TEXAS STATE FAIR, ENCOURAGED EVERYONE TO ENJOY ALL THE RIDES, FOOD ETC., STATED THAT THE YMBL GIVES BACK TO THE COMMUNITY SO THE CITY BENEFITS, ANNOUNCED A FUND RAISER BY THE ART MUSEUM CALLED "GO FOR THE GOLD", TICKETS ARE A $100.00 FOR TWO PEOPLE, THERE WILL BE A DRAWING AND THE WINNER GETS $10,000.00, IT'S ANOTHER GREAT DAY IN BEAUMONT Minutes — March 28, 2017 COUNCILMEMBER SAMUEL - NONE • MAYOR PRO TEM MOUTON - STATED THAT THIS PAST SUNDAY, "NOT IN MY CITY" REALLY EXPLODED, STATED THAT 48 PASTORS AND CHURCHES PARTICIPATED IN THE SWAPPING OF CHURCHES THROUGHOUT THE CITY, STATED THAT PASTOR EDISON COLBERT WITH PARADISE BAPTIST CHURCH WHICH IS HER CHURCH PARTICIPATED, PARADISE CHURCH SWITCHED WITH PASTOR RICK WHITE AND CHRISTIAN FELLOWSHIP CHURCH, STATED THAT THEY HAD A WONDERFUL TIME, THIS WAS DONE TO PROMOTE UNITY AND BRIDGE THE GAP BETWEEN THE COMMUNITIES IN BEAUMONT, ALSO THANKED ALL OF THE CDBG APPLICANTS FOR COMING OUT AND PRESENTING THEIR PUBLIC SERVICES ON TODAY, AS THE MAYOR ALWAYS SAYS IT'S ANOTHER GREAT DAY IN BEAUMONT, ENCOURAGED EVERYONE TO ATTEND THE RIBBON CUTTING LATER FOR THE RE -GRAND OPENING OF THE DOWNTOWN PUBLIC LIBRARY CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - NONE Open session of meeting recessed at 3:18 p.m. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Fire Station No. 1 Project There being no action taken in Executive Session, Council adjourned. * The City Council will tour the Downtown Public Library, 801 Pearl Street. A4io available upon request in the City Clerk's Office. r • Tina Broussard, City Clerk low vkop� W/ 11 A ` I `'�-...XIT4 S CSS 1 Minutes — March 28, 2017