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MIN FEB 05 2019BEAUMONT T E X A S M I N U T E S- CITY OF BEAUMONT W.L. Pate, Jr., At -Large BECKY AMES, MAYOR William R. Sam, Sr., At -Large Virginia H. Jordan, Ward II CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel, Ward III FEBRUARY 5, 2019 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 in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on February 5, 2019, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: �41 - ► ► r Invocation Pledge of Allegiance Roll Call Presentation and Recognition Public Comment: Persons may speak on scheduled agenda item No. 4/Consent Agenda- Consent gendaConsent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Father Anthony P. Clark of St. Mark's Episcopal 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 Jordan, Getz, Sam, Pate and Samuel (arrived at 1:42 p.m.). Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions Public Comment: Persons may speak on scheduled agenda item No. 4/Consent Agenda None CONSENT AGENDA Approval of minutes — January 29, 2019 Confirmation of committee appointments — None A) ' Authorize the City Manager to apply for and, if awarded, accept funding through the 2019 Animal Friendly Grant — Resolution 19-030 B) Amend a resolution to correct the name of the vendor previously approved — Resolution 19-031 Minutes — February 5, 2019 Councilmember Jordan moved to approve the Consent Agenda. Mayor Pro Tem Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM AND PATE NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a request for a Specific Use Permit to allow a Recreational Vehicle (RV) Resort in an LI (Light Industrial) District located at 6185 Fannett Road. B.K. Broussard has requested a Specific Use Permit to construct a Recreational Vehicle Resort at 6185 Fannett Road. The proposed RV (Recreational Vehicle) Resort will provide 73 pads, along with 8 ADA compliant unisex showers, a playground and dog yard. An office/club house will provide laundry facilities and a game room. At a Joint Public Hearing held on January 28, 2019, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a Recreational Vehicle Resort in an LI (Light Industrial) District located at 6185 Fannett Road with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including the requirement of the City's pre-treatment program. 2. Driveway must be approved by TXDOT. Approval of the ordinance with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including the requirement of the City's pre-treatment program. 2. Driveway must be approved by TXDOT. Mayor Pro Tem Mouton moved to .ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RECREATIONAL VEHICLE RESORT IN AN LI (LIGHT INDUSTRIAL) DISTRICT AT 6185 FANNETT ROAD, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM AND PATE NAYS: NONE MOTION PASSED Ordinance 19-006 Minutes — February 5, 2019 2. Consider a request for a Specific Use Permit to allow a Brewpub in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 2140 Calder Avenue. Christopher Scott Reeves is requesting a Specific Use Permit to allow a Brewpub at 2140 Calder Avenue. The proposed brewery will be open 1 p.m. until 10 p.m., Monday through Saturday and on Sundays from 12 p.m. until 6 p.m. Plans to provide seating inside for approximately 40-50 customers with additional seating available in an outdoor patio area. Craft beer will be produced onsite at a rate of approximately 250 barrels per calendar year. All necessary utilities are available. At a Joint Public Hearing held on January 28, 2019, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a Brewpub in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 2140 CalderAvenue with the following condition: 1. Construction plans must meet requirements by Water Utilities for water and sanitary sewer services, including the requirement of the City's pre-treatment program. Approval of the ordinance with the following condition: 1. Construction plans must meet requirements by Water Utilities for water and sanitary sewer services, including the requirement of the City's pre-treatment program. Councilmember Jordan moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BREWPUB IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT 2140 CALDER AVENUE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Sam seconded the motion. AYES: MAYORAMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM AND PATE NAYS: NONE MOTION PASSED Ordinance 19-007 3. Consider a request for a Specific Use Permit to allow an alcohol and drug rehabilitation facility in an RM -H (Residential Multiple Family Dwelling -Highest Density) District located at 950 Washington Boulevard. Shalom Health Care Center has requested a Specific Use Permit to allow an alcohol and drug rehabilitation facility at 950 Washington Boulevard. More than half of the property is zoned GC - MD (General Commercial -Multiple Family Dwelling). However, the portion of the property where the alcohol and drug rehabilitation facility will be located is zoned RM -H (Residential Multiple Family Dwelling -Highest Density). The applicants state that the facility will begin by only treating adult female patients, but that adult males would not be denied. Patients will remain at the facility for 15-20 days. The facility will have 8 beds available for detoxification and 16 beds available for residential post -detoxification treatment. In addition, the facility will offer outpatient programs for alcohol and drug abuse. Minutes —February 5, 2019 Security will be provided by an eight -foot fence around the entire facility along with 24 hour on site security guards. Security cameras will also be used. Patients will not be allowed outside of the building during treatment. At a Joint Public Hearing held on January 28, 2019, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow an alcohol and drug rehabilitation facility in an RM -H (Residential Multiple Family Dwelling -Highest Density) District with the following condition: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including the requirement of the City's pre-treatment program. Approval -of the ordinance with the following condition: 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including the requirement of the City's pre-treatment program. Mayor Pro Tem Mouton moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN ALCOHOL AND DRUG REHABILITATION FACILITY IN AN RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT AT 950 WASHINGTON BOULEVARD, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Sam seconded the motion. AYES: MAYORAMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM AND PATE NAYS: NONE MOTION PASSED Ordinance 19-008 Councilmember Samuel arrived at 1:43 p.m. 4. Consider a resolution approving the purchase of a new pothole machine for use in the Streets and Drainage Division. On November 27, 2018, a work session was held at the Beaumont Municipal Airport. As discussed during the session, Streets and Drainage is requesting a new paver, to aid in pothole repair. The paver will be purchased from Mustang Cat, of Beaumont, Texas in the amount of $139,500.00. Pricing was obtained through the BuyBoard purchasing cooperative, which provides cities and political subdivisions the means to purchase specialized equipment at volume pricing. Buyboard complies with State of Texas' procurement statutes. A warranty of twelve (12) months is included, as well as training/commissioning on the first actual useage of the equipment. Minutes — February 5, 2019 Funds will come from the Capital Reserve Fund. Approval of the resolution. Mayor Pro Tem Mouton moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF ONE (1) POTHOLE MACHINE FOR USE BY THE STREETS AND DRAINAGE DIVISION FROM MUSTANG CAT, OF BEAUMONT, TEXAS, IN THE AMOUNT OF $139,500.00 THROUGH THE BUYBOARD COOPERATIVE PURCHASING PROGRAM. Councilmember Jordan seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 19-032 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. WORKSESSION Review and discuss a request from Herman & Kittle Properties, Inc. for the support of Laurel Vista, a proposed seventy-seven (77) unit housing development, located at the northwest corner of Veterans Circle Chris Boone; Planning and Community Development Director reviewed and discussed a request from Herman and Kittle Properties, Inc., for the support of Laurel Vista, a proposed seventy-seven (77) unit housing development located at the northwest corner of Veterans Circle. Herman and Kittle Properties, Inc., has applied to the Texas Department of Housing and Community Affairs (TDHCA) for funding to develop Laurel Vista, a proposed seventy-seven (77) community housing development, located at the northwest corner of Veterans Circle. Also, Herman and Kittle has requested that the City approve a resolution supporting the project, acknowledging that Beaumont has more than twice the state average of housing units supported by Tax Credits and that Beaumont will participate financially in the project. This participation can be as little as a $500.00 fee waiver from the City. COMMENTS Public Comments (Persons are limited to three minutes) David Pete 6355 Chinn Ln. Beaumont TX Spoke to Council regarding the L.L. Melton YMCA, stated that he looked at the lease agreement that was formulated by Council, the agreement shows that Dr. Farrell was given a twenty-year lease with provisions, the provisions were that the facility would remain open to the public and that improvements would be made by her, hasn't seen any documentation to show where any improvements have been made or that anything has been done that Dr. Farrell has agreed to, commented on several things that is a part of the contract, Dr. Farrell should have never been given a twenty-year lease, it wasn't done in a right way, also stated that the contract Minutes — February 5, 2019 that was done in 2015 with Jehovah Jireh was only for a year, when the lease was done with Dr. Farrell the lease with Jehovah Jireh wasn't up wanted to know how does that happen, now Dr. Farrell is utilizing the facility with a twenty year lease, the lease should be null and voided at this point because she hasn't performed the things that she said she would Cathy Shelander 704 Yount St. Beaumont TX Introduced her daughter Anna Bell who is one of the consumers of the Recreational Educational Complex, stated that she supports 'Dr. Donna Ferrell in the Recreational Educational Complex a.k.a. the "Rec", the Rec is open to the general public, special needs, adults and children, knows first-hand of the wonderful work that Dr. Farrell does to benefit the special needs consumers, Dr. Farrell keeps the facility spotless and has spent a great deal of her own money in the facility, due to the special needs of these consumers it's not practical or feasible to open up the facility to other general public patrons, particularly children and adolescents, you can't have normal children bouncing off the walls around some of the fragile consumers, this is a physical safety issue, you can't have normal children or adolescents there who might make fun of or tease the consumers, this is an emotional safety issue, the Rec offers wheelchair tennis, basketball, bowling and many other things, there are very few facilities that offer full days and year round in this area, the Rec provides a social, educational, emotional and physical environment, it would be horrible if Dr. Farrell couldn't continue the work that she has started, this is her dream Marshall Scott 1490 Edwin Beaumont TX Spoke to Council regarding the L. L. Melton YMCA, wanted to know why Pastor Adolph would meet with several of the City Councilmembers the day before the Council meeting and why didn't he show up at the meeting with the citizens, he's the one that told them to come, stated that he's watching Dr. Adolph because he's doing a lot of back dooring, Council met with Pastor Adolph, they should have met with the citizens, made comments to Councilmembers Getz, Sam and Pate Edward Petty 1205 Gladys St. Beaumont TX Made comments regarding streets, stated that whoever was responsible for getting Magnolia fixed did a wonderful job, commented on Gladys and how bad the street is and is looking for a permanent fix, wanted to know when the portion of Magnolia to MLK will be on the docket to be permanently fixed Troy Gray 5550 Jimmy Simmons Blvd. Beaumont TX Thanked Councilmember Sam and Mayor Pro Tem Mouton for coming by and visiting the Spindletop Gladys City Museum to see the new exhibit on the African American Oil Workers, very honored to host them, encouraged everyone to come by and visit the exhibit, it's a group of African Americans who worked on the oil field, stated that there have been changes and improvements to the museum and the museum has had some really great reviews Rodney Balsamo 2425 15th St. Port Neches TX Spoke regarding the Recreational Educational Complex, encouraged everyone on Council to visit the facility, stated that his daughter is a special needs child and attends the facility, there are no facilities like this in the area and it's a very unique place, for some special needs children Minutes — February 5, 2019 this is the only place that they can go, this is the only place that makes them feel normal, what message is the City sending out to anybody else in the area that might be interested in leasing a City facility, as a parent of a special needs child they didn't ask for it, this was the hand they were dealt Herman Davis 3055 Robinhood Ln. Beaumont TX Stated that he's excited to see the energy of the citizens and their concerns, asked that citizens stay engaged, stated that Beaumont has so much potential, it's the reason he's in attendance, he loves the City and wants to see it grow, one of the challenges as a City government is communication, one of the main things is misinformation, citizens aren't aware of what's going on, recommended that the City have an active Facebook page, stated that he loves the City web site, but most citizens won't go to the web site they usually get their information from social media, suggested that the City try to find more ways to engage upon their Facebook page, the meeting can be live streamed on Facebook, stated that the City's twitter feed is great but the Facebook page could be better Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS MAYOR PRO TEM MOUTON - THANKED MR. GRAY FOR ATTENDING THE MEETING TODAY, HAD A WONDERFUL TIME VISITING THE SPINDLETOP GALDYS MUSEUM EXHIBIT TO SEE THE AFRICAN AMERICAN OIL WORKERS, THE EXHIBIT WILL THERE UNTIL .LUNE TEENTH, ENCOURAGED EVERYONE TO GO BY AND VISIT, ANNOUNCED THE MILK PARADE WILL BE ON SATURDAY, FEBRUARY 9, 2019, THE PARADE WAS RESCHEDULED DUE TO WEATHER COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER PATE - THANKED EVERYONE FOR COMING TO THE MEETING AND ALL OF THEIR INPUT, STATED THAT IT WAS BLACK HISTORY MONTH, ENCOURAGED EVERYBODY TO SPEND A LITTLE TIME LEARNING AND LOOKING BACK TO SEE SOME OF THE GREAT INDIVIDUALS THAT MADE AN IMPACT ON THE UNITED STATES OF AMERICA, WHETHER IT WAS FREDRICK DOUGLAS OR BOOKER T. WASHINGTON, BOTH GREW UP AS SLAVES AND ROSE TO THE HIGHEST AS ONE CAN GET, BOOKER T. WASHINGTON WAS ACTUALLY AN ADVISOR TO MANY PRESIDENTS, HE DIED IN 1915, HE WORKED AS A JANITOR TO PAY FOR HIS TUITION, IT'S IMPORTANT TO KNOW HOW THINGS WERE AND HOW THEY ARE ADDRESSED TODAY, ASKED THAT EVERYONE TAKE A LITTLE TIME TO SEE SOME GREAT AMERICANS THAT HAD AN IMPACT ON THE COUNTRY COUNCILMEMBER SAM - THANKED MR. GRAY FOR BEING AT THE MEETING TODAY, APPRECIATES ALL THAT THE MUSEUM DID TO PUT THE EXHIBIT TOGETHER, MENTIONED WAYS THAT CITIZENS CAN CONTRIBUTE TO THE COMMUNITY, COMMENTED ON THE STREETS, STATED THAT Minutes — February 5, 2019 COUNCIL WILL DO WHAT THEY NEED TO DO TO MAKE THE STREETS BETTER AND THEY ARE WORKING HARD TO MAKE IT HAPPEN, APPRECIATED THE COMMENTS BY MR. BALSAMO, MENTIONED THE BRICKYARD NEIGHBORHOOD ASSOCIATION MEETING HE ATTENDED, STATED THAT THERE ARE A LOT OF THINGS THAT TAKE PLACE AND A LOT OF THINGS THAT HAPPEN THAT CITIZENS AREN'T AWARE OF WHERE COUNCIL IS CONCERNED COUNCILMEMBER GETZ - ANNOUNCED THE GIFT OF LIFE SURVIVOR CELEBRATION TAKING PLACE ON TONIGHT AT THE JEFFERSON THEATRE STARTING AT 6:00 P.M., THERE WILL BE AN EVENT HOSTED BY THE CVB AT FORD PARK ON TONIGHT FROM 5:30 TO 7:30 P.M., ALSO THE MOVIE GOD FATHER PART II WILL BE PLAYING AT THE JEFFERSON THEATRE ON FRIDAY, FEBRUARY 8, 2019, THE COST WILL BE $5.00 COUNCILMEMBER JORDAN - ANNOUNCED THE MAGNOLIA GARDEN CLUB HOME TOWN HABITAT, THE STORIES OF BRINGING NATURE HOME, THERE WILL BE A FREE MOVIE SCREENING ON FEBRUARY 20, 2019, AT JEFFERSON THEATRE, THIS IS ONE OF THE INSTALLMENTS OF OUR NEW STATUS AS A BEE CITY, ALSO MADE COMMENTS REGARDING HER TRIP TO MEXICO, THERE WAS A PART OF A PARK THAT WAS CLEARED OUT WITH A SIGN THAT ENCOURAGES POLLINATORS ETC., STATED THAT SHE IS ALL FOR THE CITY TRYING SUCH A THING, COMMENTED ON THE L.L. MELTON FACILITY, STATED THAT SHE HAS VISITED THE FACILITY AND WHAT A GREAT JOB DR. FARRELL HAS DONE, COMMENTED ON THE AMOUNT OF MUSEUMS THAT THE CITY HAS AND CITIZENS AS WELL AS VISITORS NEED TO BE ENCOURAGED MORE TO VISITS THEM, ALSO MADE MENTION OF " BLACK HISTORY MONTH AND THE HISTORY OF LIT PRESIDENT LONNIE HOWARD AND HOW HE GOT TO WHERE HE IS TODAY CITY ATTORNEY COOPER - STATED THAT DURING THE PUBLIC COMMENTS, THERE WAS MISINFORMATION GIVEN, WANTED TO CLARIFY, THE LEASE THAT HE HAS IN FRONT OF HIM REGARDING THE SARAH STREET PROPERTY DATED AUGUST 1, 2013, INDICATES THAT THE LESSEE HAS INSPECTED THE PROPERTY AND ACCEPTS IT IN ITS PRESENT CONDITION, THE AGREEMENT GOES ON TO SAY THAT THE CITY AGREES TO ALLOW THE LESSEE TO MAKE ADDITIONS TO THE BUILDING, THERE IS NOTHING IN THE LEASE THAT MANDATES THAT DR. FARRELL DOES, WANTED TO CLARIFY THAT, IT WAS STATED EARLIER THAT DR. FARRELL WAS MANDATED TO MAKE CERTAIN IMPROVEMENTS, THE AGREEMENT DOES MANDATE THAT SHE KEEPS THE BUILDING CLEAN AND MAKE ROUTINE MAINTENANCE AND GROUNDS UPKEEP AND PAY ALL UTILITIES CITY MANAGER HAYES - MADE COMMENTS REGARDING THE L.L. MELTON, STATED THAT HE KNOWS MRS. SHELANDER AND MR. BALSAMO, CITY COUNCIL AT THIS POINT AND TIME DOES NOT WANT TO DISRUPT DR. FARRELL'S OPERATION BETWEEN THE HOURS OF 8:00 A.M. AND Minutes — February 5, 2019 5:00 P.M., HASN'T HEARD ONE COUNCILMEMBER THAT HAS PROPOSED THAT MAYOR AMES - ANNOUNCED A FLAG RAISING CEREMONY ON SATURDAY, FEBRUARY 9, 2019, AT 8:00 A.M., AT MLK PARK, THE MLK PARADE WILL FOLLOW AT 10:00 A.M. ON MLK PARKWAY, THANKED MR. DAVIS FOR HIS COMMENTS, MENTIONED A FEW THINGS THAT WILL BE CELEBRATED OVER THE NEXT COUPLE OF MONTHS, THE FIRST WILL BE THE LAKESIDE CENTER WITH THE BEST YEARS CENTER DOWN STAIRS, DOESN'T HAVE THE EXACT DATE AS OF YET, ,THE NEW FIRE STATION #1 AT THE BABE ZAHARIAS PARK AREA WILL BE OPENING VERY SOON AS WELL, THE CITY IS STILL CELEBRATING ITS 180TH BIRTHDAY, THERE WILL BE SOMETHING EVERY MONTH THIS YEAR, IN REGARDS TO INFRASTRUCTURE THE NORTHWEST PARKWAY WAS OPENED WITHIN THE LAST FEW WEEKS WHICH CONNECTS PARKDALE MALL ALL THE WAY TO MAJOR DR. Open session of meeting recessed at 2:31 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Edna Hornsby * Consider matters related to the deliberation of the purchase, exchange, lease or value fo real property in accordance with Section 551.072 of the Government Code, to wit: Specifically city -owned property at 3455 Sarah Street g no plption ta�eyn inExecutive Session, Council adjourned. I Tina Broussard, City Clerk 0 Minutes — February 5, 2019