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MIN FEB 19 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 I CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel, Ward III FEBRUARY 19, 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 19, 2019, 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 Presentation and Recognition Public Comment: Persons may speak on scheduled agenda item No. 1/Consent Agenda * Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Kennedy Andrews with Harvest for Lost Souls Outreach Ministry 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. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions None Public Comment: Persons may speak on scheduled agenda item No. 1/Consent Agenda None CONSENT AGENDA Approval of minutes — February 5, 2019 Confirmation of board and commission member appointments — None A) Approve a resolution acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits or private activity bonds and authorizes the developer to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for a proposed Housing Tax Credit (HTC) project known as Laurel Vista, Minutes—February 19, 2019 located at the northwest corner of Veterans Circle and offering expressed support for the project and a Commitment of Development Funding by the City — Tabled B) Authorize the City Manager to renew the annual service agreement for potable water with Lucite International, Inc. — Resolution 1.9-033 C) Authorize the City Manager to apply for Summer Reading Club grants from HEB, The Foundation for Southeast Texas, and Entergy — Resolution 19-034 D) Authorize the City Manager to execute all documents necessary for an Affiliation Agreement with Lamar University — Resolution 19-035 E) Approve a resolution accepting maintenance of a new water line on Phelps Boulevard from IH -10 to Rexora Drive — Resolution 19-036 F) Authorize the settlement of the claim of Edna Hornsby — Resolution 19-037 Councilmember Samuel moved to approve the Consent Agenda excluding Item A. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a request to extend the deadline to commence construction of a retail shopping center with restaurants on the GC -MD -2 portion of the property located at 3100 N Major Drive, as allowed by a Specific Use Permit approved in February of 2017. Zulag Properties, L.L.C. is requsting an extension for the Specific Use Permit issued in February of 2017, to allow the construction of a retail shopping center, at 3100 N Major Drive. The City of Beaumont Zoning Ordinance states, "Unless construction ... (is) commenced and substantially underway within a two-year period, the specific use permit shall become null and void. Extensions of time for good cause may be approved by the city council." The proposed shopping center would consist of a 35,750 sq. ft. building and 216 parking spaces. The proposed tenants would include retail shopping, offices, and restaurants. The applicant is requesting additional time due to delays caused by Hurricane Harvey. The Administration recommends a new deadline of February, 2020. In February of 2017, City Council approved ordinance number 17-014 to allow a Specific Use Permit for a retail shopping center with restaurants, with the following conditions: 1. Driveways are subject to approval from TxDOT. 2. A sidewalk must be provided along Major Drive. Minutes —February 19, 2019 3. A buffer, and 8 ft wood or masonry privacy fence, must be provided along the east side of the shopping center, where the project will abut a newly rezoned residential zoning district. 4. Must provide drainage plans along with hydraulic analysis and receive approval of the plan from City Engineering, Drainage District # 6, and TxDOT. Approval of an extension to the Specific Use Permit. Councilmember Getz MOVED TO ADOPT AN ORDINANCE ENTITLED AN ORDINANCE THAT THE SPECIFIC USE PERMIT TO ALLOW A RETAIL SHOPPING CENTER WITH RESTAURANTS IN A GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT AT PROPERTY LOCATED AT 3100 N. MAJOR DRIVE BY EXTENDING SAID SPECIFIC USE PERMIT TO A NEW DEADLINE OF FEBRUARY, 2020 IS HEREBY GRANTED TO ZULAG PROPERTIES, L.L.C. THE SPECIFIC USE PERMIT IS SUBJECT TO THE CONDITIONS AND SITE PLAN ADOPTED BY ORDINANCE NO. 17-014. Councilmember Jordan seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 19-009 WORK SESSION COMMENTS Review and discuss a proposed update to the Pavement Management Study Dr. Joe Majdalani, Public Works Director reviewed and discussed a proposed update to the Pavement Management Study. Dr. Majdalani discussed the concept of pavement management, the City objectives, policies and budgets, the priorities, analysis techniques and reporting as well as the understanding of the conditions of the pavements. There was discussion of tools to rate the streets, conditions to focus on which is the fatigue/alligator cracking and wheel path rutting, distortions, weathering, flushing and patching potholes. There was discussion of streets that have extensive broken or cracked slaps and uneven surfaces, as well as significant panel replacement or reconstruction. The condition survey and budget analysis should be updated every 4 to 5 years. Arterials have the highest priority, followed by collectors then residential streets. Public Comment (Persons are limited to 3 minutes) Stephen Hoffman 7045 Blarney St. Beaumont TX Spoke to Council regarding the issue of sewage, for everyone that thinks that the sewage/sewer problem is just in the North and South parts of the City is wrong, there are problems in Dowlen/West in the older part, there's backups in bathrooms when we get a heavy rain, it's his understanding that the agreement with TCEQ is going to be ending soon, everyone has TCEQ's number and was told to just call them, citizen will eventually think that the City Council isn't listening to them, they have been told when in doubt call TCEQ, also Minutes —February 19, 2019 stated that he thinks that the sewage problem is going to be a big issue, there needs to be future direction regarding this matter, asked that another machine to patch the streets be purchased Dolores Davis 2275 Evalon St. Beaumont TX Made comments regarding the homeless population that lives under the overpass on MLK and IH 10, presented pictures to Council, stated that she wasn't speaking to make a complaint regarding where the homeless are staying, stated that she's speaking about them because they need help and a place to stay, asked what the City could do to help, they have asked her to speak on their behalf, stated that they can't get an ID if they don't have an address, you can't get an address if you don't have money, some of them are sick and they aren't seeing a doctor, asked that the City help it's most vulnerable citizens Linda Simon 4335 Shalom St. Beaumont TX Spoke on behalf of her grandson who plays football, in 2017 he played in the Westend, they had to give false addresses so that the kids could play on a team, right now there is no home field for them to play on, the Port Arthur Independent School District allowed them to have a field over there, what is being asked today is if the kids could play on the L.L. Melton grounds, the kids need a home field to play their games, commented on the contract that Dr. Donna Farrell has with the City, in that contract she stated that the facility would be open in the afternoon for the kids in the community, would like Council to take that into consideration George Kemp Jr. 4850 Ada Ave. Beaumont TX Thanked Council for addressing the safety concerns at the intersection of Concord and Dowlen, the City shrunk the stop signs at the intersection and it's working fairly well, commented about the street lights that were put up at the corner of 105 and Old Concord the first Monday in February, stated that he had one councilmember to come out and see what his concerns were, thanked the Traffic Department as well as the Beaumont Police Department, the Police have been monitoring that area and are there on Tuesdays and Wednesdays giving citations to speeders, thanked the Public Works Director, Council and the City Manager, requested a sit down with the Councilmember of his Ward and the two At - Large Councilmembers Donald F. Porter 5020 Avie Ln. Beaumont TX Spoke to Council regarding the legal system and his constitutional rights, gave Council copies of paperwork regarding issues that he's been dealing with, stated that he will be back until he gets some results Dayna Rothenberger . 3890 E. Lynwood Dr. Beaumont TX Commented on Executive Session, Council will be discussing the Recreation Education Complex, stated that Dr. Farrell has a contract and hopes there won't be discussion to renegotiate the contract because she couldn't think of a better way to discourage people from wanting to doing business with the City, stated that she has been having the best time out at the lake sitting on the hill under the light reading her book, she also has enjoyed seeing so many citizens out walking around the lake and enjoying the skate park, encourage more citizens to get out of their comfort zone and enjoy the vibe of the City Minutes —February 19, 2019 Marshall Scott 1490 Edwin Beaumont TX Made comments regarding the new machine that will be purchased to patch streets, itwill be difficult to patch streets that have more than one pot hole, the entire street needs to be done instead of patching, stated that his street isn't wide enough for two cars to ride on, asked that the streets be widened and fixed not patched, stated that Council isn't doing the right thing with tax payer dollars Teresa Bowyer 2717 S. Lamar Blvd. Austin TX Provided information regarding the demand for more senior living units, stated that there is a third party market analysis that has already been done on the demand tables, for one bedroom 30% units, there's a demand of 708 units, for one bedroom 50% units, there's a demand of 1,357 units, for one bedroom 60% units, there's a demand of 610 units, for two bedrooms 30% units, there's a demand of 381 units, two bedroom at 50%, there's a demand of 750 units, two bedrooms at 60%, there's a demand of 387 units, stated that Council can tell from a property that's less than 80 units that there's sufficient demand Mayor Ames -read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Councilmembers/City Manager comment on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER JORDAN - STATED THAT SHE WAS PLEASED TO BEA GUEST AT THE WILLIE RAY SMITH BANQUET, LOCAL FOOTBALL TALENT WAS HONORED, HEARD SOME FABULOUS SPEECHES FROM THE KIDS, ALSO SPENT THE AFTERNOON VISITING WITH THE SPINDLETOP ROTARY WHERE SHE SPOKE ABOUT THE TRAFFIC CONTROL BOX PAINT PROJECT COUNCILMEMBER GETZ - ANNOUNCED THE DOWLEN/WEST NEIGHBORHOOD ASSOCIATION MEETING ON TUESDAY, FEBRUARY 19, 2019,, STARTING AT 6:30 P.M., AT THE ROGERS PARK COMMUNITY. CENTER, ANYONE THAT WOULD LIKE TO ATTEND CAN, STATED THAT ON LAST WEEK THE CITY OF BEAUMONT PARTICIPATED IN A REAL ESTATE AUCTION FOR THE PURCHASE OF THE AT&T BUILDING, HE DID OBJECT TO THIS BUT NEVERTHELESS THE PROCESS DID GO FORWARD, THE CITY WASN'T SUCCESSFUL IN BIDDING ON THE BUILDING, GLAD TO SEE THAT, STATED THAT HE'S HOPEFUL THAT THE MONEY THE CITY WAS GOING TO SPEND TO PURCHASE AND DEMOLISH THAT BUILDING CAN BE REAPPORTIONED AND USED IN ANOTHER MANNER, SUGGESTED THAT IT BE PUT TOWARDS SEWER REHABILITATION, STATED THAT HE HAS RECEIVED SO MANY CONCERNS AND COMPLAINTS, THINKS THAT EVERYONE CAN AGREE THAT SEWER REHABILITATION IS VERY IMPORTANT AND ENCOURAGED THAT THIS BE BROUGHT BEFORE COUNCIL FORA VOTE IN THE VERY NEAR FUTURE Minutes —February 19, 2019 COUNCILMEMBER SAM - STATED THAT HE HAD A NICE TIME AT THE GOLDEN TRIANGLE DAYS IN AUSTIN, TX ON LAST WEEK, THE THOUGHTS AND FACTS ABOUT THE GROWTH IN THE TRIANGLE IS ONE OF THE THINGS THAT IS REALLY IMPORTANT AS WELL AS THE FUTURE OF THIS CITY, DISCUSSED MANPOWER, HAVING A TRAINED WORKFORCE THAT CITIZENS NEED TO BE TRAINED FOR, THINKS EVERYONE CAN COME TOGETHER TO MAKE THIS A BETTER CITY AND TRIANGLE COUNCILMEMBER PATE - COMMENTED ON LAMAR UNIVERSITY BASEBALL AS WELL AS THE MEN AND WOMEN'S BASKETBALL, ALSO COMMENTED ON GOLDEN TRIANGLE DAYS, MADE MENTION OF BLACK HISTORY MONTH AND THE LOSS OF FRANK ROBINSON WHO WAS BORN IN BEAUMONT, TEXAS, HE WAS THE ONLY PLAYER THAT EVER WON THE MOST VALUABLE PLAYER IN THE NATIONAL AND AMERICAN LEAGUE, HE WAS ALSO THE FIRST BLACK MANAGER IN SOUTHEAST TEXAS, ALSO COMMENTED ON JESSIE OWENS, ENCOURAGED EVERYONE TO STUDY BLACK HISTORY AND .LEARN ALL THEY CAN ABOUT THE CULTURE IN GENERAL COUNCILMEMBER SAMUEL - NONE MAYOR PRO TEM MOUTON - STATED THAT THE GREATER SOUTH PARK NEIGHBORHOOD ASSOCIATION MET AT PASTOR KENNEDY ANDREWS CHURCH, HARVEST FOR LOST SOULS, THERE WAS DISCUSSIONS REGARDING THINGS THAT NEED TO BE ADDRESSED IN WARD IV, LIKE SPEEDING THROUGH SPEED ZONES ON HIGHLAND, TRASH THAT IS OVER WHELMING IN PARTS OF SOUTH PARK, THERE WAS ALSO SOME ISSUES REGARDING PARKS THAT SHE WILL BE DISCUSSING WITH STAFF, STATED THAT THERE WAS A GREAT TURNOUT FOR THE MLK PARADE, AS WELL AS THE FLAG RAISING THAT TOOK PLACE BEFORE THE PARADE, GAVE CONDOLENCES TO THE FAMILIES OF JESSIE-FILLYAW, ELOISE OZEN AND OLIVIA SIMMONS .ZONES, STATED THAT DOMESTIC VIOLENCE IS REAL, IF ANYONE NEEDS HELP PLEASE GET HELP BECAUSE IT'S REAL MAYOR AMES - MADE COMMENTS REGARDING THE AT&T BUILDING, THINKS THAT IT'S GREAT THAT THE BUILDING HAS BEEN PURCHASED AND WILL BE BACK ON THE TAX ROLL AND NOT SITTING EMPTY, IT'S HER HOPES THAT WHOEVER PURCHASED THE BUILDING WILL DO SOMETHING WITH IT, STATED THAT SHE WOULD NEVER TRY AND COMPETE WITH THE PRIVATE SECTOR, COMMENTED ON THE WILLIE RAY SMITH AWARDS BANQUET, THE OPENING OF LAMAR BASEBALL, THE MLK PARK FLAG RAISING CEREMONY, THE MLK PARADE, TEXAS TRASH OFF THAT'S COMING UP IN APRIL, AS WELL AS THE ADOPT A STREET PROJECT TO PICK UP TRASH THROUGHOUT NEIGHBORHOODS CITY ATTORNEY COOPER - NONE Minutes —February 19, 2019 CITY MANAGER HAYES - STATED THAT THERE WERE STATEMENTS ON FACEBOOK ACCORDING TO STAFF ABOUT COUNCILMEMBER GETZ' PROPOSAL THAT HE BROUGHT UP DURING HIS COMMENTS, TRYING TO GET A BETTER UNDERSTANDING REGARDING THE $3 OR $4 MILLION DOLLARS THAT WAS MENTIONED, ASKED IF COUNCILMEMBER GETZ COULD TELL HIM WHERE HE GOT THE FIGURE FROM PERTAINING TO THE AT&T BUILDING, (COUNCILMEMBER GETZ STATED THAT HE WOULD SPEAK WITH THE MANAGER ABOUT THAT AT ANOTHER TIME) THE MANAGER STATED THAT HE WOULD LIKE FOR THE COUNCILMEMBER TO SPEAK TO HIM IN THE FUTURE BEFORE THINGS ARE PRINTED ON FACEBOOK, THE MANAGER STATED THAT THE COUNCIL KNOWS THAT THE GENERAL FUND IS A $127 MILLION DOLLAR OPERATION FOR 2019, SALES TAX HAS DONE VERY WELL, COUNCIL ALSO KNOWS THAT THE CITY DOESN'T TRANSFER FUNDS FROM THE GENERAL FUND TO THE WATER FUND, THE WATER FUND IS AN ENTERPRISE AND SELF-SUFFICIENT FUND AND PAID FOR BY THE RATE PAYER, THE CHARTER ALLOWS FOR THOSE ENTERPRISE FUNDS, WATER AND SOLID WASTE FUNDS TO MAKE PAYMENTS TO THE GENERAL FUND FOR HR, LEGAL, IT, FINANCE ETC., HE DOESN'T WANT THE PUBLIC TO THINK THE COUNCIL IS LISTENING TO THEM BECAUSE THAT'S NOT THE CASE, HE AND THE PUBLIC WORKS DIRECTOR ARE WORKING ON A PLAN THAT WILL BE BROUGHT TO COUNCIL AS TO HOW ADDITIONAL MONEY CAN BE SPENT ON THE SEWER SYSTEM Open session of meeting recessed at 2:57 p.m. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: James Cotton vs. Shawn Anthony Hunt, et al; Cause No. E-201,435 Luis Cruz Urbina vs. John Doe and City of Beaumont; Cause No. E- 201,869 * Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: Specifically city -owned property at 3455 Sarah Street Minutes —February 19, 2019 TherD bein-Cl no a B Ames a Tina Broussard, taken in Executive Session, Council adjourned. le Minutes —February 19, 2019