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MIN MAY 14 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 MAY 14, 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 May 14, 2019, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m'. to consider the following: Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Dwight Benoit with Magnolia Missionary 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 Jordan, Getz, Sam, Pate and Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. ELECTION OF MAYOR AND COUNCILMEMBERS * Consider approval of an ordinance canvassing the results of the May 4, 2019, City of Beaumont General Election Council to consider approval of an Ordinance canvassing the results of the May 4, 2019, City General Election. The Election Code, Section 67.003, states that each local canvassing authority shall convene to conduct the local canvass at the time set by the canvassing authority's presiding officer not earlier than the eighth day or later than the eleventh day after Election Day. Council shall meet and canvass the returns and officially declare the results. Elected officials will be sworn in and take office in their respective positions. The canvassing totals that are reflected in the draft ordinance are not the final canvassing numbers as they will be provided by the Jefferson County Early Voting Clerk on or before May 14, 2019. Approval of ordinance. Councilmember Getz moved to APPROVE AN ORDINANCE CANVASSING THE RETURNS OF THE GENERAL ELECTION OF THE CITY OF BEAUMONT HELD ON THE 4TH DAY OF MAY 2019, FOR THE PURPOSE OF ELECTING A MAYOR, TWO COUNCILMEMBERS-AT-LARGE, FOUR (4) WARD COUNCILMEMBERS (WARDS I, II, III AND IV); PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Jordan seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL Minutes — May 14, 2119 NAYS: NONE MOTION PASSED Ordinance 19-026 Administration of the Oath of Office Councilmember/City Manager/City Attorney Comments MAYOR PRO TEM MOUTON - THANKED EVERYONE THAT PARTICIPATED IN THE ELECTION PROCESS AND CASTING A VOTE FOR THEIR CANDIDATE, STATED THAT SHE WILL RESPECT HER POSITION AND WILL CONTINUE TO SERVE THE BETTERMENT OF NOT JUST WARD IV BUT THE ENTIRE CITY, THANKED EVERYONE FOR THEIR CONTINUED SUPPORT, ALSO THANKED HER HUSBAND FOR ALWAYS BEING BY HER SIDE COUNCILMEMBER SAMUEL - TO GOD BE THE GLORY FOR THE GREAT THINGS HE HAS DONE FOR HIM, TRULY APPRECIATIVE FOR THE OPPORTUNITY TO SERVE THE CITIZENS OF BEAUMONT, WILL CONTINUE TO SERVE EACH AND EVERY CITIZEN TO THE BEST OF HIS ABILITY, THANKED HIS WIFE FOR BEING WITH HIM, THANKED HIS STAFF FOR CONTINUING TO CARRY ON AT THE OFFICE WHILE HE WAS OUT CAMPAIGNING, COMMENDED THE CITIZENS IN WARD III, THANKED HIS UNCLE LIEUTENANT GENERAL MARVIN D. BRAILSFORD FOR BEING THERE TO SWEAR HIM IN COUNCILMEMBER PATE - STATED THAT IT'S AN HONOR AND A PRIVILEGE TO BE REELECTED, THANKED HIS FAMILY AND FRIENDS FOR BEING PRESENT WITH HIM ON TODAY, CONGRATULATED COUNCILMEMBER FELDSCHAU ON BEING ELECTED AND WELCOMED HIM ABOARD, THANKED BILL SAM FOR ALL THE HARD WORK THAT HE HAS DONE AND FOR ALWAYS BEING AVAILABLE TO FILL IN WHEN NEEDED, LOOKING FORWARD TO THE THINGS THAT COUNCIL WILL DO IN THE NEXT TWO YEARS COUNCILMEMBER FELDSCHAU - THANKED EVERYONE THAT PARTICIPATED IN THE ELECTION, THANKED ALL THE CANDIDATES THAT RAN, ALL THE VOTERS THAT CAST A VOTE FOR HIM AND OTHER CANDIDATES, THANKED ALL THE VOLUNTEERS THAT WORKED SO HARD TO GET EVERYONE ELECTED AND THEN OF COURSE ALL THE DONORS THAT HELPED FINANCE ALL OF THE CANDIDATE'S CAMPAIGNS, THANKED HIS STAFF THAT KEPT THINGS MOVING FOR HIM AT THE CHURCH, WHICH ALLOWED HIM TO DO WHAT,HE NEEDED TO DO FOR THE CAMPAIGN, THANKED HIS FAMILY AND HIS WIFE WHO NEVER STOPPED BELIEVING IN HIM AND SUPPORTING HIM IN THIS EFFORT, STATED THERE WAS AN INCREASE IN VOTER TURNOUT FROM TWO YEARS AGO, PRAYS THAT OVER THE NEXT TWO YEARS HE WOULD LIKE TO SEE THE Minutes — May 14, 2119 TREND CONTINUE AND FOR THE NUMBERS TO INCREASE, APPRECIATES THE OPPORTUNITY TO SERVE THE CITIZENS OF BEAUMONT, WILL WORK HARD OVER THE NEXT TWO YEARS TO EARN AND KEEP THE TRUST OF THE CITIZENS OF BEAUMONT, STATED THAT HE AGREES WITH COUNCILMEMBER SAMUEL TO GOD BE THE GLORY COUNCILMEMBER GETZ - STATED THAT THEY HAD A VERY SPIRITED ELECTION IN WARD II, VERY THANKFUL TO ALL THOSE THAT CAME OUT AND PARTICIPATED IN THE PROCESS, STATED THAT HE AND HIS OPPONENT JEFFERSON FISHER HAD LUNCH FOR SEVERAL HOURS, LEARNED THAT THEY DO HAVE MANY MORE THINGS THAT UNITE THEM THAN DIVIDE THEM, BOTH SEE TREMENDOUS POTENTIAL FOR BEAUMONT AND WHAT CAN BE DONE IN THE FUTURE, STATED THAT HE WILL CONTINUE TO BE A VOICE FOR THE CITIZENS OF WARD II, IF THERE IS ANYTHING THEY NEED THEY CAN COUNT ON HIM TO BE THERE AND TO SHOW HIS CONCERN, WILL DO HIS VERY BEST TO TAKE CARE OF THE PROBLEM AND TO SEE IT THROUGH TO THE END, LOOKS FORWARD TO WORKING WITH THE REST OF COUNCIL CITY MANAGER HAYES - THANKED COUNCILMEMBER SAM FOR HIS SERVICE ON COUNCIL, HE HAS ALWAYS BEEN GREAT TO WORK WITH, THANKED HIS WIFE MARY FOR HER SUPPORT AND ALWAYS BEING THERE FOR MR. SAM AS WELL AS THE CITY, CONGRATULATED ALL OF THE COUNCILMEMBERS THAT WERE REELECTED, WELCOMED COUNCILMEMBER FELDSCHAU, HE AND STAFF LOOK FORWARD TO WORKING WITH HIM TO MOVE THE CITY FORWARD CITY ATTORNEY COOPER - CONGRATULATED COUNCILMEMBERS ON THEIR REELECTION, STATED TO COUNCILMEMBER SAM THAT THEY WON'T MISS HIM BECAUSE HE'S NOT GOING ANYWHERE, HIS PHONE NUMBER IS KNOWN, WELCOMED COUNCILMEMBER FELDSCHAU ABOARD, STATED THAT THE TWO HAVE HAD GOOD CONVERSATIONS THUS FAR, LOOKS FORWARD TO WORKING WITH HIM MAYOR AMES - THANKED HER HUSBAND RODNEY, STATED THAT THEY HAVE BEEN DOING THIS FOR A LONG TIME, THEY HAVE BEEN THROUGH FOURTEEN (14) CAMPAIGNS, ONE, ONE (1) YEAR TERM AND WAS UNOPPOSED ONCE BACK IN 2009, THANKED EVERYONE WHO CAME OUT AND VOTED, AS COUNCILMEMBER FELDSCHAU STATED, THE VOTER TURNOUT WAS A LITTLE BIT HIGHER THAN TWO (2) YEARS AGO BUT NEEDS TO BE HIGHER, LOOKING FORWARD TO THE CHALLENGES THAT ARE AHEAD, APPRECIATES EVERYONE THAT'S IN ATTENDANCE ON TODAY, ALSO THANKED TONYA LEE WHO HAS BEEN WITH HER SINCE THE BEGINNING (1994) AS WELL AS CINDY PATE, APPRECIATES BOTH OF THEM AS WELL AS HER FRIENDS AND FAMILY AND FORMER MAYORS, THANKED LOCAL FIRE Minutes — May 14, 2119 FIGHTER'S LOCAL 399, BEAUMONT POLICE OFFICERS ASSOCIATION, THE BEAUMONT ENTERPRISE, THE EXAMINER, PPAC (PEOPLES POLITICAL ACTION COMMITTEE), SABINE AREA CENTRAL LABOR COUNCIL AND THE EL PERICO SPANISH NEWSPAPER, THANKED THEM ALL FOR THE ENDORSEMENTS WHICH IS VERY IMPORTANT TO HER, STATED THAT SHE'S UP FOR THE CHALLENGE AND EXCITED ABOUT THE NEXT TWO YEARS, ALSO CONGRATULATED COUNCILMEMBER FELDSCHAU ON HIS ELECTION AND WELCOMED HIM ABOARD, APPRECIATES EVERYONE THAT IS PRESENT ON TODAY AND FOR ALL OF THEIR SUPPORT Recessed meeting at — 2:18 p.m. Reconvened meeting at — 2:47 p.m. Proclamations, Presentation, Recognitions None Mayor Ames read the, announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on scheduled agenda item No. 2/Consent Agenda None CONSENT AGENDA * Approval of minutes — April 30, 2019 * Confirmation of committee appointments — None A) Approve the City of Beaumont Investment Policy — Resolution 19-099 B) Authorize the settlement of the lawsuit styled Christine H. Mickles v. City of Beaumont, Texas; Cause No. 197,926 — Resolution 19-100 C) Approve a payment to Motorola for a maintenance agreement to support the 800 MHz radio system — Resolution 19-101 D) Approve a resolution accepting payment for a weed lien and waiving interest for property located at 3150 Waverly — Resolution 19-102 Councilmember Samuel moved to approve the Consent Agenda. Councilmember Jordan seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, FELDSCHAU, PATE AND SAMUEL Minutes — May 14, 2119 NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a request for a Specific Use Permit to allow a multiple -family development in a GC - MD -2 (General Commercial -Multiple Family Dwelling) District located at 7155 CalderAvenue. Item Tabled for Two Weeks Zulag Properties, L.L.C., requested a Specific Use Permit for the property located at 7155 Calder Avenue. They are requesting permission to establish a multiple -family dwelling complex in the form of townhomes. These townhomes will be for lease only and will not be available for individual ownership. The complex will consist of sixteen (16) buildings with four (4) townhomes in each building, for a total of sixty-four (64) units. At a Joint Public Hearing held on April 15, 2019, the Planning Commission recommended 7:0 to deny the request for a Specific Use Permit to allow a multiple -family development in a GC -MD -2 (General Commercial -Multiple Family Dwelling) District located at 7155 Calder Avenue with the following conditions: Engineering requires five (5) handicap parking spaces with a minimum of one (1) van accessible parking space 2. Provide a five (5) foot wide sidewalk along Calder Avenue. The Zoning Ordinance states, "The City Council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a Specific Use Permit where a protest against such change (has been filed), signed by the owners of twenty percent (2096) or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by the favorable vote of three-fourths (314) of all the members of the City Council." Protest against this request was received from 30.8% of the lots and land immediately adjoining the subject property. Therefore, a favorable vote of three-fourths (3/4) of all the members of the City Council shall be required to approve the requested Specific Use Permit. Given the extensive discussion of traffic concerns related to this proposed development during the public hearing, the Public Works Department conducted a supplementary analysis. This analysis supports the original recommendation in that while the additional dwelling units will add congestion, it will not be enough of an impact to downgrade the "Level of Service" of the roadway. This holds true even with the additional traffic associated with the recent expansion of Calder Woods. Due to concerns raised at the public hearing, engineering staff recommends adding and/or altering the following conditions: Provide five (5) foot wide sidewalks along Calder Avenue and Pinchback Road. Minutes — May 14, 2119 2. Remove all driveways entering and exiting from Pinchback Road. Approval of the request with the following conditions: 1. There must be a minimum of one van accessible handicap spot. However, it is preferable to provide one at each building. The southernmost building must have a designated parking area. 2. Provide five (5) foot wide sidewalks along Calder Avenue and Pinchback Road. 3. Remove all driveways entering and exiting from Pinchback Road. 2. Consider a resolution authorizing the City Manager to apply for and receive funding through the Department of Homeland Security 2019 Port Security Grant Program. The Homeland Security Grant Program consists of a number of grant programs, one of which is the Port Security Grant Program (PSGP). This grant can be utilized to enhance the security of the Port of Beaumont and the agencies that support it since the Port is designated as critical)to national infrastructure. The grant will cover three projects with a total estimated cost of $1,730,444. Approximately $1,044,815 would be applied toward the required annual maintenance service to the regional radio system; $559,303 will be used to replace approximately 117 mobile and portable radios that are past end -of -life, 20 radio chargers and 23 radio batteries; and $126,326 would be applied toward a tactical response equipment project to include 14 ballistic vests, 10 mounts for night vision optics to attach them to helmets, 3 ballistic rifle grade bunkers, 12 ballistic rifle and pistol shields, 3 ballistic blankets, 2 extension cables, 1 x-ray machine, 1 bounce imaging camera and 1 portable steel ramp. The federal grant will cover 75% of the project totals. The match related to the regional radio system is shared by all of the jurisdictions using the system. The match for the other two projects will be paid for by the City of Beaumont. Funds will be budgeted in the Capital Reserve in the FY 2020 Budget. The total match, for the City of Beaumont is estimated to be $258,797. Approval of the resolution. Councilmember Jordan moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE ALL DOCUMENTS NECESSARY TO APPLY FOR AND ACCEPT GRANT FUNDING THROUGH THE DEPARTMENT OF HOMELAND SECURITY 2019 PORT SECURITY GRANT PROGRAM (PSGP) IN AN AMOUNT UP TO $1,730,444.00. Mayor Pro Tem Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCIL'MEMBERS JORDAN, GETZ, FELDSCHAU, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 19-103 Minutes — May 14, 2119 COMMENTS Public Comments (Persons are limited to three minutes) — Suspended Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER JORDAN - ANNOUNCED THE CALDER TWILIGHT FUN RUN, .LUNE 7, 2019, THE ELECTION FOR THE WARD I RUNOFF WILL BE .LUNE 8, 2019, WITH EARLY VOTING STARTING ON MAY 28, 2019, THROUGH JUNE 4, 2019, ASKED EVERYONE TO MARK THEIR CALENDARS AND TO COME OUT AND VOTE COUNCILMEMBER GETZ - STATED THAT IN HIS PRIOR COMMENTS FAILED TO THANK HIS WIFE ALLISON GETZ, APPRECIATED ALL OF THE WORK•SHE DID BEHIND THE SCENES TO HELP HIM SUCCESSFULLY WIN REELECTION, COUNCILMEMBER FELDSCHAU - ANNOUNCED THE BIRTH OF HIS NEW GRANDSON EARLY THIS MORNING COLT RANDLE FELDSCHAU COUNCILMEMBER PATE - WELCOMED COUNCILMEMBER FELDSCHAU TO COUNCIL, GLAD TO BE BACK TO REPRESENT EVERYONE, ASKED THAT CITIZENS LET COUNCIL KNOW WHAT THEY CAN DO BETTER COUNCILMEMBER SAMUEL - CONGRATULATED AND WELCOMED COUNCILMEMBER FELDSCHAU TO COUNCIL MAYOR PRO TEM MOUTON - WELCOMED COUNCILMEMBER FELDSCHAU TO COUNCIL, CONGRATULATED ALL OF .COUNCIL ON THEIR REELECTION, STATED THAT SHE IS READY, WILLING AND ABLE TO SERVE NOT ONLY WARD IV BUT THE CITY OF BEAUMONT CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - STATED THAT THE CITY CHARTER REQUIRES THAT THE CAPITAL PROGRAM BE SUBMITTED BY MAY 15, 2019, OF EACH YEAR, PASSED OUT THE PROPOSED 2020 CAPITAL PROGRAM THAT WILL BE CONSIDERED THIS SUMMER AND APPROVED AS PART OF THE BUDGET MAYOR AMES - ANNOUNCED THE CITY OF BEAUMONT TEXAS TRASH OFF ON MAY 18, 2019, IF ANYONE WOULD LIKE TO PARTICIPATE THEY MAY DO SO BY SIGNING UP ON THE CITY OF BEAUMONT'S WEB SITE BEAUMONTTEXAS.GOV, THE BEAUMONT POLICE DEPARTMENT'S WILL HAVE ITS ANNUAL MEMORIAL CEREMONY ON THURSDAY, MAY 16, 2019 AT 9:00 A.M. ON THE FRONT STEPS OF THE POLICE DEPARTMENT, 255 COLLEGE ST. Minutes — May 14, 2119 Open session of meeting recessed at 3:06 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Donald Winfrey re being no action taken in Executive Session, Council adjourned. JIA a, l hQ Tina Broussard, City Clerk Y-4 Minutes — May 14, 2119