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MIN SEP 17 2019BEAUMONT T E X A S M I N U T E S- CITY OF BEAUMONT W.L. Pate, Jr., Mayor Pro Tem BECKY AMES, MAYOR Randy Feldschau, At -Large Taylor S. Neild, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel, Ward III SEPTEMBER 17, 2019 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 in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on September 17, 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 items 1-9/Consent Agenda * Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Bishop Curtis J. Guillory with the Catholic Diocese of Beaumont 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 Pate, Councilmembers Nield, Getz, Feldschau, Samuel (arrived at 2:30 p.m.) and Mouton. Absent: City Attorney, Tyrone Cooper. Also present were Kyle Hayes, City Manager; Sharae Reed, 1St Assistant City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "Gift of Life -Ovarian Cancer Awareness Month/Breast Cancer Awareness Month/September 17th as Gift of Life Program Day" - September 17, 2019 - Proclamation read by Mayor Ames; accepted by Norma Sampson, Executive Director and others "Attendance Awareness Month" — September, 2019 — Proclamation read by Councilmember Mouton; accepted by Dr. Shannon Allen, BISD Superintendent and staff Public Comment: Persons may speak on scheduled agenda items 1-9/Consent Agenda Guy Goodson 1550 Infinity Ln. Beaumont TX Spoke to Council regarding item #2 on the Agenda; Considering a resolution adopting the 2020 Capital Program, commented on a project that has been in the Capital Program since 2004 which is the Dowlen/College to Walden Rd., project, asked that the Council consider adding CIP funds for the design phase of this project so that Dr. Majdalani is staffed along with the City Manager so they could move forward in determining the best methodology, now Minutes — September 17, 2019 that Council knows as they did then that the City has the right-of-way from College St. to Waldon Rd. and now probably to 1-10, asked what are the economic opportunities that the City may have to develop this area, asked that the City consider earmarking design funds for the project and suggested that all of Council revisit the Charter, Article XVII, paragraph 25 on the Comprehensive Plan CONSENT AGENDA * Approval of minutes — September 10, 2019 * Confirmation of committee appointments - None A) Authorize the City Manager to execute Change Order No. 3 to the contract with Excavation & Construction, LLC for the Chlorination Contact Chamber Rehabilitation Project— Resolution 19-197 B) Authorize the settlement of the lawsuit styled Darryl Daw v. The City of Beaumont; Cause No. B-203167 — Resolution 19-198 C) Authorize the settlement of the claim of Taylor Dill — Resolution 19-199 D) Authorize the City Manager to execute all documents necessary with the Texas Department of Transportation to accept federal funds from the National Highway Traffic Safety Administration — Resolution 19-200 Councilmember Mouton moved to approve the Consent Agenda. Mayor Pro Tem Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, AND MOUTON NAYS: NONE MOTION PASSED GENERAL BUSINESS A motion was made by Mayor Pro Tem Pate and seconded by Councilmember Mouton to delay taking a vote on items 1, 3 and 4 towards the end of the meeting upon Councilmember Samuels arrival. Mayor Ames, Councilmembers Neild and Feldschau were in agreement. Councilmember Getz voted no. The motion was then amended to add item 2. A motion was made by Mayor Pro Tem Pate and 'a second by Councilmember Mouton to delay taking a vote on items 1, 2, 3 and 4 towards the end of the meeting upon Councilmember Samuels arrival. Mayor Ames, Councilmembers Neild and Feldschau were in agreement. Councilmember Getz voted no. Councilmember Samuel arrived at 2:30 p.m. Minutes — September 17, 2019 Consider an ordinance adopting the FY 2020 Budget by a record vote. Article VI, Section 8 of the City Charter states that "the budget shall be adopted by the favorable votes of at least a majority of all members of the Council." Section 9 states that "the budget shall be finally adopted not later than the twenty-seventh (27th) day of the last month of the fiscal year. Should the Council take no final action on or prior to such day, the budget as submitted by the City Manager shall be deemed to have been finally adopted by the Council." Also, SB 1760 provides that if the tax rate exceeds the effective tax rate, the vote on the ordinance setting the tax rate must be a record vote and must be approved by at least 60 percent of the members of the governing body. If the tax rate vote fails, then the lower of the effective rate or prior year tax rate will be the tax rate. Section 102.007 of the Government Code requires the vote to adopt a budget to be a record vote. In addition, the adopted budget will contain a cover page that includes the statement on whether the budget will raise more, less or the same amount of property taxes as the prior year, the record vote of each member of council by name, property tax rates for the preceding and current fiscal years, the effective tax rate, the effective maintenance and operations rate, the rollback tax rate, and the debt rate, along with the amount of debt secured by property taxes. This information is required to be posted on the city's website and remain there for one year after adoption of the budget. The FY 2020 Budget was submitted to Council on August 13, 2019 and reviewed during a work session on August 27, 2019. A public hearing was held on August 27, 2019, which met the requirements of the Charter and state law. Approval of the ordinance. ADOPT AN ORDINANCE ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 2019, AND ENDING SEPTEMBER 30, 2019, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT; APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. RECORD VOTE: MAYOR AMES MAYOR PRO TEM PATE COUNCILMEMBER NEILD COUNCILMEMBER GETZ MOTION PASSED Ordinance 19-055 YES COUNCILMEMBER FELDSCHAU YES YES COUNCILMEMBER SAMUEL YES NO COUNCILMEMBER MOUTON YES NO 2. Consider a resolution adopting the 2020 Capital Program. Article VI, Section 20 states that "the Council shall, by resolution, adopt the Capital Program with or without amendment after the public hearing and on or before the twenty-seventh (27th) day of the last month of the current fiscal year." Minutes — September 17, 2019 The Capital Program was originally submitted to Council on May 14, 2019. It was submitted to Council on August 13, 2019 with the Budget and reviewed during a work session on August 27, 2019. A public hearing was also held on August 27, 2019. Approval of the resolution. Councilmember Getz made a motion to have the language in the Capital Plan concerning the City's acquisition of the AT&T Building at 555 Main St., and the Roundabout at College and 11 th St. as they are read be struct from the Capital Plan. Councilmember Neild seconded the motion. AYES: COUNCILMEMBERS NEILD, GETZ, FELDSCHAU NAYS: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS SAMUEL AND MOUTON MOTION FAILED Councilmember Getz made a motion to consider amending the Capital Plan to extend Dowlen Rd., from College to 1-10 instead of stopping at Walden Rd., with the estimated cost to remain as is. Councilmember Neild seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Councilmember Getz made a motion to allocate funds to design the Dowlen Rd., project in house to have a better idea of what the project would cost. Councilmember Neild seconded the motion. (Councilmember Getz withdrew his motion) Councilmember Neild made a motion to amend the wording regarding the AT&T Building at 555 Main St., the City will acquire a portion to be determined of the large parking lot located at 555 Main St., the City has desired to develop along the Neches River and Riverfront for decades, the mentioned is property surrounded by properties owned by the City of Beaumont, this would allow the City Council to develop this site which may include expanding River Front Park, providing additional public parking, public spaces and may facilitate the development of restaurants, retail office space, housing and hotels, the estimated cost is $2.150 million dollars, the acquisition will be paid for with available cash. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Minutes — September 17, 2019 3 Councilmember Mouton moved to APPROVE A RESOLUTION THAT THE 2020 CAPITAL PROGRAM IS HEREBY ADOPTED AND WAS ORIGINALLY SUBMITTED TO COUNCIL ON MAY 14, 2019 WITH A PUBLIC HEARING HELD ON AUGUST 27, 2019 WITH AMENDMENTS. Mayor Pro Tem Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 19-201 Consider an ordinance accepting the tax roll and establishing the property tax rate for the tax year 2019 (FY 2020). The Jefferson Central Appraisal District submitted the Certified Tax Roll on July 19, 2019, in the amount of $7,669,216,149. Based on this taxable value, a property tax rate of $0.71/$100 valuation for the tax year 2019 (FY 2020) is proposed, which is the current rate. The tax rate would be apportioned $0.49211/$100 assessed valuation to the General Fund and $0.21789/$100 assessed valuation to the Debt Service Fund. As required by Section 26.05 of the Tax Code: The tax rate consists of two components, each of which must be approved separately bya record vote and at least 60 percent of the governing body must vote in favor of the ordinance. That ordinance must include the following statement: "THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE". Approval of the ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ACCEPTING THE TAX ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX ' RATE IN THE AMOUNT OF $0.49211/$100 ASSESSED VALUATION TO THE GENERAL FUND; PROVIDING FOR LEVYING TAXES FOR THE TAX YEAR 2019 (FY 2020); PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilmember Feldschau seconded the motion. RECORD VOTE (TAX RATE WITH A PORTION GOING TO THE GENERAL FUND): MAYOR AMES MAYOR PRO TEM PATE COUNCILMEMBER NEILD COUNCILMEMBER GETZ MOTION PASSED YES COUNCILMEMBER FELDSCHAU YES COUNCILMEMBER SAMUEL YES COUNCILMEMBER MOUTON YES YES . YES YES Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ACCEPTING THE TAX ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE IN THE AMOUNT OF $0.21789/$100 ASSESSED VALUATION TO THE DEBT SERVICE FUND; PROVIDING FOR LEVYING TAXES FOR THE TAX YEAR 2019 (FY 2020); PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Minutes — September 17, 2019 Councilmember Pate seconded the motion. RECORD VOTE (DEBT SERVICE FUND): MAYOR AMES MAYOR PRO TEM PATE COUNCILMEMBER NEILD COUNCILMEMBER GETZ MOTION PASSED YES COUNCILMEMBER FELDSCHAU YES YES COUNCILMEMBER SAMUEL YES YES COUNCILMEMBER MOUTON YES YES Councilmember Neild moved THAT THE PROPERTY TAX RATE BE INCREASED BY THE ADOPTION OF A TAX RATE OF $0.71/$100, WHICH IS EFFECTIVELY A 1.55 PERCENT INCREASE IN THE TAX RATE. THE TAX RATE IS THE SAME AS THE 2019 TAX RATE BUT IS 1.55 PERCENT ABOVE THE 2019 EFFECTIVE TAX RATE. THIS IS THE THIRD YEAR THE TAX RATE HAS REMAINED THE SAME. Councilmember Feldschau seconded the motion. RECORD VOTE (PROPERTY TAX): MAYOR AMES YES MAYOR PRO TEM PATE YES COUNCILMEMBER NEILD YES COUNCILMEMBER GETZ YES MOTION PASSED Ordinance 19-056 COUNCILMEMBER FELDSCHAU COUNCILMEMBER SAMUEL COUNCILMEMBER MOUTON YES YES YES 4. Consider an ordinance ratifying the budgeted property tax increase reflected in the FY 2020 Budget. Section 102 of the Local Government Code includes the following: "Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law." The current tax rate of $0.71 per $100 assessed will remain at $0.71 per $100 of assessed valuation. The budgeted revenue from property taxes is expected to be $1,305,000 more than FY 2019. Of this amount, $527,601 is attributable to new property added to the tax roll this year. Approval of the ordinance. Councilmember Neild moved to APPROVE AN ORDINANCE ENTITLED AN ORDINANCE RATIFYING THE BUDGETED PROPERTY TAX INCREASE REFLECTED IN THE FY 2020 BUDGET. Councilmember Feldschau seconded the motion. Minutes — September 17, 2019 RECORD VOTE: MAYOR AMES YES COUNCILMEMBER FELDSCHAU YES MAYOR PRO TEM PATE YES COUNCILMEMBER SAMUEL YES COUNCILMEMBER NEILD YES COUNCILMEMBER MOUTON YES COUNCILMEMBER GETZ YES MOTION PASSED Ordinance 19-057 5. Consider amending Section 22.02.001, Water Service Rates and Section 22.02.002, Wastewater Service Rates of the Code of Ordinances to increase rates by five percent (5%) effective October 1, 2019. The FY 2020 Budget anticipates issuing an estimated $20 million in revenue bonds during FY 2020. The water and sewer systems require ongoing maintenance and repair. The bond funds will be used for capital improvements at the water plant, sewer plant and related infrastructure. Many of the capital improvements are required to meet state and federal regulations. The revenue generated by the five percent increase will pay the debt service related to the revenue bonds and other increased operational expenses. Based on rates inside the city limits for a 5/8" meter for a residential water and sewer customer, the minimum bill (up to 1,000 gallons) will increase by $1.07 per month from $21.38 per month to $22.45 per month. Alternatively, a customer using an average of 6,000 gallons per month would see an increase in their bill by $3.17 per month from $63.23 per month to $66.40 per month. Approval of the ordinance. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 22, ARTICLE 22.02, SECTIONS 22.02.001(A) AND (B) AND 22.02.002 (A) AND (B) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO INCREASE WATER AND WASTEWATER RATES; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Mayor Pro Tem Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU AND MOUTON NAYS: NONE MOTION PASSED Ordinance 19-058 6. Consider amending Section 22.05.211 of the Code of Ordinances to increase garbage rates by $1.50 per month and to delete subset (c) related to recycling service fees. The Solid Waste Fund anticipates increased operational and capital expenses in FY 2020. The increase in cost is mainly attributable to the landfill operations as the City continues to experience high volumes of landfill activity in the wake of Hurricane Harvey. In order to Minutes — September 17, 2019 comply with TCEQ requirements, the City must maintain sufficient, reliable and operational heavy equipment needed to cover the landfill operations on a daily basis. The FY 2020 Budget anticipates the procurement of four grappler trucks, two heavy dozers, and the rebuild of another heavy dozer. The new vehicles and equipment are all replacements and have a projected cost of $2,281,000. The proposed rate increase of $1.50 per month ($18.25 to $19.75) will fund the purchase of these capital items and is also necessary to ensure that the minimum fund balance requirement of fifteen percent (15%) is maintained per financial policies. Subset (c) "Recycling Service" will be deleted from the Code of Ordinances since this service was discontinued at the end of July 2019. The rate increase of $1.50 per month would be effective October 1, 2019. Approval of the ordinance. Mayor Pro Tem Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 22, SECTION 22.05.211 (13)(1)(A) AND REPEALING CHAPTER 22, ARTICLE 22.05, SECTION 22.05.211 (C) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO INCREASE GARBAGE AND TRASH RATES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING A PENALTY AND PROVIDING AN EFFECTIVE DATE. Councilmember Neild seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU AND MOUTON NAYS: NONE MOTION PASSED Ordinance 19-059 7. Consider authorizing the City Manager to enter into an agreement with Beaumont Developers, LLC for economic development incentives under the Neighborhood Empowerment Zone Program for the redevelopment of a hotel at 625 Orleans in Downtown Beaumont. The City established the Downtown Empowerment Zone in order to encourage further redevelopment of Downtown Beaumont. The purpose of the zone is to offer economic incentives in this area to attract new businesses and residences as well as encourage the redevelopment or growth of existing businesses and residences. Specifically, the zone offers the following economic development incentives. 1) A possible three (3) year, 100% municipal tax abatement for all added value for investments greater than $50,000 for residential uses and $75,000 for all other uses and a possible, additional four (4) year, 100% abatement for projects in excess of $5 Million. 2) Building fee waivers (not including tap and meter fees). 3) Expedited permit review. 4) Lien waivers for any lien claimed by the City for demolition or high grass abatement expenditures. Minutes — September 17, 2019 Beaumont Developers, LLC is seeking the benefit from Empowerment Zone incentives in order to aid in the development of a hotel at 625 Orleans. Their plan includes an investment of between $5,000,000 and $9,000,000 to redevelop the former Hotel Beaumont into a 138 - room hotel, branded as a Hampton Inn. It should be noted that Hampton Inn hotels have been very successful ventures in such places as Downtown Mobile, Alabama; Downtown Portland, Maine; New Orleans and Austin. Under the Empowerment Zone Guidelines, if approved, this project would be eligible for a seven (7) year abatement of city property taxes, building fee waivers, expedited permit review, as well as lien waivers. The application outlines the requests for all eligible benefits, except lien waivers. The Administration believes that this project would meet the goals of the Empowerment Zone Program and the new hotel would be a significant and catalytic development that would greatly further the redevelopment of our Downtown. Funds will come from revenues from waived fees and abated ad -valorem taxes would be forgone, but the long-term economic impact associated with the development should positively affect future budgets. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE ALL DOCUMENTS NECESSARY TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF BEAUMONT AND BEAUMONT DEVELOPERS, LLC FOR ECONOMIC DEVELOPMENT INCENTIVES UNDER THE NEIGHBORHOOD EMPOWERMENT ZONE PROGRAM FORTHE REDEVELOPMENT OF A HOTEL AT 625 ORLEANS IN DOWNTOWN BEAUMONT. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU AND MOUTON NAYS: I NONE MOTION PASSED Resolution 19-060 8. Consider allowing a ninety (90) day extension for the parking, use and occupancy of Manufactured Housing Units (MHUs) as temporary living quarters on residential property during the period of repair or reconstruction of damage to properties caused by Hurricane Harvey at 3940 Anita Street; 11100, 11120, 11130 Church Road, 10355 Dusty Lane, 11427 Old Voth Road, 11437 Carpenter and 8195 San Carlos in accordance with Ordinance 19- 011. In September, 2017, as a response to more than 2,000 households affected by Hurricane Harvey, Council approved an ordinance to allow for the use of Recreational Vehicles (RVs) and Manufactured Housing Units (MHUs) on residential property a period of one (1) year, with an additional six (6) month extension approved in September, 2018. In March, 2019 Ordinance 19-011 was approved granting an additional six (6) month extension, with the option for residents to apply for a ninety (90) day extension if the home is still under construction, the resident is in litigation with their insurance company or if they have applied for and are awaiting CDBG disaster recovery assistance. Minutes — September 17, 2019 As we now approach the September 19 deadline, the vast majority of MHUs have been removed by the General Land Office. The applicants at the following addresses has applied for a ninety (90) day extension as allowed for under Ordinance 19-011. 3940 Anita Street 11100 Church Road 11120 Church Road 11130 Church Road 10355 Dusty Lane 11427 Old Voth Road 11437 Carpenter 8195 San Carlos Based on the application submitted, the Administration is recommending an extension for this address. Approval of the Ordinance. Councilmember Mouton moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 19-011 BY ALLOWING FOR A NINETY (90) DAY EXTENSION FOR THE PARKING USE AND OCCUPANCY OF RECREATIONAL VEHICLES, MANUFACTURED AND INDUSTRIALIZED HOUSING AS TEMPORARY LIVING QUARTERS ON A CERTAIN RESIDENTIAL PROPERTY DURING THE PERIOD OF REPAIR OR RECONSTRUCTION OF DAMAGE TO PROPERTY CAUSED BY HURRICANE/TS HARVEY, ALLOWING FORAN OPTION TO REQUEST AN ADDITIONAL NINETY (90) DAY EXTENSION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Feldschau seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU AND MOUTON NAYS: NONE MOTION PASSED Ordinance 19-060 9. Consider granting a franchise to Jefferson County to use and occupy a portion of Main Street between the Kansas City Southern Railroad right-of-way and the north right-of-way line of Franklin Street in Beaumont, Jefferson County, Texas. Jefferson County has requested that the City grant a franchise for the exclusive use of the portion of Main Street behind the courthouse which has been closed to through traffic. The Texas Transportation Code gives exclusive authority to the governing body of a Home -Rule Municipality to grant such a franchise. The franchise would allow the County to provide additional security for the courthouse, jail, judges and court staff. Access to this portion of Main Street would be allowed to the Port of Beaumont and the City of Beaumont as needed. Approval of the ordinance. Minutes — September 17, 2019 Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE TO JEFFERSON COUNTY TO USE AND OCCUPY A PORTION OF MAIN STREET, A PUBLIC STREET,. IN BEAUMONT, JEFFERSON COUNTY, TEXAS BETWEEN THE KANSAS CITY SOUTHERN RAILROAD RIGHT-OF-WAY LINE AND THE NORTH RIGHT-OF-WAY LINE OF FRANKLIN STREET. Councilmember Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU AND MOUTON NAYS: NONE MOTION PASSED Ordinance 19-061 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. PUBLIC HEARING * Receive comments on the 2018 Consolidated Annual Performance and Evaluation Report (CAPER) Public Hearing Open: 2:29 p.m. None Public Hearing Close: 2:29 p.m. Councilmember Samuel arrived at 2:30 p.m. COMMENTS * Public Comments (Persons are limited to three minutes) John Lopez 2170 Avalon Beaumont TX Spoke to Council regarding Tyrell Park Golf Course, stated that the golf course is in bad shape, the t -boxes aren't leveled, it's full of weeds, some areas don't have grass, the fairways have pot holes, can't play golf for a week after it rains, the ditches for drainage are full of weeds and aren't cleaned out very well, ponds are stagnated, grass is very high, the sand traps have no drainage, zero lawnmowers are used to cut the ruffs, it's not mulched the grass is just out there in big balls, these are complaints from other golfers that he plays with, golfers talk and they are saying don't go to Tyrell Park Golf Course Landry Rountree 1565 S. Major Dr., Beaumont TX Commented on comments that were made on last week by City Attorney, Tyrone Cooper, Mr. Cooper made several false statements to the public and Council concerning him, the most egregious comment was regarding his lawsuit against former Sgt. Troy Dyson and the City of Beaumont and the U.S. Supreme Court Minutes — September 17, 2019 Randy Laing 495 Pearl St. Beaumont TX Stated that he loves the Mayor, it's the first time he has ever seen her in action, asked himself a thousand times what Beaumont isn't doing that other cities are doing, he came up with beauty, without it, it's just too mechanical, stated that the Mayor isn't an engineer, she's not thinking like a roads and bridges person, she's thinking above that, she's looking down on Beaumont thinking about what is the basics of what would make this work, beauty is the only thing this city lacks, stated that he never thought about a roundabout but it's beautiful and it would look a whole lot better than what's there now Patrick Flanagan 595 Orleans Beaumont TX Stated that his father is Tom Flanagan who is the owner of 555 Main St., thanked Council for the support that has been given to them in their mission to help restore and renovate property downtown, Council has been very supportive and appreciates their help, excited to work with the City, however they can make these items happen to develop Riverfront, thanked the Mayor for adding the wording to the Capital Plan for the City's intention to work with them for a portion of the parking lot to develop in front of the Riverfront, looks forward to working with Council Pam Shelander 5555 Clinton Beaumont TX Stated that she was embarrassed as to what took place in Council on today, as elected leaders when they walk through the door any personal animosity they have amongst each other needs to be left outside the door, encouraged Council to go home and watch the meeting, they are going to see eyes rolling, furtive looks at other Councilmembers, just a lot of anger because someone doesn't agree with someone else, instead of being thankful that Councilmember Neild brought the issue up again regarding the AT&T Building and corrected the situation the Mayor started arguing with him about the fact that it was her idea, who cares who's idea it was, as long as it gets done Steve Hoffman 7045 Blarney St. Beaumont TX Stated that this has been an interesting meeting, some months back there was discussion of the Council adopting Robert's Rules of Order, thinks that was voted down, wished that Council would reconsider the adoption, this may cut out some of the personality issues or whatever is going on, he has been a fan of the Dowlen Rd. extension for some time, there could be some economic benefits from the project, it's a way to direct growth in the City right now, in his opinion the best place for the roundabout would be the Dowlen Rd. extension at Washington Blvd. Kenny Vaughan 1555 S. Major Dr. Beaumont TX Stated to the Mayor that he didn't understand her comments to Mr. Rountree, commented on what was stated by City Attorney, Tyrone Cooper at last week's meeting, Mr. Cooper suggested that Mr. Rountree had his permit revoked for towing vehicles, despite his permit being revoked Mr. Rountree insisted on picking up vehicles and that he went to an accident scene and because he wouldn't stop picking up vehicles he was arrested, the truth is Mr. Rountree didn't go to the accident scene to pickup a vehicle, he called someone else to pick up the vehicle because a friend of his was.involved in the accident, Mr. Rountree knew that he couldn't pick up vehicles, stated that Mr. Rountree was sweeping up glass in the street Minutes — September 17, 2019 and was unlawfully arrested and Mr. Cooper knows this, that's why the charges were dismissed, Mr. Cooper still intentionally misrepresents what happened, also made comments regarding the workshop on sidewalks Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - NOW THAT THE BUDGET HAS BEEN APPROVED HE WOULD LIKE COUNCIL TO CONSIDER LOOKING AT CHARTER AMENDMENTS THAT NEED TO BE MADE BEFORE THE NEXT ELECTION, DOESN'T KNOW THE PROPER WAY TO GET THIS STARTED, IF IT NEEDS TO BE DONE IN A WORKSHOP RECOMMENDED THAT COUNCIL TAKE ONE SECTION AT A TIME AND GO THROUGH THE ENTIRE CHARTER TO SEE WHAT CHANGES ARE NECESSARY, STATED THAT HE THINKS THAT ROBERTS RULES OF ORDER IS A GREAT IDEA TO CONSIDER AT THIS TIME COUNCILMEMBER GETZ - STATED THAT ACCORDING TO THE CITY CHARTER THE CAPITAL PROGRAM IS A LIST OF ALL CAPITAL IMPROVEMENTS WHICH ARE PROPOSED TO BE UNDERTAKEN DURING THE FIVE (5) FISCAL YEARS NEXT ENSUING, WITH APPROPRIATE SUPPORTING INFORMATION AS TO THE NECESSITY OF SUCH IMPROVEMENTS, STATED THAT HE THOUGHT THAT'S WHAT THEY WERE DISCUSSING ON TODAY BUT NOW THAT HE'S LEARNED THAT IT'S NOT MORE THAN A WISH LIST AND THAT THE NUMBERS OUT THERE AREN'T REALLY VALID, IT DOESN'T REALLY MATTER IF, COUNCIL -APPROVES IT OR NOT, STATED THAT HE CAN'T SUPPORT THE CREATION OF A ROUNDABOUT AT THE INTERSECTION OF COLLEGE AND 11TH ST., APPARENTLY IT'S STILL THERE EVEN THOUGH HE HEARD TODAY THAT NO ONE IS REALLY SERIOUS ABOUT FUNDING SOMETHING LIKE THAT, ALSO STATED THAT HE CAN'T SUPPORT THE ACQUISITION OF THE AT&T BUILDING, GLAD THAT IT HAS BEEN TAKEN OUT OF THE CAPITAL PLAN, COUNCIL NEEDS TO PAY MORE ATTENTION TO WHAT'S IN CAPITAL PLAN AND THEY ALSO NEED TO LOOK AT THE CITY'S COMPREHENSIVE PLAN, DOESN'T KNOW WHEN THE LAST TIME THE COMPREHENSIVE PLAN HAS BEEN UPDATED, IT'S HIS HOPES THAT IT'S UPDATED REGULARLY, THERE NEEDS TO -BE A PLAN GOING FORWARD NOT JUST A WISH LIST COUNCILMEMBER FELDSCHAU - NONE MAYOR PRO TEM PATE - APPRECIATED COUNCILMEMBER NEILD CLARIFYING WHAT THE MAYOR TRIED TO CLARIFY EARLIER, THINKS THAT COUNCIL CAN MOVE FORWARD, COMMENTED ON THE ROUNDABOUT, EVEN THOUGH IT IS STILL IN THE CAPITAL PLAN AS COLLEGE ST., IT MAY NOT BE SOMETHING THAT COUNCIL WOULD PURSUE BUT MAYBE LOOK AT ROUNDABOUTS IN ANOTHER Minutes — September 17, 2019 LOCATION, ONE OF THE HARDEST THINGS IS MAKING DECISIONS IN WHICH ALL OF COUNCIL FEELS VERY STRONGLY ABOUT FOR THE CITY, COUNCIL CAN DISAGREE BUT STILL MOVE FORWARD IN A POSITIVE MANNER, THANKED PATRICK FLANAGAN AND CHRISTINA FOR ATTENDING THE MEETING, EXCITED ABOUT THE HAMPTON INN COMING DOWNTOWN, ASKED CITIZENS TO KEEP COUNCIL ON THEIR PRAYER LIST COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER MOUTON - STATED THAT TODAY STARTED OUT WITH TWO BEAUTIFUL PROCLAMATIONS, AFTER THAT IT TURNED INTO A CIRCUS, APOLOGIZED TO THE CITIZENS AND TO EVERYONE THAT WATCHED, EVERYONE IS ENTITLED TO THEIR OPINIONS, COUNCIL MAKES DECISIONS FOR THE BENEFIT OF THE CITIZENS, IT TAKES FOUR VOTES AND IF YOU DON'T HAVE THAT NOTHING WILL PASS CITY ATTORNEY COOPER - ABSENT IST ASSIST. CITY ATTY. REED - THANKED MR. COOPER FOR HIS COMMENTS AT THE LAST MEETING, AS WELL AS THE MAYOR ON HER COMMENTS TODAY, WANTED TO MAKE A FEW CORRECTIONS TO THE STATEMENTS THAT WERE MADE BY MR. ROUNDTREE AND ECHOED HIS STATEMENT THAT WE JUST NEED TO PUT THIS BEHIND US, BEGINNING WITH WHAT ACTUALLY HAPPENED AS IT RELATES TO MR. ROUNTREE'S CASE, MR. VAUGHN MADE THE COMMENT THAT MR. ROUNTREE WAS ARRESTED UNLAWFULLY, IN ACTUALITY MR. ROUNTREE WAS ARRESTED PURSUANT TO AN ORDINANCE THAT THE CITY OF BEAUMONT HAS THAT ONE CANNOT PARK A TOW TRUCK WITHIN A 1,000 FEET OF AN ACCIDENT SCENE, THE PURPOSE FOR THAT ORDINANCE IS TO MAKE SURE THAT EMERGENCY VEHICLES HAVE EGRESS AND INGRESS OUTSIDE OF AN ACCIDENT, MR. ROUNTREE'S TOW TRUCK WAS ACTUALLY BLOCKING AN ACCIDENT SCENE, HE WAS ASKED SEVERAL TIMES TO REMOVE HIS VEHICLE AND HE WAS SUBSEQUENTLY ARRESTED, THE ARREST WASN'T DISMISSED PURSUANT TO ANY LACK OF EVIDENCE OR PURSUANT TO ANY WRONG DOING ON ANYBODY'S PART WITHIN THE CITY, IT WAS DISMISSED PURSUANT TO A PLEA ORDER WHICH HAPPENS ALL THE TIME IN MUNICIPAL COURT, IT WAS DONE PROPERLY, DECENT AND IN ORDER, AS IT RELATES TO HIS LAW SUIT WHICH IS SOMETHING SHE WORKED ON PERSONALLY, STATED THAT THE COMMENTS HE MADE LAST WEEK THAT SHE SWITCHED DOCUMENTS IS ABSOLUTELY FALSE, THE DOCUMENT WAS ACTUALLY DRAFTED AND COMPLETED IN THE CITY ATTORNEY'S OFFICE, IN ONE DAY AND IN ONE MEETING AS REQUIRED BY THE STATUE FOR THE STATUS CONFERENCE REQUIREMENT, IN THAT MEETING HE REQUESTED SOME CHANGES, THE CHANGES WERE DONE BY Minutes — September 17, 2019 THE SECRETARY AND WAS BROUGHT BACK TO HIM, THERE WAS NO SWITCHING OF DOCUMENTS, SHE ALSO SPOKE REGARDING THE CASE GOING TO THE SUPREME COURT, FELT THAT IT'S ALWAYS NECESSARY TO CLEAR THE RECORD CITY MANAGER HAYES - NONE MAYOR AMES - STATED THAT THERE HAS NEVER BEEN A REASON TO ADOPT ROBERTS RULES OF ORDER, COUNCIL NOW HAS DIFFERENT PERSONALITIES NOW THAT DO THINGS DIFFERENTLY, ROBERTS RULES OF ORDER MAY BE SOMETHING COUNCIL MIGHT WANT TO LOOK AT, STATED THAT THE REASON THAT IT WASN'T ADOPTED PREVIOUSLY FOR THOSE THAT BROUGHT IT UP TODAY WAS BECAUSE THERE WERE SOME ITEMS THAT WERE PROBLEMATIC PER THE CITY ATTORNEY, STATED THAT SHE'S NOT OPPOSED TO REVISITING ROBERTS RULES OF ORDER, STATED THAT IF HERANGER TOWARDS COUNCILMEMBER GETZ CAME OUT STRONGLY SHE APOLOGIZED TO HIM, IT'S VERY HARD WHEN SHE READ WHAT SHE READ ON FACEBOOK AND COULD READ OUT LOUD WHAT WAS SAID AND NOT HAVE PERSONAL FEELINGS BECAUSE THE ATTACKS WERE PERSONAL, ASKED THAT COUNCIL MOVE ON AND NOT CONTINUE TO DO THOSE THINGS, TOMORROW THIS DOESN'T NEED TO BE THE WINS THAT COUNCILMEMBER GETZ GOT ON FACEBOOK AND PUTTING DOWN THE REST OF COUNCIL, EVERYONE DOESN'T HAVE TO AGREE, SHE'S FINE WITH DISAGREEMENT IT'S JUST HOW ONE DISAGREES, FELT LIKE HER PERSONAL FEELINGS CAME OUT ON TODAY BECAUSE SHE HAD JUST READ INFORMATION THAT SHOULD NOT BE IN THE PUBLIC IF IT'S NOT TRUE, STATED THAT WHAT SHE BROUGHT UP ON TODAY REGARDING THE AT&T BUILDING WAS BECAUSE SHE WAS TRYING TO MAKE A COMPROMISE, IF THEY CAN'T COMPROMISE AND DISCUSS THINGS THEN THEY AS A COUNCIL WILL NEVER GET ANYTHING DONE, APPRECIATED THE OTHER COUNCILMEMBERS THAT SUPPORTED HER BECAUSE SHE DID PUT A LOT OF TIME INTO THE COMPROMISE, VISITED WITH THE FLANAGAN'S AND KNEW THAT THIS WAS SOMETHING THAT THEY WANTED, THINKS IT WOULD BE A WIN, WIN FOR BOTH THE FLANAGAN'S AND THE CITY, THINGS HAVE TO STOP BEING POLITICIZED AND UNTIL THAT CAN BE DONE THINGS WON'T GET BETTER, EVERYTHING THAT SHE HAS DONE HAS BEEN TRANSPARENT AND FOR THE BETTERMENT OF THE CITY Open session of meeting recessed at 4:25 p.m. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Minutes — September 17, 2019 Th re being o Be y Ames, Tina Broussard, Claim of Lester Leday action taken in Executive Session, Council adjourned. Clerk Minutes — September 17, 2019