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MIN NOV 12 2019JACKSON JERRY CRIMINAL INVESTIGATIONS 30 LACHANCE GERALD POLICE ADMINISTRATION 30 LANGE RANDALL BUILDING SERVICES 30 SCHULDT GEORGE CRIMINAL INVESTIGATIONS 30 SPITZER WALTER CRIMINAL INVESTIGATIONS 30 CURL JEFFREY CRIMINAL INVESTIGATIONS 25 LAFLEY CHESTER FIRE DEPT TRAINING 25 PELLERIN DENNIS FIRE SUPP-B SHIFT 25 PIAZZA GLENDA POLICE/SP SERV/CIVILIANS 25 SPIKES ALFRED CRIMINAL INVESTIGATIONS 25 TRAHAN III HOWARD PATROL 25 Public Comment: Persons may speak on scheduled agenda items 3 and 4/Consent Agenda None CONSENT AGENDA * Approval of minutes — November 5, 2019 * Confirmation of committee appointments — None A) Authorize the City Manager to execute Change Order No. 2, accept maintenance, and authorize a final payment to Allco, LLC for the Wastewater Treatment Plant Sludge Dewatering Improvements Phase 1 — Belt Press Project — Resolution 19-260 B) Authorize the settlement of the claim of Amigo Truck LLC — Resolution 19-261 C) Approve the proposed Art Classroom addition to the Art Museum of Southeast Texas located at 500 Main Street — Resolution 19-262 D) Authorize the City Manager to enter into an agreement with PetSmart Charities, Inc. — Resolution 19-263 E) Approve a resolution casting the City's 450 votes for Lauren Williams Mason to the Board of Directors of the Jefferson Central Appraisal District — Resolution 19-264 Councilmember Getz moved to approve the Consent Agenda. Councilmember Feldschau seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Minutes — November 12, 2019 GENERAL BUSINESS Consider a request for a Specific Use Permit to allow a sports bar in a GC -MD (General Commercial — Multiple Family Dwelling) District located at 3430 Concord. At the October 29, 2019, City Council meeting, Council requested more information and tabled this item. The requested conditions have been approved for similar uses at this location by City Council in past requests. Specific Use Permits are evaluated on a case by case bases due to location and use, with reasonable conditions imposed in order to mitigate any negative impacts of a proposed use at the particular location. Amaray Mathew has applied for a Specific Use Permit to allow a sports bar at 3430 Concord. Mr. Mathew states that he envisions the space as an elegant adult lounge for sports, birthday parties and lots of fun. The lounge will be open from 8 p.m. - 2 a.m., seven days per week. The sports bar will occupy a space in a commercial strip which also houses a beauty school and retail. Security will be provided in the form of 3-4 bouncers. In 1997, City Council approved a specific use permit to allow an entertainment, recreational services and rental hall with the occasional sale of alcohol at this location. In 2011 a drinking place was approved, then in 2012 a bottle club was approved. Those businesses have since closed .down and the space is now vacant. The immediate area facing the building along Concord and Steelton is developed commercially. At a Joint Public Hearing held on October 21, 2019, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow a sports bar in a GC -MD (General Commercial — Multiple Family Dwelling) District located at 3430 Concord Road with the following conditions: 1. "No Loitering" signs shall be posted in the parking lot. 2. Proper security shall be provided. 3. The exterior of the property is to be maintained by proper containment of litter. Approval of the ordinance with the following conditions: 1. "No Loitering" signs shall be posted in the parking lot. 2. Proper security shall be provided. 3. The exterior of the property is to be maintained by proper containment of litter. Mayor Pro Tem Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SPORTS BAR IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT 3430 CONCORD ROAD, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 19-073 Minutes — November 12, 2019 2. Consider a request for an amended Specific Use Permit to allow the expansion of a bar in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 6210 Phelan Boulevard. L.W. Beaumont, LLC received a Specific Use Permit to allow a sports bar at 6210 Phelan Boulevard in October 2018. The plans called for the use of the interior space as well as a covered area. An application for a building permitwas submitted forthe restaurant/barwhich included a 4,024 square foot interior area and a 2,912 square foot covered patio area, with no exterior seating shown. The registered design professional, H.M. McLeod, estimated the occupancy at 395 which was within the 428 max occupant allowance according to the 2015 International Building Code. Following interior demolition of the space, permit #18-3843 was approved for the restaurant/bar. During a final inspection, unapproved changes/alterations were found that were not shown on the original, permitted ,plan set. The major change from the original approved plan submission was the expansion and improvements to the grassy area outside of the covered patio area. A fence was extended to allow for additional customer seating and customer activities. This additional customer area required additional means of egress within the fenced in area. This required multiple conversations with the design professional as the owner was concerned about controlled access to his business versus the required emergency egress to meet code. Multiple plan revisions were submitted for consideration. Three occupant loads were specified by the applicant's design professional for the temporary occupancy of the building. The interior building was calculated at 200 people, the outside covered patio was calculated at�209 people, and the uncovered grass area was calculated at 381 people. Also, during the plan revision process further discussions revealed that Little Woodrow's was operating as more of a bar which served food, rather than a bar/restaurant. This reclassification of use would require Little Woodrow's to add additional plumbing fixtures to the facility. An application for a new building permit was submitted by Classic Construction to add ten additional bathroom fixtures and four additional lavatories to meet a new proposed occupancy count of 700. The permit was placed on hold for consideration by the Planning Commission and City Council. Little Woodrow's is located at the southeast most tip of the Colonnade Shopping Center. As a requirement for the original Specific Use Permit, screening and a masonry wall were installed. The new addition will be approximately 1,500 square feet and include new cooler/storage space and additional restrooms to accommodate the additional occupancy and seating area. This addition will be located along the east side of the building providing an additional buffer from noise for the adjacent residential neighborhood. With regard t&parking, it should be noted that concerns have been raised by other tenants about the availability of adequate parking. It should also be noted that the calculation of occupancies is set forth in the Building, Fire and Plumbing Codes, whereas the calculation of required off-street parking is set forth in the Zoning Ordinance, reviewed by the Engineering Department. A parking analysis was conducted as part of this revised Specific Use Permit. It found that while demand for the parking spaces at the interior of the shopping center is high, the minimum of spaces has been provided at the shopping center, albeit some spaces are located farther afield at the perimeter of the shopping center. Minutes — November 12, 2019 At a Joint Public Hearing held on October 21, 2019, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow the expansion of a bar in a GC - MD (General Commercial -Multiple Family Dwelling) District with the following conditions: 1. Install an eight foot (8') tall opaque perimeter fence. 2. Keep litter in direct area of subject property contained. 3. No live music allowed. 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 (20916) 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 (3/4) of all the members of the City Council." Protest against this request was received from more than 25% of the land immediately adjoining the subject property. Therefore, a vote of three-fourths (3/4) of the City Council shall be required to approve the requested Specific Use Permit. In an effort to mitigate the impact of the business on surrounding land uses, the applicant has offered to limit the number of occupants to four hundred (400). Approval of the request with the following conditions: 1. Install an eight foot (8') tall opaque fence. 2. Keep litter in direct area of subject property contained. 3. No live music allowed. 4. Occupancy be limited to 400 persons. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF A BAR IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 6210 PHELAN BOULEVARD, WITH THE FOUR CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Ames seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS GETZ, FELDSCHAU AND SAMUEL NAYS: COUNCILMEMBER MOUTON MOTION FAILED 3. Consider amending Chapter 22, Article 22.06, Section 22.06.012 of the Code of Ordinances related to the Drought Contingency Plan. On April 30, 2019, by Resolution No. 19-092, City Council approved the 2019 Water Conservation Plan and renewal of the City's commitment to Chapter 22, Article 22.06 "Drought Contingency Plan" of the Code of Ordinances. Minutes — November 12, 2019 On June 24, 2019, the City of Beaumont's Drought Contingency Plan was reviewed by the Texas Commission on Environmental Quality (TCEQ). TCEQ noted an additional requirement to Sec. 22.06.012, that the ordinance read every wholesale water contract entered into or renewed shall include a provision regarding water distribution in the instance of a drought in accordance with the Texas Water Code. The proposed changes to the ordinance will meet state regulations and further inform the City's wholesale water customers. This ordinance is enabled by the TCEQ and meets the State's standards. Approval of the ordinance. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 22, ARTICLE 22.06, SECTIONS 22.06.012 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, PERTAINING TO THE APPLICATION OF THE DROUGHT CONTINGENCY PLAN AS IT RELATES TO WHOLESALE CUSTOMERS OF THE CITY''WATER SYSTEM; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 19-074 4. Consider a resolution approving the purchase of a fire truck. A 2020 Velocity pumper truck would be purchased from Siddons-Martin Emergency Group, of Denton, Texas, in the amount of $757,594.00. The new unit will replace a 1993 pumper truck with 79,933 miles. It has exceeded its expected service life. The new pumper truck will be designated as Engine #1 and will be housed at Station 1 located at 1675 Caldwell Ave. The existing unit will be disposed of according to the City's surplus property policy. Pricing was obtained through the Houston -Galveston Area Council (H -GAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H -GAC complies with State of Texas procurement statutes. Manufacturer's warranty for the truck is twelve months. Delivery is expected within ten to eleven months. Funds will come from the Capital Reserve Fund. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF ONE (1) 2020 VELOCITY PUMPER FIRE TRUCK FOR USE BY THE FIRE DEPARTMENT FROM SIDDONS-MARTIN EMERGENCY GROUP, OF DENTON, TEXAS, IN THE AMOUNT OF $757,594.00 THROUGH THE HOUSTON-GALVESTON AREA COUNCIL (H -GAC) COOPERATIVE Minutes — November 12, 2019 PURCHASING PROGRAM. Mayor Pro Tem Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 19-265 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Councilmember Getz stated to the Mayor that there would not be an Executive Session, he invoked his right to have a public hearing on this matter. COMMENTS * Public Comments (Persons are limited to three minutes) Kenneth Semien 8445 Allison Way Beaumont TX Spoke to Council on behalf of people .with disabilities that use the Beaumont Municipal Special Services Transit, made council aware that the Beaumont Municipal Special Serivices Transit is a door to door service for those with disabilities, the buses are nearly twelve years old, through a recent transportation meeting with Mr. Munson who is the manager of the special service transit. stated that the buses have a life span of twelve years in which the buses are nearly there now, stated that it's raining in the buses, they are rattling, as you ride it feels like the bus is about to fall apart, its bad when someone on the bus has to use an umbrella, asked Council if they would take a look at the riding conditions of those with disabilities, at this time there is no grant funding for replacing the buses James Eller 2332 Evalon St. Beaumont TX Asked if there could be a motion and a second on having evening meetings, there are alot of people on his Facebook page that has been asking when they could come out and enjoy meetings in the evening, most of them are at work during the day when the current meetings occur Edgar Alvarez 3003 Bingle Rd. Houston TX Stated that he's a private investor and has been working on a rehab project for the past few months, has been dealing with a lot of vandalism on an almost daily basis, has lost AC's three times, made reports with the Police Department each time, also needs some guidance as to what he can do to obtain more information about the use of the buildings that he's rehabbing so that he can move forward Councilmembers/City Manager/City Attorney comments on various matters Minutes — November 12, 2019 COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - ABSENT COUNCILMEMBER GETZ - ASKED THE CITY MANAGER WHAT IS THE STATUS OF EVENING MEETINGS, IT'S HIS UNDERSTANDING THAT COUNCIL WAS TO RECEIVE A SCHEDULE OR A PROPOSED AGENDA OF DATES TO CHOOSE FROM FOR EVENING MEETINGS, ASKED WHEN THEY WOULD BE RECEIVING THAT, ASKED DR. MAJADALANI, PUBLIC WORKS DIRECTOR ABOUT A CITIZEN THAT MADE A COMPLAINT AT A PREVIOUS COUNCIL MEETING REGARDING HIS SEWER SYSTEM, ASKED IF HE HAD AN OPPORTUNITY TO CHECK ON THAT COMPLAINT, ASKED THE ,,CITY MANAGER ABOUT THE STATUS OF A WORKSESSION THAT WAS TO BE SETUP WITH DRAINAGE DISTRICT 6, STATED TO DR. MAJADALANI THAT AT A PREVIOUS WORKSESSION IT WAS STATED THAT HE WOULD BE TALKING TO DD6. ABOUT POSSIBLE FLOOD MITIGATION MEASURES THAT COULD BE TAKEN IN CONNECTION WITH THE CONSTRUCTION OF THE DOWLEN ROAD EXTENSION PROJECT, WANTED TO KNOW IF HE HAD AN OPPORTUNITY TO SETUP THE WORKSESSON, ASKED THE CITY MANAGER WHAT THE STATUS WAS IN REGARDS TO SCHEDULING A WORKSHOP WITH THE UNITED STATES CORPS OF ENGINEERS COUNCILMEMBER FELDSCHAU - NONE MAYOR PRO TEM PATE - COMMENTED ON THE LAMAR UNIVERSITY SOCCERTEAM THAT HAS WON THE CONFERENCE CHAMPIONSHIP FORTHE SECOND TIME IN THREE YEARS, COMMENTED ON THE VETERANS DAY PROGRAM THAT HE SPOKE AT ON MONDAY, NOVEMBER 11, 2019, CONGRATULATED THE CITY EMPLOYEES THAT RECEIVED SERVICE AWARDS FOR COMPLETING 25 TO 40 YEARS OF SERVICE, GAVE CONDOLENCES TO THE FAMILY OF MIKE "TUFFY" HAMILTON COUNCILMEMBER SAMUEL - ASKED THAT THE CITY MANAGER FOLLOW UP ON A RED TAGGED PROPERTY LOCATED IN THE 3100 BLOCK OF BENNET RD., THAT PROPERTY HAS BEEN RED TAGGED FOR ABOUT A YEAR, STATED THAT THE STRUCTURE IS STILL STANDING AND WOULD LIKE TO KNOW WHAT'S THE STATUS AND WHY IS IT TAKING SO LONG TO BE DEMOLISHED, IT HAS COME BEFORE COUNCIL AND APPROVED FOR DEMOLITION COUNCILMEMBER MOUTON - THANKED ALL OF THE VETERANS FOR THEIR DEDICATED SERVICE, GAVE CONDOLENCES TO THE FAMILY OF SHIRLEY MANUEL, CONGRATULATED ALL OF THE CITY EMPLOYEES THAT HAD 25 TO 40 YEARS OF SERVICE, CONGRATULATED MAYOR AMES WHO WILL JOIN NINE OTHER MAYORS FROM MAJOR CITIES ALL OVER THE UNITED STATES IN REPRESENTING BEAUMONT TO AN ALL EXPENSE PAID TRIP TO NEW YORK Minutes — November 12, 2019 CITY, NOVEMBER 13 - 15, 2019, BY THE NEW YORK UNIVERSITY SCHOOL OF PUBLIC SERVICE, FOR THE INSTITUTE OF SMART CITIES, SHE WAS ALSO CHOSEN TO SIT ON THE BOARD OF EMERGENCY MANAGEMENT DUE TO THE GREAT WORKS AND EFFORTS THAT THE CITY OF BEAUMONT'S EMERGENCY MANAGEMENT TEAM HAS DONE AND HOW THEY HAVE PERFORMED IN THIS AREA WITH DIFFERENT EMERGENCIES CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - STATED THAT ON MONDAY, NOVEMBER 4, 2019, THERE WAS A SPECIAL WORKSESSION HELD HERE AT CITY HALL, IN THAT WORKSESSION THERE WAS DISCUSSION OF THE POSSIBLE USE OF $19 MILLION DOLLARS THAT RELATES TO STABILIZING THE RIVERFRONT PARK TO WHERE IT IS TODAY COMPARED TO THE COST TO DO IT PRE -STORM, THE DIFFERENCE BETWEEN $47 MILLION MINUS $28 MILLION IS $19 MILLION, THERE WAS AN OVERWHELMING CONSENSUS AT THE MEETING TO MOVE FORWARD, STATED THAT NO ONE SPOKE AGAINST IT AT THE WORKSESSION, THE NEXT STEP AS HE EXPLAINED TO COUNCIL IN THE MEETING WOULD BE TO COME BACK TO COUNCIL FOR A VOTE, IF COUNCIL APPROVED THE PROJECT THERE WOULD BE AN APPLICATION THAT WOULD BE SUBMITTED TO FEMA FOR THE USE OF THE $19 MILLION DOLLARS TO CONSTRUCT A NEW PUMP STATION SOMEWHERE AROUND THE VICINITY OF EAST LUCAS AND PINE STREET, THE PURPOSE WOULD BE BECAUSE THERE WAS SIX FEET OF WATER IN THE PUMP STATION ALONG THE NECHES RIVER DOWN AT COLLIERS FERRY, THE CITY COULDN'T ACCESS THE SITE THEREFORE THE CITY DIDN'T HAVE POTABLE WATER FOR ABOUT ELEVEN DAYS, THE COUNCIL THOUGHT IT WAS A GOOD IDEA, (AGAIN COUNCIL HASN'T VOTED ON THIS), TO HAVE THAT RESILIENCE IN THE SYSTEM, THE WORST THING THAT COULD HAPPEN IN THE COMMUNITY ISNOT TO HAVE POTABLE WATER, WANTED COUNCIL TO KNOW THAT COUNCILMEMBER GETZ SENT OUT AN EMAIL TO THE TOP PERSON OVER FEMA FOR THIS AREA SPEAKING AGAINST THE PROJECT TRYING TO UNDERMINE COUNCIL'S EFFORTS, A COPY OF THE EMAIL WAS PASSED OUT. TO THE COUNCIL, THE MANAGER STATED THAT IT'S HARD ENOUGH TO GET .MONEY FROM THE FEDERAL GOVERNMENT AND FEMA, IT TOOK THE CITY ELEVEN YEARS TO GET REIMBURSED FOR HURRICANE IKE, STAFF NEEDS PEOPLE WORKING WITH THEM INSTEAD OF PEOPLE WORKING AGAINST THEM, THE MANAGER READ INFORMATION FROM THE HANDOUT, STATED THAT HE WORKS . FOR ALL OF THE COUNCIL AND -TRIES TO KEEP THEM ALL INFORMED AS TO WHAT IS GOING ON, HE WISHED HE DIDN'T HAVE TO DO WHAT HE JUST DID,.HE DOESN'T TAKE PLEASURE IN DOING SO AND IT'S UNPRODUCTIVE Minutes — November 12, 2019 MAYOR AMES - STATED THAT SHE TAKES NO PLEASURE IN WHAT THE CITY MANAGER JUST HAD TO DO, THE REASON THAT THEY HAVE EXECUTIVE SESSIONS IS OUT OF RESPECT FOR INDIVIDUALS, TRULY BELIEVES IN THAT, IT'S UNFORTUNATE THAT THEY AREN'T ABLE TO DO THAT, THANKED ALL THE VETERANS AS YESTERDAY WAS VETERANS DAY, THERE WERE EVENTS THROUGHOUT THE CITY ON YESTERDAY, CONGRATULATED THOSE EMPLOYEES THAT RECEIVED 25 THROUGH 40 YEARS OF SERVICE, GAVE CONDOLENCES TO THE FAMILY OF MIKE "TUFFY" HAMILTON EXECUTIVE SESSION- CANCELLED * Consider matters related to the evaluation, duties or discipline of a public officer in accordance with Section 551.074 .of the Government Code to wit; specifically: Councilmember Michael D. Getz there being/no Executive Session, Council adjourned at 2:29 p.m. ayor Tina Broussard, City Clerk �d{ Veh1 UJ T— Minutes — November 12, 2019