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HomeMy WebLinkAboutMIN FEB 27 2018BEAUMONT T E X A S M I N U T E S- CITY OF BEAUMONT W.L. Pate, Jr., At -Large BECKY AMES, MAYOR At - Large Virginia H. Jordan, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel, Ward III FEBRUARY 27, 2018 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 February 27, 2018, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: 61 ► Nk Invocation Pledge of Allegiance Roll Call * Presentation and Recognition Public Comment: Persons may speak on scheduled agenda item No. 1 & 4/Consent Agenda * Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Josh Jean with Sojourn Community Church gave the invocation. Cornelius Williams son of Mayor Pro Tem, Gethrel Williams -Wright led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Councilmembers Jordan, Getz, Pate, Samuel and Mouton. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions 116th Annual Beaumont Family Portrait Luncheon" - February 28, 2018 - Proclamation read by Councilmember Mouton; accepted by Lindsey Ramey, Alzheimer's Association Regional Outreach Coordinator for Beaumont/Southeast Texas "Gift of Life Men's Health Awareness Day" — February 27, 2018 — Proclamation read by Councilmember Pate; accepted by Norma Sampson and others "Honoring Gethrel "Get" Williams -Wright" — Proclamation read by Mayor Ames; accepted by Cornelius Williams, son of Gethrel "Get" Williams -Wright Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Minutes — February 27, 2018 Public Comment: Persons may speak on scheduled agenda items 1 & 4/Consent Agenda None CONSENT AGENDA * Approval of minutes — February 20, 2018 Confirmation of committee appointments — None A) Authorize the City Manager to apply for and receive funding through the Department of Homeland Security Grant Program — Resolution 18-042 B) Approve the renewal of a lease agreement with Some Other Place — Resolution 18-043 C) Authorize the City Manager or his designee to execute all documents necessary, specifically including a Memorandum of Understanding between the United States Marshals Service and the Beaumont Police Department — Resolution 18-044 D) Authorize the City Manager to execute all documents necessary for an affiliation agreement between the City of Beaumont and Training Division.com = Resolution 18-045 E) Authorize the City Manager to execute all documents necessary for the Beaumont Convention and Visitors Bureau to apply for and accept grant funds from the Jefferson County Tourism Commission as part of a billboard advertising effort — Resolution 18-046 F) Approve the change of vendor in a previously approved purchase order for the purchase of four vehicles — Resolution 18-047 G) Authorize the City Manager to renew the loan agreement with the National Museum of the United States Air Force — Resolution 18-048 Councilmember Pate moved to approve the Consent Agenda. Councilmember Jordan seconded the motion. AYES: MAYORAMES, COUNCILMEMBERS JORDAN, GETZ, PATE, SAMUELAND MOUTON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Conduct an election of Mayor Pro Tempore. Article III, Section 6 of the City Charter states "The City Council shall elect one of its members as Mayor Pro Tempore for a one (1) year term. The Mayor Pro Tempore shall perform the duties of the Mayor in case of the absence or inability of the Mayor to perform the duties of his/her office, and, if a vacancy occurs, shall become Mayor for the unexpired term." Minutes — February 27, 2018 Councilmember Jordan moved to APPROVE A RESOLUTION THAT COUNCILMEMBER MOUTON IS ELECTED MAYOR PRO TEMPORE TO FILL THE UNEXPIRED TERM OF MAYOR PRO TEMPORE GETHREL WILLIAMS-WRIGHT. Councilmember Samuel seconded the motion. AYES: MAYORAMES, COUNCILMEMBERS JORDAN, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 18-049 2. Consider a Specific Use Permit to allow a cellular tower in a GC -MD (General Commercial - Multiple Family Dwelling) District located at 8496 Phelan Boulevard. Andrew Kasparek on behalf of Verizon Wireless is requesting a Specific Use Permit to allow the applicant to construct a cellular communications site including a 100 -ft. tall monopole tower, located on a 0.1391 acre lease site, at 8496 Phelan Blvd. The site plan does not show the required 8 -foot wood or masonry privacy fence or the 10 -foot landscaped buffer (required outside of the fence in this case) or dedicated parking for the lease site as required by ordinance. However, the site does meet the distance requirement from residentially zoned property and will be constructed to city and federal standards. The applicant states that this tower will help provide additional coverage and capacity to the customers in the area, and would be used for emergency services. Verizon is also requesting a waiver to the perimeter landscaping requirements. At a Joint Public Hearing held on February 19, 2018, the Planning Commission recommended 9:0 to approve a request for a Specific Use Permit to allow a new cellular tower in a GC -MD (General Commercial -Multiple Family Dwelling) District, located at 8496 Phelan Boulevard with the following conditions: Install an 8 -foot wood or masonry privacy fence around the lease site. 2. At such time that any brush or trees are removed outside of the lease site, a ten -foot wide landscaped buffer shall be installed outside of the 8 -foot fence for the entire perimeter of the lease site. 3. Provide off-street parking within lease area to meet City requirements. Approval of the ordinance with the following conditions: 1. Install an 8 -foot wood or masonry privacy fence around the lease site. 2. At such time that any brush or trees are removed outside of the lease site, a ten -foot wide landscaped buffer shall be installed outside of the 8 -foot fence for the entire perimeter of the lease site. 3. Provide off-street parking within lease area to meet City requirements. Minutes — February 27, 2018 Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CELLULAR TOWER IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT 8496 PHELAN BOULEVARD, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Jordan seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 18-006 3. Consider an amended Specific Use Permit to allow boat and RV storage in a GC -MD (General Commercial -Multiple. Family Dwelling) District located at 9695 College Street. College Street Storage, L.L.C. submitted a requestfora Mini Storage Facilityforthe property located at 9695 College Street in September of 2017. The request was for two (2) buildings, each with twenty-four (24) units designed for recreational vehicle (RV) and boat storage. The applicant would like to add an additional building to the request as demonstrated on the attached site plan. In October, the application was approved with the following condition: 1. Ten (10) foot wide landscaped buffer and an eight (8) foot wood or masonry screening fence are provided along the east, south and west property lines. In addition to the amended site plan to add a third building, the applicant is asking to wave the perimeter landscaping condition. At a Joint Public Hearing held on February 19, 2018, the Planning Commission recommended 9:0 to approve a request for an amended Specific Use Permit to allow boat and RV storage in a GC -MD (General Commercial -Multiple Family Dwelling) District, with the following conditions: 1. Ten (10) foot wide landscaped buffer and an eight (8) foot wood or masonry screening fence are provided along the south property line if the natural buffer is disturbed. 2. A perimeter landscaping buffer shall be required along the east side of the parking lot that faces towards a public right-of-way, as required by City Ordinance. Approval of the ordinance with the following conditions: Ten (10) foot wide landscaped buffer and an eight (8) foot wood or masonry screening fence are provided along the south property line if the natural buffer is disturbed. 2. A perimeter landscaping buffer shall be required along the east side of the parking lot that faces towards a public right-of-way, as required by City Ordinance. Minutes — February 27, 2018 Councilmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING AN AMENDED SPECIFIC USE PERMIT TO ALLOW BOAT AND RECREATIONAL VEHICLE STORAGE IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT 9695 COLLEGE STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 18-007 4. Consider an ordinance authorizing the participation by the City of Beaumont with other Entergy Texas service area cities in matters concerning Entergy before the Public Utility Commission of Texas and the Federal Energy Regulatory Commission in the year 2018. The City of Beaumont is statutorily given the responsibility of exclusive original jurisdiction over the rates, operation and services of Entergy Texas, Inc. (ETI), which provides electric utility services in the City of Beaumont. To ensure that ETI is providing fair, just and reasonable rates and efficient services to the area, the City of Beaumont continually assesses the ongoing efforts of ETI and the services it provides to the citizens of Beaumont. This is accomplished primarily through the combined efforts of the cities in the Entergy service area with similar jurisdictional responsibilities. The proposed ordinance allows the City of Beaumont to continue its participation as a member of the Steering Committee of cities within the ETI service area to monitor the operation and services provided by ETI to the citizens of Beaumont. The ordinance also authorizes the hiring of utility consultants and lawyers through the Steering Committee to facilitate the efforts of the service area cities. The reasonable expenses associated with rate related matters are reimbursable by the company (ETI) pursuant to the Public Utility Regulatory Act of Texas. Approval of an ordinance authorizing the City of Beaumont's participation with other Entergy Texas service area cities in matters concerning Entergy before the Public Utility Commission of Texas and the Federal Energy Regulatory Commission in the year 2018. Councilmember Jordan moved to ADOPT AN ORDINANCE OF THE CITY COUNCIL OF BEAUMONT, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY TEXAS, INC., AT THE PUBLIC UTILITY COMMISSION OF TEXAS IN 2018; AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AND AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE PUBLIC UTILITY COMMISSION OF TEXAS. Mayor Pro Tem Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, PATE AND SAMUEL I Minutes — February 27, 2018 NAYS: NONE MOTION PASSED Ordinance 18-008 WORK SESSION Review and discuss possible funding for the "buy-out," elevation and/or repair of homes damaged by Hurricane Harvey Chris Boone, Planning and Zoning Director, reviewed and discussed possible funding for the "buy-out," elevation and/or repair of homes damaged by Hurricane Harvey. Mr. Boone, stated that the damage impact from Hurricane Harvey has been reported to those on the State and Federal level. The City has retained Jeff Ward, with JSW and Associates to apply for and manage any available flood "buy-out" and/or elevation grant opportunities. Recently, the Governor announced $1.1 Billion in FEMA -Hazard Mitigation Grant Program (HMGP) funding. The state has not released rules and guidelines, but is now accepting "Notices of Intent" to apply. The HMGP program is expected to include, "Buy-outs" and/or elevations of "Substantially - Damaged" building, "Buy-outs" and/or elevation within the existing 100 flood plain, as well as "Buy-outs" and/or elevations in proposed 100 flood plain. The considerations would be that the match could be as much as 25%, and might allow "in-kind" matches of CDBG funds, or reduction from funds offered "to homeowners of the "Buy-out", all offers will be voluntary. For "Buy-outs" the City must mow forever and there might be "gaps" in the neighborhood. There was discussion of "Universe" of property by types; "substantially damaged" properties are currently estimated at forty-four (44), with an estimated value of $1,444,560, the match of 25% would be -$361,140. Properties in the current 100 - year flood plain is currently estimated at sixty-seven (67), with an estimated value of $4,132,750, the match of 25% would be $1,003,187. Properties in the proposed 100 - year flood plain is currently estimated at one hundred twenty-five (125), with an estimated value of $8,546,000, the match of 25% would be $2,136,500. The total number of properties is two hundred thirty-five, with an estimated total value of $14,123,310 with a match of $3,530,827. There may be some relocation cost as well. The next step would be to provide details on match and other rules as they become available. Based on information provided, City Council will let Administration know the preferred strategy. The final application will come back to City Council and at that time the Consultant will be in attendance to answer any further questions. There was additional discussion regarding those outside of the Flood Plain. The General Land Office (GLO) is working on an Action Plan which is currently $5 Billion. 80% will go to 16 most -affected Counties in Texas, Jefferson County is on the list, 90% of the funds will be for housing and 70% will need to benefit low -to -moderate income recipient areas. There will be an additional $90 Billion in Disaster Relief across the board, all of the money has yet to be released. Minutes — February 27, 2018 COMMENTS Public Comments (Persons are limited to three minutes) Joseph and Mary Williams 9380 Riggs St. Beaumont TX Spoke to Council regarding her neighbor, stated that she has attended numerous Acorn Neighborhood Association meetings, she has complained about this neighbor several times only to fall on deaf ears, nothing has ever been done to resolve this issue, numerous calls have been placed to the Beaumont Police Department about the neighbors criminal mischief at that residence, stated that at this time there is a diseased dead tree that is on the neighbor's property, the neighbor has numerous dead trees and the limbs keep failing on their roof and fence, these huge limbs have punctured through the backyard fence and have also fallen on their roof causing a tremendous amount of damage, stated that Code Enforcement has come out to their home only to be told that there was nothing that they could do, they have tried to speak with the neighbor with no avail, asked for any assistance in this matter Marian Pekar 5715 Sul Ross Beaumont TX Spoke to Council regarding the Best Years Center, stated that she has been a member for the last fifteen years as well as an instructor, stated that the programs are so impressive, the programs are designed for and by seniors, they teach every day to live healthy and to love your neighbor, the parking lot is full from 8:00 a.m. to 5:00 p.m., and the seniors are actively involved, stated that on last week through second hand information was informed that the Center will be moved from the Parks and Recreation Department to the Events Facility, also heard that the seniors would be charged for programs and membership, stated that the seniors should be included in the decisions that are being made Kathy Cloud 1425 Washington Beaumont TX Made comments regarding the Best Years Center, stated that when she first got there she was in a wheelchair and had given up on life, she had nothing to live for, stated that Ann Huckabee met her at the door with love and compassion, Ann made sure that she went to the right classes and programs, now she is out of her wheelchair and walking on her own and is driving, at the Best Years Center she finds love, compassion and a friendly smile, asked that Council not change the programs or anything that is done at the Center, also made comment about the gift shop that has now been shut down Ben Eaglin/Tanya Parker 4555 Calumet Dr. Beaumont TX /Linda Valyan/Patrick LeMelle Stated that they were representing their neighborhood, they live behind Toys R Us off of Comstock in the Jane Carr addition, there's an issue that they have been dealing with for over 20 years, every time there is a heavy rain there toilets won't flush, stated that on last week when there was a heavy rain they were without toilets for three days, in the past they have gone as long as a week with no toilets, have spoken with Fred Richardson, Molly Villareal for years about this issue, it's time for something to get done, staff came out did some work and it has gotten better after the line have been replaced, stated it's still taking 6 to 10 hours for the lines to drain after the rain, asked that something be done so the lines can drain quicker Minutes — February 27, 2018 Ava Graves 1090 Roberts Ave. Beaumont TX Shared one of her favorite quotes by Dr. Maya Angelou, stated that she is in love with Beaumont and the greatest assets is the citizens, thanked Council for all that they do, thanked them for their sacrifices, the sleepless nights, the tireless moments, the short vacations etc., wanted them to know that everything that they do is appreciated, also thanked them for the work that has been done on Roberts Ave., there is no place like the City of Beaumont Mark Taylor 2990 Texas St. Beaumont TX Thanked Council for all that they do, wanted to elaborate more on the Best Years Center and the changes that have been made without anyone being informed, everyone at the Center feels blindsided and betrayed, even the Director didn't realize the changes were taken place by moving the Center and putting it under the Events Facilities, they are hearing rumors and aren't being told what's really going to happen to the Center, if new programs are going to be added then that will cause a problem with parking, also wanted to know if you have to be a resident of Beaumont to attend the Center, those are questions that the Seniors have that need to be addressed Curtis Sharif 2405 Cartwright St. Beaumont TX Gave condolences to Mayor Pro Tem Wright's family as well as her fellow Councilmembers, spoke regarding several issues, the Best Years Center, damaged streets and drainage issues, thanked Council for the construction on Washington Blvd., would like to see the City have a strategic Streets and Drainage Program and come up with a plan where there are no more ditches Eric Bender 2770 110 E. Beaumont TX Stated that at the last meeting there was some comments about the North End having cancer and just the North End was suffering from that cancer, said that he doesn't agree with that, if the North End has cancer then the whole city does, made comments about the proposal that was done by the Texas A & M Dream Team, stated that it was very well done, addressed transportation needs, wanted to know if bike racks have been ordered for the bus stops, commented on shared road use, parks and trails, plants and greenery, stated that all of this can happen on the North End of town which is a beautiful -part of town, offering tax incentives for people to invest in the North End would also be a great idea Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER JORDAN - COMMENTED ON THE TRASH PICKUP THAT TOOK PLACE IN THE OAKS HISTORIC DISTRICT OVER THE WEEKEND, THERE WAS A GOOD TURNOUT, THANKED EVERYONE THAT PARTICIPATED, WANTED EVERYONE TO KNOW THAT THERE IS A NEW POLICE RECRUIT THAT WEIGHED 5 POUNDS/6 OUNCES Minutes — February 27, 2018 COUNCILMEMBER GETZ - ANNOUNCED THE ANNUAL DELI DAY FUND RAISER AT TEMPLE EMANUEL, 1120 BROADWAY, THURSDAY, MARCH 1, 2018, FROM 11:00 A.M. TO 1:00 P.M., THERE WILL BE TURKEY AND CORN BEEF SANDWICHES FOR SALE, IF ANYONE WOULD LIKE TO PURCHASE A TICKET, PLEASE CONTACT HIM AND HE WILL MAKE SURE YOU GET ONE COUNCILMEMBER PATE - CONGRATULATED COUNCILMEMBER MOUTON ON BEING SELECTED TO FULFILL THE REMAINDER OF THE MAYOR PRO TEM TERM FOR COUNCILMEMBER WRIGHT, THOUGHTS AND PRAYERS ARE WITH HER FAMILY, WE KNOW WHERE SHE IS, WE DIDN'T LOSE HER, STATED THAT THEY ALL HAVE A PLACE IN THEIR HEARTS FOR HER, HAPPY THEY ALL HAD THE OPPORTUNITY TO KNOW HER AND THE INFLUENCE SHE HAD ON SO MANY PEOPLE, ASKED ALL CITIZENS TO PRAY FOR THE CITY COUNCIL, POLICE AND FIRE, BELIEVES IN THE POWER OF PRAYER COUNCILMEMBER SAMUEL - STATED TO CORNELIUS WRIGHT AND HIS FAMILY THAT HE PRAYS GOD'S PEACE ON THEM FOR THE LOSS OF HIS MOTHER COUNCILMEMBER GETHREL WRIGHT MAYOR PRO TEM MOUTON - THANKED COUNCIL FOR ENTRUSTING HER TO CONTINUE AS MAYOR PRO TEM FOR HER FRIEND COUNCILMEMBER WRIGHT, STATED THAT SHE HAS BIG SHOES TO FILL, STATED TO CORNELIUS WILLIAMS THAT COUNCIL WILL CONTINUE TO PRAY FOR HIM AND HIS FAMILY, GAVE CONDOLENCES TO THE PERCY WILLARD AND THE PROVO FAMILY, THANKED THE SENIORS FOR ATTENDING THE MEETING ON TODAY, ANNOUNCED MARCH 5 —9,2018, WILL BE NATIONAL SCHOOL BREAKFAST WEEK, EVERY SCHOOL IN BISD WILL OFFER BREAKFAST FROM 6:50 A.M. TO 9:30 A.M., ENCOURAGED CITIZENS TO GO AND HAVE BREAKFAST WITH A FRIEND, A CHILD/GRANDCHILD OR RELATIVE OR JUST SEE HOW THE BREAKFAST PROGRAM WORKS CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - MADE COMMENTS TO CORNELIUS WILLIAMS REGARDING HIS MOTHER COUNCILMEMBER WRIGHT, STATED THAT SHE LOVED HER FAMILY AND WAS VERY PROUD OF ALL OF THEM, SHE ALWAYS MADE SURE THAT SHE LET EVERYONE KNOW THAT, ALSO MADE COMMENTS REGARDING THE BEST YEARS CENTER, THANKED ALL OF THOSE THAT ATTENDED THAT HAD CONCERNS, THINKS THAT THERE HAS BEEN SOME MIS- INFORMATION THAT NEEDED TO BE CLEARED UP, STATED THAT HE DID MOVE THE BEST YEARS CENTER UNDER THE EVENTS FACILITIES FROM PARKS AND RECREATION, STATED THAT THE MANAGER OF THE BEST YEARS CENTER RETIRED ON LAST WEEK, THE PROGRAMS THAT ARE IN PLACE NOW WILL Minutes — February 27, 2018 HOPEFULLY CONTINUE, BY LAW THE CENTER CANNOT BE GEARED TOWARDS JUST SENIORS IT HAS TO BE OPENED TO THE PUBLIC, THERE WILL BE NO FEES CONSIDERED, THERE WAS CHANGE TO THE GIFT SHOP DUE TO FINANCIAL REPORTING AND SOME AUDITING REASONS, STATED THAT HE WOULD SPEAK TO COUNCIL ABOUT THAT IN PRIVATE MAYOR AMES - THANKED EVERYONE FROM THE BEST YEARS CENTER FOR ATTENDING THE MEETING, STATED THAT THEY WILL TRY AND MAKE SURE THAT ACCURATE INFORMATION IS DELIVERED DIRECTLY FROM COUNCIL, REMINDED EVERYONE THAT THE TEXAS TRASH OFF WILL BE HELD ON APRIL 7, 2018, REGISTRATION HAS STARTED, CITIZENS CAN GO TO BEAUMONTTEXAS.GOV WEB SITE TO REGISTER, COMMENTED ON THE CELEBRATE FAMILIES LUNCHEON AND HOW WELL IT WAS ATTENDED, WAS INVITED TO SPEAK AT THE PROFESSIONAL ENGINEERS GROUP LUNCHEON WHICH WAS GREAT AND ALSO WELL ATTENDED, THOUGHTS AND PRAYERS GO OUT TO COUNCILMEMBER WRIGHT'S FAMILY Open session of meeting recessed at 3:53 p.m. EXECUTIVE SESSION * Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Govern ment'Code, to wit: Warehouse facility at 125 Magnolia Avenue Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Devine Beaumont Hospitality, LLC d/b/a Executive Inn Interflow Factors Corporation v. Valory Barnett Individually and dba PCLC Landscape Management and the City of Beaumont, Texas; No. 130641 Vere being nq action taken in Executive Session, Council ,Uj,Q,aed. Tina Broussard, City Clerk ,Minutes —February 27, 2018