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HomeMy WebLinkAboutMIN APR 24 2018T E X A S M I N U T E S- CITY OF BEAUMONT W.L. Pate, Jr., At -Large Virginia H. Jordan, Ward I Audwin Samuel, Ward III Tyrone E. Cooper, City Attorney BECKY AMES, MAYOR CITY COUNCIL MEETING APRIL 24, 2018 Kyle Hayes, City Manager William R. Sam, Sr., At -Large Michael D. Getz, Ward II Robin Mouton, Mayor Pro Tern 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, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING Invocation Presentation and Public Comment: Agenda * Consent Agenda Pledge of Allegiance Recognition Persons may speak on Roll Call scheduled agenda item No. 1, 10-1,3/Consent Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Beth Graham with First Christian Church gave the invocation. MayorAmes led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Mouton, Councilmembers Jordan, Getz, Sam, Pate and Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "National Safe Digging Month" - April, 2018 - Proclamation read by Mayor Pro Tern Mouton; accepted by Gary Chalk, District Director with CenterPoint Entergy "Youth Services Day" - April 20-26, 2018 - Proclamation read by Councilmember Jordan; accepted by Annie Bell, Project Coordinator for IEA, Latricia Coleman, Jefferson County Juvenile Probation; Angelica Avery, Executive Director of IEA, Linda Domino and Regina Rogers, "Older Americans Month" - May, 2018 - Proclamation read by Mayor Ames; accepted by Elaine Shellenberger, Director of Nutrition and Services along with Robin Troy and Tim Sudela "Fair Housing Month" - April, 2018 - Proclamation read by Councilmember Samuel; accepted by Chris Boone, Director of Community Development for the City of Beaumont Minutes = April 24, 2018 Public Comment: Persons may speak on scheduled agenda items 1, 10-13/Consent Agenda None CONSENT AGENDA * Approval of minutes — April 10, 2018 * Confirmation of committee appointments — None A) Authorize the City Manager to notify the Lower Neches Valley Authority (LNVA) of the City's desire to extend a five-year term agreement to secure an uninterrupted surface water supply for the City of Beaumont — Resolution 18-087 B) Authorize the settlement of the claim of Kenneth Thornell, Jr. — Resolution 18-088 r C) Authorize the acquisition of a fifteen -foot wide Exclusive Water Line Easement located 2295 Live Oak Street — Resolution 18-089 D) Approve a contract with Moncla's Inc. for the 2018 Summer Food Service Program — Resolution 18-090 E) Approve the purchase of Self Contained Breathing Apparatus for use by the Fire Department — Resolution 18-091 Councilmember Samuel moved to approve the Consent Agenda. Councilmember Jordan seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a resolution confirming the appointment of Earl White as Fire Chief by the City Manager. Chapter 143 of the Local Government Code requires that the department head of a fire department be appointed by the municipality's chief executive and confirmed by the municipality's governing body. More than 80 applications were received for the Fire Chief vacancy. On April 13, 2018, an interview committee, appointed by the City Manager, interviewed 13 excellent candidates. The committee consisted of Glen Morgan, Bart Owens, Ava Graves, Pastor Dwight Benoit, Lynda Kay Makin, Roy Steinhagen and Galen Key. The strong consensus of the Committee was that Earl White was the best candidate. Minutes —April 24, 2018 Councilmember Getz moved to APPROVE A RESOLUTION THAT THE APPOINTMENT BY THE CITY MANAGER OF EARL WHITE AS FIRE CHIEF FOR THE CITY OF BEAUMONT BE AND THE SAME CONFIRMED. Councilmember Jordan seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 18-081 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. 2. Consider a request to convert the private streets and other infrastructure to public ownership within the Woodpark Subdivision. James M. Simmons, President of Woodpark Homeowners Association, has requested that the City of Beaumont accept maintenance of the private streets known as Woodpark Street, Woodridge Lane, Windwood Lane, and their infrastructures. The City recently adopted a process for the conversion of private streets and other infrastructure to public ownership and maintenance (see attached). Also attached is an analysis of the condition of the existing private infrastructure, conducted by the Public Works Department. If this application is approved by City Council, an amended subdivision plat will be necessary to convey the property and infrastructure as well as accurately reflect rights-of-way and other public easements and facilities on the recorded plat. If approved, the applicant will need to submit an application for this amended subdivision plat. One additional issue to consider which common elements should be accepted, including alleyways, driveways, common areas parking and landscaped medians and recreational areas. Staff recommends that all streets, water, sewer and drainage facilities be conveyed for public ownership and maintenance, but that maintenance of all common areas, including alleys, parking areas, medians, play areas and other common areas, continue to be the responsibility of the Home Owners Association. At a Joint Public Hearing held on April 16, 2018, the Planning Commission recommended 9:0 to approve a request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont with the following conditions: 1. Require the submission and filing of a preliminary and final plat to be paid for by the applicants. 2. Identification of private common areas and facilities on the final plat and placement of a note on the final plat stating that maintenance of these areas is to be provided by the Home Owners Association. 3. Water meters must be installed according to Water Department specifications. Approval of the resolution with the following conditions: Minutes — April 24, 2018 1. Require the submission and filing of a preliminary and final plat to be paid for by the applicants. 2. Identification of private common areas and facilities on the final plat and placement of a note on the final plat stating that maintenance of these areas is to be provided by the Home Owners Association. 3. Water meters must be installed according to Water Department specifications. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL APPROVE THE REQUEST TO CONVERT THE PRIVATE STREETS AND OTHER INFRASTRUCTURE FOR WOODPARK SUBDIVISION TO PUBLIC OWNERSHIP WITH THE CONDITIONS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 18-082 3. Consider a request to convert the private streets and other infrastructure to public ownership within the Oak Trace Subdivision. Bernadette Toups, President of the Oak Trace Homeowners Association, has requested that the City of Beaumont accept maintenance of the private street known as Oak Trace, and its infrastructure. The City recently adopted a process for the conversion of private streets and other infrastructure to public ownership and maintenance (see attached). Also attached is an analysis of the condition of the existing private infrastructure, conducted by the Public Works Department. If this application is approved by City Council, an amended subdivision platwill be necessary to convey the property and infrastructure as well as accurately reflect rights-of-way and other public easements and facilities on the recorded plat. If approved, the applicant will need to submit. an application for this amended subdivision plat. One additional issue to consider which common elements should be accepted, including alleyways, driveways, common areas parking and landscaped medians and recreational areas. Staff recommends that all streets, water, sewer and drainage facilities be conveyed for public ownership and maintenance, but that maintenance of all common areas, including alleys, parking areas, medians, play areas and other common areas, continue to be the responsibility of the Home Owners Association. 11 At a Joint Public Hearing held on April 16, 2018, the Planning Commission recommended 9:0 to approve a request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont with the following conditions: 1. Require the submission and filing of a preliminary and final plat to be paid for by the applicants. Minutes —April 24, 2018 2. Identification of private common areas and facilities on the final plat and placement of a note on the final plat stating that maintenance of these areas is to be provided by the Home Owners Association. Approval of the resolution with the following conditions: 1. Require the submission and filing of a preliminary and final plat to be paid for by the applicants. 2. Identification of private common areas and facilities on the final plat and placement of a note on the final plat stating that maintenance of these areas is to be provided by the Home Owners Association. COuncilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL APPROVES THE REQUEST TO CONVERT THE PRIVATE STREETS AND OTHER INFRASTRUCTURE FOR THE OAK TRACE SUBDIVISION TO PUBLIC OWNERSHIP WITH THE CONDITIONS. Mayor Pro Tem Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 18-083 4. Consider a request to convert the private streets and other infrastructure to public ownership within the Sandlewood Subdivision. Morgan L. Hawkins, President of Sandlewood Trail Homeowners Association, has requested that the City of Beaumont accept maintenance of the private street known as Sandlewood Trail, and it's infrastructure. The City recently adopted a process for the conversion of private streets and other infrastructure to public ownership and maintenance (see attached). Also attached is an analysis of the condition of the existing private infrastructure, conducted by the Public Works Department. If this application is approved by City Council, an amended subdivision platwill be necessary to convey the property and infrastructure as well as accurately reflect rights-of-way and other public easements and facilities on the recorded plat. If approved, the applicant will need to submit an application for this amended subdivision plat. One additional issue to consider which common elements should be accepted, including alleyways, driveways, common areas parking and landscaped medians and recreational areas. Staff recommends that all streets, water, sewer and drainage facilities be conveyed for public ownership and maintenance, but that maintenance of all common areas, including alleys, parking areas, medians, play areas and other common areas, continue to be the responsibility of the Home Owners Association. At a Joint Public Hearing held on April 16, 2018, the Planning Commission recommended 9:0 to approve a request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont with the following conditions: Minutes —April 24, 2018 1. Require the submission and filing of a preliminary and final plat to be paid for by the applicants. 2. Identification of private common areas and facilities on the final plat and placement of a note on the final plat stating that maintenance of these areas is to be provided by the Home Owners Association. 3. Speed bumps are to be removed. Approval of the resolution with the following conditions: 1. Require the submission and filing of a preliminary and final plat to be paid for by the applicants. 2. Identification of private common areas and facilities on the final plat and placement of a note on the final plat stating that maintenance of these areas is to be provided by the Home Owners Association. 3. Speed bumps are to be removed. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL APPROVE THE REQUEST TO CONVERT THE PRIVATE STREETS AND OTHER INFRASTRUCTURE FOR SANDLEWOOD SUBDIVISION TO PUBLIC OWNERSHIP WITH THE CONDITIONS. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 18-084 5. Consider a request to rezone a portion of property in the 3300 block of East Lucas Drive from GC -MD (General Commercial -Multiple Family Dwelling) to GC -MD -2 (General Commercial -Multiple Family Dwelling -2). In April, staff conducted a rezoning study of properly at the intersection of East Lucas Drive and Helbig Road. The property in question was rezoned to GC -MD -2 (General Commercial - Multiple Family Dwelling - 2). This rezoning left a triangular shaped portion of ,GC -MD (General Commercial - Multiple Family Dwelling) property near the intersection of East Lucas Drive and Bigner Road. In the interest of not leaving this odd portion of zoning along East Lucas Drive, and at the request of Beaumont City Council, staff is_.recommend ing that the zoning be changed to GC -MD -2. At a Joint Public Hearing held on April 16, 2018, the Planning Commission recommended 8:0 to approve a request to rezone a portion of property in the 3300 block of East Lucas Drive. Minutes — April 24, 2018 Approval of the ordinance. Councilmember Sam moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED GC -MD (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING) DISTRICT TO GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT FORA PORTION OF PROPERTY LOCATED IN THE 3300 BLOCK OF EAST LUCAS DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEAL AND PROVIDING A PENALTY. Mayor Pro Tem Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION APPROVED Ordinance 18-016 6. Consider a request for a Rezoning from RS (Residential Single Family Dwelling) to RCR (Residential Conservation Revitalization) with a Specific Use Permit to allow a tax preparation office for property located at 1690 Chamberlin Drive. Jeff & Tonya Griffin are requesting a zone chanbe from RS (Residential Single Family Dwelling) to RCR (Residential Conservation Revitalization) for the property located at 1690 Chamberlin Drive. The Griffins are also requesting a Specific Use Permit to allow a tax preparation office at this location. In February, staff received reports from neighbors that a business had been established at this location. Further investigation revealed that the Griffins had indeed been using the property as a tax office since Mrs. Griffin's mother.passed away. Attempts to improve the parking situation alerted neighbors to this fact. The property is located adjacent to commercially zoned lots facing Washington Boulevard. As there is currently no buffer between the residentially zoned neighborhood and this commercial property, it would be reasonable to create a buffer of the property in question. RCR (Residential Conservation Revitalization) would allow for a handful of light commercial uses that require a Specific Use Permit. This would allow for conditions to protect the neighboring properties. In an effortto preserve the residential nature of the property, parking should be moved to the rear of the property. This will also provide more room for parking. In addition, screening should not extend past the front of the house, and the landscaped buffer would need to be waived to allow access to the rear yard where the driveway or parking exist. At a Joint Public Hearing held on April 16, 2018, the Planning Commission recommended 9:0 to approve a request for a Rezoning form RS (Residential Single -Family Dwelling) to RCR (Residential Conservation Revitalization) with a Specific Use Permit to allow a tax preparation office for property located at 1690 Chamberlin Drive with the following conditions: Minutes — April 24, 2018 Four (4) off street parking spaces will be required to meet City of Beaumont regulations. One of these spaces must be ADA compliant and van accessible. The ADA space and access isle must be paved. ADA compliant ramps must be installed. 2. Parking to be located at rear of property and front yard to be restored. 3. An eight (8) foot wood or masonry fence must be installed along the north property line from the front of the house to the rear. 4. Structure must be brought up to code for a commercial structure per City of Beaumont Building Codes. Approval of the ordinance with the following conditions: Four (4) off street parking spaces will be required to meet City of Beaumont regulations. One of these spaces must be ADA compliant and van accessible. The ADA space and access isle must be paved. ADA compliant ramps must be installed. 2. Parking to be located at rear of property and front yard to be restored. 3. An eight (8) foot wood or masonry fence must be installed along the north property line from the front of the house to the rear. 4. Structure must be brought up to code for a commercial structure per City of Beaumont Building Codes. Councilmember Getz moved to DENY AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 1690 CHAMBERLIN DRIVE, WITH THE CONDITIONS, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Jordan seconded the motion. AYES: NONE NAYS: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL , MOTION DENIED 7. Consider a request for a Specific Use Permit to allow a Residential Substance Abuse Treatment Facility in an RM -H (Residential -Multiple Family Dwelling -Highest Density) District for property located at 4655 Collier Street. TABLED Land Manor, Inc. is requesting a Specific Use Permit to allow a residential substance abuse treatment facility at 4655 Collier Street. The applicant states the facility would treat both males and females, but would most likely be occupied by adult or adolescent males. This location would be a 24-hour residential facility where the individuals live on a temporary basis. Several years ago, the property was used as a residential treatment facility, but had been converted to office space for the past 10 plus years. Therefore, a Specific Use Permit was required. The facility will accommodate up to 21 residents. Minutes — April 24, 2018 At a Joint Public Hearing held on April 16, 2018, the Planning Commission recommended 7:1 to approve a request for a request for a Specific Use Permit to allow a Residential Substance Abuse Treatment Facility in an RM -H. (Residential -Multiple Family Dwelling - Highest Density) District located at 4655 Collier Street with the following conditions: Thirty-two (32) off-street parking spaces will be required including two (2) ADA spaces, one being van accessible. ADA compliant access isle and ramps must also be installed. 2. Structure must be brought up to Fire code per occupancy. (IFC/City Ordinances). Approval of the ordinance with the following conditions: 1. Thirty-two (32) off-street parking spaces will be required including two (2) ADA spaces, one being van accessible. ADA compliant access isle and ramps must also be installed. 2. Structure must be brought up to Fire code per occupancy. (IFC/City Ordinances). 8. Consider a request for a Specific Use Permit to allow an assembly/warehouse/manufacturing facility in the CBD (Central Business District) for property located at 850 Fannin Street. Beaumont Manufacturing and Distribution Company, L.L.C. would like a Specific Use Permit to allow an assembly/warehouse/manufacturing facility at 850 Fannin Street. The property is located in the Central Business District of downtown Beaumont. The previous occupant was a printing company. The applicant states that there will be no actual manufacturing or machining taking place at this location. Assembly of the products will be the most intense use of the property. This assembly will only require hand tools and light air tools. Most noise will emanate from delivery trucks, and forklifts used to move merchandise. At a Joint Public Hearing held on April 16, 2018, the Planning Commission recommended 8:0 to approve a request for a request for a Specific Use Permit to allow an assembly/warehouse/manufacturing facility in the CBD (Central Business District) located at 850 Fannin Street. Approval of the ordinance. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN ASSEMBLY/WAREHOUSE/MANUFACTURING FACILITY IN THE CBD (CENTRAL BUSINESS DISTRICT) AT 850 FANNIN STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Jordan seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Minutes —April 24, 2018 Ordinance 18-017 9. Consider a request for a Specific Use Permit to allow a daycare facility in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District located in the 6300 block of Delaware Street. Stephen West is requesting a Specific Use Permit to allow a daycare center in the 6300 block of Delaware Street. Mr. West states the facility will provide care for a maximum of 295 students and will be staffed by a maximum of 48 employees. The largest shift would require 20 employees onsite-. Hours of operation will be Monday through. Friday, 6a.m. to 6:30p.m. and a concierge service will be utilized for drop off and pick up times, to assist in efficient use of parking areas and driving lanes. At a Joint Public Hearing held on April 16, 2018, the Planning Commission recommended 7:0 to approve a request for a request for a Specific Use Permit to allow a daycare facility in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District located in the 6300 block of Delaware Street with the following conditions: Plans must show three (3) required ADA parking spaces, one being van accessible, as well as access isles and the required ramp for access to the structure. 2. Landscaping shall be installed along the perimeter of the parking area at the right-of- way along with required parking islands to meet City of Beaumont regulations. Approval of the ordinance with the following conditions: Plans must show three (3) required ADA parking spaces, one being van accessible, as well as access isles and the required ramp for access to the structure. 2. Landscaping shall be installed along the perimeter of the parking area at the right-of- way along with required parking islands to meet City of Beaumont regulations. Councilmember Jordan moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT IS TO ALLOW A DAYCARE FACILITY IN A GC -MD -2 (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING -2) DISTRICT AT THE 6300 BLOCK OF DELAWARE STREET WITH THE CONDITIONS. Mayor Pro Tem Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 18-018 10. Consider amending Section 4.04.003 and Section 4.09.001 of the Code of Ordinances related'to Animal Care. There are two changes in the proposed ordinance. The first change is to clarify rabies vaccination requirements. Animals will be required to get a rabies vaccination by four (4) Minutes —April 24, 2018 months of age, get a booster within twelve (12) months, and then be revaccinated every three (3) years. These changes are consistent with state law. The second change is to increase the adoption fee for dogs from $120 to $130 and for cats from $90 to $100 in order to microchip them prior to adoption. With these changes, all shelter animals will be vaccinated, spayed or neutered, and microchipped prior to adoption. The Animal Care Advisory Committee met on April 5, 2018 to discuss these changes and are in support of them. Approval of ordinance. Councilmember Jordan moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 4, ARTICLE 4.04, SECTION 4.04.003 AND CHAPTER 4, ARTICLE 4.09, SECTION 4.09.0019(K) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO MAKE CHANGES RELATING TO RABIES VACCINATION AND ANIMAL CARE FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 18-019 11. Consider the second reading of the ordinance granting to Entergy Texas, Inc. the right, privilege and franchise to conduct within the City an electrical lighting and power business. The current Beaumont and Entergy Texas, Inc. ("ETI") franchise agreement term has expired and the franchise needs to be updated and renewed. The new agreement maintains most of the existing language and ETI's obligations for use of the public right of way within the City. The term of the franchise is twenty-five (25) years. There are several changes to the franchise. First, the annual rental payments by ETI to the City for use of the right of way are increased. Currently, ETI makes a base franchise payment once per year and incremental franchise payment four times per year on a quarterly basis. The incremental franchise rate has been increased resulting in total increased franchise revenues to the City of over $900,000 annually. The second franchise change is to include an inflation adjustment clause to adjust future franchise fee charges for changes in inflation over the life of the franchise agreement. This inflation factor will protect against declining franchise collections over the life of the franchise agreement. This is the second of three readings required to renew the ETI franchise. Approval of ordinance. Mayor Pro Tem Mouton moved to ADOPT AN ORDINANCE GRANTING TO ENTERGY TEXAS, INC. THE RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE CITY AN ELECTRICAL LIGHTING AND POWER BUSINESS; PROVIDING AN EFFECTIVE DATE UPON ACCEPTANCE IN WRITING BY ENTERGY TEXAS, INC. Councilmember Sam seconded the motion. Minutes —April 24, 2018 AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 18-020 1.2. Consider a resolution authorizing the City Manager to execute a lease agreement with Industrial Rescue Instructions Systems, Inc. (dba IRFT Investments, LLC) for use of the Fire Training Grounds. The Beaumont Fire Training Grounds was created in the late 1960's for training the City's firefighters. Over the years it has become a multi -faceted training center for industry, volunteer and municipal fire departments. Through courses offered, students have received accreditation in industrial and hazardous materials training and firefighting technology. The Fire Training Grounds were previously leased by the Industrial Safety Training Council (ISTC). On October 10, 2017, Council approved the termination of the lease with Resolution 17-210. Proposals to lease the Fire Training Grounds were solicited from five vendors. One response was received from IRFT Investments, LLC of Beaumont. IRFT has agreed to a monthly base rental of eight thousand dollars ($8,000) with a thirty (30) yearterm. A panel of City staff met and evaluated the response. Approval of the resolution. Mayor Pro Tem Mouton moved to TO APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES AWARDING A THIRTY (30) YEAR LEASE AGREEMENT TO INDUSTRIAL RESCUE INSTRUCTIONS SYSTEMS, INC. (DBA IRFT INVESTMENTS, LLC), OF BEAUMONT, TEXAS, FOR THE MANAGEMENT AND OPERATION OF THE BEAUMONT FIRE TRAINING GROUNDS LOCATED ON MARINA DRIVE AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH INDUSTRIAL RESCUE INSTRUCTIONS SYSTEMS, INC., (DBA IRFT INVESTMENTS, LLC), OF BEAUMONT, TEXAS. Councilmember Jordan seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 18-085 13. Consider a resolution authorizing the City Manager to execute Change Order No.2 for the Washington Boulevard Project (Loma Lane east to IH -10). Minutes — April 24, 2018 The City of Beaumont has received funds, under the Congressional High Priority funding category, to reconstruct Washington Boulevard from Langham Road to FM 364 (Major Drive). On December 13, 2016, by Res. No. 16-253, Amendment No. 1 was authorized by City Council to change the project scope to Washington Boulevard from Loma Lane east to IH - 10. Previous TxDOT Change Order No. 1, was needed to make changes to the project detour plans. No change was made to the contract amount. Proposed Change Order No. 2, in the amount of $160,516.80, which also includes an Engineering and Contingency charge is requested by TxDOT to modify the pavement cross- section design. If approved, the contract would increase 9% and the new contract amount would be $1,851,398.80. Approval of resolution. Councilmember Jordan moved TO APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1 FOR ADDITIONAL WORK, THEREBY INCREASING THE CONTRACT AMOUNT BY $160,516.80, FOR A TOTAL CONTRACT AMOUNT OF $1,851,398.80 FOR THE WASHINGTON BOULEVARD PROJECT._ Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 18-086 PUBLIC HEARING Receive comments related to terminating the solid waste collection and transportation service franchise agreement granted to Impact Waste, LLC. - Cancelled 14. Consider repealing Ordinance No. 17-017 terminating the solid waste collection and transportation service franchise agreement granted to Impact Waste, LLC. - Pulled By Ordinance No. 17-017, dated March 21, 2017, the City Council approved the transfer of a franchise for solid waste collection and transportation services from Industrial Transportation Waste, LLC to Impact Waste, LLC. The franchise states that the company will observe all city, county, state and federal laws regulating the collection and disposal of solid waste. Impact Waste, LLC has used the city landfill for some" time for the disposal of its collected waste. City Code Section 22.05.214 provides for a landfill disposal fee for disposal of waste in the city landfill. Impact Waste, LLC is currently delinquent in the payment of landfill fees in the amount of $21,723.50. It has been as much as $80,293.75 in arrears for the nonpayment of landfill fees in the past year. Failure to pay disposal fees as prescribed by the Code of Ordinances is a violation of its franchise. The franchise, at Section 11, states that... "in the event that any provision of this franchise Is Minutes —April 24, 2018 violated by the company, the city may serve written notice upon the company of its intention to terminate the franchise." Impact Waste, LLC has been provided written notice of the intent of the city to terminate the franchise in accordance with the agreement. After the required public hearing, it is recommended that Ordinance No. 17-017 be repealed terminating the solid waste collection franchise presently held by Impact Waste, LLC. * Public Comments (Persons are limited to three minutes) Stephen Hoffman 7045 Blarney St. Beaumont TX Spoke to Council pertaining to Item #7 on the Agenda; 4655 Collier regarding how to get the notification out to the neighbors, thought about "Next Door", stated that this meeting could be broadcast on "Next Door" this would allow the message to get around the ownership issue of the letter going to the corporate offices, the issue would be to identify if this neighborhood was setup to utilize "Next Door" Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS MAYOR PRO TEM MOUTON - STATED THAT IT WAS A BUSY WEEKEND, IN HER WARD THERE WAS THE GREATER SOUTH PARK NEIGHBORHOOD PARTNERSHIP WITH NEIGHBORS IN THE PARK, THERE WAS A GREAT TURNOUT, COMMENTED ON THE BUTTERFLY RELEASE, THE CHRISTUS SOUTHEAST TEXAS FOUNDATIONS 38TH ANNUAL GALA, STATED THAT ON SATURDAY SHE HAD THE PRIVILEGE OF READING A PROCLAMATION FOR MR. PETER BIRD WHO CELEBRATED HIS 100TH BIRTHDAY, HE IS ALSO A COUSIN OF COUNCILMEMBER SAMUEL, ON SUNDAY PASTOR DWIGHT BENOIT CELEBRATED 23 YEARS OF SERVICE SAVING SOULS AND PASTOR EDISON COLBERT, WHO IS HER PASTOR ALSO CELEBRATED 25 YEARS OF SERVICE FOR SAVING SOULS COUNCILMEMBER SAMUEL - CONGRATULATED HIS COUSIN PETER BIRD ON HIS 100TH BIRTHDAY CELEBRATION, ALSO PASTOR DWIGHT BENOIT ON CELEBRATING 23 YEARS OF SERVICE TO THE COMMUNITY, AS WELL AS MOVING BACK INTO THEIR CHURCH AFTER DAMAGE FROM HURRICANE HARVEY, STATED THAT HE DID SEND REGRETS TO PASTOR BENOIT ON BEHALF OF THE MAYOR IN HER ABSENCE, COMMENTED ON HIS FILLING IN FOR COUNCILMEMBER PATE AT THE LIONS CLUB, STATED THAT HE IS NOW A MEMBER OF THE LIONS CLUB COUNCILMEMBER PATE - HAD AN OPPORTUNITY TO VISIT WITH THE FRENCH HIGH SCHOOL CLASS OF 1957, GAVE CONDOLENCES TO THE FAMILY OF WORLD WAR II VETERAN, CHARLIE HENSON, AS WELL AS THE FAMILY OF DR. MIKE HIGGINS, MADE MENTION OF THE PASSING OF FORMER FIRST LADY BARBARA BUSH Minutes—April 24, 2018 COUNCILMEMBER SAM - STATED THAT HE ATTENDED THE CONVENTION AND VISITORS BUREAU BOARD MEETING, THE POLICE ADVISORY BOARD MEETING, THE PINNING OF THE FIRE DEPARTMENT EMPLOYEES THAT ARE BEING PROMOTED AND THOSE THAT ARE RETIRING, THE TYRRELL PARK NEIGHBORHOOD ASSOCIATION MEETING AND THE HIDDEN VALLEY NEIGHBORHOOD ASSOCIATION MEETING, ALSO HAD A GREAT TIME AT ALICE KEITH PARK, CONGRATULATED MR. PETER BIRD ON HIS 100TH BIRTHDAY CELEBRATION, AS WELL AS CONGRATULATIONS TO PASTOR BENOIT ON 23 YEARS OF SERVICE TO THE COMMUNITY AND TO HIS CHURCH FAMILY COUNCILMEMBER GETZ - EXTENDED HIS CONGRATULATIONS TO EARL WHITE ON BEING THE NEW FIRE CHIEF, ANNOUNCE THE SOUTHLAND CONFERENCE TENNIS TOURNAMENT THAT WILL BE HELD AT THE TENNIS COMPLEX, THIS TOURNAMENT IS FREE TO THE PUBLIC, LAMAR UNIVERSITY WILL ALSO BE A PART OF THE TOURNAMENT, COMMENDED DR. MAJDALANI AND STAFF IN THE WATER DEPARTMENT FOR FAST ATTENTION TO TWO BLOW OUTS IN THE JUNKER NEIGHBORHOOD, STAFF WORKED THROUGHOUT THE NIGHT TO RESTORE SERVICE TO THE CITIZENS COUNCILMEMBER JORDAN - COMMENTED ON THE POLICE ADVISORY BOARD MEETING SHE ATTENDED AS WELL AS THE CONVENTION AND VISITORS BUREAU BOARD MEETING, STATED THAT A NEW BUS WRAP IS COMING THAT WILL PUBLICIZE CATTAIL MARSH WITH PICTURES ETC., MENTION THE HIDDEN VALLEY NEIGHBORHOOD ASSOCIATION, MOST OF THE CITIZENS ARE MOVING BACK INTO THEIR HOMES, UPDATED COUNCIL ON THE TRAFFIC BOXES, THEY UP TO 80 INTERSECTIONS SPOKEN FOR, ALSO THE TEXAS COUNTRY REPORTERS WILL BE IN BEAUMONT TO A SPECIAL SEGMENT OF THE TRAFFIC BOX PAINTINGS CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - SPOKE REGARDING THE NAVIGATION OF THE NECHES THAT WAS SPEARHEADED BY THE BEAUMONT CHAMBER AND OTHER VOLUNTEERS, THERE WAS WELL OVER 40 LEGISLATURES AND STAFF THAT ATTENDED, THE FIRST DAY OF THE EVENT WAS HELD AT THE PORT OF BEAUMONT, THE SECOND DAY THE GROUPS SPLIT INTO TWO GROUPS, ONE GROUP COULD GO KAYAKING AND THE OTHER GROUP CRABBING 101, AFTERWARDS THERE WAS A TOUR OF THE INDUSTRY WHICH WAS ON THE RIVER, THE LAST DAY WAS ON HEALTH CARE, THE EVENT WAS AN AWESOME EVENT, ALSO GAVE A SHOUT OUT TO MS. HELEN NOVAK WHO RESIDES AT ATRIA COLLIER PARK WHO WILL BE CELEBRATING HER 100TH BIRTHDAY ON Minutes —April 24, 2018 THURSDAY, ANNOUNCED TWO PUBLIC HEARINGS ONE ON THURSDAY, APRIL 26, 2018 AND MAY 1, 2018, THAT WILL BE HELD BY TXDOT WHO IS WANTING TO CLOSE THE DELAWARE EXIT OFF OF 1-10, THE PUBLIC HEARINGS WILL TAKE PLACE AT ROY GUESS ELEMENTARY SCHOOL, STARTING WITH AN OPEN HOUSE FROM 5:30 P.M. TO 6:30 P.M., AND THE PUBLIC HEARING FROM 6:30 P.M. TO 7:30 P.M. Open session of meeting recessed at 3:37 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 Government Code, to wit: Various properties bordered by Main Street; Bowie Street; Pearl Street and Liberty Avenue * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of St. Giles Group Home Claim of Ebony Jenkins Thome being no aption taken in Executive Session, Council adjourned. I: - 1�m s Tina Broussard, City Clerk 0 Minutes —April 24, 2018