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HomeMy WebLinkAboutMIN JUN 26 2018T E X A S M I N U T E S- CITY OF BEAUMONT W.L. Pate, Jr., At -Large BECKY AMES, MAYOR William R. Sam, Sr., At -Large Virginia H. Jordan, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel, Ward III JUNE 26, 2018 Robin Mouton, Mayor Pro Tern 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, 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 item No. 8 & 9/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor David Moore with North Point Community Church gave the invocation. Mayor Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Mouton, Councilmembers Jordan, Getz, Pate and Samuel. Absent: Councilmember Sam. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions None Public Comment: Persons may speak on scheduled agenda items 8 & 9/Consent Agenda Domingo Torres 1207 Laurel Beaumont TX Spoke regarding Item C on the Consent Agenda; approval of a resolution accepting a payment to release multiple weed liens attached to property located at 825 Isla Street CONSENT AGENDA * Approval of minutes — June 19, 2018 * Confirmation of committee appointments — None A) Approve the purchase of two pumps from PEMSCO of Beaumont for use at the Irving Avenue underpass — Resolution 18-140 Minutes — June 26, 2018 B) Approve the renewal of an annual support agreement with Creative Switching Designs, Inc. related to the City's ShoreTel phone system — Resolution 18-141 C) Approve a resolution accepting a payment to release multiple weed liens attached to property at 825 Isla Street — Resolution 18-142 D) Approve a payment to Motorola for a maintenance agreement to support the 800 MHz radio system — Resolution 18-143 E) Authorize the settlement of the claim of David Lee — Resolution 18-144 F) Authorize the settlement of the claim of Linda Lee — Resolution 18-145 G) Authorize the settlement of the claim of Jormanny Williams and Samuel Thibodeaux — Resolution 18-146 H) Authorize the settlement of the claim of Walter Mayfield — Resolution 18-147 Councilmember Samuel moved to approve the Consent Agenda. Mayor Pro Tem Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a request for a Rezoning from NC (Neighborhood Commercial) District to RM -H (Residential Multiple Family Dwelling -Highest Density) or a more restrictive District for property located at 95 South Major Drive. Gerald Condon has requested a rezoning from NC (Neighborhood Commercial) District to RM -H (Residential Multiple Family Dwelling -Highest Density) for the property located at 95 South Major Drive. Mr. Condon is selling this property to a company who hopes to build an apartment complex at this location. At a Joint Public Hearing held on June 18, 2018, the Planning Commission recommended 9:0 to rezone from NC (Neighborhood Commercial) District to RM -H (Residential Multiple Family Dwelling -Highest Density) or a more restrictive District for property located at 95 South Major Drive. Approval of the ordinance. Councilmember Jordan 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 DISTRICT, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, Minutes — June 26, 2018 BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED NC (NEIGHBORHOOD COMMERCIAL DISTRICT TO RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 95 SOUTH MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 18-028 2. Consider a request for a Rezoning from RM -H (Residential Multiple Family Dwelling -Highest Density) to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive District for property located at 2680 North 11th Street. John Wilson has requested a rezoning from RM -H (Residential Multiple Family Dwelling - Highest Density) to GC -MD (General Commercial -Multiple Family Dwelling) District for a portion of the property located at 2680 North 11th Street. Mr. Wilson would like to use the property for a new restaurant. While the front of the property is zoned GC -MD (General Commercial -Multiple Family Dwelling), the rear portion of the property is zoned RM -H (Residential Multiple Family Dwelling - Highest Density). A restaurant is not permitted in RM -H zoning. Planning staff recommends rezoning of the property to GC -MD -2 (General Commercial - Multiple Family Dwelling -2). This zoning would require submittal of a Specific Use Permit and offer a buffer for the residential properties located to the north and east. At a Joint Public Hearing held on June 18, 2018, the Planning Commission recommended 9:0 to rezone from RM -H (Residential Multiple Family Dwelling -Highest Density) to GC -MD -2 (General Commercial -Multiple Family Dwelling -2 for property located at 2680 North 11th Street. Approval of the ordinance. Councilmember Jordan 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 RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT TO GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT FOR PROPERTY LOCATED AT 2680 NORTH 11T" STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, PATE AND SAMUEL Minutes — June 26, 2018 NAYS: NONE MOTION PASSED Ordinance 18-029 3. 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. 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 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. At a Joint Public Hearing held on April 16, 2018, the Planning Commission recommended approval with conditions, but at the City Council meeting held April 24, 2018, concerns were expressed that security had not been fully discussed for this item. City Council voted to return the item to the next Planning Commission meeting for further review. At a Joint Public Hearing held on June 18, 2018, the Planning Commission recommended 8:1 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). 3. Operator must provide adequate security for this facility. 4. Facility will treat only male adolescents from ages 12-17. 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) 3. Operator must provide adequate security for this facility. 4. Facility will treat only male adolescents from ages 12-17. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RESIDENTIAL SUBSTANCE ABUSE TREATMENT FACILITY IN AN RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT AT 4655 COLLIER STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tem Minutes — June 26, 2018 Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 18-030 4. Consider a request for a Specific Use Permit to allow the expansion of a church in a HI (Heavy Industrial) District for property located at the southwest corner of Rust Street and 13th Street. This Item was Deferred Richard Faust of Faust Engineering and Surveying, Inc. is requesting a Specific Use Permit to allow the expansion of a church at the southwest corner of Rusk and 13th Street. The property is zoned HI (Heavy Industrial) and requires a Specific Use Permit for a church. Mr. Faust states that the church plans to add a fellowship hall, classrooms and related parking. All utilities are available and a new fire hydrant will be installed by the city, at the applicant's expense. At a Joint Public Hearing held on June 18, 2018, the Planning Commission recommended 9:0 to approve a request for a Specific Use Permit to allow the expansion of a church in an HI (Heavy Industrial) District located at the southwest corner of Rusk and 13th Street. 5. Consider a request for a Specific Use Permit for a new shopping center (applicant is requesting restaurants, retail, insurance agents/carriers, health and professional or personal services) in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located at 3529 Major Drive. Richard Faust of Faust Engineering and Surveying, Inc. is requesting a Specific Use Permit to allow a new shopping center just south of 3529 Major Drive. This property was annexed in 2016 and zoned to GC -MD -2 (General Commercial - Multiple Family Dwelling - 2) earlier this year. All development on this portion of the west side of Major Drive was existing when the annexation took place. Mr. Faust states that possible uses may include restaurants, retail, insurance agents/carriers and health, professional or personal services. The site will include up to twelve (12) lease spaces. All utilities are available along North Major Drive and the developer states that drainage will be provided by TXDOT (Texas Department of Transportation). At a Joint Public Hearing held on June 18, 2018, the Planning Commission recommended 9:0 to approve a request for a Specific Use Permit for a new shopping center in a GC -D-2 (General Commercial -Multiple Family Dwelling -2) District for property located at 3529 Major Drive with the following conditions: 1. A six (6) foot wide landscaping edge or buffer shall be required along the parking lot that faces towards Major Drive, to meet Ordinance requirements. Minutes —June 26, 2018 2. Preapproved uses are limited to restaurant, retail and professional office space. 3. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services. 4. Sidewalk must be provided along Major Drive. Approval of the ordinance with the following conditions: 1. A six (6) foot wide landscaping edge or buffer shall be required along the parking lot that faces towards Major Drive, to meet Ordinance requirements. 2. Preapproved uses are limited to restaurant, retail and professional office space. 3. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services. 4. Sidewalk must be provided along Major Drive. Councilmember Jordan moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SHOPPING CENTER IN A GC -MD -2 (GENERAL -MULTIPLE FAMILY DWELLING -2) DISTRICT AT 3529 MAJOR DRIVE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 18-031 6. Consider a request for a Specific Use Permit to allow a restaurant in a NC (Neighborhood Commercial) District for property located at 3695 Calder Avenue. Jessi Ly is requesting a Specific Use Permit to allow a restaurant in an existing shopping center located at 3695 Calder Avenue. Ms. Ly owns a food preparation business in Nederland. She is expanding her business to Beaumont and would like to be able to provide her customers with a place to sit down and enjoy the foods currently offered for purchase. All food preparation will be completed at the Nederland location. At a Joint Public Hearing held on June 18, 2018, the Planning Commission recommended 9:0 to approve a request for a Specific Use Permit to allow a restaurant in a NC (Neighborhood Commercial) District for property located at 3695 Calder Avenue with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre-treatment program. Minutes — June 26, 2018 2. City ordinances and International Fire Code 2015 to be observed. Approval of the ordinance with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre-treatment program. 2. City ordinances and International Fire Code 2015 to be observed. Councilmember Jordan moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RESTAURANT IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT AT 3695 CALDER AVENUE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 18-032 7. Consider a request for an amended Specific Use Permit to allow a Tire repair, tire sales and auto repair establishment in a NC (Neighborhood Commercial) District for property located at 2795 Eastex Freeway Cut and paste from Agenda. For many years, the property was the location of a service station. That business closed in the late 1990's. In June, 2005, City Council approved a Specific Use Permit to allow an auto repair shop and car wash on the subject property. That business was no longer in existence when Mr. Sipaque made application to use the property for the sale and repair of used tires. In September of 2011, City Council approved a Specific Use Permit to allow a tire repair and tire sales establishment at 2795 Eastex Freeway, with conditions. At a Joint Public Hearing held on June 18, 2018, the Planning Commission recommended 8:1 to approve a request for an Amended Specific Use Permit to allow a tire repair, tire sales and auto repair establishment located at 2795 Eastex Freeway with the following conditions: 1. All inventory display and tire repair and installation shall be done within the confines of the existing building. 2. No motor vehicle sales shall be permitted. 3. Elimination of the eastern -most drive on Delaware, replacing it with a landscaped island and four (4) crepe myrtles trees. 4. No more than 14 vehicles are stored at the property in addition to what is in the 3 bays. 5. Provide a standard van accessible access isle along with one ADA compliant parking spot. Minutes — June 26, 2018 Approval of the ordinance with the following conditions: 1. All inventory display and tire repair and installation shall be done within the confines of the existing building. 2. No motor vehicle sales shall be permitted. 3. Elimination of the eastern -most drive on Delaware, replacing it with a landscaped island and four (4) crepe myrtles trees. 4. No more than 14 vehicles are stored at the property in addition to what is in the 3 bays. 5. Provide a standard van accessible access isle along with one ADA compliant parking spot. Councilmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW A TIRE REPAIR, TIRE SALES AND AUTO REPAIR ESTABLISHMENT IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT AT 2795 EASTEX FREEWAY, 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 18-033 8. Consider a resolution approving a six-month contract for the purchase of sodium hydroxide from Brenntag Southwest, Inc. of Lancaster, TX for use by the Water Utilities Department. Sodium hydroxide is used to purify the City's water supply. The Water Utilities Department expects to purchase approximately five hundred (500) dry tons of this material during the term of the contract. Formal bids were requested from nine vendors and three responses were received. Brenntag Southwest, Inc, responded with a bid of $663.00 per ton and a total estimated amount of $331,500. Specifications allow for a six-month contract with the option of two renewals of six-month terms at the same pricing as the awarded contract. Brenntag Southwest, Inc., has previously held this contract. There are no local vendors of this commodity. Funds will come from the Water Utilities Fund. Approval of the resolution. Councilmember Jordan moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY BRENNTAG SOUTHWEST, INC., OF LANCASTER, TEXAS, FOR A SIX (6) MONTH CONTACT, WITH THE OPTION OF TWO (2) RENEWALS OF SIX (6) MONTH TERMS AT THE SAME PRICING AS THE AWARDED CONTACT, FOR THE PURCHASE OF SODIUM HYDROXIDE IN THE UNIT PRICE FOR AN ESTIMATED TOTAL EXPENDITURES OF $331,500.00 BE ACCEPTED BY THE CITY OF BEAUMONT AND THAT THE CITY MANAGER BE AND HE IS Minutes — June 26, 2018 HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH BRENNTAG SOUTHWEST, INC. Mayor Pro Tem Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 18-148 9. Consider a resolution authorizing the City Manager to award a contract to Gulf Coast Electric Company, Inc. of Beaumont for the Electrical Repairs to Loeb Water Well No. 1 Site -Phase I. Loeb Water Well No. 1 site experienced severe flooding during Tropical Storm Harvey. The project will provide electrical improvements and repairs which include the installation of a concrete slab, motor starter to the existing high service pump on site, as well as the installation of conduit runs. On June 21, 2018, one (1) formal bid was received. The bid total is indicated in the table below: Contractor Location Bid Gulf Coast Electric Co., Inc. I Beaumont, Texas $133,000 The Engineer's estimate for this project is $175,000. On June 21, 2018, the City's engineering consultant, LJA Engineering, Inc., of Beaumont, Texas, provided the City with a letter recommending award to Gulf Coast Electrical Co., Inc. Public Works Engineering is in agreement with the consultant's recommendation. Funding will come from the Harvey Fund. Approval of the resolution. Councilmember Jordan moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO GULF COAST ELECTRIC COMPANY, INC., OF BEAUMONT, TEXAS, IN THE AMOUNT OF $133,000.00 TO FURNISH ALL LABOR, MATERIALS, EQUIPMENT, AND SUPPLIES FOR THE ELECTRICAL REPAIRS TO THE LOEB WATER WELL NO. 1 SITE — PHASE 1 PROJECT AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH GULF COAST ELECTRIC COMPANY, INC., OF BEAUMONT, TEXAS. Mayor Pro Tem Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Minutes — June 26, 2018 Resolution 18=149 PUBLIC HEARING Dangerous Structures Public Hearing Open: 1:54 p.m. Public comments were made by the following people who personally appeared and requested additional arrangements for their property. Heather & Joey Smith 2435 Long St. Beaumont TX Item #6 2435 Long Street Ellen McIntosh 2477 Long St. Item #6 (Complaint regarding 2435 Long St.) Melinda McWhite 2471 Long St. Item #6 (Complaint regarding 2435 Long St.) Public Hearing Close: 2:19 p.m. Beaumont TX Beaumont TX 10. Consider an ordinance to declare the following ten (10) structures to be unsafe structures and order the owners to raze the said structures within ten (10) days. If the property owner fails to comply within ten (10) days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. 1. 280 Briggs & aux bldg 2. 4276 Congress 3. 3450 Euclid & aux bldg 4. 1208 Gilbert 5. 1250 Live Oak (garage apt) 6. 2435 Long & aux bldg 7. 5130 Oriole 8. 745 Pollard 9. 2165 Potts & garage 10.1843 Rivercrest (aux bldg only) These structures have been inspected by the Building Codes Division and found to be unsafe structures as defined by the City of Beaumont's Code of Ordinances, Chapter 24, Article 24.04 Unsafe Substandard Structures, Division 1, Sec. 14.04.001 of the 2015 International Property Maintenance Code. Additionally, these structures have deteriorated to a condition that they are no longer considered suitable for repair. Minutes — June 26, 2018 City may incur the cost of demolition. Sources may include the General Fund and Community Development Block Grant (CDBG) funding. Approval of the ordinance. Councilmember Jordan moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FINDING ALL STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION. Councilmember Getz seconded the motion. AYES: COUNCILMEMBERS JORDAN AND GETZ NAYS: MAYOR AMES, COUNCILMEMBERS PATE, MOUTON AND SAMUEL MOTION FAILED Councilmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FINDING ALL STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AS WELL AS ALLOWING THE PROPERTY OWNER OF ITEM #6 TO ENTER INTO A 150 DAY WORK PROGRAM ON THE DANGEROUS STRUCTURE LIST, PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS PATE, MOUTON AND SAMUEL NAYS: COUNCILMEMBERS JORDAN AND GETZ MOTION PASSED Ordinance 18-034 WORK SESSIONS * Review and discuss amending the Code of Ordinances to prohibit the parking of vehicles in unpaved areas of yards, with some exceptions (Requested by Councilmembers Jordan and Pate) Chris Boone, Planning and Zoning Director, reviewed and discussed amending the Code of Ordinances to prohibit the parking of vehicles in unpaved areas of yards, with some exceptions. Mr. Boone stated that in the 1940's the average family had at most, one car. Today the average family owns two cars, while 1/3 of families own three or more cars. Many Cities do not allow parking on grass in front or side yards unless, it's on a hard surface or gravel with fixed border (with little expansions) or screened by a fence. Other options were discussed such as: To keep the current ordinance Minutes — June 26, 2018 2. Adopt common regulations of only allowing parking on hard surfaces 3. Adopt regulations prohibiting parking on grass, but exempt homes with narrow driveways Parking of vehicles except as otherwise provided for in the Section as well as those parking restrictions within the HistoricCultural Landmark Preservation Overlay District and the Neighborhood Design Overlay District, it shall be unlawful for any person to park or to allow to be parked upon any property under his or her control any automobile, truck, bus, motorcycle, motorhome, camper, trailer or boat on any front, side or rear yard of any property used for residential purposes, except on a paved surface as defined. Exceptions: this section shall not apply to: Lots with a single driveway with a width, measured at a point between the main building and the street, less than or equal to twelve (12) feet; or When parked on any side yard when such vehicle is screened from view from any public street by a screening fence; or When parked on any rear yard which is not adjacent to one or more street corners; or When parked on any rear yard when such vehicle is screened from view from any public street by a screening fence Mr. Boone gave the definition of a paved surface, which is asphalt paving, concrete paving, paving stones or gravel bordered by a solid concrete, brick or paver curbing to contain the gravel within the parking area. Review and discuss amending the Code of Ordinances to facilitate the Trap - Neuter -Return (TNR) of feral cats Chris Jarmon, Executive Assistant to the City Manager, reviewed and discussed amending the Code of Ordinances to facilitate the Trap -Neuter -Return (TNR) of feral cats. Mr. Jarmon stated that Trap -Neuter -Return (TNR) is a program in which feral cats are trapped, vaccinated, sterilized, ear tipped for identification purposes and then released to the location where they were originally caught. TNR is the only humane and effective way to reduce feral cat populations over time. By returning sterilized cats back into the community, no new kittens are born, the cat population stabilizes, and nuisance behaviors are reduced. Because feral cats are wild and not socialized to humans, they cannot be adopted into new homes. TNR is supported by many national animal welfare organizations, including the Humane Society of the United States, the American Society for the Prevention of Cruelty to Animals, the Best Friends Animal Society, Alley Cat Allies, and Maddie's Fund. The Animal Care Advisory Committee met on June 14, 2018 and is in support of TNR. Minutes — June 26, 2018 All sterilization surgeries will be provided by Beaumont Pets Alive at no cost to the City of Beaumont. Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. COMMENTS * Public Comments (Persons are limited to three minutes) Simona McCowan 2609 Blanchette Beaumont TX Stated that she is searching for a contractor whom she paid $3,100.00, the contractor worked one day and disappeared, she also has several co-workers whom this contractor has done the same thing to, she tried filing a police report and was told it was a civil case, she filed a claim in Small Claims Court, the Small Claims Court tried to locate the contractor and discovered that both the contractor and his wife have left town, wanted to know if there's anything the City could do Mary Fetchin 4409 Memorial Orange TX Informed Council that she does operate a Trap -Neuter -Return (TNR) program, thanked Council for their approach, stated that this program does work and it keeps the City employees from catching and euthanizing cats Dayna Rhothenberger 3890 E. Lynwood Dr. Beaumont TX Stated that she's very happy that Council is discussing making improvements to Tyrrell Park, made one suggestion, that maybe there could be wheelchair swings, didn't like the idea of City Councilmembers wanting to tell people that they can't park in their front yards on their property, commented on a blown -up unicorn that she has on the back of her bicycle, she's doing her own experiment regarding bicycle safety Eric Bender 27701 H 10 E Beaumont TX Made comments about parking cars on front lawns, as well as TNR, stated that there is a crime, prostitution and open drug dealing problem in this City, there is a lot of troubles in this City and thinks that the focus needs to be on enforcing the laws that are already in place, people are getting hit on bicycles and the person that hit them are fleeing, there is a need for assistance and designing time to build safer roadways in the community, sincerely believes that the focus should be on the human side, which can make for a better community, stated that parking on the lawn will have the City in spurious litigation by board bureaucrats Mary Nixon 3850 Roland Rd. Beaumont TX Made comments regarding a lack of sidewalks on Helbig Road, after her comments at the last meeting, she watched the news and saw where a large sum of money is being spent for sidewalks on Dowlen Road, stated that she has been told that sidewalks isn't what the City does and doesn't maintain them and that Helbig is a long road, stated that she will reiterate that sidewalks are needed on Helbig Road and are urgent, the speed limit isn't maintained, there is a great concern for people in all modes of transportation on that road, if sidewalks are Minutes — June 26, 2018 going to be done it should be done for the safety and concern for all of the citizens, asked that Council be good stewards Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS MAYOR PRO TEM MOUTON - GAVE CONDOLENCES TO LAMAR UNIVERSITY PRESIDENT KENNETH EVANS ON THE LOSS OF HIS WIFE NANCY COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER PATE - GAVE CONDOLENCES TO LAMAR UNIVERSITY PRESIDENT KENNETH EVANS ON THE LOSS OF HIS WIFE NANCY, COMMENTED ON DIFFERENT EVENTS THAT WILL BE TAKING PLACE IN THE CITY OVER THE WEEKEND COUNCILMEMBER SAM - ABSENT COUNCILMEMBER GETZ - GAVE CONDOLENCES TO LAMAR UNIVERSITY PRESIDENT KENNETH EVANS ON THE LOSS OF HIS WIFE NANCY, MENTIONED THE EVENT FOR BOBBY RECTOR ON SATURDAY NIGHT, ALSO MENTIONED A STORY IN THE BEAUMONT ENTERPRISE ON NORTHWEST PARKWAY, WHICH WILL BE FINISHED SOMETIME IN AUGUST, COMMENTED ON SIDEWALKS ON DOWLEN ROAD COUNCILMEMBER JORDAN - ANNOUNCED THAT JAZZ ON THE LAKE WAS POSTPONED ON LAST WEEK DUE TO WEATHER, IT HAS BEEN RESCHEDULED FOR JUNE 28, 2018, AT THE EVENT CENTRE, HOPE TO SEE EVERYONE THERE CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - THOUGHTS AND PRAYERS GO OUT TO THE EVANS FAMILY ON THE LOSS OF NANCY EVANS, ,COMMENTED ON THE BOBBY RECTOR EVENT, ALSO COMMENTED ON THE WORK SESSION REGARDING TNR, REMINDED EVERYONE OF THE 4T" OF JULY CELEBRATION THAT WILL TAKE PLACE AT THE EVENT CENTRE, THE EVENT WILL START AT 5:00 P.M., WITH FIREWORKS AT 9:00 P.M., JK CHEVROLET WILL ALSO BE DOING A LASER LIGHT SHOW OVER THE LAKE BEFORE THE FIREWORKS Open session of meeting recessed at 3:46 p.m. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Minutes — June 26, 2018 CJ Express, et al vs. Barton Construction, et al; Cause No. 122,848 Texas Poker Club re being no action taken in Executive Session, Council adjourned. Tina Broussard, City Clerk Minutes — June 26, 2018