HomeMy WebLinkAboutMIN JUL 24 2018--
T 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 July 24, 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. 5 and 6/Consent
Agenda
* Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Pastor "Big" Jim Selles with West End Baptist Church gave the invocation and led the Pledge of
Allegiance. Roll call was made by Tina Broussard, City Clerk.
Present at the meeting were Mayor Ames, Councilmembers Jordan, Getz, Sam, Pate and Samuel.
Absent: Mayor Pro Tern Mouton. Also present were Kyle Hayes, City Manager; Tyrone Cooper,
City Attorney; Tina Broussard, City Clerk.
Proclamations, Presentation, Recognitions
"National Hospitality House Week" - July 22 — 27, 2018 - Proclamation read by Mayor
Ames; accepted by Theresa Clark, Executive Director of Anayat House
Public Comment: Persons may speak on scheduled agenda items No. 5 and 6/Consent Agenda
None
CONSENT AGENDA
Approval of minutes — July 17, 2018
* Confirmation of board and commission member appointments — None
A. Authorize the settlement of the claim of Carla Tyler — Resolution 18-162
Minutes — July 24, 2018
B. Approve a resolution accepting maintenance of the street, storm sewer, water and sewer
improvements in Deerfield Phase VI, Subdivision — Resolution 18-163
C. Authorize the settlement of the lawsuit styled Corey Lane, Individually and as Next Friend of
Corey Lane, Jr. vs. City of Beaumont; Cause No. B-201,777 — Resolution 18-164
D. Authorize the settlement of the lawsuit styled Joseph Fazio v. City of Beaumont; Cause No.
129808 — Resolution 18-165
Councilmember Jordan moved to approve the Consent Agenda. Councilmember Pate
seconded the motion.
AYES: MAYOR AMES, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
Consider a request for a Specific Use Permit to allow a Brewery (may include food service) in
the CBD (Central Business District) for property located at 585 Wall Street.
Pour Brothers Brewery, L.L.C. is requesting a Specific Use Permit to open a manufacturing
brewery with tastings at 585 Wall Street. The brewery would produce less than 15,000
barrels a year, classifying the facility as a microbrewery. Hours of operation would be 5 p.m.
to 11 p.m. Monday through Saturday and select Sundays from 12 p.m. to 11 p.m. Plans are
to eventually employee 8-10 full-time employees and 6-8 part time employees. As the
property is located in the CBD, (Central Business District) no off-street parking is required.
Occasional live entertainment and food trucks would be hosted at the facility.
At a Joint Public Hearing held on July 16, 2018, the Planning Commission recommended
8:0 to approve a request for a Specific Use Permit to allow a brewery (may include food
service) in the CBD (Central Business District) for property located at 585 Wall Street.
Approval of the ordinance.
Councilmember Jordan moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A
SPECIFIC USE PERMIT TO ALLOW A MANUFACTURING BREWERY WITH TASTINGS IN THE CDB (CENTRAL
BUSINESS DISTRICT) AT 585 WALL STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
Councilmember Getz seconded the motion.
AYES: MAYOR AMES, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Ordinance 18-040
Minutes — July 24, 2018
2. Consider a request for a Specific Use Permit to allow an elementary school and secondary
school in a GC -MD (General Commercial -Multiple Family Dwelling) District for property
located at 7705 Calder Avenue.
Acton Academy Beaumont is requesting a Specific Use Permit to allow an elementary and
secondary school at 7705 Calder Avenue. The grade levels will range from Kindergarten to
8th grade. School enrollment will be limited to 30 students. Staff will be comprised of two
full time teachers. No meals will be provided. The adjacent lot will be converted to an
outdoor play area. New fencing of this area will provide safety for the students. Hours of
operation will be 7:30 a.m. to 3:30 p.m. with late pick-up extending till 5:00 p.m., Monday
through Friday.
At a Joint Public Hearing held on July 16, 2018, the Planning Commission recommended
8:0 to approve a request for a Specific Use Permit to allow an elementary school and
secondary school in a GC -MD (General Commercial -Multiple Family Dwelling) District for
property located at 7705 Calder Avenue with the following condition:
1. Proposed ADA parking spot must meet City of Beaumont requirements.
Approval of the ordinance with the following condition:
Proposed ADA parking spot must meet City of Beaumont requirements.
Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A
SPECIFIC USE PERMIT TO ALLOW AN ELEMENTARY SCHOOL AND SECONDARY SCHOOL IN A GC -MD
(GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT 7705 CALDER AVENUE, WITH THE
CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Jordan
seconded the motion.
AYES: MAYOR AMES, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Ordinance 18-041
3. Consider a request for an amended Specific Use Permit to expand a school located at 7720
Park North Drive.
Hughen/Bob Hope School is requesting an amended Specific Use Permit to allow the
expansion of a school on the south side of Park North Drive. In September of 2017, the
applicant received a Specific Use Permit for a school at this location. The northeast most
piece of property and the most southern portion of the property were not included in that
request. The attached site plan shows these newly added areas intended for parking and
recreation.
The grade levels will range from Pre -K to 9th grade. Ten to twelve modular buildings would
be installed, initially, designed to accommodate up to 360 students and staff. The school
has future plans to construct a permanent facility and remove the modular buildings in the
future. A new Specific Use Permit would need to be submitted for all future plans.
Minutes — July 24, 2018
At a Joint Public Hearing held on July 16, 2018, the Planning Commission recommended
6:1 to approve a request for an amended Specific Use Permit to expand a school located
at 7720 Park North Drive with the following conditions:
1. Meet all Drainage District #6 drainage requirements.
2. Sidewalk must be provided along Park North Drive.
3. Landscaping must be provided to meet ordinance requirements for parking areas and
buffers.
4. Dumpster must be screened completely from street with fencing and landscaping, and
located a minimum of 25' from adjacent properties.
5. Ensure all portable buildings will be accessible via ADA guidelines from the parking lot
drop off area.
6. Modular buildings must meet all City of Beaumont building code requirements.
Approval of the ordinance with the following conditions:
Meet all Drainage District #6 drainage requirements.
2. Sidewalk must be provided along Park North Drive.
3. Landscaping must be provided to meet ordinance requirements for parking areas and
buffers.
4. Dumpster must be screened completely from street with fencing and landscaping and
located a minimum of 25' from adjacent properties.
5. Ensure all portable buildings will be accessible via ADA guidelines from the parking lot
drop off area.
6. Modular buildings must meet all City of Beaumont building code requirements.
COuncilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN
AMENDED SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF A SCHOOL IN AN RM -H (RESIDENTIAL
MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT AT 7720 PARK NORTH DRIVE, WITH THE
CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmemb.er Sam
seconded the motion.
AYES: MAYOR AMES, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Ordinance 18-042
4. Consider a request for a Specific Use Permit to allow a mini storage facility in a GC -MD
(General Commercial -Multiple Family Dwelling) District for property located at Parkdale Mall,
near 6475 Eastex Freeway.
Minutes — July 24, 2018
CubeSmart, self -storage facility, is requesting a Specific Use Permit to allow a mini storage
facility at 4215 Dowlen Road located at Parkdale Mall. The proposed building would be a
two story self -storage facility. This facility would be accessible to the public 6 a.m. to 10
p.m., with staff available Monday through Friday 9:30 a.m. to 6 p.m., Saturday 8:30 a.m. to 5
p.m. and Sunday 11 a.m. to 3 p.m. Staffing would consist of 1-2 employees during office
hours.
At a Joint Public Hearing held on July 16, 2018, the Planning Commission recommended
7:1 to approve a request for a Specific Use Permit to allow a mini storage facility in a GC -MD
(General Commercial -Multiple Family Dwelling) District for property located at Parkdale Mall,
near 6475 Eastex Freeway with the following condition:
Provide instrument illustrating parking and access rights.
Approval of the ordinance with the following condition:
Provide instrument illustrating parking and access rights.
Councilmember Jordan moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A
SPECIFIC USE PERMIT TO ALLOW A MINI STORAGE FACILITY IN A GC -MD (GENERAL COMMERCIAL -
MULTIPLE FAMILY DWELLING) DISTRICT AT 4215 DOWLEN ROAD/6475 EASTEX FREEWAY LOCATED AT
PARKDALE MALL, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
Councilmember Getz seconded the motion.
AYES: MAYOR AMES, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Ordinance 18-043
5. Consider granting a new solid waste transportation service agreement with DSC Carting,
LLC.
According to City Ordinance 22.05.101, no person shall engage in the business of collecting,
hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained
a franchise from the City. Seven (7) entities currently have nonexclusive franchise
agreements with the City and are doing business in this area. DSC Carting, LLC dba Deep
South Containers has requested that the City Council grant the company such franchise
agreement. DSC Carting, LLC serves Southwest Louisiana and Southeast Texas with its
Beaumont office located at 1440 Spindletop Avenue.
The requested franchise is generally the same as those previously approved by City Council.
It provides for a term of one year from its effective date and a franchise fee of seven percent
(7%) of gross revenues received for service. It also requires the entity to indemnify the City of
Beaumont and provide insurance which names the City of Beaumont as a named insured.
According to City Charter, franchise ordinances require readings at three (3) separate
Council meetings, with the third not less than thirty (30) days from the first reading. The
ordinance does not take effect until sixty (60) days after its adoption on the third and final
Minutes —July 24, 2018
reading. After passage, the ordinance must be published for four (4) consecutive weeks in a
newspaper of general circulation in the city. All publication costs are paid by the franchisee.
This is the second reading.
A franchise fee of seven percent (7%) of gross receipts will be paid to the City.
Approval of resolution.
Councilmember Sam moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A
FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO DSC CARTING, LLC.
Councilmember Pate seconded the motion.
AYES: MAYOR AMES, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Ordinance 18-038
6. Consider a resolution approving the settlement of pending litigation between the City of
Beaumont and APAC-Texas, Inc. and Oldcastle Materials Texas, Inc. (Cause Nos. A-201103
and E-200934).
City of Beaumont originally brought suit against APAC-Texas, Inc. alleging that APAC had
provided sub -standard asphalt on various City projects. Oldcastle Materials Texas, Inc.
subsequently filed suit against, among others, City of Beaumont and Dr. Joe Majdalani, as
Director of Public Works, seeking, among other things, declaratory and injunctive relief. An
agreement has been reached to resolve all disputes between APAC/OldCastle and the City
and its representatives in these cases. Under the agreement, APAC would extend the City
the sum of $125,000 in credits for future work APAC may perform for the City, and these
lawsuits will be mutually dismissed between the City and the APAC entities.
Not applicable. The City will not be paying any money to APAC or Oldcastle.
Approval of resolution.
Councilmember Jordan moved to APPROVE A RESOLUTION THAT THE CITY ATTORNEY BE AND HE
IS HEREBY AUTHORIZED TO SETTLE THE CLAIMS OF APAC-TEXAS, INC. AND OLDCASTLE MATERIALS
TEXAS, INC., THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE ALL DOCUMENTS RELATED TO
THE DISMISSAL OF THE LAWSUIT. Councilmember Sam seconded the motion.
AYES: MAYOR AMES, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Resolution 18-166
Minutes — July 24, 2018
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)
Harvey Steinhagen 18441-10S. Beaumont TX
Spoke to Council regarding TxDOT wanting to close the Delaware ramp, stated that many
days have passed and a lot of leg work done, as of today they aren't at the goal line but he's
going to see this through, there is no decision as of yet, stated that he is the developer of the
new station that has been constructed on the corner of Delaware and 1-10, invited Mayor and
Council to an appreciation on August 6, 2018, from 6:00 to 7:30 p.m., they will be serving
with wine and cheese, just want to say thanks to all of Council for their support, also on
August 7, 2018, which is the opening date all police officers can get a free cup of coffee
every. day, an invitation will be sent to Chief Singletary.
Marshall Scott 1490 Edwin Beaumont TX
Asked the Mayor when would Councilmember Mouton receive information to bring back to
the citizens, made comments regarding a building downtown that the City wants to purchase
for a million dollars, once purchased it will demolished to build a hotel, stated that the money
that's being spent to purchase the building could be used to repair the streets in his
community, made comments regarding Councilmember Samuel
La'Fayette Spivey 6010 Chandler Dr. Beaumont TX
Thanked Council for addressing the streets in the Tyrrell Park area, even though it's not what
they would like to have, stated that everyone should support the Beaumont Independent
School District better than what is being done, there is divisiveness in the City and everyone
on Council knows it, also stated that schools like Beaumont Charlton Pollard and other
schools have been closed in his community and he doesn't like it, schools are being closed
and kicking them to the curb, asked that those students that play on the football and
basketball teams not to play, don't do anything to enhance this community until everyone
that looks like him get satisfaction, called on the preachers in the community to come
together and do something about this, stated that Dr. Thomas didn't do anyone anything and
doesn't deserve what the community is trying to do to him, told City Council he doesn't
understand why they won't open their mouths and say anything about this
Dayna Rothenberger 3890 E. Lynwood Dr. Beaumont TX
Thanked Council for approving the Brewery, it's one of her hobbies and the location being
downtown is even better
David Willard 1325 Gladys Ave. Beaumont TX
Asked Council for their help, within the last 3 1/2 years he has asked for help to try and get
Gladys Ave. repaved, normally what he gets is a patch job that last for two to three days,
asked for help between Magnolia and MLK, thanked Councilmember Samuel for getting
Magnolia repaved and in better condition, also talked about Gladys' historical designation
Minutes — July 24, 2018
Councilmembers/City Manager/City Attorney comments on various matters
COUNCILMEMBER COMMENTS
MAYOR PRO TEM MOUTON - ABSENT
COUNCILMEMBER SAMUEL - NONE
COUNCILMEMBER PATE - STATED THAT IT IS A LITTLE WARMER THAN USUAL,
ENCOURAGED EVERYONE TO BE EXTREMELY CAREFUL NOT TO
FALL INTO HEAT EXHAUSTION, ASKED THAT EVERYONE STAY
HYDRATED AND AS COOL AS POSSIBLE, ANNOUNCED JAZZ ON
THE LAKE THIS THURSDAY
COUNCILMEMBER SAM - NONE
COUNCILMEMBER GETZ - WISHED COUNCILMEMBER PATE A HAPPY BIRTHDAY, WAS
GLAD TO CELEBRATE HIS BIRTHDAY WITH HIM OVER THE
WEEKEND, STATED THAT HE WANTED TO SPEAK REGARDING
THE AT&T BUILDING THAT WAS DISCUSSED AT LAST WEEK'S
COUNCIL MEETING, ON LAST WEEK HE ASKED THAT IT BE
TABLED SO THAT HE COULD DO SOME RESEARCH ON THE
BUILDING BUT COULDN'T GET A SECOND, EVEN THOUGH HE
DIDN'T GET HIS MOTION GRANTED HE WENT AHEAD AND DID
SOME RESEARCH, COUNCILMEMBER GETZ WAS INTERRUPTED
BY THE CITY MANAGER WHO STATED THAT THIS WASN'T
SOMETHING THAT COULD BE DISCUSSED IN AN OPEN SESSION
BUT BETTER DISCUSSED IN EXECUTIVE SESSION, THAT IT WAS A
PRIVATE MATTER, THE CITY ATTORNEY STATED THAT THIS WAS
AN ONGOING NEGOTIATION AND THE DEAL HASN'T BEEN
FINALIZED, THERE WAS DISCUSSION BACK AND FORTH
BETWEEN THE MAYOR, CITY ATTORNEY AND CITY MANAGER,
COUNCILMEMBER GETZ STATED THAT HE DOES SUPPORT
RIVERFRONT DEVELOPMENT AND DOES WANT TO SEE IT
HAPPEN, STATED THAT A MILLION DOLLARS MAY NOT BE A BAD
COST FOR THE BUILDING AND THE LAND, HIS MAIN CONCERN IS
THAT THE LAND COST LESS THAN THE MILLION DOLLARS THAT
IS BEING SPENT TO PURCHASE BOTH AND THAT HIS MAIN
CONCERN IS THE COST OF THE DEMOLITION, COUNCILMEMBER
SAMUEL CALLED FOR A POINT OF ORDER, MAYOR ASKED IF
ANYONE ON COUNCIL WANTED TO HEAR COUNCILMEMBER
GETZ' COMMENTS, ALL STATED THAT THEY DID NOT,
COUNCILMEMBER GETZ STATED THAT TO DEMOLISH THE
BUILDING WOULD COST ABOUT $2 MILLION DOLLARS, IT WAS
STATED THAT THE MAYOR COULD RECESS THE MEETING SO
THAT THEY COULD GO INTO EXECUTIVE SESSION AND SHE DID
SO
COUNCILMEMBER JORDAN - NONE
Minutes — July 24, 2018
CITY ATTORNEY COOPER - NONE
CITY MANAGER HAYES - NONE
MAYOR AMES - NONE
Open Session of the meeting recessed at 2:15 p.m.
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Claim of Shirley Allen
City of Beaumont vs. APAC-Texas, Inc.; Cause No. A-201103 (not
discussed, approved in Item #6)
In Re: OldCastle Materials Texas, Inc. D/B/A Gulf Coast; Cause No. E-
200934 (not discussed, approved in Item #6)
ThAV being no actigp taKen_in Executive Session, Council adjourned.
Ames,
Tina Broussard, City Clerk
Minutes —July 24, 2018