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HomeMy WebLinkAboutMIN SEP 25 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 SEPTEMBER 25, 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 September 25, 2018, 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 items 1 and 4/Consent Agenda * Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Dwight Benoit with Magnolia Baptist 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, Sam, Pate and Samuel (Councilmember Samuel arrived at 1:38 p.m.). Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "Sickle Cell Disease Awareness Month" — September, 2018 — Proclamation read by Mayor Ames; accepted by Tracey Allen, Sickle Cell Warrior "Pray Beaumont Day"- September 30, 2018 - Proclamation read by MayorAmes; accepted by Pastor Howard Cameron and others with the Beaumont Area Pastors Council Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on scheduled agenda items land 4/Consent Agenda None CONSENT AGENDA Approval of minutes — September 18, 2018 Minutes — September 25, 2018 Confirmation of committee appointments — None A. Approve a resolution making a formal request to Beaumont's representatives to the Texas State Legislature to amend State statutes that limit the freedom of Texas cities to better regulate gaming rooms — Resolution 18-230 B. Approve the renewal of an annual software maintenance agreement with Superion Financial Software for use by City Departments — Resolution 18-231 C. Approve the write-off of uncollectible water accounts for which each individual account exceeds $1,000 — Resolution 18-232 D. Accept maintenance of the street, storm sewer, water and sewer improvements in Old Dowlen Business Park Section 2, Subdivision — Resolution 18-233 E. Authorize the City Manager to execute all documents necessary for a Memorandum of Understanding between the Texas Task Force 1 TX -TF1, a division of the Texas A & M Engineering Extension Service, and Beaumont Fire -Rescue Services — Resolution 18-234 F. Approve the settlement of the claim of Carolotta Nicholas — Resolution 18-235 Councilmember Getz 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 an ordinance amending the FY 2018 Budget. In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendment will ensure that expenditures are within the approved budget. The details of the proposed amendment is as follows: Internal Service Funds are funded through transfers from other funds and/or user fees from the departments that they support. The Fleet Fund is an internal service fund that accounts for maintenance and repairs of vehicles and equipment used by all city departments. The Fleet Fund is projected to exceed budgeted expenditures by over $500,000 due to unexpected heavy equipment repairs and rising fuel usage/costs in the last few months of the fiscal year. Minutes — September 25, 2018 Fleet Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $8,291,500 $500,000 $8,791,500 Approval of ordinance. Councilmember Jordan moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2018 TO APPROPRIATE ADDITIONAL EXPENDITURES IN THE FLEET FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Sam seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 18-054 2. Consider a request for a Rezoning from RS (Residential Single Family Dwelling) to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive District for property located on Eastex Freeway south of Triumph Church. Reid C. Wilson, Wilson, Cribbs & Goren, P.C., is requesting a zone change for 10.91 acres of land located just south of Triumph Church, from RS (Residential Single Family Dwelling) to GC -MD (General Commercial - Multiple Family Dwelling) District. A 100' wide, former railroad right-of-way to the west; and a pipeline easement to the south, will both remain residentially zoned. The applicant intends to sell the property once it has been zoned for commercial uses. At a Joint Public Hearing held on September 17, 2018, the Planning Commission recommended 7:0 to approve the request for a Rezoning from RS (Residential Single Family Dwelling) to GC -MD (General Commercial -Multiple Family Dwelling). Approval of the ordinance. Councilmember Samuel 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 RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT EASTEX FREEWAY SOUTH OF TRIUMPH CHURCH, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Sam seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE Minutes — September 25, 2018 MOTION PASSED Ordinance 18-055 3. Consider a request for a Specific Use Permit to allow a restaurant in a NC (Neighborhood Commercial) District located at 3355 Gladys/1155 Interstate 10 North. John Wilson has requested a Specific Use Permit to open a restaurant at the corner of 3355 Gladys/1155 Interstate 10 North. Mr. Wilson would like to refurbish the existing gas station as a restaurant. All necessary utilities and drainage are existing at the property. At a Joint Public Hearing held on September 17, 2018, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a restaurant in a NC (Neighborhood Commercial) District 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. The curb shown on the site plan along Longfellow Drive needs to be corrected. The north driveway is missing and the south driveway's approach is not accurate. The site's existing conditions can remain for the proposed parking but needs to be drawn correctly on the site plan. 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. The curb shown on the site plan along Longfellow Drive needs to be corrected. The north driveway is missing, and the south driveway's approach is not accurate. The site's existing conditions can remain for the proposed parking but needs to be drawn correctly on the site plan. 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 3355 GLADYS/1155 INTERSTATE 10 NORTH, 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, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 18-056 Minutes — September 25, 2018 COMMENTS Public Comments (Persons are limited to three minutes) Heather Smith 2435 Long Ave. Beaumont TX Spoke regarding the property at 2435 Long Ave., stated that they have 5 years experience in real-estate investing and this isn't their first project, also stated that they haven't been treated fairly by a few members of the city, regardless of delays and unexpected visits by inspectors they have stilled maintained and gotten everything done for the 90 day dry in, requested the additional 60 days so that they may finish the project Marshall Scott 1490 Edwin Beaumont TX Stated that he loved Council but doesn't like all of them, there is something wrong on Council, there is a Councilmember that is prejudice, he has no place on Council serving Beaumont, he's doing something that every day citizens do, stated to the City Manager and the Mayor that they need to do something with him, stated to Councilmember Getz that he is out of order and someone needs to do something with him, questioned Councilmember Getz as to whether he stole money and was fired from the United States Postal Service, there needs to be rules and regulations as to what a Councilmember can and can't do, on the subject of streets, the Mayor and Council need to tour the streets of Beaumont Landry Roundtree 1565 S. Major Dr. Beaumont TX Stated that he brought two of his daughters with him to Council so that they can see how civic government works and the challenges, made comments regarding the word integrity that the Mayor used at the last Council meeting, if someone wants to make the challenge, try to live with integrity, spoke of two men that exemplify integrity, one is a man in the State of Texas named Michael Martin, who served 26 years in the prison system for the brutal murder of his wife, this is a man that consistently said that he didn't kill his wife and it turned out that he didn't, the second man with integrity is a man that many people hated, they thought he was dividing our Country, he lived in the 21St Century, he was Edwin Stanton who served as President Lincoln's Secretary of War during the American Civil War, Mr. Roundtree asked that each Councilmember live with integrity Eric Bender 2770 Interstate 10 E. Beaumont TX Presented Council with a commercial pump from the bicycle community to the Tyrrell Historic Wetlands, stated that there will be another commercial pump that will be presented, it will be up to the City as to where they would like to put the second pump, commented on the Walk, Bike, and Places Conference that he and his wife attended in New Orleans, LA, stated that he will share this information with City staff Harold Haynes 5405 Seale Rd. Beaumont TX Spoke to Council regarding the streets in Beaumont, stated that Beaumont has the potential to be a great City, commented on integrity, when Council starts exercising integrity for the whole population then that's integrity, stated that he's yet to see anything going on in Beaumont in certain areas of town as far as streets, sewer etc., said that he has listened to people talk about hike and bike trails and bird watching, stated that those things don't excite Minutes — September 25, 2018 him when there are people that can't flush their toilets when there is a heavy rain and the streets are deplorable, asked that Council exercise fairness David Pete 6355 Chinn Ln. Beaumont TX It appears that the same song is being sung throughout the City and nothing is being done, there is a lot of talk about streets in one part of town and in other parts nothing is been done, commented on the $10 million allocated for streets, Councilmembers are talking about the betterment of Beaumont, and making one area of the City look good but no one has ever driven to the other areas to see what is going on, stated that only one part of the City is being looked at and the other areas are being ignored, also made comments regarding the removing of signs, that is considered vandalism, never has he seen anything like this that only one part of the City is being beautified, stated that if Council is going to be fair be fair to everyone and if that isn't going to be done then they should step down Toni Prados 1090 Ave H. Beaumont TX Stated that she sees the sheet that has the code of ethics for citizens to come in and speak to Council, wanted to know why there isn't one for Councilmembers, stated that citizens respect the Council positions, but when they abuse the position then they are held accountable, commented that she is disappointed in Mr. Getz, he has the sweetest wife but she's married to him, what went on with the sign issue was totally illegal in her opinion, he removed a political sign and threw it over a fence, but when he realized that someone was watching he then took the sign and put it behind someone else's sign, stated that Mr. Getz says one thing and does something different Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER JORDAN - ANNOUNCED SALSAATTHE LAKE ON THURSDAY, SEPTEMBER 27, 2018, AT THE EVENT CENTRE, ENCOURAGED EVERYONE TO COME OUT AND ENJOY, ALSO MENTIONED A FEW THINGS THAT ARE GOING ON IN WARD I, THE FIRST IS CODE ENFORCEMENT STEP UP IN THE OLD VOTH NEIGHBORHOOD ON HURLEY LEWIS/SCOTT STREETS, THE CITY IS HELPING IN THIS EFFORT, THEY WILL BE PRESSURING CITIZENS THAT HAVE ABANDONED HOMES, THEY WILL BE RED TAGGING THEM AND GIVING THE OWNER UP TO FIVE MONTHS TO MAKE SOME REPAIRS AND THEN IF NOT THEY WILL HAVE TO TAKE FURTHER ACTION, THE SECOND IS ON SHERWOOD RD., SHE HAS SPOKEN TO DR. MAJDALANI, AS PART OF THAT ROAD IS MISSING, ALSO ON BROAD OAK AT THE INTERSECTION OF SHERWOOD THAT STREET HAS BEEN BADLY DAMAGED AND DESTROYED BY HEAVY EQUIPMENT FROM THE Hwy 69 DETOUR COUNCILMEMBER GETZ - STATED THAT HE DID WANT TO RESPOND TO MARSHALL SCOTT'S QUESTION THAT HE ASKED DURING HIS COMMENTS, STATED THAT HE WAS NEVER FIRED FROM THE UNITED STATES POST OFFICE NOR DID HE STEAL ANY MONEY, INFORMED MR. SCOTT THAT HE WORKED FOR THE POST OFFICES IN Minutes — September 25, 2018 NEDERLAND, PORT ARTHUR, AND IN BEAUMONT, WHILE BEING WITH THE U.S. POSTAL SERVICE HERE IN BEAUMONT HE APPLIED TO LAW SCHOOL AND WAS ACCEPTED, HE THEN TRANSFERRED TO THE POST OFFICE BRANCH IN DOWNTOWN HOUSTON, HE WORKED WHILE GOING TO SCHOOL, STATED THAT HE WAS GRATEFUL THAT THE POST OFFICE GAVE HIM THE OPPORTUNITY TO GO TO LAW SCHOOL AND PAY FOR HIS EDUCATION, HE LEFT THE POST OFFICE IN HOUSTON TO COME BACK TO BEAUMONT TO WORK FOR A LAW FIRM, ALSO STATED THAT THERE WAS MORE MISINFORMATION REGARDING THE MOVING OF AN ELECTION SIGN, STATED THAT SIGNS CAN'T BE PUT UP ANYWHERE, WHEN A SIGN IS PLACED ON PRIVATE PROPERTY THERE HAS TO BE PERMISSION GIVEN, STATED THAT HE CONTACTED MR. DADE PHELAN OF A CERTAIN CANDIDATE'S SING ON HIS PROPERTY AND ASKED HAD THAT CANDIDATE BEEN GIVEN PERMISSION TO PUT A SIGN ON HIS PROPERTY, MR. PHELAN STATED THAT THE CANDIDATE DIDN'T AND WOULD HAVE SOMEONE TAKE CARE OF REMOVING THE SIGN, COUNCILMEMBER GETZ STATED THAT HE TOLD MR. PHELAN THAT HE ONLY LIVED A FEW BLOCKS FROM THE PROPERTY AND HE WOULD REMOVE IT, HE DIDN'T HIDE AS HE REMOVED THE SIGN BECAUSE HE DID SO IN BROAD DAYLIGHT, THERE WAS NOTHING TO HIDE, STATED THAT WHAT HE FOUND DISTURBING IS THAT SOMEONE TOOK THE PICTURE OF HIM REMOVING THE SIGN, THEN POSTED THE PICTURE ON SOCIAL MEDIA AND THEN SENT IT TO THE CANDIDATE'S CAMPAIGN AND SHE CALLED THE POLICE, STATED TO THE POLICE THAT SHE HAD PERMISSION TO PUT THE SIGN THERE AND THAT WASN'T TRUE, HE ALSO FINDS IT DISTURBING THAT ANYONE THAT IS RUNNING FOR JUDICIAL OFFICE IS MAKING A FALSE STATEMENT, (COUNCILMEMBER SAMUEL INTERJECTED AND CALLED A POINT OF ORDER, MAYOR PRO TEM MOUTON ALSO STATED THAT IT WASN'T FAIR BECAUSE THE CANDIDATE WASN'T THERE TO DEFEND THEMSELVES, COUNCILMEMBER SAMUEL STATED THAT COUNCILMEMBER GETZ IS BEING POLITICAL AND HE KNOWS WHAT HE'S SAYING IS INAPPROPRIATE, MAYOR AMES MADE COMMENTS REGARDING THE RULES AND CONDUCT FOR COUNCILMEMBERS, THERE WAS SOME COMMENTS BACK AND FORTH BETWEEN COUNCILMEMBERS AND THE MAYOR, BOTH COUNCILMEMBER SAMUEL AND MAYOR PRO TEM MOUTON BOTH LEFT THE MEETING) COUNCILMEMBER GETZ THEN ASKED IF HE COULD CONTINUE WITH HIS COMMENTS, STATED THAT HE THINKS WHEN SOMEONE HAS THEIR INTEGRITY CHALLENGED AND CALLED A THIEF THEN HE SHOULD HAVE THE OPPORTUNITY TO RESPOND, STATED AGAIN THAT PEOPLE SHOULD GET PERMISSION TO PUT SIGNS ON PRIVATE PROPERTY Minutes — September 25, 2018 COUNCILMEMBER SAM - COUNCILMEMBER SAM STATED THAT ENOUGH WAS ENOUGH AND IT'S EVERYONE ELSE'S UNDERSTANDING THAT THE CANDIDATE DID HAVE PERMISSION TO PUT THE SIGN WHERE IT WAS, STATED THAT COUNCIL SHOULD NOT SIT AND DEBATE ON THIS BECAUSE IT IS POLITICAL COUNCILMEMBER PATE - WANTED TO KNOW IF IT WAS TOO LATE TO GET PASTOR CAMERON BACK, IT WAS DISHEARTENING THAT COUNCIL TRIES TO DO THE BEST JOB THEY CAN, THEY DON'T ALWAYS AGREE ON INDIVIDUAL THINGS BUT WHEN THEY VOTE ON WHAT'S BEST FOR THE CITY ABOUT 99% OF THE TIME THE VOTE IS 7 TO 0, HIS POINT IS THEY WILL NOT ALWAYS AGREE WITH ANYBODY ALL THE TIME JUST BECAUSE THEY DON'T LIKE WHAT THEY SAY, THERE'S A CONSTITUTION THAT SAYS A PERSON HAS THE RIGHT TO SAY WHAT THEY WANT PERIOD, ASKED THAT EVERYONE KEEP THAT IN MIND AND BE FAIR, ASKED THAT EVERYONE ON COUNCIL BE FAIR AND EVERYONE IN THE CITY BE FAIR, DON'T WAIT UNTIL SUNDAY TO PRAY FOR THE CITY OF BEAUMONT, STATED THAT THE CITY NEEDS GODS GUIDANCE AND TO KEEP THE CITY IN THEIR PRAYERS DAILY, ASKED THAT EVERYONE THINK ABOUT FORGIVENESS COUNCILMEMBER SAMUEL - NONE MAYOR PRO TEM MOUTON - NONE CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - NONE Council Recessed into Executive Session at 2:36 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of George W. Brown III Application of Entergy Texas, for Authority of Change Rates SOAH Docket No. 473-18-3733; PUC Docket No. 48371 Council Reconvened out of Executive Session at 3:37 p.m. 4. On May 15, 2018 Entergy Texas, Inc. (ETI) filed its statement of intent to increase rates by $117.5 million annually. On May 26, 2018 the City Council suspended the effective date of the increase in order to allow for the cities attorneys and consultants to analyze the request. On August 28, 2018 the City Council denied the rate increase as requested based upon the findings that Entergy had not justified the need for the increase as requested. Minutes — September 25, 2018 During the time of the assessment and in anticipation of an appeal to the Public Utilities Commission of Texas, Entergy has been in discussion with the cities representatives in an effort to resolve the rate case. The primary terms of the settlement are as follows: • ETI will receive an annual base rate increase of $53.2 million; • ETI will return to customers approximately $205 million (including interest) in excess deferred tax savings that accrued pursuant to the Tax Cuts and Jobs Act of 2017 ("TCJA"); and, • ETI will return $25 million to customers for 2018 tax over -collections as a result of the TCJA. The total $230 million in TCJA credits will be returned to customers over a four year period. This will completely offset the $53.2 million annual rate increase resulting in a net average annual decrease of $4.3 million for the next four years for all rate classes combined. The proposed settlement includes other terms and housekeeping matters that are beneficial to ETI's customers. The reasonable cost of attorney and consultant expenses related to the rate increase request are reimbursable by the company. It is recommended that the proposed settlement be approved. Councilmember Pate moved to ADOPT AN ORDINANCE BY THE CITY OF BEAUMONT, TEXAS ("CITY") APPROVING THE SETTLEMENT FILED IN ENTERGY TEXAS, INC'S RATE PROCEEDING INITIATED ON MAY 15, 2018; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Councilmember Jordan seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 18-057 Wit"here being n BegkylAmes/,Mayor er business, Council adjourned at 3:40 p.m. Tina Broussard, City Clerk Minutes — September 25, 2018