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Home My WebLink AboutMIN DEC 11 2018T E X AS 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 DECEMBER 11, 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 December 11, 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 item No. 4-9/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Rick Ivy with Wesley United Methodist 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. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions The Mayor made comments regarding the City of Beaumont's 180th Anniversary 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 4-9/Consent Agenda Stacy A. Canady 6500 W Loop S. Suite 500 Bellaire TX Spoke regarding Items 7 & 8 on the Agenda; Consider amending the design manual to address the location of small cell support poles and Consider amending Chapter 14 of the Code of Ordinances to implement regulations in the installment of small cells in Beaumont CONSENT AGENDA * Approval of minutes — November 20, 2018 Minutes — December 11, 2018 * Confirmation of committee appointments Robert Calvert will fill the unexpired term of Allen Perkins on the Convention and Tourism Advisory Board. The term would commence December 11, 2018 and expire September 30, 2019. (Councilmember W.L. Pate, Jr.) — Resolution 18-296 Joris P. Colbert would be appointed to the Civil Service Commission. The term would commence December 11, 2018 and expire December 10, 2021. (Kyle Hayes, City Manager) — Resolution 18- 297 A) Approve the replacement of the cooling tower at the Jefferson Theater— Resolution 18-298 B) Approve the purchase of Self Contained Breathing Apparatus for use by the Fire Department — Resolution 18-299 C) Approve the replacement of the HVAC control system at the Sterling Pruitt Center — Resolution 18-300 D) Approve a one-year contract with the Greater Beaumont Chamber of Commerce — Resolution 18-301 E) Authorize the City Manager or his designee to execute an agreement with the United States Department of Justice, Drug Enforcement Administration - Resolution 18-302 F) Accept maintenance of the street, storm sewer, water and sewer improvements in Meadows Phase III, Subdivision — Resolution 18-303 G) Authorize the settlement of the claim of Molette Detrasher — Resolution 18-304 H) Authorize the City Manager to accept maintenance and authorize final payment for the Electrical Repairs to Loeb Water Well #1 Site — Phase I Project — Resolution 18-305 1) Approve an annual contract with Crabtree Barricade Systems Inc. for the placement of pavement markings for use by the Public Works Department — Resolution 18-306 J) Authorize the execution of a License to Encroach Agreement with Ashley Suson — Resolution 18-307 Councilmember Pate 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 Minutes — December 11, 2018 GENERAL BUSINESS Consider a request for a Specific Use Permit to allow a cell tower in a GC -MD -2 (General Commercial Multiple Family Dwelling -2) District located at 5250 Helbig Road. Eco -Site, L.L.C. is requesting a cell tower in a GC -MD -2 (General Commercial Multiple Family Dwelling -2) at 5250 Helbig Road. Recently, this property was rezoned from NC (Neighborhood Commercial) to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District, as a cell tower cannot be requested in NC zoning. It should be noted that this property is also occupied by a church. Due to future expansion plans, the only place the church is willing to locate a cell tower is to the very rear of the property, placing it adjacent to RS (Residential Single -Family Dwelling) zoned property. The Zoning ordinance requires that "Cellular telephone transmission towers shall be prohibited within two hundred (200) feet of a residentially zoned property." At a Joint Public Hearing held on November 19, 2018, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a cell tower in a GC -MD -2 (General Commercial Multiple Family Dwelling -2) District with the following conditions: 1. Applicant shall apply for and must receive a Variance to the required 200' setback from residentially zoned property for a cellular telephone transmission tower. 2. Eight (8) foot wooden privacy fence to be placed along perimeter of lease site. Approval of the ordinance with the following conditions: 1. Applicant shall apply for and must receive a Variance to the required 200' setback from residentially zoned property for a cellular telephone transmission tower. 2. Eight (8) foot wooden privacy fence to be placed along perimeter of lease site. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CELLULAR TOWER IN A GC -MD -2 (GENERAL COMMERCIAL MULTIPLE FAMILY DWELLING -2) DISTRICT AT 5250 HELBIG ROAD, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEEFERSON COUNTY, TEXAS. Councilmember Sam seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 18-066 2. Consider a request for a Specific Use Permit to allow a church in an LI (Light Industrial) District located at 7890A College Street. Minutes — December 11, 2018 l Mr. Sam Gallier, III, is requesting a Specific Use Permit to establish a church at 7890A College Street. This unit is part of an existing commercial/industrial complex. Family of Faith Christian Ministries, Inc. would conduct Sunday morning services and midweek evening services at this location. In addition, the facility would occasionally be used for youth, women and men's ministries. At a Joint .Public Hearing held on November 19, 2018, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a church in an LI (Light Industrial) District with the following condition: The existing ADA accessible parking spot is not compliant. The 5' wide access aisle shall be on the passenger side of the 11' wide parking spot. In addition, space shall be appropriately marked. Approval of the ordinance with the following condition: The existing ADA accessible parking spot is not compliant. The 5' wide access aisle shall be on the passenger side of the 11' wide parking spot. In addition, space shall be appropriately marked. COuncilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN LI (LIGHT INDUSTRIAL) DISTRICT AT 7890-A COLLEGE STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. 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 18-067 3. Consider a request for a Specific Use Permit to allow a mother-in-law apartment in an R -S (Residential Single -Family Dwelling) District located at 1220 Wilchester Circle. Mr. John Wilson is requesting a mother-in-law apartment behind his home at 1220 Wilchester Circle. He states that the mother-in-law apartment is intended for personal use and not for rental. In the future, the applicant intends to construct a pool at which time the structure would also be used as a pool house. At a Joint Public Hearing held on November 19, 2018, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a mother-in-law apartment in an R -S (Residential Single -Family Dwelling) District with the following condition: 1. The mother-in-law apartment will not be used for rental purposes and shall only be occupied by family members. Approval of the ordinance with the following condition: Minutes — December 11, 2018 The mother-in-law apartment will not be used for rental purposes and shall only be occupied by family members. COuncilmember Jordan moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MOTHER-IN-LAW APARTMENT IN AN RS (RESIDENTIAL SINGLE- FAMILY DWELLING) DISTRICT AT 1220 WILCHESTER CIRCLE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. 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 18-068 4. Consider a resolution approving the purchase of a fire truck. A 2019 Velocity pumper truck will be purchased from Siddons-Martin Emergency Group, of Denton, Texas, in the amount of $749,488.00. The new unit will replace Unit 7073, which is a 1985 American Lafrance pumper truck with 90,120 miles. It has exceeded its expected service life. The new pumper truck will be designated as Engine 9 and will be housed at Station 9 located at 7010 Gladys Avenue. The existing unit will be disposed of according to the City surplus property policy. Pricing�was obtained through the Houston -Galveston Area Council (H -GAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H -GAC complies with State of Texas procurement statutes. Manufacturer's warranty for the truck is twelve months. Delivery is expected within ten to eleven months. Funds will come from the Capital Reserve Fund. Approval of resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVE THE PURCHASE OF ONE (1) 2019 VELOCITY PUMPER FIRE TRUCK FOR USE BY THE FIRE DEPARTMENT FROM SIDDONS-MARTIN EMERGENCY GROUP, OF DENTON, TEXAS, IN THE AMOUNT OF $749,488.00 THROUGH THE HOUSTON -GALVESTON AREA COUNCIL (H -GAC) COOPERATIVE PURCHASING PROGRAM. 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 Minutes — December 11, 2018 Resolution 18-308 5. Consider a resolution approving the purchase of a 15 -Ton Crane for use in the Water Utilities Department. A 2019 Broderson 15 -Ton Carry Deck Crane will be purchased from Scott Macon Equipment, of Sulphur, Louisiana, in the amount of $215,850.00. The new crane will replace unit 5080, which is a 1978 Cherry Picker Crane which has exceeded its expected service life. The crane is used to lift heavy pumps and motors that need repair or replacement for the water reclamation operations. The existing unit will be disposed of according to the City surplus property policy. Bids were requested from four vendors with only two responses. A warranty of one year is provided and will be serviced by Scott Macon. Funds will come from the Water Utilities Fund. Approval of the resolution. Councilmember Jordan moved to APPROVE A RESOLUTION THAT COUNCIL IS OF THE OPINION THAT THE BID SUBMITTED BY SCOTT MACON EQUIPMENT, OF SULPHUR, LOUISIANA, IS THE LOWEST RESPONSIBLE BIDDER PROVIDING THE BEST VALUE TO THE CITYAND SHOULD BE ACCEPTED FOR THE PURCHASE OF A 2019 BRODERSON IC -200-3J 15 -TON CARRY DECK CRANE FOR USE BY THE WATER UTILITIES DEPARTMENT IN THE AMOUNT OF $215,850.00. Councilmember Sam seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 18-309 6. Consider a resolution authorizing the City Manager to execute an Earnest Money Contract and other related documents for the sale of a 0.6244 acre city -owned property located in the 700 Block of Laurel Avenue. Wheeler Commercial has secured one (1) potential buyer who is interested in purchasing city -owned property located in the 700 Block of Laurel Avenue. After reviewing the Earnest Money Contract, it is in the best interest of the City of Beaumont to execute the Earnest Money Contract with Ken Whitlow, Trustee with a cash offer in the amount of $95,000.00. Ken Whitlow, Trustee will deposit $1,500.00 as earnest money to Texas Regional Title for a feasibility period of 60 days. If Ken Whitlow, Trustee terminates the earnest money contract, $250.00 of the earnest money will not be refunded to Ken Whitlow, Trustee. The date of closing will be thirty (30) days after the expiration of the feasibility period. Approval of the resolution. Minutes — December 11, 2018 Councilmember Jordan moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN EARNEST MONEY CONTRACT WITH KEN WHITLOW, TRUSTEE FOR THE SALE OF A 0.6244 ACRE TRACT OF LAND LOCATED AT THE 700 BLOCK OF LAUREL AVENUE FOR A CASH OFFER OF $95,000.00 AND THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE ALL DOCUMENTS NECESSARY FOR THE SALE OF THE PROPERTY AND IMPROVEMENTS. Councilmember Sam seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 18-310 7. Consider an ordinance amending the design manual to address the location of small cell support poles — Item was deferred 8. Consider an ordinance amending Chapter 14 of the Code of Ordinances to implement regulations in the installation of small cells in Beaumont — Item was deferred 9. Consider a resolution authorizing the City Manager to execute Change Order No. 5, accept maintenance, and authorize final payment to MK Constructors for the Northwest Parkway Project. On October 18, 2016, by Resolution No. 16-203, City Council awarded a contract to MK Constructors, of Vidor, Texas for the Construction of Northwest Parkway (from Major Drive to Parkdale Mall Loop) Project in the amount of $12,109,789.38. Previous Change Order Nos. 1-4, in the amount of $54,663.94 resulted in an increase to the original contract amount making the new contract amount $12,164,453.32. Proposed Change Order No. 5, in the amount of $15,113.44, is required to adjust the estimates quantities in the contract to reflect actual quantities used in the completion of the project. The adjustment in quantities will result in a final contract amount of $12,179,566.76. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of maintenance and final payment in the amount of $191,737.93 is recommended. Funds will come from the Beaumont Municipal Airport Oil and Gas Revenue. Approval of the resolution. Councilmember Jordan moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 5, IN THE AMOUNT OF $15,113.44 FOR ADDITIONAL WORK, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $12,179,566.76 FOR THE NORTHWEST PARKWAY (FROM MAJOR DRIVE TO PARKDALE MALL LOOP) CONSTRUCTION PROJECT AND THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO MAKE FINAL PAYMENT IN THE AMOUNT OF $191,737.93 TO MK CONSTRUCTORS, OF VIDOR, TEXAS. Councilmember Getz seconded the motion. Minutes — December 11, 2018 AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 18-311 WORK SESSION Review and discuss adding shade structures over the bleachers at Complex 2 located at the Athletic Complex Jimmy Neale, Director of Parks and Recreation Department reviewed and discussed adding shade structures over the bleachers at Complex 2 (two) located at the Athletic Complex. Mr. Neale stated that there are four groups of softball fields, complexes 1 (one) and 4 (four) have covers over the bleachers, 2 (two) and 3 (three) do not. The City. has reached out to Kraftsman of Spring, TX, they have submitted a quote to cover the bleachers at Complex 2 (two). The cover would be a fabric structure, it will make the complex look better as well as safer. Mr. Neale stated that the quote is a little under $120,000.00, at this time staff is requesting that the funds be taken out of the Hotel Occupancy Tax fund. Dean Conwell, Director of the Convention and Visitors Bureau stated that staff brings a lot of softball tournaments to Beaumont. The first question that's asked is if the bleachers are covered, with the covered bleachers this will keep the tournaments in Beaumont and bring even more tournaments to the City COMMENTS * Public Comments (Persons are limited to three minutes) George Kemp Jr. 4850 Ada Ave. Beaumont TX Spoke to council regarding the intersection of Concord and Dowlen in front of Modica Brothers, stated that he spoke to Council several weeks ago and nothing has been done, the situation is a safety concern and has gotten worse, stated that citizens are still running the stop sign, there needs to be a signal light in that area, if not someone is going to get hurt, citizens aren't respecting the four way stop sign, stated that he will come to the meeting every week until this issue is resolved, this is a very serious matter, there also needs to better lighting in the area as well Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS MAYOR PRO TEM MOUTON - NONE COUNCILMEMBER SAMUEL - NONE Minutes — December 11, 2018 COUNCILMEMBER PATE - COMPLIMENTED THE OAKS HISTORIC DISTRICT ON THEIR GREAT HOLIDAY PARTY, COMMENTED ON THE LOSS OF GARY COBB AND DEBBIE COBBLE, STATED THAT THEY WERE BOTH OUTSTANDING COMMUNITY ACTIVIST, THOUGHTS AND PRAYERS GO OUT TO THEIR FAMILIES COUNCILMEMBER SAM - STATED THAT HE HAD THE OPPORTUNITY TO ATTEND CHURCH SERVICES AT CATHEDRAL IN THE PINES, THEY WERE CELEBRATING THEIR 100 YEAR ANNIVERSARY AS WELL AS EBENEZER MISSIONARY BAPTIST CHURCH CELEBRATING THEIR ANNIVERSARY AND NEW BUILDING COUNCILMEMBER GETZ - COMMENTED ON THE TREE LIGHTING CEREMONY AS WELL AS THE 180TH CITY OF BEAUMONT CELEBRATION, COMPLIMENTED STAFF ON A JOB WELL DONE, ALSO STATED HOW WELL IT WAS ATTENDED, ANNOUNCED THE DOWLEN/WEST NEIGHBORHOOD ASSOCIATION MEETING ON TUESDAY, DECEMBER 11, 2018, AT ROGERS PARK COMMUNITY CENTER, BEGINNING AT 6:30 P.M., THEY WILL BE HAVING THEIR ANNUAL HOLIDAY CELEBRATION, THE ENTIRE COMMUNITY IS INVITED TO COME OUT, THERE WILL BE REFRESHMENTS AND ENTERTAINMENT, GAVE A SHOUT OUT TO THE WEST BROOK BRUINS, THEY WILL BE HEADED TO THE SEMI-FINAL 6A STATE FOOTBALL PLAYOFFS, THERE WILL BE A SEND-OFF ON SATURDAY, DECEMBER 15, 2018 AT 10:30 A.M., ENCOURAGED EVERYONE TO COME OUT AND SUPPORT THEM COUNCILMEMBER JORDAN - THANKED COUNCILMEMBER 'PATE FOR THE KIND WORDS REGARDING THE OAKS HISTORIC DISTRICT'S HOLIDAY PARTY, THE PARTY IS GIVEN EVERY YEAR INSTEAD OF A DECEMBER MEETING, COMMENTED ON THE FABULOUS CONVENTION AND VISITORS BUREAU CHRISTMAS PARTY, EVERYTHING WAS WONDERFUL, STATED THAT THERE ARE SOME GOOD THINGS THAT WILL BE HAPPENING AT THE END OF THE YEAR, THE OPENING OF THE NEW FIRE STATION AND THE NEW LAKESIDE CENTER, DOORS FOR BOTH WILL BE OPENING SOON, COMMENTED ON THE TEXAS REPORTER PROGRAM THAT AIRED A FEW DAYS AGO, FOR THOSE THAT DIDN'T GET TO WATCH IT, HOPEFULLY THE SEGMENT WILL AIR ON THE CITY'S WEB SITE UNDER CITY ARTS FOR CITIZENS TO VIEW CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - STATED THAT SHE JUST DID A POD CAST WITH BRANDON SHAW WITH THE EVENTS FACILITY, HE DOES A POD CAST THAT'S CALLED BRIGHT LIGHTS, COMMENTED ON THE CITY OF BEAUMONT'S 180TH ANNIVERSARY, AS WELL AS EBENEZER AND CATHEDRAL IN THE PINE CELEBRATING THEIR 100 YEAR Minutes — December 11, 2018 ANNIVERSARY, ALSO MADE COMMENTS REGARDING ALL THE EVENTS THAT TOOK PLACE OVER THE WEEKEND Open session of meeting recessed at 2:04 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Rex Johnson ThEge being no action taken in Executive Session, Council adjourned. 4ALMo;_ AW Tina Broussard, City Clerk Minutes — December 11, 2018