HomeMy WebLinkAboutMIN FEB 05 2019BEAUMONT
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 II CITY COUNCIL MEETING Michael D. Getz, Ward II
Audwin Samuel, Ward III FEBRUARY 5, 2019 Robin Mouton, Mayor Pro Tem
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 February 5, 2019, at the City
Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following:
�41 - ► ► r
Invocation Pledge of Allegiance Roll Call
Presentation and Recognition
Public Comment: Persons may speak on scheduled agenda item No. 4/Consent Agenda-
Consent
gendaConsent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Father Anthony P. Clark of St. Mark's Episcopal 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 Tem Mouton, Councilmembers Jordan, Getz,
Sam, Pate and Samuel (arrived at 1:42 p.m.). Also present were Kyle Hayes, City Manager; Tyrone
Cooper, City Attorney; Tina Broussard, City Clerk.
Proclamations, Presentation, Recognitions
Public Comment: Persons may speak on scheduled agenda item No. 4/Consent Agenda
None
CONSENT AGENDA
Approval of minutes — January 29, 2019
Confirmation of committee appointments — None
A) ' Authorize the City Manager to apply for and, if awarded, accept funding through the 2019
Animal Friendly Grant — Resolution 19-030
B) Amend a resolution to correct the name of the vendor previously approved — Resolution
19-031
Minutes — February 5, 2019
Councilmember Jordan moved to approve the Consent Agenda. Mayor Pro Tem Mouton
seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM
AND PATE
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
1. Consider a request for a Specific Use Permit to allow a Recreational Vehicle (RV) Resort in an
LI (Light Industrial) District located at 6185 Fannett Road.
B.K. Broussard has requested a Specific Use Permit to construct a Recreational Vehicle Resort
at 6185 Fannett Road. The proposed RV (Recreational Vehicle) Resort will provide 73 pads,
along with 8 ADA compliant unisex showers, a playground and dog yard. An office/club house
will provide laundry facilities and a game room.
At a Joint Public Hearing held on January 28, 2019, the Planning Commission recommended
7:0 to approve the request for a Specific Use Permit to allow a Recreational Vehicle Resort in
an LI (Light Industrial) District located at 6185 Fannett Road with the following conditions:
1. Construction plans must meet all requirements by Water Utilities for water and
sanitary sewer services, including the requirement of the City's pre-treatment
program.
2. Driveway must be approved by TXDOT.
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 the requirement of the City's pre-treatment
program.
2. Driveway must be approved by TXDOT.
Mayor Pro Tem Mouton moved to .ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A
SPECIFIC USE PERMIT TO ALLOW A RECREATIONAL VEHICLE RESORT IN AN LI (LIGHT INDUSTRIAL)
DISTRICT AT 6185 FANNETT ROAD, 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
AND PATE
NAYS: NONE
MOTION PASSED
Ordinance 19-006
Minutes — February 5, 2019
2. Consider a request for a Specific Use Permit to allow a Brewpub in a GC -MD (General
Commercial -Multiple Family Dwelling) District located at 2140 Calder Avenue.
Christopher Scott Reeves is requesting a Specific Use Permit to allow a Brewpub at 2140
Calder Avenue. The proposed brewery will be open 1 p.m. until 10 p.m., Monday through
Saturday and on Sundays from 12 p.m. until 6 p.m. Plans to provide seating inside for
approximately 40-50 customers with additional seating available in an outdoor patio area. Craft
beer will be produced onsite at a rate of approximately 250 barrels per calendar year. All
necessary utilities are available.
At a Joint Public Hearing held on January 28, 2019, the Planning Commission recommended
7:0 to approve the request for a Specific Use Permit to allow a Brewpub in a GC -MD (General
Commercial -Multiple Family Dwelling) District located at 2140 CalderAvenue with the following
condition:
1. Construction plans must meet requirements by Water Utilities for water and sanitary
sewer services, including the requirement of the City's pre-treatment program.
Approval of the ordinance with the following condition:
1. Construction plans must meet requirements by Water Utilities for water and sanitary
sewer services, including the requirement of the City's pre-treatment program.
Councilmember Jordan moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A
SPECIFIC USE PERMIT TO ALLOW A BREWPUB IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY
DWELLING) DISTRICT AT 2140 CALDER AVENUE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS. Councilmember Sam seconded the motion.
AYES: MAYORAMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM
AND PATE
NAYS: NONE
MOTION PASSED
Ordinance 19-007
3. Consider a request for a Specific Use Permit to allow an alcohol and drug rehabilitation facility
in an RM -H (Residential Multiple Family Dwelling -Highest Density) District located at 950
Washington Boulevard.
Shalom Health Care Center has requested a Specific Use Permit to allow an alcohol and drug
rehabilitation facility at 950 Washington Boulevard. More than half of the property is zoned GC -
MD (General Commercial -Multiple Family Dwelling). However, the portion of the property where
the alcohol and drug rehabilitation facility will be located is zoned RM -H (Residential Multiple
Family Dwelling -Highest Density). The applicants state that the facility will begin by only treating
adult female patients, but that adult males would not be denied. Patients will remain at the
facility for 15-20 days. The facility will have 8 beds available for detoxification and 16 beds
available for residential post -detoxification treatment. In addition, the facility will offer outpatient
programs for alcohol and drug abuse.
Minutes —February 5, 2019
Security will be provided by an eight -foot fence around the entire facility along with 24 hour on
site security guards. Security cameras will also be used. Patients will not be allowed outside of
the building during treatment.
At a Joint Public Hearing held on January 28, 2019, the Planning Commission recommended
7:0 to approve the request for a Specific Use Permit to allow an alcohol and drug rehabilitation
facility in an RM -H (Residential Multiple Family Dwelling -Highest Density) District with the
following condition:
1. Construction plans must meet all requirements by Water Utilities for water and
sanitary sewer services, including the requirement of the City's pre-treatment
program.
Approval -of the ordinance with the following condition:
2. Construction plans must meet all requirements by Water Utilities for water and
sanitary sewer services, including the requirement of the City's pre-treatment
program.
Mayor Pro Tem Mouton moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A
SPECIFIC USE PERMIT TO ALLOW AN ALCOHOL AND DRUG REHABILITATION FACILITY IN AN RM -H
(RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT AT 950 WASHINGTON
BOULEVARD, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
Councilmember Sam seconded the motion.
AYES: MAYORAMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM
AND PATE
NAYS: NONE
MOTION PASSED
Ordinance 19-008
Councilmember Samuel arrived at 1:43 p.m.
4. Consider a resolution approving the purchase of a new pothole machine for use in the Streets
and Drainage Division.
On November 27, 2018, a work session was held at the Beaumont Municipal Airport. As
discussed during the session, Streets and Drainage is requesting a new paver, to aid in pothole
repair. The paver will be purchased from Mustang Cat, of Beaumont, Texas in the amount of
$139,500.00.
Pricing was obtained through the BuyBoard purchasing cooperative, which provides cities and
political subdivisions the means to purchase specialized equipment at volume pricing. Buyboard
complies with State of Texas' procurement statutes.
A warranty of twelve (12) months is included, as well as training/commissioning on the first
actual useage of the equipment.
Minutes — February 5, 2019
Funds will come from the Capital Reserve Fund.
Approval of the resolution.
Mayor Pro Tem Mouton moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY
APPROVES THE PURCHASE OF ONE (1) POTHOLE MACHINE FOR USE BY THE STREETS AND DRAINAGE
DIVISION FROM MUSTANG CAT, OF BEAUMONT, TEXAS, IN THE AMOUNT OF $139,500.00 THROUGH THE
BUYBOARD COOPERATIVE PURCHASING PROGRAM. Councilmember Jordan seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ,
SAM, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Resolution 19-032
Mayor Ames read the announcement regarding Executive Session being held at the conclusion
of the General Business portion of the meeting.
WORKSESSION
Review and discuss a request from Herman & Kittle Properties, Inc. for the support of
Laurel Vista, a proposed seventy-seven (77) unit housing development, located at the
northwest corner of Veterans Circle
Chris Boone; Planning and Community Development Director reviewed and discussed a
request from Herman and Kittle Properties, Inc., for the support of Laurel Vista, a proposed
seventy-seven (77) unit housing development located at the northwest corner of Veterans
Circle. Herman and Kittle Properties, Inc., has applied to the Texas Department of Housing
and Community Affairs (TDHCA) for funding to develop Laurel Vista, a proposed seventy-seven
(77) community housing development, located at the northwest corner of Veterans Circle. Also,
Herman and Kittle has requested that the City approve a resolution supporting the project,
acknowledging that Beaumont has more than twice the state average of housing units
supported by Tax Credits and that Beaumont will participate financially in the project. This
participation can be as little as a $500.00 fee waiver from the City.
COMMENTS
Public Comments (Persons are limited to three minutes)
David Pete 6355 Chinn Ln. Beaumont TX
Spoke to Council regarding the L.L. Melton YMCA, stated that he looked at the lease
agreement that was formulated by Council, the agreement shows that Dr. Farrell was given a
twenty-year lease with provisions, the provisions were that the facility would remain open to the
public and that improvements would be made by her, hasn't seen any documentation to show
where any improvements have been made or that anything has been done that Dr. Farrell has
agreed to, commented on several things that is a part of the contract, Dr. Farrell should have
never been given a twenty-year lease, it wasn't done in a right way, also stated that the contract
Minutes — February 5, 2019
that was done in 2015 with Jehovah Jireh was only for a year, when the lease was done with
Dr. Farrell the lease with Jehovah Jireh wasn't up wanted to know how does that happen, now
Dr. Farrell is utilizing the facility with a twenty year lease, the lease should be null and voided at
this point because she hasn't performed the things that she said she would
Cathy Shelander 704 Yount St. Beaumont TX
Introduced her daughter Anna Bell who is one of the consumers of the Recreational
Educational Complex, stated that she supports 'Dr. Donna Ferrell in the Recreational
Educational Complex a.k.a. the "Rec", the Rec is open to the general public, special needs,
adults and children, knows first-hand of the wonderful work that Dr. Farrell does to benefit the
special needs consumers, Dr. Farrell keeps the facility spotless and has spent a great deal of
her own money in the facility, due to the special needs of these consumers it's not practical or
feasible to open up the facility to other general public patrons, particularly children and
adolescents, you can't have normal children bouncing off the walls around some of the fragile
consumers, this is a physical safety issue, you can't have normal children or adolescents there
who might make fun of or tease the consumers, this is an emotional safety issue, the Rec offers
wheelchair tennis, basketball, bowling and many other things, there are very few facilities that
offer full days and year round in this area, the Rec provides a social, educational, emotional
and physical environment, it would be horrible if Dr. Farrell couldn't continue the work that she
has started, this is her dream
Marshall Scott 1490 Edwin Beaumont TX
Spoke to Council regarding the L. L. Melton YMCA, wanted to know why Pastor Adolph would
meet with several of the City Councilmembers the day before the Council meeting and why
didn't he show up at the meeting with the citizens, he's the one that told them to come, stated
that he's watching Dr. Adolph because he's doing a lot of back dooring, Council met with Pastor
Adolph, they should have met with the citizens, made comments to Councilmembers Getz,
Sam and Pate
Edward Petty 1205 Gladys St. Beaumont TX
Made comments regarding streets, stated that whoever was responsible for getting Magnolia
fixed did a wonderful job, commented on Gladys and how bad the street is and is looking for a
permanent fix, wanted to know when the portion of Magnolia to MLK will be on the docket to be
permanently fixed
Troy Gray 5550 Jimmy Simmons Blvd. Beaumont TX
Thanked Councilmember Sam and Mayor Pro Tem Mouton for coming by and visiting the
Spindletop Gladys City Museum to see the new exhibit on the African American Oil Workers,
very honored to host them, encouraged everyone to come by and visit the exhibit, it's a group
of African Americans who worked on the oil field, stated that there have been changes and
improvements to the museum and the museum has had some really great reviews
Rodney Balsamo 2425 15th St. Port Neches TX
Spoke regarding the Recreational Educational Complex, encouraged everyone on Council to
visit the facility, stated that his daughter is a special needs child and attends the facility, there
are no facilities like this in the area and it's a very unique place, for some special needs children
Minutes — February 5, 2019
this is the only place that they can go, this is the only place that makes them feel normal, what
message is the City sending out to anybody else in the area that might be interested in leasing
a City facility, as a parent of a special needs child they didn't ask for it, this was the hand they
were dealt
Herman Davis 3055 Robinhood Ln. Beaumont TX
Stated that he's excited to see the energy of the citizens and their concerns, asked that citizens
stay engaged, stated that Beaumont has so much potential, it's the reason he's in attendance,
he loves the City and wants to see it grow, one of the challenges as a City government is
communication, one of the main things is misinformation, citizens aren't aware of what's going
on, recommended that the City have an active Facebook page, stated that he loves the City
web site, but most citizens won't go to the web site they usually get their information from social
media, suggested that the City try to find more ways to engage upon their Facebook page, the
meeting can be live streamed on Facebook, stated that the City's twitter feed is great but the
Facebook page could be better
Councilmembers/City Manager/City Attorney comments on various matters
COUNCILMEMBER COMMENTS
MAYOR PRO TEM MOUTON - THANKED MR. GRAY FOR ATTENDING THE MEETING TODAY, HAD A
WONDERFUL TIME VISITING THE SPINDLETOP GALDYS MUSEUM
EXHIBIT TO SEE THE AFRICAN AMERICAN OIL WORKERS, THE
EXHIBIT WILL THERE UNTIL .LUNE TEENTH, ENCOURAGED
EVERYONE TO GO BY AND VISIT, ANNOUNCED THE MILK PARADE
WILL BE ON SATURDAY, FEBRUARY 9, 2019, THE PARADE WAS
RESCHEDULED DUE TO WEATHER
COUNCILMEMBER SAMUEL - NONE
COUNCILMEMBER PATE - THANKED EVERYONE FOR COMING TO THE MEETING AND ALL OF
THEIR INPUT, STATED THAT IT WAS BLACK HISTORY MONTH,
ENCOURAGED EVERYBODY TO SPEND A LITTLE TIME LEARNING
AND LOOKING BACK TO SEE SOME OF THE GREAT INDIVIDUALS
THAT MADE AN IMPACT ON THE UNITED STATES OF AMERICA,
WHETHER IT WAS FREDRICK DOUGLAS OR BOOKER T.
WASHINGTON, BOTH GREW UP AS SLAVES AND ROSE TO THE
HIGHEST AS ONE CAN GET, BOOKER T. WASHINGTON WAS
ACTUALLY AN ADVISOR TO MANY PRESIDENTS, HE DIED IN 1915,
HE WORKED AS A JANITOR TO PAY FOR HIS TUITION, IT'S
IMPORTANT TO KNOW HOW THINGS WERE AND HOW THEY ARE
ADDRESSED TODAY, ASKED THAT EVERYONE TAKE A LITTLE TIME
TO SEE SOME GREAT AMERICANS THAT HAD AN IMPACT ON THE
COUNTRY
COUNCILMEMBER SAM - THANKED MR. GRAY FOR BEING AT THE MEETING TODAY,
APPRECIATES ALL THAT THE MUSEUM DID TO PUT THE EXHIBIT
TOGETHER, MENTIONED WAYS THAT CITIZENS CAN CONTRIBUTE
TO THE COMMUNITY, COMMENTED ON THE STREETS, STATED THAT
Minutes — February 5, 2019
COUNCIL WILL DO WHAT THEY NEED TO DO TO MAKE THE STREETS
BETTER AND THEY ARE WORKING HARD TO MAKE IT HAPPEN,
APPRECIATED THE COMMENTS BY MR. BALSAMO, MENTIONED
THE BRICKYARD NEIGHBORHOOD ASSOCIATION MEETING HE
ATTENDED, STATED THAT THERE ARE A LOT OF THINGS THAT TAKE
PLACE AND A LOT OF THINGS THAT HAPPEN THAT CITIZENS AREN'T
AWARE OF WHERE COUNCIL IS CONCERNED
COUNCILMEMBER GETZ - ANNOUNCED THE GIFT OF LIFE SURVIVOR CELEBRATION TAKING
PLACE ON TONIGHT AT THE JEFFERSON THEATRE STARTING AT
6:00 P.M., THERE WILL BE AN EVENT HOSTED BY THE CVB AT
FORD PARK ON TONIGHT FROM 5:30 TO 7:30 P.M., ALSO THE
MOVIE GOD FATHER PART II WILL BE PLAYING AT THE JEFFERSON
THEATRE ON FRIDAY, FEBRUARY 8, 2019, THE COST WILL BE
$5.00
COUNCILMEMBER JORDAN - ANNOUNCED THE MAGNOLIA GARDEN CLUB HOME TOWN
HABITAT, THE STORIES OF BRINGING NATURE HOME, THERE WILL
BE A FREE MOVIE SCREENING ON FEBRUARY 20, 2019, AT
JEFFERSON THEATRE, THIS IS ONE OF THE INSTALLMENTS OF OUR
NEW STATUS AS A BEE CITY, ALSO MADE COMMENTS REGARDING
HER TRIP TO MEXICO, THERE WAS A PART OF A PARK THAT WAS
CLEARED OUT WITH A SIGN THAT ENCOURAGES POLLINATORS
ETC., STATED THAT SHE IS ALL FOR THE CITY TRYING SUCH A
THING, COMMENTED ON THE L.L. MELTON FACILITY, STATED THAT
SHE HAS VISITED THE FACILITY AND WHAT A GREAT JOB DR.
FARRELL HAS DONE, COMMENTED ON THE AMOUNT OF MUSEUMS
THAT THE CITY HAS AND CITIZENS AS WELL AS VISITORS NEED TO
BE ENCOURAGED MORE TO VISITS THEM, ALSO MADE MENTION OF "
BLACK HISTORY MONTH AND THE HISTORY OF LIT PRESIDENT
LONNIE HOWARD AND HOW HE GOT TO WHERE HE IS TODAY
CITY ATTORNEY COOPER - STATED THAT DURING THE PUBLIC COMMENTS, THERE WAS
MISINFORMATION GIVEN, WANTED TO CLARIFY, THE LEASE THAT
HE HAS IN FRONT OF HIM REGARDING THE SARAH STREET
PROPERTY DATED AUGUST 1, 2013, INDICATES THAT THE LESSEE
HAS INSPECTED THE PROPERTY AND ACCEPTS IT IN ITS PRESENT
CONDITION, THE AGREEMENT GOES ON TO SAY THAT THE CITY
AGREES TO ALLOW THE LESSEE TO MAKE ADDITIONS TO THE
BUILDING, THERE IS NOTHING IN THE LEASE THAT MANDATES THAT
DR. FARRELL DOES, WANTED TO CLARIFY THAT, IT WAS STATED
EARLIER THAT DR. FARRELL WAS MANDATED TO MAKE CERTAIN
IMPROVEMENTS, THE AGREEMENT DOES MANDATE THAT SHE
KEEPS THE BUILDING CLEAN AND MAKE ROUTINE MAINTENANCE
AND GROUNDS UPKEEP AND PAY ALL UTILITIES
CITY MANAGER HAYES - MADE COMMENTS REGARDING THE L.L. MELTON, STATED THAT
HE KNOWS MRS. SHELANDER AND MR. BALSAMO, CITY COUNCIL
AT THIS POINT AND TIME DOES NOT WANT TO DISRUPT DR.
FARRELL'S OPERATION BETWEEN THE HOURS OF 8:00 A.M. AND
Minutes — February 5, 2019
5:00 P.M., HASN'T HEARD ONE COUNCILMEMBER THAT HAS
PROPOSED THAT
MAYOR AMES - ANNOUNCED A FLAG RAISING CEREMONY ON SATURDAY,
FEBRUARY 9, 2019, AT 8:00 A.M., AT MLK PARK, THE MLK
PARADE WILL FOLLOW AT 10:00 A.M. ON MLK PARKWAY,
THANKED MR. DAVIS FOR HIS COMMENTS, MENTIONED A FEW
THINGS THAT WILL BE CELEBRATED OVER THE NEXT COUPLE OF
MONTHS, THE FIRST WILL BE THE LAKESIDE CENTER WITH THE
BEST YEARS CENTER DOWN STAIRS, DOESN'T HAVE THE EXACT
DATE AS OF YET, ,THE NEW FIRE STATION #1 AT THE BABE
ZAHARIAS PARK AREA WILL BE OPENING VERY SOON AS WELL,
THE CITY IS STILL CELEBRATING ITS 180TH BIRTHDAY, THERE WILL
BE SOMETHING EVERY MONTH THIS YEAR, IN REGARDS TO
INFRASTRUCTURE THE NORTHWEST PARKWAY WAS OPENED
WITHIN THE LAST FEW WEEKS WHICH CONNECTS PARKDALE MALL
ALL THE WAY TO MAJOR DR.
Open session of meeting recessed at 2:31 p.m.
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Claim of Edna Hornsby
* Consider matters related to the deliberation of the purchase, exchange, lease or value fo
real property in accordance with Section 551.072 of the Government Code, to wit:
Specifically city -owned property at 3455 Sarah Street
g no plption ta�eyn inExecutive Session, Council adjourned.
I
Tina Broussard, City Clerk
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Minutes — February 5, 2019