HomeMy WebLinkAboutMIN MAY 14 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 I CITY COUNCIL MEETING Michael D. Getz, Ward II
Audwin Samuel, Ward III MAY 14, 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 May 14, 2019, at the City
Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m'. to consider the following:
Mayor Ames called the council meeting to order at 1:30 p.m.
Pastor Dwight Benoit with Magnolia Missionary 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 Tem Mouton, Councilmembers Jordan, Getz,
Sam, Pate and Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City
Attorney; Tina Broussard, City Clerk.
ELECTION OF MAYOR AND COUNCILMEMBERS
* Consider approval of an ordinance canvassing the results of the May 4, 2019, City of
Beaumont General Election
Council to consider approval of an Ordinance canvassing the results of the May 4, 2019, City
General Election.
The Election Code, Section 67.003, states that each local canvassing authority shall
convene to conduct the local canvass at the time set by the canvassing authority's presiding
officer not earlier than the eighth day or later than the eleventh day after Election Day.
Council shall meet and canvass the returns and officially declare the results. Elected
officials will be sworn in and take office in their respective positions.
The canvassing totals that are reflected in the draft ordinance are not the final canvassing
numbers as they will be provided by the Jefferson County Early Voting Clerk on or before
May 14, 2019.
Approval of ordinance.
Councilmember Getz moved to APPROVE AN ORDINANCE CANVASSING THE RETURNS OF THE
GENERAL ELECTION OF THE CITY OF BEAUMONT HELD ON THE 4TH DAY OF MAY 2019, FOR THE
PURPOSE OF ELECTING A MAYOR, TWO COUNCILMEMBERS-AT-LARGE, FOUR (4) WARD
COUNCILMEMBERS (WARDS I, II, III AND IV); PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
REPEAL. Councilmember Jordan seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ,
SAM, PATE AND SAMUEL
Minutes — May 14, 2119
TREND CONTINUE AND FOR THE NUMBERS TO INCREASE,
APPRECIATES THE OPPORTUNITY TO SERVE THE CITIZENS OF
BEAUMONT, WILL WORK HARD OVER THE NEXT TWO YEARS TO
EARN AND KEEP THE TRUST OF THE CITIZENS OF BEAUMONT,
STATED THAT HE AGREES WITH COUNCILMEMBER SAMUEL TO
GOD BE THE GLORY
COUNCILMEMBER GETZ - STATED THAT THEY HAD A VERY SPIRITED ELECTION IN WARD
II, VERY THANKFUL TO ALL THOSE THAT CAME OUT AND
PARTICIPATED IN THE PROCESS, STATED THAT HE AND HIS
OPPONENT JEFFERSON FISHER HAD LUNCH FOR SEVERAL
HOURS, LEARNED THAT THEY DO HAVE MANY MORE THINGS
THAT UNITE THEM THAN DIVIDE THEM, BOTH SEE TREMENDOUS
POTENTIAL FOR BEAUMONT AND WHAT CAN BE DONE IN THE
FUTURE, STATED THAT HE WILL CONTINUE TO BE A VOICE FOR
THE CITIZENS OF WARD II, IF THERE IS ANYTHING THEY NEED
THEY CAN COUNT ON HIM TO BE THERE AND TO SHOW HIS
CONCERN, WILL DO HIS VERY BEST TO TAKE CARE OF THE
PROBLEM AND TO SEE IT THROUGH TO THE END, LOOKS
FORWARD TO WORKING WITH THE REST OF COUNCIL
CITY MANAGER HAYES - THANKED COUNCILMEMBER SAM FOR HIS SERVICE ON
COUNCIL, HE HAS ALWAYS BEEN GREAT TO WORK WITH,
THANKED HIS WIFE MARY FOR HER SUPPORT AND ALWAYS
BEING THERE FOR MR. SAM AS WELL AS THE CITY,
CONGRATULATED ALL OF THE COUNCILMEMBERS THAT WERE
REELECTED, WELCOMED COUNCILMEMBER FELDSCHAU, HE
AND STAFF LOOK FORWARD TO WORKING WITH HIM TO MOVE
THE CITY FORWARD
CITY ATTORNEY COOPER - CONGRATULATED COUNCILMEMBERS ON THEIR REELECTION,
STATED TO COUNCILMEMBER SAM THAT THEY WON'T MISS HIM
BECAUSE HE'S NOT GOING ANYWHERE, HIS PHONE NUMBER IS
KNOWN, WELCOMED COUNCILMEMBER FELDSCHAU ABOARD,
STATED THAT THE TWO HAVE HAD GOOD CONVERSATIONS
THUS FAR, LOOKS FORWARD TO WORKING WITH HIM
MAYOR AMES - THANKED HER HUSBAND RODNEY, STATED THAT THEY HAVE
BEEN DOING THIS FOR A LONG TIME, THEY HAVE BEEN
THROUGH FOURTEEN (14) CAMPAIGNS, ONE, ONE (1) YEAR
TERM AND WAS UNOPPOSED ONCE BACK IN 2009, THANKED
EVERYONE WHO CAME OUT AND VOTED, AS COUNCILMEMBER
FELDSCHAU STATED, THE VOTER TURNOUT WAS A LITTLE BIT
HIGHER THAN TWO (2) YEARS AGO BUT NEEDS TO BE HIGHER,
LOOKING FORWARD TO THE CHALLENGES THAT ARE AHEAD,
APPRECIATES EVERYONE THAT'S IN ATTENDANCE ON TODAY,
ALSO THANKED TONYA LEE WHO HAS BEEN WITH HER SINCE
THE BEGINNING (1994) AS WELL AS CINDY PATE,
APPRECIATES BOTH OF THEM AS WELL AS HER FRIENDS AND
FAMILY AND FORMER MAYORS, THANKED LOCAL FIRE
Minutes — May 14, 2119
FIGHTER'S LOCAL 399, BEAUMONT POLICE OFFICERS
ASSOCIATION, THE BEAUMONT ENTERPRISE, THE EXAMINER,
PPAC (PEOPLES POLITICAL ACTION COMMITTEE), SABINE
AREA CENTRAL LABOR COUNCIL AND THE EL PERICO
SPANISH NEWSPAPER, THANKED THEM ALL FOR THE
ENDORSEMENTS WHICH IS VERY IMPORTANT TO HER, STATED
THAT SHE'S UP FOR THE CHALLENGE AND EXCITED ABOUT THE
NEXT TWO YEARS, ALSO CONGRATULATED COUNCILMEMBER
FELDSCHAU ON HIS ELECTION AND WELCOMED HIM ABOARD,
APPRECIATES EVERYONE THAT IS PRESENT ON TODAY AND FOR
ALL OF THEIR SUPPORT
Recessed meeting at — 2:18 p.m.
Reconvened meeting at — 2:47 p.m.
Proclamations, Presentation, Recognitions
None
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 item No. 2/Consent Agenda
None
CONSENT AGENDA
* Approval of minutes — April 30, 2019
* Confirmation of committee appointments — None
A) Approve the City of Beaumont Investment Policy — Resolution 19-099
B) Authorize the settlement of the lawsuit styled Christine H. Mickles v. City of
Beaumont, Texas; Cause No. 197,926 — Resolution 19-100
C) Approve a payment to Motorola for a maintenance agreement to support the 800 MHz
radio system — Resolution 19-101
D) Approve a resolution accepting payment for a weed lien and waiving interest for
property located at 3150 Waverly — Resolution 19-102
Councilmember Samuel moved to approve the Consent Agenda. Councilmember Jordan
seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ,
FELDSCHAU, PATE AND SAMUEL
Minutes — May 14, 2119
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
1. Consider a request for a Specific Use Permit to allow a multiple -family development in a GC -
MD -2 (General Commercial -Multiple Family Dwelling) District located at 7155 CalderAvenue.
Item Tabled for Two Weeks
Zulag Properties, L.L.C., requested a Specific Use Permit for the property located at 7155
Calder Avenue. They are requesting permission to establish a multiple -family dwelling
complex in the form of townhomes. These townhomes will be for lease only and will not be
available for individual ownership.
The complex will consist of sixteen (16) buildings with four (4) townhomes in each building,
for a total of sixty-four (64) units.
At a Joint Public Hearing held on April 15, 2019, the Planning Commission recommended
7:0 to deny the request for a Specific Use Permit to allow a multiple -family development in a
GC -MD -2 (General Commercial -Multiple Family Dwelling) District located at 7155 Calder
Avenue with the following conditions:
Engineering requires five (5) handicap parking spaces with a minimum of one (1) van
accessible parking space
2. Provide a five (5) foot wide sidewalk along Calder Avenue.
The Zoning Ordinance states, "The City Council shall not amend, supplement, change,
modify or repeal any regulation, restriction or boundary or approve a Specific Use Permit
where a protest against such change (has been filed), signed by the owners of twenty
percent (2096) or more either of the area of the lots included in such proposed change or of
the lots or land immediately adjoining the same and extending two hundred (200) feet
therefrom, except by the favorable vote of three-fourths (314) of all the members of the City
Council."
Protest against this request was received from 30.8% of the lots and land immediately
adjoining the subject property. Therefore, a favorable vote of three-fourths (3/4) of all the
members of the City Council shall be required to approve the requested Specific Use Permit.
Given the extensive discussion of traffic concerns related to this proposed development
during the public hearing, the Public Works Department conducted a supplementary
analysis. This analysis supports the original recommendation in that while the additional
dwelling units will add congestion, it will not be enough of an impact to downgrade the "Level
of Service" of the roadway. This holds true even with the additional traffic associated with
the recent expansion of Calder Woods.
Due to concerns raised at the public hearing, engineering staff recommends adding and/or
altering the following conditions:
Provide five (5) foot wide sidewalks along Calder Avenue and Pinchback Road.
Minutes — May 14, 2119
2. Remove all driveways entering and exiting from Pinchback Road.
Approval of the request with the following conditions:
1. There must be a minimum of one van accessible handicap spot. However, it is
preferable to provide one at each building. The southernmost building must have a
designated parking area.
2. Provide five (5) foot wide sidewalks along Calder Avenue and Pinchback Road.
3. Remove all driveways entering and exiting from Pinchback Road.
2. Consider a resolution authorizing the City Manager to apply for and receive funding through
the Department of Homeland Security 2019 Port Security Grant Program.
The Homeland Security Grant Program consists of a number of grant programs, one of
which is the Port Security Grant Program (PSGP). This grant can be utilized to enhance the
security of the Port of Beaumont and the agencies that support it since the Port is designated
as critical)to national infrastructure. The grant will cover three projects with a total estimated
cost of $1,730,444. Approximately $1,044,815 would be applied toward the required annual
maintenance service to the regional radio system; $559,303 will be used to replace
approximately 117 mobile and portable radios that are past end -of -life, 20 radio chargers and
23 radio batteries; and $126,326 would be applied toward a tactical response equipment
project to include 14 ballistic vests, 10 mounts for night vision optics to attach them to
helmets, 3 ballistic rifle grade bunkers, 12 ballistic rifle and pistol shields, 3 ballistic blankets,
2 extension cables, 1 x-ray machine, 1 bounce imaging camera and 1 portable steel ramp.
The federal grant will cover 75% of the project totals. The match related to the regional radio
system is shared by all of the jurisdictions using the system. The match for the other two
projects will be paid for by the City of Beaumont.
Funds will be budgeted in the Capital Reserve in the FY 2020 Budget. The total match,
for the City of Beaumont is estimated to be $258,797.
Approval of the resolution.
Councilmember Jordan moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS
HEREBY AUTHORIZED TO EXECUTE ALL DOCUMENTS NECESSARY TO APPLY FOR AND ACCEPT GRANT
FUNDING THROUGH THE DEPARTMENT OF HOMELAND SECURITY 2019 PORT SECURITY GRANT
PROGRAM (PSGP) IN AN AMOUNT UP TO $1,730,444.00. Mayor Pro Tem Mouton seconded the
motion.
AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCIL'MEMBERS JORDAN, GETZ,
FELDSCHAU, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Resolution 19-103
Minutes — May 14, 2119
COMMENTS
Public Comments (Persons are limited to three minutes) — Suspended
Councilmembers/City Manager/City Attorney comments on various matters
COUNCILMEMBER COMMENTS
COUNCILMEMBER JORDAN - ANNOUNCED THE CALDER TWILIGHT FUN RUN, .LUNE 7, 2019,
THE ELECTION FOR THE WARD I RUNOFF WILL BE .LUNE 8,
2019, WITH EARLY VOTING STARTING ON MAY 28, 2019,
THROUGH JUNE 4, 2019, ASKED EVERYONE TO MARK THEIR
CALENDARS AND TO COME OUT AND VOTE
COUNCILMEMBER GETZ - STATED THAT IN HIS PRIOR COMMENTS FAILED TO THANK HIS
WIFE ALLISON GETZ, APPRECIATED ALL OF THE WORK•SHE DID
BEHIND THE SCENES TO HELP HIM SUCCESSFULLY WIN
REELECTION,
COUNCILMEMBER FELDSCHAU - ANNOUNCED THE BIRTH OF HIS NEW GRANDSON EARLY THIS
MORNING COLT RANDLE FELDSCHAU
COUNCILMEMBER PATE - WELCOMED COUNCILMEMBER FELDSCHAU TO COUNCIL, GLAD
TO BE BACK TO REPRESENT EVERYONE, ASKED THAT CITIZENS
LET COUNCIL KNOW WHAT THEY CAN DO BETTER
COUNCILMEMBER SAMUEL - CONGRATULATED AND WELCOMED COUNCILMEMBER
FELDSCHAU TO COUNCIL
MAYOR PRO TEM MOUTON - WELCOMED COUNCILMEMBER FELDSCHAU TO COUNCIL,
CONGRATULATED ALL OF .COUNCIL ON THEIR REELECTION,
STATED THAT SHE IS READY, WILLING AND ABLE TO SERVE NOT
ONLY WARD IV BUT THE CITY OF BEAUMONT
CITY ATTORNEY COOPER - NONE
CITY MANAGER HAYES - STATED THAT THE CITY CHARTER REQUIRES THAT THE
CAPITAL PROGRAM BE SUBMITTED BY MAY 15, 2019, OF
EACH YEAR, PASSED OUT THE PROPOSED 2020 CAPITAL
PROGRAM THAT WILL BE CONSIDERED THIS SUMMER AND
APPROVED AS PART OF THE BUDGET
MAYOR AMES - ANNOUNCED THE CITY OF BEAUMONT TEXAS TRASH OFF ON
MAY 18, 2019, IF ANYONE WOULD LIKE TO PARTICIPATE THEY
MAY DO SO BY SIGNING UP ON THE CITY OF BEAUMONT'S WEB
SITE BEAUMONTTEXAS.GOV, THE BEAUMONT POLICE
DEPARTMENT'S WILL HAVE ITS ANNUAL MEMORIAL CEREMONY
ON THURSDAY, MAY 16, 2019 AT 9:00 A.M. ON THE FRONT
STEPS OF THE POLICE DEPARTMENT, 255 COLLEGE ST.
Minutes — May 14, 2119
Open session of meeting recessed at 3:06 p.m.
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Claim of Donald Winfrey
re being no action taken in Executive Session, Council adjourned.
JIA a, l hQ
Tina Broussard, City Clerk
Y-4
Minutes — May 14, 2119