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HomeMy WebLinkAbout09/29/2020 MINBEAUMONT T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING W.L. Pate, Jr., At -Large BECKY AMES, MAYOR Randy Feldschau, Mayor Pro Tern Taylor Neild, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel, Ward III SEPTEMBER 29, 2020 Robin Mouton, Ward IV 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 29, 2020, 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 the Consent Agenda only; Items 1 through 5 on the Agenda have already been heard in a Public Hearing * Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Raymond McHenry with Westgate Memorial 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 Feldschau, Councilmembers Neild, Getz, Samuel and Mouton. Absent: Councilmember Pate. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions None Public Comment: Persons may speak on the Consent Agenda only; Items 1 through 5 on the Agenda have already been heard in a Public Hearing None CONSENT AGENDA Approval of minutes — September 22, 2020 Confirmation of board and commission member appointments — Resolution 20-194 Minutes — September 29, 2020 Dorothy Sells Clover would be appointed to the Library Commission. The term would commence September 29, 2020 and expire September 30, 2021. (Mayor Becky Ames) A) Approve the repairs to a bulldozer used at the landfill — Resolution 20-195 B) Approve two contracts to supply asphaltic concrete for use by the Public Works Department — Resolution 20-196 C) Approve the write-off of uncollectible water accounts — Resolution 20-197 D) Authorize the City Manager to execute Change Order No. 1, accept maintenance, and authorize final payment to LD Construction for the Sherwood Drive Asphalt Resurfacing (Broad Oak Street to Piney Point Lane) Project — Resolution 20-198 E) Authorize the City Manager to execute Change Order No. 1, accept maintenance, and authorize final payment to Gulf Coast, a CRH Company for the Old Voth Road Asphalt Resurfacing (Tram Road to Griffing Road) Project — Resolution 20-199 F) Authorize the City Manager to execute Change Order No. 1, accept maintenance, and authorize final payment to LD Construction for the Piney Point Lane Asphalt Resurfacing (Sherwood Drive to Helbig Road) Project — Resolution 20-200 G) Approve the City of Beaumont Investment Policy — Resolution 20-201 Mayor Pro Tern Feldschau moved to approve the Consent Agenda. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED GENERAL BUSINESS Consider a request for a Rezoning of approximately 6.7 acres from GC -MD (General Commercial - Multiple -Family Dwelling) to LI (Light Industrial) District and approximately 30.58 acres from RS (Residential Single -Family Dwelling) to GC-MD-2 (General Commercial - Multiple -Family Dwelling - 2) with a Specific Use Permit to allow an outside lay down yard and Fleet Maintenance located at the northeast corner of Eastex Freeway and Chinn Lane. Mallory Martin is requesting a rezoning and Specific Use Permit to allow a laydown yard at the northeast corner of Eastex Freeway and Chinn Lane. Entergy has purchased the property and would like to relocate their offices, fleet maintenance and outside storage to this property. Out of the entire 131.467 acre tract approximately 33 acres are currently zoned LI (Light Industrial) District, approximately 6.73 acres is zoned GC -MD (General Commercial — Multiple -Family Dwelling) District, and the remaining approximately 30.41 acres is zoned RS (Residential Single -Family Dwelling) District. Entergy would like to rezone the 6.73- acre portion to LI, and the 30.41 portion to GC-MD-2 (General Commercial — Multiple -Family Minutes — September 29, 2020 Dwelling — 2) District. A laydown yard requires a Specific Use Permit in GC-MD-2. This will abut both additional LI and now GC-MD-2 zoning to the existing RS zoning and residential properties along Lawrence Drive. Entergy proposes to limit damage to their residential neighbors by installing a large detention pond near the corner of Chinn Lane and Lawrence Drive.. In addition, a minimum fifty (50) foot wide buffer is proposed along the line adjoining the residential properties. At a Joint Public Hearing held on September 21, 2020, the Planning Commission recommended 7:0 to approve the request for a Rezoning of approximately 6.7 acres from GC -MD (General Commercial - Multiple -Family Dwelling) to LI (Light Industrial District and approximately 30.58 acres from RS (Residential Single -Family Dwelling) to GC-MD-2 (General Commercial - Multiple -Family Dwelling - 2) with a Specific Use Permit to allow an outside lay down yard and Fleet Maintenance. 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 APPROXIMATELY 6.7 ACRES OF PROPERTY PRESENTLYZONED GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT AND APPROXIMATELY 30.58 ACRES OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF EASTEX FREEWAY AND CHINN LANE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Mayor Pro Tem Feldschau seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS GETZ, SAMUEL AND MOUTON NAYS: NONE ABSTAIN: COUNCILMEMBER NEILD MOTION PASSED Ordinance 20-052 Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN OR ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN OUTSIDE LAY DOWN YARD AND FLEET MAINTENANCE FACILITY IN AN LI (LIGHT INDUSTRIAL) DISTRICT AND A GC-MD-2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF EASTEX FREEWAY. AND CHINN LANE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Feldschau seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS GETZ, SAMUEL AND MOUTON NAYS: NONE Minutes — September 29, 2020 ABSTAIN: COUNCILMEMBER NEILD MOTION PASSED Ordinance 20-053 2. Consider a request to Rezone a property located at the northwest corner of Maida Road and Betsy Lane from IRS (Residential Single Family) to RM-M (Residential Multiple -Family Dwelling — Medium Density) District. Helbig Community Development Corporation has requested a rezoning for property located at the northwest corner of Maida Road and Betsy Lane. A tentative site plan provided by the applicant indicates they wish to construct a multi -family development at this location. Water and sewer lines are available at this location however, the developer's engineer will need to determine if adequate capacity exists for the proposed development. At a Joint Public Hearing held on September 21, 2020, the Planning Commission recommended 7:0 to approve the request. Approval of the ordinance. Councilmember Neild 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 DISTRICT TO RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING -MEDIUM DENSITY) DISTRICT FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF MAIDA ROAD AND BETSY.LANE; BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 20-054 3. Consider a request for a Specific Use Permit to allow a short-term foster home in an RCR-H (Residential Conservation Revitalization - Historic) District located at 2406 Broadway Street. Harvest House Ministry has requested a Specific Use Permit for the property located at 2406 Broadway Street. The applicant would like to use the property as a temporary foster home. This property was formerly Jason's Deli Corporate office. Children would reside at this property until a more permanent situation can be provided for them. As such, the property would become much more residential in nature. Minutes — September 29, 2020 At a Joint Public Hearing held on September 21, 2020, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a short term Approval of the ordinance. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SHORT TERM FOSTER HOME IN AN RCR-H (RESIDENTIAL CONSERVATION REVITALIZATION -HISTORIC DISTRICT FOR PROPERTY LOCATED AT 2406 BROADWAY STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Neild seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 20-055 4. Consider a request for an Amended Specific Use Permit to allow for the expansion of 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 Management has requested an Amended Specific Use Permit to allow the expansion of 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) District, and a Specific Use Permit was approved to allow an eight (8) bed facility in one building located on the RM-H (Residential Multiple Family Dwelling - Highest Density) zoned portion of the property. This new proposal will allow for 32 beds in the previously approved building and an additional 42 beds in the second structure. The facility will be treating both adult male and female patients. Patients will remain at the facility for 15-20 days. The facility will have 22 beds available for detoxification and 52 beds available for residential post -detoxification treatment. In addition, the facility will offer outpatient programs for alcohol and drug abuse. Security will be provided by an up to eight -foot fence around the entire facility along with 24- hour on campus security guards. Security cameras will also be used. Patients will not be allowed outside of the buildings during treatment. For additional security to the neighbors, an eight (8) foot tall fence should be maintained between the facility and any abutting residential properties due to the nature of the use. At a Joint Public Hearing held on September 21, 2020, the Planning Commission recommended 7:0 to approve the request for an Amended Specific Use Permit to allow for the expansion of an alcohol and drug rehabilitation facility in in an RM-H (Residential Multiple -Family Dwelling - Highest Density) District with the following conditions: Construction plans must meet all requirements by Water Utilities forwater and sanitary sewer services, including the requirement of the City's pre-treatment program. Minutes — September 29, 2020 2. An eight (8) foot tall wood or masonry privacy fence be installed and maintained between the facility and any abutting residential properties. Approval of the ordinance with the following conditions: Construction plans must meet all requirements by Water Utilities forwater and sanitary sewer services, including the requirement of the City's pre-treatment program. 2. An eight (8) foot tall wood or masonry privacy fence be installed and maintained between the facility and any abutting residential properties. Councilmember Mouton moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF AN ALCOHOL AND DRUG REHABILITATION FACILITY IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY DISTRICT FOR PROPERTY LOCATED AT 950 WASHING BOULEVARD, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 20-056 5. Consider a request for an Amended Specific Use Permit to allow Retail and Condominiums in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District located at 4515 N. Major Drive. Phuc Nhat Le is requesting an Amended Specific Use Permit to allow retail and condominiums at 4515 N. Major Drive. The proposed development would consist of 17 condominiums and approximately 23,080 square feet of retail space. In December of 2019, a request for retail and storage was approved. The proposed site plan has been updated to include private access to 17 condominiums at the rear of the property as opposed to the approved storage facility. The number and location of driveways is subject to approval of TXDOT. Any substantial changes to the site plan resulting from driveway approval may necessitate additional review of the plan via the Specific Use Permit process. At a Joint Public Hearing held on September 21, 2020, the Planning Commission recommended 7:0 to approve the request for an Amended Specific Use Permit to allow Retail and Condominiums in a GC-MD-2 (General Commercial — Multiple Family Dwelling - 2) District. Approval of the ordinance. Minutes — September 29, 2020 Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW A RETAIL FACILITY AND CONDOMINIUMS IN A GC-MD-2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 4515 N. MAJOR DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 20-057 PUBLIC HEARING Receive comments on the 2019 Consolidated Annual Performance and Evaluation Report (CAPER) Public Hearing Open: 1:45 p.m. None Public Hearing Close: 1:45 p.m. 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) None Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER MOUTON - STATED THAT ON SUNDAY SHE WAS PRIVILEGED TO BE WITH THE PASTORS FOR PRAY BEAUMONT, THANKED THOSE THAT CAME OUT TO RIDE THE PREMITERS TO PRAY FOR THE CITY, ENCOURAGED EVERYONE TO COME OUT WITH THEM ON NEXT YEAR, IT WAS A GREAT EXPERIENCE COUNCILMEMBER SAMUEL - STATED THAT THERE WAS A REQUEST MADE BY SOME OF THE RESIDENTS ON STEVE DR., FOR THE CITY OF BEAUMONT TO ADOPT THE RIGHT OF WAY, IT'S A PRIVATE STREET AND THE RESIDENTS WOULD LIKE IT TO BE TAKEN IN AS A PUBLIC STREET, ASKED THAT STAFF KEEP HIM UP TO DATE AS THEY MOVE FORWARD, RECEIVED A CONCERN BY A RESIDENT THAT Minutes — September 29, 2020 LIVES AT 3795 AUDREY ST., THERE'S OVER GROWN GRASS ON THE LOTS ACROSS THE STREET, STATED THAT HE WENT BY THE PROPERTY AND THERE ARE WEEDS THAT ARE GROWING OVER THE CURB ONTO THE STREET, THE WEEDS ARE ABOUT FOUR TO FIVE FEET HIGH, ASKED THAT STAFF TAKE CARE OF THIS COUNCILMEMBER PATE - ABSENT MAYOR PRO TEM FELDSCHAU - NONE COUNCILMEMBER NEILD - NONE COUNCILMEMBER GETZ - STATED THAT HE RECENTLY DISCOVERED AN ATTORNEY GENERAL'S OPINION THAT WAS ISSUED THIS YEAR THAT TALKS ABOUT THE CITY'S ABILITY TO ENFORCE RESTRICTIVE COVENANTS THAT MAY RUN WITH LAND WHEN PEOPLE BUY PROPERTY THAT'S RECORDED IN THE COUNTY CLERK'S OFFICE, FOR THE TEN YEARS THAT HE'S BEEN ON COUNCIL HE'S BEEN TOLD THAT IT'S A MATTER BETWEEN THE PRIVATE PARTIES AND WHILE THAT IS TRUE, HE WAS PREVIOUSLY TOLD THAT THE CITY DOESN'T HAVE THE ABILITY TO ENFORCE THESE RESTRICTIONS, ASKED WHY THE AG MIGHT FEEL THAT THE CITY CAN ENFORCE RESTRICTIVE COVENANTS, STATED THAT THIS IS IMPORTANT BECAUSE IN THE DOWLEN WEST NEIGHBORHOOD WHICH IS IN THE WARD THAT HE SERVES, ALL OF THOSE PROPERTIES ARE ENCUMBERED WITH RESTRICTIVE COVENANTS AND SOME OF THOSE RESTRICTIVE COVENANTS ADDRESS THINGS SUCH AS, BUILDING FENCES AND PARKING BOATS IN THE FRONT YARD TO HAVING CERTAIN TYPES OF LIVESTOCK ON THE PROPERTY ETC., IT'S ALWAYS BEEN UP TO THE HOMEOWNERS TO ENFORCE THE VIOLATIONS, WHICH IS WHAT HE'S BEEN TOLD IN THE PAST, STATED THAT HE SENT AN EMAIL TO THE CITY MANAGER ADVISING OF THE AG OPINION AS WELL AS TO THE CITY ATTORNEY, HE WOULD APPRECIATE A RESPONSE FROM THE CITY ATTORNEY AS TO WHETHER OR NOT IT WOULD BE POSSIBLE MOVING FORWARD FOR THE CITY TO ENFORCE THE RESTRICTIVE COVENANTS BECAUSE HE'S STARTING TO SEE MORE AND MORE VIOLATIONS, IF THE CITY HAS THE ABILITY TO ENFORCE THEM THEN HE WOULD LIKE TO SEE THAT HAPPEN, WOULD ALSO LIKE TO RECEIVE A RESPONSE CITY ATTORNEY COOPER - RESPONDED TO COUNCILMEMBER GETZ'S COMMENTS, STATED THAT HE WASN'T SURE IF THE TWO NEW COUNCILMEMBERS HAVE BEEN MADE AWARE OF THESE OPINIONS THAT HAVE BEEN DONE AND THE RESPONSE THAT HAS BEEN GIVEN IN THE PAST, THE QUESTION BECOMES DOES THE CITY HAVE THE ABILITY TO ENFORCE DEED RESTRICTIONS, STATED THAT WHAT HE HAS LEARNED AND KNOWN IN MUNICIPAL LAW IS THAT THE CITY DOES NOT, THE REASON BEING IS BECAUSE THOSE RESTRICTIONS ARE A CONTRACT Minutes — September 29, 2020 BETWEEN THE PROPERTY OWNERAND THE DEVELOPER OR THE SUBSEQUENT PROPERTY OWNER, THE DEED RESTRICTIONS RUN WITH THE LAND, IF THERE IS A PROPERTY WITH DEED RESTRICTIONS THERE IS EITHER A HOMEOWNERS ASSOCIATION OR PROPERTY OWNERS ASSOCIATION WHO CAN ENFORCE THOSE DEED RESTRICTIONS, THE CITY IS NOT A PARTY TO THAT CONTRACT, THE ATTORNEY GENERAL'S OPINION THAT COUNCILMEMBER GETZ REFERRED TO STARTS OFF BY SAYING THAT THE DEED RESTRICTIONS ARE A PRIVATE CONTRACT BETWEEN PRIVATE PARTIES, NO WHERE IN THE OPINION DOES IT SITE ANY CASE LAW THAT SAYS OTHERWISE, THERE'S A PROVISION IN THE LAW THAT GIVES CITIES WITH A POPULATION OF 1.5 MILLION OR MORE THE ABILITY TO ENFORCE DEED RESTRICTIONS, AN EXAMPLE WOULD BE THE CITY OF HOUSTON, THEY AREN'T ZONED SO THE LAW WAS GIVEN TO ALLOW THEM TO ENFORCE DEED RESTRICTIONS, THERE'S ALSO HOMEOWNERS ASSOCIATIONS THAT ENFORCE THE DEED RESTRICTIONS AS WELL, STATED THAT HE STANDS ON THE OPINION THAT CITIES LIKE BEAUMONT DON'T HAVE THE AUTHORITY TO ENFORCE DEED RESTRICTIONS, IF THE COUNCIL IS INTERESTED IN ENFORCING DEED RESTRICTIONS HE WILL CERTAINLY LOOK AT IT CITY MANAGER HAYES - NONE MAYOR AMES - STATED THAT THE 2020 CENSUS WILL END FIELD DATA COLLECTION AND SELF -RESPONSE OPTIONS ON WEDNESDAY, SEPTEMBER 30, 2020, THE WEB SITE FORANYONE THAT STILL NEEDS TO DO THE CENSUS ONLINE CAN GO TO 2020CENSUS.GOV, ANNOUNCED A HOUSEHOLD HAZARDOUS WASTE COLLECTION EVENT THAT WILL BE HELD ON OCTOBER 24, 2020, FROM 8:00 A.M. TO 1:00 P.M., AT THE BRIDGE CITY INTERMEDIATE SCHOOL PARKING LOT, LOCATED AT 1029 W. ROUNDBUNCH RD., IN BRIDGE CITY, FOR MORE INFORMATION ON THE EVENT PLEASE GO TO THE CITY OF BEAUMONT'S WEBSITE BEAUMONTTEXAS.GOV AS WELL AS THE WEB SITE FOR SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION, WWW.SETRPC.ORG, ANNOUNCED LEMONADE DAY WHICH WILL BE HELD ON TODAY SEPTEMBER 29, 2020 AT THE BEAUMONT CHILDREN'S MUSEUM, IT WILL BE A DRIVE THRU EVENT, ALSO ANNOUNCED THE COMMUNITY COVID TESTING SITE THAT WILL BE AT CRISTO REY CHURCH, LOCATED AT 767 AVENUE A, STARTING SEPTEMBER 28, 2020 THROUGH OCTOBER 2, 2020, FROM 8:00 A.M. TO 4:00 P.M., NO APPOINTMENTS ARE NEEDED Open session of meeting recessed at 2:04 p.m. Minutes — September 29, 2020 ABSTENTION AFFIDAVIT THE STATE OF TEXAS § COUNTY OF JEF�FERSON § I �l, �,1 l� , as a member of theC,ul,�.� �� (City Council, Commission, or Board) Make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, h i t a substantial erest in a business entity that would be peculiarly affected by a vote or decision of the rAIDA ICity Council, Commission, or Board) as those terms are defined in V.T.C.A., Local Government Code, § 171.002. I 5 C. ' The business entity is: q &�Y cN, (Na ) onl 39 D f G V OnlRc'. (A ress) ("I," or name of relative and relationship) have/has a substantial interest in this business entity for the following reasons: (check all of which are applicable.) Ownership of 10 percent or more of the voting stock or shares of the business entity. Ownership of either 10 percent or more or $15,000 or more of the fair market value of the business entity. Funds received from the. business entity exceed 10 percent of (my, her, his). gross income for the previous year. Real property is involved, and (I, he, she) have an interest which is an equitable or legal ownership with a fair market value of at least $2,500. . A relative of mine, within the first or second degree by blood or marriage, has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Clerk, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this the day of �r�X' , 20C2 0 ure of Official I.fa�d 01) 1Af1Q I me." Q4 Title f BEFORE ME, the undersigned authority, on this day personally appeared ICU and on oath stated that the facts hereinabove stated are true to the best of ii SWORN to and subscribed before me TINA GAIL BROUSSARD aai Notary Public, State of Texas ;'?= Comm. Expires 01-12-2023 �'a';a���`.�`� Notary ID 11436119 this the day of Public in and for the Sate of Texas or IV eka knowledge oIr belief. 20&6 EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Southern Choice Consulting, LLC v. City of Beaumont; Cause No. A-205,533 * Consider matters to deliberate the employment, evaluation, duties of a public officer or employee in accordance with Section 551.074 of the Government Code to wit; specifically: Kyle Hayes, City Manager Tyrone Cooper, City Attorney re being no action taken in Executive Session, Council adjourned. Mayor Tina Broussard, City Clerk Minutes — September 29, 2020