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Home My WebLink AboutMIN AUG 26 2008 M I N U T E S - CITY OF BEAUMONT W.L. Pate, Jr., At-Large BECKY AMES, MAYOR Gethrel Williams-Wright,At-Large Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Ward II Audwin Samuel, Mayor Pro Tem, Ward III August 26, 2008 Jamie Smith,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 on August 26, 2008, 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 Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 3 and 4/Consent Agenda Consent Agenda Mayor Pro Tern Samuel called the council meeting to order at 1:30 p.m. Bishop Curtis Guillory of Catholic Diocese of Beaumont gave the invocation. Councilmember Beaulieu led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Pro Tern Samuel, Councilmembers Coleman, Beaulieu,Wright, Pate and Smith. Absent: Mayor Ames. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Mayor Ames was absent due to Business. Proclamations, Presentations, Recognitions "Julie Rogers "Gift of Life" Prostate Cancer Awareness Day" - September 20, 2008 - Proclamation read by Councilmember Coleman; accepted by Kathy Chessher and Sarah Park "Million Father March Day" - August 7 - October 8, 2008 - Proclamation read by Councilmember Smith; accepted by John Guidry "MDA Day" - September 1, 2008 - Proclamation read by Councilmember W.L. Pate; accepted by Anna Papoutsis, District Director for MDA of Southeast Texas Office Public Comment: Persons may speak on scheduled agenda items 3 and 4/Consent Agenda. None Minutes-August 26,2008 Mayor Pro Tern Samuel read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. CONSENT AGENDA Approval of minutes - August 12, 2008 Confirmation of committee appointments - Resolution 08 - 229 Arthur Louis would be reappointed as Chairman of the Martin Luther King, Jr. Parkway Commission. The current term would expire July 24, 2009. (Mayor Becky Ames) A) Authorize the acquisition of property in the Van Wormer Addition for the Downtown Event Center (new Harvest Club) and Park - Resolution 08 - 230 B) Authorize the settlement of the claim of Joe Carter - Resolution 08 - 231 C) Approve Change Order No. 2 for Improvements to Rogers Park - Resolution 08 - 232 D) Authorize the acceptance of a water line easement to provide access for fire protection services to Willow Creek Country Club Estates, Section X-C - Resolution 08 - 233 E) Authorize the acceptance of two(2)water line easements to provide access for fire protection services at the Westbrook High School campus - Resolution 08 - 234 F) Authorize the acceptance of a water line easement to provide access for fire protection services to the Virginia Estates Apartment Complex - Resolution 08 - 235 G) Accept maintenance of the street,storm sewer,water and sanitary sewer improvements in the Meadows Subdivision, Phase One "A" West - Resolution 08 - 236 H) Authorize the acceptance of a water line easement to provide access for fire protection services to the Sunlight Manor Apartments Complex - Resolution 08 - 237 1) Authorize the award of a contract for Electrical Services - Resolution 08 - 238 Councilmember Wright made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Page 2 of 10 Minutes-August 26,2008 GENERAL BUSINESS 1. Consider a request to amend Section 30-4, Definitions, Section 30-24B, Permitted Use Table and Section 30-33, Special Conditions, City of Beaumont Zoning Ordinance. Administration recommended approval of a request for amendments to Section 30-4, Definitions, Section 30-24B, Permitted Use Table and Section 30-33, Special Conditions, City of Beaumont Zoning Ordinance. Due to issues that arose with the placement of"Industrialized Housing" in the Pine Island Bayou Estates Addition, city staff is recommending changes to Sec. 30-4, Definitions, Sec. 30-24B, Permitted Use Table and Sec. 30-33, Special Conditions of the City of Beaumont Zoning Ordinance. At a Joint Public Hearing held August 18, 2008, the Planning Commission recommended approval 9:0 of a request for amendments to Section 30-4, Definitions, Section 30-24B, Permitted Use Table and Section 30-33, Special Conditions, City of Beaumont Zoning Ordinance. Councilmember Beaulieu moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 30, SECTIONS 30-4 (DEFINITIONS), 30-24B (PERMITTED USE TABLE) AND 30-33 (SPECIAL CONDITIONS)OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADDRESS INDUSTRIALIZED HOUSING;PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Pate seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 066 2. Consider a request fora specific use permit to allow a floral shop and gift boutique in the CBD (Central Business District) at 770 Neches. Administration recommended approval of the request fora specific use permit to allow a floral shop and gift boutique in the CBD (Central Business District) at 770 Neches. The floral shop will occupy one of the rental spaces in a commercial building that was constructed as part of the Cathedral Square development. One of the commercial spaces is currently occupied by New York pizza and pasta restaurant. At a Joint Public Hearing held August 18, 2008, the Planning Commission recommended approval 9:0 of the request for a specific use permit to allow a floral shop and gift boutique in the CBD (Central Business District) at 770 Neches. Page 3 of 10 Minutes-August 26,2008 Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FLORAL SHOP AND GIFT BOUTIQUE IN THE CBD (CENTRAL BUSINESS DISTRICT) FOR PROPERTY LOCATED AT 770 NECHES IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 067 3. Consider a request to abandon a portion of Maddox Street and all of Maddox Circle. Administration recommended approval of the request to abandon a portion of Maddox Street and all of Maddox Circle. Jefferson County Drainage District#6 has applied for the abandonment. DD#6 has developed a plan to relieve the flooding in south Beaumont by constructing the Lamar Detention Basin Project-FEMA. DD#6 has acquired the property on each side of that portion of Maddox Street and Maddox Circle to develop the Lamar Detention Basin. At a Regular Meeting held August 18, 2008, the Planning Commission recommended approval 9:0 to abandon a portion of Maddox Street and all of Maddox Circle. Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ABANDONING A PORTION OF MADDOX STREET AND ALL OF MADDOX CIRCLE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 068 4. Consider authorizing the purchase of a centralized storage system related to police vehicle digital video. Administration recommended purchasing the centralized storage system from Sigma Solutions, Inc. under the State's Department of Information Resources contract in the amount of $368,855.96. Page 4 of 10 Minutes-August 26,2008 The Department of Information Resources(DIR)is the State's information technology agency and they assist other state and local government agencies with the acquisition and management of information technology. Purchases from these contracts meet all statutory bidding requirements. On March 6,2007,Council authorized the City Manager to apply for and receive funding from the Department of Homeland Security 2007 Port Security Grant Program. One of the three approved projects was the replacement of in-car camera systems for 100 police vehicles with data link and storage capability. The digital in-car camera system is antiquated and replacement parts are becoming unavailable this year. State and Federal law requires video monitoring by vehicles routinely used for law enforcement patrol and traffic duties. The new system will require extensive storage space to accomodate storing video from the large number of vehicles that will be equipped. In order to maximize use of the central storage solution,the Technology Services Division will utilize the one central storage solution for various storage needs within the City. Grant funds in the amount of $174,720 will be used towards the purchase price with the remaining $194,135.96 coming from the FY08 Technology Services operating budget and Capital Reserve Fund. COuncilmemberBeaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF A CENTRALIZED STORAGE SYSTEM IN THE AMOUNT OF $368,855.96 FROM SIGMA SOLUTIONS, INC., THROUGH THE STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES(DIR)CONTRACT. Councilmember Coleman seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 239 PUBLIC HEARING: Receive comments relating to a grant agreement with the Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds. Public Hearing Opened: 2:06 p.m. No Comments Public Hearing Closed: 2:07 p.m. 5. Consider authorizing the City Manager to execute an agreement with the Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds. Page 5 of 10 Minutes-August 26,2008 Administration recommended that Council conduct a public hearing and authorize the City Manager to execute a State/Local Urban Public Transportation Fiscal Year 2009 Project Grant Agreement with the Texas Department of Transportation for the City to receive State Public Transportation Funds. State funding, totaling $370,668, will fund part of the estimated local share of$1,800,000 to operate the Beaumont Municipal Transit System for FY 2009. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A STATE/LOCAL URBAN PUBLIC TRANSPORTATION FISCAL YEAR 2009 PROJECT GRANT AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE CITY OF BEAUMONT TO RECEIVE STATE PUBLIC TRANSPORTATION FUNDS IN THE AMOUNT OF $370,668 TO ASSIST IN OPERATING COSTS FOR THE BEAUMONT MUNICIPAL TRANSIT SYSTEM. Councilmember Coleman seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 240 6. PUBLIC HEARING: Receive comments on the 2008(FY 2009)Proposed Tax Rate of$0.64. Administration recommended that Council hold a public hearing, as scheduled, on the 2008 (FY 2009) Proposed Tax Rate of $0.64. In accordance with the Property Tax Code, the Council must make the following announcement: The meeting to vote on the tax rate will be held on September 16, 2008 at 1:30 p.m. in the Council Chambers. Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws in adopting their tax rate. Two public hearings are required if the proposed tax rate exceeds the lower of the effective tax rate or the roll back tax rate. A Notice of Public Hearing on Tax Increase is required to be published in the newspaper,on the city website,and on a television channel, if available. The notice was published in the newspaper on August 19, 2008 and is on the website and cable channel 4 regarding the proposal to increase total tax revenue from properties on the tax roll by 8.39%. Although there is a proposed decrease in the tax rate of $0.014, the increase is related to an increase in appraised property values. Applying the proposed tax rate of$0.64 and a 97% collection rate, budgeted revenues of $26,651,000 and $12,659,000 respectively to the General and Debt Service Funds are anticipated. The total rate of$0.64 is apportioned$0.433897/$100 assessed valuation to the General Fund and $0.206103/$100 assessed valuation toward the Debt Service Fund. Public Hearing Opened: 2:15 p.m. Page 6 of 10 Minutes-August 26,2008 Ward McCurtain 5975 Gladys Beaumont TX Asked if the Concord Street widening,traffic signals and Downtown Lake Projectwere in the budget, also discussed the value of property that has gone up Louis Vaughn 9615 Mapes Beaumont TX Commented on taxation and representation of the Pear Orchard and West Oakland addition and the issues that are not being addressed, suggested that there be no rate increases Public Hearing Closed: 2:21 p.m. WORKSESSION • Review and discuss a report related to Hurricane Rita Travel Trailers Chris Boone, Community Development Director, stated that in the wake of 2005's Hurricane Rita, FEMA provided temporary housing to about400 families in the form of travel trailers. In Beaumont, travel trailers used as a residence are prohibited in neighborhoods by the Zoning Ordinance. However,the City Council approved ordinances allowing the use of these FEMA trailers until September, 2007 to allow additional time for home repairs. At that point,approximately 169 trailers remained and the City Council offered more time for those who requested extensions. All extensions have now expired and of the 400 trailers originally documented, seven (7) remain occupied. Of the seven, four of the owners are eighter involved in a lawsuit or they are waiting for state funds to make needed repairs. A final decision was reached by Council,that by January 1, 2009,anyone who is going to continue living in a travel trailer must move the trailer to a mobile home park. COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - COMMENTED ON WHAT THE CITY HAS DONE FOR THE PEAR ORCHARD AND WEST OAKLAND ADDITION,READ REPORTS PERTAINING TO THE PEAR ORCHARD ADDITION FROM THE CAPITAL IMPROVEMENT PROJECT, STREET REHABILITATION,WATER AND SEWAGE PROJECT AS WELL AS THE TOTAL AMOUNT SPENT FROM EACH PROJECT, ALSO THERE HAS BEEN NO REPORT OF THE WEST NILE VIRUS IN THE CITY OF BEAUMONT,ANNOUNCED THE ENGAGEMENT OF HIS SON, CHRIS COUNCILMEMBER BEAULIEU - EXPRESSED A VOTE OF CONFIDENCE IN THE REAL ESTATE MARKET HERE IN BEAUMONT,AND THAT PROPERTIES HAVE NEVER BEEN OVER-VALUED LIKE IN THE STATE OF CALIFORNIA AND OTHER STATES IN THE NATION, STATED THAT MORTGAGES ARE PERSONAL DECISIONS,COMMENTED ON THE DEDICATION TO BUD LEONARD BY LAMAR UNIVERSITY, ANNOUNCED A FUND RAISER PLANNED FOR Page 7 of 10 Minutes-August 26,2008 HOTEL BEAUMONT ON FRIDAY, SEPTEMBER 5, 2008, THE THEME IS "DENIM AND DIAMONDS", RONA BARRETT WILL BE THEIR GUEST,TICKETS WILL BE$75.00 EACH,THE FUND RAISER WILL BE TO RAISE MONEY TO BUILD A GARDEN AT THE HOTEL COUNCILMEMBER WRIGHT- ATTENDED THE DUNBAR HIGH SCHOOL REUNION SERVICE AT FIRST FULL GOSPEL BAPTIST CHURCH, IN WHICH REV. VERNON TUBBS WAS A MEMBER OF THE 1968 GRADUATING CLASS WHICH IS LOCATED IN TEXARKANA, TEXAS, HE AND HIS CHURCH VISITED WITH ONE OF THEIR CLASSMATES HERE IN BEAUMONT TO CELEBRATE, CONGRATULATED JUDGE PAUL BROWN ON HIS PICTURE BEING PRESENTED TO THE COUNTY,WISHED HER AUNT,OLLIE MAE GRAVES A HAPPY 87TH BIRTHDAY, INTRODUCED HER SON, CORNELL WILLIAMS, WHO IS A ASSISTANT ATTORNEY GENERAL COUNCILMEMBER PATE - WISHED COUNCILMEMBER SMITH A HAPPY BIRTHDAY, COMMENTED ON BUD LEONARD AND LEONARD FIELD BEING DEDICATED IN HIS HONOR,THANKED KINSEL FORD FOR THE THIRD ANNUAL JAZZ FEST,REMINDED EVERYONE THAT THE HOME APPRAISALS DO NOT COME FROM THE CITY, THOSE APPRAISALS COME FROM THE JEFFERSON COUNTY APPRAISAL DISTRICT COUNCILMEMBER SMITH- COMMENTED ON THE SCHOOL SUPPLY DRIVE THAT WAS HELD SATURDAY,AUGUST 16,2008,THANKED ALL OF THE ORGANIZATIONS THAT HELPED IN THE DRIVE, ANNOUNCED THE SOUTH PARK NEIGHBORHOOD ASSOCIATION MEETING ON THURSDAY, AUGUST 28, 2008 AT THE SOUTH PARK BAPTIST CHURCH,THANKED EVERYONE THAT ATTENDED HIS BIRTHDAY CELEBRATION MAYOR PRO TEM SAMUEL- APOLOGIZED TO PASTOR TUBBS FOR NOT BEING ABLE TO ATTEND THE REUNION SERVICE, CONGRATULATED BUD LEONARD FOR THE NAMING OF THE FIELD ON HIS BEHALF, THANKED LENNY CABALLERO,KINSEL FORD,MAGIC 102.5, CUMULUS BROADCASTING,DEL PAPPA DISTRIBUTING AND OTHERS FOR ALL OF THEIR HARD WORK FOR THE THIRD ANNUAL JAZZ FEST, ALSO HONORED BARBARA LYNN DURING THE JAZZ FEST, COMMENTED ON THE UNVEILING FOR JUDGE PAUL BROWN CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE Page 8 of 10 Minutes-August 26,2008 MAYOR AMES - ABSENT Public Comments (Persons are limited to three minutes) Dorothy Evans 2825 Arthur Lane Beaumont TX Announced that AARP would be celebrating their 37th year of being chartered here in Beaumont, the celebration will be held at the Best Years Center located at 780 S. 4th St. on Thursday,August 28, 2008 at 7:00 p.m., also commented on the volunteer work at the Hope Center and some tutoring that she will be doing at that facility through AARP 011ie Mae Graves 1770 Port Street Beaumont TX Thanked the City for helping with the Charlton Pollard Neighborhood, commented on the senior citizen prom, stated that all of Council should receive an invitation, invited Council to visit her church, McCabe Roberts Avenue Baptist Church Nick Debes 9999 Kempwood #114 Houston TX Spoke regarding a piece of property that is owned by his mother, in need of zoning help from the City so that the property could be sold, also stated that the City might be interested in purchasing the building to use for a medical stop Louis Vaughn 9615 Mapes Beaumont TX Commented on the boundary lines for West Oakland and the Pear Orchard Addition as well as the South Park Addition, requested money to revitalize both West Oakland and the Pear Orchard Additions Crystal Holmes 255 College Beaumont TX Spoke on behalf of the Emergency Management Centerforthe City of Beaumont, reminded everyone to pre-register with the 211 service Open session of meeting recessed at 3:20 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Keith Breiner vs. The City of Beaumont Tina Lewallen vs. The City of Beaumont Page 9 of 10 Minutes-August 26,2008 There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. Audwin Samuel, Mayor Pro Tern 1w, �MOM'�1�1 e Tina Broussard, City Clerk /f1 ��„ Ae Page 10 of 10 Minutes-August 26,2008