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HomeMy WebLinkAboutMIN OCT 14 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 October 14, 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 October 14, 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 2-10/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Howard Cameron of Trinity Church gave the invocation. Officer Otis Butler led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Samuel, Councilmembers Coleman, Beaulieu,Wright, Pate and Smith. Also present were Kyle Hayes,City Manager;Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "National Arts and Humanities Month" - October, 2008 - Proclamation read by Councilmember Beaulieu; accepted by Sue Bard, Interim Director of the National Arts and Humanities Council "Physical Therapy Month" - October, 2008 - Proclamation read by Councilmember Coleman; accepted by Jim Cowart and Jerry Mallary with Sabine District of Texas Physical Therapy Association "Lights on After School"-October 16,2008-Proclamation read by Councilmember Smith; accepted by Jack Koch with IEA - Inspire, Encourage, Achieve Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Minutes-October 14,2008 Public Comment: Persons may speak on scheduled agenda items 2-10/Consent Agenda. Tom Bell 485 Milam Beaumont TX Commented on Item:# 6 Beaumont Main St. Lynn Castile 500 Main St. Beaumont TX Commented on Item: #3 Art Museum of Southeast Texas Sue Bard 201 Easy St. Silsbee TX Commented on Item: #3 Art Museum of Southeast Texas Darlene Chodzinzki 2240 Calder Beaumont TX Commented on Item: #7 Beaumont Heritage Society/John Jay French Museum CONSENT AGENDA Approval of minutes - October 7, 2008 Confirmation of committee appointments - Resolution 08 - 264 Confirm the reappointment of Hubert Oxford to the Civil Service Commission. The current term would expire October 4, 2011. (City Manager Kyle Hayes) Gwin Genn would be reappointed to the Library Commission. The current term would expire September 11, 2010. (Councilmember Nancy Beaulieu) Sina Nejad would be reappointed to the Planning and Zoning Commission. The current term would expire September 19, 2011. (Councilmember Nancy Beaulieu) A) Approve a resolution to allow Capital One Bank to pledge a new security as additional collateral held at the Federal Reserve Bank for City accounts - Resolution 08 - 265 B) Authorize the City Manager to execute a grant for general maintenance at the Beaumont Municipal Airport - Resolution 08 - 266 C) Approve acceptance of the Loan Star Libraries grant from the Texas State Library - Resolution 08 - 267 D) Authorize the acceptance of a drainage easement as part of the Calder Avenue Drainage Project from the Port of Beaumont - Resolution 08 - 268 E) Authorize the purchase of a drainage easement as part of the Calder Avenue Drainage Project from Crockett Carpark, Inc. - Resolution 08 - 269 Page 2 of 12 Minutes-October 14,2008 Councilmember Coleman made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a request for a zone change from NC (Neighbor Commercial) District to RS (Residential Single Family Dwelling) District at 3280 Shannon. Administration recommended approval of the request. The Planning Division has applied for the zone change on behalf of Laurie Armstrong, the property owner. In June, 2007, Pastor Rosie Jones of the Kingdom Connection Outreach Ministry, requested a zone change from RS (Residential Single Family Dwelling) District to NC (Neighborhood Commercial) District and a specific use permit to allow a church-related food bank, clothing distribution center,food service and related social services for the properties at 145 E.Alma and 3280 Shannon. Pastor Jones represented herself as the property owner of those properties (she does own 145 E. Alma). On August 28, 2008, the Planning Division received a call from Laurie Armstrong, the real property owner of 3280 Shannon,stating that she was trying to sell the property as residential and found out through the FHA that her property was zoned NC. The FHA representative told her that the FHA did not finance commercial properties. Upon talking with Ms. Armstrong and Pastor Jones, it appears that Pastor Jones had attempted to purchase 3280 Shannon but the deal was never consummated. As soon as Ms.Armstrong informed the Planning Division that she was still the current owner and wanted the zoning of the property to be RS, the Planning Division initiated the zone change. At a Special Public Hearing held October 9, 2008,the Planning Commission recommended approval 9:0 of a request for a zone change from NC (Neighborhood Commercial) District to RS (Residential Single Family Dwelling) District at 3280 Shannon. PUBLIC HEARING Public Hearing Open: 2:00 p.m. Page 3 of 12 Minutes-October 14,2008 Laurie Armstrong 1502 FM 1746 Woodville TX Asked that Council change the zoning from Neighborhood Commercial to Residential Single Family Dwelling District Public Hearing Closed: 2:02 p.m. Councilmember Smith moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 30 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 NC (NEIGHBORHOOD COMMERCIAL)DISTRICT TO RS(RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED AT 3280 SHANNON, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 090 2. Consider approving a bid for improvements to Sprott Park. Administration recommended the award of a bid to N &T Construction of Beaumont in the amount of$210,000. Six (6) bids were received on Thursday, Oct. 2, 2008 for furnishing all labor, materials, equipment and supplies for the construction of a new restroom facility and a covered basketball court pavilion at Sprott Park. The present restroom facility and community building has not been in use since it was damaged by fire over a year ago. The existing metal basketball cover was damaged by Hurricane Rita and destroyed by Hurricane Ike. The low bidder, N & T Construction Company, Inc., is a city certified Minority Business Enterprise. Work should commence in November and be completed within ninety (90) days. Funds for this project are available in the Capital Reserve Fund. Page 4 of 12 Minutes-October 14,2008 Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY N&T CONSTRUCTION FOR A NEW RESTROOM FACILITY AND A COVERED BASKETBALL COURT PAVILION AT SPROTT PARK IN THE AMOUNT OF $210,000 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 270 3. Consider approving a one year contract with the Art Museum of Southeast Texas. Administration recommended funding the Art Museum of Southeast Texas (AMSET) $185,000 for FY 2009 from Hotel Occupancy Tax and General Funds. The City of Beaumont(City)and AMSET entered into a lease agreement on December 30, 1986 whereby the City and AMSET agreed to a 99-year lease on the land and building to be used as an art museum. Approximately 60,000 children and adults participate in Art Museum activities each year. Funds are available in the FY 2009 budget with$85,000 funded through the Hotel Occupancy Tax Fund and $100,000 funded by the General Fund. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A ONE-YEAR CONTRACT BETWEEN THE ART MUSEUM OF SOUTHEAST TEXAS (AMSET) AND THE CITY OF BEAUMONT IN THE AMOUNT OF $185,000 FOR FY 2009. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 271 4. Consider approving a one year contract with the Southeast Texas Arts Council (SETAC). Administration recommended funding the Southeast Texas Arts Council $105,000 for FY 2009 from the Hotel Occupancy Tax Fund. The City contracts with SETAC to utilize 75% of its contract payment for production of the magazine"Off Ramp"highlighting local events and"Tear Off'Attraction Maps for distribution Page 5 of 12 Minutes-October 14,2008 to hotels, as well as other programs and exhibitions that bring artists to the area and promote the rich musical heritage of the area. The remaining 25% is used for operating expenses. Funds are available in the Hotel Occupancy Tax Fund. Mayor Pro Tern Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A ONE-YEAR CONTRACT BETWEEN THE SOUTHEAST TEXAS ARTS COUNCIL (SETAC) AND THE CITY OF BEAUMONT IN THE AMOUNT OF $105,000 FOR FY 2009. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 272 5 Consider approving a one year contract with the Texas Energy Museum. PP 9 Y 9Y Administration recommended funding the Texas Energy Museum,$95,000,for FY 2009 from the Hotel Occupancy Tax Fund. The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic preservation and the promotion of tourism. The Texas Energy Museum meets the above criteria by highlighting the history, along with current developments, of the oil industry in the Southeast Texas region. Funds are available in the Hotel Occupancy Tax Fund. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A ONE-YEAR CONTRACT BETWEEN THE TEXAS ENERGY MUSEUM AND THE CITY OF BEAUMONT IN THE AMOUNT OF $95,000 FOR FY 2009. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 273 6. Consider approving a one year contract with BUILD, Inc. Beaumont Main Street . Administration recommended funding BUILD, Inc., Beaumont Main Street$75,000 for FY 2009 from the General Fund. Page 6 of 12 Minutes-October 14,2008 The Beaumont Main Street program has established a partnership between public and private sectors that is dedicated to the revitalization of Beaumont's historic Central Business District. The annual contribution from the City will be matched with other local funds and used to promote downtown business development and retention. Funds are available in the General Fund. - Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A ONE-YEAR CONTRACT BETWEEN BUILD, INC., BEAUMONT MAIN STREETAND THE CITY OF BEAUMONT IN THE AMOUNT OF$75,000 FOR FY 2009. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 274 7. Consider approving a one year contract with the Beaumont Heritage Society/John Jay French Museum. Administration recommended funding the Beaumont Heritage Society/John Jay French Museum $47,000 for FY 2009 from the Hotel Occupancy Tax Fund. The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic preservation and the promotion of tourism. John J. French, an early settler in Beaumont, built the Greek Revival home which has been faithfully restored;the home contains furniture and fixtures from the mid 19"century and is a tourist attraction for our city. Funds are available in the Hotel Occupancy Tax Fund. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A ONE-YEAR CONTRACT BETWEEN THE BEAUMONT HERITAGE SOCIETY/JOHN JAY FRENCH MUSEUM AND THE CITY OF BEAUMONT IN THE AMOUNT OF $75,000 FOR FY 2009. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE Page 7 of 12 Minutes-October 14,2008 MOTION PASSED Resolution 08 - 275 8. Consider approving a contract with two vendors for mowing privately-owned properties in violation of city ordinances. Administration recommended the award of a six (6) month contract to CIMA Utility of Beaumont,Texas with an estimated expenditure of$58,067.03 and to Yardboy Lawncare of Beaumont, Texas with an estimated expenditure of$55,903.18. Privately owned properties are in violation of the City's weed ordinance when uncultivated growth exceeds twelve(12)inches. Property owners are notified of the violation and given a specified time to bring the property into compliance. If property owners fail to comply with the ordinance, the City's contractor mows the property and the property owner is fined. The mowing contract for the entire city was awarded to Yardboy Lawncare in April of 2008. The volume of work proved to be substantially greater than estimated and the contractor submitted written notification that they were unable to handle the contract at that level. The contract was rebid with the city divided into two (2) sections. Section 1 is all properties North of College Street and within the City Limits. Section 2 is all properties South of College Street and within the City Limits. Due to the scope of work involved in this contract both sections cannot be awarded to the same vendor. The contract is for six (6) months with renewal options not to exceed two years with annual percentage increases based on the Consumer Price Index. Funds are available for this expenditure in the Public Health Department,Code Enforcement Division operating budget. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE BIDS SUBMITTED BY CIMA UTILITY AND YARDBOY LAWNCARE,BEAUMONT,TEXAS,FOR SIX(6)MONTH CONTRACTS FOR MOWING PRIVATELY-OWNED DEVELOPED AND VACANT PROPERTIES FOR AN ESTIMATED ANNUAL COST OF $58,067.03 AND $55,903.18 RESPECTIVELY BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 276 9. Consider amending the Henry Homberg Golf Course rates. Administration recommended approval of an increase in the golf course rates. Page 8 of 12 Minutes-October 14,2008 In November 2004, the City discontinued its contract with an outside party to manage the Henry Homberg Golf Course and purchased the pro shop inventory, heavy equipment, and supplies from the individual who had been managing the golf course. The City assumed the rates that were in place at that time. Since taking over the management of the golf course, a new club house has been constructed,the parking lot has been expanded, new tee box signs have been installed, and a new fleet of golf carts have been purchased. Also,the Parks and Recreation Department has worked very hard to improve the condition of the grounds at the golf course. Since FY 2007,the Golf Course has been subsidized by the General Fund in the amount of $35,000 per year. Based on an analysis of green fees and cart rentals from October 2007 through June 2008, the proposed rate increases for FY 2009 would generate additional revenues by an estimated $35,000. Councilmember Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 20, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY ADDING A NEW SECTION 20-13 PROVIDING FOR HENRY HOMBERG GOLF COURSE FEES AND CHARGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING FOR A PENALTY. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 091 10. Consider approving an ordinance terminating the previously declared state of disaster made necessary by the imminent threat of Hurricane Ike. Also to consider repealing Ordinance No. 08-081 which removed the competitive bidding requirements because of the public calamity resulting from Hurricane Ike. Administration recommended approval of an ordinance terminating the previously declared state of disaster made necessary by the imminent threat of Hurricane Ike and repealing Ordinance No. 08-081 which removed the competitive bidding requirements because of the public calamity resulting from Hurricane Ike. On September 8, 2008, the Mayor issued a proclamation declaring a local state of disaster for the City of Beaumont pursuant to Section 418.108 of the Texas Government Code due to the imminent threat to the residents of the City of Beaumont posed by Hurricane Ike. The Mayor,as the Emergency Management Director, also adopted emergency power directives calculated to effectively control the situation in order to protect life and property of the Beaumont residents. The Council,on September 16,2008, in a special emergency meeting, confirmed and ratified the action of the Mayor and continued in effect the previously proclaimed state of disaster. Page 9 of 12 Minutes-October 14,2008 The purpose of this action is to assess the present situation and to determine whether the conditions which made the declaration of disaster necessary have sufficiently subsided to a point that the state of emergency can be terminated. If the Council is satisfied that the conditions necessitating the proclamation of a local state of disaster have ceased to exist or that the disaster has been dealt with to the extent that emergency conditions no longer exist, then the declared state of disaster should be terminated. Council is also to consider repealing Ordinance No. 08-081 which suspended the operation of the competitive bidding requirements for procurements made as part of the recovery efforts resulting from Hurricane Ike. Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE TERMINATING THE DECLARED STATE OF DISASTER MADE NECESSARY BY THE IMMINENT THREAT OF HURRICANE IKE AND REPEALING ORDINANCE NO.08-081 WHICH SUSPENDED THE COMPETITIVE BIDDING REQUIREMENTS FOR THE RECOVERY EFFORTS RESULTING FROM HURRICANE IKE. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 092 COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN- THANKED THE BEAUMONT FIRE DEPARTMENT AND THE FIRE MUSEUM STAFF FOR PROMOTING THE "NATIONAL FIRE PREVENTION MONTH" AND THE GREAT PANCAKE BREAKFAST COUNCILMEMBER BEAULIEU - SUPPORT THE FIRE MUSEUM AND A FINE JOB THAT THE STAFF IS DOING WITH THE CHILDREN OF THE CITY, CONGRATULATED ALL THE NON PROFITS AND ARTS ORGANIZATIONS THAT ADD TREMENDOUS DEPTH TO THIS COMMUNITY, IN TERMS OF QUALITY OF LIFE FOR OUR CHILDREN, THANKED THEM FOR THEIR MANY HOURS OF WORK COUNCILMEMBER WRIGHT- COMMENTED ON MISSING THE PANCAKE BREAKFAST SPONSORED BY THE BEAUMONT FIRE DEPARTMENT AND THANKED MARTY CRAIG FOR THE IDEA OF THE PINK PANCAKES, CONGRATULATED HER NIECE AND HER NEW HUSBAND, MR. AND MRS. FREDERICK BLAYLOCK, THAT WERE MARRIED IN MAUI, HAWAII,ALSO CONDOLENCES TO THE WRIGHT FAMILY ON THE LOSS OF FRED WRIGHT Page 10 of 12 Minutes-October 14,2008 COUNCILMEMBER PATE - COMMENTED ON THE MUSEUMS THROUGHOUT THE CITY, SUGGESTED THAT DEAN CONWELL, DIRECTOR OF THE CONVENTION AND VISITORS BUREAU,COMMUNICATE WITH OTHER MUSEUMS AND, MAYBE, IN DECEMBER 2008 HAVE A"VISIT MUSEUM WEEK OR MONTH"AND ALSO GET WITH BISD AND OTHER SURROUNDING SCHOOL DISTRICTS AND SET UP SCHOOL FIELD TRIP VISITS TO THE MUSEUMS WITH THE KIDS MAYOR PRO TEM SAMUEL - CONCUR WITH COUNCILMEMBER PATE COUNCILMEMBER SMITH - COMMENTED ON SEVERAL COMPLAINTS FROM CITIZENS LIVING AT 655 ADAMS REGARDING SUBSTANDARD LIVING CONDITIONS, THOUGHT THIS MIGHT BE A CITY ISSUE THAT NEEDS TO BE LOOKED AT,ANNOUNCED THE"NEIGHBORS IN THE PARK", SUNDAY OCTOBER 19, 2008 AT CENTRAL PARK AT 3:00 P.M., AS WELL AS THE PEAR ORCHARD NEIGHBORHOOD ASSOCIATION WILL MEET THURSDAY, OCTOBER 23, 2008 AT 7:00 P.M., AT THE L.L. MELTON YMCA CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - NONE Public Comments (Persons are limited to three minutes) Raj Ataya 710 Cathedral Square Beaumont TX Introduced himself to Council and spoke regarding his business, Buffalo Wild Wings,which is growing, also commented that the age group between 20 and 30 years old are not aware of what Council does and how they operate, wants to try and get the younger age groups involved with government Open session of meeting recessed at 2:24 p.m. EXECUTIVE SESSION Consider matters related to employment,evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: Kyle Hayes, City Manager Tyrone Cooper, City Attorney Page 11 of 12 Minutes-October 14,2008 There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. Be ky Ames, Mayor 'rJ� U � 1 Tina Broussard, City Clerk /1 Page 12 of 12 Minutes-October 14,2008