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HomeMy WebLinkAboutMIN FEB 24 2009 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 11 Audwin Samuel, Mayor Pro Tem,Ward III February 24, 2009 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 February 24,2009, 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 6-9/Consent Agenda Consent Agenda Mayor Pro Tem Samuel called the council meeting to order at 1:30 p.m. Mayor Pro Tem Samuel gave the invocation. Councilmember Pate led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Pro Tem Samuel, Councilmembers Coleman, Beaulieu,Wright, Pate and Smith. Absent: Mayor Ames and City Manager Kyle Hayes. Also present were Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Mayor Ames was out of the City on Business Proclamations, Presentations, Recognitions Presentation-Plaque presented by Bob Bennett, FEMA's Branch Directorforthe Beaumont Field Office;forthe City's participation in the National Flood Insurance Program Community Rating System "National Sales Month"-Month of February,2009-Proclamation read by Councilmember Pate; accepted by Vera Rodriguez and Vesta Brandt Mayor Pro Tem Samuel 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 items 6-9/Consent Agenda. None Minutes-February 24,2009 CONSENT AGENDA Approval of minutes - February 17, 2009 Confirmation of committee appointments - Resolution 09 - 056 Joey Hilliard would be reappointed to the Board of Adjustment (Zoning). The current term would expire February 17, 2011. (Mayor Becky Ames) Raymond Ambres would be reappointed to the Community Development Advisory Committee. The current term would expire December 18, 2010. (Mayor Becky Ames) Sina Nejad would be reappointed to the Construction Board of Appeals (Building). The current term would expire January 24, 2011. (Mayor Becky Ames) Frank Messina would be reappointed to the Convention and Tourism Advisory Board. The current term would expire February 15, 2011. (Mayor Becky Ames) Ann Rothkamm would be reappointed to the Convention and Tourism Advisory Board. The current term would expire February 10, 2011. (Mayor Becky Ames) Bonnie Cokinos would be reappointed to the Convention and Tourism Advisory Board. The current term would expire February 10, 2011. (Mayor Becky Ames) A) Authorize the City Manager to execute Amendment No. 1 to the contract for Disaster Debris Removal Services - Resolution 09 - 057 B) Authorize the City Manager to renew the loan agreement with the National Museum of the United States Air Force - Resolution 09 - 058 C) Accept maintenance of the street, storm sewer,water and sanitary sewer improvements on Spring Wood Section I, Subdivision - Resolution 09 - 059 Councilmember Beaulieu made a motion to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a request for a zone change from GC-MD(General Commercial-Multiple Family Dwelling)District, LI (Light Industrial)Districtand HI (Heavy Industrial)Districtto CBD (Central Business District) and from LI (Light Industrial) District to RCR (Residential Page 2 of 10 Minutes-February 24,2009 Conservation and Revitalization)District for the property located at 1076-1460 Calder, 1045- 1475 Broadway, 1054-1428 Liberty, 1065-1438 Laurel, 1168-1358 South, 798-1060 Bonham, 500-1000 Blocks of Crockett, 500 - 1000 Blocks of Fannin, 500 - 1000 Blocks of Bowie, 1000 Block of Forsythe, 967-978 Wall, 702-995 College, 100-500 Blocks of Forrest, 105-500 Blocks of Center, 100-500 Blocks of Ewing, 100-500 Blocks of Oakland, 100-500 Blocks of M. L. King Parkway, 700-900 Blocks of Holmes, 300-600 Blocks&800-900 Blocks of Archie, 300-600 Blocks and 800-900 Blocks of Jefferson, 500 - 600 Blocks & 800-900 Blocks of Trinity, 200-300 Blocks&500 Block of Neches, 200-400 Blocks of Elizabeth, 300- 400 Blocks of Pine, 200-300 Blocks of Tevis, 400 Block of Walnut, 100-400 Blocks of Cypress, 700-800 Blocks of Main - Item Removed 2. Consider approving a request for amendments to Chapter 30, City of Beaumont Zoning Ordinance, to regulate allowable building types within the City of Beaumont. Administration recommended approval of the following amendments to Chapter 30, City of Beaumont Zoning Ordinance. These amendments to the Zoning Ordinance are in response to issues that continue to arise. Property owners are often trying to construct an accessory building on a lot when there is no main building. The property owner has no intention of ever constructing a main building on the property. In residential areas, property owners then often try to use these accessory buildings for storage or businesses, much to the chagrin of the neighbors. The City has also encountered buildings (especially commercial) being brought in and installed on properties without a permanent foundation, as discussed during the January workshop. Not only is this a safety issue, but an aesthetic one as well. This amendment would require a permanent foundation, as defined by the Chief Building Official, for all main or primary buildings. Accessory buildings would not be subject to this requirement. At a Joint Public Hearing held February 16, 2009,the Planning Commission recommended approval 8:0 of the following amendments to Chapter 30,City of Beaumont Zoning Ordinance: Sec. 30-35.1. Allowable Building Types 1. No accessory building shall be permitted in the absence of a main building. 2. All main buildings shall be located on a permanent foundation, as defined by the Chief Building Official of the City of Beaumont. Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 30,ARTICLE IV,OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY ADDING SECTION 30-35.1 TO PROVIDE FOR REGULATION OF ALLOWABLE BUILDING TYPES WITHIN THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH Page 3 of 10 Minutes-February 24,2009 NAYS: NONE MOTION PASSED Ordinance 09 - 007 3. Consider approving a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 5050 Eastex Freeway. Administration recommended approval of the request. Kerry Moncla, representing Northwood Christian Church, has applied for a zone change. Northwood Christian Church owns approximately 6.4 acres at its current location. Of that, it would like to sell 3 acres and keep the remaining 3.4 acres for its current church operations. The church feels that the property, under its current zoning classification, would not be developable. Due to the property's freeway location,single family residential is not the highest and best use of the property. The City's Comprehensive Plan designates the subject property as an Activity Corridor. As such, highway commercial,wholesale distributing and warehousing operations,restricted light industry, business offices, hotels and higher density residential development is recommended for such areas. GC-MD-2 zoning would require that any use that is proposed for the subject property would require that a specific use permit be approved by City Council. At a Joint Public Hearing held February 16, 2009, the Planning Commission recommended approval 8:0 of a zone change from RS (Residential Single Family Dwelling) District to GC- MD-2 (General Commercial-Multiple Family Dwelling-2) District at 5050 Eastex Freeway. Councilmember Pate made a motion 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 RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING-2)DISTRICT FOR PROPERTY LOCATED AT 5050 EASTEX FREEWAY, BEAUMONT,JEFFERSON COUNTY,TEXAS;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 09 - 008 Page 4 of 10 Minutes-February 24,2009 4. Consider approving a request for an amended specific use permit to allow a drinking place in the CBD (Central Business District) at 493 Pearl Street. Administration recommended approval of the request. Joey and Tanya Crawford are applying for the amended specific use permit. In October, 2007, Joey and Tanya Crawford received a specific use permit to allow a coffee house in an existing building in the CBD(Central Business District). The property is located at 493 Pearl Street. The building has been the location of the Barking Dog Coffee Lounge forthe last 11 months. The Crawfords state that the coffee shop currently sells coffee, tea drinks, juices, sodas, pastries and lunch sandwiches. The coffee shop also provides a location forwireless internet access and is available for meetings, art shows for local artists and live music. The Crawfords would now like to add the sale of beer and wine to the menu. The planned operating schedule is Monday-Thursday, 8:00 a.m.to 6:00 p.m, Friday, 8:00 a.m. to 11:00 p.m.and Saturday,2:00 p.m.to 11:00 p.m. The coffee shop will have one full-time employee and five part-time employees. At a Joint Public Hearing held February 16, 2009,the Planning Commission recommended approval 8:0 of an amended specific use permit to allow a drinking place in the CBD(Central Business District) at 493 Pearl Street. Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO JOEY AND TANYA CRAWFORD TO ALLOW A DRINKING PLACE IN THE CBD (CENTRAL BUSINESS DISTRICT) AT 493 PEARL STREET. Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 09 - 009 5. Consider authorizing the City Manager to execute a contract for the Wastewater Treatment Plant Emergency Generators Project - Item Removed 6. Consider authorizing the acquisition of additional fare box equipment for the new transit buses. Administration recommended City Council authorize the acquisition of additional fare box equipment from GENFARE in the amount $138,320 for use in the new transit buses. Page 5 of 10 Minutes-February 24,2009 In 2008, the City joined the Minnesota Purchasing Pool in order to purchase CNG buses for Beaumont Municipal Transit. The buses bid under the Minnesota purchasing contract are manufactured by North American Bus Industries of Aniston,Alabama. Included in the bid were fare boxes manufactured by GENFARE. The acquisition of the equipment will be funded from remaining grant proceeds in the amount of approximately $114,000 and from the Transit Fund in the estimated amount of $25,000. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY AUTHORIZES THE ACQUISITION OF ADDITIONAL FARE BOX EQUIPMENT FROM GENFARE IN THE AMOUNT OF$138,320.00 FOR USE IN THE NEW COMPRESSED NATURAL GAS(CNG)TRANSIT BUSES. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 060 7. Consider approving the purchase of tractors and mowers. Administration recommended approval of the purchase of tractors and mowers from Lansdowne-Moody Co. L.P. of Houston, Texas, in the amount of $81,088.71. Pricing for this purchase is obtained through the Houston-Galveston Area Council(H-GAC) Cooperative Purchasing Program. H-GAC is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with the State of Texas procurement statutes. The City of Beaumont had a contract for the cutting of more than 600 acres of wetlands for a cost of$8,200 per cut with approximately four(4)cuttings per year. The grounds of the Waste Water Treatment Plant was being maintained by Water Reclamation employees. Once the contract expired in June of 2008 for the Wetlands, it was determined that the Water Utilities Department would do the cutting and maintenance of both areas in-house. A 4 x 4 cab tractor and mower with chain guards will be used. One(1) tractor and one(1)mower, budgeted for Fiscal Year 2009. Replacement vehicles are also requested through the City's budget process. The Fleet Superintendent reviews the requests and evaluates the vehicles to be replaced. Based on this evaluation,a recommendation is made to replace worn and obsolete vehicles that are no longer cost effective to operate, The age and mileage of these older vehicles, model years 1993 to 1995, render them unfit for continued services. The vehicles will be disposed of according to the City's surplus property disposal policies. Funds for the Parks & Recreation Department are budgeted in the Capital Reserve Fund. Funds for the Water Utilities Department are budgeted in the Water Fund. Page 6 of 10 Minutes-February 24,2009 Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF TRACTORS AND MOWERS IN THE AMOUNT OF$81,088.71 FROM LANSDOWNE-MOODY CO.,L.P.,OF HOUSTON,TEXAS,THROUGH THE HOUSTON-GALVESTON AREA COUNCIL(H-GAC)COOPERATIVE PURCHASING PROGRAM. Councilmember Pate seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 061 8. Consider approving Change Order No. 4 to the contract for the Rogers Park Project. Administration recommended the approval of Change Order No. 4 in the amount of $57,074.60 to McInnis Construction of Silsbee. A contract in the amount of$1,523,000 for improvements to Rogers Park was awarded on May 6, 2008. Improvements to the park include a new restroom facility, community center, basketball court, and walking trails. Change Order No. 1 reduced the contract to $1,465,737.50 by reducing the length of the walking trail and eliminating the resurfacing of the asphalt parking lot on Dowlen. Change Order No. 2 included the installation of additional electrical conduit for service from Entergy. Change Order No. 3 extended the completion time by seventeen (17)days due to Hurricane Ike. Change Order No. 4 for extra work includes the following: • Clean, seal and paint existing tennis court surfaces, • install a new fence surrounding existing tennis courts, and • the removal of two concrete tables and replacing the existing damaged sidewalk. The construction of the community center, restrooms,walking trail,and parking lot at Rogers Park are nearing completion. The existing tennis courts are in fair condition but need cleaning, caulking and repainting. The 10-foot fence surrounding the courts is in poor condition due to age and wind damage. A section of sidewalk not included in the original project must be replaced due to its deteriorated condition. The total cost of the extra work is $64,373.60. The balance of the contingency fund in the amount of $7,299 will be applied to this total resulting in a net cost of$57,074.60. Funds for the cost of the "extra work" are available in the Capital Reserve Fund. Page 7 of 10 Minutes-February 24,2009 Councilmember Coleman made a motion to APPROVE A RESOLUTION THATTHE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 4 IN THE AMOUNT OF $57,074.60 FOR "EXTRA WORK", THEREBY INCREASING THE CONTRACT AMOUNT TO $1,522,812.10, FOR IMPROVEMENTS TO ROGERS PARK. Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 062 9. Consider authorizing the City Manager to execute an Industrial District Contract with TE Products Pipeline Company, LLC. Administration recommended approval of a resolution authorizing the City Manager to execute an Industrial District Contract with TE Products Pipeline Company, LLC. Industrial District Contracts enable the City to collect payments in lieu of taxes from industries located outside the city limits. The City currently has a contract with TE Products Pipeline Company, LLC that expired December 31, 2008. This contract has been delayed due to the clarification on both sides of some of the language in the agreement.The new contract will be effective January 1,2009. The in-lieu of tax payment will be based on a ratio of 80%of property taxes due to the City as if the industry were located within the city limits in 2009 through 2011 and 75% of property taxes due to the City in 2012 through 2015. The 2009 payment will be calculated based on 80%of the assessed value multiplied by the tax rate effective on October 1,2008 or$0.64 per $100 of assessed valuation. Payments will be due to the City by February 1St of each year. The estimated FY 2009 payment for TE Products Pipeline Company, LLC is$123,800 of the $15,782,000 of industrial payments expected in FY 2009. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DISTRICT CONTRACT WITH TE PRODUCTS PIPELINE COMPANY, LLC. Councilmember Wright seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 063 Page 8 of 10 Minutes-February 24,2009 COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN- JOKINGLY STATED TO COUNCILMEMBER BEAULIEU THAT HE HAD BAD NEWS FOR HER THAT SHE HAD AN OPPONENT THAT FILED AN APPLICATION TO RUN AGAINST HER IN WARD II, THAT OPPONENT WAS "BILLY GOAT GRUFF" COUNCILMEMBER BEAULIEU - CONGRATULATED VESTA BRANDT, AS WELL AS HARLEN MIRAMAN AND THE ZUMO FAMILY THAT WAS HONORED BY FAMILY SERVICES AT A BRUNCH HELD ON TUESDAY, FEBRUARY 24, 2009, ALSO THANKED THE DESLATTE FAMILY THAT STARTED THE "MID-COUNTY KINDNESS DAYS" TO HELP FAMILIES IN ORANGE COUNTY THAT SUFFERED LOSSES DUE TO HURRICANE IKE COUNCILMEMBER WRIGHT- INVITED EVERYONE TO COME OUT AND CELEBRATE THE TASTE OF THE TRIANGLE WHICH WILL BE HELD ON TUESDAY, FEBRUARY 24, 2009 AT FORD PARK COUNCILMEMBER PATE - COMMENTED ON THE TASTE OF THE TRIANGLE AND ALL THAT THEY DO TO RAISE MONEY FOR SCHOLARSHIP FUNDS AND LAMAR UNIVERSITY, ENCOURAGED MEMBERS OF THE COMMUNITY TO ATTEND TRIANGLE DAYS IN AUSTIN,TX,ON FEBRUARY 27TH AND 28TH AND MARCH 1, 2009, ANNOUNCED THAT ASTRONAUT SALLY RIDE WILL BE AT LAMAR UNIVERSITY, ALSO THE ART MUSEUM WILL BE HAVING THEIR 22ND ANNUAL PROTEGE' FOR HIGH SCHOOL STUDENTS ON THURSDAY, FEBRUARY 25, 2009, ALSO COMMENTED THAT ANOTHER NEIGHBORS IN THE PARK WILL BE SCHEDULED SOON COUNCILMEMBER SMITH - ANNOUNCED THAT SOUTH PARK NEIGHBORHOOD ASSOCIATION WILL BE MEETING ON THURSDAY,FEBRUARY 25, 2009 AT 6:30 P.M., COMMENTED ON THE FREEDOM BANQUET, THANKED PEACEFUL REST BAPTIST CHURCH FOR THE INVITATION TO SPEAK MAYOR PRO TEM SAMUEL- COMMENTED ON THE FREEDOM BANQUET AND THEIR GUEST SPEAKER,ANNOUNCED THAT JUDGE JOHNS IS OUT OF THE HOSPITAL,WISHED HIM A SPEEDY RECOVERY,COMMENTED ON CONCERNS OF THE BRICKYARD NEIGHBORHOOD ASSOCIATION REGARDING DOLLINGER STEEL, THREE RIVERS AND TRANSIT MIX, REQUESTED A REPORT ON THE AIR QUALITY AROUND THE STRUCTURES, ASKED THAT THE REPORT BE AVAILABLE FOR THEIR APRIL MEETING Page 9 of 10 Minutes-February 24,2009 CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - ABSENT MAYOR AMES - ABSENT Public Comments (Persons are limited to three minutes) W.R. Sam Sr. 1761 Rena St. Beaumont TX Thanked Council for the great job that they are doing, commented that at times there is some insensitivity towards Ward IV,the citizens of Ward IV want to make sure that nothing is done different in their Ward,that will done in any other area,thanked Councilmember Smith for the great job that he is doing Open session of meeting recessed at 2:04 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Tina Lewallen vs. the City of Beaumont There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. Audwin muel, ayor Pro Tern ��4 Tina Broussard, City Clerk AV dw Aw Page 10 of 10 Minutes-February 24,2009