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Home My WebLink AboutMIN APR 07 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 II Audwin Samuel, Mayor Pro Tem, Ward III April 7, 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 April 7,2009,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 3-6/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Edward Johnson of the Word of God Christian 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 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 "Child Abuse Prevention Month" - April, 2009 - Proclamation read by Councilmember Beaulieu; accepted by Sharie Pullium with Child Protective Services and Guests from other entities "National Parkinson's Disease Month"-April,2009-Proclamation ready by MayorAmes; accepted by Mindy Isen 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 items 3-6/Consent Agenda. None CONSENT AGENDA Approval of minutes - March 31, 2009 Minutes-April 7,2009 Confirmation of committee appointments - None A) Approve a resolution to allow a substitution of collateral held at the Federal Reserve Bank- Resolution 09 - 089 B) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in the Summer Place Phase I Subdivision - Resolution 09 - 090 C) Authorize the acceptance of a water line easement to provide access for fire protection services at the new YMCA located at 9195 Dishman - Resolution 09 - 091 D) Authorize the acceptance of a water line easement to provide access for fire protection services at the Baymont Motel on Cardinal Drive - Resolution 09 - 092 E) Authorize the acceptance of a water line easement to provide access for fire protection services to Hidden Lake RV Park, Phase II located on Highway 124 [Fannett Road] - Resolution 09 - 093 F) Authorize the acceptance of two utility easements to provide service to the new Summer Place Nursing Home located at 2485 S. Major Drive - Resolution 09 - 094 Councilmember Wright 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 RS (Residential Single Family Dwelling) District to LI (Light Industrial) District at 6045 College Street. Administration recommended approval of the request. A-Lisotta Mini Stor-All, DD#6 and Captain's Cars, Inc. have applied for the zone change. A building on the west side of A-Lisotta's Mini Stor-All was severely damaged during Hurricane Ike. This building is located on property that is currently zoned RS. The Zoning Ordinance states that a legal non-conforming use that is located within a building that is 60% or more destroyed by an act of God can no longer occupy that building. The zone change will allow A-Lisotta's Mini Stor-All to reconstruct the building to its original dimensions. Page 2 of 9 Minutes-April 7,2009 At a Joint Public Hearing held March 30, 2009, the Planning Commission recommended approval 6:0:1 of a zone change from RS (Residential Single Family Dwelling) District to LI (Light Industrial) District at 6045 College Street. Councilmember Pate 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 RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED AT 6045 COLLEGE STREET,BEAUMONT,JEFFERSON COUNTY,TEXAS;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 09 - 015 2. Consider a request fora specific use permit to allow a YMCA in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 9195 Dishman. Administration recommended approval of the request with a waiver of the screening/landscaping requirement along the east, west and south property lines. Long Architects, Inc. has applied for a specific use permit. This new facility will have a number of family-oriented features that includes: - an exterior heated pool - wellness area that will incorporate various types of exercise equipment - aerobics room - locker and shower facilities - children and youth activities areas - eight tennis courts - two football fields - two baseball fields - three sand volleyball courts - spray ground area next to the swimming pool. The YMCA facility will be built in several phases. Initially,the swimming pool and the building housing the indoor activities will be constructed with the other facilities being built overtime. Page 3 of 9 Minutes-April 7,2009 At a Joint Public Hearing held March 30, 2009, the Planning Commission recommended approval 7:0 of a specific use permit to allow a YMCA in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 9195 Dishman with a waiver of the screening/landscaping requirement along the east, west and south property lines. Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A YMCA FACILITY IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT 9195 DISHMAN IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 09 - 016 3. Consider a request to abandon a 30'x 70.52'portion of an unnamed 30'street and drainage easement. Administration recommended approval of the request. Harry Fuller has applied for the abandonment. The subject property is approximately 118' east of the dead-end of Kipling Drive. Mr. Fuller states that the subject property is adjacent to a DD#6 right-of-way and is a dead- end section that has not been used since deeded to the City by the subdivision developer in 1956. He owns the lot directly adjacent to the easement as well as the two contiguous lots. His lots all front on Kipling. At a Regular Meeting held March 30,2009,the Planning Commission recommended approval 7:0 to abandon a 30' x 70.52' portion of an unnamed 30' street and drainage easement located approximately 118' east of the dead-end of Kipling Drive. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING A 30'x 70.52'PORTION OF AN UNNAMED 30'STREETAND DRAINAGE EASEMENT LOCATED APPROXIMATELY 118' EAST OF THE DEAD-END OF KIPLING DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Page 4 of 9 Minutes-April 7,2009 Ordinance 09 - 017 4. Consider amending Ordinance No.28,Article III,Water and Sewer Regulations to change the billing structure for apartment complexes and mobile home parks. Administration recommended amending Ordinance No. 28, Article III, Water and Sewer Regulations Generally, Section 28.50,Water Service Rates and Section 28.51,Wastewater Service Rates, to change the billing structure for apartment complexes and mobile home parks. A work session was held on February 10, 2009, to discuss the billing structure for water and sewer usage for apartment complexes and mobile home parks. Prior to 1988, apartments and mobile home parks were billed a minimum monthly water and wastewater charge per unit. In 1988,the Ordinance was amended to bill apartments and mobile homes a minimum water and wastewater charge based on the size of the meter. Water usage and wastewater discharges by apartment units and mobile homes are equivalent to a residence. The proposed Ordinance Amendment will establish a billing structure to once again charge them per unit. Apartments and mobile home parks will be defined as having four(4)or more units and to account for vacancies, only 75% of the units will be billed. The impact of the change will be phased in over eighteen(18)months.This amendment is to implement the first phase which will be effective six months from adoption. Councilmember Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28, ARTICLE III, SECTIONS 28-50, WATER SERVICE RATES, AND 28-51, WASTEWATER SERVICE RATES, OF THE CODE OF ORDINANCES TO CHANGE THE BILLING STRUCTURE FOR APARTMENT COMPLEXES AND MOBILE HOME PARKS; PROVIDING FOR REPEAL; PROVIDING A PENALTY;AND PROVIDING AN EFFECTIVE DATE. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 09 - 018 5. Consider approving a one (1) year contract for the purchase of various types of manhole covers, manholes and sewer materials. Administration recommended the award of a contract to ACT Pipe and Supply of Beaumont, Texas for the estimated total annual expenditure of $139,727.80. Bids were requested for an annual contract for manhole covers, manholes and other sewer related materials for the use by the Water Utilities Department. The materials are used in the repair and installation of sewer lines. Page 5 of 9 Minutes-April 7,2009 Fifteen (15) vendors were notified, with five (5) responding with bids. Funds are available in the Water Utilities Department's operating budget. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY ACT PIPE AND SUPPLY FOR A ONE (1) YEAR CONTRACT FOR THE PURCHASE OF MANHOLES, MANHOLE COVERS AND SEWER MATERIALS FOR USE BY THE WATER UTILITIES DEPARTMENT 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 09 - 095 6. Consider approving Change Order No. 2 for the Calder Avenue Drainage Project Phase I. Administration recommended approval of Change Order No.2 in the amount of$45,620.40 for adding and deleting construction item quantities to the Calder Avenue Drainage Project Phase I. On June 10,2008, City Council awarded Reytec Construction Resources, Inc.the contract for the Calder Avenue Drainage Project Phase I in the amount of$23,733,567.95.Change Order No.1 in the amount of ($59,762.39) was approved by City Council on December 8, 2008, decreasing the contract amount to $23,673,805.56. Change Order No. 2 is required to add and delete construction item quantities for roadway and drainage system improvements to the contract. This Change Order in the amount of $45,620.40 will increase the contract amount to $23,719,425.96. Funds are available in the Capital Program. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 2 IN THE AMOUNT OF $45,620.40 THEREBY INCREASING THE CONTRACT AMOUNT TO $23,719,425.96. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 096 Page 6 of 9 Minutes-April 7,2009 COUNCILMEMBER COMMENTS MAYOR AMES - REQUESTED THAT COUNCIL CONSIDER AN AD-HOC EXPLORATORY COMMITTEE TO EXPLORE THE FEASIBILITY OF VARIOUS RECYCLING EFFORTS,EACH COUNCILMEMBER WILL HAVE AN APPOINTEE THAT WILL SURVEY OTHER CITIES OF OUR SIZE WITH SIMILAR DEMOGRAPHICS, EACH APPOINTEE WOULD COME REPORT BACK TO COUNCIL WITH A REASONABLE RECOMMENDATION,THERE HAS BEEN A LOT OF TALK REGARDING THE RECYCLING AND SEVERAL CITIZENS ARE INTERESTED,THE MAYORASKED THAT THIS BE DONE THROUGH A COUNCIL COMMITTEE BY RESOLUTION, SHE ASKED THAT THE CITY ATTORNEY PREPARE A RESOLUTION FOR THIS COMMITTEE, ALSO ANNOUNCED A COUNCIL WORKSHOP ON JUNE 23, 2009 FROM 10:00 A.M. UNTIL 5:00 P.M.,THE MEETING WILL BE POSTED AS WOULD A REGULAR COUNCIL MEETING,COMMENTED ON THE LITTER CONTROL GREEN SUMMIT,THANKED THE MCFADDIN WARD HOUSE STAFF FOR ALL THAT THEY WILL BE DOING FOR THIS SUMMIT COUNCILMEMBER COLEMAN - NONE COUNCILMEMBER BEAULIEU - NONE COUNCILMEMBER WRIGHT- INVITED EVERYONE THAT DOES NOT HAVE A PLACE TO WORSHIP ON EASTER SUNDAY TO WORSHIP AT THE ST. .LAMES, TRINITY AND THE MCCABE ROBERTS AVENUE METHODIST CHURCH'S FOR SUNRISE SERVICE AT 6:00 A.M.,ASKED EVERYONE TO REMEMBER THE EASTER SEASON AND WHAT IT STANDS FOR COUNCILMEMBER PATE - NONE MAYOR PRO TEM SAMUEL- THANKED THE CHARLTON POLLARD NEIGHBORHOOD FOR A GREAT JOB ON THE CLEAN UP, THANKED THE OTHER NEIGHBORHOOD ASSOCIATIONS THAT PARTICIPATED, THANKED COUNCILMEMBERS WRIGHT AND COLEMAN FOR COMING OUT, THANKED EVANGELINE GEORGE AND THE GOLDEN TRIANGLE REPUBLICAN WOMEN (GTRW) FOR INVITING HIM TO THE LUNCHEON THEY SPONSORED ON SUNDAY, APRIL 6, 2009 COUNCILMEMBER SMITH - ANNOUNCED AN EASTER EGG HUNT, ON SATURDAY APRIL 11, 2009, AT IMAGINATION STATION, STARTING AT 11:00A.M. UNTIL 3:00 P.M., ALSO HARVEST FOR LOST SOULS OUT REACH MINISTRY WILL BE HAVING "THE Page 7 of 9 Minutes-April 7,2009 CHEAPEST GAS IN TOWN" EVENT,A DOLLAR PER GALLON FOR GAS,FOR TWO HOURS ONLY,ON SATURDAY APRIL 11, 2009,FREE FOOD WILL BE GIVEN AWAY,LOCATION WILL BE MLK AND GULF AT IH 10, FROM 12:00 P.M. TO 2:00 P.M CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE Public Comments (Persons are limited to three minutes) Keith Beaupre 9305 Phelan Beaumont TX Spoke regarding the proposed apartment complex, Sterling Heights Development, stated that development will increase crime,trash,graffiti and traffic,asked that Council not approve a permit to build this development Nancy Robbins 9805 Phelan Blvd. Beaumont TX Spoke regarding the proposed apartment complex, Sterling Heights Development, she opposes the project, also homeowners were not sent notices regarding this development Gary Robbins 9808 Phelan Blvd. Beaumont TX Commented on the proposed apartment complex, Sterling Heights Development, as a property owner requested that this project be turned down Open session of meeting recessed at 2:25 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Cause No. E-182,229; Robert F. Ramsey, Sr. vs. City of Beaumont Cause No. B-181,855; Carolyn Faul vs. Terrance McFarland Moss, et al Consider matters related to contemplated or pending litigation in accordance with Section 551.074 of the Government Code: City Magistrate Applicants - Randall Collins, Jonathan Stovall, James Mehaffy, Jimmy Hamm, Brent Turk and Terrence Holmes Page 8 of 9 Minutes-April 7,2009 There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. B cky Ames, Ma rrl� rl�w co C3 Tina Broussard, City Clerk Page 9 of 9 Minutes-April 7,2009