Loading...
HomeMy WebLinkAboutMIN JUN 30 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 June 30, 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 June 30, 2009, at the Civic Center Conference Rooms 1 and 2, 701 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 1, 5-8/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Reverend Henry J. Davis, Our Mother of Mercy Catholic Church gave the invocation. Mayor Pro Tern Samuel 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 None Public Comment: Persons may speak on scheduled agenda items 1, 5-8/Consent Agenda. None CONSENT AGENDA Approval of minutes - June 16, 2009 Confirmation of committee appointments - None A) Authorize the City Manager to increase the Sanitary Sewer System Improvements 60-Inch Trunk Outfall Rehabilitation Phase I Project for "extra work" - Resolution 09 - 189 B) Authorize the award of a six (6) month contract for liquid chlorine - Resolution 09 - 190 Minutes-June 30,2009 C) Authorize the City Manager to execute a letter of understanding to provide resources to the City of Beaumont during a declared disaster - Resolution 09 - 191 D) Authorize the acquisition of property for the Concord Road Pavement Widening Project - Resolution 09 - 192 E) Authorize the City Manager to apply for and receive funding to help redevelop neighborhoods through demolition and redevelopment of single-family homes - Resolution 09 - 193 F) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Homsar Pointe Blvd for Stoneleigh Apartments-Resolution 09-194 Councilmember Beaulieu made a motion to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Conduct an election of Mayor Pro Tempore. According to the City Charter, the City Council shall elect one of its members as Mayor Pro Tempore for a one (1) year term. The Mayor Pro Tempore shall perform the duties of the Mayor in case of the absence or inability of the Mayor to perform the duties of the office,and, if a vacancy occurs, shall become Mayor for the unexpired term. If the Mayor Pro Tempore is unwilling to assume the duties of Mayor in the event of a vacancy in that office,then the City Council shall appoint a Mayor Pro Tempore from its membership. Councilmember Smith moved to APPROVE A RESOLUTION THAT COUNCILMEMBER WRIGHT IS ELECTED AS MAYOR PRO TEM FOR A ONE(1)YEAR TERM. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 195 Page 2 of 11 Minutes-June 30,2009 2. Consider approving a zone change from RS(Residential Single Family Dwelling)District RM- H (Residential Multiple Family Dwelling-Highest Density) District at 5875 E. Major Drive. Administration recommended denial of the zone change. Cornell Price III has applied for a zone change. Mr. Price states that the purpose of the rezoning is to allow the construction of a small apartment complex consisting of 10 to 16 units. The subject property, at the southwest corner of Highway 105 and E. Major is adjacent to single family uses on the south and west. This "residential pocket"is surrounded by Highway 105 to the north, East Major Drive to the east and south and the LNVA Canal to the west. In addition, RS zoning surrounds the subject property. The nearest RM-H zoning on the north side of Hwy. 105 is located on Alpine Circle. South of Hwy. 105,the nearest RM-H zoning is located approximately 415'to the east and is occupied by a church. In 2004,a request to rezone this property to GC-MD was denied by the City Council. At the time, the applicant stated that the property had limited value as single family residential property. At a Joint Public Hearing held June 15,2009,the Planning Commission recommended denial 6:0 of a zone change from RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District at 5875 E. Major Drive. Councilmember Coleman made a motion to DENY 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 RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 5875 E. MAJOR DRIVE, BEAUMONT,JEFFERSON COUNTY,TEXAS;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION DENIED 3. Consider approving a zone change from RS(Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District at 3840 Travis. Administration recommended approval of the zone change. Frank Tobias, representing Nutrition &Services for Seniors(N&SS), has applied for a zone change. Page 3 of 11 Minutes-June 30,2009 Mr. Tobias states that the need for N&SS's services has grown tremendously in the last few years. Their existing facility at 4590 Concord includes a congregate center, kitchen facilities where meals are prepared, office facilities and parking. The subject property is directly behind N&SS's facility. In 1997, City Council approved the rezoning of 0.3 acres immediately to the east of N&SS to RM-M and approved a specific use permit to allow the expansion of N&SS' building and parking lot. N&SS is now in need of the additional parking lot that will be constructed on the Travis Drive property. If the zone change request is approved, Nutrition & Services for Seniors is aware that a specific use permit will be required prior to construction of the parking lot. At a Joint Public Hearing held June 15, 2009, the Planning Commission recommended approval 6:0 of a zone change from RS(Residential Single Family Dwelling)District to RM-M (Residential Multiple Family Dwelling-Medium Density) District at 3840 Travis. Councilmember Coleman 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 RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING-MEDIUM DENSITY) DISTRICT FOR PROPERTY LOCATED AT 3840 TRAVIS, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 09 - 034 4. Consider amending a specific use permit to allow the expansion of a charter school in a (General Commercial-Multiple Family Dwelling) District at 4069-4079 Calder Avenue. Administration recommended approval of the amended specific use permit,subject to leaving one driveway open on Calder, one driveway open on 24"Street and one driveway open on Phelan. In 2007, City Council approved a specific use permit to allow Harmony Science Academy, a charter school, to operate in a former Market Basket store at 4055 Calder. The school teaches students in the K-10 grade levels. Since its opening, the school has been rated Recognized in 2008 by the Texas Education Agency. Harmony Science Academy would now like to expand into a 4,200 sq.ft.vacant commercial building that is located northwest of the school's current location. The building will be used for additional classrooms. Page 4 of 11 Minutes-June 30,2009 At a Joint Public Hearing held June 15, 2009, the Planning Commission recommended approval 5:0:1 of an amended specific use permit to allow a the expansion of a charter school in a (General Commercial-Multiple Family Dwelling) District at 4069-4079 Calder Avenue, subject to leaving one driveway open on Calder, one driveway open on 24th Street and one driveway open on Phelan. Mayor Pro Tern Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO HARMONY SCIENCE ACADEMY TO ALLOW THE EXPANSION OF A CHARTER SCHOOL IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT AT 4069-4079 CALDER AVENUE. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 09 - 035 5. Consider approving the purchase of a Digital Mobile Video System for police vehicles in the Police Department. Administration recommended approval of the purchase of a Digital Mobile Video System from Coban Technologies of Stafford, Texas in the amount of $487,726.64 and the additional purchase of a Server for the Video System from Dell Computers of Dallas, Texas in the amount of $10,000 for a total of$497,726.64. Pricing for the DMVS 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. State law requires cameras to be used on certain law enforcement vehicles. The current video system is aging and parts are no longer available for repairs.The current video system has a single camera and audio microphone feed and records on a video cassette tape. The DMVS captures, secures, stores and manages in-car video evidence. This system has features not available in the current system, including dual wireless audio microphones and both a forward dash-mounted camera and a rear seat camera. These features allow for greater accountability for maintaining chain of custody evidence requirements. The warranty provided is three(3)years. Coban Technologies will provide technical support and service. Delivery is expected in forty-five (45) days. Funding is available in the amount of $342,232.83 from the Department of Homeland Security 2007 Port Security Grant and$155,493.81 in matching funds from the Capital Reserve Fund. Page 5 of 11 Minutes-June 30,2009 Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED TO APPROVE THE PURCHASE OF A DIGITAL MOBILE VIDEO SYSTEM(DMVS) IN THE AMOUNT OF$487,726.64 AND A SERVER FOR THE DMVS IN THE AMOUNT OF$10,000,FOR A TOTAL OF$497,726.64,FROM COBAN TECHNOLOGIES OF STAFFORD,TEXAS, THROUGH THE HOUSTON-GALVESTON AREA COUNCIL (H-GAC) COOPERATIVE PURCHASING PROGRAM FOR USE BYTHE POLICE DEPARTMENT. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 196 6. Consider authorizing the City Manager to apply for and receive funding from the Texas Weatherization Assistance Program. Administration recommended approval. The Texas Weatherization Assistance Program (WAP) is a Department of Energy-funded program authorized by the American Recovery and Reinvestment Act of 2009(ARRA). The Weatherization Assistance Program is designed to increase the energy efficiency of dwellings owned or occupied by low-income persons and improve their health and safety,especially low income persons who are particularly vulnerable such as the elderly, persons with disabilities and families with young children Typical weatherization work includes the installation of attic and wall insulation, caulking, weather stripping, repair or replacement of inefficient appliances,doors,windows, and minor energy-related repairs.The type of weatherization that a household may receive is contingent upon a household's income eligibility and a comprehensive assessment of the household's energy use. Funding in the amount of$1,383,533 has been allocated to the City of Beaumont for this program. This level of funding should allow for the provision of service to approximately 175 homes, with five percent (5%) of the funding amount used for administration expenses. Application for this program would be made to the Texas Department of Housing and Community Affairs (TDHCA). Funds would be available through this grant, with no required local match. Councilmember Smith made a motion to APPROVE A RESOLUTION THAT KYLE HAYES, CITY MANAGER, BE AND HE IS HEREBY AUTHORIZED TO APPLY FOR, REPRESENT AND EXECUTE A CONTRACT IN AN AMOUNT UP TO $1,382,533 THROUGH THE TEXAS WEATHERIZATION ASSISTANCE PROGRAM,A REIMBURSEMENT PROGRAM PROVIDED BY THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS. Mayor Pro Tern Wright seconded the motion. Page 6 of 11 Minutes-June 30,2009 AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 197 7. Consider approving a six(6)month contract for the purchase of cement liner materials used for manhole rehabilitation. Administration recommended award of a contract to Standard Cement Materials, Inc., of Houston, Texas in the estimated amount of $105,840. The City sanitary sewer system utilizes thousands of brick and mortar manholes. Overtime, mortar deteriorates and gives way, creating voids which can allow the infiltration of storm water into the sanitary sewer system. This infiltration creates the potential for sanitary sewer overflows,which are public health risks,and are subject to fines by the Texas Commission on Environmental Quality (TCEQ). The Water Utilities Department has developed a Sanitary Sewer Overflow Initiative (SSOI) with the TCEQ which removes the threat of fines for overflows during a five (5) year period, providing the Department adheres to the action plan. A component of this plan is the rehabilitation of damaged manholes by spray applying a cement liner material to the interior of the manhole, and thereby filling the voids caused by deteriorated mortar. The SSOI requires the rehabilitation of 600 liner feet of manholes per month in order to avoid an administrative order or fine. This expenditure is budgeted in the Water Utilities Fund. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY STANDARD CEMENT MATERIALS, INC., OF HOUSTON, TEXAS, FOR A CONTRACT TO PURCHASE CEMENT LINER MATERIALS FOR USE BY THE WATER UTILITIES DEPARTMENT FOR MANHOLE REHABILITATION FOR AN ESTIMATED AMOUNT OF $105,840 BE ACCEPTED BY THE CITY OF BEAUMONT. Mayor Pro Tern Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 198 Page 7 of 11 Minutes-June 30,2009 8. Consider authorizing the City Manager to execute an agreement for the use of the stables at Tyrrell Park. Administration recommended approval. In an effort to resume and support equestrian and stables related activities at Tyrrell Park,the staff met with Danielle Sams who is requesting the opportunity to develop a sustainable stables operation. These meetings went well and resulted in a proposed agreement. Under the proposed agreement, Mrs. Sams will clean, improve, and maintain the barn property and its associated grounds and pastures located north of the stables road. Mrs. Sams will have control of this property and may begin a stables operation there, after the property is cleaned up. The Parks and Recreation Department will assume responsibility for all of the property south of the stables road and retain the house locate there as an office. Mrs. Sams' proposed actions will complement the clean up of the general area which is now underway and help support a wider variety of family activities at the park. The proposed six month term may be extended for additional six month periods by agreement of the parties, and the agreement contains a 30 day cancellation clause. The riding trails will continue to remain open to the general public. The agreement does not require the City to invest in the stables operation. Mrs. Sams will pay for her utilities and $350 per month for rent. Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT WITH DANIELLE SAMS FOR USE OF THE STABLES AT TYRRELL PARK. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 199 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Page 8 of 11 Minutes-June 30,2009 COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - INFORMED EVERYONE THAT WEDNESDAY, JULY 1, 2009, THE CITY OF BEAUMONT WOULD BE ROLLING OUTTHE NEW BUSES AND ALL CITIZENS WILL RIDE FOR FREE, ENCOURAGED EVERYONE TO TAKE A RIDE ON THE NEW BUSES, STATED THAT IF CITIZENS ARE INTERESTED IN KNOWING WHAT WAS DISCUSSED AT THE WORKSHOP HELD ON JUNE 23, 2009, THAT INFORMATION WILL BE POSTED ON THE CITY'S WEB SITE COUNCILMEMBER BEAULIEU - WISHED EVERYONE A HAPPY FOURTH OF JULY, AND APPRECIATED EVERYONE BEING IN ATTENDANCE MAYOR PRO TEM WRIGHT - COMMENTED ON THE NEIGHBORS IN THE PARK, COMPLIMENTED THE PARKS AND RECREATION DEPARTMENT FOR THE GREAT EVENT,THANKED MAYOR AND COUNCIL FOR THEIR VOTE ELECTING HER AS MAYOR PRO TEM, ALSO ANNOUNCED THE ENGAGEMENT OF HER SON CORNELIUS,RECOGNIZED HER FUTURE DAUGHTER-IN-LAW, MARCIA COTTINGTON, THE TWO WILL WED IN NOVEMBER COUNCILMEMBER PATE - WISHED EVERYONE A HAPPY FOURTH OF JULY, CONGRATULATED COUNCILMEMBER WRIGHT ON BEING ELECTED MAYOR PRO TEM, ALSO COMPLIMENTED COUNCILMEMBER SAMUEL ON A GREAT JOB THAT HE DID AS MAYOR PRO TEM, COMMENTED THAT SOUTH EAST TEXAS WAS RANKED #12, AS AN AREA THAT WILL REBOUND FASTER ECONOMICALLY THAN ANY OTHER AREA BECAUSE OF THE JOBS, THE UNEMPLOYMENT IS A LITTLE HIGH BUT THE OPPORTUNITIES ARE HERE IN SOUTH EAST TEXAS,THE ARTICLE CAN BE READ IN BUSINESS WEEK COUNCILMEMBER SAMUEL - WISHED EVERYONE A HAPPY FOURTH OF JULY, THANKED THE CITY EMPLOYEES FOR ALL THAT THEY DO, ALSO THANKED JIM THOMPSON AND THE PARKS AND RECREATION STAFF FOR THE WONDERFUL JOB THAT THEY DID AT THE EVENT OVER THE WEEKEND,THANKED MARY LEE AND THE BRICKYARD NEIGHBORHOOD ASSOCIATION FOR THE SUCCESSFUL CLEAN-UP, ALSO THANKED MANY FOR ALL THEIR HELP TO MAKE THE CLEAN-UP A SUCCESS, LOOKS FORWARD TO THE FREE BUS RIDE Page 9 of 11 Minutes-June 30,2009 COUNCILMEMBER SMITH - CONGRATULATED COUNCILMEMBER WRIGHT ON BEING ELECTED MAYOR PRO TEM, THANKED COUNCILMEMBER SAMUEL FOR THE GREAT JOB THAT HE HAS DONE AS MAYOR PRO TEM FOR THE LAST TWO YEARS,THANKED JIM THOMPSON AND HIS STAFF FOR THE GREAT JOB THEY DID FOR THE NEIGHBORS IN THE PARK, ALSO COMMENTED ON THE GREAT TIME HE HAD AT THE BRICKYARD NEIGHBORHOOD ASSOCIATION CLEAN-UP, WISHED EVERYONE A HAPPY FOURTH OF JULY CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - CONGRATULATED COUNCILMEMBER WRIGHT ON BEING ELECTED MAYOR PRO TEM, WISHED EVERYONE A HAPPY FOURTH OF JULY MAYOR AMES - COMMENTED ON THE WORKSHOP THAT TOOK PLACE ON JUNE 23, 2009 AND THE GREAT JOB THAT WAS DONE IN PREPARING THE WORKSHOP, AS WELL AS A TOUR OF THE COMMUNITY CENTERS THAT WILL BE OPENING SOON, COMMENTED ON THE NEW BUSES THAT WILL BE ROLLING OUT ON WEDNESDAY ALONG WITH FREE BUS RIDES ALL DAY,ANNOUNCED THAT THE CITY OF BEAUMONT TH ROUGH AMTRAK AND A PART OF THE STIMULUS PACKAGE, HAS BEEN AWARDED $1.2 MILLION TO BUILD A NEW AMTRAK STATION, ALSO THE CITY OF BEAUMONT HAS BEEN SELECTED AS ONE OF THE BEST CITIES TO MEET IN TEXAS, COMMENTED ON A MEETING SHE AND JIM THOMPSON, PARKS AND RECREATION DIRECTOR,ATTENDED WITH THE UNITED STATES TENNIS ASSOCIATION, JIM MADE A PRESENTATION REGARDING THE IMPROVEMENTS THAT THE CITY IS GOING TO MAKE AT THE ATHLETIC COMPLEX AND THE DIFFERENT PHASES OF THE IMPROVEMENTS, ANNOUNCED THE FOURTH OF JULY CELEBRATION THAT WILL START AT 5:00 P.M. AT RIVER FRONT PARK AND THE FIRE WORKS SHOW AT 9:00 P.M., ON SATURDAY, JULY 4, 2009 Public Comments (Persons are limited to three minutes) Kerry Avie 3035 Elinor St. Beaumont TX Religious Comments Open session of meeting recessed at 2:16 p.m. Page 10 of 11 Minutes-June 30,2009 EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Kenneth Allison, et al v. Mustang Tractor Holiday Inn Midtown/U.S. Cheema, Inc. There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. 161u dw IEB,ek s, Mayor �� 1;4 /�1 I / t3 / W Tina Broussard, City Clerk 0, � i Page 11 of 11 Minutes-June 30,2009