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Home My WebLink AboutMIN SEP 01 2009 M I N U T E S - CITY OF BEAUMONT W.L. Pate, Jr., At-Large BECKY AMES, MAYOR Gethrel Wright, Mayor Pro Tern Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Ward II Audwin Samuel, Ward III September 1, 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 September 1, 2009, at the Beaumont Civic Center, 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 2-3/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor James Blackwell of South Park Baptist Church gave the invocation. Mayor Pro Tern Wright led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Wright, Councilmembers Coleman, Beaulieu, Pate, Samuel 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 2-3/Consent Agenda. None CONSENT AGENDA Approval of minutes - August 25, 2009 Confirmation of committee appointments - None A) Approve Change Order No. 1 for extra work on the Athletic Complex tennis courts project- Resolution 09 - 257 Minutes-September 1,2009 B) Authorize the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XV Project for "extra work" - Resolution 09 - 258 C) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Withers and Walton Streets for Pointe North, Hope VI New Housing- Resolution 09 - 259 D) Authorize the granting of a Pipeline License Agreement to cross Phelan/Old Sour Lake Road and Keith Road rights-of-way near the Beaumont Municipal Airport - Resolution 09 - 260 Mayor Pro Tern Wright made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a request for an amended specific use permit to allow the expansion of a medical office in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 5220 Eastex Freeway. Administration recommended approval of the amended specific use permit to allow the expansion of a medical office in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 5220 Eastex Freeway. Dr. John Webb, representing Beaumont Medical Clinic, has applied for an amended specific use permit. In August, 1986, City Council approved a specific use permit to allow a parking lot on the subject property. The parking lot was to serve the Medi-Quick Medical Care Centers medical office that was located at 5220 Eastex Freeway. At that time,the property was also rezoned to RM-H. Beaumont Medical Clinic,the current tenant, has moved a 2,016 sq.ft. portable commercial building onto a portion of the rear parking lot to augment the existing medical practice. A building permit was applied for on July 3, 2007. The building had been moved to its present location approximately seven days prior to the permit application. Dr. Webb states that the building will be open from 8:30 a.m. to 6:00 p.m. A 7' tall wood screening fence exists along the north property line and a portion of the east property line. Staff has been informed that the building will be at this location for two years. However, windstorm requirements require that the building be placed on a permanent foundation. Pacle 2 of 6 Minutes-September 1,2009 With the placement of the building, the parking lot is being re-arranged to accommodate 39 parking spaces. Twenty-two parking spaces are required for the existing building and the new addition. At a Joint Public Hearing held August 17, 2009, the Planning Commission recommended approval 6:0 of an amended specific use permit subject to the following condition: • The building shall meet all building code requirements and shall be securely fixed to a permanent foundation. At the City Council meeting held August 25, 2009, the amended specific use permit was conditionally approved. However, the address was incorrectly stated as 4229 Eastex Freeway. The address of the subject property is 5220 Eastex Freeway. Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 09-043 TO CORRECT THE PROPERTY DESCRIPTION FOR THE EXPANSION OF A MEDICAL OFFICE IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING - HIGHEST DENSITY)DISTRICT AT 5220 EASTEX FREEWAY. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 09 - 048 2. Consider exercising the option to purchase the Jefferson Theatre. Administration recommended exercising the option to purchase the Jefferson Theatre for one dollar ($1.00). In June 2006, the City entered into an agreement with the Jefferson Theatre Limited Partnership (JTLP)to assume all responsibilities for the operation and maintenance of the Jefferson Theatre.JTLP received tax credits as a part of a major renovation in 2003 and could not relinquish ownership until after June 2009. The agreement grants the City 1St right of refusal to purchase the Jefferson Theatre for one dollar ($1 .00). The agreement stipulates that upon exercising this option, the City will prepare a Special Warranty Deed transferring title to the City. Daily operation and maintenance of the facility is managed by the Event Facilities and Libraries Department. Since the City has assumed maintenance of the facility, the roof has been replaced and the outdoor marquee has been refurbished. Funds are available in the Event Facilities and Libraries Department budget. Page 3 of 6 Minutes-September 1,2009 Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE OPTION TO PURCHASE THE JEFFERSON THEATRE FOR THE AMOUNT OF ONE DOLLAR ($1.00) BE AND THE SAME IS HEREBY EXERCISED, SAID PROPERTY TO BE CONVEYED TO THE CITY OF BEAUMONT BY SPECIAL WARRANTY DEED. 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 - 261 3. Consider approving contracts for grounds maintenance of City parks. Administration recommended the award of annual contracts to Garden of Gethsemane Nursery&Landscaping, LLC, of Beaumont in the estimated amount of$71,571, and Perfect Cut Lawn Care of Beaumont in the estimated amount of $62,784. This contract provides labor, materials and equipment for grounds maintenance for twenty- nine (29) parks totaling approximately two hundred eighteen (218) acres and twenty (20) triangles totaling approximately three (3) acres. The contract is for one year with renewal options not to exceed two years at the contract prices. In previous years it has been difficult for a single contractor to maintain the volume of work required; therefore, the contract has been divided geographically into four sections. Eleven (11)vendors were notified with nine(9)vendors responding. Bidders were requested to bid each section separately and bids were evaluated for price, experience, and capability to successfully perform the work. The lowest bidder for all four sections was Garden of Gethsemane. The next lowest bidder was Perfect Cut Lawn Care. The most advantageous award based on the criteria is Sections I, II and IV to Garden of Gethsemane and Section I I I to Perfect Cut Lawn Care. Funds are available for this expenditure in the Parks and Recreation Department's operating budget. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE BIDS SUBMITTED BY GARDEN OF GETHSEMANE NURSERY&LANDSCAPING,LLC,IN THE TOTAL AMOUNT OF $71,571 AND PERFECT CUT LAWN CARE IN THE AMOUNT OF $62,784 FOR ANNUAL CONTRACTS FOR GROUNDS MAINTENANCE OF CITY PARKS AND TRIANGLES BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE Page 4 of 6 Minutes-September 1,2009 MOTION PASSED Resolution 09 - 262 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. PUBLIC HEARING Receive comments on the proposed 2009 (FY 2010) Proposed Tax Rate Public Hearing Open - 1:41 p.m. Public Hearing Close - 1:42 p.m. COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - THANKED EVERYONE FOR THEIR PRAYERS FOR THE RECOVERY OF HIS STEP-FATHER AND MOTHER-IN-LAW, BOTH ARE DOING MUCH BETTER COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER PATE - STATED THAT LABOR DAY WEEKEND WILL BE COMING UP, ENCOURAGED EVERYONE TO BE SAFE, WEAR THEIR SEAT BELTS AND DRIVE SAFELY MAYOR PRO TEM WRIGHT - NONE COUNCILMEMBER BEAULIEU - NONE COUNCILMEMBER COLEMAN - NONE CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - INTRODUCED DANIELLE UNDERFERTH, THE NEW COMMUNICATIONS MANAGER, FROM BALTIMORE, MARYLAND MAYOR AMES - NONE Public Comments (Persons are limited to three minutes) Paul L. Jones 10033 Brooks Rd. Beaumont TX Commented on the police video that he observed on the news involving a citizen,would also like to know if the officers involved in this incident live in the City of Beaumont Page:5 of 6 Minutes-September 1,2009 Joanne Brown 3595 Wheat Beaumont TX Commented on the need of more personnel in the area of First Responders through LIT, also invited all uniformed personnel to come and eat for free at United Wesley Methodist Church on September 10, 2009, in remembrance of 9/11 Paul A. Brown 4370 Cartwright Beaumont TX Commended City Council for doing an excellentjob, commented on the incident that occurred between a citizen and Beaumont Police Officers Vernon Durden 2110 Westbury Beaumont TX Requested that Council consider putting a Citizen Committee in place, with each Councilmember appointing a person from each ward, meeting monthly or quarterly and reporting to the Mayor, this committee will deal with the issues that are occurring in the City of Beaumont Louis Vaughn 9615 Mapes Beaumont TX Spoke in regards to BISD and South Park School, stated that the City Council has a moral obligation to step in and condemn the building, as well as having a voice for the children, also requested that the City check the wooded area near Westbrook High School,the weeds are at least 12 inches high and needs to be cut down Open session of meeting recessed at 1:58 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Douglas Manning, et al v. City of Beaumont Derrick Newman v. David Todd Burke, et al Fannett Entertainment, Inc., v. City of Beaumont, et al There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. Itt I Be c y Ames, ayor •� ��+I A U ... FLU Tina Broussard, City Clerk i�i►t 1tj1, ��Ar Page ��~�♦�� 9- Minutes-September 1,2009