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Home My WebLink AboutMIN OCT 27 2009 M I N U T E S - CITY OF BEAUMONT W.L. Pate, Jr., At-Large BECKY AMES, MAYOR Gethrel Wright, Mayor Pro Tom Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Ward 11 Audwin Samuel, Ward III October 27, 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 October 27, 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 5 and 6/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Dr. James Fuller, Pastor of Calder Baptist Church gave the invocation. Councilmember Smith led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tem Wright, Councilmembers Coleman, Samuel and Smith. Absent: Councilmembers Beaulieu and Pate. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Councilmembers Beaulieu and Pate are both attending a Conference. Proclamations, Presentations, Recognitions "Domestic Violence Awareness Month" - October, 2009 - Proclamation read by Mayor Pro Tern Wright; accepted by Yvette Borrero, Sergeant with the Beaumont Family Violence Task Force and staff Presentation- Employees received Service Awards for 30, 35 and 40 years of Service, the awards were presented by Mayor Ames and City Manager Kyle Hayes 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 5 and 6/Consent Agenda. None Minutes-October 27,2009 CONSENT AGENDA Approval of minutes - October 13, 2009 Confirmation of committee appointments - None A) Authorize the City Manager to enter into a contract for the provision of relocation assistance for the owner of a house flooded during Hurricane Ike in conjunction with the approved Hazard Mitigation Grant Program's Acquisition and Demolition Program - Resolution 09 - 323 B) Authorize the acceptance of a water line easement to provide water services for the BISD Multi-Purpose Facility - Resolution 09 - 324 C) Authorize the granting of a Utility Crossing Agreement to cross city utility easements outside the corporate limits - Resolution 09 - 325 D) Authorize the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XVI Project for "extra work" - Resolution 09 - 326 E) Authorize the City Manager to increase the Sanitary Sewer System Improvements 16-Inch Force Main Florida Avenue Project for "extra work" - Resolution 09 - 327 F) Approve a resolution requesting a change in investment authority for the City of Beaumont- Resolution 09 - 328 G) Authorize the City Manager to enter into a memorandum of understanding with Christus St. Elizabeth Hospital for the Hospital to make application of grant funding through the Pre- Disaster Mitigation Program and the Port Security Grant Program - Resolution 09 - 329 Councilmember Samuel made a motion to approve the Consent Agenda. Mayor Pro Tern Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, SAMUEL AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Considera requestforan HC-L(Historic Cultural Landmark Preservation) Designation at407 7th Street. Administration recommended denial of the HC-L Designation. Tom Hinson has applied for the HC-L Designation. Page 2 of 9 Minutes-October 27,2009 The structure was constructed c. 1906 and is of the Neoclassical style. The structure is currently vacant and in bad repair. The City of Beaumont tagged the structure as substandard in June, 2007. In September, 2008, the Historic Landmark Commission approved a certificate of appropriateness to allow the demolition of the structure. Mr. Hinson acquired the property in 2008 with the intention of restoring it. On August 25, 2008, Mr. Hinson was granted a Temporary Injunction to prohibit the City of Beaumont from proceeding with the demolition for 150 days and to allow Mr. Hinson to bring the structure into compliance with city codes and to obtain a certificate of occupancy. The 150 days expired on January 25, 2009. The only building permit that Mr. Hinson has received is an Ike commercial re-roof that was issued on December 12, 2008. No other permits have been issued. Due to the fact that Mr. Hinson did not complete the renovation and did not receive a certificate of occupancy within the time frame required by the Temporary Injunction, the has doubts that the structure will be brought up to code. The property continues to be an eyesore and detriment to the neighborhood. On September 12, 2009,the Historic Landmark Commission recommended denial by a vote of 5:2. At a Joint Public Hearing held October 19, 2009, the Planning Commission recommended 4:2 to deny the HC-L Designation. Councllmember Coleman moved 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 ESTABLISHING AN HC-L (HISTORICAL-CULTURAL LANDMARK PRESERVATION) DESIGNATION FOR PROPERTY LOCATED AT 407 7T" STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Mayor Pro Tern Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, SAMUEL AND SMITH NAYS: NONE MOTION PASSED 2. Consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a self-storage warehouse facility in a GC-MD-2 District on Pinchback Road. Fittz and Shipman has applied for the zone change and specific use permit. Page 3 of 9 Minutes-October 27,2009 Austin Dishman,the property owner, proposes to construct approximately 321 storage units in over 211,000 sq. ft. of building area. At a Joint Public Hearing held October 19, 2009, the Planning Commission recommended 6:0 to approve the zone change and specific use permit subject to the following conditions: • Provide a underground drainage system with outfall to the DD#6 drainage ditch. • The building setbacks along the north and south property lines shall be a minimum of 20 feet or a variance to the setback requirements must be granted by the Board of Adjustment. • An 8 foot tall wood screening fence and a 10 foot wide landscape strip shall be installed around the single family property that is surrounded by the subject property. • Directional lighting shall be used to minimize the impact on surrounding residential properties. and with a modification to the landscaping/screening requirements along the north, south and west property lines (no 8 foot fence or 10 foot landscape strip). Councilmember Smith 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 ON THE WEST SIDE OF PINCHBACK ROAD, BETWEEN THE MISSOURI PACIFIC RAILROAD AND THE T. & N.O. RAILROAD TRACKS,IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Mayor Pro Tern Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 09 - 059 Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SELF-STORAGE WAREHOUSE FACILITY IN A GC- MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT LOCATED ON THE WEST SIDE OF PINCHBACK ROAD, BETWEEN THE MISSOURI PACIFIC RAILROAD AND THE T. & N.O. RAILROAD TRACKS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, SAMUEL AND SMITH Page 4 of 9 Minutes-October 27,2009 NAYS: NONE MOTION PASSED Ordinance 09 - 060 3. Consider a request for a specific use permit to allow a mother-in-law quarters in an RS (Residential Single Family Dwelling) District at 8035 Voth Road Administration recommended approval of the specific use permit to allow a mother-in-law quarters in an RS (Residential Single Family Dwelling) District at 8035 Voth Road. Dave and Faye Hofferth have applied for the specific use permit. Mr.and Mrs. Hofferth state that the structure would be a 16'x 32'single story residence for Ms. Hofferth's 75 year old mother. At a Joint Public Hearing held October 19, 2009, the Planning Commission recommended 6:0 to approve the specific use permit subject to the following conditions: • The mother-in-law quarters will not be leased. • The mother-in-law quarters shall not be on a separate electrical meter. Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MOTHER-IN-LAW QUARTERS IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT LOCATED AT 8035 VOTH ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 09 - 061 4. Consider a request for a specific use permit to allow a law office in an RCR-H (Residential Conservation and Revitalization) District at 2535 North Street. Bruce A. Hoffer has applied for the specific use permit. Mr. Hoffer states that the hours of operation for the law office will be from 8:00 a.m.-5:00 p.m., Monday through Friday. At a Joint Public Hearing held October 19, 2009, the Planning Commission recommended 6:0 to approve the specific use permit subject to the following condition: Page 5 of 9 Minutes-October 27,2009 • Parking space #5 shall be made ADA compliant and with a modification to the landscaping/screening requirements along the east,west and south property lines(6'tall wood screening fence and no landscape strip along the east and south property lines and a 4' tall chain link fence and no landscape strip along the west property line). Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A LAW OFFICE IN AN RCR-H (RESIDENTIAL CONSERVATION AND REVITALIZATION-H)DISTRICT LOCATED AT 2535 NORTH STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 09 - 062 5. Consider a request for an abandonment of easements along State Highway 124 and down the center of the previously abandoned Hebert Street. Administration recommended approval of abandoning the 15 foot wide utility easement in the abandoned portion of Hebert Street and denial of abandoning the 20 foot wide utility easement along the south side of Fannett Road. The Administration recommends approval of abandoning the 15 foot wide utility easement in the abandoned portion of Hebert Street and denial of abandoning the 20 foot wide utility easement along the south side of Fannett Road. Cathedral of Faith Baptist Church has applied for the abandonment. Cathedral of Faith Baptist Church owns the property on either side of the abandoned Hebert Street and to the south of the easement along Fannett. The church would like to construct a new parking lot across the subject property. This item was sent to all interested parties. City of Beaumont Water Utilities has a 6"sanitary sewer main within the 15 foot wide utility easement located in the abandoned Hebert Street. There is a 48" sanitary sewer main and an 8" water main located within the 20 foot wide easement on the south side of Fannett Road. Water Utilities does not object to the abandonment of the 15 foot easement. However, Water Utilities does object to the abandonment of the 20 foot easement. Page 6 of 9 Minutes-October 27,2009 At a Regular Meeting held October 19, 2009, the Planning Commission recommended 7:0 to approve abandoning the 15 foot wide utility easement in the abandoned portion of Hebert Street and denial of abandoning the 20 foot wide utility easement along the south side of Fannett Road. Councilmember Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING A FIFTEEN FOOT(15')WIDE UTILITY EASEMENT IN THE ABANDONED PORTION OF HEBERT STREET LOCATED BETWEEN FANNETT ROAD AND DELORES STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 09 - 063 6. Consider approving a change order and authorizing final payment for the Rolfe Christopher Pavement Improvement Project. Administration recommended approval of Change Order No. 3, in the amount of ($231 ,507.83), for adjusting estimated construction quantities to match quantities actually used during the performance of the project and to authorize final payment in the amount of $284,294.88 to Allco, LTD. On December 11, 2007, City Council awarded Allco, LTD the contract for the project in the amount of$5,495,820.65. Change Order No. 1, in the amount of$195,277.93,was approved by City Council on July 22, 2008 increasing the contract amount to $5,691 ,098.58 and Change Order No. 2 in the amount of$226,306.93,was approved by Council on July 14, 2009 increasing the contract amount to $5,917,405.51 . Due to a decrease in the construction quantities, Change Order No. 3, in the amount of ($231,507.83), is required to adjust the estimated quantities used during the performance of the project decreasing the contract amount to $5,685,897.68. The MBE participation in the performance of the contract totals$1,139,389.32, representing 20.04% of the final contract amount. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set out in the contract. Funds are available in the Capital Program. Mayor Pro Tern Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 3 IN THE AMOUNT OF ($231,507.83, THEREBY DECREASING THE CONTRACT AMOUNT TO $5,685,897.68 FOR THE ROLFE CHRISTOPHER PAVEMENT IMPROVEMENT PROJECT(SPUR 380-EAST VIRGINIA STREET,TO HWY 69 S FEEDER ROAD). Councilmember Samuel seconded the motion. Page 7 of 9 Minutes-October 27,2009 AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 330 COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH- CONGRATULATED THE EMPLOYEES THAT RECEIVED SERVICE AWARDS, GREAT TIME AT THE NEIGHBORS IN THE PARK COUNCILMEMBER SAMUEL - CONGRATULATED COUNCILMEMBER SMITH ON THE NEIGHBORS IN THE PARK, ALSO CONGRATULATED CITY ATTORNEY, TYRONE COOPER, WHO WAS ELECTED PRESIDENT OF THE TEXAS CITY ATTORNEY ASSOCIATION, WHICH IS AN AFFILIATION OF THE TEXAS MUNICIPAL LEAGUE MAYOR PRO TEM WRIGHT- CONGRATULATED TYRONE COOPER ON HIS APPOINTMENT, THE EMPLOYEES THAT RECEIVED SERVICE AWARDS, ALSO THANKED THE FIRE DEPARTMENT FOR RAISING MONEY FOR CANCER AWARENESS MONTH, SPOKE OF THE CAFE' ON LIBERTY STREET THAT HAS REOPENED COUNCILMEMBER COLEMAN - CONGRATULATED THE EMPLOYEES THAT SERVE THE CITY SO WELL ON THEIR SERVICE AWARDS, THANKED BRUCE'S CONSTRUCTION FOR A FINE JOB ON THE COUNCIL CHAMBERS RENOVATION,THANKED THE CITIZENS THAT THE YOUNG LIFE FUND RAISING BANQUET COUNCILMEMBER BEAULIEU - ABSENT COUNCILMEMBER PATE - ABSENT CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - COMMENTED ON THE BOY'S BASH, THE INDIA FEST, BEAUMONT PUBLIC SCHOOLS FIESTA BREAKFAST, COMMUNITIES IN SCHOOLS FUND RAISER, GIFT OF LIFE FUND RAISER WITH DEBBIE REYNOLDS, CONGRATULATED ALL THE EMPLOYEES THAT RECEIVED A SERVICE AWARD ON THEIR YEARS OF TENURE Page 8 of 9 Minutes-October 27,2009 Public Comments (Persons are limited to three minutes) Addie Allen 9695 Gross Beaumont TX Commented on property that has been fined at 1060 Schwarner regarding the cutting of the grass, requested to know why she is being fined and charges pressed against her, she is having the grass cut on a regular basis, asked for relief from Council on this issue Louis Vaughn 9615 Mapes St. Beaumont TX Continued dialogue pertaining to South Park Middle School and the students success and welfare that is hanging in the balance, asked that these students be given the proper tools to help them in their educational futures,the issue dealing with the school is inclusive of everyone Bruce Hoffer 2535 North St. Beaumont TX Thanked Council for approving the specific use permit to operate his law office on North Street, also commented on the drainage improvement on North Street, thanked the Water Utilities Department for all of their hard work Open session of meeting recessed at 2:15 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Tina Lewallen v. City of Beaumont Clifford Teasley v. City of Beaumont Derrick Newman v. Todd Burke, et al There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. Beq*y Am , Mayor Ir4I t Tina Broussard, City Clerk ��jl „S AW Page 9 of 9 Minutes-October 27 2009