Loading...
HomeMy WebLinkAboutMIN JUL 26 2011 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 Michael D.Getz,Ward 11 Audwin Samuel,Ward III July 26,2011 Jamie Smith, Mayor Pro Tern 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 date,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 3-9/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor"Big Jim"Salles of West End Baptist Church 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 Ames, Councilmembers Coleman, Getz,Wright, Samuel and Pate. Absent: Mayor Pro Tern Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Mayor Pro Tem Smith is out of town on vacation. Proclamations, Presentations, Recognitions "Presentation" - Norma Sampson with Gift of Life addressed Council regarding the initiative of Gift of Life to help women fight female cancers 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 3-9/Consent Agenda. None CONSENT AGENDA Approval of minutes - July 19, 2011 Confirmation of committee appointments - None A. Authorize the City Manager to enter into a contract with the National Traffic Safety Minutes—July 26,2011 Academy and Ford Park for a teen driving program sponsored by the Police Department— Resolution 11 - 203 B. Approve Change Order No. 3 related to the Riverfront Park Bank Stabilization Project— Resolution 11 - 204 C. Authorize eminent domain proceedings to acquire property located at 5170 Concord Road for the Concord Road Pavement Widening Project— Resolution 11 - 205 Councilmember Pate made a motion to approve the Consent Agenda. Councilmember Wright seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling- Highest Density) District to HI (Heavy Industrial) District at 2050-2060 Angelina Street. Administration recommended approval of a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density) District to HI (Heavy Industrial) District at 2050-2060 Angelina Street. John Mazoch, President of Coastal Welding Management, Inc. has requested a zone change. If rezoned, Coastal Welding Management will construct a building to be utilized by Coastal Specialty Gas and Coastal Welding Supply to warehouse goods sold by both companies. At a Joint Public Hearing held July 18, 2011, the Planning Commission voted 9:0 to approve a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density) District to HI (Heavy Industrial) District at 2050-2060 Angelina Street. Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 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 RM-H(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)DISTRICT TO M(HEAVY INDUSTRIAL)DISTRICT FOR PROPERTY LOCATED AT 2050-2060 ANGELINA STREET,BEAUMONT,JEFFERSON COUNTY,TEXAS;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Coleman seconded the motion. Minutes—July 26,2011 AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 11 — 047 2. Consider a request for an amendment to Chapter 28,Section 28.04.003,Sign Regulations, to allow multi-color electronic reader board signs at schools. - Tabled Councilmember Samuel made a motion to TABLE THIS ITEM FOR ONE (1) WEEK UPON THE REQUEST OF MAYOR PRO TEM SMITH. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN,WRIGHT, PATE AND SAMUEL NAYS: COUNCILMEMBER GETZ MOTION PASSED TO TABLE ITEM FOR ONE(1)WEEK 3. Consider an appeal of the Historic Landmark Commission's decision to deny the painting of the brick on the house at 2495 Gladys Administration recommended approval of the appeal solely based on the fact that the house has already been painted and having the paint removed now would seem nonsensical. It is also a regrettable fact that the homeowner willfully ignored the rules and process. Virginia Radford applied for a certificate of appropriateness on May 10, 2011 to paint the brick on her house. The Historic District regulations state that brick cannot be painted unless the applicant establishes that the color and texture of replacement brick cannot be matched with that of the existing brick surface or that the painting is necessary to restore or preserve the brick itself. The Planning Manager told her that the brick could not be painted without Historic Commission approval. At the meeting of the Historic Landmark Commission on June 13, Ralph Jordan, member, also said that he had told her the brick could not be painted without Historic Landmark Commission approval. Ms. Radford ignored what she was told and painted the brick. The certificate of appropriateness went before the Historic Commission on June 13,2011. Ms. Radford did not attend the meeting. Notice of the meeting was left at her house. Her certificate of appropriateness to paint the brick was denied by a vote of 7:1. The Planning Manager received a letter from Wendell Radford Jr., Ms. Radford's son, on July 6th that stated that the Historic Landmark Commission approved her request. On July 6"', the Planning Manager sent Mr. Radford a certified letter explaining that was not the case and what action he could take by an August 5"' deadline. Minutes—July 26,2011 Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OVERTURNING THE DECISION OF THE HISTORIC LANDMARK COMMISSION TO DENY AN APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS TO PAINT THE BRICK ON A STRUCTURE LOCATED AT 2495 GLADYS, BEAUMONT,TEXAS,AND APPROVING SAID APPLICATION. Councilmember Getz seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 09 - 048 4. Consider an ordinance approving the setting of a Cost of Service Adjustment rate schedule by CenterPoint Energy which provides for an annual cost of service and rate base adjustment based on the Company's annual cost data. Administration recommended approval of an ordinance approving the setting of a Cost of Service Adjustment rate schedule by CenterPoint Energy which provides for an annual cost of service and rate base adjustment based upon the annual cost data of the Company. On April 29, 2011, CenterPoint Energy ("CenterPoint")filed an application with the City of Beaumont to adjust rates pursuant to the Cost of Service Adjustment ("COSA")tariff with the City of Beaumont. The tariff allows CenterPoint to make an annual request for a rate adjustment based upon calendar year operating expenses, returns on investment, and Texas franchise taxes. This information is included in the Company's audited financial operating results contained in CenterPoint's annual report to the Railroad Commission of Texas. CenterPoint's filing for the calendar year 2010 operating results show a cost reduction of about $630,000 for the Beaumont-East Texas Division. The bottom line impact on customer bills resulting from this year's COSA filing,when allocated to the three general customer classes of (i) residential, (ii) small commercial and (iii) large volume, results in monthly rate reductions to the customer charge component of the customers' bills as follows: Class Monthly Reduction Residential $0.22 Small Commercial $0.34 Large Volume $1.58* The Lawton Law Firm, which is retained as the City's utility consultant, has reviewed the CenterPoint request together with the filings available in the public domain, including Railroad Commission filings, gas infrastructure rate filings and other documents,to confirm the Company's calculations and cost/investment trends. Their analysis of CenterPoint's COSA filings indicates that CenterPoint's calculations are accurate and conform with Rate Schedule No. COSA-4 on file with other tariffs as the City. The recommendation is that the proposed COSA be approved. Minutes—July 26,2011 The reasonable expenses associated with rate cases are reimbursable by CenterPoint Energy as they have been in the past. *The large volume reduction is set at the 5% cap change of $1.85 rather than the calculated $2.17 monthly reduction. Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS SETTING THE JUST AND REASONABLE RATES FOR THE COST OF SERVICE ADJUSTMENT("COSA")TO BE CHARGED BY CENTERPOINT ENERGY("CENTERPOINT")FOR GAS SERVICE FOR CUSTOMERS IN THE CITY OF BEAUMONT,TEXAS;REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE FOR THIS ORDINANCE. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 11 — 049 5. Consider authorizing the City Manager to execute an agreement with the Texas Department of Transportation to receive funding for the design and construction of a multi- use pedestrian and bicycle trail between Delaware Street and Folsom Road. Administration recommended approval of a resolution authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TXDOT). The City of Beaumont has received Federal Highway Administration Funds to design and construct a 1.1 mile multi-use trail between Delaware and Folsom.The City's participation in the $826,418.00 project is 20 percent or$165,283.60 of the total estimated cost. If the agreement is approved, City Staff will design, bid, and manage the project. The City of Beaumont prepared and submitted to the State a nomination form for consideration under the Transportation Enhancement Program for the project which is described as the Delaware Folsom Multi-use Connector. Funds are available in the Capital Program. Councilmember Coleman a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A LOCAL TRANSPORTATION PROJECT ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE DELAWARE FOLSOM MULTI-USE CONNECTOR PROJECT. Councilmember Getz seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, WRIGHT, PATE AND SAMUEL Minutes—July 26,2011 NAYS: NONE MOTION PASSED Resolution 11 - 206 6. Consider approving a contract to supply motor fuels at automated city-owned fuel sites and at retail locations for the fueling of city vehicles. Administration recommended the award of a three (3) year contract to Fleetcor Technologies Operating Company, LLC, dba Fuelman, of Norcross, Georgia. The City maintains two (2)automated fuel sites on City property. Bids were solicited for a three (3) year contract to supply consigned gasoline and diesel fuel to these sites. Fuel cards are assigned to individual City vehicles and may be used to obtain fuel from contracted retail locations or from the city-owned sites. Pricing is based on the Oil Price Information Service (OPIS) published rates for Beaumont, TX. Bids were solicited from fourteen(14)vendors. The sole response was from Fuelman,who held the previous contract. Pricing is$.144 per gallon above the OPTS rate. The rate for the previous contract was$.129 per gallon. The City expended$2,169,822 on the FY2010 contract. Funds are available for this expenditure in the user Departments' operating budgets. Councilmember Getz made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH FLEETCOR TECHNOLOGIES OPERATING COMPANY, LLC, DBA FUELMAN, OF NORCROSS, GEORGIA, FOR A THREE (3) YEAR CONTRACT TO SUPPLY CONSIGNED GASOLINE AND DIESEL FUEL AT AUTOMATED CITY-OWNED FUEL SITES,IN THE AMOUNT OF$.1"PER GALLON ABOVE THE OIL PRICE INFORMATION SERVICE(OPIS) PUBLISHED RATES FOR BEAUMONT,TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 11 - 207 7. Consider approving a contract for shutters, storefront doors and window screens for the Police Department Building and the Emergency Operations Center Administration recommended the award of a bid to H. B. Neild &Sons, Inc.of Beaumont in the amount of$559,450. Minutes—July 26,2011 City Council authorized the application and receipt of funds from the U. S. Department of Homeland Security DR-1791 Hazard Mitigation Grant Program for improvements to the roof and window integrity of the Emergency Operation Center(EOC)/911 Communications Center and Police Buildings on July 28, 2009. On July 14, 2011, bids were received for furnishing and installing new storefront doors, window screens and motorized shutters at the two facilities. The Police Building will receive new storefront windows,doors and motorized shutters.The existing doors are original to the building and continue to leak during wind driven rain events. The shutters will protect entrances from flying debris and rain. Impact resistant window screens and motorized shutters will be installed at the EOC to shelter the building from flying debris and wind driven rain. Alternate No. 2 includes the installation of shutters and screens on the rooftop's mechanical penthouse. The new shutters are designed to withstand 150 m.p.h.winds meeting Hurricane Category 5 standards. The retrofits to these buildings will provide employees with a safe shelter during emergency weather events. The apparent low bidder, H. B. Neild &Sons, Inc., does not plan to subcontract any work to MBE/HUB vendors. Alternate No. 1 was a deduction in price to reduce the glass thickness in doors from 1 inch to 9/16 inch. Staff recommended the base bid and Alternate No. 2 only. One other bid was received but withdrawn due to an error in their bid. Work will commence by August 10 and be completed in 210 days. Funds for this project are provided by a U. S. Department of Homeland Security Hazard Mitigation Grant. This grant requires a match of 25%or$139,862.50,which is available in the Capital Reserve Fund. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A BID TO H.B.NEILD&SONS,INC.OF BEAUMONT,TEXAS,IN THE AMOUNT OF$559,450 FOR MOTORIZED SHUTTERS,STOREFRONT DOORS AND WINDOW SCREENS FOR THE POLICE AND MUNICIPAL COURT BUILDINGS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 11 — 208 8. Consider authorizing the award of two contracts to rehabilitate eight (8) properties associated with the Neighborhood Stabilization Program. Minutes-July 26,2011 Administration recommended the award of a contract to NVT Construction of Port Arthur, in the estimated amount of$267,000 and B&B Construction of Nederland, in the estimated amount of$197,844.92. In.response to the recent decline of property values and mortgage foreclosures across the country, the U.S. Department of Housing and Urban Development(HUD) developed the Neighborhood Stabilization Program (NSP), in order to assist with the revitalization and stabilization of impacted communities. The City of Beaumont received a Grant in the amount of $1,125,873 to purchase, rehabilitate and sell affordable housing to low income citizens. With these funds the City has purchased eight homes which are ready for rehabilitation. Bids for the rehabilitation of the eight(8)properties were divided into two(2)groups of four (4)properties per bid due to a restricted time frame in which to complete the rehabilitation. Grant funds are available from the U.S. Department of Housing and Urban Development and require no matching funds. Councilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE BIDS SUBMITTED BY NVT CONSTRUCTION OF PORT ARTHUR,TEXAS,AND B&B CONSTRUCTION OF NEDERLAND,TEXAS, FOR THE REHABILITATION OF A TOTAL OF EIGHT (8) HOMES UNDER THE NEIGHBORHOOD STABILIZATION PROGRAM BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Pate seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 11 - 209 9. Consider approving a resolution to write-off uncollectible delinquent accounts associated with EMS ambulance charges and weed abatement charges—Tabled Council agreed to table item upon the request of Councilmember Getz COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN- REQUESTED ADDITIONAL INFORMATION FOR THE AGENDA ITEMS THAT WERE TABLED, ASKED FOR A MORE IN DEPTH SURVEY ON THE SIGN ORDINANCE OF OTHER CITIES THAT ARE OF SIMILAR SIZE, ON THE UNCOLLECTIBLE ITEM ASKED FOR INFORMATION PERTAINING TO THE COLLECTION AGENCY PROCEDURES, HOW LONG HAS THE CITY HAD THE COLLECTION AGENCY IN PLACE AND HOW OFTEN DOES THE CITY GO OUT FOR BIDS FOR THE AGENCIES ETC., REMINDED Minutes—July 26,2011 CITIZENS OF THE REFEREE CERTIFICATION PROCESS THAT IS COMING UP IF ANYONE IS INTERESTED COUNCILMEMBER GETZ - NONE COUNCILMEMBER WRIGHT- HAD THE PRIVILEGE OF ATTENDING A 100 YEAR BIRTHDAY PARTY FOR MR. GEORGE WASHINGTON, SR., COMMENTED ON THE STATUE DEDICATION ON IRVING STREET,HONORING TERRY CHARLTON AND T.T. POLLARD THE FOUNDERS OF THE CHARLTON POLLARD EDUCATIONAL FOUNDATION,IT IS VERY IMPORTANT TO THE CITY AND ENCOURAGED EVERYONE TO GO BY AND LOOK AT THE STATUE, THANKED GWEN AMBRES FOR FREQUENTLY ATTENDING THE CITY COUNCIL MEETINGS, STATED SHE WOULD TRY AND ATTEND BISD, COMMISSIONERS COURT AS WELL AS THE PORT OF BEAUMONT'S MEETINGS, MENTIONED THE PRESS CONFERENCE HELD BY THE JULIE ROGERS GIFT OF LIFE PROGRAM COUNCILMEMBER PATE- STATED HE RECEIVED A CALL FROM A CITIZEN, MR. CLARK WINSLOW, WHO COMMENDED THE BEAUMONT FIRE DEPARTMENT#14 ON A GREAT JOB THEY DID ON SAVING HIS HOUSE FROM A FIRE THAT STARTED IN HIS GARAGE COUNCILMEMBER SAMUEL- ANNOUNCED A WORKSHOP THAT WILL BE SPONSORED BY THE BRICKYARD NEIGHBORHOOD ASSOCIATION ON AUGUST 1, 2011, AT ST. LUKE MISSIONARY BAPTIST CHURCH AT 6:OOP.M., THE WORKSHOP WILL BE HOSTED BY THE MANAGING ATTORNEY FROM LONE STAR LEGAL AID, HE WILL DISCUSS LEGAL AID AND VARIOUS SERVICES THE COMPANY PROVIDES,CONGRATULATED THE COMMITTEE FOR THE CHARLTON POLLARD MASS REUNION,AS WELL AS THE COMMITTEE FOR THE BLESSED SACRAMENT MASS REUNION, ASKED THAT THE CITY HAVE A WORKSHOP REGARDING STREET REHABILITATION AND THE PROCESS THAT IS TAKEN WHEN THE STREETS ARE BEING DECIDED UPON,AS WELL AS CAPITAL PROJECTS, WOULD LIKE TO GET AN UPDATE ON WHERE THE CITY IS WITH MAGNOLIA AVENUE ASKED THAT THERE BE SOME TYPE OF RESURFACING OF THAT STREET, ALSO ASKED WHERE THE CITY IS WITH THE REDEVELOPMENT PROJECT IN WARD III,THIS PROJECT WAS DISCUSSED SOME TIME AGO, WOULD LIKE TO SEE THIS PROJECT MOVE FORWARD MAYOR PRO TEM SMITH- ABSENT CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES- NONE Minutes—July 26,2011 MAYOR AMES- COMMENTED ON HER ATTENDANCE TO THE CHARLTON POLLARD MASS REUNION PEP RALLY,STATED THE OLDEST CLASS THAT WAS IN ATTENDANCE WAS 1936, MENTIONED THE PRESS CONFERENCE THAT WAS HELD BY THE JULIE ROGERS GIFT OF LIFE PROGRAM AND THEIR NEW INITIATIVE FOR OVARIAN CANCER Public Comments (Persons are limited to three minutes) Rev. J. D. Roberts 5475 Landry Ln. Beaumont TX Spoke regarding phone calls received about Concord Rd., the street is falling apart, there are flooding issues and it's unsafe especially when it rains Ruby Franklin 5335 Bigner Rd. Beaumont TX Stated that this is her second plea with Council in regards to pit bulls at a home next door to her, stated that she has had her second knee surgery and she can't run, these dogs are loose at certain times, she has followed protocol that was given to her and it has not helped, asked for help once more Shirley Brown 3775 Waco St. Beaumont TX Spoke to Council in regards to the playground equipment at Liberia Park, stated that the equipment was removed, residents were told by Mayor Pro Tern Smith that the equipment would be replaced with brand new equipment, as of today there has been no new equipment, asked if the City intended to close the park Charles Kirkwood 2356 Briarcliff Dr. Beaumont TX Spoke to Council about his job, he washes cars for a living and the City is trying to stop him from doing so, stated he was issued a ticket, does not think it's right to issue him a ticket for trying to make a living Benny Mendoza 5655 S. Kenneth Beaumont TX Commented on his neighborhood in the Avenues, wanted to know if they could get some work done on College Street to make it look better, as well as other streets that are in poor condition Bruce Hoffer 2535 North St. Beaumont TX Commented on the streets in Old Towne, discussed the YMBL Youth Golf Tournament, announced on Monday, August 1, 2011, the youth will start soccer practice,also there will be a Youth Soccer Tournament the last week in August, there will be a one day referee clinic as well as coaching clinic for anyone interested in attending Open session of meeting recessed at 2:33 p.m. Minutes—July 26,2011 EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Yvonne Como v. City of Beaumont; Cause No. 09-10-00192-CV Claims of Joshua Connor, Arieal Thomas and Kayla Fowler * Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: Property located at 328 Bowie Street There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. h2141&A Becky Arno, Mayor Tina Broussard, City Clerk �h Minutes—July 26,2011