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Home My WebLink AboutMIN JAN 15 2013 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr.,At-Large BECKY AMES, MAYOR Gethrel Wright,At-Large Dr.Alan B. Coleman, Mayor Pro Tern CITY COUNCIL MEETING Michael D.Getz,Ward II Audwin Samuel,Ward III January 15, 2013 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 January 15, 2013, 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 and 4/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Anjelita Dirden of Wesley Student Center, Lamar University 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 Coleman, Councilmembers Getz, Wright, Pate, Samuel and Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions Presentation of City of Beaumont Employee Service Awards: Joyce Tanner Code Enforcement 25 Years George Newsome Water Utilities 25 Years Barbara Otto Executive Office 25 Years Lois Balka Planning 30 Years Gordon Bracker Police 30 Years Louis Matthews, Jr. Police 30 Years Gayle Russell Water Customer Service 35 Years Scott Rush Fire 35 Years Minutes—January 15,2013 Yolanda Duriso Public Works 35 Years Lloyd Sikes Fire 40 Years Public Comment: Persons may speak on scheduled agenda items 3 and 4 /Consent Agenda. Cheryl Guidry 3820 Eloise St. Beaumont TX Spoke in regards to Items 3 & 4 on the Consent Agenda regarding the Jehovah Jireh Village CDC Dr. Julio Morales 5715 Pickwick Ln. Beaumont TX Spoke in regards to Items 3 & 4 on the Consent Agenda regarding the Jehovah Jireh Village CDC Don Dodd 1635 Weston Court Beaumont TX Spoke in regards to Items 3 & 4 on the Consent Agenda regarding the Jehovah Jireh Village CDC CONSENT AGENDA Approval of minutes - Confirmation of committee appointments-Resolution 13—012 and Resolution 13 -013 Jef Russell, III would fill the unexpired term of Ethelyn Jenkins, Jefferson County Historical Commission, on the Historic Landmark Commission. The term would commence on January 15, 2013 and expire January 14, 2014. (Mayor Becky Ames) Sherry Ulmer, Health Director, would be reappointed to the Animal Health Advisory Committee. The current term would expire November 15, 2014. (Mayor Becky Ames) Dr. John Falgout, City Veterinarian, would be reappointed to the Animal Health Advisory Committee. The current term would expire December 13, 2014. (Mayor Becky Ames) Matthew Fortenberry, Animal Control Supervisor, would be reappointed to the Animal Health Advisory Committee. The current term would expire November 15, 2014. (Mayor Becky Ames) John Johnson would be reappointed to the Small Business Revolving Loan Fund Board. The current term would expire June 22, 2014. (Councilmember W. L. Pate, Jr.) Councilmember Smith made a motion to approve the Consent Agenda. Councilmember Samuel seconded the motion. Minutes—January 15,2013 AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. GENERAL BUSINESS 1. Consider approving amendments to Chapter 28 of the Code of Ordinances related to fencing and review procedures within a historic district; the storing of mobile food units in residential districts and the prohibition of using 18 wheeler trailers for storage in certain districts. The Historic Landmark Commission requested that staff consider making changes to the fencing requirements within the historic district regulations after a sheet metal fence was constructed in the Oaks Historic District. In addition, the Historic Landmark Commission considered re-inserting portions of the review procedures for certificates of appropriateness after those portions had inadvertently been left out during a previous amendment. The Historic Landmark Commission approved the following changes on December 10, 2012. Staff also is recommending changes to the Zoning Ordinance that deal with recent issues that staff has dealt with. One change deals with the prohibition of storing mobile food units in residential districts. The second change deals with the prohibition of using eighteen (18) wheeler trailers for storage in all districts but LI and HI. Approval of ordinance. Councilmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SECTIONS 28.03.018(G)(3)(F), 28.03.18(H), 28.03.23(E), 28.04.008(B) OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,TO MAKE CHANGES AND ADDITIONS;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 13 - 003 2. Consider approving amendments to Chapter 28 of the Code of Ordinances related to different child care and family home facilities. Minutes—January 15,2013 The City of Beaumont Planning Division is proposing amendments to the Zoning Ordinance. Planning staff is recommending amendments to the Zoning Ordinance that would delete the current definition of a child care center, amend the definition of a home occupation as it relates to child care, add the definitions of a listed family home, a registered child care home, a licensed child care home and a licensed child care center and specify in the permitted use table which districts registered and licensed home based child care facilities will be permitted with a specific use permit and which districts child care centers will be permitted by right or with a specific use permit. These amendments will make the City of Beaumont Zoning Ordinance conform to the State of Texas definitions. Amending the Zoning Ordinance will cut down on the confusion that currently exist between the City's zoning regulations and the States regulations. COuncilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28,SECTIONS 28.01.004(B)AND 28.03.023(E)OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO MAKE CHANGES AND ADDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 13 - 004 3. Consider a resolution approving the reallocation of funds from the 2008 and 2009 Community Development Block Grant Program Years to a new Public Services line item for Jehovah Jireh Village CDC, Inc. in the 2011 Program Year. As a result of flooding caused by Hurricane Ike, approximately twenty-five (25) houses were flooded between Pine Street and the Neches River. In an effort to provide relief to this area of repeated flooding, the City applied for and received a grant to offer a voluntary buyout of these properties. To provide for the local match for the grant, Community Development Block (CDBG) funds were budgeted for the local match for all of these houses. In the end, only twelve owners accepted the buyout and the program has come to a close. With a balance remaining, these funds are now available for reallocation to other eligible activities. Recently, a request from Jehovah Jireh was made for funding assistance to allow for the continuing operation of the community center at the L.L. Melton facility located at 3455 Sarah Street. Jehovah Jireh began offering community center services following the withdrawal of the YMCA in 2010. A reallocation of $21,711 from 2008 CDBG Program Year and $6,546 from the 2009 Program Year to a new Public Services line item in the Minutes—January 15,2013 2011 Program Year would allow for the reimbursement of utility expenses associated with the community center. Community Development Block Grant. Approval of the resolution. Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO REALLOCATE $21,711 FROM THE 2008 COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)PROGRAM YEAR AND$6,546 FROM THE 2009 CDBG PROGRAM YEAR TO THE PUBLIC SERVICES LINE ITEM IN THE 2011 PROGRAM YEAR FOR JEHOVAH JIREH VILLAGE CDC,INC. FOR OPERATION EXPENSES FOR THE L.L.MELTON FAMILY LIFE CENTER. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS WRIGHT, PATE, SAMUEL AND SMITH NAYS: MAYOR PRO TEM COLEMAN AND COUNCILMEMBER GETZ MOTION PASSED Resolution 13 - 014 4. Consider a resolution authorizing the City Manager to execute a new lease agreement with Jehovah Jireh Village CDC, Inc. for use of the L.L. Melton facility located at 3455 Sarah Street. At the Work Session on January 8, City Council discussed a request from Jehovah Jireh for financial assistance to help offset utility expenses at the L.L. Melton Family Life Center as a means of continuing the programs there. As a result of that discussion, the Administration is recommending that $28,257 of unencumbered Community Development Block Grant funds be reprogrammed for that purpose and that a new lease agreement be executed. The new agreement would end December 31, 2013; provide that the City reimburse payments made for utility expenses up to $2,500 per month, not to exceed $28,257; and make the City responsible for all water and sewer charges. Other provisions of the current agreement will remain unchanged. Approval of the resolution. Councilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A LEASE AGREEMENT WITH JEHOVAH JIREH VILLAGE CDC,INC.(LESSEE), FOR A TOTAL RENT AMOUNT OF$1,500 FOR PROPERTY LOCATED AT 3455 SARAH STREET, BEAUMONT, TEXAS, WITH A PROVISION FOR UTILITY EXPENSE REIMBURSEMENT OF UP TO$2,500 PER MONTH, NOT TO EXCEED$28,257 FOR THE TERM OF THE LEASE. Councilmember Smith seconded the motion. Minutes—January 15,2013 AYES: MAYOR AMES, COUNCILMEMBERS WRIGHT, PATE, SAMUEL AND SMITH NAYS: MAYOR PRO TEM COLEMAN AND COUNCILMEMBER GETZ MOTION PASSED Resolution 13 - 015 WORK SESSIONS * Receive a report from Mayor Pro Tem Alan Coleman related to a National League of Cities (NLC) project titled "Let's Move! Cities, Towns and Counties"dedicated to reversing the childhood obesity epidemic Mayor Pro Tern Alan Coleman discussed the NLC project titled "Let's Move! Cities, Towns and Counties". This project deals with the risk of obesity that starts early in life among children and adults. There was discussion of the large number of children that are diagnosed with Type 2 diabetes; accounting for almost 50% of new diabetes cases in some communities. Based on current trends, 52 percent of the U.S. adult population could have pre-diabetes or diabetes by 2020 - up from an estimated 40 percent today. As a result, it is projected that over the next decade the nation may spend almost $3.4 trillion on diabetes- related care. As part of the Let's Move! Effort, President Barack Obama established the first- ever Task Force on Childhood Obesity to develop and implement an inter-agency plan that details a coordinated strategy, identifies key benchmarks, and outlines an action plan to end the problem of childhood obesity within a generation. * Review and discuss the Consolidation of Polling Locations and Precincts for the May 11, 2013 Election Tina Broussard, City Clerk reviewed and discussed the consolidation of polling locations and precincts for the May 11, 2013 election. The approval and consolidation process was discussed as well as the current and proposed locations and the locations and precincts that would be affected. A cost analysis before and after showed that the cost of payroll on election day with 35 polling locations cost the City$30,240.00 and the cost of payroll with the 27 polling locations would cost the City $24,003.00 showing a cost savings of$7,112.00. * Review and discuss various recycling and citywide trash pick-up efforts Dr. Hani Tohme, Water Utilities Director discussed the recycling and trash pickup program that will be administered by the Water Utilities Department. Dr. Tohme discussed the recycling history, the results of the program and the effective recycling methodologies. The future plans of recycling were also discussed which included bulk recycling, the pilot program and the six(6)week duration time which detailed the total cost and the cost breakdown. The future goal of this program is to pick up over 3,640 miles of streets per year, design the trash pickup such that the major streets will be picked up once a week at a minimum and the neighborhood streets will be picked up once a month at a minimum. Minutes—January 15,2013 COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - THANKED DR. COLEMAN, CITY CLERK, TINA BROUSSARD AND DR. TOHME FOR THEIR PRESENTATIONS,ANNOUNCED THE MLK PARADE THAT WILL TAKE PLACE AT 9:00 A.M. SATURDAY, JANUARY 19, 2013 COUNCILMEMBER SAMUEL- THANKED STAFF AND CITY EMPLOYEES FOR ALL THAT THEY DO,ALSO LAST WEEK WAS THE 99TH YEAR THAT PHI BETA SIGMA FRATERNITY HAS SERVED THE COMMUNITY, DELTA SIGMA THETA HAS SERVED 100 YEARS AND TODAY IS THE FOUNDERS DAY OF ZETA PHI BETA SERVING THE COMMUNITY FOR 99 YEARS, WISHED ALL OF THE SORORITY'S AND FRATERNITY'S A HAPPY FOUNDERS DAY COUNCILMEMBER PATE - EXTENDED APPRECIATION TO STAFF FOR BRINGING THE WORKSESSIONS, PARTICULARLY BECAUSE IT IS SO IMPORTANT FOR THE CITIZENS TO KNOW WHAT'S GOING ON IN THE CITY, ENCOURAGED ALL CITIZENS TO GO TO THE CITY'S WEB SITE AND ADOPT A DOG OR CAT THROUGH THE CITY'S ANIMAL CONTROL DEPARTMENT, ALSO SPOKE ABOUT BEING A PART OF THE WATER UTILITIES PROGRAM AT ROGERS PARK COUNCILMEMBER WRIGHT- THANKED TINA, DR. COLEMAN AND DR. TOHME FOR THEIR PRESENTATIONS,ASKED THAT STACY LEWIS GET WITH DR.COLEMAN AND KEEP THOSE ACTIVE PROGRAMS GOING BECAUSE THEY DO A WONDERFUL JOB WITH THE PROGRAMING OF THE PARKS COUNCILMEMBER GETZ- CONGRATULATED ALL OF THE EMPLOYEES THAT RECEIVED SERVICE AWARDS,ALSO DR.TOHME FOR HIS PRESENTATION, LOOKS FORWARD TO THE PROJECT OF RECYCLING KICKING OFF,HAD AN OPPORTUNITY TO VISIT WITH ABOUT 60 CITIZENS THAT ATTENDED A FORUM LAST NIGHT AT ROGERS PARK MAYOR PRO TEM COLEMAN - NONE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR AMES - NONE Minutes—January 15,2013 Public Comments (Persons are limited to three minutes) None Open session of meeting recessed at 3:06 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Jay Brocato, et al vs. City of Beaumont, Texas; Cause No. D-183,620 Melvin Lee Price v. City of Beaumont, Texas; Cause No. A-191,618 There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. ,�h� Be ky A 0 , Mayor rn j1d Tina Broussard, City Clerk Minutes—January 15,2013