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Home My WebLink AboutMIN FEB 26 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 11 Audwin Samuel,Ward III February 26, 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 February 26,2013, 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 4-6/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. Cooper Slott, son of Ryan Slott, Parks and Recreation Director for the City of Beaumont 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 and Samuel. Absent: Councilmember Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Councilmember Smith was absent due to surgery. Proclamations, Presentations, Recognitions Presentation - Fire Chief Anne Huff along with Mr. Williams, Fire Marshal from Austin, Texas presented Council with a plaque on the City of Beaumont ISO Rating "Lagniappe Film and Music Festival Days"—February 28,2013 through March 3,2013- Proclamation read by Mayor Pro Tern Coleman; accepted by Thomas Hall, Organizer of the event "50th Anniversary of the Better Business Bureau of Southeast Texas— February 26, 2013 — Proclamation read by Councilmember Samuel; accepted by John Paschall, President and CEO, along with other staff from the Bureau "Jimmy and Susan Simmons Day" — February 26, 2013 - Proclamation read by Mayor Ames; accepted by Dr. and Mrs. Simmons, along with Lamar University Ambassadors Minutes—February 26,2013 I Public Comment: Persons may speak on scheduled agenda items 4-6/Consent Agenda. None CONSENT AGENDA Approval of minutes - February 19, 2013 Confirmation of committee appointments - Resolution 13 - 049 Lauren Williams-Mason would be appointed to the Library Commission. The term would commence February 26, 2013 and expire February 25, 2015. (Councilmember W. L. Pate, Jr.) A) Approve a resolution authorizing the award of a primary contract for the publication of legal notices to The Examiner and the secondary contract to the Beaumont Enterprise- Resolution 13 - 050 B) Approve a resolution authorizing the acceptance of two ten foot wide Exclusive Sanitary Sewer Easements located at 3740 IH-10 South — Resolution 13 - 051 C) Approve a resolution authorizing the acceptance of a ten foot wide Exclusive Water Line Easement located at 5780 Walden Road — Resolution 13 - 052 D) Approve a resolution authorizing the City Manager to execute all documents necessary for an agreement between the Southeast Texas Regional Advisory Council and Beaumont Fire-Rescue Services— Resolution 13 - 053 E) Approve a resolution accepting a payment to settle weed and litter liens associated with property located at 1885 Verone Street— Resolution 13 - 054 Councilmember Pate made a motion to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider an ordinance renaming that portion of University Drive, between E. Cardinal Drive and E. Lavaca Street, to Jimmy Simmons Boulevard. Minutes—February 26,2013 The City of Beaumont has made a request to rename that portion of University Drive, between E. Cardinal Drive and E. Lavaca Street, to Jimmy Simmons Boulevard. The purpose of this renaming is to honor the accomplishments of Dr. Simmons during his tenure as president of Lamar University. Dr. Jimmy Simmons, after serving over thirteen years as Lamar University president, will resign his position. During Dr. Simmons presidency, Lamar has seen tremendous growth. From the 1999 spring semester when he was first selected as president to the fall semester of 2012, the school has seen an increase in student enrollment from 7,810 to 14,675. During his tenure as president, Simmons implemented a master plan to enhance the campus through landscaping and buildings, most notably the five Cardinal Village residence halls, the new dining hall and the Sheila Umphrey Recreational Sports Center. Renovations and expansions of several major academic buildings have been completed, are under way or are in planning. Lamar has also enhanced its athletic facilities with shining examples being the Provost Umphrey Stadium and the Dauphin Athletic Complex. Vincent-Beck Stadium and McDonald Gym have also seen major upgrades and the LU Soccer Complex opened in 2009. Under Simmons, Lamar University began the public phase of its first comprehensive campaign to raise money for endowments for four named academic departments, gifts to support revival of the Cardinal's football tradition, establishment of a major student fellowship program and scholarship and faculty enhancement funds. While Simmons has been president, Lamar has made significant strides in academics,with the addition of new master's and doctoral programs. Recognizing that online programs are vital to the university's future, Simmons has continually sought growth in that area. Today, more than thirty percent of Lamar's credit hours are generated through online courses. The school is the first in Texas to have an entirely online doctoral program. By working closely with area chambers of commerce, local government and business and industry leaders, Simmons helped make Lamar a much stronger catalyst for economic growth in the region. Simmons is also a leader in community service, having garnered dozens of awards and accolades. Dr. Simmons is known as an administrator with a strong sense of direction and a keen ability to attract and cultivate talented faculty. His innovative approaches to the pursuit of academic excellence and his winning rapport with students, faculty, staff and the community are defining qualities. After spending some time with family, Simmons plans to return to the faculty of the Mary Morgan Moore Department of Music. Minutes—February 26,2013 At a Joint Public Hearing held February 18,2013,the Planning Commission recommended approval 6:0 of the street name change. Approval of ordinance. Mayor Ames moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE RENAMING A PORTION OF UNIVERSITY DRIVE, BETWEEN E. CARDINAL DRIVE AND E. LAVACA STREET TO "JIMMY SIMMONS BOULEVARD"; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 13 — 010 2. Consider an ordinance approving a specific use permit to allow the sale, storage installation and servicing of generators in a GC-MD (General Commercial-Multiple Family Dwelling) District at 1412 Ashley. Kent Burch, representing Gulf Coast Generators, has applied for a specific use permit. Mr. Burch states that the primary use of the building will be for receiving, staging and prepping the generators before the delivery to the final site location. The subject property will be used for the storage of work trucks, trailers and other equipment used in the installation and servicing of standby generator equipment. Front office space will be used to meet with the occasional client to talk about his or her generator needs. Any repairs to the generators that require the use of fluids such as oils, filters, antifreeze, etc. will be brought back to the company's location, stored in proper containers and then disposed of on a regular basis by a local recycling company. Mr. Burch estimates that 95% of the company's work will be performed at the standby generator site location. At a Joint Public Hearing held February 18, 2013,the Planning Commission recommended approval 6:0 of the specific use permit. Approval of ordinance. Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE SALE,STORAGE,INSTALLATION AND SERVICING OF GENERATORS IN A GC-MD(GENERAL COMMERICAL-MULTIPLE FAMILY DWELLING)DISTRICT AT 1412 ASHLEY AVENUE IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Pate seconded the motion. Minutes—February 26,2013 AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 13 - 011 3. Consider amending Section 28.03.023(e)of the Zoning Ordinance, Permitted Use Table,to allow tutoring in an RM-H (Residential Multiple Family Dwelling-Highest Density) District with a specific use permit. A property owner recently spoke with staff about moving her tutoring business into an office building that she owns at 1450 Wellington Circle. At that time, she was told that tutoring is not permitted in the RM-H (Residential Multiple Family Dwelling-Highest Density) District either by right or with a specific use permit. In July, 1984,the subject property was zoned RM-H and a specific use permit was granted to allow professional offices on Lots 1-5 and Lots 20-22, Dowlen Plaza. In September, 1987, the existing specific use permit was expanded to allow additional commercial uses, including some personal services, some amusement and recreation services, some health services, some social services, museums, some membership organizations and some services not elsewhere classified. However,educational services(SIC 822,824,829)were not included. In order to allow tutoring services, the Planning Manager told the property owner that the property would either have to be rezoned to a commercial zoning or the Zoning Ordinance could be amended to allow tutoring with a specific use permit in the RM-H District. The Planning Manager feels that tutoring services would not detract from any of the other uses permitted with a specific use permit on the aforementioned lots. In addition, the Planning Manager feels that amending the Permitted Use Table to allow tutoring services would be much less objectionable to surrounding property owners than rezoning the commercial properties to a commercial district that would allow tutoring by right. Therefore, the Planning Manager recommended the following: At a Joint Public Hearing held February 18, 2013, the Planning Commission recommended approval 6:0 of the amendment. Approval of ordinance. Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SECTION 28.03.23(E) PERMITTED USE TABLE OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, ADDING TUTORING AS A SIC PRIMARY USE; PROVIDING FOR Minutes—February 26,2013 SEVERABILITY; PROVIDING FOR REPEAL;AND PROVIDING A PENATLY. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 13 - 012 4. Consider a resolution authorizing the City Manager to apply to the Texas Department of Housing and Community Affairs for Emergency Solutions Grant Funds. Given the extent of homelessness within our community, we are recommending that an application be made to the Texas Department of Housing and Community Affairs for up to $285,000 in Emergency Solutions Grant funds. As the lead agency under the application, the City would accept applications from various local providers to act as sub-recipients of the program, providing services directly to the homeless. This competitive process would be similar to the Homeless Prevention and Rapid Rehousing(HPRP)Program that the City administered over the last two years. If awarded, a call for applications will be made and submitted to the Community Development Advisory Committee for consideration and recommendation to City Council for final award. U.S. Department of Housing and Urban Development (HUD), administered through the Texas Department of Housing and Community Affairs (TDHCA). Approval of the resolution. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPLY FOR AND RECEIVE FUNDING IN AN AMOUNT UP TO $285,000 IN EMERGENCY SOLUTIONS GRANT(ESG)FUNDING THROUGH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (TDHCA) TO PROVIDE SERVICES FOR THE HOMELESS. Mayor Pro Tern Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 13 - 055 Minutes—February 26,2013 5. Consider a resolution approving a change order to the contract with Bruce's General Construction, Inc. related to the Surface Restoration Due To Utility Cuts Rehabilitation Project, approving the final payment and accepting the Project. On July 24, 2012, City Council awarded Bruce's General Construction, Inc.the contract for the Surface Restoration Due To Utility Cuts Rehabilitation Project in the amount of $349,360.00. To date, there has been one change order approved resulting in an increase of$37,928.15. Change Order No. 2 decreases the contract amount($9,465.28)and is necessary to adjust the quantities actually used during the performance of the project. The Project has been inspected and completed in accordance with the Terms and Conditions set out in the contract documents and we recommend final payment to Bruce's General Construction, Inc. in the amount of$25,578.64. Capital Program. Approval of resolution. Councilmember Getz made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 2 TO ADJUST QUANTITIES ACTUALLY USED DURING THE PERFORMANCE OF THE PROJECT, THEREBY DECREASING THE CONTRACT AMOUNT BY (49,465.28) FOR A TOTAL CONTRACT AMOUNT OF $377,822.87. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 13 - 056 6. Consider an ordinance authorizing the participation of the City of Beaumont with other Entergy Texas service area cities in matters concerning Entergy at the Public Utility Commission of Texas and the Federal Energy Regulatory Commission in 2013. Administration recommends approval of an ordinance authorizing the participation of the City of Beaumont with other Entergy Texas service area cities in matters concerning Entergy at the Public Utility Commission of Texas and the Federal Energy Regulatory Commission in 2013. The City of Beaumont is statutorily given the responsibility of exclusive original jurisdiction over the rates, operation and services of Entergy Texas, Inc. (ETI),which provides electric utility services in the City of Beaumont. To ensure that ETI is providing fair, just and Minutes—February 26,2013 reasonable rates and efficient services to the area, the City of Beaumont continually assesses the ongoing efforts of ETI in the services it provides to the citizens of Beaumont. This is accomplished primarily through the combined efforts of the other cities in the Entergy service area with similar jurisdictional responsibilities. It is anticipated that ETI will initiate various proceedings before the cities within its service area, the Public Utility Commission of Texas or before the Federal Energy Regulatory Commission in the year 2013. Efforts have already been initiated by ETI to integrate with the Midwest Independent System Operator (MISO) and divest its transmission system through a transaction with ITC Holdings, Corp. Additionally, the filing of fuel factor proceedings at the PUC and proceeding to determine the proper Texas allocation of rough production costs equalization payments are anticipated in the upcoming year. These matters all warrant the attention of the cities in the ETI service area and participation in the proceedings that may come before the PUC and the Federal Energy Regulatory Commission as a result. The proposed ordinance is one that is periodically brought before the Council seeking continued authority to participate as a member in the Steering Committee of cities within the ETI service area in the rate,fuel, fuel related and various other operation and services matters that are anticipated. The ordinance also authorizes the hiring of the consultants and lawyers through the Steering Committee to facilitate the efforts of the ETI service area cities. The reasonable expenses associated with rate related matters are reimbursable by the company. Councilmember Samuel made a motion to ADOPT AN ORDINANCE OF THE CITY COUNCIL OF BEAUMONT,TEXAS,AUTHORIZING PARTCIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY TEXAS,INC.AT THE PUBLIC UTILITY COMMISSION OF TEXAS AND THE FEDERAL ENERGY REGULATORY COMMISSION IN 2013. Mayor Pro Tern Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 13 - 013 PUBLIC HEARING * Dangerous Structures Public Hearing Open - 2:12 p.m. Minutes—February 26,2013 Public Comments were made by the following citizens who personally appeared and requested additional arrangements for their property. Herman & Madonna Johnson 3120 Bolivar Beaumont TX Item #5 3120 Bolivar Jeanette Rideau 2305 Euclid Beaumont TX Item #11 2004 College (Commercial) Dejoie Placide 3035 Concord Beaumont TX Item #12 3530 Concord (Commercial) Ronald Mitchell 310 East Gill Beaumont TX Item #18 310 E. Gill & Auxiliary Buildings Kenneth D. Furlow P.O. Box 20437 Beaumont TX Item #33 1323 Magnolia (Commercial) Terry Johnson 608 Palm Beaumont TX Item #36 608 Palm Public Hearing Closed - 2:26 p.m. 7. Consider an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program. These structures have been inspected by the Building Codes Division and found to be unsafe structures as defined by the City of Beaumont's Code of Ordinances, Chapter 24, Article 24.04 Unsafe Substandard Structures, Division 1, Sec. 14.04.001 of the 2009 International Property Maintenance Code.Additionally,these structures have deteriorated to a condition that they are no longer considered suitable for repair. City may incur the cost of demolition. Sources may include General funds and Community Development Block Grant (CDBG) funding. Approval of the ordinance. Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AS WELL AS TO ALLOW PROPERTY OWNERS OF ITEMS#5, 11, 12,33, 18&36,TO ENTER INTO A 150 DAY WORK PROGRAM ON THE DANGEROUS STRUCTURES LIST,ITEM#38 WAS REMOVED FROM THE LIST; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Councilmember Pate seconded the motion. Minutes—February 26,2013 AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 13 — 014 COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH- ABSENT COUNCILMEMBER SAMUEL- CONGRATULATED DR.SIMMONS FOR ALL THAT HE HAS DONE FOR LAMAR UNIVERSITY AS WELL AS THE CITY OF BEAUMONT,ALSO COMMENTED ON THE FIRE DEPARTMENT AND THE CITY WORKERS FOR THE HARD WORK TO RECEIVE THE ISO RATING THAT THE CITY RECEIVED COUNCILMEMBER PATE- COMMENTED ON QUOTA INTERNATIONAL AND THE HONOR TO THE MAYOR ON THURSDAY NIGHT, GREAT EVENT AND WELL ATTENDED,COMPLIMENTED THE BETTER BUSINESS BUREAU AND THE GREAT JOB THEY DO,ALSO THANKED DR.SIMMONS AND HIS WIFE SUSAN ON THE GREAT JOB THEY HAVE DONE IN THE COMMUNITY AND FOR LAMAR UNIVERSITY COUNCILMEMBER WRIGHT- CONGRATULATED DR. SIMMONS AND THE BETTER BUSINESS BUREAU, COMPLIMENTED THE BEAUMONT PROFESSIONAL FIRE FIGHTERS AND GALEN KEY WHO IS THE PRESIDENT,THEY WORKED REALLY HARD ALONG WITH STAFF TO MAKE THE COMMUNITY SAFE AND TO GET THE GREAT ISO RATING COUNCILMEMBER GETZ- STATED THAT HE CONCURS WITH WHAT ALL THE COUNCILMEMBERS BEFORE HIM STATED MAYOR PRO TEM COLEMAN- THANKED DR. SIMMONS AND ALL THE WORK THAT HE HAS DONE FOR LAMAR UNIVERSITY, CONGRATULATED COOPER SLOTT ON A GREAT JOB AND COMPLIMENTED HIS PARENTS FOR TEACHING HIM TO GO OUT AND RAISE MONEY TO HELP OTHERS, ALSO REMINDED CITIZENS TO BE SURE AND CALL THEIR INSURANCE COMPANY CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES- NONE MAYOR AMES- NONE Minutes—February 26,2013 Public Comments (Persons are limited to three minutes) Jonathan Cassidy 1475 IH-10 Beaumont TX Spoke regarding a felony conviction that he received 35 years ago, also informed Council that he gave them the wrong name of the deceased person that he spoke of in his report There being no other business to come before Council, the meeting adjourned at 2:37 p.m. io available upon request in the City Clerk's Office. t ky A es, r �t ma Broussard, City Clerk l�l Minutes—February 26,2013