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Home My WebLink AboutMIN JUN 04 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 June 4,2013 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 June 4,2013, 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 6-7/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Janet Gilbert of St. James United Methodist Church 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, Councilmembers Getz, Pate and Samuel. Absent: Mayor Pro Tern Coleman, Councilmembers Wright and Smith; and Kyle Hayes, City Manager. Also present were Tyrone Cooper, City Attorney and Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled agenda items 6-7/Consent Agenda. None CONSENT AGENDA Approval of minutes - May 21, 2013 Confirmation of committee appointments - None A) Approve rescinding Resolution Number 13-069 and approve a new resolution authorizing the City Manager to enter into a contract with Spindletop Housing Corporation related to the use of HOME funds— Resolution 13 - 117 B) Approve a resolution authorizing the City Manager, or his designee, to enter into an agreement with the Rape and Suicide Crisis Center of Southeast Texas, Inc.—Resolution 13 - 118 Minutes—June 4,2013 C) Approve a resolution authorizing the City Manager, or his designee, to execute a Memorandum of Agreement between the Beaumont Police Department and ATF Task Force — Resolution 13 - 119 D) Approve a resolution approving a contract for the 2013 Summer Food Service Program Resolution 13 - 120 E) Approve a resolution amending an agreement for placement of additional fiber optic cable in the public right-of-way— Resolution 13 - 121 Councilmember Samuel made a motion to approve the Consent Agenda. Councilmember Pate seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider an ordinance approving a zone change from A-R(Agricultural-Residential)District to GC-MD-2(General Commercial-Multiple Family Dwelling-2) District for property located on the north side of the Folsom Extension, approximately 575' east of the northeast corner of N. Major Drive and Folsom Extension. Vick Nelson has applied for a zone change. Mr. Nelson would like a zone change from A-R District to GC-MD-2 District. The subject property is located on the north side of Folsom Drive, approximately 575' east of N. Major Drive. This zone change will allow for the property to be used as a general office or professional office complex or as a retail center. Because GC-MD-2 will require a specific use permit, City Council will have more control over uses that might be incompatible with adjacent residential zoning. The property is currently vacant. The other commercial properties to the east and north of the subject property are zoned GC-MD-2. This parcel, in connection with the parcel immediately east of the north/south DD#6 drainage right-of-way, is being considered for zone change at this time. At a Joint Public Hearing held May 20, 2013, the Planning Commission recommended 7:0:1 to approve the zone change for the property located on the north side of Folsom Drive, approximately 575' east of N. Major Drive from A-R District to GC-MD-2 District. Approval of ordinance. Councilmember Getz moved to ADOPT 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 A-R (AGRICULTURAL-RESIDENTIAL) DISTRICT TO GC-MD2 Minutes—June 4,2013 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT FOR PROPERTY LOCATED ON THE NORTH SIDE OF FOLSOM EXTENSION,APPROXIMATELY 575'EAST OF THE NORTHEAST CORNER OF N. MAJOR DRIVE AND FOLSOM EXTENSION, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Pate seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 13 - 029 2. Consider an ordinance approving a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located on the north side of the Folsom Extension, approximately 1,186'east of the northeast corner of N. Major Drive and Folsom Extension. Vick Nelson has applied for a zone change. Mr. Nelson would like a zone change from RM-H District to GC-MD-2 District. The subject property is located on the north side of Folsom Drive, approximately 1,186'east of N. Major Drive. This zone change will allow for the property to be used as a general office or professional office complex or as a retail center. Since GC-MD-2 will require a specific use permit, City Council will have more control over uses that might be incompatible with adjacent residential zoning. The property is currently vacant. The other commercial properties to the east and north of the subject property are zoned GC-MD-2. This parcel, in connection with the parcel immediately west of the north/south DD#6 drainage right-of-way, is being considered for a zone change at this time. At a Joint Public Hearing held May 20, 2013, the Planning Commission recommended 7:0:1 to approve the zone change for the property located on the north side of Folsom Drive, approximately 1,186'east of N. Major Drive from RM-H District to GC-MD-2 District. Approval of ordinance. Councilmember Getz made a motion to ADOPT 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 GC-MD2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED ON THE NORTH SIDE OF FOLSOM EXTENSION,APPROXIMATELY 1,186' EAST OF THE NORTHEAST CORNER OF N. MAJOR DRIVE AND FOLSOM EXTENSION, BEAUMONT,JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Samuel seconded the motion. Minutes—June 4,2013 AYES: MAYOR AMES, COUNCILMEMBERS GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 13 - 030 3. Consider an ordinance approving a zone change from RS (Residential Single Family Dwelling) District to NC (Neighborhood Commercial) District at 5415 Garner Road. Christina Ciampo has applied for a zone change. Ms. Ciampo is requesting a zone change from RS District to NC District. The subject property is located at the northwest corner of the intersection of Garner Road and Concord Road. This zone change will allow for the property to be used for commercial uses. The property is currently occupied by a single family residence. There are existing commercial uses in the area and the proposed zone change is in keeping with the zoning pattern to the west, south and southeast. At a Joint Public Hearing held May 20, 2013, the Planning Commission recommended 8:0 to approve the zone change for the property at 5415 Garner Road from RS District to NC (District). Approval of ordinance. COuncilmember Samuel made a motion to ADOPT 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 MAP OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 5415 GARNER ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Getz seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 13 - 031 4. Consider an ordinance approving a street name change from Jefferson Street to Magnolia Avenue. The Public Works Department has applied for a street name change. The Public Works Department is requesting to change the name of a section of Jefferson, from Laurel Street on the north to Bowie Street on the south, to Magnolia Avenue. Minutes—June 4,2013 Magnolia already extends to its intersection with Laurel Street, where the name then changes to Jefferson Street. The proposed name change would extend Magnolia Avenue to Bowie Street, from which point the road would then become Jefferson Street. For years, Magnolia has ended at Laurel Street. With the construction of the Great Lawn and the Events Centre, a through street connecting Magnolia to Jefferson was built. The request was sent to all interested parties. No negative responses were received. At a Joint Public Hearing held May 20, 2013, the Planning Commission recommended 8:0 to approve the street name change from Jefferson Street to Magnolia Avenue. Approval of ordinance. COuncilmember Samuel made a motion to ADOPT AN ORDINANCE CHANGING THE NAME OF JEFFERSON STREET TO MAGNOLIA AVENUE, BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 13 - 032 5. Consider amending the Zoning Ordinance,Article 28.04, Sec.28.04.003(c)(5)(E)and Sec. 28.004.008 (b)(7) to correct a typographical error and to clarify the providing of electrical power to an accessory structure. The Planning staff is proposing the amendments to the Zoning Ordinance to correct a typographical error and to clarify the providing of electrical power to an accessory structure. The proposed changes are as follows: Sec. 28.04.003 (c)(5)(E) (E) No more than sixty (60) square feet of- or fifty (50) percent of the maximum sign area, whichever is less, shall be dedicated to electrical changeable copy. Sec. 28.04.008 (b)(7) (7) Accessory buildings. An accessory building may be erected as an integral part of the principal building or erected detached from the principal building and it may be connected therewith by a breezeway or similar structure. An accessory building attached to the main building shall be made structurally a part and have a common wall with the principle building and shall comply in all respects with the requirements of this chapter applicable to the main building. When a property owner owns two adjacent lots and wishes to erect an accessory building on the lot that does not contain the main building, the accessory building must straddle the adjoining lot line. Minutes—June 4,2013 Any utility service to an accessory building shall be serviced from the main building. No separate utility meter will be allowed on an accessory building. At a Joint Public Hearing held May 20, 2013, the Planning Commission recommended 8:0 to approve the amendments to Section 28.04.003(c)(5)(E)and Section 28.04.008(b)(7)of the Zoning Ordinance. Approval of ordinance. Councilmember Getz made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28,ARTICLE 28.04,SUBSECTIONS 28.04.003(C)(5)(E)AND 28.04.008(B)(7) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO MAKE CORRECTIONS AND ADDITIONS; PROVIDING FOR THE LOCATION OF AND UTILITY SERVICE TO ACCESSORY BUILDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL;AND PROVIDING A PENALTY. Councilmember Pate seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 13 - 033 6. Consider a resolution authorizing the City Manager to approve a contract for the South Park Area Water and Sanitary Sewer Improvements Project. The proposed contract is with Allco, Ltd., of Beaumont in the amount of$1,407,669.35(bid tabulation attached). The project will rehabilitate approximately 1,402 linear feet of 6-inch, 90 linear feet of 8-inch, 932 linear feet of 10-inch, and 1,055 linear feet of 12-inch sanitary sewer lines, 60 linear feet of steel casing of various diameters, install a new manhole, remove and replace 19 (nineteen) existing manholes, and remove and replace 8 sanitary sewer services. The project will also rehabilitate approximately 7,672 linear feet of 6-inch, 5,069 linear feet of 8-inch, and 2,723 linear feet of 12-inch water line, 18 fire hydrant assemblies, 73 gate valves of various sizes, 72 short side services, 51 long side services, and related appurtenances. The MBE participation will be with All American Construction Supply and CJ Express, Inc., both of Beaumont. The total amount of the subcontracts is$388,281.00,which represents 27.58 percent of the total bid. The project will follow along the route of the upcoming South Park Drainage Project. The work will relocate or rehabilitate the existing water and sanitary sewer lines along Kenneth Avenue, Brockman Street, Reed Street, Grandberry Street, Adams Street, MLK Parkway, E. Lavaca Street, East Woodrow Street, Maddox Street, and East Virginia Street. The City's standard specifications require a general contractor to submit a responsive bid in which all of the requirements of the invitation to bid are fulfilled without exception or deviation. The apparent low bidder did not meet the minimum requirements in the Supplemental General Conditions. The contract requires that the Contractor perform not Minutes—June 4,2013 less than 50% of the work. The apparent low bidder planned to only perform up to 25% of the work, with their subcontractor handling the remaining 75%. The apparent 2nd lowest bidder has only been in business for two (2) years, and did not meet the minimum requirement of five(5)years experience. Therefore, the apparent low bid and apparent 2nd lowest bid have been rejected due to noncompliance with bid specifications. Neither of these two firms are Beaumont companies, where Allco, Ltd. is a local company. Administration recommended awarding the contract to the third lowest bidder, Allco, Ltd. who meets all bid specifications. Capital Program. Approval of the resolution. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER HEREBY APPROVES THE AWARD OF A CONTRACT TO ALLCO, LTD., OF BEAUMONT, TEXAS, IN THE AMOUNT OF $1,407,669.35 FOR THE SOUTH PARK AREA WATER AND SANITARY SEWER IMPROVEMENT PROJECT. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 13 — 122 7. Consider a resolution approving a change order to the contract with Brystar Contracting, Inc., related to the Cattail Marsh Constructed Wetland Rehabilitation Project. The City Council approved a contract with Brystar Contracting, Inc., on November 6, 2007, in the amount of $12,894,000.00. The contract was to address the major physical, chemical, and biological changes encountered at the wetlands since they were built in 1990. These changes prohibit the wetlands from meeting the design criteria and discharge limits set by the Texas Commission on Environmental Quality (TCEQ). The proposed change order in the amount of$114,942.50 will furnish all necessary labor, materials, and equipment to construct the structural frame for the installation of a new bar screen system. The purchase of the bar screen was approved by the City Council on May 14, 2013. The new screen will be installed prior to the discharge point at the constructed wetlands to protect the pumps and the plants from harmful high water levels. The installation of this screen will also satisfy a proposal to the TCEQ that is part of the Agreed Order that will expire in June 2013. The Water Utilities Department has negotiated and agreed upon a 4.5-year waiver with the TCEQ regarding discharge limits provided the City rehabilitates the wetlands. In January 2012 the TCEQ agreed to add an additional 1.5 years to the waiver. The waiver protects the City from fines that can be issued by the TCEQ as a penalty for permit limit excursions. Minutes—June 4,2013 The change order proposed by the City does not compromise the agreement with the TCEQ nor the integrity of the design. Previous actions include: Resolution 07-369 in the amount of $12,894,000.00 was passed by the City Council on November 6, 2007. Resolution 07-369 in the amount of ($3,212,387.72) was passed by City Council on November 6, 2007. Resolution 11-053 in the amount of$188,137.97 was passed by City Council on February 1, 2011. Resolution 11-127 in the amount of $40,353.00 was passed by City Council on April 12, 2011. Resolution 11-284 in the amount of$54,128.40 was passed by City Council on September 27, 2011. Resolution 12-048 in the amount of$92,160.00 was passed by City Council on March 20, 2012. Capital Program. Approval of the 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. 6 FOR ADDITIONAL WORK, THEREBY INCREASING THE CONTRACT AMOUNT BY$114,942.50 FOR A TOTAL CONTRACT AMOUNT OF $10,171,334.15. Councilmember Pate seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 13 — 123 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. COUNCILMEMBER,COMMENTS MAYOR PRO TEM COLEMAN - ABSENT COUNCILMEMBER GETZ- COMMENTED ON THE NEWLY FORMED DOWLEN/WEST NEIGHBORHOOD ASSOCIATION,THEY WILL BE HOSTING A4T" OF JULY PICNIC, THE PICNIC IS STILL IN THE PLANNING STAGE, WILL BRING MORE INFORMATION NEXT WEEK,ALSO MENTIONED THE CITY BEING THE HOST OF THE ANNUAL LABOR DAY TENNIS TOURNAMENT, STATED THAT NEXT MONTH THERE WILL BE A NEW TENNIS TOURNAMENT WHICH WILL BE THE ANDY RODDICK TENNIS TOURNAMENT THAT WILL TAKE PLACE AT THE MUNICIPAL TENNIS COURT ON Minutes—June 4,2013 COLLEGE ST., ENCOURAGED ALL TENNIS PLAYERS TO SIGN UP FOR THE TOURNAMENT, MORE INFORMATION MAY BE FOUND ON THE USTA WEB SITE COUNCILMEMBER WRIGHT- ABSENT COUNCILMEMBER PATE- COMMENTED ON THE MEMORIAL DAY SERVICE AT FOREST LAWN ON MONDAY, CONGRESSMAN RANDY WEBER WAS THE SPEAKER, MENTIONED THE 36TH ANNUAL BABE ZAHARIAS TENNIS TOURNAMENT,THANKED WADE PHILLIPS FOR ATTENDING AND PLAYING IN THE TOURNAMENT COUNCILMEMBER SAMUEL- CONGRATULATED LINDSEY STEPHENS WITH THE UNIVERSITY OF TEXAS ON HITTING HER VERY FIRST HOME RUN ON THE FIRST PITCH IN THE WORLD SERIES,"ANOTHER GREAT DAY IN BEAUMONT" COUNCILMEMBER SMITH- ABSENT CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES- ABSENT MAYOR AMES- CONGRATULATED 8TH GRADER, SONALI SINGH, WHO IS A STUDENT AT MARSHALL MIDDLE SCHOOL, SHE WON THE CEREAL BOX DESIGN SPONSORED BY HEB, SONALI RECEIVED A YEAR'S SUPPLY OF HEB TOASTED OATS, AS WELL AS HER DESIGN ON THE BOX OF CEREAL FOR A YEAR AND $5,000.00 FOR THE SCHOOLS ART DEPARTMENT, COMMENTED ON THE BEAUMONT POLICE DEPARTMENT HOSTING A MOTORCYCLE CONTEST, THERE WERE MOTORCYCLE RIDERS AND PEACE OFFICES FROM ALL OVER THE STATE THAT PARTICIPATED IN THE EVENT, ALSO MENTIONED THE 100 CLUB DINNER ON FRIDAY NIGHT AT FORD PARK,VERY WELL ATTENDED Public Comments (Persons are limited to three minutes) Henry C. Pressler 9990 Bayou Rd. Beaumont TX Complained about a piece of property that he owns at 1801 North St., in regards to his water meter that was removed from the property by the water department, he now has a new tenant that wants to have the water turned on at the property, stated that the water department informed him it would cost him $850.00 to install a meter on the property, wanted to know if there was some other alternative in regards to this issue Addie Allen 9695 Gross Beaumont TX Commented on the sidewalks in the Amelia area, there are sidewalks but they are very unstable, asked that the City take a look at the sidewalks and see if they can be leveled, Minutes—June 4,2013 this is an issue when it rains, also stated that in previous years there used to be signs that stated the condition of the drinking water within the City, requested that those signs be placed within the City once again so that citizens may know the condition of their drinking water Open session of meeting recessed at 2:05 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of William Jordon There being no action taken in Executive Session, Council adjourned. dio vaila We upon request in the City Clerk's Office. Becky a or po AM CL 011 Tina Broussard, City Clerk �1+111 Minutes—June 4,2013