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HomeMy WebLinkAboutMIN JUN 25 2013 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr.,At-Large BECKY AMES, MAYOR Gethrel Wright, Mayor Pro Tern Dr.Alan B.Coleman,Ward I CITY COUNCIL MEETING Michael D.Getz,Ward II Audwin Samuel,Ward III June 25,2013 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 25, 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 4-7/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor G.W. Bryant of Pilgrim Rest Baptist 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, Mayor Pro Tern Wright, Councilmembers Coleman, Getz, Pate, Samuel (arrived at 1:31 p.m.) and Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled agenda items 4-7/Consent Agenda. Hani Tohme, Director of Water Utilities recognized Barry Miller for receiving "Operator of the Year"by the Texas Water Utilities Association presented at the 56th Annual Southeast Regional School held at the Holiday Inn in Beaumont the week of April 22, 2013. Barry is Superintendent with the Water Utilities Department, Water Treatment Plant CONSENT AGENDA Approval of minutes - June 18, 2013 Confirmation of committee appointments — Resolution 13 - 130 Jef Russell would be reappointed to the Convention and Tourism Advisory Board. The current term would expire April 4, 2015. (Councilmember W.L. Pate, Jr.) Norris Turner would be reappointed to the Historic Landmark Commission. The current term would expire June 18, 2015. (Councilmember Jamie D. Smith) Minutes—June 25,2013 Georgine Guillory would be reappointed to the Small Business Revolving Loan Fund Board. The current term would expire June 11, 2015. (Councilmember Jamie D. Smith) Pastor Dwight Benoit would be reappointed to the Police Department Community Advisory Committee. The current term would expire January 10, 2015. (Mayor Becky Ames) A) Approve a resolution authorizing the City Manager to execute a deed conveying a single family home located at 405 Jeanette Street to Legacy Community Development Corporation — Resolution 13 - 131 B) Approve a resolution authorizing the City Manager to file an After the Fact Permit and Tolling Agreement for the Department of the Army, Galveston District, Corps of Engineers — Resolution 13 - 132 C) Approve a resolution authorizing the acceptance of a ten foot wide Exclusive Water Line Easement located at 7925 North Major Drive — Resolution 13 - 133 D) Approve a resolution authorizing the City Manager to execute letters of understanding with Hertz Equipment Rental of Deer Park and United Rentals of Beaumont to provide emergency generators for the City of Beaumont during a declared disaster—Resolution 13 - 134 E) Approve a resolution approving a contract for Towing Services-Impounding of Uninsured Vehicles to TNT Towing of Beaumont— Resolution 13 - 135 F) Approve a resolution accepting grant funding through the Department of Homeland Assistance to Firefighter Grant Program — Resolution 13 - 136 Councilmember Coleman made a motion to approve the Consent Agenda. Mayor Pro Tern Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider an ordinance approving a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District for property located at the northwest corner of East Lucas Drive and Fort Drive. James K. Farrelly, representing Family Dollar on behalf of Annette Lognion, has applied for a zone change. Minutes—June 25,2013 The subject property is located at the northwest corner of East Lucas Drive and Fort Drive. This zone change will allow for the property to be used as a Family Dollar. It is in keeping with the character of the surrounding neighborhood. The south 150'±of the parcel is already zoned GC-MD, while the north 286±of the parcel is zoned RS. A sidewalk shall be required along East Lucas Drive, adequate landscaping and screening of the site from adjacent residential properties shall be required. At a Joint Public Hearing held June 17, 2013, the Planning Commission recommended 5:1 to approve a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District for property located at the northwest corner of East Lucas Drive and Fort Drive. Approval of ordinance. Mayor Pro Tern Wright moved 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 RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF EAST LUCAS DRIVE AND FORT DRIVE, BEAUMONT,JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 13 - 037 2. Consider an ordinance approving a specific use permit to allow a boarding house in an RM-H (Residential Multiple Family Dwelling-Highest Density) District for property located at 2390 Cartwright Street. Saving Grace Ministry has applied for a specific use permit. The specific use permit is to allow for the use of an existing structure as a boarding house for sober living women. The subject property is located at 2390 Cartwright Street. The proposed use will offer group home facilities for women seeking assistance in recovering from addiction. Normal business hours will be from 8 a.m. to 5 p.m. Residents will typically not occupy the facility during these hours, as they will be expected to be at work, school, or otherwise engaged. Morning and evening times will focus on activities around the facility. Curfews will be enforced by staff members and managers.There will be a maximum of 10 residents, all residents and staff members will be female. The developer has requested a waiver of the fencing requirement. Minutes—June 25,2013 Traffic Division has noted that the parking for the facility is inadequate and must be provided on site, sufficient for the needs of the facility's staff and residents. The letter submitted with the application notes that the residents in the facility will typically utilize public transportation and that installation of additional parking would negatively affect property values in the area. City Ordinance provides that: where the listed regulations are not applicable, in the judgment of the director of transportation, the parking requirements shall be determined by the director of transportation. Computations of required parking spaces by the director of transportation shall be final, subject only to an appeal to the board of adjustment. (Chapter 28 Section 28.04.002 (a)(6)(C)) At a Joint Public Hearing held June 17, 2013, the Planning Commission recommended 6:0 to approve a specific use permit to allow a boarding house for sober living women in a RM-H district at 2390 Cartwright Street subject to the following conditions: 1) The owner will work with the Traffic Division to devise an appropriate plan for off- street parking that is acceptable to the City. 2) The buffer/non-privacy security fencing required at the rear of the hospital. 3) Standing curfew of 9:00 p.m., with exception made for employment hours. 4) Security cameras operational for the facility. Approval of ordinance subject to the following conditions: 1) The owner will work with the Traffic Division to devise an appropriate plan for off- street parking that is acceptable to the City. 2) The buffer/non-privacy security fencing required at the rear of the hospital. 3) Standing curfew of 9:00 p.m., with exception made for employment hours. 4) Security cameras operational for the facility. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BOARDING HOUSE FOR SOBER LIVING WOMEN IN A RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)DISTRICT FOR PROPERTY LOCATED AT 2390 CARTWRIGHT STREET SUBJECT TO THE CONDITIONS, BEAUMONT,JEFFERSON COUNTY, TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, PATE, SAMUEL AND SMITH NAYS: COUNCILMEMBER GETZ MOTION PASSED Ordinance 13-038 3. Consider an ordinance approving a specific use permit to allow a mobile medical clinicto be located at 3455 Sarah Street. Gulf Coast Health Center, Inc. has applied for a specific use permit. Minutes—June 25,2013 The mobile clinic will be located on a site with an existing building already in use by the company. The mobile clinic will be in a large bus/recreational vehicle where patients will enter to receive basic health care and ancillary services. The mobile medical clinic will supplement the activities already offered in the building. The mobile clinic will be in operation at this location on Wednesdays and Thursdays from 9 a.m. to 3 p.m. and will utilize three additional employees. The mobile clinic will enable enhanced access for low cost or free health care. It will help with education toward self-directed health management, and will decrease the demand on emergency medical care. The Water Utilities Department noted that an RPZ will need to be installed on the downstream side of the meter within 12" of the meter. Traffic Division has noted that the parking for the mobile medical clinic shall not interfere with parking associated with the existing use. At a Joint Public Hearing held June 17, 2013, the Planning Commission recommended 6:0 to approve a specific use permit to allow a mobile medical clinic to be located at an existing medical facility at 3455 Sarah Street,with the condition that if they connect to public water, an RPZ will need to be installed on the downstream side of the meter within 12" of the meter. Approval of ordinance with the condition that if they connect to public water, an RPZ will need to be installed on the downstream side of the meter within 12" of the meter. Councilmember Smith moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MOBILE MEDICAL CLINIC TO BE LOCATED AT 3455 SARAH STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 13 - 039 4. Consider a resolution approving a change order to the contract with Allco, LLC, related to the Wastewater Treatment Plant Bar Screen Replacement and Aerobic Digester Rehabilitation Projects. The City Council approved a contract with Allco, LLC, on August 9, 2011, in the amount of $2,920,815.00. The contract will furnish all labor, materials, and equipment to remove and replace the existing bar screen mechanisms and rehabilitate the existing digester aeration system at the existing Wastewater Treatment Plant on Lafin Road. The proposed change order in the amount of $196,722 will furnish all necessary engineering design, labor, materials, and equipment to replace the existing walls and roofs of the two main junction boxes located at the entrance and the northeast corner of the Minutes—June 25,2013 Wastewater Treatment Plant with precast sealed reinforced concrete structures and related appurtenances. The bases of the existing boxes will be rehabilitated, sealed and connected to the new structures. The sanitary sewer gases deteriorated the existing reinforced concrete junction boxes causing the junction box on the northeast corner of the Plant to collapse. In addition, this change order will delete Additive Bid Item 6 for 42-inch bypass pumping. This proposed change includes a request for 180 days to be added to the contract time. The bar screen is the first required stage of wastewater treatment. It removes large debris, plastics, rags, and other material that is difficult to remove during primary treatment and can damage the pumps. The existing bar screens have been in service for nearly 10 years. They have deteriorated and require constant maintenance due to the large amount of debris received at the Wastewater Treatment-Plant. The screw conveyor system removes the debris collected by the bar screens. The debris is then dewatered prior to disposal. The existing screw conveyor system does not handle large debris and therefore requires constant maintenance. The new conveyor system will provide consistent removal of debris of various sizes. Capital Program. Approval of resolution. Councilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 4 IN THE AMOUNT OF $196,722.00, THEREBY INCREASING THE CONTRACT AMOUNT TO $3,214,766.66 FOR THE WASTEWATER TREATMENT PLANT BAR SCREEN REPLACEMENT AND DIGESTER REHABILITATION PROJECT. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 13 - 137 5. Consider a resolution authorizing publication of a notice of intention to issue Certificates of Obligation in an amount not to exceed $43 Million. On June 19, 2013, Council held a workshop to discuss a potential issue of Certificates of Obligation, proposed projects to be funded, and the impact on the property tax rate. The proposed issue is in an amount not to exceed $43 Million. The proposed projects include: $15 Million City-wide Street Rehabilitation $3 Million Replacement of Fire Station No. 11 $2.5 Million Completion of South Park Drainage Relief Project $1.5 Million City-wide Stormwater Master Plan Study $1.2 Million Completion of New Public Health Complex $4.75 Million Magnolia Overlay from Fannin to East Gill Minutes—June 25,2013 $2 Million Delaware Overlay from Concord to Dowlen Road $4.5 Million New Senior Center to replace Best Year's Center $5 Million Riverfront Development and Improvements $2.55 Million Contingency There is an additional $1 Million to allow for more flexibility and to pay for all bond related issuance costs. The City's tax rate is currently $0.64 per $100 assessed valuation with $0.46 dedicated to the General Fund and $0.18 dedicated to the Debt Service Fund. During the last ten years, the tax rate, starting at $0.67, has been reduced several times and has been maintained at $0.64 for the last five years. In July 2012 the City's Financial Advisor, RBC Capital Markets, conducted a work session with the City Council and stated that the tax rate for Fiscal Year 2014 would need to increase by at least $0.01 to service the existing debt. After issuing the proposed Certificates of Obligation, the property tax rate will need to be increased by a total of$0.05 effective October 1, 2013. The new tax rate would be$0.69 per$100 assessed valuation. The average taxpayer will pay less than $5 more per month due to this increase. Issuance of the Certificates is tentatively scheduled for July 30, 2013 with delivery and receipt of proceeds by the City on August 27, 2013. All debt and other expenses related to the Certificates of Obligation shall be incurred by the Debt Service Fund. Approval of resolution. COuncilmember Samuel moved to APPROVE A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION. Mayor Pro Tern Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 13 — 138 6. Consider a resolution approving the engagement of Orgain, Bell, and Tucker, LLP, as bond counsel relating to the proposed issuance of not to exceed $43 Million of Certificates of Obligation, Series 2013 for a minimum fee of $17,500 per series or .15% of the face amount of the Bonds issued. The certificates of obligation will be issued to finance the street, drainage, and general improvement projects and pay for professional services rendered in connection with each. Issuance of the Bonds is tentatively planned for July 30, 2013, with proceeds being received in August 2013. Debt Service Fund. Minutes—June 25,2013 Approval of resolution. Councilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY IS AUTHORIZED TO AND HEREBY EMPLOYS ORGAIN, BELL&TUCKER, LLP, BEAUMONT, TEXAS,AS A BOND COUNSEL FOR THE ISSUANCE OF THE BONDS, PURSUANT TO THE TERMS OF THE ENGAGEMENT LETTER DATED JUNE 14, 2013, PRESENTED BY ORGAIN, BELL&TUCKER, LLP,TO THE CITY,AND THAT THE CITY AND ITS BOND COUNSEL ARE AUTHORIZED TO PROCEED WITH TAKING ALL ACTION APPROPRIATE FOR THE ISSUANCE OF THE BONDS;PROVIDED,HOWEVER,THAT THE BONDS SHALL BE ISSUED ONLY IF THE FINAL TERMS THEREOF ARE HEREINAFTER APPROVED BY THE CITY COUNCIL. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 13 — 139 WORK SESSION * Review and discuss increasing various garbage collection rates Hanie Tohme, Water Utilities Director discussed the garbage collection rate increase. There was a residential rate comparison by City. The cities that were compared were Pasadena, Mesquite, Port Neches, Groves, Nederland, Port Arthur and Vidor. The expenditure verses the revenue as well as the 2013 projections were discussed. The proposed rates per month forthe first container beginning July, 2013, would be$16.00 and the proposed rate per month for the second and third containers would be$3.75. The yearly projected revenue increase with 34,230 accounts would be $410,760 and the yearly projected revenue increase for the second and third containers with 4,350 accounts would be $13,050. The proposed rate increase will keep the garbage collection rate lower than the rates in neighboring cities. The proposed rate increases will help stabilize the Solid Waste Fund as well as allow the City to continue providing superior quality services to the citizens. 7. Consider an ordinance amending Section 22.05.211(b)(1) and (2) of the Code of Ordinances to increase garbage rates. The current garbage collection rates are $15.00 with an additional $3.50 for an extra can. Senior citizen rates at a 10%discount are$13.50 with an additional $3.50 for an extra can. The Administration is proposing that effective July 1, 2013 the garbage collection fee would increase a $1.00 per month to$16.00. Also the extra can fee would increase to$3.75 and the senior citizen rate would increase to $14.40 per month. The projected revenue increase on an annual basis is estimated at $418,800 based on accounts billed through May 2013. Approval of resolution. Minutes—June 25,2013 Councilmember Coleman moved t0 ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 22, SECTIONS 22.05.211(B)(1)(A) AND 22.05.211 (13)(1)(8), OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,TO INCREASE GARBAGE AND TRASH RATES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 13 - 040 COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - COMMENTED ON THE "LET'S MOVE", CITIES, TOWNS AND COUNTIES PROGRAM, STATED THAT BEAUMONT RANKS#2 IN POINTS OUT OF THE CITIES PARTICIPATING IN THE U.S., AFTER JULY 15T"THE CITY WILL BE#1 IN THE NATION FOR POINTS THE CITY WILL RECEIVE FOR PARTICIPATING IN THE PROGRAM,ANNOUNCED ON JULY 15,2013 FROM 9:00 A.M. TO 11:00 A.M.,CHILD CARE FACILITY OWNERS MAY ATTEND THIS SESSION TO LEARN MORE ABOUT HELPING KIDS EAT RIGHT AND STAY ACTIVE,THE FIRE DEPARTMENT WILL ALSO OFFER A COURSE ON EMERGENCY PREPAREDNESS, FIRE CARE AND SAFETY COUNCILMEMBER GETZ- COMMENTED ON THE SUPREME COURT RULING AND HOW IT WILL AFFECT THE CITY OF BEAUMONT AND BISD, READ A STATEMENT FROM MICHAEL WILLIAMS, COMMISSIONER OF EDUCATION MAYOR PRO TEM WRIGHT- THANKED COUNCILMEMBER COLEMAN FOR BRINGING THE "LET'S MOVE", CITIES, TOWNS AND COUNTIES PROGRAM TO THE CITY,THANKED THE DEPARTMENTS FOR WHAT THEY DO TO KEEP THE CITIZENS MOVING FORWARD IN A POSITIVE MANNER COUNCILMEMBER PATE - THANKED THE DEPARTMENT HEADS FOR ALL THEY DO AS WELL AS ALL EMPLOYEES, COMMENTED ON BEAUMONT BEING REFERRED TO AS BEING THE MUSEUM CAPITAL OF S.E. TEXAS, STATED THAT CHANNELS SIX AND FOUR ARE DOING THEIR MORNING SHOWS ON MUSEUMS AND ARE VISITING AS MANY AS THEY CAN, ALSO THANKED ORGAIN BELL AND TUCKER ON THE GREAT JOB THEY ARE DOING Minutes—June 25,2013 COUNCILMEMBER SAMUEL- STATED THAT BEAUMONT IS A GREAT PLACE TO LIVE WORK AND PLAY,THE CITY HAS DEDICATED EMPLOYEES THAT HELP MAKE BEAUMONT ALL IT CAN BE, HOPES THAT ONE DAY LEADERSHIP CAN WORK TOGETHER TOWARD BUILDING UP, INSTEAD OF TEARING DOWN AND BRINGING ABOUT BRIDGES COUNCILMEMBER SMITH - WELCOMED THE HEBERT PANTHERS MASS REUNION THAT'S TAKING PLACE THIS WEEK, LOOKS FORWARD TO PARTICIPATING WITH THEM CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES- NONE MAYOR AMES- NONE Public Comments (Persons are limited to three minutes) Loretta Moore 2455 Corley Beaumont TX Spoke against the boarding house for sober living at the property located at 2390 Cartwright Street Jenerie Sonion Newton St. Beaumont TX Spoke in opposition of the boarding house for sober living at the property located at 2390 Cartwright Street, stated that most of the citizens in their area were notified, stated that the agenda was not posted on the City's web site so how can citizens know this facility is being put into their neighborhood if they don't know that the meeting is occurring EXECUTIVE SESSION - CANCELLED Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Triad Transport, Inc. With Executive Session being cancelled, Council adjourned at 2:51 p.m. dio available upon request in the City Clerk's Office. ILE s ���� y Am s, May r ��'' hti i Tina Broussard, City Clerk Minutes—June 25,2013