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Home My WebLink AboutMIN OCT 29 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 October 29, 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 October 29, 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 5-7/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1 :30 p.m. Pastor James Blackwell of South Park 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 and Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions Presentation — Chief Magistrate Craig Lively and board member of the Beaumont Products and Services Organization expressed appreciation to Mayor and Council fortheir long standing support of employment of persons with disabilities Presentation — Police Sgt. Robert Flores spoke on behalf of the Beaumont Police Department's Trunk or Treat and Haunted Jail on Halloween night, Thursday, October 13, 2013, 5:00 p.m. to 7:00 p.m. at the Beaumont Civic Center Public Comment: Persons may speak on scheduled agenda items 5-7/Consent Agenda. None CONSENT AGENDA Approval of minutes — October 22, 2013 Confirmation of committee appointments — Resolution 13-243 Paula Blazek would be reappointed to the Civil Service Commission. The current term would expire November 1, 2016. (Kyle Hayes, City Manager) Minutes—October 29,2013 A) Approve a resolution approving an annual contract for the purchase of Lime Slurry from LaHoist North America, Inc. of La Porte for use by the Streets and Drainage Division — Resolution 13-244 B) Approve a resolution approving the purchase of Granular Phosphate for use by the Water Utilities Department — Resolution 13-245 C) Approve a resolution authorizing a payment of membership dues to the South East Texas Regional Planning Commission for Fiscal Year 2014 — Resolution 13-246 D) Approve a resolution accepting the Certified Tax Roll Jurisdiction Summary forthe tax year 2013 (Fiscal Year 2014) — Resolution 13-247 E) Approve a resolution approving an agreement with Triangle Stagecraft, Inc. for skilled temporary workers utilized in the Event Facilities Department — Resolution 13-248 F) Approve a resolution casting the City's votes (430) for C.L. Sherman for the Board of Directors of the Jefferson County Appraisal District — Resolution 13-249 G) Approve a resolution authorizing participation with other Entergy service area cities in Public Utility Commission Docket No. 41850 — Resolution 13-250 Councilmember Samuel 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 specific use permit to allow for expansion of a pipe processing, storage, and shipping facility in an LI (Light Industrial) District at 5780 Hagner Road. Robert Hooper, on behalf of National Oilwell Varco-XL Systems, has applied for a specific use permit. The facility has been located on the site since 1985. Currently, the site is primarily used for storage of pipe in various stages of processing. The proposed expansion would involve the removal of two existing buildings and the construction of three new buildings, including two warehouse/production facilities and an office building. Parking will be constructed as required by ordinance, and utilities exist on the site to handle expected demand to meet the requirements of the City. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Minutes—October 29,2013 At a Joint Public Hearing held October 21, 2013, the Planning Commission recommended 6:0 to approve a specific use permit to allow for expansion of a pipe processing, storage, and shipping facility in an LI (Light Industrial) District at 5780 Hagner Road. Mayor Pro Tern Wright moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF A PIPE PROCESSING,STORAGE,AND SHIPPING FACILITY IN AN LI(LIGHT INDUSTRIAL)DISTRICT AT 5780 HAGNER ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 13 - 065 2. Consider an ordinance approving a revised specific use permit to allow an expansion of a financial planner's office in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 4184 Treadway Road. Tim Satre, on behalf of Satre Investments, LLC, has requested a revision to an existing specific use permit. The initial specific use permit was approved in 1998. At that time, the existing residential building was modified into office space and parking was added. The proposed expansion includes the construction of two new buildings for the expansion of his business. The proposed buildings would be one story buildings and would not visually impact the surrounding neighborhood. Parking will be constructed as required by ordinance, and utilities exist on the site to handle expected demand to meet the requirements of the City. Mr. Satre is requesting a waiver to the 8' privacy fence on the south side of the property. In addition he is requesting a waiver to landscape and screening requirements along the north and south property lines. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. At a Joint Public Hearing held October 21, 2013, the Planning Commission recommended 6:0 to approve a revised specific use permit to allow an expansion of a financial planner's office in an RM-H District at 4184 Treadway Road with the following condition: • Based on aerial views of the site, it appears the building to the south is currently buffered by trees; therefore, if trees are removed as part of this expansion project, the required fencing should be waived only for the front 200' of the south property line. Approval of ordinance with the following condition: Minutes—October 29,2013 • Based on aerial views of the site, it appears the building to the south is currently buffered by trees; therefore, if trees are removed as part of this expansion project, the required fencing should be waived only for the front 200' of the south property line. Councilmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW AN EXPANSION OF A FINANCIAL PLANNER'S OFFICE IN AN RM-H(RESIDENTIAL MUTLIPLE FAMILY DWELLING-HIGHEST DENSITY)DISTRICT AT 4184 TREADWAY ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. 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 — 066 3. Consider an ordinance approving the abandonment of a 5' x 112.63' utility easement (sanitary sewer) that roughly bisects Lot 5 and part of Lot 6, Block 11 of the Fourth Street Acres Addition. Sally Broussard, on behalf of Spindletop Center, has requested the abandonment of a utility easement. This easement is a 5' strip of land that roughly bisects Lot 5 and part of Lot 6, in Block 11 of the Fourth Street Acres Addition. It is approximately 113' long. Property owners in the area have signed an application indicating their approval and interest in the abandonment. This item was sent to all interested parties. There is a 6" sanitary sewer line in the easement. The owner has indicated that the sanitary sewer line will be relocated to the easement located on the west side of the property and out to 8th Street. At a Joint Public Hearing held October 21, 2013, the Planning Commission recommended approval 6:0 to abandon a 5' x 112.63' utility easement (sanitary sewer) that roughly bisects Lot 5 and part of Lot 6, Block 11 of the Fourth Street Acres Addition. Approval of ordinance. Councilmember Coleman moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING A 5'X112.63'SANITARY SEWER UTILITY EASEMENT THAT ROUGHLY BISECTS LOT 5 AND PART OF LOT 6, BLOCK 11 OF THE FOURTH STREET ACRES ADDITION, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tem Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE Minutes—October 29,2013 MOTION PASSED Ordinance 13 — 067 4. Consider a request for abandonment of a 10' x 138' long utility easement at 5690 Kingswood Drive. Helbig CDC is requesting abandonment of a utility easement. Time Warner Cable has agreed to abandon the most easterly half(5'x138' portion) of the easement. This parcel has an unusual series of setbacks and easements. There is a 10' road easement along Garner Road, which is followed by an adjacent 10' utility easement. These easements are followed by the standard building setback. The combination of these easements and setbacks creates a condition in which it is difficult to construct a residence. Abandoning the easement will allow the builder to construct the desired home, and all utilities can be located in what is called the road easement. This item was sent to all interested parties. Because Time Warner has a cable in the western part of the easement, they have no objection to abandoning the eastern part. Staff recommends abandonment of the eastern half of the 10' x 138' easement. The City will retain the road easement and locate any potential utilities in that location. At a Joint Public Hearing held October 21, 2013, the Planning Commission recommended approval 6:0 of the abandonment of the eastern half of the 10' x 138' easement. Approval of ordinance. COuncilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING A 5'x 138' UTILITY EASEMENT AT 5690 KINGSWOOD DRIVE,CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. 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 - 068 5. Consider a resolution awarding a six month contract to APAC-Texas, Inc. for the purchase of asphaltic concrete for use by the Streets and Drainage Division. Bids were requested from six (6) local vendors to provide a six (6) month contract for asphaltic concrete to be used by the Streets and Drainage Division. Cold laid asphaltic concrete is used for repairing potholes and small sections of a street, while hot laid asphaltic concrete is used for repairs and repaving of larger street sections. It is estimated that approximately 13,000 tons of hot laid asphaltic concrete and 700 tons of cold laid asphaltic concrete will be used during the term of the contract. Minutes—October 29,2013 Specifications requested unit pricing for both plant pickup by City personnel and job site delivery by the vendor. The only responding vendor, APAC-Texas, submitted a bid as reflected below. The total value of the contract assumes in-plant pick-up of all materials. The bidder met all product requirements specified and has previously held the contract satisfactorily. General Fund and Capital Program. Approval of resolution. Councilmember Pate moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY APAC- TEXAS, INC., OF BEAUMONT, TEXAS, FOR A SIX (6) MONTH CONTRACT FOR THE PURCHASE OF ASPHALTIC CONCRETE FOR THE PUBLIC WORKS DEPARTMENT,STREETS AND DRAINAGE DIVISION IN THE ESTIMATED AMOUNT OF $913,000. 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 - 251 6. Consider a resolution authorizing the City Manager to execute Amendment No. 1 to the Interlocal Agreement with Jefferson County Drainage District No. 6 for the Lucas SRL Relief Project. Drainage District No. 6 is completing their work on the Lucas SRL Relief Project in the north end of the City. The District is installing box culverts on Abilene Avenue, Lucas Street, Lufkin Avenue, El Paso Avenue, Galveston Avenue, Wilson Street, Dallas Avenue, Fillmore Street, Hayes Street, and Buffalo Avenue. The Water Utilities Department installed new water and sanitary sewer lines to accommodate the installation of the boxes. Public Works will be resurfacing the afore-mentioned streets where the boxes were installed. Public Works is adding Harding Avenue, Charles Street, Idylwood Avenue, Laredo Avenue, and Wilshire Avenue due to damage from District equipment and District truck traffic entering and exiting the project area. The City will invoice the District for one hundred percent (100%) and be reimbursed for ninety percent (90%) up to $945,000 for street repairs (an increase from the original $475,000) and $275,000 for utility adjustments. The City will be responsible for the ten percent (10%) local share match. The amended total cannot exceed $1,220,000 and reimbursement shall not exceed $1,098,000 or 90%. $122,000 match is available in the General Fund, Water Utilities Fund, and Street Rehabilitation Program. Approval of resolution. Minutes—October 29,2013 COuncilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE EXECUTIONS OF AMENDMENT NO. 1 TO THE JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 (DD#6) INTERLOCAL AGREEMENT FOR THE LUCAS SRL RELIEF PROJECT. Mayor Pro Tem Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 13 - 252 7. Consider a resolution authorizing the City Manager to enter into a contract with Legacy Community Development Corporation for HOME Investment Partnerships Program funds from the Department of Housing and Urban Development. The City of Beaumont receives an annual allocation of HOME Investment Partnerships Program funds from the U.S. Department of Housing and Urban Development (HUD). Federal regulations require that a minimum of fifteen percent (15%) of the City's total HOME fund allocation be contracted to Community Housing Development Organizations (CHDO's) for eligible CHDO activities. Legacy Community Development Corporation (Legacy CDC), a certified CHDO, is seeking to stabilize neighborhoods by providing homeownership opportunities for low to moderate income families. A total of $66,474 is proposed as a part of the contract. Legacy would utilize$66,474 for acquisition of one unit to be used as a lease/purchase for an eligible low to moderate income family. Any and all income received by Legacy for leased properties must be used toward the organization's affordable housing activities. In addition, Legacy is requesting $22,158 for operating funds. The funds will be used to cover the administrative costs of the CHDO such as salary for administrative staff and the rent/lease costs. Housing Division staff will be responsible for monitoring Legacy for HOME Program compliance. 2012 HOME Program. Approval of resolution. COuncilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH LEGACY COMMUNITY DEVELOPMENT CORPORATION IN THE AMOUNT OF $66,474 FOR ACQUISITION AND REHABILITATION OF ONE (1) PROPERTY FOR LEASE/PURCHASE TO ELIGIBLE LOW-TO-MODERATE INCOME FAMILY AND A CONTRACT WITH LEGACY COMMUNITY DEVELOPMENT CORPORATION IN THE AMOUNT OF$22,158 FOR RELATED OPERATING EXPENSES. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE Minutes—October 29,2013 MOTION PASSED Resolution 13 - 253 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - THANKED HANI TOHME, WATER UTILITIES DIRECTOR AND ELIZABETH EDDINS WITH THE CVB FOR THE TOUR OF CATTAIL MARSH, AND THE CVB's WORK TO MARKET THAT AREA AS A BIRDING CENTER WHICH WILL BRING TOURIST TO THE AREA,THANKS TO CHRIS FISHER FOR THE TOUR OF THE PORT OF BEAUMONT, WISHED THE KIDS A SAFE HALLOWEEN, ENCOURAGED EVERYONE TO VISIT THE COPS AND KIDS AT THE BEAUMONT CIVIC CENTER OR WESLEY UNITED METHODIST CHURCH FOR THEIR HALLOWEEN CELEBRATIONS COUNCILMEMBER GETZ- COMMENTED ON THE SYMPHONY CONCERT,COMPLIMENTED RUSSELL GROGAN ON A SUCCESSFUL HEADLESS HORSEMAN TENNIS TOURNAMENT AT THE BEAUMONT ATHLETIC COMPLEX MAYOR PRO TEM WRIGHT- WANTED EVERYONE TO BE SAFE DURING HALLOWEEN,ALSO STATED IF YOU'RE AT HOME PASSING OUT CANDY MAKE SURE THAT THE CANDY IS SEALED BEFORE HANDING IT OUT, ENCOURAGED PARENTS TO CHECK THE KIDS' BAGS WHEN THEY GET HOME AND MAKE SURE THAT EVERYTHING IS SAFE BEFORE THEY EAT IT, ALSO ATTENDED THE LUNCHEON OF THE ALPHA KAPPA ALPHA SORORITY CELEBRATING THEIR 88TH ANNIVERSARY COUNCILMEMBER PATE- THANKED POLICE CHIEF SINGLETARY ON THE GREAT JOB THAT HE AND HIS OFFICERS DO FOR THE KIDS DURING HALLOWEEN, ASKED THE CITY MANAGER TO SEE IF A LINK COULD BE PUT ON THE CITY'S WEB SITE OF THE EPISODE COPS OF FOR THOSE CITIZENS THAT DIDN'T GET TO VIEW THE EPISODE, ASK THAT EVERYONE BE CAREFUL WHEN DRIVING THROUGH THE NEIGHBORHOODS ON HALLOWEEN NIGHT COUNCILMEMBER SAMUEL- COMMENTED ON THE TOUR OF CATTAIL MARSH, DIDN'T KNOW THAT BEAUMONT HAD BALD EAGLES,THERE WERE AT LEAST FOUR THAT WERE SPOTTED, ALSO COMMENTED ON THE TOUR OF THE PORT OF BEAUMONT AS WELL, MENTIONED THE 5K WALK HE PARTICIPATED IN THIS PAST WEEKEND FOR THE AMERICAN HEART ASSOCIATION Minutes—October 29,2013 COUNCILMEMBER SMITH - THANKED THE MAYOR FOR ATTENDING THE FREEDOM FUN BANQUET OVER THE WEEKEND, THANKED LENNY CABALLERO AND HIS STAFF WHO DID AN OUTSTANDING JOB, ANNOUNCED THE TRUNK-OR-TREAT AT THE STERLING PRUITT CENTER AT 6:00 P.M. CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR AMES - COMMENTED ON THE TOUR OF THE PORT OF BEAUMONT,AS WELL AS THE TOUR OF CATTAIL MARSH, MENTIONED THE FREEDOM FUN BANQUET SHE ATTENDED,THE SPEAKER WAS FORMER JUDGE JOHN PAUL DAVIS WHO DID AN EXCELLENT JOB, ALSO MENTIONED THE BUDDY WALK AND THE AMERICAN HEART ASSOCIATION WALK, HOPED THAT EVERYONE COMES OUT TO THE COPS AND KIDS HALLOWEEN EVENT AT THE BEAUMONT CIVIC CENTER Public Comments (Persons are limited to three minutes) None Open session of meeting recessed at 2:09 p.m. EXECUTIVE SESSION - �= Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code to wit: Chief Magistrate — Craig Lively There being no action taken in Executive Session, Council adjourned. Andio available on reque in the City Clerk's Office. Be ky Am Mayor 0 It W Tina Broussard, City Clerk s� Minutes—October 29,2013