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HomeMy WebLinkAboutMIN NOV 26 2013M 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 November 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 November 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 3 -6 /Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Jim Fuller of Calder Baptist Church gave the invocation. Aurora Williams granddaughter of Mayor Pro Tern Wright 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 and Samuel. Absent: Councilmember Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Councilmember Smith absent due to fire at his home. Proclamations, Presentations, Recognitions Officer Carol Riley, spoke regarding the Kansas City Southern Holiday Express Christmas Train arriving in Beaumont on December 5, 2013 at 4:00 p.m. at the KCS yard, 4095 S. Martin Luther King Parkway, flyers were passed out. Public Comment: Persons may speak on scheduled agenda items 3 -6 /Consent Agenda. Landry Rountree 1565 S. Major Dr. Beaumont TX Spoke to Council in regards to Item A on the Consent Agenda; stated that when he submitted his appeal he asked that someone else be appointed other than Lane Nichols, asked that City Council hear his appeal CONSENT AGENDA Approval of minutes — November 19, 2013 Confirmation of committee appointments — None Minutes — November 26, 2013 B) Approve a resolution to extend the contract with Patriot Security to provide Guard Services at various City locations — Resolution 13 — 266 C) Approve a resolution authorizing the acceptance of a ten foot wide Exclusive Water Line Easement located in the abandoned Stagg Drive ROW for the new HEB grocery store — Resolution 13 — 267 D) Approve a resolution authorizing the acceptance of a ten foot wide and fifteen foot wide Exclusive Sanitary Sewer Easement located in the abandoned Stagg Drive ROW for the new HEB grocery store — Resolution 13 - 268 Councilmember Samuel made a motion to approve the Consent Agenda excluding Item A. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED A) Approve a resolution appointing Lane Nichols as the hearing officer to preside over the appeal of the decision of the Chief of Police to suspend the permit of a towing company. Councilmember Samuel made a motion to reject the consideration of appointing Lane Nichols as the hearing officer to preside over the appeal of Landry Towing and that the City Council hear the appeal. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS Consider an ordinance approving a specific use permit to allow a car rental facility in an NC (Neighborhood Commercial) District at 5310/5320 Eastex Freeway. Nikolaos Klironomos, owner of GMK Original L.L.C., is requesting a specific use permit. The existing building has most recently been utilized as a tax preparation office, a seasonal use. Mr. Klironomos would like to open a car rental office at this location, therefore using the space year round. Vehicles used in the rental business would be parked onsite. At a Joint Public Hearing held November 18, 2013, the Planning Commission recommended 6:0 to approve a specific use permit to allow a car rental facility in an NC Minutes — November 26, 2013 (Neighborhood Commercial) District at 5310/5320 EastexFreeway. Approval of ordinance. Councllmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CAR RENTAL FACILITY IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT LOCATED AT 5310/5320 EASTEX FREEWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 13 - 069 2. Consider an ordinance approving a specific use permit to allow a pre - school /day care in an RS (Residential Single Family Dwelling) District at 280 Enfield Lane. Tomeka Melonson has applied for a specific use permit. The facility will be located in an established residential area. In order to accommodate the anticipated traffic impact, the applicant has devised a system for picking up and dropping off children at staggered times. This will reduce the number of cars in the area during peak times. The facility will be in operation from 5:00 a.m. to 6:00 p.m., Monday through Friday and have a maximum of 12 children enrolled. Utilities and drainage will not need to be altered. The property owner has requested a waiver for the fencing requirement because there is an existing 8' fence on the north property line, and 5' chain link fencing on the west and rear property lines. Staff feels that due to security and other concerns, an 8' fence should be installed along all property lines and completely enclosing the rear yard. In addition, parking requirements shall be met per the requirements of the Transportation Division. At a Joint Public Hearing held August 19, 2013, the Planning Commission recommended 5:0 to approve a specific use permit to a pre - school /day care in an RS (Residential Single Family Dwelling) District at 280 Enfield Lane, subject to the following conditions: 1) An 8' fence should be installed along all property lines and completely enclosing the rear yard. 2) In addition, parking requirements shall be met per the requirements of the Transportation Division. Approval of ordinance, subject to the following conditions: 1) An 8' fence should be installed along all property lines and completely enclosing the rear yard. Minutes — November 26, 2013 2) In addition, parking requirements shall be met per the requirements of the Transportation Division. Councilmember Wright moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PRE - SCHOOL /DAY CARE IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING ) DISTRICT AT 280 ENFIELD LANE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 13 - 070 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. 3. Consider a resolution approving the engagement of Orgain, Bell, and Tucker, LLP, as bond counsel relating to the proposed issuance of General Obligation Refunding Bonds, Series 2013 in the approximate amount of $5,010,000. Proceeds will be used to refund certain General Obligation Refunding Bonds, Series 2004. Issuance of the Bonds is scheduled for December 19, 2013. Debt Service Fund. Approval of resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY IS AUTHORIZED TO AND HEREBY EMPLOYS ORGAIN, BELL & TUCKER, LLP, BEAUMONT, TEXAS, AS BOND COUNSEL FOR THE ISSUANCE OF THE BONDS, PURSUANT TO THE TERMS OF THE ENGAGEMENT LETTER DATED NOVEMBER 11, 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 AND PROVISIONS THEREOF ARE HEREINAFTER APPROVED BY THE CITY COUNCIL. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 13 - 269 Minutes — November 26, 2013 4. Consider an ordinance authorizing the issuance of City of Beaumont, Texas, General Obligation Refunding Bonds, Series 2013 in an estimated amount of $5,010,000; levying taxes to provide for payment thereof; and containing other matters related thereto. Results of the sale will be presented by the City's Financial Advisor, Dustin Traylor of RBC Capital Markets. A recommendation will be made to award the bonds through private placement. The award is based on the interest cost of the bid and other costs such as paying agent services, any closing costs, and fees of counsel. Interest is payable semiannually in March and September beginning March 1, 2014. The Purchaser will also serve as paying agent/registrar. Delivery and receipt of the proceeds by the City are scheduled for December 19, 2013. Proceeds will be used to refund certain General Obligation Refunding Bonds, Series 2004. Principal and interest is paid from the Debt Service Fund which is supported by property taxes. Total debt service savings is expected to be over $263,000. Approval of ordinance. COuncilmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AUTHORIZING THE ISSUANCE OF THE CITY OF BEAUMONT, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013; LEVYING TAXES TO PROVIDE FOR PAYMENT THEREOF; AUTHORIZING THE CALL AND REFUNDING OF CERTAIN BONDS AND OLBIGATIONS AND THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT AND THE SUBSCRIPTION FOR AND PURCHASE OF CERTAIN ESCROWED SECURITIES; AND CONTAINING OTHER MATTERS RELATED THERETO. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 13 - 071 5. Consider a resolution approving the purchase of a fire truck from Siddons -Martin Emergency Group of Denton. The 2014 Velocity pumper fire truck will be housed at Station 1. Reserve unit 7027, a 1980 American LaFrance pumper truck, will be disposed of according to the city surplus equipment disposal policy. Pricing for the equipment was obtained through the Houston - Galveston Area Council (H- GAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H -GAC complies with State of Texas procurement statutes. Manufacturer's warranty for the truck is two (2) years. Delivery is expected within eight (8) to nine (9) months. Minutes — November 26. 2013 Capital Reserve Fund. Financing will be obtained in fiscal year 2014 for the fire truck as well as multiple other pieces of equipment for various City departments. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF ONE (1) VELOCITY PUMPER FIRE TRUCK FROM SIDDONS- MARTIN EMERGENCY GROUP, OF DENTON, TEXAS, THROUGH THE HOUSTON -GALVESTON AREA COUNCIL (H- GAC) COOPERATIVE PURCHASING PROGRAM IN THE AMOUNT OF $606,560.08 FOR USE BY THE FIRE DEPARTMENT. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 13 - 270 6. Consider a resolution approving a contract with Sun Coast Resources, Inc. of Houston to provide lubricants for use by various City departments. Bids were solicited for a six (6) month contract to supply approximately 11,760 gallons of various lubricants at fixed costs for use by various City departments in maintaining vehicles and equipment. Specifications allow for a six (6) month extension upon expiration of the original term at the same pricing as awarded herein. The new contract represents a 6.6% savings from pricing on the previous contract. Bids were requested from nine (9) vendors with six (6) responses. The lowest bid did not meet specifications. The lowest responsible bidder was Sun Coast Resources, Inc. Fleet Fund. Approval of the resolution. Councilmember Coleman moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH SUN COAST RESOURCES, INC., OF HOUSTON, TEXAS. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 13 — 271 Minutes — November 26, 2013 WORK SESSIONS Kyle Hayes, City Manager discussed the Oil City Brass Building, the Literacy Depot and the possible sale of city -owned property located at 320 College Street. A powerpoint was shown of each location during the discussion. Review and discuss the proposed demolition of the Oil City Brass Building located at the corner of Neches and Crockett Review and discuss the proposed sale of the Literacy Depot property located at 1205 Franklin Street Review and discuss the possible sale of city -owned property located at 320 College Street COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - ABSENT COUNCILMEMBER SAMUEL - WISHED EVERYONE A HAPPY HOLIDAY, THERE'S A LOT TO BE THANKFUL FOR COUNCILMEMBER PATE - CONDOLENCES TO THE FAMILY OF FORMER COUNCILMEMBER BOB LEE, AS WELL AS DR. KUBALA ON THE PASSING OF HIS WIFE BETTY KUBALA, STATED THAT LUNCH ON THE LAKE HAS ENDED, WILL BE BACK NEXT YEAR, COMMENTED ON LAMAR UNIVERSITY FOOTBALL AS WELL AS BASKETBALL, ANNOUNCED THE CHAMBERS HOUSE, JOHN J. FRENCH AND THE CANDLE LIGHTING CEREMONY THAT WILL TAKE PLACE THIS WEEKEND MAYOR PRO TEM WRIGHT - CONDOLENCES TO THE CITY MANAGER AND HIS FAMILY ON THE PASSING OF HIS FATHER -IN -LAW, AS WELL AS THE FAMILIES OF BETTY KUBALA AND TOBE DUHON, COMPLIMENTED THE FINANCE AND LEGAL DEPARTMENT FOR THE SAVINGS ON THE REFINANCING OF THE BONDS, WISHED EVERYONE A HAPPY THANKSGIVING COUNCILMEMBER GETZ - THANKFUL THAT COUNCILMEMBER SMITH AND HIS FAMILY ESCAPED TRAGEDY FROM THE FIRE AT HIS HOME AND NO ONE WAS INJURED, STATED THAT THERE'S A HOLIDAY OTHER THAN THANKSGIVING THAT'S COMING UP, IT IS THE JEWISH HOLIDAY HANUKKAH, STATED THAT HANUKKAH IS EARLY IN THE YEAR, THIS WILL BE THE LAST TIME THAT HANUKKAH AND THANKSGIVING WILL COINCIDE, THIS WON'T HAPPEN AGAIN FOR ANOTHER 70,000 YEARS, STATED THAT HE AND THE MAYOR HAD THE OPPORTUNITY TO PARTICIPATE IN A THANKSGIVING INTER - DENOMINATIONAL SERVICE THIS PAST SUNDAY THAT WAS HOSTED BY THE LDS CHURCH DOWNTOWN Minutes — November 26. 2013 COUNCILMEMBER COLEMAN - CONDOLENCES TO THE LEE, DUHON AND KUBALA FAMILIES, WISHED EVERYONE A HAPPY THANKSGIVING CITY ATTORNEY COOPER - WISHED EVERYONE A HAPPY THANKSGIVING CITY MANAGER HAYES - WISHED EVERYONE A HAPPY THANKSGIVING MAYOR AMES - THANKED MAYOR PRO TEM FOR ATTENDING THE ALZHEIMER'S ASSOCIATION LUNCHEON FOR HER, ALSO LAST THURSDAY THERE WAS AN ANNOUNCEMENT BY THE BEAUMONT CHAMBER OF COMMERCE, A NEW COMPANY BY THE NAME OF OCI WILL BE COMING TO BEAUMONT, IT IS THE LARGEST INVESTMENT THAT HAS EVER HAPPENED IN THE CITY, COMMENTED ON THE THANKSGIVING INTER- DENOMINATIONAL SERVICE WHICH IS ALWAYS HELD THE SUNDAY BEFORE THANKSGIVING Public Comments (Persons are limited to three minutes) Tammy Muldrow 2002 Park St. Beaumont TX Spoke to Council in regards to her property at 2002 Park St., stated that she has been in a lawsuit with the City of Beaumont and the 1 st Assistant City Attorney Quentin Price for the last two years, the only reason that the lawsuit exist is because the Demolition Department stated it was the only way to save the property, other statements were made regarding Quentin Price and the City of Beaumont Brian Muldrow 2002 Park St. Beaumont TX Spoke regarding his property at 2002 Park St., gave a definition of a dangerous structure as well as the demolition order being wrongfully applied and requested that the City Council resend their order, stated that he is trying to resolve the issue of the demolition on today, once the order is resended compliance with city codes will continue Open session of meeting recessed at 3:45 p.m. EXECUTIVE SESSION - Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Tammy Ermis vs. City of Beaumont; Cause No. A- 186,662; (Brian Muldrow vs. City of Beaumont; Cause No. A- 181,515; 2002 Park Street) Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: 625 Orleans Street, Hotel Beaumont 701 Main Street, Civic Center parking lot Minutes — November 26, 2013 There being no action taken in Executive Session, Council adjourned. Audio vailable upon request' he City Clerk's Office. Be y Ames, M or Tina Broussard, City Clerk U Minutes — November 26, 2013