HomeMy WebLinkAboutMIN OCT 07 2014M 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 October 7, 2014 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 7, 2014, 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 1 -2 /Consent Agenda
Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Councilmember Samuel gave the invocation. Councilmember Wright led the Pledge of
Allegiance. Roll call was made by Tina Broussard, City Clerk.
Present at the meeting were Mayor Ames, Mayor Pro Tem Coleman, Councilmembers Getz,
Wright, Pate, Samuel and Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper,
City Attorney; Tina Broussard, City Clerk.
Proclamations, Presentations, Recognitions
Presentation - Roy West, President and Chairman of the Crimestoppers of Jefferson and
Hardin Counties spoke regarding the 261h Annual State Crimestoppers Conference
"National Arts and Humanities Month" - October, 2014 - Proclamation read by
Councilmember- Smith; accepted by Jana Fulbright, Vice President, Jefferson County
Southeast Texas Arts Council
Mayor Ames read the announcement regarding Executive Session being held at the
conclusion of the General Business portion of the meeting.
Public Comment: Persons may speak on scheduled agenda items 1 -2 /Consent Agenda.
None
CONSENT AGENDA
Approval of minutes — September 30, 2014
Minutes — October 7, 2014
Confirmation of committee appointments - None
A) Approve the renewal of an annual maintenance agreement with SunGard Public Sector
for software support for use by all City Departments — Resolution 14 - 223
B) Approve a payment and waiving the interest related to a paving lien dated March 10, 1931
on property at 1637 Avenue H, legally described as Joachimi L13 B12 - Resolution 14 -
224
Councilmember Pate moved to approve the Consent Agenda. Councilmember Wright
seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
Consider a resolution approving a change order to the contract with Allco, Inc. for
the South Park Drainage Improvement Project.
On April 9, 2013, by Resolution No. 13 -082, City Council awarded Allco, LLC, of
Beaumont, Texas, the contract for South Park Drainage Improvements in the amount of
$12,330,865. This project includes the installation and replacement of storm sewer
boxes and pipes which will significantly increase the capacity of the present drainage
system.
In mid April of 2014, a subcontractor hired by Allco, LLC to install two (2) 72" drainage
pipes under the KCS Railroad Company tracks, encountered a 60" active process water
supply line owned by ExxonMobil that was not shown on the original construction plans.
City staff has worked continually with ExxonMobil, Allco LLC., KCS Railroad Company,
Lamar University, Texas General Land Office, and the consulting engineer Mark
Whiteley & Associates, in an effort to resolve the issue.
The contractor will be utilizing a Hybrid Bore Process to install two new water lines
under the railroad tracks. Due to the depth of the bore, special shoring is required.
The cost of the bore and associated parts and labor is $3,508,262.11. Due to these
unexpected circumstances, it is necessary to offset the additional cost of the Hybrid
Bore. The original plans have been modified to delete a section of the project resulting
in a credit of $3,180,539.36. Therefore, the requested Change Order No. 8 is an
additional $327,722.75. The recommended change order has been reviewed by the
General Land Office and the City's consulting engineer.
Hurricane Ike Disaster Recovery Program Funds, administered by the Texas General
Land Office, are available at this time in the amount of $10,116,834. The remainder of
Minutes — October 7, 2014
$2,740,915.28 will be paid for by the City from the Capital Program. The City is working
with the General Land Office to secure additional Hurricane Ike Recovery Program
funds for this project.
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. 8 FOR ADDITIONAL WORK,
THEREBY INCREASING THE CONTRACT AMOUNT BY $327,722.75 FOR A TOTAL CONTRACT
AMOUNT OF $12,857,749.28 FOR THE SOUTH PARK DRAINAGE IMPROVEMENT PROJECT.
Councilmember Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 14 - 225
2. Consider granting a solid waste collection and transportation service franchise to
Sprint Waste Services, L.P.
On January 1, 2014, Triangle Waste ( a wholly -owned subsidiary of Sprint Waste
Services, LP) merged into Sprint Waste Services, LP. Triangle Waste has a solid waste
franchise agreement with the City of Beaumont but due to the legal change in corporate
structure and merger with Sprint Waste Services, LP, it is necessary for the company to
obtain a franchise agreement with the City in the name of Sprint Waste Services, LP.
According to City Ordinance 22.05.101, no person shall engage in the business of
collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first
having obtained a franchise from the City. Seven (7) entities currently have
nonexclusive franchise agreements with the City and are doing business in this area.
The requested Franchise is generally the same as those previously approved by City
Council. It provides for a term of one year from its effective date and a franchise fee of
seven percent ('710) of gross revenues received for service. It also requires the entity to
indemnify the City of Beaumont and provide insurance which names the City of
Beaumont as a named insured.
According to City Charter, franchise ordinances require readings at three (3) separate
Council meetings, with the third not less than thirty (30) days from the first reading. The
ordinance does not take effect until sixty (60) days after its adoption on the third and
final reading. After passage, the ordinance must be published for four (4) consecutive
Minutes — October 7, 2014
weeks in a newspaper of general circulation in the city. All publication costs are paid by
the franchisee.
This is the third reading of the franchise ordinance. The first reading occurred on
August 26, 2014 and the second on September 9, 2014.
A franchise fee of seven percent (7 %) of gross receipts is paid into the General Fund.
Approval of resolution.
Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A
FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO SPRINT WASTE
SERVICES, L.P. Councilmember Wright seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 14 - 041
3. Consider an ordinance for a zone change from RS (Residential Single Family Dwelling)
to LI (Light Industrial) District and a specific use permit to allow a metal sandblasting
and coating facility at 7625 Washington Boulevard.
Robert Dean Fontenot is requesting the zone change and specific use permit.
The Fontenots own approximately forty (40) acres at 7625 Washington Blvd., this
request is for ±21.51 acres of the total area. The Fontenots purchased this property
approximately fifteen (15) years ago and immediately opened for business. Staff has
no record of permits pulled for this business. The property includes a barn, used for
their sandblasting business, which is located in an area previously used for oil and gas
drilling. Mr. Fontenot contends that this oil and gas drilling operation created a "dead
zone" where vegetation no longer grows, making the land unsuitable for agricultural
purposes. The proposed use employs two or three employees and operates from 8 AM
to 4:30 PM, Monday through Friday. Sand blasting is considered similar to other metal
working uses for the purposes of zoning.
One of the primary concerns for this request is spot zoning. The reasons being:
The request is not in compliance with the comprehensive plan. The subject property is
designated as a neighborhood growth unit.
Minutes — October 7, 2014
2. The request is not consistent with the zoning or land use of the surrounding area,
existing uses iri the area are primarily residential. While it is unfortunate that the
business is not allowable in this zone type, the zoning pattern is predominantly RS. In
addition the surrounding land use is residential to the north, Crescent on Walden is
located to the southeast and land to the west and northwest have been developed
residentially.
3. Rezoning would not serve a public purpose furthering public health, safety, morals or
general welfare.
At a Joint Public Hearing held September 15, 2014, the Planning Commission
recommended 5:2 to deny a zone change from RS (Residential Single Family Dwelling)
to LI (Light Industrial) District with a specific use permit for a sandblasting shop at 7625
Washington Boulevard.
Denial of ordinance.
Mayor Pro Tern Coleman 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 LI (LIGHT INDUSTRIAL) DISTRICT FOR
PROPERTY LOCATED AT 7625 BOULEVARD, BEAUMONT, JEFFERSON COUNTY, TEXAS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY.
Councilmember Samuel seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION DENIED
PUBLIC HEARING
Dangerous Structures
Public comments were made by the following people who personally appeared and
requested additional time to make repairs to their property.
Open: 2:47 p.m.
Edmond Richards 399 Read St. Beaumont TX
Item #17 1380 Edwin & Storage Building
Minutes — October 7. 2014
John Robinson 495 N. 1st. St.
Beaumont TX
Item #23 495 N. 1 st St.
Gladys Briggs Gamblin 4160 Pradice St.
Beaumont TX
Item #57 685 Royal (Commercial)
Jasper and Paula Leaven 127 Pinelake
Sour Lake TX
Item #39 3270 Lampassas
Pat Patterson 4595 St. Louis
Beaumont TX
Item #45 32:65 Nora
Cuba Franklin 2440 Omaha St.
Beaumont TX
Item #47 2440 Omaha St.
J.T. Haynes P.O. Box 963
Beaumont TX
Item #67 330 Todd & Storage
Mary A. Brown 8045 Evangeline Lane
Beaumont TX
Item #67 330 Todd & Storage
Samy Soliman 1275 McFaddin St.
Beaumont TX
Item #67 330 Todd & Storage
J.R. Williamson 120 21St. St.
Beaumont TX
Item #68 120 21 st St.
Alfred Arredondo 1267 Van Buren St.
Beaumont TX
Item #70 1267 Van Buren St.
Ako Nelson 3890 Youngstown
Beaumont TX
Item #71 3890 Youngstown
Minutes — October 7, 2014
Harry Jackson 5876 Falcon Beaumont TX
Item # 21
Closed: 3:22 p.m.
4. Consider an ordinance and a resolution 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, Community
Development Block Grant (CDBG) funding, and a grant with the Southeast Texas
Regional Planning Commission and the Texas General Land Office (GLO).
Approval of the ordinance and resolution.
Councilmember Pate 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 #17,21, 23, 39, 45, 67, 68, 70 AND 71, TO
ENTER INTO A 150 DAY WORK PROGRAM ON THE DANGEROUS STRUCTURES LIST, ITEMS #47
AND 57 WERE REMOVED; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY.
Councilmember Samuel seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 14 - 053
Councilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL FINDS
AFOREMENTIONED SEVENTY -ONE (71) STRUCTURES TO BE UNSAFE STRUCTURES AND
DECLARES THEM TO BE PUBLIC NUISANCES AND ORDERS THAT THE STRUCTURES BE RAZED.
Councilmember Samuel seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE, SAMUEL AND SMITH
Minutes — October 7, 2014
NAYS: NONE
MOTION PASSED
Resolution 14 -- 226
COUNCILMEMBER COMMENTS
MAYOR PRO TEM COLEMAN -
COUNCILMEMBER GETZ -
COUNCILMEMBER WRIGHT -
COMMENTED ON DOGTOBER FEST AND THE FIRE SAFETY
FESTIVAL, THANKED MAIN ST. AND THE FIRE
DEPARTMENT FOR THEIR HARD WORK AND A GREAT
WEEKEND
CONGRATULATED THE CITY OF BEAUMONT FOR BEING
RECOGNIZED AS A SCENIC CITY
THANKED EVERYONE FOR ALL OF THEIR WELL WISHES,
PRAYERS, FOOD AND CARDS ON HER SPEEDY RECOVERY,
VERY HAPPY TO BE BACK
COUNCILMEMBER PATE - COMMENTED ON DOGTOBER FEST TO THE FIRE SAFETY
FESTIVAL, THANKED THE SPONSORS FOR MAKING BOTH A
SUCCESS, REMINDED EVERYONE THAT LAMAR
UNIVERSITY WILL BE PLAYING THIS WEEKEND, THE GAME
WILL START AT 6:00 P.M., ENCOURAGED EVERYONE TO
COME OUT AND SUPPORT THEM
COUNCILMEMBER SAMUEL - STATED THAT IN 1974 LAMAR UNIVERSITY WAS 7 -3
COUNCILMEMBER SMITH - ANNOUNCED THE GIFT OF LIFE 5K RUN ON SATURDAY,
OCTOBER 11, 2014, ALSO REQUESTED INFORMATION
ABOUT THE DD6 PROJECT IN TYRELL PARK, RECEIVED
PHONE CALLS FROM THE RESIDENTS WHO ARE
CONCERNED THAT THE WORK HAS STOPPED DUE TO
FUNDING, WOULD LIKE TO KNOW IF THAT INFORMATION IS
ACCURATE, ASKED THE CITY MANAGER IF HE COULD
CHECK ON THE STATUS OF THE PROJECT
CITY ATTORNEY COOPER - NONE
CITY MANAGER HAYES - NONE
MAYOR AMES - NONE
Minutes — October 7, 2014
Public Comments (Persons are limited to three minutes)
Stuart Yoes
3535 Calder
Beaumont TX
Spoke to Council in regards to Item # 3 on the Agenda and the rezoning of that
property, pointed out that the original plan was to originally rezone .74 acres, as the
request move through the process somehow the acreage changed to 21 acres, letters
were sent out, none of the neighbors objected and there were several supporters for
the rezoning
Addrenna Arline 275 East Gill
Beaumont TX
Spoke to Council in regards to dangerous structure Item #24 275 E. Gill & Shed, Ms.
Arline wasn't aware that she needed to speak during the public hearing section of the
meeting.
The Mayor then reopened the Public Hearing so that Council may speak with Ms. Arline in
regards to her property
Public Hearing Re- opened at 3:21 p.m.
Addrenna Arline 275 East Gill St. Beaumont TX
Item #24 275 East Gill
Public Hearing Closed at 3:38 p.m.
Open session of meeting recessed at 3:39 p.m.
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance
with Section 551.071 of the Government Code:
Russell Brister vs. City of Beaumont; Cause No. D- 194,574
Minutes - October 7. 2014
There being no action taken in Executive Session, Council adjourned.
o available.upon
Tina Broussard, City Clerk
t in the City Clerk's Office.
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Minutes — Date