HomeMy WebLinkAboutMIN JUL 24 2007 M I N U T E S - CITY OF BEAUMONT
W.L. Pate, Jr., At-Large BECKY AMES, MAYOR Gethrel Williams-Wright, At-Large
Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Wardll
Audwin Samuel, Mayor Pro Tem Ward III July 24, 2007 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 July 24, 2007, 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 8-12/Consent Agenda
Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Reverened James Blackwell of South Park Baptist Church 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 Tern Samuel, Councilmembers Coleman,
Beaulieu, Wright, Pate, and Smith. Also present were Kyle Hayes; City Manager, Tyrone Cooper;
City Attorney, Tina Broussard; City Clerk.
Proclamations, Presentations, Recognitions
"Firefighters" presentation to Mayor Pro Tern Audwin Samuel and Councilmember
W.L. Pate,Jr.-Firefighter Ryan Jones making presentation, Speaker-Captain Charlie Cox
Announced the Orleans Street Jazz Fest this Saturday,July 28,2007,4:00 p.m.- 10:30 p.m.,
in front of the Jefferson Theatre
Public Comment: Persons may speak on scheduled agenda items 8-12/Consent Agenda.
None
CONSENT AGENDA
Approval of minutes - July 17, 2007
Confirmation of committee appointments - Resolution 07-207
Minutes-July 24,2007
Dana L.Timaeus would be reappointed to the Board of Adjustment(Zoning)Committee. The
current term would expire May 12, 2009. (Mayor Becky Ames)
Paula Blazek would be appointed to the Historic Landmark Commission. The term would
commence July 24, 2007 and expire July 23, 2009. (Councilmember W. L. Pate, Jr.)
Arthur Louis would be appointed as Chairman of the Martin Luther King, Jr. Parkway
Commission. The term would commence July 24, 2007 and expire July 23, 2008. (Mayor
Becky Ames)
Dana L.Timaeus would be appointed as Vice Chairman of the Board of Adjustment(Zoning)
Committee. The term would commence July 24, 2007 and expire July 23, 2008. (Mayor
Becky Ames)
Bill Yoes would be reappointed to the Historic Landmark Commission. The current term
would expire December 30, 2008. (Mayor Becky Ames)
Bill Yoes would be appointed as Chairman of the Historic Landmark Commission. The term
would commence July 24, 2007 and expire July 23, 2008. (Mayor Becky Ames)
A) Authorize the City Manager to execute all documents necessary,specifically a Memorandum
of Understanding,with the Texas Attorney General's Office-Internet Crimes Against Children
(ICAC) Force - Resolution 07-208
B) Approve a Change Order related to the Convention and Visitors Bureau Project-Resolution
07-209
C) Authorize the acceptance of a ten (10)foot wide Water Line Easement out of the Hezekiah
Williams League on Dowlen Road - Resolution 07-210
D) Authorize the acceptance of a ten (10)foot wide waterline easement for fire hydrants across
Villa de Lucas, Inc. property at 1005 East Lucas Drive -Resolution 07-211
E) Authorize the acceptance of two(2)three foot(3')wide Sidewalk Easements along the west
line of Neches Street near the Cathedral Square property - Resolution 07-212
F) Authorize the acceptance of a ten(10)foot wide water line easement for fire hydrants across
Academy property at 7050 Eastex Freeway - Resolution 07-213
G) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary
sewer improvements in West Chase Village-Section VIII Subdivision - Resolution 07-214
H) Approve a payment for repairs to a 1999 Caterpillar D7R bulldozer - Resolution 07-215
1) Authorize the settlement of the claim of Megan Lewis - Resolution 07-216
Page 2 of 16 Minutes-July 24,2007
J) Authorize the settlement of the lawsuit styled Glenn McNeel vs. The City of Beaumont -
Resolution 07-217
K) Authorize the settlement of the lawsuit styled Elma Ardoin v. Larry Thibodeaux and the City of
Beaumont - Resolution 07-218
Councilmember Beaulieu made a motion to approve the Consent Agenda. Councilmember
Wright seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE, AND SMITH
NAYS: NONE
MOTION PASSED
Mayor Ames read the announcement regarding the Executive Session to be held at the
conclusion of the General Business portion of the meeting.
GENERAL BUSINESS
1. Consider approving a request for a zone change from A-R(Agricultural-Residential)District
to RS(Residential Single Family Dwelling)District for property located on the east side of N.
Major Drive, south of Tram Road.
The Administration recommended approval of a request for a zone change from A-R
(Agricultural-Residential) District to RS (Residential Single Family Dwelling) District for
property located on the east side of N. Major Drive, south of Tram Road.
Shammah Stone, L.L.C. has requested a zone change from A-R (Agricultural-Residential)
District to RS(Residential Single Family Dwelling)District. The purpose of the zone change
request is to allow for the development of the subject property as a single family subdivision.
Under A-R zoning,the minimum lot size is one acre. The proposed development will have a
typical lot size of 0.18 acres.
At a Joint Public Hearing held July 16, 2007,the Planning Commission voted 7:0 to approve
a request for a zone change from A-R (Agricultural-Residential) District to RS (Residential
Single Family Dwelling)District for property located on the east side of N. Major Drive, south
of Tram Road.
Councilmember Coleman moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING
CHAPTER 30 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 RS(RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT FOR PROPERTY
LOCATED ON THE EAST SIDE OF N.MAJOR DRIVE,SOUTH OF TRAM ROAD,BEAUMONT,JEFFERSON
Page 3 of 16 Minutes-July 24,2007
COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A
PENALTY. Councilmember Beaulieu seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE, AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 07-074
2. Consider approving a request for a zone change from RS (Residential Single Family
Dwelling)District to RM-M(Residential Multiple Family Dwelling-Medium Density)District and
a specific use permit to allow a residential care facility for juveniles in an RM-M (Residential
Multiple Family Dwelling-Medium Density) District at 3895 Kenneth.
The Administration recommended denial of a zone change from RS (Residential Single
Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density)
District and a specific use permit to allow a residential care facility for juveniles in an RM-M
(Residential Multiple Family Dwelling-Medium Density) District at 3895 Kenneth.
Theresa LaVergne, the applicant, is requesting a zone change from RS (Residential Single
Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density)
District and a specific use permit to allow a residential care facility forjuveniles. The property
is located at 3895 Kenneth.
The subject property is the site of a former fire station. Ms. LaVergne states that she would
like to use the structure for a residential treatment center for juveniles. She states that the
facility will house 13-16 children.
This rezoning could be considered spot zoning. Spot zoning connotes an unacceptable zone
change that singles out a single tract for treatment that differs from that accorded similar
surrounding land without proof of changes and conditions.
At a Joint Public Hearing held July 16, 2007, the Planning Commission voted 7:0 to deny a
zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential
Multiple Family Dwelling-Medium Density) District and a specific use permit to allow a
residential care facility for juveniles in an RM-M(Residential Multiple Family Dwelling-Medium
Density) District at 3895 Kenneth.
Mayor Pro Tern Samuel made a motion to DENY AN ORDINANCE AMENDING CHAPTER 30 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 RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING-MEDIUM DENSITY) DISTRICT FOR
PROPERTY LOCATED AT 3895 KENNETH, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING
FOR SEVERABILITY;PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Pate
seconded the motion.
Page 4 of 16 Minutes-July 24,2007
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE, AND SMITH
NAYS: NONE
MOTION DENIED
3. Consider approving a request for a specific use permit to allow a residential care facility for
adult offenders in an RCR (Residential Conservation and Revitalization) District at 2346
McFaddin.
The Administration recommended denial of a request for a specific use permit to allow a
residential care facility for adult offenders in an RCR (Residential Conservation and
Revitalization) District at 2346 McFaddin.
Jimmie and Vernon Adams, the applicants, are requesting a specific use permit to allow a
residential care facility for adult offenders in an RCR (Residential Conservation and
Revitalization)District. The property is located at 2346 McFaddin. The property is currently
occupied by a commercial building.
Mr. and Mrs. Adams state that the facility will provide transitional services to female ex-
inmates in need of social services. Initially, hours of operation will be from 8:00 a.m. -8 p.m.
Services to be provided will include obtaining proper identification, screening them for
eligibility for social services such as food stamps, SSI, SSDI, TANF, medical and dental
needs, etc. The clients will be assisted with the process of filing for eligible services and
assigned a case manager to follow their case and assist them in all aspects of the process.
The facility will assist its clients in locating permanent housing and satisfying employment. A
long range goal is to maintain eight transitional beds to assist women who are leaving jail and
would otherwise be homeless.
At a Joint Public Hearing held July 16, 2007, the Planning Commission voted 6:1 to deny a
request for a specific use permit to allow a residential care facility for adult offenders in an
RCR (Residential Conservation and Revitalization) District at 2346 McFaddin.
The"20% Rule" is in effect on this item. This means that in order to approve a zone change
or specific use permit when the 20% Rule has been invoked at least six Council members
must vote in favor of the ordinance.
On File 1892-P, a protest of 31% was received, therefore invoking the Rule on this case.
Councilmember Beaulieu requested that this item be deferred for two weeks.
4. Consider approving a request for an amended specific use permit to allow the expansion of
a wholesale heating and air conditioning supply business in a GC-MD(General Commercial-
Multiple Family Dwelling) District at 980 N. M.L.K. Parkway.
Administration recommended approval of a request for an amended specific use permit to
allow the expansion of a wholesale heating and air conditioning supply business in a GC-MD
(General Commercial-Multiple Family Dwelling) District at 980 N. M.L.K. Parkway.
Page 5 of 16 Minutes-July 24,2007
M.O. Kothawala, representing M & B Investments L.P., the applicant, is requesting an
amended specific use permit to allow the expansion of a wholesale heating and air
conditioning supply business in a GC-MD (General Commercial-Multiple Family Dwelling)
District. The property is located at 980 MLK Parkway.
In 1997, City Council approved a specific use permit to allow the existing wholesale heating
and air conditioning supply business. That business currently occupies 6,600 sq.ft.of building
space. Mr. Kothawala states that if he is allowed to add an additional 5,000 sq. ft. of space
to his existing building, the current tenant, ACR Supply L. P., will sign a new 10 year lease
agreement.
At a Joint Public Hearing held July 16, 2007,the Planning Commission voted 7:0 to approve
a request for an amended specific use permit to allow the expansion of a wholesale heating
and air conditioning supply business in a GC-MD (General Commercial-Multiple Family
Dwelling) District at 980 N. M.L.K. Parkway subject to the following conditions:
Reduce the size of the building to meet required setbacks or apply to the Board
of Adjustment for variances to the building setback requirements along the north
and east sides of the property.
Provide a 6' wide landscape strip along the southwest 43' of the parking lot.
and with a modification to the landscaping requirements along the northwest 120' of the
parking lot and along the east side of the subject property (no landscape strip along the
northwest 120' of the parking lot, a 6' wide landscape strip along the southwest 43' of the
parking lot and a 0'-5' wide landscape strip along the east property line).
COuncilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
AMENDING ORDINANCE NO.97-29 TO ALLOW THE EXPANSION OF A WHOLESALE HEATING AND AIR
CONDITIONING SUPPLY BUSINESS IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY
DWELLING) DISTRICT AT 980 N. M.L.K. PARKWAY IN THE CITY OF BEAUMONT, JEFFERSON
COUNTY, TEXAS. Mayor Pro Tern Samuel seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE, AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 07-075
5. Consider approving a request for an amended specific use permit to allow a repair shop for
an equipment rental business in a GC-MD (General Commercial-Multiple Family Dwelling)
District at 3450 W. Cardinal Drive.
Administration recommended approval of a request for an amended specific use permit to
allow a repair shop for an equipment rental business in a GC-MD (General Commercial-
Multiple Family Dwelling) District at 3450 W. Cardinal Drive.
Page 6 of 16 Minutes-July 24,2007
Alex Herrera, the applicant, is requesting an amended specific use permit to allow a repair
shop for the Hertz equipment rental business in a GC-MD (General Commercial-Multiple
Family Dwelling) District. The property is located at 3450 W. Cardinal.
It is now the desire of Hertz to construct a 60' x 125' equipment repair shop building on the
subject property. The facility shall be a pre-engineered metal building with three repair bays.
The hours of operation forthis new repairfacility will be 7:00 a.m.-5:00 p.m., Monday-Friday
and will be on call 24 hours a day for emergency road service repairs outside the facility.
Currently, a 6'tall chain link fence with plastic inserts exists along the north property line. Mr.
Herrera states that Hertz will erect an 8'tall wood privacy fence along the north property line.
In addition,the south side of the parking lot will be screened with crepe myrtles and a 2' high
hedge.
At a Joint Public Hearing held July 16, 2007,the Planning Commission voted 7:0 to approve
a request for an amended specific use permit to allow a repair shop for an equipment rental
business in a GC-MD (General Commercial-Multiple Family Dwelling) District at 3450 W.
Cardinal Drive subject to the following conditions:
1) No access to the property from Warren.
2) Retain the north 75 feet of the property as a buffer.
3) Install a 10'wooden privacyfence along the north boundarywith no razorwire
visible to the neighbors.
4) Normal business hours will be 7 a.m. - 5 p.m., Monday - Friday.
Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
AMENDING ORDINANCE NO. 96-28 TO ALLOW A REPAIR SHOP FOR AN EQUIPMENT RENTAL
BUSINESS IN A GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT AT 3450
W.CARDINAL DRIVE IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember
Pate seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE, AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 07-076
6. Consider approving a request for a specific use permit to allow a counseling service in the
CBD (Central Business District) at 480 Franklin.
The Administration recommended approval of a request for a specific use permit to allow a
counseling service in a CBD (Central Business District) at 480 Franklin.
Ella Mae Chisum, the applicant, is requesting a specific use permit to allow a counseling
service in the CBD (Central Business District). The property is located at 480 Franklin.
Page 7 of 16 Minutes-July 24,2007
Ms. Chisum states that she has been a licensed professional counselor for 8 years. She will
be using the subject property to provide mental health counseling to individuals, couples and
groups.
At a Joint Public Hearing held July 16, 2007,the Planning Commission voted 7:0 to approve
a request for a specific use permit to allow a counseling service in a CBD (Central Business
District) at 480 Franklin.
Councilmember Pate made a motion to ADOPT AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A COUNSELING SERVICE IN A CBD (CENTRAL BUSINESS DISTRICT) FOR
PROPERTY LOCATED AT 480 FRANKLIN IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS.
Mayor Pro Tern Samuel seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE, AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 07-077
7. Consider approving a request to amend Section 30-28(d)of the Code of Ordinances related
to allowing off-premise digital advertising signs.
The Administration recommended approval of a request to amend Section 30-28 (d)of the
City of Beaumont Code of Ordinances related to allowing off-premise digital advertising signs.
George Crawford, representing Lamar Advertising, came before the Planning Commission
on June 18,2007 in a workshop session to discuss amending the Zoning Ordinance to allow
off-premise digital advertising signs(billboards). The Planning Commission instructed staff
to develop regulations that would allow such billboards.
The Planning staff recommends the following ordinance amendments:
Section 30-4 (Definitions) -
Digital Billboard: An off-premise advertising sign displaying digital static images controlled
by electronic communications.
Section 30-28 (d) 3 (Advertising Signs Illumination) -
Illumination: Except for digital billboards as provided herein, advertising signs may be
illuminated only by indirect lighting subject to the following conditions:
• Signs which contain, include or are illuminated byflashing, intermittent or moving lights
are prohibited, except for digital billboards, as defined in this chapter. Signs giving
public service information such as, but not limited to,time,date,temperature,weather
or similar information shall be permitted.
Page 8 of 16 Minutes-July 24,2007
• Lighting shall be shielded to prevent beams or rays from being directed at any portion
of a traveled roadway or an occupied residential area and shall not be of such intensity
or brilliance as to cause or impair vision.
• Digital billboards that are illuminated shall be subject to the following restrictions:
• The image or message shall be static or fixed and lasting no less than
ten (10) seconds. Each screen message is to contain a single
advertisement;
• The image or message shall change to another image or message in
a period of two seconds or less;
• The image or message shall not be animated, flashing, scrolling or
contain video imagery,
• The image or message shall adjust its brightness as ambient light
levels change so as not to be visually distracting; and
• The digital billboard shall contain a default design that will freeze the
sign's image or message if a malfunction occurs.
At a Joint Public Hearing held July 16,2007,the Planning Commission voted 7:0 to approve
a request to amend Section 30-28 (d) of the City of Beaumont Code of Ordinances related
to allowing off-premise digital advertising signs, subject to each static message containing
only one advertiser.
Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
AMENDING CHAPTER 30,SUBSECTIONS 30-4(B)AND 30-28(D)(3)RELATING TO ALLOWING OFF-
PREMISES DIGITAL ADVERTISING SIGNS;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
AND PROVIDING A PENALTY. Councilmember Wright seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE, AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 07-078
8. Consider approving a request to abandon a 5'sanitary sewer easement along the rear of Lots
21 and 22 and part of Lots 21 and 24, Block 3, Caldwood Acres Addition at the northwest
corner of College and Chamberlin.
The Administration recommended approval of a request to abandon a 5' sanitary sewer
easement along the rear of Lots 21 and 22 and part of Lots 21 and 24, Block 3, Caldwood
Acres Addition at the northwest corner of College and Chamberlin subject to the relocation
of the sanitary sewer line at the expense of the property owner.
Fittz&Shipman, Inc. is requesting the abandonment of a 5'x 1 01'sanitary sewer easement
and a 2.5'x 43'sanitary easement located on property at the northwest corner of Chamberlin
and College. With the abandonment of these easements and an adjacent easement to the
east,the properties will better accommodate development. A proposed 15'utility easement
Page 9 of 16 Minutes-July 24,2007
is to be dedicated at the north end of the property to replace the abandoned easement. New
lines and easements are in place.
At a Joint Public Hearing held December 18, 2006, the Planning Commission voted 6:0:1 to
approve a request to abandon a 5'sanitary sewer easement along the rear of Lots 21 and 22
and part of Lots 21 and 24, Block 3, Caldwood Acres Addition at the northwest corner of
College and Chamberlin subject to relocation of the sanitary sewer line at the expense of the
property owner.
Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
ABANDONING A 5'AND A 2.5'WIDE SANITARY SEWER ALONG THE REAR OF LOTS 21 AND 22 AND
PART OF LOTS 21 AND 24, BLOCK 3,CALDWOOD ACRES ADDITION AT THE NORTHWEST CORNER
OF COLLEGE AND CHAMBERLIN STREETS IN BEAUMONT,JEFFERSON COUNTY,TEXAS. Mayor Pro
Tern Samuel seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE, AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 07-079
9. Consider approving a request to abandon a 5'sanitary sewer easement along the rear of Lots
22 and 23 and part of Lot 24, Block 3, Caldwood Acres Addition at the northwest corner of
College and Chamberlin.
The Administration recommendd approval of a request to abandon a 5' sanitary sewer
easement along the rear of Lots 22 and 23 and part of Lot 24, Block 3, Caldwood Acres
Addition at the northwest corner of College and Chamberlin subject to the 10"sanitary sewer
line that is located in the existing easement being moved to the satisfaction of the Water
Utilities Department.
Fittz&Shipman, Inc. is requesting the abandonment of a 5'x 121'sanitary sewer easement
located on property at the northwest corner of Chamberlin and College. With the
abandonment of this and adjacent easements to the west, the properties will better
accommodate development. A proposed 15'utility easement is to be dedicated at the north
end of the property to replace the abandoned easement.
This item was sent to all interested parties. Water Utilities initially recommended denial of the
request due to a 10" sanitary sewer line located in the existing easement. However, the
engineer and Fittz&Shipman have worked out the moving of the line to the new easement.
New lines and easements are in place.
At a Joint Public Hearing held December 18, 2006, the Planning Commission voted 6:0 to
approve a request to abandon a 5'sanitary sewer easement along the rear of Lots 22 and 23
and part of Lot 24, Block 3, Caldwood Acres Addition at the northwest corner of College and
Page 10 of 16 Minutes-July 24,2007
Chamberlin subject to the 10" sanitary sewer line that is located in the existing easement
being moved to the satisfaction of the Water Utilities Department.
Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
ABANDONING A V WIDE SANITARY SEWER EASEMENT ALONG THE REAR OF LOTS 22 AND 23 AND
PART OF LOT 24, BLOCK 3, CALDWOOD ACRES ADDITION AT THE NORTHWEST CORNER OF
COLLEGE AND CHAMBERLIN STREETS IN BEAUMONT, JEFFERSON COUNTY, TEXAS.
Councilmember Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE, AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 07-080
(Councilmember Samuel left the meeting at 2:15 p.m.)
10. Consider authorizing the City Manager to execute a Local Transportation Project Advanced
Funding Agreement with the Texas Department of Transportation(TxDOT)for the Old Dowlen
Road Project.
Administration recommended approval of a resolution authorizing the City Manager to execute
a Local Transportation Project Award Funding Agreement with the Texas Department of
Transportation (TxDOT) for the Old Dowlen Road Project.
The City of Beaumont has received Congestion Mitigation and Air Quality(CMAQ)funds to
reconstruct Old Dowlen Road from a point 2200 feet west of Dowlen Road to its intersection
with Dowlen Road. The proposed scope of work includes the construction of a two-lane
concrete curb and gutter roadway with a continuous left-turn lane with transit turnouts. The
City's participation in the$1,310,000 project is 20 percent or$262,000 of the total estimated
cost.
Additionally, Category 11 funding had been designated to construct Old Dowlen Road to State
Highway (SH) 105. The scope of work for this project will include the construction of a four-
lane concrete curb and gutter roadway and the relocation of the Old Dowlen and SH 105
intersection 500 feet to the west.
When these projects were submitted for funding it was anticipated that the construction time
between the projects would be several years. However,due to the availability of the Category
11 funding the entire project will be constructed at one time. The roadway will be constructed
as a four-lane concrete curb and gutter street.
Page 11 of 16 Minutes-July 24,2007
On May 1,2007,the City Council approved a revision to the agreements in which the CMAQ
funding would be eliminated and an additional $2,690,000 would be added to the Category
11 funding. The City's participation in the$6,100,000 project is approximately 34 percent or
$2,100,000 of the total estimated cost.
The City was recently notified that TxDOT wished to execute a new agreement rather than
revise the existing agreement. Approval of this proposed resolution is procedural in nature
and will not impact the terms of funding approved by City Council in May of 2007.
This project is funded as a part of the Capital Program.
Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THATTHE CITY MANAGER
BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A LOCAL TRANSPORTATION PROJECT ADVANCED
FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION(TXDOT)FOR THE OLD
DOWLEN ROAD PROJECT. Councilmember Wright seconded the motion.
AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE,
AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 07-219
11. Consider approving a resolution to accept the Downtown Improvements, Pearl Street(Calder
Avenue to College Street), Bowie Street (Pearl Street to Main Street) and Liberty (Pearl
Street to Main Street)Interlocking Concrete Brick Pavers Project,approve Change Order No.
3 and authorize final payment.
Administration recommended acceptance of the project, approval of Change Order No. 3 in
the amount of $4,408.69 and authorize final payment to Placo LTD. in the amount of
$114,776.40.
On May 17, 2005, the City Council awarded Placo, LTD. the contract for the Downtown
Improvements on Pearl, Bowie and Liberty in the amount of$2,094,178.15. Change Order
No. 1 was issued for the project.
Change Order No.. 3 in the amount of$4,408.69 is required to adjust the estimated quantities
on the project to reflect the actual quantities used during the performance of the project. This
Change Order will increase the contract amount to $2,271,010.39.
The MBE participation in the performance of the contract totals $473,717.68 representing
21% of the final contract amount. A copy of Schedule C identifying the MBE Participation is
attached. The project has been inspected by the Engineering Division and found to be in
accordance with the provisions and terms set out in the contract.
Funds are available in the Capital Program.
Page 12 of 16 Minutes-July 24,2007
COuncilmember Coleman made a motion tO APPROVE A RESOLUTION THAT THE CITY MANAGER
BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 3 IN THE AMOUNT OF
$4,408.69 INCREASING THE CONTRACT AMOUNT TO$2,271,010.39 AND THAT THE DOWNTOWN
IMPROVEMENTS,PEARL STREET(CALDER AVENUE TO COLLEGE STREET),BOWIE STREET(PEARL
STREET TO MAIN STREET),AND LIBERTY STREET(PEARL STREET TO MAIN STREET)INTERLOCKING
CONCRETE BRICK PAVERS PROJECT BE AND THE SAME IS HEREBY ACCEPTED AND THE CITY
MANAGER IS HEREBY AUTHORIZED TO MAKE FINAL PAYMENT IN THE AMOUNT OF$114,776.40 TO
PLACO, LTD. Councilmember Beaulieu seconded the motion.
AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE,
AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 07- 220
(Councilmember Samuel returned at 2:19 p.m.)
12. Consider approving a payment to the Beaumont Council of Garden Clubs.
Administration recommended the payment of$98,883.93 to the Beaumont Council of Garden
Clubs for reimbursement of costs associated with Hurricane Rita repairs to the Beaumont
Botanical Gardens and the Warren Loose Conservatory located in Tyrrell Park.
The gardens and conservatory sustained tremendous damage as a result of Hurricane Rita.
After the storm, City forces made reasonable emergency repairs to prevent further damage.
Although the Garden Club maintains the buildings, they are City owned structures and are
insured through the City's property insurance carrier.
Preparing and substantiating claim costs for each facility has been a tedious and lengthy
process. The Beaumont Council of Garden Clubs recognized that their facilities would be
covered by the City's insurance but that repairs could not be completed prior to the 2005
winter season. Since they were concerned about the possible loss of the tropical plant
collection, an anonymous garden club member loaned the Beaumont Council of Garden Clubs
funds in the amount of$98,883.93 to make all of the needed repairs with the understanding
that they would be reimbursed after payment was received from the City's insurance carrier.
The City's public adjuster and the insurance carrier's adjuster have agreed to the submitted
claims. Repairs related to hurricane damage include rebuilding a shelter, greenhouses,
removal and replacement of fences, debris removal, construction of a storage facility,
electrical repairs, and flag pole replacement. Attached is an itemized list of costs and
payments made by the Beaumont Council of Garden Clubs for repairs.
This expenditure will be funded from insurance proceeds.
Page 13 of 16 Minutes-July 24,2007
Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL
HEREBY APPROVE PAYMENT OF$89,883.93 TO THE BEAUMONT COUNCIL OF GARDEN CLUBS FOR
REIMBURSEMENT OF COSTS ASSOCIATED WITH HURRICANE RITA REPAIRS TO THE BEAUMONT
BOTANICAL GARDENS AND THE WARREN LOOSE CONSERVATORY LOCATED IN TYRRELL PARK.
Councilmember Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE, AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 07- 221
COUNCILMEMBER COMMENTS
COUNCILMEMBER SMITH - THANKED MAYOR PRO TEM SAMUEL FOR INVITING HIM TO
THE CONCERT IN THE PARK AT MAGNOLIA PARK,
ANNOUNCED THAT THE SOUTH PARK NEIGHBORHOOD
ASSOCIATION WILL MEET ON THURSDAY JULY 26,2007 AT
6:30 P.M., AT SOUTH PARK BAPTIST CHURCH IN THE
FELLOWSHIP HALL, ALSO A TOWN HALL MEETING WILL BE
HELD AT THE L.L. MELTON YMCA ON THURSDAY AUGUST
2,2007 AT 5:30 P.M.,CONDOLENCES TO THE BOBB FAMILY
OF PORT ARTHUR,WHO LOST THEIR SON IN IRAQ THIS PAST
WEEK
MAYOR PRO TEM SAMUEL- COMMENTED ON THE CONCERT IN THE PARK AT MAGNOLIA
PARK, GREAT TURNOUT, ALSO COMMENTED ON THE JAZZ
FEST THIS WEEKEND, ENCOURAGED EVERYONE TO COME
OUT AND JOIN IN THE FUN, ALSO THANKED THE CITY
MANAGER AND PARK STAFF FOR THE WORK THEY DO
DURING THE CONCERTS IN THE PARK
COUNCILMEMBER PATE- COMMENTED ON THE CONCERT IN THE PARK AT MAGNOLIA
PARK,GREAT TURNOUT,JAZZ INNOVATORS DID A FINE JOB,
ALSO ENCOURAGED EVERYONE TO COME OUT TO THE JAZZ
FEST THIS WEEKEND
COUNCILMEMBER WRIGHT- STATED THAT SHE WAS SORRY THAT SHE MISSED THE
CONCERTS IN THE PARK,WAS AWAY IN MAGNOLIA SPRINGS
FOR A FAMILY REUNION
COUNCILMEMBER BEAULIEU - NONE
Page 14 of 16 Minutes-July 24,2007
COUNCILMEMBER COLEMAN - THANKED TOM WARNER AND HANI TOHME WHO HELPED
CONSTITUENTS IN HIS WARD THAT HAD COMPLAINTS A FEW
WEEKS AGO, ALSO WISHED THE OLD TOWN
NEIGHBORHOOD ASSOCIATION GOOD LUCK ON THE
PROJECT THEY ARE INVOLVED IN
CITY ATTORNEY COOPER - NONE
CITY MANAGER HAYES - NONE
MAYOR AMES - ANNOUNCED THE 2ND ANNUAL JAZZ FEST AND ALL OF THE
SPONSORS,ALSO ANNOUNCED THAT COUNCIL WILL HAVE A
WORKSHOP ON TUESDAY JULY 31, 2007 AT THE ARTS
MUSEUM AT 1:30 P.M. INSTEAD OF A COUNCIL MEETING,
AS WELL AS WHAT WILL BE DISCUSSED IN THE WORKSHOP,
COMMENTED ON THE WARD IV TOWN HALL MEETING ON
AUGUST 2, 2007 AT 5:30 P.M.
Public Comments (Persons are limited to three minutes)
Mary Ann Mastrangelo 850 Avenue D Beaumont TX
Thanked the City Manager for supporting their petition to HUD this year,thanked the Council
and Mayor Pro Tern Samuel for taking the time to hear about their project.Apologized for not
including the neighborhood in the process of this project.
Bruce Hoffer 2615 Gladys Beaumont TX
Addressed the issue of street problems at 11th St., between Delaware and 1-10 as well as
along 7th St. and McFaddin, commented on the residential care facility for adult offenders,
suggested that the facility be located on Calder instead of McFaddin, discussed soccer and
welcomed the new Councilmember of Ward I, Dr. Coleman
Gary L. Robbins 9805 Phelan Blvd. Beaumont TX
Commented on the Phelan Blvd. Expansion Project, asked why the City is adding a 500'
medium
Marie Hubbard 1990 Nora Street Beaumont TX
Spoke regarding herfriendship with CouncimemberCokinos, stated she has been receiving
phone calls from citizens inquiring whether the Theodore Johns Library would be closing,
inquired about the bricks on the MIX K Parkway and what will become of the them, asked that
Councilmember Coleman check the high grass on the corner of Southerland
Open session of meeting recessed at 2:42 p.m.
Page 15 of 16 Minutes-July 24,2007
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with Section
551.071 of the Government Code:
Claim of Troy Haskin, Jr., a/n/f of Dominisha T. Haskin, A Minor
Claim of Gloria Martinez a/n/f of Dalahia Martinex, A Minor
Claim of Aurora Hector a/n/f of Ebony Johnson, A Minor
Claim of Elizabeth Wrighting a/n/f of Quentaxia Wrighting, A Minor
Claim of Valeria Griffin a/n/f of Tegan Griffin, A Minor
Claim of April L. Harrison a/n/f of Aaron Harrison, A Minor
Claim of Sheri and Lucinda Hilts a/n/f Sherri Hilts, A Minor
Claim of Delia Masong
There being no action taken in Executive Session, Council adjourned.
Audio recordings are available upon request in the City Clerk's Office.
Becky Ames,&fayor % tj,
Tina Broussard, City Clerk
t ,
Page 16 of 16 Minutes-July 24,2007