HomeMy WebLinkAboutMIN APR 07 2009 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, Ward II
Audwin Samuel, Mayor Pro Tem, Ward III April 7, 2009 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 April 7,2009,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 Edward Johnson of the Word of God Christian 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 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
"Child Abuse Prevention Month" - April, 2009 - Proclamation read by Councilmember
Beaulieu; accepted by Sharie Pullium with Child Protective Services and Guests from other
entities
"National Parkinson's Disease Month"-April,2009-Proclamation ready by MayorAmes;
accepted by Mindy Isen
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 3-6/Consent Agenda.
None
CONSENT AGENDA
Approval of minutes - March 31, 2009
Minutes-April 7,2009
Confirmation of committee appointments - None
A) Approve a resolution to allow a substitution of collateral held at the Federal Reserve Bank-
Resolution 09 - 089
B) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary
sewer improvements in the Summer Place Phase I Subdivision - Resolution 09 - 090
C) Authorize the acceptance of a water line easement to provide access for fire protection
services at the new YMCA located at 9195 Dishman - Resolution 09 - 091
D) Authorize the acceptance of a water line easement to provide access for fire protection
services at the Baymont Motel on Cardinal Drive - Resolution 09 - 092
E) Authorize the acceptance of a water line easement to provide access for fire protection
services to Hidden Lake RV Park, Phase II located on Highway 124 [Fannett Road] -
Resolution 09 - 093
F) Authorize the acceptance of two utility easements to provide service to the new Summer
Place Nursing Home located at 2485 S. Major Drive - Resolution 09 - 094
Councilmember Wright made a motion to approve the Consent Agenda. Councilmember
Beaulieu seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
1. Consider a request for a zone change from RS (Residential Single Family Dwelling) District
to LI (Light Industrial) District at 6045 College Street.
Administration recommended approval of the request.
A-Lisotta Mini Stor-All, DD#6 and Captain's Cars, Inc. have applied for the zone change.
A building on the west side of A-Lisotta's Mini Stor-All was severely damaged during
Hurricane Ike. This building is located on property that is currently zoned RS. The Zoning
Ordinance states that a legal non-conforming use that is located within a building that is 60%
or more destroyed by an act of God can no longer occupy that building.
The zone change will allow A-Lisotta's Mini Stor-All to reconstruct the building to its original
dimensions.
Page 2 of 9 Minutes-April 7,2009
At a Joint Public Hearing held March 30, 2009, the Planning Commission recommended
approval 6:0:1 of a zone change from RS (Residential Single Family Dwelling) District to LI
(Light Industrial) District at 6045 College Street.
Councilmember Pate 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 RS (RESIDENTIAL SINGLE
FAMILY DWELLING) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED AT
6045 COLLEGE STREET,BEAUMONT,JEFFERSON COUNTY,TEXAS;PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Coleman seconded the
motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 09 - 015
2. Consider a request fora specific use permit to allow a YMCA in an RM-H (Residential Multiple
Family Dwelling-Highest Density) District at 9195 Dishman.
Administration recommended approval of the request with a waiver of the
screening/landscaping requirement along the east, west and south property lines.
Long Architects, Inc. has applied for a specific use permit.
This new facility will have a number of family-oriented features that includes:
- an exterior heated pool
- wellness area that will incorporate various types of exercise equipment
- aerobics room
- locker and shower facilities
- children and youth activities areas
- eight tennis courts
- two football fields
- two baseball fields
- three sand volleyball courts
- spray ground area next to the swimming pool.
The YMCA facility will be built in several phases. Initially,the swimming pool and the building
housing the indoor activities will be constructed with the other facilities being built overtime.
Page 3 of 9 Minutes-April 7,2009
At a Joint Public Hearing held March 30, 2009, the Planning Commission recommended
approval 7:0 of a specific use permit to allow a YMCA in an RM-H (Residential Multiple
Family Dwelling-Highest Density) District at 9195 Dishman with a waiver of the
screening/landscaping requirement along the east, west and south property lines.
Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
GRANTING A SPECIFIC USE PERMIT TO ALLOW A YMCA FACILITY IN AN RM-H (RESIDENTIAL
MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT 9195 DISHMAN IN THE
CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Beaulieu seconded the
motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 09 - 016
3. Consider a request to abandon a 30'x 70.52'portion of an unnamed 30'street and drainage
easement.
Administration recommended approval of the request.
Harry Fuller has applied for the abandonment. The subject property is approximately 118'
east of the dead-end of Kipling Drive.
Mr. Fuller states that the subject property is adjacent to a DD#6 right-of-way and is a dead-
end section that has not been used since deeded to the City by the subdivision developer in
1956. He owns the lot directly adjacent to the easement as well as the two contiguous lots.
His lots all front on Kipling.
At a Regular Meeting held March 30,2009,the Planning Commission recommended approval
7:0 to abandon a 30' x 70.52' portion of an unnamed 30' street and drainage easement
located approximately 118' east of the dead-end of Kipling Drive.
Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
VACATING AND ABANDONING A 30'x 70.52'PORTION OF AN UNNAMED 30'STREETAND DRAINAGE
EASEMENT LOCATED APPROXIMATELY 118' EAST OF THE DEAD-END OF KIPLING DRIVE,
BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Wright seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Page 4 of 9 Minutes-April 7,2009
Ordinance 09 - 017
4. Consider amending Ordinance No.28,Article III,Water and Sewer Regulations to change the
billing structure for apartment complexes and mobile home parks.
Administration recommended amending Ordinance No. 28, Article III, Water and Sewer
Regulations Generally, Section 28.50,Water Service Rates and Section 28.51,Wastewater
Service Rates, to change the billing structure for apartment complexes and mobile home
parks.
A work session was held on February 10, 2009, to discuss the billing structure for water and
sewer usage for apartment complexes and mobile home parks. Prior to 1988, apartments
and mobile home parks were billed a minimum monthly water and wastewater charge per unit.
In 1988,the Ordinance was amended to bill apartments and mobile homes a minimum water
and wastewater charge based on the size of the meter. Water usage and wastewater
discharges by apartment units and mobile homes are equivalent to a residence. The
proposed Ordinance Amendment will establish a billing structure to once again charge them
per unit. Apartments and mobile home parks will be defined as having four(4)or more units
and to account for vacancies, only 75% of the units will be billed. The impact of the change
will be phased in over eighteen(18)months.This amendment is to implement the first phase
which will be effective six months from adoption.
Councilmember Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
AMENDING CHAPTER 28, ARTICLE III, SECTIONS 28-50, WATER SERVICE RATES, AND 28-51,
WASTEWATER SERVICE RATES, OF THE CODE OF ORDINANCES TO CHANGE THE BILLING
STRUCTURE FOR APARTMENT COMPLEXES AND MOBILE HOME PARKS; PROVIDING FOR REPEAL;
PROVIDING A PENALTY;AND PROVIDING AN EFFECTIVE DATE. Councilmember Pate seconded
the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 09 - 018
5. Consider approving a one (1) year contract for the purchase of various types of manhole
covers, manholes and sewer materials.
Administration recommended the award of a contract to ACT Pipe and Supply of Beaumont,
Texas for the estimated total annual expenditure of $139,727.80.
Bids were requested for an annual contract for manhole covers, manholes and other sewer
related materials for the use by the Water Utilities Department. The materials are used in the
repair and installation of sewer lines.
Page 5 of 9 Minutes-April 7,2009
Fifteen (15) vendors were notified, with five (5) responding with bids.
Funds are available in the Water Utilities Department's operating budget.
Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED
BY ACT PIPE AND SUPPLY FOR A ONE (1) YEAR CONTRACT FOR THE PURCHASE OF MANHOLES,
MANHOLE COVERS AND SEWER MATERIALS FOR USE BY THE WATER UTILITIES DEPARTMENT BE
ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 09 - 095
6. Consider approving Change Order No. 2 for the Calder Avenue Drainage Project Phase I.
Administration recommended approval of Change Order No.2 in the amount of$45,620.40
for adding and deleting construction item quantities to the Calder Avenue Drainage Project
Phase I.
On June 10,2008, City Council awarded Reytec Construction Resources, Inc.the contract for
the Calder Avenue Drainage Project Phase I in the amount of$23,733,567.95.Change Order
No.1 in the amount of ($59,762.39) was approved by City Council on December 8, 2008,
decreasing the contract amount to $23,673,805.56.
Change Order No. 2 is required to add and delete construction item quantities for roadway
and drainage system improvements to the contract. This Change Order in the amount of
$45,620.40 will increase the contract amount to $23,719,425.96.
Funds are available in the Capital Program.
Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER
IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 2 IN THE AMOUNT OF $45,620.40
THEREBY INCREASING THE CONTRACT AMOUNT TO $23,719,425.96. Councilmember Smith
seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, PATE AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 09 - 096
Page 6 of 9 Minutes-April 7,2009
COUNCILMEMBER COMMENTS
MAYOR AMES - REQUESTED THAT COUNCIL CONSIDER AN AD-HOC
EXPLORATORY COMMITTEE TO EXPLORE THE FEASIBILITY
OF VARIOUS RECYCLING EFFORTS,EACH COUNCILMEMBER
WILL HAVE AN APPOINTEE THAT WILL SURVEY OTHER CITIES
OF OUR SIZE WITH SIMILAR DEMOGRAPHICS, EACH
APPOINTEE WOULD COME REPORT BACK TO COUNCIL WITH
A REASONABLE RECOMMENDATION,THERE HAS BEEN A LOT
OF TALK REGARDING THE RECYCLING AND SEVERAL
CITIZENS ARE INTERESTED,THE MAYORASKED THAT THIS BE
DONE THROUGH A COUNCIL COMMITTEE BY RESOLUTION,
SHE ASKED THAT THE CITY ATTORNEY PREPARE A
RESOLUTION FOR THIS COMMITTEE, ALSO ANNOUNCED A
COUNCIL WORKSHOP ON JUNE 23, 2009 FROM 10:00 A.M.
UNTIL 5:00 P.M.,THE MEETING WILL BE POSTED AS WOULD
A REGULAR COUNCIL MEETING,COMMENTED ON THE LITTER
CONTROL GREEN SUMMIT,THANKED THE MCFADDIN WARD
HOUSE STAFF FOR ALL THAT THEY WILL BE DOING FOR THIS
SUMMIT
COUNCILMEMBER COLEMAN - NONE
COUNCILMEMBER BEAULIEU - NONE
COUNCILMEMBER WRIGHT- INVITED EVERYONE THAT DOES NOT HAVE A PLACE TO
WORSHIP ON EASTER SUNDAY TO WORSHIP AT THE ST.
.LAMES, TRINITY AND THE MCCABE ROBERTS AVENUE
METHODIST CHURCH'S FOR SUNRISE SERVICE AT 6:00
A.M.,ASKED EVERYONE TO REMEMBER THE EASTER SEASON
AND WHAT IT STANDS FOR
COUNCILMEMBER PATE - NONE
MAYOR PRO TEM SAMUEL- THANKED THE CHARLTON POLLARD NEIGHBORHOOD FOR A
GREAT JOB ON THE CLEAN UP, THANKED THE OTHER
NEIGHBORHOOD ASSOCIATIONS THAT PARTICIPATED,
THANKED COUNCILMEMBERS WRIGHT AND COLEMAN FOR
COMING OUT, THANKED EVANGELINE GEORGE AND THE
GOLDEN TRIANGLE REPUBLICAN WOMEN (GTRW) FOR
INVITING HIM TO THE LUNCHEON THEY SPONSORED ON
SUNDAY, APRIL 6, 2009
COUNCILMEMBER SMITH - ANNOUNCED AN EASTER EGG HUNT, ON SATURDAY APRIL
11, 2009, AT IMAGINATION STATION, STARTING AT
11:00A.M. UNTIL 3:00 P.M., ALSO HARVEST FOR LOST
SOULS OUT REACH MINISTRY WILL BE HAVING "THE
Page 7 of 9 Minutes-April 7,2009
CHEAPEST GAS IN TOWN" EVENT,A DOLLAR PER GALLON
FOR GAS,FOR TWO HOURS ONLY,ON SATURDAY APRIL 11,
2009,FREE FOOD WILL BE GIVEN AWAY,LOCATION WILL BE
MLK AND GULF AT IH 10, FROM 12:00 P.M. TO 2:00 P.M
CITY ATTORNEY COOPER - NONE
CITY MANAGER HAYES - NONE
Public Comments (Persons are limited to three minutes)
Keith Beaupre 9305 Phelan Beaumont TX
Spoke regarding the proposed apartment complex, Sterling Heights Development, stated
that development will increase crime,trash,graffiti and traffic,asked that Council not approve
a permit to build this development
Nancy Robbins 9805 Phelan Blvd. Beaumont TX
Spoke regarding the proposed apartment complex, Sterling Heights Development, she
opposes the project, also homeowners were not sent notices regarding this development
Gary Robbins 9808 Phelan Blvd. Beaumont TX
Commented on the proposed apartment complex, Sterling Heights Development, as a
property owner requested that this project be turned down
Open session of meeting recessed at 2:25 p.m.
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with Section
551.071 of the Government Code:
Cause No. E-182,229; Robert F. Ramsey, Sr. vs. City of Beaumont
Cause No. B-181,855; Carolyn Faul vs. Terrance McFarland Moss, et al
Consider matters related to contemplated or pending litigation in accordance with Section
551.074 of the Government Code:
City Magistrate Applicants - Randall Collins, Jonathan Stovall, James Mehaffy,
Jimmy Hamm, Brent Turk and Terrence Holmes
Page 8 of 9 Minutes-April 7,2009
There being no action taken in Executive Session, Council adjourned.
Audio available upon request in the City Clerk's Office.
B cky Ames, Ma rrl�
rl�w co
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Tina Broussard, City Clerk
Page 9 of 9 Minutes-April 7,2009