HomeMy WebLinkAboutMIN SEP 01 2009 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 Nancy Beaulieu, Ward II
Audwin Samuel, Ward III September 1, 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 September 1, 2009,
at the Beaumont Civic Center, 701 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 2-3/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 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,
Beaulieu, Pate, Samuel and Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper,
City Attorney; Tina Broussard, City Clerk.
Proclamations, Presentations, Recognitions
None
Public Comment: Persons may speak on scheduled agenda items 2-3/Consent Agenda.
None
CONSENT AGENDA
Approval of minutes - August 25, 2009
Confirmation of committee appointments - None
A) Approve Change Order No. 1 for extra work on the Athletic Complex tennis courts project-
Resolution 09 - 257
Minutes-September 1,2009
B) Authorize the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter
Mains Contract-XV Project for "extra work" - Resolution 09 - 258
C) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary
sewer improvements in Withers and Walton Streets for Pointe North, Hope VI New Housing-
Resolution 09 - 259
D) Authorize the granting of a Pipeline License Agreement to cross Phelan/Old Sour Lake Road
and Keith Road rights-of-way near the Beaumont Municipal Airport - Resolution 09 - 260
Mayor Pro Tern Wright made a motion to approve the Consent Agenda. Councilmember
Beaulieu seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
BEAULIEU, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
1. Consider a request for an amended specific use permit to allow the expansion of a medical
office in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 5220
Eastex Freeway.
Administration recommended approval of the amended specific use permit to allow the
expansion of a medical office in an RM-H (Residential Multiple Family Dwelling-Highest
Density) District at 5220 Eastex Freeway.
Dr. John Webb, representing Beaumont Medical Clinic, has applied for an amended specific
use permit.
In August, 1986, City Council approved a specific use permit to allow a parking lot on the
subject property. The parking lot was to serve the Medi-Quick Medical Care Centers medical
office that was located at 5220 Eastex Freeway. At that time,the property was also rezoned
to RM-H.
Beaumont Medical Clinic,the current tenant, has moved a 2,016 sq.ft. portable commercial
building onto a portion of the rear parking lot to augment the existing medical practice. A
building permit was applied for on July 3, 2007. The building had been moved to its present
location approximately seven days prior to the permit application.
Dr. Webb states that the building will be open from 8:30 a.m. to 6:00 p.m. A 7' tall wood
screening fence exists along the north property line and a portion of the east property line.
Staff has been informed that the building will be at this location for two years. However,
windstorm requirements require that the building be placed on a permanent foundation.
Pacle 2 of 6 Minutes-September 1,2009
With the placement of the building, the parking lot is being re-arranged to accommodate 39
parking spaces. Twenty-two parking spaces are required for the existing building and the new
addition.
At a Joint Public Hearing held August 17, 2009, the Planning Commission recommended
approval 6:0 of an amended specific use permit subject to the following condition:
• The building shall meet all building code requirements and shall be securely
fixed to a permanent foundation.
At the City Council meeting held August 25, 2009, the amended specific use permit was
conditionally approved. However, the address was incorrectly stated as 4229 Eastex
Freeway. The address of the subject property is 5220 Eastex Freeway.
Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
AMENDING ORDINANCE NO. 09-043 TO CORRECT THE PROPERTY DESCRIPTION FOR THE
EXPANSION OF A MEDICAL OFFICE IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING -
HIGHEST DENSITY)DISTRICT AT 5220 EASTEX FREEWAY. Councilmember Beaulieu seconded
the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
BEAULIEU, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 09 - 048
2. Consider exercising the option to purchase the Jefferson Theatre.
Administration recommended exercising the option to purchase the Jefferson Theatre for one
dollar ($1.00).
In June 2006, the City entered into an agreement with the Jefferson Theatre Limited
Partnership (JTLP)to assume all responsibilities for the operation and maintenance of the
Jefferson Theatre.JTLP received tax credits as a part of a major renovation in 2003 and could
not relinquish ownership until after June 2009. The agreement grants the City 1St right of
refusal to purchase the Jefferson Theatre for one dollar ($1 .00).
The agreement stipulates that upon exercising this option, the City will prepare a Special
Warranty Deed transferring title to the City.
Daily operation and maintenance of the facility is managed by the Event Facilities and
Libraries Department. Since the City has assumed maintenance of the facility, the roof has
been replaced and the outdoor marquee has been refurbished.
Funds are available in the Event Facilities and Libraries Department budget.
Page 3 of 6 Minutes-September 1,2009
Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE OPTION TO
PURCHASE THE JEFFERSON THEATRE FOR THE AMOUNT OF ONE DOLLAR ($1.00) BE AND THE
SAME IS HEREBY EXERCISED, SAID PROPERTY TO BE CONVEYED TO THE CITY OF BEAUMONT BY
SPECIAL WARRANTY DEED. Mayor Pro Tern Wright seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
BEAULIEU, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 09 - 261
3. Consider approving contracts for grounds maintenance of City parks.
Administration recommended the award of annual contracts to Garden of Gethsemane
Nursery&Landscaping, LLC, of Beaumont in the estimated amount of$71,571, and Perfect
Cut Lawn Care of Beaumont in the estimated amount of $62,784.
This contract provides labor, materials and equipment for grounds maintenance for twenty-
nine (29) parks totaling approximately two hundred eighteen (218) acres and twenty (20)
triangles totaling approximately three (3) acres. The contract is for one year with renewal
options not to exceed two years at the contract prices.
In previous years it has been difficult for a single contractor to maintain the volume of work
required; therefore, the contract has been divided geographically into four sections.
Eleven (11)vendors were notified with nine(9)vendors responding. Bidders were requested
to bid each section separately and bids were evaluated for price, experience, and capability
to successfully perform the work. The lowest bidder for all four sections was Garden of
Gethsemane. The next lowest bidder was Perfect Cut Lawn Care. The most advantageous
award based on the criteria is Sections I, II and IV to Garden of Gethsemane and Section I I I
to Perfect Cut Lawn Care.
Funds are available for this expenditure in the Parks and Recreation Department's operating
budget.
Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE BIDS
SUBMITTED BY GARDEN OF GETHSEMANE NURSERY&LANDSCAPING,LLC,IN THE TOTAL AMOUNT
OF $71,571 AND PERFECT CUT LAWN CARE IN THE AMOUNT OF $62,784 FOR ANNUAL
CONTRACTS FOR GROUNDS MAINTENANCE OF CITY PARKS AND TRIANGLES BE ACCEPTED BY THE
CITY OF BEAUMONT. Councilmember Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
BEAULIEU, PATE, SAMUEL AND SMITH
NAYS: NONE
Page 4 of 6 Minutes-September 1,2009
MOTION PASSED
Resolution 09 - 262
Mayor Ames read the announcement regarding Executive Session being held at the
conclusion of the General Business portion of the meeting.
PUBLIC HEARING
Receive comments on the proposed 2009 (FY 2010) Proposed Tax Rate
Public Hearing Open - 1:41 p.m.
Public Hearing Close - 1:42 p.m.
COUNCILMEMBER COMMENTS
COUNCILMEMBER SMITH - THANKED EVERYONE FOR THEIR PRAYERS FOR THE
RECOVERY OF HIS STEP-FATHER AND MOTHER-IN-LAW,
BOTH ARE DOING MUCH BETTER
COUNCILMEMBER SAMUEL - NONE
COUNCILMEMBER PATE - STATED THAT LABOR DAY WEEKEND WILL BE COMING UP,
ENCOURAGED EVERYONE TO BE SAFE, WEAR THEIR SEAT
BELTS AND DRIVE SAFELY
MAYOR PRO TEM WRIGHT - NONE
COUNCILMEMBER BEAULIEU - NONE
COUNCILMEMBER COLEMAN - NONE
CITY ATTORNEY COOPER - NONE
CITY MANAGER HAYES - INTRODUCED DANIELLE UNDERFERTH, THE NEW
COMMUNICATIONS MANAGER, FROM BALTIMORE,
MARYLAND
MAYOR AMES - NONE
Public Comments (Persons are limited to three minutes)
Paul L. Jones 10033 Brooks Rd. Beaumont TX
Commented on the police video that he observed on the news involving a citizen,would also
like to know if the officers involved in this incident live in the City of Beaumont
Page:5 of 6 Minutes-September 1,2009
Joanne Brown 3595 Wheat Beaumont TX
Commented on the need of more personnel in the area of First Responders through LIT, also
invited all uniformed personnel to come and eat for free at United Wesley Methodist Church
on September 10, 2009, in remembrance of 9/11
Paul A. Brown 4370 Cartwright Beaumont TX
Commended City Council for doing an excellentjob, commented on the incident that occurred
between a citizen and Beaumont Police Officers
Vernon Durden 2110 Westbury Beaumont TX
Requested that Council consider putting a Citizen Committee in place, with each
Councilmember appointing a person from each ward, meeting monthly or quarterly and
reporting to the Mayor, this committee will deal with the issues that are occurring in the City
of Beaumont
Louis Vaughn 9615 Mapes Beaumont TX
Spoke in regards to BISD and South Park School, stated that the City Council has a moral
obligation to step in and condemn the building, as well as having a voice for the children, also
requested that the City check the wooded area near Westbrook High School,the weeds are
at least 12 inches high and needs to be cut down
Open session of meeting recessed at 1:58 p.m.
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with Section
551.071 of the Government Code:
Douglas Manning, et al v. City of Beaumont
Derrick Newman v. David Todd Burke, et al
Fannett Entertainment, Inc., v. City of Beaumont, et al
There being no action taken in Executive Session, Council adjourned.
Audio available upon request in the City Clerk's Office.
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9- Minutes-September 1,2009