HomeMy WebLinkAboutMIN OCT 27 2009 M I N U T E S - CITY OF BEAUMONT
W.L. Pate, Jr., At-Large BECKY AMES, MAYOR Gethrel Wright, Mayor Pro Tom
Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Ward 11
Audwin Samuel, Ward III October 27, 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 October 27, 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 5 and 6/Consent Agenda
Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Dr. James Fuller, Pastor of Calder Baptist Church gave the invocation. Councilmember Smith led
the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk.
Present at the meeting were Mayor Ames, Mayor Pro Tem Wright, Councilmembers Coleman,
Samuel and Smith. Absent: Councilmembers Beaulieu and Pate. Also present were Kyle Hayes,
City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk.
Councilmembers Beaulieu and Pate are both attending a Conference.
Proclamations, Presentations, Recognitions
"Domestic Violence Awareness Month" - October, 2009 - Proclamation read by Mayor
Pro Tern Wright; accepted by Yvette Borrero, Sergeant with the Beaumont Family Violence
Task Force and staff
Presentation- Employees received Service Awards for 30, 35 and 40 years of Service, the
awards were presented by Mayor Ames and City Manager Kyle Hayes
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 5 and 6/Consent Agenda.
None
Minutes-October 27,2009
CONSENT AGENDA
Approval of minutes - October 13, 2009
Confirmation of committee appointments - None
A) Authorize the City Manager to enter into a contract for the provision of relocation assistance
for the owner of a house flooded during Hurricane Ike in conjunction with the approved Hazard
Mitigation Grant Program's Acquisition and Demolition Program - Resolution 09 - 323
B) Authorize the acceptance of a water line easement to provide water services for the BISD
Multi-Purpose Facility - Resolution 09 - 324
C) Authorize the granting of a Utility Crossing Agreement to cross city utility easements outside
the corporate limits - Resolution 09 - 325
D) Authorize the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter
Mains Contract-XVI Project for "extra work" - Resolution 09 - 326
E) Authorize the City Manager to increase the Sanitary Sewer System Improvements 16-Inch
Force Main Florida Avenue Project for "extra work" - Resolution 09 - 327
F) Approve a resolution requesting a change in investment authority for the City of Beaumont-
Resolution 09 - 328
G) Authorize the City Manager to enter into a memorandum of understanding with Christus St.
Elizabeth Hospital for the Hospital to make application of grant funding through the Pre-
Disaster Mitigation Program and the Port Security Grant Program - Resolution 09 - 329
Councilmember Samuel made a motion to approve the Consent Agenda. Mayor Pro Tern
Wright seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
1. Considera requestforan HC-L(Historic Cultural Landmark Preservation) Designation at407
7th Street.
Administration recommended denial of the HC-L Designation.
Tom Hinson has applied for the HC-L Designation.
Page 2 of 9 Minutes-October 27,2009
The structure was constructed c. 1906 and is of the Neoclassical style. The structure is
currently vacant and in bad repair. The City of Beaumont tagged the structure as substandard
in June, 2007. In September, 2008, the Historic Landmark Commission approved a
certificate of appropriateness to allow the demolition of the structure.
Mr. Hinson acquired the property in 2008 with the intention of restoring it. On August 25,
2008, Mr. Hinson was granted a Temporary Injunction to prohibit the City of Beaumont from
proceeding with the demolition for 150 days and to allow Mr. Hinson to bring the structure into
compliance with city codes and to obtain a certificate of occupancy. The 150 days expired
on January 25, 2009.
The only building permit that Mr. Hinson has received is an Ike commercial re-roof that was
issued on December 12, 2008. No other permits have been issued.
Due to the fact that Mr. Hinson did not complete the renovation and did not receive a
certificate of occupancy within the time frame required by the Temporary Injunction, the has
doubts that the structure will be brought up to code. The property continues to be an eyesore
and detriment to the neighborhood.
On September 12, 2009,the Historic Landmark Commission recommended denial by a vote
of 5:2.
At a Joint Public Hearing held October 19, 2009, the Planning Commission recommended
4:2 to deny the HC-L Designation.
Councllmember Coleman moved to DENY 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 ESTABLISHING AN HC-L (HISTORICAL-CULTURAL LANDMARK PRESERVATION)
DESIGNATION FOR PROPERTY LOCATED AT 407 7T" STREET, BEAUMONT, JEFFERSON COUNTY,
TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY.
Mayor Pro Tern Wright seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
2. Consider a request for a zone change from RS (Residential Single Family Dwelling) District
to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use
permit to allow a self-storage warehouse facility in a GC-MD-2 District on Pinchback Road.
Fittz and Shipman has applied for the zone change and specific use permit.
Page 3 of 9 Minutes-October 27,2009
Austin Dishman,the property owner, proposes to construct approximately 321 storage units
in over 211,000 sq. ft. of building area.
At a Joint Public Hearing held October 19, 2009, the Planning Commission recommended
6:0 to approve the zone change and specific use permit subject to the following conditions:
• Provide a underground drainage system with outfall to the DD#6 drainage ditch.
• The building setbacks along the north and south property lines shall be a
minimum of 20 feet or a variance to the setback requirements must be granted
by the Board of Adjustment.
• An 8 foot tall wood screening fence and a 10 foot wide landscape strip shall be
installed around the single family property that is surrounded by the subject
property.
• Directional lighting shall be used to minimize the impact on surrounding
residential properties.
and with a modification to the landscaping/screening requirements along the north, south and
west property lines (no 8 foot fence or 10 foot landscape strip).
Councilmember Smith made a motion 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 GC-MD-2 (GENERAL COMMERCIAL-
MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED ON THE WEST SIDE OF
PINCHBACK ROAD, BETWEEN THE MISSOURI PACIFIC RAILROAD AND THE T. & N.O. RAILROAD
TRACKS,IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS;PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Mayor Pro Tern Wright seconded the
motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 09 - 059
Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
GRANTING A SPECIFIC USE PERMIT TO ALLOW A SELF-STORAGE WAREHOUSE FACILITY IN A GC-
MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT LOCATED ON THE WEST
SIDE OF PINCHBACK ROAD, BETWEEN THE MISSOURI PACIFIC RAILROAD AND THE T. & N.O.
RAILROAD TRACKS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember
Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
SAMUEL AND SMITH
Page 4 of 9 Minutes-October 27,2009
NAYS: NONE
MOTION PASSED
Ordinance 09 - 060
3. Consider a request for a specific use permit to allow a mother-in-law quarters in an RS
(Residential Single Family Dwelling) District at 8035 Voth Road
Administration recommended approval of the specific use permit to allow a mother-in-law
quarters in an RS (Residential Single Family Dwelling) District at 8035 Voth Road.
Dave and Faye Hofferth have applied for the specific use permit.
Mr.and Mrs. Hofferth state that the structure would be a 16'x 32'single story residence for Ms.
Hofferth's 75 year old mother.
At a Joint Public Hearing held October 19, 2009, the Planning Commission recommended
6:0 to approve the specific use permit subject to the following conditions:
• The mother-in-law quarters will not be leased.
• The mother-in-law quarters shall not be on a separate electrical meter.
Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
GRANTING A SPECIFIC USE PERMIT TO ALLOW A MOTHER-IN-LAW QUARTERS IN AN RS
(RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT LOCATED AT 8035 VOTH ROAD IN THE CITY
OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Wright seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 09 - 061
4. Consider a request for a specific use permit to allow a law office in an RCR-H (Residential
Conservation and Revitalization) District at 2535 North Street.
Bruce A. Hoffer has applied for the specific use permit.
Mr. Hoffer states that the hours of operation for the law office will be from 8:00 a.m.-5:00 p.m.,
Monday through Friday.
At a Joint Public Hearing held October 19, 2009, the Planning Commission recommended
6:0 to approve the specific use permit subject to the following condition:
Page 5 of 9 Minutes-October 27,2009
• Parking space #5 shall be made ADA compliant
and with a modification to the landscaping/screening requirements along the east,west and
south property lines(6'tall wood screening fence and no landscape strip along the east and
south property lines and a 4' tall chain link fence and no landscape strip along the west
property line).
Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
GRANTING A SPECIFIC USE PERMIT TO ALLOW A LAW OFFICE IN AN RCR-H (RESIDENTIAL
CONSERVATION AND REVITALIZATION-H)DISTRICT LOCATED AT 2535 NORTH STREET IN THE CITY
OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 09 - 062
5. Consider a request for an abandonment of easements along State Highway 124 and down
the center of the previously abandoned Hebert Street.
Administration recommended approval of abandoning the 15 foot wide utility easement in the
abandoned portion of Hebert Street and denial of abandoning the 20 foot wide utility
easement along the south side of Fannett Road.
The Administration recommends approval of abandoning the 15 foot wide utility easement in
the abandoned portion of Hebert Street and denial of abandoning the 20 foot wide utility
easement along the south side of Fannett Road.
Cathedral of Faith Baptist Church has applied for the abandonment.
Cathedral of Faith Baptist Church owns the property on either side of the abandoned Hebert
Street and to the south of the easement along Fannett. The church would like to construct a
new parking lot across the subject property.
This item was sent to all interested parties. City of Beaumont Water Utilities has a 6"sanitary
sewer main within the 15 foot wide utility easement located in the abandoned Hebert Street.
There is a 48" sanitary sewer main and an 8" water main located within the 20 foot wide
easement on the south side of Fannett Road. Water Utilities does not object to the
abandonment of the 15 foot easement. However, Water Utilities does object to the
abandonment of the 20 foot easement.
Page 6 of 9 Minutes-October 27,2009
At a Regular Meeting held October 19, 2009, the Planning Commission recommended 7:0
to approve abandoning the 15 foot wide utility easement in the abandoned portion of Hebert
Street and denial of abandoning the 20 foot wide utility easement along the south side of
Fannett Road.
Councilmember Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
VACATING AND ABANDONING A FIFTEEN FOOT(15')WIDE UTILITY EASEMENT IN THE ABANDONED
PORTION OF HEBERT STREET LOCATED BETWEEN FANNETT ROAD AND DELORES STREET,
BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Coleman seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 09 - 063
6. Consider approving a change order and authorizing final payment for the Rolfe Christopher
Pavement Improvement Project.
Administration recommended approval of Change Order No. 3, in the amount of
($231 ,507.83), for adjusting estimated construction quantities to match quantities actually
used during the performance of the project and to authorize final payment in the amount of
$284,294.88 to Allco, LTD.
On December 11, 2007, City Council awarded Allco, LTD the contract for the project in the
amount of$5,495,820.65. Change Order No. 1, in the amount of$195,277.93,was approved
by City Council on July 22, 2008 increasing the contract amount to $5,691 ,098.58 and
Change Order No. 2 in the amount of$226,306.93,was approved by Council on July 14, 2009
increasing the contract amount to $5,917,405.51 .
Due to a decrease in the construction quantities, Change Order No. 3, in the amount of
($231,507.83), is required to adjust the estimated quantities used during the performance of
the project decreasing the contract amount to $5,685,897.68.
The MBE participation in the performance of the contract totals$1,139,389.32, representing
20.04% of the final contract amount. The project has been inspected by the Engineering
Division and found to be complete in accordance with the provisions and terms set out in the
contract.
Funds are available in the Capital Program.
Mayor Pro Tern Wright 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
($231,507.83, THEREBY DECREASING THE CONTRACT AMOUNT TO $5,685,897.68 FOR THE
ROLFE CHRISTOPHER PAVEMENT IMPROVEMENT PROJECT(SPUR 380-EAST VIRGINIA STREET,TO
HWY 69 S FEEDER ROAD). Councilmember Samuel seconded the motion.
Page 7 of 9 Minutes-October 27,2009
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 09 - 330
COUNCILMEMBER COMMENTS
COUNCILMEMBER SMITH- CONGRATULATED THE EMPLOYEES THAT RECEIVED SERVICE
AWARDS, GREAT TIME AT THE NEIGHBORS IN THE PARK
COUNCILMEMBER SAMUEL - CONGRATULATED COUNCILMEMBER SMITH ON THE
NEIGHBORS IN THE PARK, ALSO CONGRATULATED CITY
ATTORNEY, TYRONE COOPER, WHO WAS ELECTED
PRESIDENT OF THE TEXAS CITY ATTORNEY ASSOCIATION,
WHICH IS AN AFFILIATION OF THE TEXAS MUNICIPAL
LEAGUE
MAYOR PRO TEM WRIGHT- CONGRATULATED TYRONE COOPER ON HIS APPOINTMENT,
THE EMPLOYEES THAT RECEIVED SERVICE AWARDS, ALSO
THANKED THE FIRE DEPARTMENT FOR RAISING MONEY FOR
CANCER AWARENESS MONTH, SPOKE OF THE CAFE' ON
LIBERTY STREET THAT HAS REOPENED
COUNCILMEMBER COLEMAN - CONGRATULATED THE EMPLOYEES THAT SERVE THE CITY
SO WELL ON THEIR SERVICE AWARDS, THANKED BRUCE'S
CONSTRUCTION FOR A FINE JOB ON THE COUNCIL
CHAMBERS RENOVATION,THANKED THE CITIZENS THAT THE
YOUNG LIFE FUND RAISING BANQUET
COUNCILMEMBER BEAULIEU - ABSENT
COUNCILMEMBER PATE - ABSENT
CITY ATTORNEY COOPER - NONE
CITY MANAGER HAYES - NONE
MAYOR AMES - COMMENTED ON THE BOY'S BASH, THE INDIA FEST,
BEAUMONT PUBLIC SCHOOLS FIESTA BREAKFAST,
COMMUNITIES IN SCHOOLS FUND RAISER, GIFT OF LIFE
FUND RAISER WITH DEBBIE REYNOLDS, CONGRATULATED
ALL THE EMPLOYEES THAT RECEIVED A SERVICE AWARD ON
THEIR YEARS OF TENURE
Page 8 of 9 Minutes-October 27,2009
Public Comments (Persons are limited to three minutes)
Addie Allen 9695 Gross Beaumont TX
Commented on property that has been fined at 1060 Schwarner regarding the cutting of the
grass, requested to know why she is being fined and charges pressed against her, she is
having the grass cut on a regular basis, asked for relief from Council on this issue
Louis Vaughn 9615 Mapes St. Beaumont TX
Continued dialogue pertaining to South Park Middle School and the students success and
welfare that is hanging in the balance, asked that these students be given the proper tools to
help them in their educational futures,the issue dealing with the school is inclusive of everyone
Bruce Hoffer 2535 North St. Beaumont TX
Thanked Council for approving the specific use permit to operate his law office on North
Street, also commented on the drainage improvement on North Street, thanked the Water
Utilities Department for all of their hard work
Open session of meeting recessed at 2:15 p.m.
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with Section
551.071 of the Government Code:
Tina Lewallen v. City of Beaumont
Clifford Teasley v. City of Beaumont
Derrick Newman v. Todd Burke, et al
There being no action taken in Executive Session, Council adjourned.
Audio available upon request in the City Clerk's Office.
Beq*y Am , Mayor
Ir4I t
Tina Broussard, City Clerk ��jl „S AW
Page 9 of 9 Minutes-October 27 2009