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Home My WebLink AboutMIN OCT 25 2011 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr.,At-Large BECKY AMES, MAYOR GoMrel Wright,At-Large Dr.Alan B.Coleman,Ward 1 CITY COUNCIL MEETING Michael D.Getz,Ward II Audwin Samuel,Ward III October 25,2011 Jamie Smith,Mayor Pro Tom 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 25, 2011, 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 — Receive information from OGM Land Company Public Comment: Persons may speak on scheduled agenda items 4-8/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Jesse Smith of Abundant Life Christian Fellowship 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 Smith, Councilmembers Coleman, Getz, Wright, Pate and Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "Fourth Annual Holiday Cards for a Cause Kickoff Week" - October 24 - 28, 2011 - Proclamation read by Mayor Ames; accepted by Terri Hawthorne and others with Art of Greater Beaumont Presentation/Recognitions—Kyle Hayes, City Manager, Mayor Ames and Lillie Babino, Human Resource Director gave Employee Service Awards for 30 and 35 Years of Service 30 Years 35 Years Jerry Connolly— Police Department James Boyett—Police Department James Gouthier— Police Department Paula Hayes—Finance Department Ingrid Holmes— Public Health Department Arthur Leger Jr.—Water Department Michael Shilo — Public Works, Transportation Joseph Simien - Water Utilities Melvin DeVaugh — Police Dept. Public Comment: Persons may speak on scheduled agenda items 4-8/Consent Agenda. None Minutes—October 25,2011 CONSENT AGENDA Approval of minutes — October 18, 2011 Confirmation of committee appointments - None Councilmember Wright made a motion to approve the Consent Agenda. Mayor Pro Tern Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a request for a zone change from HI (Heavy Industrial) District to GC-MD (General Commercial-Multiple Family Dwelling) District at 1585 Calder. Administration recommended approval of the zone change. George Newsome, representing Soutex Surveyors, Inc., has applied for a zone change. The subject property is zoned HI while the rest of the owners' property is zoned GC-MD. Mr. Newsome states that the property owners wish to have all of their property at the southwest corner of Calder and Martin Luther King, Jr. Parkway under the same zoning classification. This will allow the property to be developed with uniform building setbacks. At a Joint Public Hearing held October 17, 2011,the Planning Commission recommended approval 7:0 of the zone change to GC-MD District. Councilmember Pate 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 HI (HEAVY INDUSTRIAL) DISTRICT TO GC-MD (GENERAL COMMECIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 1585 CALDER AVENUE, 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 SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Minutes—October 25,2011 Ordinance 11 - 081 2. Consider a request for a specific use permit to allow a convenience store/gas station in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 5112 Martin Luther King, Jr. Parkway South. Administration recommended approval subject to the following condition: • The proposed sidewalk will be extended along the southeast corner of the subject property. C-Store GDP, LLC has applied for a specific use permit. The subject property was the site of a vacant night club building that has since been demolished. Phase I of the proposed development will include a 3,560 sq.ft. convenience store and five two-sided pump stations. At a Joint Public Hearing held October 17, 2011,the Planning Commission recommended approval 7:0 of the specific use permit subject to the following condition: • The proposed sidewalk will be extended along the southeast corner of the subject property. COuncilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CONVENIENCE STORE/GAS STATION IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLIN-2)DISTRICT AT 5112 MARTIN LUTHER KING, JR. PARKWAY SOUTH IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Mayor Pro Tern Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GE1Z, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 11 - 082 3. Consider a request for an amended specific use permit to allow an expansion of church parking in an RM-H(Residential Multiple Family Dwelling-Highest Density) District at 5910 N. Major Drive. Administration recommended approval subject to the following condition: • The new parking lot shall meet the interior and perimeter landscaping requirements. Simon Construction has applied for an amended specific use permit. Minutes—October 25,2011 In August, 1990, City Council granted Grace and Truth Gospel Tabernacle a specific use permit to allow a church and related parking on the subject property. Due to growth in church membership, additional parking is needed. The church proposes constructing an additional 25 parking spaces. This would give the church a total of 75 spaces. At a Joint Public Hearing held October 17, 2011,the Planning Commission recommended approval 7:0 of the amended specific use permit subject to the following condition: e The new parking lot shall meet the interior and perimeter landscaping requirements. Mayor Pro Tern Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF CHURCH PARKING IN A RM-H(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)DISTRICT AT 5910 N.MAJOR DRIVE IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 11 -083 4. Consider accepting the Certified Roll Jurisdiction Summary of the tax roll for the tax year 2011 (Fiscal Year 2012). Administration recommended the acceptance of the Certified Roll Jurisdiction Summary of the tax roll for the tax year 2011 with a taxable value of$6,753,396,435. Pursuant to the Texas Property Tax Code, Section 26.09, this recap must be approved by the City Council. On September 6, 2011, Council approved the tax roll as certified by the Jefferson County Appraisal District with a taxable value of$6,753,396,435.There is no change in the taxable value of the Certified Roll Jurisdiction Summary. Property tax revenues in the FY 2012 Budget were calculated based on this taxable value at a collection rate of 97% and the amount of 30,014,000 budgeted in the General Fund and $11,911,000 is budgeted in the Debt Service Fund. Counciimember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL, PURSUANT TO THE TEXAS PROPERTY TAX CODE,SECTION 26.09,HEREBY APPROVES THE GRAND RECAP OF THE TAX ROLL FOR THE YEAR 2011 (FY 2012) WITH A TAXABLE VALUE OF $6,753,396,436. Councilmember Pate seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL Minutes—October 25,2011 NAYS: NONE MOTION PASSED Resolution 11 - 306 5. Consider authorizing the purchase of a fire station alerting system. Administration recommended the purchase of a Fire Station Alerting system from Zetron Inc., of Redmond, Washington in the total amount of$187,858.19. Currently Fire Stations are alerted over the 800MHz radio system and each alert to a single station takes up one repeater channel. As a result if multiple stations require notification simultaneously it has a large impact on radio system capacity. Also, the current alerting is a custom setup that is not compliant with National Fire Protection Association (NFPA) recommendations. The Zetron Fire Station Alerting system is compliant with NFFA recommendations and will provide the city with a vendor supported alerting system that efficiently notifies fire stations without adversely loading the radio system. Funds for this purchase are available from the Department of Homeland Security 2007 Supplemental Port Security grant in the amount of $140,893.64. The 25% match of $46,964.55 is available from the Capital Reserve Budget. COuncilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF A FIRE STATION ALERTING SYSTEM, FOR USE BY THE FIRE DEPARTMENT, FROM ZETRON, INC.,OF REDMOND,WASHINGTON,THROUGH THE STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES(DIR)CONTRACT, IN THE AMOUNT OF$187,858.19. Mayor Pro Tern Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 11 —307 6. Consider amending Chapter 22, Section 22.05.211 (b) of the City Code of Ordinances regarding Solid Waste Collection and removal charges. Administration recommended Council amend Chapter 22, Section 22.05.211 (b) of the Code of Ordinances, to include a reconnect container fee for those customers whose garbage container has been picked up due to a meter being removed for non-payment of city services. Minutes—October 25,2011 Chapter 22, Section 22.05.211of the Code of Ordinances addresses garbage and trash collection rates for residential collection. In accordance with the ordinance, a household's water service may be disconnected upon nonpayment of water and /or garbage services. Many times, customers pay as soon as a disconnection is made to their water service and therefore the service is restored quickly. But,when disconnection for nonpayment is in the form of the meter being removed from the residence because the customer has turned the water back on without making payment, the garbage container is picked up by the Solid Waste Division. Section 22.05.211 does not address a fee to cover the cost associated with the pick up and subsequent delivery of the container back to the residence upon payment and reinstallation of the meter. On average,the Solid Waste department spends $15.00-$20.00 per container to collect approximately 6,750 containers per year. The costs include labor, fuel costs and sanitizing the container. The purpose of this fee is to reclaim those direct costs incurred by the City. To provide clarification, the ordinance should be amended to include the following: "A reconnect container fee will be assessed for those households whose garbage container(s) have been collected by the City due to the removal of a water meter as a result of nonpayment of city water and/or garbage services, and then subsequently reissued upon payment and reinstallation of the meter. Reconnect container fee....................................................$20.00/per container" Amendment to the ordinance will allow the city to fund direct costs associated with the collection and delivery of containers due to disconnection in the form of meter removal and re-connection of city services. Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 22, SECTION 22.05.211(s) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS TO ADD A NEW RECONNECT CONTAINER FEE FOR THOSE CUSTOMERS WHOSE GARBAGE CONTAINERS HAVE BEEN PICKED UP FOR NON PAYMENT OF CITY SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Wright seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 11 — 084 7. Consider amending Section 2.03.075 of the Code of Ordinances by adding a Grade III (Lieutenant) position from 14 to 15 and reducing a Grade II (Sergeant) position from 44 to 43 in the Beaumont Police Department. Administration recommended approval. The City of Beaumont Emergency Management Division has been directed by Sergeant Tim Ocnaschek as the Emergency Management Coordinator since January 2007.The Civil Minutes—October 25,2011 Service Commission certified a Grade III Lieutenant promotional list on October 13, 2011. From this list, Sergeant Ocnaschek will be promoted to the rank of Lieutenant. This would require the conversion of the Sergeant position in Emergency Management to a Lieutenant position. The current base salary for a Grade III Lieutenant is $82,020 and the current base salary for a Grade II Sergeant is $69,948.00, which results in an increased salary of $12,072. The total number of authorized positions within the Police Department will remain at 259. COuncilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING SECTION 2.03.075 OF THE CODE OF ORDINANCES BY INCREASING THE NUMBER OF GRADE III UEUTE1 ANT POSITIONS IN THE BEAUMONT POLICE DEPARTMENT FROM FOURTEEN(1 4)TO FIFTEEN(15)AND DECREASING THE NUMBER OF GRADE II SERGEANT POSITIONS IN THE 13EAUMONT POLICE DEPARTMENT FROM FORTY-FOUR (44) TO FORTY-THREE (43); PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilmember Wright seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 11 —085 8. Consider granting a new solid waste collection and transportation service franchise. Administration recommended granting a solid waste collection and transportation service franchise to Enviro Waste Solutions (EWS). 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. EWS has requested that the City Council grant the company such franchise agreement. EWS is locally owned and operated with its corporate office located at 2300 Hwy 365 in Nederland. 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 (7%) 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 weeks in a newspaper of general circulation in the city. All publication costs are paid by franchisee. Attached, is a copy of the franchise agreement for your review. Minutes—October 25,2011 This is the third and final reading of the franchise ordinance. A franchise fee of seven percent (7%) of gross receipts is paid into the General Fund. Mayor Pro Tern Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO ENVIRO WASTE SOLUTIONS(EWS). Councilmember Wright seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 11 —071 WORKSESSION * Review and discuss potential projects to be funded with Hurricane Ike Disaster Recovery Funds (Round II, Phase II) Brenda Beadle, Capital Projects Manager and Patrick Donart, Public Works Director, reviewed and discussed the potential projects to be funded with Hurricane Ike Disaster Recovery Funds for Round 11, Phase II Topics of discussion in the worksession: History of Rounds I, 2.1 and 2.2 Round 1 — $4.311011 (Riverfront Park Stabilization and Corley St. Drainage Improvements) Round 2.1 - $1111.31011 (South Park Drainage Improvements) Round 2.2 — 18M (City of Beaumont) The Award Criteria Submission of the Fair Housing Activity Statement for TX Recommended projects, specific impediments identified Project must promote fair housing and not create an impediment to fair housing Project must be in response to Hurricane Ike and have verifiable storm damage Proposed Projects for Round 2.2 Funds (Beaumont Public Health Clinic Building) (Fire Station #2) (Avenue A Street Reconstruction) Round 2.2 Funds were awarded through the TGLO (Texas General Land Office) Non-housing projects Approval of FHAST application Public meeting and adoption of the action plan Project application due date Minutes—October 25,2011 COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - THANKED THE BEAUMONT POLICE DEPARTMENT,EMS AND FIRE STATION #4 FOR HIS MOTHER, WHO WAS IN AN ACCIDENT, THEY TOOK GOOD CARE OF HER AND GOT HER HOME, ANNOUNCED THE AMERICAN CANCER SOCIETY "MAKING STRIDES FOR BREAST CANCER" 5K WALK ON CROCKETT STREET AT 9:00 A.M.,ON SATURDAY,OCTOBER 28, 2011, YOU MAY REGISTER BY CALLING 409-835-2139 OR LOGGING ONTO WWW.MAKINGSTRIDESBEAUMONT.ORG OR JUST SHOW UP AT 8:30A.M. AND REGISTER, CONDOLENCES TO TINA BROUSSARD,CITY CLERK,ON THE LOSS OF HER GRANDMOTHER,AS WELL AS TO THE FAMILIES OF MIKE WILLIAMS, WHO IS THE HUSBAND OF HIS OFFICE MANAGER, JOE PEARSON AND REVEREND RALPH EUGENE JONTE' COUNCILMEMBER GETZ- NONE COUNCILMEMBER WRIGHT- PROUD OF HER CHURCH MCCABE ROBERTS AVENUE UNITED METHODIST CHURCH, THEY ARE HAVING A WINTER NEIGHBORHOOD GARDEN COUNCILMEM13ER PATE- CONGRATULATED TIM OCNASCHEK AS WELL AS OTHER EMPLOYEES THAT WERE RECOGNIZED FOR THEIR TIME OF SERVICE, REMINDED EVERYONE OF THE SENIOR EXPO AT THE BEAUMONT CIVIC CENTER ON THURSDAY, OCTOBER 27, 2011, ALSO COMMENTED ON CHELSEA TIPTON WHO WILL BE PERFORMING WITH THE SYMPHONY OF SOUTHEAST TEXAS ON SATURDAY NIGHT,WISHED KATHERINE A HAPPY BIRTHDAY WHO ATTENDS COUNCIL REGULARLY COUNCILMEMBER SAMUEL- CONDOLENCES TO TINA BROUSSARD,CITY CLERK AND HER FAMILY ON THE LOSS OF HER GRANDMOTHER,AS WELL AS OTHER FAMILIES THAT WERE MENTIONED, COMMENTED ON LAMAR UNIVERSITY HOMECOMING GAME AND THE FELLOWSHIP WITH FRIENDS,ACKNOWLEDGE COACH PAYTON AND MANY OF THE FOOTBALL PLAYERS THAT RECEIVED SCHOLARSHIPS DUE TO COACH PAYTON, THINKS THAT THE HOMECOMING AND REUNIONS WILL GET BETTER IN THE YEARS TO COME MAYOR PRO TEM SMITH- CONDOLENCES TO TINA BROUSSARD,CITY CLERK AND HER FAMILY ON THE LOSS OF HER GRANDMOTHER, AS WELL AS THE OTHER FAMILIES THAT WERE MENTIONED,COMMENTED ON JULES SMITH, HOPES THAT THE CITY WILL COME OUT AND SUPPORT HIM AND THE LIVE PERFORMANCE,THANKED CHRIS BOONE,BRENDA BEADLE AND PATRICK DONART FOR THEIR HARD WORK PURSUING THE GRANTS THAT HELP TAKE CARE OF THE CITY Minutes—October 25,2011 CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES- NONE MAYOR AMES- STATED IT WAS ANOTHER GREAT WEEKEND IN DOWNTOWN BEAUMONT, THERE WERE MANY FESTIVITIES ESPECIALLY THE OLD CAR SHOW,COMMENTED ON THE ELKS LODGE AND THEIR B B-Q EVENT Public Comments (Persons are limited to three minutes) Ruby Franklin 5535 Bigner Rd. Beaumont TX Stated that she has been a continuous visitor at the Council meeting in regards to the pit bulls that live next door to her, she is still having problems with this and she is tired of the situation, she also commented on the neighborhood association meeting and the amount of complaints that animal control receives within the City of Beaumont, stated she is not an animal lover of pit bulls John Hoke 4840 Ward Dr. Beaumont TX Stated he's employed with Cimrex Energy Co., which is proposing a 3D Sismic Chute that is going to be in portions of Jefferson, Hardin and Orange County, the company is in the very early stages of this chute, they are also required to send a notice to all areas that will be affected by this chute, the notice will be sent to all citizens of Beaumont, asked that if any Councilmembers have any questions please don't hesitate to give Cimrex Energy a call Christopher Jones 1045 Doucette Ave. Beaumont TX Spoke to Council in regards to a seasonal issue of burglary against citizens businesses and homes, stated there is a concern of response time when calling the Police Department, as well as man power and the crimes that are under investigation, mentioned that several years ago there was talk about diversifying the department and bringing in more man power, citizens feel that this is something that needs to concentrated on as well as in the Fire Department, commented on sidewalks, this should still be a priority, it has been noticed that when homes and businesses are being built the contractors are extending the sidewalks which is a good thing, but more is needed especially for the handicap and the elderly There being no Executive Session, Council adjourned at 2:55 pm. A dio availabje upon request in the City Clerk's Office. y n fys a r AY" 0".4 QA lit roussard, ity Clerk M� Minutes—October 25,2011