HomeMy WebLinkAboutMIN JAN 15 2013 M I N U T E S - CITY OF BEAUMONT
W.L. Pate,Jr.,At-Large BECKY AMES, MAYOR Gethrel Wright,At-Large
Dr.Alan B. Coleman, Mayor Pro Tern CITY COUNCIL MEETING Michael D.Getz,Ward II
Audwin Samuel,Ward III January 15, 2013 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 January 15, 2013, 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 and 4/Consent
Agenda
Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Pastor Anjelita Dirden of Wesley Student Center, Lamar University 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 Coleman, Councilmembers Getz,
Wright, Pate, Samuel and Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper,
City Attorney; Tina Broussard, City Clerk.
Proclamations, Presentations, Recognitions
Presentation of City of Beaumont Employee Service Awards:
Joyce Tanner Code Enforcement 25 Years
George Newsome Water Utilities 25 Years
Barbara Otto Executive Office 25 Years
Lois Balka Planning 30 Years
Gordon Bracker Police 30 Years
Louis Matthews, Jr. Police 30 Years
Gayle Russell Water Customer Service 35 Years
Scott Rush Fire 35 Years
Minutes—January 15,2013
Yolanda Duriso Public Works 35 Years
Lloyd Sikes Fire 40 Years
Public Comment: Persons may speak on scheduled agenda items 3 and 4 /Consent Agenda.
Cheryl Guidry 3820 Eloise St. Beaumont TX
Spoke in regards to Items 3 & 4 on the Consent Agenda regarding the Jehovah Jireh
Village CDC
Dr. Julio Morales 5715 Pickwick Ln. Beaumont TX
Spoke in regards to Items 3 & 4 on the Consent Agenda regarding the Jehovah Jireh
Village CDC
Don Dodd 1635 Weston Court Beaumont TX
Spoke in regards to Items 3 & 4 on the Consent Agenda regarding the Jehovah Jireh
Village CDC
CONSENT AGENDA
Approval of minutes -
Confirmation of committee appointments-Resolution 13—012 and Resolution 13 -013
Jef Russell, III would fill the unexpired term of Ethelyn Jenkins, Jefferson County Historical
Commission, on the Historic Landmark Commission. The term would commence on January
15, 2013 and expire January 14, 2014. (Mayor Becky Ames)
Sherry Ulmer, Health Director, would be reappointed to the Animal Health Advisory Committee.
The current term would expire November 15, 2014. (Mayor Becky Ames)
Dr. John Falgout, City Veterinarian, would be reappointed to the Animal Health Advisory
Committee. The current term would expire December 13, 2014. (Mayor Becky Ames)
Matthew Fortenberry, Animal Control Supervisor, would be reappointed to the Animal Health
Advisory Committee. The current term would expire November 15, 2014. (Mayor Becky Ames)
John Johnson would be reappointed to the Small Business Revolving Loan Fund Board. The
current term would expire June 22, 2014. (Councilmember W. L. Pate, Jr.)
Councilmember Smith made a motion to approve the Consent Agenda. Councilmember
Samuel seconded the motion.
Minutes—January 15,2013
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Mayor Ames read the announcement regarding Executive Session being held at the
conclusion of the General Business portion of the meeting.
GENERAL BUSINESS
1. Consider approving amendments to Chapter 28 of the Code of Ordinances related to
fencing and review procedures within a historic district; the storing of mobile food units in
residential districts and the prohibition of using 18 wheeler trailers for storage in certain
districts.
The Historic Landmark Commission requested that staff consider making changes to the
fencing requirements within the historic district regulations after a sheet metal fence was
constructed in the Oaks Historic District. In addition, the Historic Landmark Commission
considered re-inserting portions of the review procedures for certificates of appropriateness
after those portions had inadvertently been left out during a previous amendment. The
Historic Landmark Commission approved the following changes on December 10, 2012.
Staff also is recommending changes to the Zoning Ordinance that deal with recent issues
that staff has dealt with. One change deals with the prohibition of storing mobile food units
in residential districts. The second change deals with the prohibition of using eighteen (18)
wheeler trailers for storage in all districts but LI and HI.
Approval of ordinance.
Councilmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING
CHAPTER 28, SECTIONS 28.03.018(G)(3)(F), 28.03.18(H), 28.03.23(E), 28.04.008(B) OF THE
CODE OF ORDINANCES OF BEAUMONT,TEXAS,TO MAKE CHANGES AND ADDITIONS;PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Getz
seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 13 - 003
2. Consider approving amendments to Chapter 28 of the Code of Ordinances related to
different child care and family home facilities.
Minutes—January 15,2013
The City of Beaumont Planning Division is proposing amendments to the Zoning
Ordinance.
Planning staff is recommending amendments to the Zoning Ordinance that would delete
the current definition of a child care center, amend the definition of a home occupation as it
relates to child care, add the definitions of a listed family home, a registered child care
home, a licensed child care home and a licensed child care center and specify in the
permitted use table which districts registered and licensed home based child care facilities
will be permitted with a specific use permit and which districts child care centers will be
permitted by right or with a specific use permit.
These amendments will make the City of Beaumont Zoning Ordinance conform to the
State of Texas definitions. Amending the Zoning Ordinance will cut down on the confusion
that currently exist between the City's zoning regulations and the States regulations.
COuncilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
AMENDING CHAPTER 28,SECTIONS 28.01.004(B)AND 28.03.023(E)OF THE CODE OF ORDINANCES
OF BEAUMONT, TEXAS, TO MAKE CHANGES AND ADDITIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Smith seconded the
motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 13 - 004
3. Consider a resolution approving the reallocation of funds from the 2008 and 2009
Community Development Block Grant Program Years to a new Public Services line item for
Jehovah Jireh Village CDC, Inc. in the 2011 Program Year.
As a result of flooding caused by Hurricane Ike, approximately twenty-five (25) houses
were flooded between Pine Street and the Neches River. In an effort to provide relief to
this area of repeated flooding, the City applied for and received a grant to offer a voluntary
buyout of these properties. To provide for the local match for the grant, Community
Development Block (CDBG) funds were budgeted for the local match for all of these
houses. In the end, only twelve owners accepted the buyout and the program has come to
a close. With a balance remaining, these funds are now available for reallocation to other
eligible activities.
Recently, a request from Jehovah Jireh was made for funding assistance to allow for the
continuing operation of the community center at the L.L. Melton facility located at 3455
Sarah Street. Jehovah Jireh began offering community center services following the
withdrawal of the YMCA in 2010. A reallocation of $21,711 from 2008 CDBG Program
Year and $6,546 from the 2009 Program Year to a new Public Services line item in the
Minutes—January 15,2013
2011 Program Year would allow for the reimbursement of utility expenses associated with
the community center.
Community Development Block Grant.
Approval of the resolution.
Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER IS
HEREBY AUTHORIZED TO REALLOCATE $21,711 FROM THE 2008 COMMUNITY DEVELOPMENT
BLOCK GRANT(CDBG)PROGRAM YEAR AND$6,546 FROM THE 2009 CDBG PROGRAM YEAR TO THE
PUBLIC SERVICES LINE ITEM IN THE 2011 PROGRAM YEAR FOR JEHOVAH JIREH VILLAGE CDC,INC.
FOR OPERATION EXPENSES FOR THE L.L.MELTON FAMILY LIFE CENTER. Councilmember Samuel
seconded the motion.
AYES: MAYOR AMES, COUNCILMEMBERS WRIGHT, PATE, SAMUEL AND SMITH
NAYS: MAYOR PRO TEM COLEMAN AND COUNCILMEMBER GETZ
MOTION PASSED
Resolution 13 - 014
4. Consider a resolution authorizing the City Manager to execute a new lease agreement with
Jehovah Jireh Village CDC, Inc. for use of the L.L. Melton facility located at 3455 Sarah
Street.
At the Work Session on January 8, City Council discussed a request from Jehovah Jireh
for financial assistance to help offset utility expenses at the L.L. Melton Family Life Center
as a means of continuing the programs there.
As a result of that discussion, the Administration is recommending that $28,257 of
unencumbered Community Development Block Grant funds be reprogrammed for that
purpose and that a new lease agreement be executed.
The new agreement would end December 31, 2013; provide that the City reimburse
payments made for utility expenses up to $2,500 per month, not to exceed $28,257; and
make the City responsible for all water and sewer charges. Other provisions of the current
agreement will remain unchanged.
Approval of the resolution.
Councilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER
BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A LEASE AGREEMENT WITH JEHOVAH JIREH
VILLAGE CDC,INC.(LESSEE), FOR A TOTAL RENT AMOUNT OF$1,500 FOR PROPERTY LOCATED AT
3455 SARAH STREET, BEAUMONT, TEXAS, WITH A PROVISION FOR UTILITY EXPENSE
REIMBURSEMENT OF UP TO$2,500 PER MONTH, NOT TO EXCEED$28,257 FOR THE TERM OF THE
LEASE. Councilmember Smith seconded the motion.
Minutes—January 15,2013
AYES: MAYOR AMES, COUNCILMEMBERS WRIGHT, PATE, SAMUEL AND SMITH
NAYS: MAYOR PRO TEM COLEMAN AND COUNCILMEMBER GETZ
MOTION PASSED
Resolution 13 - 015
WORK SESSIONS
* Receive a report from Mayor Pro Tem Alan Coleman related to a National League
of Cities (NLC) project titled "Let's Move! Cities, Towns and Counties"dedicated to
reversing the childhood obesity epidemic
Mayor Pro Tern Alan Coleman discussed the NLC project titled "Let's Move! Cities, Towns
and Counties". This project deals with the risk of obesity that starts early in life among
children and adults. There was discussion of the large number of children that are diagnosed
with Type 2 diabetes; accounting for almost 50% of new diabetes cases in some
communities. Based on current trends, 52 percent of the U.S. adult population could have
pre-diabetes or diabetes by 2020 - up from an estimated 40 percent today. As a result, it is
projected that over the next decade the nation may spend almost $3.4 trillion on diabetes-
related care. As part of the Let's Move! Effort, President Barack Obama established the first-
ever Task Force on Childhood Obesity to develop and implement an inter-agency plan that
details a coordinated strategy, identifies key benchmarks, and outlines an action plan to end
the problem of childhood obesity within a generation.
* Review and discuss the Consolidation of Polling Locations and Precincts for the
May 11, 2013 Election
Tina Broussard, City Clerk reviewed and discussed the consolidation of polling locations and
precincts for the May 11, 2013 election. The approval and consolidation process was
discussed as well as the current and proposed locations and the locations and precincts that
would be affected. A cost analysis before and after showed that the cost of payroll on
election day with 35 polling locations cost the City$30,240.00 and the cost of payroll with the
27 polling locations would cost the City $24,003.00 showing a cost savings of$7,112.00.
* Review and discuss various recycling and citywide trash pick-up efforts
Dr. Hani Tohme, Water Utilities Director discussed the recycling and trash pickup program
that will be administered by the Water Utilities Department. Dr. Tohme discussed the
recycling history, the results of the program and the effective recycling methodologies. The
future plans of recycling were also discussed which included bulk recycling, the pilot program
and the six(6)week duration time which detailed the total cost and the cost breakdown. The
future goal of this program is to pick up over 3,640 miles of streets per year, design the trash
pickup such that the major streets will be picked up once a week at a minimum and the
neighborhood streets will be picked up once a month at a minimum.
Minutes—January 15,2013
COUNCILMEMBER COMMENTS
COUNCILMEMBER SMITH - THANKED DR. COLEMAN, CITY CLERK, TINA
BROUSSARD AND DR. TOHME FOR THEIR
PRESENTATIONS,ANNOUNCED THE MLK PARADE THAT
WILL TAKE PLACE AT 9:00 A.M. SATURDAY, JANUARY
19, 2013
COUNCILMEMBER SAMUEL- THANKED STAFF AND CITY EMPLOYEES FOR ALL THAT
THEY DO,ALSO LAST WEEK WAS THE 99TH YEAR THAT PHI
BETA SIGMA FRATERNITY HAS SERVED THE COMMUNITY,
DELTA SIGMA THETA HAS SERVED 100 YEARS AND TODAY
IS THE FOUNDERS DAY OF ZETA PHI BETA SERVING THE
COMMUNITY FOR 99 YEARS, WISHED ALL OF THE
SORORITY'S AND FRATERNITY'S A HAPPY FOUNDERS DAY
COUNCILMEMBER PATE - EXTENDED APPRECIATION TO STAFF FOR BRINGING THE
WORKSESSIONS, PARTICULARLY BECAUSE IT IS SO
IMPORTANT FOR THE CITIZENS TO KNOW WHAT'S GOING
ON IN THE CITY, ENCOURAGED ALL CITIZENS TO GO TO
THE CITY'S WEB SITE AND ADOPT A DOG OR CAT
THROUGH THE CITY'S ANIMAL CONTROL DEPARTMENT,
ALSO SPOKE ABOUT BEING A PART OF THE WATER
UTILITIES PROGRAM AT ROGERS PARK
COUNCILMEMBER WRIGHT- THANKED TINA, DR. COLEMAN AND DR. TOHME FOR
THEIR PRESENTATIONS,ASKED THAT STACY LEWIS GET
WITH DR.COLEMAN AND KEEP THOSE ACTIVE PROGRAMS
GOING BECAUSE THEY DO A WONDERFUL JOB WITH THE
PROGRAMING OF THE PARKS
COUNCILMEMBER GETZ- CONGRATULATED ALL OF THE EMPLOYEES THAT
RECEIVED SERVICE AWARDS,ALSO DR.TOHME FOR HIS
PRESENTATION, LOOKS FORWARD TO THE PROJECT OF
RECYCLING KICKING OFF,HAD AN OPPORTUNITY TO VISIT
WITH ABOUT 60 CITIZENS THAT ATTENDED A FORUM LAST
NIGHT AT ROGERS PARK
MAYOR PRO TEM COLEMAN - NONE
CITY ATTORNEY COOPER- NONE
CITY MANAGER HAYES - NONE
MAYOR AMES - NONE
Minutes—January 15,2013
Public Comments (Persons are limited to three minutes)
None
Open session of meeting recessed at 3:06 p.m.
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Jay Brocato, et al vs. City of Beaumont, Texas; Cause No. D-183,620
Melvin Lee Price v. City of Beaumont, Texas; Cause No. A-191,618
There being no action taken in Executive Session, Council adjourned.
Audio available upon request in the City Clerk's Office.
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Tina Broussard, City Clerk
Minutes—January 15,2013