HomeMy WebLinkAboutMIN FEB 26 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 11
Audwin Samuel,Ward III February 26, 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 February 26,2013,
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 4-6/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. Cooper
Slott, son of Ryan Slott, Parks and Recreation Director for the City of Beaumont 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 and Samuel. Absent: Councilmember Smith. Also present were Kyle Hayes, City
Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk.
Councilmember Smith was absent due to surgery.
Proclamations, Presentations, Recognitions
Presentation - Fire Chief Anne Huff along with Mr. Williams, Fire Marshal from Austin,
Texas presented Council with a plaque on the City of Beaumont ISO Rating
"Lagniappe Film and Music Festival Days"—February 28,2013 through March 3,2013-
Proclamation read by Mayor Pro Tern Coleman; accepted by Thomas Hall, Organizer of
the event
"50th Anniversary of the Better Business Bureau of Southeast Texas— February 26,
2013 — Proclamation read by Councilmember Samuel; accepted by John Paschall,
President and CEO, along with other staff from the Bureau
"Jimmy and Susan Simmons Day" — February 26, 2013 - Proclamation read by Mayor
Ames; accepted by Dr. and Mrs. Simmons, along with Lamar University Ambassadors
Minutes—February 26,2013
I
Public Comment: Persons may speak on scheduled agenda items 4-6/Consent Agenda.
None
CONSENT AGENDA
Approval of minutes - February 19, 2013
Confirmation of committee appointments - Resolution 13 - 049
Lauren Williams-Mason would be appointed to the Library Commission. The term would
commence February 26, 2013 and expire February 25, 2015. (Councilmember W. L. Pate, Jr.)
A) Approve a resolution authorizing the award of a primary contract for the publication of legal
notices to The Examiner and the secondary contract to the Beaumont Enterprise-
Resolution 13 - 050
B) Approve a resolution authorizing the acceptance of two ten foot wide Exclusive Sanitary
Sewer Easements located at 3740 IH-10 South — Resolution 13 - 051
C) Approve a resolution authorizing the acceptance of a ten foot wide Exclusive Water Line
Easement located at 5780 Walden Road — Resolution 13 - 052
D) Approve a resolution authorizing the City Manager to execute all documents necessary for
an agreement between the Southeast Texas Regional Advisory Council and Beaumont
Fire-Rescue Services— Resolution 13 - 053
E) Approve a resolution accepting a payment to settle weed and litter liens associated with
property located at 1885 Verone Street— Resolution 13 - 054
Councilmember Pate made a motion to approve the Consent Agenda. Councilmember
Samuel seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
1. Consider an ordinance renaming that portion of University Drive, between E. Cardinal Drive
and E. Lavaca Street, to Jimmy Simmons Boulevard.
Minutes—February 26,2013
The City of Beaumont has made a request to rename that portion of University Drive,
between E. Cardinal Drive and E. Lavaca Street, to Jimmy Simmons Boulevard.
The purpose of this renaming is to honor the accomplishments of Dr. Simmons during his
tenure as president of Lamar University. Dr. Jimmy Simmons, after serving over thirteen
years as Lamar University president, will resign his position.
During Dr. Simmons presidency, Lamar has seen tremendous growth. From the 1999
spring semester when he was first selected as president to the fall semester of 2012, the
school has seen an increase in student enrollment from 7,810 to 14,675.
During his tenure as president, Simmons implemented a master plan to enhance the
campus through landscaping and buildings, most notably the five Cardinal Village
residence halls, the new dining hall and the Sheila Umphrey Recreational Sports Center.
Renovations and expansions of several major academic buildings have been completed,
are under way or are in planning. Lamar has also enhanced its athletic facilities with
shining examples being the Provost Umphrey Stadium and the Dauphin Athletic Complex.
Vincent-Beck Stadium and McDonald Gym have also seen major upgrades and the LU
Soccer Complex opened in 2009.
Under Simmons, Lamar University began the public phase of its first comprehensive
campaign to raise money for endowments for four named academic departments, gifts to
support revival of the Cardinal's football tradition, establishment of a major student
fellowship program and scholarship and faculty enhancement funds.
While Simmons has been president, Lamar has made significant strides in academics,with
the addition of new master's and doctoral programs.
Recognizing that online programs are vital to the university's future, Simmons has
continually sought growth in that area. Today, more than thirty percent of Lamar's credit
hours are generated through online courses. The school is the first in Texas to have an
entirely online doctoral program.
By working closely with area chambers of commerce, local government and business and
industry leaders, Simmons helped make Lamar a much stronger catalyst for economic
growth in the region. Simmons is also a leader in community service, having garnered
dozens of awards and accolades.
Dr. Simmons is known as an administrator with a strong sense of direction and a keen
ability to attract and cultivate talented faculty. His innovative approaches to the pursuit of
academic excellence and his winning rapport with students, faculty, staff and the
community are defining qualities.
After spending some time with family, Simmons plans to return to the faculty of the Mary
Morgan Moore Department of Music.
Minutes—February 26,2013
At a Joint Public Hearing held February 18,2013,the Planning Commission recommended
approval 6:0 of the street name change.
Approval of ordinance.
Mayor Ames moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE RENAMING A PORTION OF
UNIVERSITY DRIVE, BETWEEN E. CARDINAL DRIVE AND E. LAVACA STREET TO "JIMMY SIMMONS
BOULEVARD"; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember
Samuel seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Ordinance 13 — 010
2. Consider an ordinance approving a specific use permit to allow the sale, storage
installation and servicing of generators in a GC-MD (General Commercial-Multiple Family
Dwelling) District at 1412 Ashley.
Kent Burch, representing Gulf Coast Generators, has applied for a specific use permit.
Mr. Burch states that the primary use of the building will be for receiving, staging and
prepping the generators before the delivery to the final site location. The subject property
will be used for the storage of work trucks, trailers and other equipment used in the
installation and servicing of standby generator equipment. Front office space will be used
to meet with the occasional client to talk about his or her generator needs. Any repairs to
the generators that require the use of fluids such as oils, filters, antifreeze, etc. will be
brought back to the company's location, stored in proper containers and then disposed of
on a regular basis by a local recycling company. Mr. Burch estimates that 95% of the
company's work will be performed at the standby generator site location.
At a Joint Public Hearing held February 18, 2013,the Planning Commission recommended
approval 6:0 of the specific use permit.
Approval of ordinance.
Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
GRANTING A SPECIFIC USE PERMIT TO ALLOW THE SALE,STORAGE,INSTALLATION AND SERVICING
OF GENERATORS IN A GC-MD(GENERAL COMMERICAL-MULTIPLE FAMILY DWELLING)DISTRICT AT
1412 ASHLEY AVENUE IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember
Pate seconded the motion.
Minutes—February 26,2013
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Ordinance 13 - 011
3. Consider amending Section 28.03.023(e)of the Zoning Ordinance, Permitted Use Table,to
allow tutoring in an RM-H (Residential Multiple Family Dwelling-Highest Density) District
with a specific use permit.
A property owner recently spoke with staff about moving her tutoring business into an office
building that she owns at 1450 Wellington Circle. At that time, she was told that tutoring is
not permitted in the RM-H (Residential Multiple Family Dwelling-Highest Density) District
either by right or with a specific use permit.
In July, 1984,the subject property was zoned RM-H and a specific use permit was granted
to allow professional offices on Lots 1-5 and Lots 20-22, Dowlen Plaza. In September,
1987, the existing specific use permit was expanded to allow additional commercial uses,
including some personal services, some amusement and recreation services, some health
services, some social services, museums, some membership organizations and some
services not elsewhere classified. However,educational services(SIC 822,824,829)were
not included.
In order to allow tutoring services, the Planning Manager told the property owner that the
property would either have to be rezoned to a commercial zoning or the Zoning Ordinance
could be amended to allow tutoring with a specific use permit in the RM-H District.
The Planning Manager feels that tutoring services would not detract from any of the other
uses permitted with a specific use permit on the aforementioned lots. In addition, the
Planning Manager feels that amending the Permitted Use Table to allow tutoring services
would be much less objectionable to surrounding property owners than rezoning the
commercial properties to a commercial district that would allow tutoring by right.
Therefore, the Planning Manager recommended the following:
At a Joint Public Hearing held February 18, 2013, the Planning Commission
recommended approval 6:0 of the amendment.
Approval of ordinance.
Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
AMENDING CHAPTER 28, SECTION 28.03.23(E) PERMITTED USE TABLE OF THE CODE OF
ORDINANCES OF BEAUMONT, TEXAS, ADDING TUTORING AS A SIC PRIMARY USE; PROVIDING FOR
Minutes—February 26,2013
SEVERABILITY; PROVIDING FOR REPEAL;AND PROVIDING A PENATLY. Councilmember Coleman
seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Ordinance 13 - 012
4. Consider a resolution authorizing the City Manager to apply to the Texas Department of
Housing and Community Affairs for Emergency Solutions Grant Funds.
Given the extent of homelessness within our community, we are recommending that an
application be made to the Texas Department of Housing and Community Affairs for up to
$285,000 in Emergency Solutions Grant funds. As the lead agency under the application,
the City would accept applications from various local providers to act as sub-recipients of
the program, providing services directly to the homeless. This competitive process would
be similar to the Homeless Prevention and Rapid Rehousing(HPRP)Program that the City
administered over the last two years. If awarded, a call for applications will be made and
submitted to the Community Development Advisory Committee for consideration and
recommendation to City Council for final award.
U.S. Department of Housing and Urban Development (HUD), administered through the
Texas Department of Housing and Community Affairs (TDHCA).
Approval of the resolution.
Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE
AND HE IS HEREBY AUTHORIZED TO APPLY FOR AND RECEIVE FUNDING IN AN AMOUNT UP TO
$285,000 IN EMERGENCY SOLUTIONS GRANT(ESG)FUNDING THROUGH THE TEXAS DEPARTMENT
OF HOUSING AND COMMUNITY AFFAIRS (TDHCA) TO PROVIDE SERVICES FOR THE HOMELESS.
Mayor Pro Tern Coleman seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Resolution 13 - 055
Minutes—February 26,2013
5. Consider a resolution approving a change order to the contract with Bruce's General
Construction, Inc. related to the Surface Restoration Due To Utility Cuts Rehabilitation
Project, approving the final payment and accepting the Project.
On July 24, 2012, City Council awarded Bruce's General Construction, Inc.the contract for
the Surface Restoration Due To Utility Cuts Rehabilitation Project in the amount of
$349,360.00. To date, there has been one change order approved resulting in an increase
of$37,928.15.
Change Order No. 2 decreases the contract amount($9,465.28)and is necessary to adjust
the quantities actually used during the performance of the project.
The Project has been inspected and completed in accordance with the Terms and
Conditions set out in the contract documents and we recommend final payment to Bruce's
General Construction, Inc. in the amount of$25,578.64.
Capital Program.
Approval of resolution.
Councilmember Getz made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE
AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 2 TO ADJUST QUANTITIES
ACTUALLY USED DURING THE PERFORMANCE OF THE PROJECT, THEREBY DECREASING THE
CONTRACT AMOUNT BY (49,465.28) FOR A TOTAL CONTRACT AMOUNT OF $377,822.87.
Councilmember Pate seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Resolution 13 - 056
6. Consider an ordinance authorizing the participation of the City of Beaumont with other
Entergy Texas service area cities in matters concerning Entergy at the Public Utility
Commission of Texas and the Federal Energy Regulatory Commission in 2013.
Administration recommends approval of an ordinance authorizing the participation of the
City of Beaumont with other Entergy Texas service area cities in matters concerning
Entergy at the Public Utility Commission of Texas and the Federal Energy Regulatory
Commission in 2013.
The City of Beaumont is statutorily given the responsibility of exclusive original jurisdiction
over the rates, operation and services of Entergy Texas, Inc. (ETI),which provides electric
utility services in the City of Beaumont. To ensure that ETI is providing fair, just and
Minutes—February 26,2013
reasonable rates and efficient services to the area, the City of Beaumont continually
assesses the ongoing efforts of ETI in the services it provides to the citizens of Beaumont.
This is accomplished primarily through the combined efforts of the other cities in the
Entergy service area with similar jurisdictional responsibilities.
It is anticipated that ETI will initiate various proceedings before the cities within its service
area, the Public Utility Commission of Texas or before the Federal Energy Regulatory
Commission in the year 2013. Efforts have already been initiated by ETI to integrate with
the Midwest Independent System Operator (MISO) and divest its transmission system
through a transaction with ITC Holdings, Corp. Additionally, the filing of fuel factor
proceedings at the PUC and proceeding to determine the proper Texas allocation of rough
production costs equalization payments are anticipated in the upcoming year. These
matters all warrant the attention of the cities in the ETI service area and participation in the
proceedings that may come before the PUC and the Federal Energy Regulatory
Commission as a result.
The proposed ordinance is one that is periodically brought before the Council seeking
continued authority to participate as a member in the Steering Committee of cities within
the ETI service area in the rate,fuel, fuel related and various other operation and services
matters that are anticipated. The ordinance also authorizes the hiring of the consultants
and lawyers through the Steering Committee to facilitate the efforts of the ETI service area
cities.
The reasonable expenses associated with rate related matters are reimbursable by the
company.
Councilmember Samuel made a motion to ADOPT AN ORDINANCE OF THE CITY COUNCIL OF
BEAUMONT,TEXAS,AUTHORIZING PARTCIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN
MATTERS CONCERNING ENTERGY TEXAS,INC.AT THE PUBLIC UTILITY COMMISSION OF TEXAS AND
THE FEDERAL ENERGY REGULATORY COMMISSION IN 2013. Mayor Pro Tern Coleman seconded
the motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Ordinance 13 - 013
PUBLIC HEARING
* Dangerous Structures
Public Hearing Open - 2:12 p.m.
Minutes—February 26,2013
Public Comments were made by the following citizens who personally appeared and
requested additional arrangements for their property.
Herman & Madonna Johnson 3120 Bolivar Beaumont TX
Item #5 3120 Bolivar
Jeanette Rideau 2305 Euclid Beaumont TX
Item #11 2004 College (Commercial)
Dejoie Placide 3035 Concord Beaumont TX
Item #12 3530 Concord (Commercial)
Ronald Mitchell 310 East Gill Beaumont TX
Item #18 310 E. Gill & Auxiliary Buildings
Kenneth D. Furlow P.O. Box 20437 Beaumont TX
Item #33 1323 Magnolia (Commercial)
Terry Johnson 608 Palm Beaumont TX
Item #36 608 Palm
Public Hearing Closed - 2:26 p.m.
7. Consider an ordinance declaring certain structures to be dangerous structures and
ordering their removal within 10 days or authorizing the property owner to enroll the
dangerous structure in a work program.
These structures have been inspected by the Building Codes Division and found to be
unsafe structures as defined by the City of Beaumont's Code of Ordinances, Chapter 24,
Article 24.04 Unsafe Substandard Structures, Division 1, Sec. 14.04.001 of the 2009
International Property Maintenance Code.Additionally,these structures have deteriorated
to a condition that they are no longer considered suitable for repair.
City may incur the cost of demolition. Sources may include General funds and Community
Development Block Grant (CDBG) funding.
Approval of the ordinance.
Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AS
WELL AS TO ALLOW PROPERTY OWNERS OF ITEMS#5, 11, 12,33, 18&36,TO ENTER INTO A 150
DAY WORK PROGRAM ON THE DANGEROUS STRUCTURES LIST,ITEM#38 WAS REMOVED FROM THE
LIST; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Councilmember Pate
seconded the motion.
Minutes—February 26,2013
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Ordinance 13 — 014
COUNCILMEMBER COMMENTS
COUNCILMEMBER SMITH- ABSENT
COUNCILMEMBER SAMUEL- CONGRATULATED DR.SIMMONS FOR ALL THAT HE HAS DONE
FOR LAMAR UNIVERSITY AS WELL AS THE CITY OF
BEAUMONT,ALSO COMMENTED ON THE FIRE DEPARTMENT
AND THE CITY WORKERS FOR THE HARD WORK TO RECEIVE
THE ISO RATING THAT THE CITY RECEIVED
COUNCILMEMBER PATE- COMMENTED ON QUOTA INTERNATIONAL AND THE HONOR TO
THE MAYOR ON THURSDAY NIGHT, GREAT EVENT AND WELL
ATTENDED,COMPLIMENTED THE BETTER BUSINESS BUREAU
AND THE GREAT JOB THEY DO,ALSO THANKED DR.SIMMONS
AND HIS WIFE SUSAN ON THE GREAT JOB THEY HAVE DONE IN
THE COMMUNITY AND FOR LAMAR UNIVERSITY
COUNCILMEMBER WRIGHT- CONGRATULATED DR. SIMMONS AND THE BETTER
BUSINESS BUREAU, COMPLIMENTED THE BEAUMONT
PROFESSIONAL FIRE FIGHTERS AND GALEN KEY WHO IS THE
PRESIDENT,THEY WORKED REALLY HARD ALONG WITH STAFF
TO MAKE THE COMMUNITY SAFE AND TO GET THE GREAT ISO
RATING
COUNCILMEMBER GETZ- STATED THAT HE CONCURS WITH WHAT ALL THE
COUNCILMEMBERS BEFORE HIM STATED
MAYOR PRO TEM COLEMAN- THANKED DR. SIMMONS AND ALL THE WORK THAT HE HAS
DONE FOR LAMAR UNIVERSITY, CONGRATULATED COOPER
SLOTT ON A GREAT JOB AND COMPLIMENTED HIS PARENTS
FOR TEACHING HIM TO GO OUT AND RAISE MONEY TO HELP
OTHERS, ALSO REMINDED CITIZENS TO BE SURE AND CALL
THEIR INSURANCE COMPANY
CITY ATTORNEY COOPER- NONE
CITY MANAGER HAYES- NONE
MAYOR AMES- NONE
Minutes—February 26,2013
Public Comments (Persons are limited to three minutes)
Jonathan Cassidy 1475 IH-10 Beaumont TX
Spoke regarding a felony conviction that he received 35 years ago, also informed Council
that he gave them the wrong name of the deceased person that he spoke of in his report
There being no other business to come before Council, the meeting adjourned at 2:37 p.m.
io available upon request in the City Clerk's Office.
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Minutes—February 26,2013