HomeMy WebLinkAboutMIN JUN 25 2013 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 Michael D.Getz,Ward II
Audwin Samuel,Ward III June 25,2013 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 June 25, 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 4-7/Consent Agenda
Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Pastor G.W. Bryant of Pilgrim Rest Baptist 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 Wright, Councilmembers Coleman,
Getz, Pate, Samuel (arrived at 1:31 p.m.) 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 4-7/Consent Agenda.
Hani Tohme, Director of Water Utilities recognized Barry Miller for receiving "Operator of
the Year"by the Texas Water Utilities Association presented at the 56th Annual Southeast
Regional School held at the Holiday Inn in Beaumont the week of April 22, 2013. Barry is
Superintendent with the Water Utilities Department, Water Treatment Plant
CONSENT AGENDA
Approval of minutes - June 18, 2013
Confirmation of committee appointments — Resolution 13 - 130
Jef Russell would be reappointed to the Convention and Tourism Advisory Board. The current
term would expire April 4, 2015. (Councilmember W.L. Pate, Jr.)
Norris Turner would be reappointed to the Historic Landmark Commission. The current term
would expire June 18, 2015. (Councilmember Jamie D. Smith)
Minutes—June 25,2013
Georgine Guillory would be reappointed to the Small Business Revolving Loan Fund Board. The
current term would expire June 11, 2015. (Councilmember Jamie D. Smith)
Pastor Dwight Benoit would be reappointed to the Police Department Community Advisory
Committee. The current term would expire January 10, 2015. (Mayor Becky Ames)
A) Approve a resolution authorizing the City Manager to execute a deed conveying a single
family home located at 405 Jeanette Street to Legacy Community Development
Corporation — Resolution 13 - 131
B) Approve a resolution authorizing the City Manager to file an After the Fact Permit and
Tolling Agreement for the Department of the Army, Galveston District, Corps of Engineers
— Resolution 13 - 132
C) Approve a resolution authorizing the acceptance of a ten foot wide Exclusive Water Line
Easement located at 7925 North Major Drive — Resolution 13 - 133
D) Approve a resolution authorizing the City Manager to execute letters of understanding with
Hertz Equipment Rental of Deer Park and United Rentals of Beaumont to provide
emergency generators for the City of Beaumont during a declared disaster—Resolution
13 - 134
E) Approve a resolution approving a contract for Towing Services-Impounding of Uninsured
Vehicles to TNT Towing of Beaumont— Resolution 13 - 135
F) Approve a resolution accepting grant funding through the Department of Homeland
Assistance to Firefighter Grant Program — Resolution 13 - 136
Councilmember Coleman made a motion to approve the Consent Agenda. Mayor Pro Tern
Wright seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
GETZ, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
1. Consider an ordinance approving a zone change from RS (Residential Single Family
Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District for
property located at the northwest corner of East Lucas Drive and Fort Drive.
James K. Farrelly, representing Family Dollar on behalf of Annette Lognion, has applied
for a zone change.
Minutes—June 25,2013
The subject property is located at the northwest corner of East Lucas Drive and Fort Drive.
This zone change will allow for the property to be used as a Family Dollar. It is in keeping
with the character of the surrounding neighborhood.
The south 150'±of the parcel is already zoned GC-MD, while the north 286±of the parcel
is zoned RS. A sidewalk shall be required along East Lucas Drive, adequate landscaping
and screening of the site from adjacent residential properties shall be required.
At a Joint Public Hearing held June 17, 2013, the Planning Commission recommended 5:1
to approve a zone change from RS (Residential Single Family Dwelling) District to GC-MD
(General Commercial-Multiple Family Dwelling) District for property located at the
northwest corner of East Lucas Drive and Fort Drive.
Approval of ordinance.
Mayor Pro Tern Wright 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 RS (RESIDENTIAL SINGLE
FAMILY DWELLING) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)
DISTRICT FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF EAST LUCAS DRIVE AND FORT
DRIVE, BEAUMONT,JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL; AND PROVIDING A PENALTY. Councilmember Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
GETZ, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 13 - 037
2. Consider an ordinance approving a specific use permit to allow a boarding house in an
RM-H (Residential Multiple Family Dwelling-Highest Density) District for property located at
2390 Cartwright Street.
Saving Grace Ministry has applied for a specific use permit.
The specific use permit is to allow for the use of an existing structure as a boarding house
for sober living women. The subject property is located at 2390 Cartwright Street.
The proposed use will offer group home facilities for women seeking assistance in
recovering from addiction. Normal business hours will be from 8 a.m. to 5 p.m. Residents
will typically not occupy the facility during these hours, as they will be expected to be at
work, school, or otherwise engaged. Morning and evening times will focus on activities
around the facility. Curfews will be enforced by staff members and managers.There will be
a maximum of 10 residents, all residents and staff members will be female. The developer
has requested a waiver of the fencing requirement.
Minutes—June 25,2013
Traffic Division has noted that the parking for the facility is inadequate and must be
provided on site, sufficient for the needs of the facility's staff and residents. The letter
submitted with the application notes that the residents in the facility will typically utilize
public transportation and that installation of additional parking would negatively affect
property values in the area. City Ordinance provides that:
where the listed regulations are not applicable, in the judgment of the director of
transportation, the parking requirements shall be determined by the director of
transportation. Computations of required parking spaces by the director of
transportation shall be final, subject only to an appeal to the board of adjustment.
(Chapter 28 Section 28.04.002 (a)(6)(C))
At a Joint Public Hearing held June 17, 2013, the Planning Commission recommended
6:0 to approve a specific use permit to allow a boarding house for sober living women in a
RM-H district at 2390 Cartwright Street subject to the following conditions:
1) The owner will work with the Traffic Division to devise an appropriate plan for off-
street parking that is acceptable to the City.
2) The buffer/non-privacy security fencing required at the rear of the hospital.
3) Standing curfew of 9:00 p.m., with exception made for employment hours.
4) Security cameras operational for the facility.
Approval of ordinance subject to the following conditions:
1) The owner will work with the Traffic Division to devise an appropriate plan for off-
street parking that is acceptable to the City.
2) The buffer/non-privacy security fencing required at the rear of the hospital.
3) Standing curfew of 9:00 p.m., with exception made for employment hours.
4) Security cameras operational for the facility.
Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A
SPECIFIC USE PERMIT TO ALLOW A BOARDING HOUSE FOR SOBER LIVING WOMEN IN A RM-H
(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)DISTRICT FOR PROPERTY LOCATED
AT 2390 CARTWRIGHT STREET SUBJECT TO THE CONDITIONS, BEAUMONT,JEFFERSON COUNTY,
TEXAS. Councilmember Coleman seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
PATE, SAMUEL AND SMITH
NAYS: COUNCILMEMBER GETZ
MOTION PASSED
Ordinance 13-038
3. Consider an ordinance approving a specific use permit to allow a mobile medical clinicto
be located at 3455 Sarah Street.
Gulf Coast Health Center, Inc. has applied for a specific use permit.
Minutes—June 25,2013
The mobile clinic will be located on a site with an existing building already in use by the
company. The mobile clinic will be in a large bus/recreational vehicle where patients will
enter to receive basic health care and ancillary services. The mobile medical clinic will
supplement the activities already offered in the building. The mobile clinic will be in
operation at this location on Wednesdays and Thursdays from 9 a.m. to 3 p.m. and will
utilize three additional employees.
The mobile clinic will enable enhanced access for low cost or free health care. It will help
with education toward self-directed health management, and will decrease the demand on
emergency medical care.
The Water Utilities Department noted that an RPZ will need to be installed on the
downstream side of the meter within 12" of the meter. Traffic Division has noted that the
parking for the mobile medical clinic shall not interfere with parking associated with the
existing use.
At a Joint Public Hearing held June 17, 2013, the Planning Commission recommended 6:0
to approve a specific use permit to allow a mobile medical clinic to be located at an existing
medical facility at 3455 Sarah Street,with the condition that if they connect to public water,
an RPZ will need to be installed on the downstream side of the meter within 12" of the
meter.
Approval of ordinance with the condition that if they connect to public water, an RPZ will
need to be installed on the downstream side of the meter within 12" of the meter.
Councilmember Smith moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A
SPECIFIC USE PERMIT TO ALLOW A MOBILE MEDICAL CLINIC TO BE LOCATED AT 3455 SARAH
STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Wright
seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
GETZ, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 13 - 039
4. Consider a resolution approving a change order to the contract with Allco, LLC, related to
the Wastewater Treatment Plant Bar Screen Replacement and Aerobic Digester
Rehabilitation Projects.
The City Council approved a contract with Allco, LLC, on August 9, 2011, in the amount of
$2,920,815.00. The contract will furnish all labor, materials, and equipment to remove and
replace the existing bar screen mechanisms and rehabilitate the existing digester aeration
system at the existing Wastewater Treatment Plant on Lafin Road.
The proposed change order in the amount of $196,722 will furnish all necessary
engineering design, labor, materials, and equipment to replace the existing walls and roofs
of the two main junction boxes located at the entrance and the northeast corner of the
Minutes—June 25,2013
Wastewater Treatment Plant with precast sealed reinforced concrete structures and related
appurtenances. The bases of the existing boxes will be rehabilitated, sealed and
connected to the new structures. The sanitary sewer gases deteriorated the existing
reinforced concrete junction boxes causing the junction box on the northeast corner of the
Plant to collapse. In addition, this change order will delete Additive Bid Item 6 for 42-inch
bypass pumping. This proposed change includes a request for 180 days to be added to
the contract time.
The bar screen is the first required stage of wastewater treatment. It removes large debris,
plastics, rags, and other material that is difficult to remove during primary treatment and
can damage the pumps. The existing bar screens have been in service for nearly 10
years. They have deteriorated and require constant maintenance due to the large amount
of debris received at the Wastewater Treatment-Plant. The screw conveyor system
removes the debris collected by the bar screens. The debris is then dewatered prior to
disposal. The existing screw conveyor system does not handle large debris and therefore
requires constant maintenance. The new conveyor system will provide consistent removal
of debris of various sizes.
Capital Program.
Approval of resolution.
Councilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS
HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 4 IN THE AMOUNT OF $196,722.00,
THEREBY INCREASING THE CONTRACT AMOUNT TO $3,214,766.66 FOR THE WASTEWATER
TREATMENT PLANT BAR SCREEN REPLACEMENT AND DIGESTER REHABILITATION PROJECT.
Councilmember Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
GETZ, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 13 - 137
5. Consider a resolution authorizing publication of a notice of intention to issue Certificates
of Obligation in an amount not to exceed $43 Million.
On June 19, 2013, Council held a workshop to discuss a potential issue of Certificates of
Obligation, proposed projects to be funded, and the impact on the property tax rate. The
proposed issue is in an amount not to exceed $43 Million. The proposed projects include:
$15 Million City-wide Street Rehabilitation
$3 Million Replacement of Fire Station No. 11
$2.5 Million Completion of South Park Drainage Relief Project
$1.5 Million City-wide Stormwater Master Plan Study
$1.2 Million Completion of New Public Health Complex
$4.75 Million Magnolia Overlay from Fannin to East Gill
Minutes—June 25,2013
$2 Million Delaware Overlay from Concord to Dowlen Road
$4.5 Million New Senior Center to replace Best Year's Center
$5 Million Riverfront Development and Improvements
$2.55 Million Contingency
There is an additional $1 Million to allow for more flexibility and to pay for all bond related
issuance costs. The City's tax rate is currently $0.64 per $100 assessed valuation with
$0.46 dedicated to the General Fund and $0.18 dedicated to the Debt Service Fund.
During the last ten years, the tax rate, starting at $0.67, has been reduced several times
and has been maintained at $0.64 for the last five years. In July 2012 the City's Financial
Advisor, RBC Capital Markets, conducted a work session with the City Council and stated
that the tax rate for Fiscal Year 2014 would need to increase by at least $0.01 to service
the existing debt. After issuing the proposed Certificates of Obligation, the property tax
rate will need to be increased by a total of$0.05 effective October 1, 2013. The new tax
rate would be$0.69 per$100 assessed valuation. The average taxpayer will pay less than
$5 more per month due to this increase.
Issuance of the Certificates is tentatively scheduled for July 30, 2013 with delivery and
receipt of proceeds by the City on August 27, 2013.
All debt and other expenses related to the Certificates of Obligation shall be incurred by the
Debt Service Fund.
Approval of resolution.
COuncilmember Samuel moved to APPROVE A RESOLUTION AUTHORIZING PUBLICATION OF
NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION. Mayor Pro Tern Wright
seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
GETZ, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 13 — 138
6. Consider a resolution approving the engagement of Orgain, Bell, and Tucker, LLP, as bond
counsel relating to the proposed issuance of not to exceed $43 Million of Certificates of
Obligation, Series 2013 for a minimum fee of $17,500 per series or .15% of the face
amount of the Bonds issued.
The certificates of obligation will be issued to finance the street, drainage, and general
improvement projects and pay for professional services rendered in connection with each.
Issuance of the Bonds is tentatively planned for July 30, 2013, with proceeds being
received in August 2013.
Debt Service Fund.
Minutes—June 25,2013
Approval of resolution.
Councilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY IS AUTHORIZED TO AND
HEREBY EMPLOYS ORGAIN, BELL&TUCKER, LLP, BEAUMONT, TEXAS,AS A BOND COUNSEL FOR
THE ISSUANCE OF THE BONDS, PURSUANT TO THE TERMS OF THE ENGAGEMENT LETTER DATED
JUNE 14, 2013, PRESENTED BY ORGAIN, BELL&TUCKER, LLP,TO THE CITY,AND THAT THE CITY
AND ITS BOND COUNSEL ARE AUTHORIZED TO PROCEED WITH TAKING ALL ACTION APPROPRIATE
FOR THE ISSUANCE OF THE BONDS;PROVIDED,HOWEVER,THAT THE BONDS SHALL BE ISSUED ONLY
IF THE FINAL TERMS THEREOF ARE HEREINAFTER APPROVED BY THE CITY COUNCIL.
Councilmember Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
GETZ, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 13 — 139
WORK SESSION
* Review and discuss increasing various garbage collection rates
Hanie Tohme, Water Utilities Director discussed the garbage collection rate increase. There was
a residential rate comparison by City. The cities that were compared were Pasadena, Mesquite,
Port Neches, Groves, Nederland, Port Arthur and Vidor. The expenditure verses the revenue as
well as the 2013 projections were discussed. The proposed rates per month forthe first container
beginning July, 2013, would be$16.00 and the proposed rate per month for the second and third
containers would be$3.75. The yearly projected revenue increase with 34,230 accounts would be
$410,760 and the yearly projected revenue increase for the second and third containers with
4,350 accounts would be $13,050. The proposed rate increase will keep the garbage collection
rate lower than the rates in neighboring cities. The proposed rate increases will help stabilize the
Solid Waste Fund as well as allow the City to continue providing superior quality services to the
citizens.
7. Consider an ordinance amending Section 22.05.211(b)(1) and (2) of the Code of
Ordinances to increase garbage rates.
The current garbage collection rates are $15.00 with an additional $3.50 for an extra can.
Senior citizen rates at a 10%discount are$13.50 with an additional $3.50 for an extra can.
The Administration is proposing that effective July 1, 2013 the garbage collection fee would
increase a $1.00 per month to$16.00. Also the extra can fee would increase to$3.75 and
the senior citizen rate would increase to $14.40 per month. The projected revenue
increase on an annual basis is estimated at $418,800 based on accounts billed through
May 2013.
Approval of resolution.
Minutes—June 25,2013
Councilmember Coleman moved t0 ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING
CHAPTER 22, SECTIONS 22.05.211(B)(1)(A) AND 22.05.211 (13)(1)(8), OF THE CODE OF
ORDINANCES OF BEAUMONT,TEXAS,TO INCREASE GARBAGE AND TRASH RATES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE
DATE. Councilmember Samuel seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
GETZ, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 13 - 040
COUNCILMEMBER COMMENTS
COUNCILMEMBER COLEMAN - COMMENTED ON THE "LET'S MOVE", CITIES, TOWNS AND
COUNTIES PROGRAM, STATED THAT BEAUMONT RANKS#2
IN POINTS OUT OF THE CITIES PARTICIPATING IN THE U.S.,
AFTER JULY 15T"THE CITY WILL BE#1 IN THE NATION FOR
POINTS THE CITY WILL RECEIVE FOR PARTICIPATING IN THE
PROGRAM,ANNOUNCED ON JULY 15,2013 FROM 9:00 A.M.
TO 11:00 A.M.,CHILD CARE FACILITY OWNERS MAY ATTEND
THIS SESSION TO LEARN MORE ABOUT HELPING KIDS EAT
RIGHT AND STAY ACTIVE,THE FIRE DEPARTMENT WILL ALSO
OFFER A COURSE ON EMERGENCY PREPAREDNESS, FIRE
CARE AND SAFETY
COUNCILMEMBER GETZ- COMMENTED ON THE SUPREME COURT RULING AND HOW IT
WILL AFFECT THE CITY OF BEAUMONT AND BISD, READ A
STATEMENT FROM MICHAEL WILLIAMS, COMMISSIONER OF
EDUCATION
MAYOR PRO TEM WRIGHT- THANKED COUNCILMEMBER COLEMAN FOR BRINGING THE
"LET'S MOVE", CITIES, TOWNS AND COUNTIES PROGRAM
TO THE CITY,THANKED THE DEPARTMENTS FOR WHAT THEY
DO TO KEEP THE CITIZENS MOVING FORWARD IN A POSITIVE
MANNER
COUNCILMEMBER PATE - THANKED THE DEPARTMENT HEADS FOR ALL THEY DO AS
WELL AS ALL EMPLOYEES, COMMENTED ON BEAUMONT
BEING REFERRED TO AS BEING THE MUSEUM CAPITAL OF
S.E. TEXAS, STATED THAT CHANNELS SIX AND FOUR ARE
DOING THEIR MORNING SHOWS ON MUSEUMS AND ARE
VISITING AS MANY AS THEY CAN, ALSO THANKED ORGAIN
BELL AND TUCKER ON THE GREAT JOB THEY ARE DOING
Minutes—June 25,2013
COUNCILMEMBER SAMUEL- STATED THAT BEAUMONT IS A GREAT PLACE TO LIVE WORK
AND PLAY,THE CITY HAS DEDICATED EMPLOYEES THAT HELP
MAKE BEAUMONT ALL IT CAN BE, HOPES THAT ONE DAY
LEADERSHIP CAN WORK TOGETHER TOWARD BUILDING UP,
INSTEAD OF TEARING DOWN AND BRINGING ABOUT BRIDGES
COUNCILMEMBER SMITH - WELCOMED THE HEBERT PANTHERS MASS REUNION THAT'S
TAKING PLACE THIS WEEK, LOOKS FORWARD TO
PARTICIPATING WITH THEM
CITY ATTORNEY COOPER- NONE
CITY MANAGER HAYES- NONE
MAYOR AMES- NONE
Public Comments (Persons are limited to three minutes)
Loretta Moore 2455 Corley Beaumont TX
Spoke against the boarding house for sober living at the property located at 2390
Cartwright Street
Jenerie Sonion Newton St. Beaumont TX
Spoke in opposition of the boarding house for sober living at the property located at 2390
Cartwright Street, stated that most of the citizens in their area were notified, stated that the
agenda was not posted on the City's web site so how can citizens know this facility is being
put into their neighborhood if they don't know that the meeting is occurring
EXECUTIVE SESSION - CANCELLED
Consider matters related to contemplated or pending litigation in accordance with Section
551.071 of the Government Code:
Triad Transport, Inc.
With Executive Session being cancelled, Council adjourned at 2:51 p.m.
dio available upon request in the City Clerk's Office.
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Tina Broussard, City Clerk
Minutes—June 25,2013