HomeMy WebLinkAboutMIN FEB 25 2014M 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 11
Audwin Samuel, Ward III February 25, 2014 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 25, 2014,
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 2 -5 /Consent Agenda
Consent Agenda
Mayor Ames called the council meeting to order at 1 :30 p.m.
Pastor Gerald 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 and Samuel. Absent: Councilmember Jamie Smith. Also present were Kyle Hayes,
City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk.
Councilmember Smith was absent due to a medical procedure.
Proclamations, Presentations, Recognitions
"Recognition for Ron Wesbrooks" - February 25, 2014 - Proclamation read by
Councilmember Getz; accepted by Ron Wesbrooks, his wife and members of the Tennis
Association
Public Comment: Persons may speak on scheduled agenda items 2 -5 /Consent Agenda.
None
CONSENT AGENDA
Approval of minutes - February 18, 2014
Confirmation of committee appointments — Resolution 14 - 040
Molly J. Dahm, PhD would be reappointed to the Convention and Tourism Advisory Board. The
current term would expire October 23, 2014. ( Councilmember Audwin M. Samuel)
Minutes — February 25, 2014
A) Approve a resolution approving the award of a contract for Workers Compensation Claims
Administration to Abercrombie, Simmons and Gillette (AS &G) of Houston — Resolution 14
—041
B) Approve a resolution approving the award of a contract for property insurance broker to
Higginbotham dba Talon Insurance Agency of Nederland — Resolution 14 - 042
C) Approve a resolution approving the award of a contract for real estate broker services to
NAI Wheeler of Beaumont — Resolution 14 - 043
D) Approve a resolution approving a change order to the contract with Brystar Contracting,
Inc., related to the Wastewater Treatment Plant Holding Pond Project and Dredging of
Ponds 1 and 2 Project — Resolution 14 - 044
E) Approve a resolution authorizing the City Manager to execute all documents necessary,
specifically including a MOU between the 842nd Transportation Battalion and the Beaumont
Police Department — Resolution 14 - 045
F) Approve a resolution authorizing the City Manager to execute all documents necessary,
specifically including a contract, in order for the Southeast Texas Auto Theft Task Force
(City of Beaumont) to transfer a vehicle title to the City of Port Arthur Police Department
Resolution 14 — 046
G) Approve a resolution authorizing the acceptance of a ten foot wide Exclusive Water Line
Easement for the construction and expansion of a building at 410 IH 10 South —
Resolution 14 047
H) Approve a resolution authorizing the acceptance of a ten foot wide Non - Exclusive Water
Line Easement, described as being a 948.42 sq foot acre tract out of the J. W. Bullock
League, Abstract No. 7, for the construction of a new building located at 4925 West
Cardinal Drive — Resolution 14 - 048
1) Approve a resolution authorizing the acceptance of a ten foot wide Non - Exclusive Water
Line Easement, described as being a 4709.59 sq foot acre tract out of the J. W. Bullock
League, Abstract No. 7, for the construction of a new building located at 4925 West
Cardinal Drive — Resolution 14 - 049
Councilmember Coleman moved to approve the Consent Agenda. Councilmember Pate
seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
GETZ, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Minutes — February 25, 2014
GENERAL BUSINESS
Consider an ordinance approving a specific use permit to allow a day care center and
boarding kennel for dogs in a GC -MD (General Commercial - Multiple Family Dwelling) District
at 6875 Eastex Freeway.
Irene Torbett has applied for a specific use permit.
The applicant states that her business, Planet Canine, will provide dog daycare, overnight
stays, grooming and obedience training. Adequate measures will be taken to ensure that
odors and noise are held to a minimum.
The proposed business will be located in an existing ±2310 sq. ft. building.
It should be noted that the business owner unknowingly opened without permits. Approval
of this specific use permit would allow for the business to continue operation at this site,
subject to all other codes and ordinances.
At a Joint Public Hearing held February 17, 2014, the Planning Commission recommended
7:0 to approve a specific use permit to allow a day care center and boarding kennel for
dogs in a GC -MD District at 6875 Eastex Freeway.
Approval of ordinance.
Councilmember Coleman moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING
A SPECIFIC USE PERMIT TO ALLOW A DAY CARE CENTER AND BOARDING KENNEL FOR DOGS IN A GC-
MD (GENERAL COMMERCIAL- MULITIPLE FAMILY DWELLING ) DISTRICT AT 6875 EASTEX FREEWAY IN
THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the
motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
GETZ, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Ordinance 14 - 006
2. Consider an ordinance abandoning the alley in Block 4, Glover Anderson Addition between
Avenue B and SP Road, just north of W. Lavaca Street.
Sherry S. Mack, Dependent Administrator of the Estate of William McKinley Mack, Sr., has
applied for the abandonment of an alley.
The Estate is scheduled to sell the property, pending the abandonment of the alley. The
alley divides the property as it consists of most of the adjoining lots , preventing it from
being fenced, etc.
At a Regular Meeting held February 17, 2014, the Planning Commission recommended
approval 7 :0 of the abandonment.
Minutes — February 25, 2014
Approval of ordinance.
Mayor Pro Tern Wright moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND
ABANDONING AN ALLEY LOCATED IN BLOCK 4, GLOVER ANDERSON ADDITION BETWEEN AVENUE B
AND SP ROAD, JUST NORTH OF W. LAVACA STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS.
Councilmember Pate seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
GETZ, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Ordinance 14 - 007
3. Consider an ordinance denying the rate increase of Entergy Texas, Inc. filed on September
25, 2013; setting just and reasonable rates for Entergy Texas, Inc. for service within the
City of Beaumont.
On September 25, 2013, Entergy Texas, Inc., ( Entergy) filed a Statement of Intent with the
City of Beaumont to increase electric base rates in the Entergy Service Area by $38.6
million per year together with two new surcharges for a total increase request of $53.1
million per year. The City Council, on October 22, 2013, suspended the effective date of
the requested increase until January 28, 2014. The effective date of the increase has been
further extended by agreement to March 24, 2014. The suspension was authorized and the
effective date extended in order to allow the services area cities an opportunity to evaluate
the requested increase.
The Steering Committee of Entergy Service Area Cities retained the Lawton Law Firm and
other utility rate consultants to analyze the rate increase request. The rate consultants
have determined that the request as presented is not justified and adjustments should be
made. After discussions with Entergy representatives regarding the recommended
adjustments, a negotiated settlement has been reached.
The proposed settlement provides for a base rate revenue increase of $18.5 million as well
as allowing for the implementation of two new surcharges. The two surcharges allow for a
Rough Production Cost Equalization in an amount of $11.4 million over a three year period.
The total amount of the resulting annual increase is $24 million, as it is proposed a typical
residential customer using 1,000 kWh per month would realize a slight decrease in their
current rates.
Dan Lawton, with the Lawton Law Firm, recommends the proposed settlement to the Cities
for approval as a fair outcome and a reasonable estimate of the rates that may be
approved had the case been appealed to the Public Utility Commission of Texas. The
steering Committee of Entergy Service Area Cities have considered the proposed
settlement and are also in agreement with the retained consultants that the settlement
should be accepted.
Minutes — February 25, 2014
Councilmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE BY THE CITY OF
BEAUMONT, TEXAS ( "CITY ") DENYING THE RATE INCREASE REQUEST OF ENTERGY TEXAS, INC.
FILED ON SEPTEMBER 25, 2013; SETTING JUST AND REASONABLE RATES FOR ENTERGY TEXAS,
INC. FOR SERVICE WITHIN THE MUNICIPAL LIMITS PURSUANT TO A SETTLEMENT WITH ENTERGY
TEXAS, INC.; REQUIRING ENTERGY TEXAS, INC. TO FILE UPDATED TARIFFS IN COMPLIANCE WITH THE
APPROVED RATES; FINDING MEETING ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Councilmember Getz seconded the
motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
GETZ, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Ordinance 14 — 008
4. Consider a resolution authorizing the City Manager to execute a wastewater service
agreement with the City of Bevil Oaks.
The Water Utilities Department provides water and /or wastewater services to 16 industrial
customers and 4,800 commercial customers. The Texas Commission on Environmental
Quality, Chapter 290, Sub - Chapter D, Rules and Regulations for Public Water Systems,
requires municipalities to execute water and /or wastewater service agreements with
wholesalers as well as non - transient communities which have a potential to serve at least
15 residential service connections on a year -round basis or serves at least 25 residents on
a year -round basis. Once service agreements are executed with such entities, they will be
required by state law to monitor and report the water quality inside of their property on a
monthly basis. This procedure will prevent any possible contamination of the City of
Beaumont water system and protect public health.
Bevil Oaks has requested to dispose of its domestic wastewater in the City of Beaumont's
sewage collection system to provide sewage services to its current and future residents.
The proposed service agreement will permit the disposal of Bevil Oaks' wastewater into the
City of Beaumont's sewage collection system. Bevil Oaks will acquire all necessary
easements and install new sanitary sewer lines sufficient to connect Bevil Oaks to the
nearest point of Beaumont's existing sewage collection system. Consequently, Bevil Oaks
will be responsible for paying for "outside the City" wastewater rates as set by the most
current City of Beaumont ordinance.
Approval of resolution.
Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE
IS HEREBY AUTHORIZED TO EXECUTE A WASTEWATER SERVICE AGREEMENT WITH THE CITY OF
BEVIL OAKS, LOCATED OUTSIDE THE CITY OF BEAUMONT, AS REQUIRED BY THE TEXAS COMMISSION
ON ENVIROMENTAL QUALITY, CHAPTER 290, SUB - CHAPTER D, RULES AND REGULATIONS FOR
PUBLIC WATER SYSTEMS. Councilmember Pate seconded the motion.
Minutes — February 25, 2014
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
GETZ, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Resolution 14 - 050
5. Consider a resolution approving the naming of the North End Community Center,
located at 3580 E. Lucas, in honor of Judge John Paul Davis.
The City Council discussed this item in a work session held on February 18, 2014. There
was consensus among the councilmembers present at the meeting to move forward with
an agenda item for consideration.
Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY
APPROVES THE RE- NAMING OF NORTH END COMMUNITY CENTER TO JUDGE JOHN PAUL DAVIS
COMMUNITY CENTER, LOCATED AT 3580 E. LUCAS. Mayor Pro Tern Wright seconded the
motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
GETZ, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Resolution 14 - 051
PUBLIC HEARING
Dangerous Structures
Public comments were made by the following citizens who personally appeared and
requested additional time to make repairs to their property.
Public Hearing Open: 1:59 p.m.
Kathleen Clinkscale 2280 Ave E.
Item #4 2280 Avenue E & Auxiliary Building
Guiulz Mahaffey 1805 Broadway
Item #6 1805 Broadway (Garage)
Michael Marshall 1194 Liberty
Item #30 1194 Liberty
Beaumont TX
Beaumont TX
Beaumont TX
Minutes — February 25, 2014
Colin Crabbe 1105 N. 23" St. Beaumont TX
Item #32 3710 W. Lynwood & Garage
Gladys Briggs Gamblin 4160 Paradice St.
Item #39 685 Royal
Larry Jackson
2007 Corley
Item #8 & 12 2007 Corley & 1192 Elgie
Public Hearing Close: 2:12 p.m.
Beaumont TX
Beaumont TX
6. 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 ordinance.
Councilmember Samuel moved 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 #4,6,8,12,30 AND 32, TO ENTER INTO A 150 DAY WORK
PROGRAM ON THE DANGEROUS STRUCTURE LIST, ITEM #39 WAS REMOVED AND RESCHEDULED;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Councilmember Coleman
seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
GETZ, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Ordinance 14 - 009
COUNCILMEMBER COMMENTS
COUNCILMEMBER SMITH - ABSENT
Minutes — February 25, 2014
COUNCILMEMBER SAMUEL - REMINDED EVERYONE THAT EARLY VOTING HAS STARTED,
STATED THAT THIS YEAR WILL BE A LITTLE DIFFERENT,
CITIZENS CAN GO TO ANY VOTING LOCATION AND CAST THEIR
VOTE, THIS SHOULD ENCOURAGE MORE CITIZENS TO GET OUT
AND VOTE
COUNCILMEMBER PATE - ENCOURAGED EVERYONE TO GO OUT AND VOTE,
COMMENTED ON HIS ATTENDANCE AT THE WILLIE RAY SMITH
AWARDS PROGRAM, ALSO ANNOUNCED THE BEST YEARS
CENTER MARDI GRAS CELEBRATION
MAYOR PRO TEM WRIGHT - COMMENTED ON THE SKILLS USA DISTRICT 7 CONFERENCE
SHE ATTENDED AT OZEN HIGH SCHOOL REPRESENTING THE
MAYOR WHO WAS UNABLE TO ATTEND, CONGRATULATED
LANGSTON ADAMS FOR BEING APPOINTED JUDGE OF COURT
AT -LAW #3 TO FULFILL THE REMAINING TERM OF JUDGE
JOHN PAUL DAVIS
COUNCILMEMBER GETZ - THANKED THE COMMUNITY FOR THEIR GENEROSITY, A
SCIENCE TEACHER AT WEST BROOK HIGH SCHOOL
APPEALED TO THE COMMUNITY TO TRY TO FIND RESOURCES
TO BUY SOME TEXT BOOKS FOR HIS STUDENTS, THEY
APPARENTLY COULDN'T FIND THE RESOURCES WITHIN THE
SCHOOL DISTRICT, OVER $3,000.00 WAS RAISED TO FUND
THE TEXT BOOKS THROUGH FACEBOOK
COUNCILMEMBER COLEMAN - CONGRATULATED COACH RON WESTBROOKS WHO IS A FINE
ASSET TO THE COMMUNITY, ATTENDED THE FAMILY
SERVICES LUNCHEON, CONGRATULATED SEVERAL WINNERS
OF FAMILY SERVICE AWARDS THAT GIVE BACK TO THE
COMMUNITY
CITY ATTORNEY COOPER - NONE
CITY MANAGER HAYES - NONE
MAYOR AMES - COMMENTED ON THE GIRLS HAVEN GUMBO COOK -OFF
WHERE SHE WAS A JUDGE, STATED THAT THE COOK -OFF WAS
A HUGE SUCCESS AND WELL ATTENDED
Public Comments (Persons are limited to three minutes)
Stacy Kaplowitz 3000 Skylark Dr. Beaumont TX
Requested that Council put a Resolution on the March 4, 2014, agenda supporting her
development, Cypress Place LP that will be located on Old Dowlen Road
Minutes — February 25, 2014
There being no Executive Session, Council adjourned at 2:25 p.m.
io available upon
na Broussard, City Clerk
est in the City Clerk's Office.
X
Minutes — February 25, 2014