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HomeMy WebLinkAboutMIN NOV 26 2002 M I N U T E S - CITY OF BEAUMONT Lulu L.Smith, Mayor Pro Tern EVELYN M. LORD, MAYOR Guy N. Goodson Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J. Patterson November 26, 2002 Audwin Samuel Lane Nichols, City Attorney Kyle Hayes, City Manager Susan Henderson,City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on November 26, 2002, 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 * Consent Agenda Mayor Evelyn Lord called the meeting to order at 1:30 p.m. Mayor Lord gave the invocation. Councilmember Patterson led the pledge of allegiance. Roll call by Susan Henderson, City Clerk. Present were: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Samuel and Patterson. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Susan Henderson, City Clerk. Absent from the meeting was Councilmember Becky Ames. Proclamations, Presentations and Recognitions * None Public Comment: Persons may speak on items listed on the Consent Agenda or on any General Business item. * None CONSENT AGENDA * Approval of minutes - Minutes of November 12, 2002. * Confirmation of committee appointments - Resolution 02-278 MajorGeneral Marvin Brailsford will be appointed to the Community Development Advisory Committee. His term will commence November 26, 2002 and will expire November 25, 2004. (Councilmember Audwin Samuel) Bruce Johnson will be reappointed to the Community Development Advisory Committee. His term will expire January 15, 2004. (Councilmember Audwin Samuel) June Brailsford will be appointed to the Convention and Tourism Advisory Committee. Her term will commence November 26,2002 and expire November 25,2004. (Councilmember Audwin Samuel) James Martin will be reappointed to the Drug Free Beaumont Commission. His term will expire May 8, 2004. (Councilmember Audwin Samuel) Ransom Jones will be appointed to the Drug Free Beaumont Commission. His term will commence November 26, 2002 and will expire November 25, 2004. (Councilmember Audwin Samuel) Adrian Hudspeth will be reappointed to the Keep Beaumont Beautiful Commission. His term will expire May 29, 2004. (Councilmember Audwin Samuel) Adrian Hudspeth will be reappointed to the Parks and Recreation Advisory Committee. His term will expire September 21, 2004. (Councilmember Audwin Samuel) Major General Marvin Brailsford will be appointed to the Small Business Revolving Loan Fund Advisory Committee. His term will commence November 26, 2002 and expire November 25, 2004. (Councilmember Audwin Samuel) A) Approve the pledge of a security as collateral for city accounts - Resolution 02-279 B) Approve a resolution that supports and endorses the application of the Jefferson County Sheriff's Department to apply for grant funds from the Texas Narcotics Control Program - Resolution 02-280 C) Accept maintenance of improvements in Pinebrook Place, Unit 2 - Phase 1 Subdivision - Resolution 02-281 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Samuel and Patterson Nays: None GENERAL BUSINESS 1. Consider a request for a specific use permit to allow guest quarters in an RS (Residential Single Family Dwelling) District at 235 Canterbury Drive. Administration recommended approval of a specific use permit to allow guest quarters in an RS (Residential Single Family Dwelling) District at 235 Canterbury Drive, subject to the guest house not being used for rental purposes. Minutes -November 26,2002 Page 2 At a joint Public Hearing with City Council held November 18, 2002, the Planning Commission voted 5:0 to approve a specific use permit to allow guest quarters in an RS (Residential Single Family Dwelling) District at 235 Canterbury Drive, subject to the guest house not being used for rental purposes. Mayor Pro Tern Smith moved to approve Ordinance 02-093 for a specific use permit to allow guest quarters in an RS (Residential Single Family Dwelling) District at 235 Canterbury, subject to the guest house not being used for rental purposes. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Samuel and Patterson Nays: None 2. Consider a request for a specific use permit to allow an office in an RCR (Residential Conservation and Revitalization) District at 2680 McFaddin. Administration recommended approval of a specific use permit to allow an office in an RCR (Residential Conservation and Revitalization)District at 2680 McFaddin. The building was formally approved for a specific use permit to be used as a day spa. Dave Jones, the current applicant, proposes to use the structure as the bookkeeping office for the eight Novrozsky restaurants in this area. At a joint Pubic Hearing with City Council held November 18, 2002, the Planning Commission voted 5:0 to approve a specific use permit to allow an office in an RCR (Residential Conservation and Revitalization) District at 2680 McFaddin. Councilmember Cokinos moved to approve Ordinance 02-094 for a specific use permit allowing an office in an RCR(Residential Conservation and Revitalization) District at 2680 McFaddin. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Samuel and Patterson Nays: None 3. Consider a request for a specific use permit to allow a church in an LI (Light Industrial) District at 1170 Montrose. Administration recommends approval of a specific use permit to allow a church in an LI (Light Industrial) District at 1170 Montrose, subject to the fire gate along Amelia Street remaining closed except for emergencies. The proposed Worship center will conduct adult and youth worship services, as well as provide nursery/toddler care for families. Other activities projected to be held at the Worship center include, but are not limited to, fund raising dinners and seasonal festivals. Minutes -November 26,2002 Page 3 At a joint Public Hearing with City Council held November 18, 2002, the Planning Commission voted 6:0 to approve a specific use permit to allow a church in an LI (Light Industrial)District at 1170 Montrose, subject to the fire gate along Amelia Street remaining closed except for emergencies. Councilmember Goodson moved to approve Ordinance 02-095 for a specific use permit to allow a church in an LI (Light Industrial)District at 1170 Montrose, subject to the fire gate along Amelia Street remaining closed except for emergencies. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Samuel and Patterson Nays: None 4. Consider a request for a specific use permit to allow church related parking facilities in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 2590, 2608 and 2650-52 Sabine Pass. Administration recommended approval of a specific use permit to allow church related parking facilities in an RM-H (Residential Multiple Family Dwelling-Highest Density)District at 2590,2608 and 2650-52 Sabine Pass including an 8'tall wooden fence along the interior lot lines and with a modification to the landscaping requirements along the interior lot lines of each parking lot. A new church is being built by Divine House of Refuge at the southeast corner of Martin Luther King Parkway and Sabine Pass. This particular structure and other dilapidated structures will be torn down so the properties can be used for parking. At a joint Public Hearing with City Council held November 18, 2002, the Planning Commission voted 6:0 to approve a specific use permit to allow church related parking facilities in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 2590, 2608 and 2650-52 Sabine Pass including an 8'tall wooden fence along the interior lot lines and with a modification to the landscaping requirements along the interior lot lines of each parking lot. Mayor Pro Tern Smith moved to approve Ordinance 02-096 for a specific use permit to allow church related parking facilities in an RM-H (Residential Multiple Family Dwelling- Highest Density) District at 2590, 2608 and 2650-52 Sabine Pass including an 8' tall wooden fence along the interior lot lines and with a modification to the landscaping requirements along the interior lot lines of each parking lot. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Samuel and Patterson Nays: None Minutes -November 26,2002 Page 4 5. Consider a request for a specific use permit to allow caretaker quarters in an RS (Residential Single Family Dwelling) District at 8150 Walker Road. Administration recommended approving a request for a specific use permit to allow caretaker quarters in an RS (Residential Single Family Dwelling) District at 8150 Walker Road, subject to no rental of the caretaker quarters. Doyle King, the property owner, is building a house at 8150 Walker Road for his elderly, handicapped parents. He is proposing to convert the garage into separate living quarters so a full-time care giver and driver for his parents can reside there. At Public Hearing with City Council held November 18, 2002, the Planning Commission voted 6:0 to approve a specific use permit to allow caretaker quarters in an RS(Residential Single Family Dwelling) District at 8150 Walker Road, subject to no rental of the caretaker quarters. Councilmember Cokinos moved to approve Ordinance 02-097 for a specific use permit to allow caretaker quarters in an RS (Residential Single Family Dwelling) District at 8150 Walker Road, subject to no rental of the caretaker quarters. Mayor Pro Tern Smith seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Samuel and Patterson Nays: None 6. Consider a request for a specific use permit to allow a beauty shop in an RM-H (Residential Multiple Family Dwelling-Highest Density) District for property located on Highway 105. Administration recommended approval of a specific use permit to allow a beauty shop in an RM-H(Residential Multiple Family Dwelling-Highest Density)District for property located on Highway 105, subject to revising the handicapped parking stall and getting approval of drainage from TxDOT with a waiver of the landscaping and screening requirements along the west and south sides of the subject property. The property's owner, Thuy Truong is planning to construct a beauty shop and related parking on the north side of the property which is located 3,164 feet west of the Major Drive intersection. Immediately adjacent to the east side of the property is a dental office. The applicant, Mark Whiteley&Associates, Inc., is requesting a specific use permit to allow a beauty shop on the property. At a joint Public Hearing with City Council held November 18, 2002, the Planning Commission voted 6:0 to approve a specific use permit to allow a beauty shop in an RM-H (Residential Multiple Family Dwelling-Highest Density) District for property located on Highway 105, subject to revising the handicapped parking stall and getting approval of drainage from TxDOT with a waiver of the landscaping and screening requirements along the west and south sides of the subject property. Councilmember Goodson moved to approve Ordinance 02-098 for a specific use permit to allow a beauty shop in an RM-H (Residential Multiple Family Dwelling-Highest Density) Minutes -November 26,2002 Page 5 District for property located Highway 105, subject to revising the handicapped parking stall and getting approval of drainage from TxDOT with a waiver of the landscaping and screening requirements along the west and south sides of the subject property. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Samuel and Patterson. Nays: None 7. Consider approval of the Economic Development Plan Element of the Comprehensive Plan. Administration recommended approval of the Economic Development Plan Element of the Comprehensive Plan of the City of Beaumont. The City Charter requires that each of the four elements of the Comprehensive Plan be re-adopted every two years. The currently adopted Economic Development Plan was re-evaluated and minor changes were made. This plan provides general policy guidance on addressing economic growth to the Planning Commission, City staff and City Council. At a joint Public Hearing with City Council held on November 18, 2002, the Planning Commission voted 6:0 to approve the Economic Development Plan Element of the Comprehensive Plan of the City of Beaumont. Councilmember Cokinos moved to approve Resolution 02-282 adopting the Economic Development Plan Element of the Comprehensive Plan of the City of Beaumont. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tem Smith, Councilmembers Goodson, Cokinos, Samuel and Patterson. Nays: None 8. Consider approval of a historic preservation loan for property located at 1608 Orange Street. Administration recommended approval of a historic preservation loan request in the amount of$44,400.00 for property located at 1608 Orange Street. In October, 1970, the house went from being a private residence to a halfway house operated by Land Manor. The house is listed in the 1977 and 1991 SPARE Beaumont Survey. It was placed on the National Register of Historic Places in 1992. The new property owner, David Bienvenu, aspires to renovate the structure,currently known as the"Ogden House",for his permanent residence. The requested loan amount will be used initially to renovate the servants quarters, carriage house and carport. The loan will be made from the Historic Preservation Revolving Loan Fund which consists of Community Development Block Grant dollars. The Minutes -November 26,2002 Page 6 rate of repayment will be approximately$462.50 for 96 months. At a Public Hearing of the Historic Landmark Commission on November 13, 2002, the Commission voted 8:0 to approve a historic preservation loan in the amount of $44,400.00 for property located at 1608 Orange. Mayor Pro Tern Smith moved to approve Resolution 02-283 awarding a request for Historic Preservation Loan monies in the amount of $44,400.00 for property located at 1608 Orange Street. Councilmember G000dson seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Samuel and Patterson. Nays: None 9. Consider approval of a contract for water line relocations related to the Major Drive Project. Administration recommends approval of a contract with Brystar Contracting, Inc., Beaumont, Texas, for $934,800.50 to relocate sections of the water line on Major Drive (FM 364). The project work includes relocating approximately 5,090 linear feet of 20-inch bar wrapped cylinder concrete pipe at three locations, the installation of six 20-inch gate valves, and seven fire hydrants. The existing water lines, built in 1974, need to be moved due to their interference with the expansion of Major Drive (FM 364) proposed by the Texas Department of Transportation. The MBE goal will be met through subcontracts with the certified MBE firms of Texas Mechanical and Southeast Texas Precast for a total amount of$114,500.00 or 12.25%of the total bid. Ninety-one percent(91%)of the project funds will be provided by the Texas Department of Transportation. Nine percent (9%) of the project funds is available in the Water Utilities Operating Funds. Councilmember Goodson moved to approve Resolution 02-284 authorizing the City Manager to execute a contract for the proposed 20-inch waterline relocation at Major Drive (FM 364). Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Samuel and Patterson. Nays: None 10. Consider accepting the Concord Road Pavement Widening Phase II Project, approving Change Order No. 1 and authorizing the final payment. Administration recommended acceptance of the project, approval of Change Order No. 1 in the amount of$515,957.26 and final payment in the amount of$178,910.33. On June 5, 2001, the City Council awarded Excavators and Constructors, Inc. the contract for the Minutes -November 26,2002 Page 7 Concord Road Pavement Widening Phase II Project in the amount of$4,026,428.90. Due to the decrease in construction item quantities, Change Order No.1 in the amount of $515,957.26 is required to adjust the estimated quantities used during performance of the project, decreasing the contract to $3,510,471.64. Funds are allocated in the Capital Improvement Program. Mayor Pro Tern Smith moved to approve Resolution 02-285 accepting the Concord Road Pavement Widening Phase II Project, approving Change Order No. 1 and authorizing the final payment in the amount of $178,910.33. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Coucilmembers Goodson, Cokinos, Samuel and Patterson. Nays: None 11. Consider increasing the fees for Certificates of Occupancy (CO) and fees for Master and Journeyman Electricians effective January 1, 2003. Administration recommended approval of increasing fees for Certificates of Occupancy (CO)to $50.00 and fees for Master and Journeyman Electricians be increased to $50.00 and $25.00 respectively. The City's Code of Ordinances currently includes a registration and an annual renewal fee. It was recommended that the fees described above be combined into one annual fee. Additionally, there are six classifications of electricians in Section 6-82 of the Code. Two of these classifications, Master and Limited Master Electrician, are very similar in regard to registration requirements. As a result, it was recommended that the Limited Master Electrician classification be eliminated. Councilmember Cokinos moved to approve Ordinance 02-099 increasing the fees for Certificates of Occupancy and fees for Master and Journeyman Electricians effective January 1, 2003. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Samuel and Patterson. Nays: None WORK SESSION • None Minutes -November 26,2002 Page 8 COMMENTS * Councilmembers comment on various matters Mayor Pro Tern Smith wished all present a 'Happy Thanksgiving'. Mayor Pro Tern Smith also admonished holiday travelers to drive safely and carefully. Councilmember Goodson stressed the importance of the City having guidelines in place, concerning drainage and stormwater runoff,that developers adhere to when building permits are issued or permits for new development plans are granted. This concern stemmed from a particular memo Council received in response to a Councilmember's inquiry of a customer's complaint about flood runoff that occurred on their property during the heavy rains received in Beaumont recently. The memo stated that infilling created by a developer on a piece of property adjacent to the customer's property caused the stormwater runoff on the complainant's property. The memo also stated that the property owner would have to take civil action against the adjacent property's owner and that it was not a matter for the City of Beaumont. Councilmember Goodson expressed his desire that the City be a part of the solution for existing property owners adjacent to new construction and not contribute to their problems because of inadequate guidelines in place for developers to follow. He was also concerned that the City's guidelines be in compliance with FEMA's requirements for new development. Councilmember Cokinos - None Councilmember Samuel - None Councilmember Patterson - None City Manager Kyle Hayes presented an update on the City's sales tax for the months of October and November, 2002. The City's portion of the 8.25% sales tax is 37% of the City's general budget. The current figure is $224,000.00 less from the amount generated in October and November, 2001. The new figures are also down considerably from the projected budgeted amount. Mayor Evelyn Lord shared highlights from events she attended during the past week. Mayor Lord first spoke about a Beaumont Junior Forum's event where 36 volunteers from various organizations within this area were recognized. This event was held at the Beaumont Junior Forum. The Mayor talked about the `Lad and Dad Cub Scout Bake Off' held at Sally Curtis Elementary School. All items baked were done solely by a Cub Scout and his father. Mayor Lord then shared her experience of test driving the eBus at Caldwood Elementary School. The eBus is the first technology enhanced mobile classroom,featuring state-of-the art reading, math, social Minutes -November 26,2002 Page 9 studies and science software programs. Caldwood Elementary School was the only school in the Golden Triangle area to be chosen to have the eBus visit for one day. Mayor Lord told of her participation in the ribbon cutting ceremony dedicating the Salvation Army's Angel Tree. This event was held in front of the NBC Channel 4 television station. The Angel Tree is decorated with pull off name tags bearing names of needy children that a person can shop for during this Christmas season. Finally, Mayor Lord spoke of attending a graduation ceremony held by Goodwill Industries for their computer trainees. The graduates were the first trainees to complete Goodwill's computer classes. Public Comments (Persons are limited to three minutes) Joyce Eagin 395 Clemmons Beaumont, TX Mrs. Eagin requested that City Council construct a sidewalk in the Gulf Terrace Addition. She expressed her concern about safety for residents who walk within the neighborhood because the streets are quite narrow. City Manager, Kyle Hayes, directed Mrs. Eagin to speak with Tom Warner, Public Works Director for the City of Beaumont. EXECUTIVE SESSION As required by law, Mayor Lord announced that Council would reconvene for an Executive Session immediately following the adjournment of the regular Council meeting to consider the following: • Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Dorothy Jackson v Arthur Leger et al Tyrrell Park Stables There being no further business, the meeting adjourned at 2:10 p.m. Audio and video tapes are available upon request in the City Clerk's Office. Mayor Evelyn Lord UA Susan Henderson, City Clerk Minutes -November 26,2002 Page 10