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HomeMy WebLinkAboutMIN FEB 3 2004 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith EVELYN M. LORD, MAYOR Nancy Beaulieu Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames, Mayor Pro Tern Bobbie J. Patterson February 3, 2004 Audwin Samuel Lane Nichols, City Attorney Kyle Hayes, City Manager Rose Ann Jones, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on February 3,2004, 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 - Receive report related to FY2003 Audit * Public Comment: Persons may speak on scheduled agenda items 5-10/Consent Agenda * Consent Agenda Mayor Lord called the council meeting to order at 1:30 p.m. Rev. James Blackwell of South Park Baptist Church gave the invocation. Participants of the Junior Achievement Job-Shadow Day Program, Megan Armstrong, Ashley Brown, Emerald Pouncey, Jessica Jolivet led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Lord, Mayor Pro Tern Ames,Councilmembers Smith,Beaulieu, Cokinos, Samuel and Patterson. Also present were Kyle Hayes, City Manager; Lane Nichols, City Attorney; and Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions 1."Wear Red for Women Day": Mayor Pro Tern Ames read the proclamation claiming Friday, February 6, "Wear Red for Women Day" in support of the American Heart Association; proclamation accepted by Lynea Minton. 2. " National Sales Month": Mayor Lord read the proclamation claiming March as "National Sales Month"; proclamation honoring Bill Clark, Executive of the Year, accepted by Allen Tapley. * Certificates of appreciation where presented to Mayor Lord, Councilmember Samuel and Channel 4 by the participants of the Job-Shadow Program. 3. Presentation of Award to Mayor from Tyler County Dogwood Festival Committee: Fred Sullivan, President of the East Texas Dogwood Festival, presented Mayor Lord with the honorary award of Mr. East Texas of 2004. Minutes-February 3,2004 Public Comment: Persons may speak on scheduled General Business Agenda Items 5-10/ Consent Agenda. Roderick Bluiett, Modern Inc. 1901 Tilson Beaumont TX On item 6, Mr. Bluiett, Assistant Plant Manger, brought with him a sample of the type fence which he is requesting to be allowed to use in place of the wood screening fence currently in place. CONSENT AGENDA Approval of minutes - Minutes of January 27, 2004 Confirmation of committee appointments Walter Crook would be reappointed to the Martin Luther King Jr. Parkway, Commission . The current term would expire December 17, 2005. (Councilmember Nancy Beaulieu) Pauline Mouton would be appointed to the Martin Luther King Jr. Parkway, Commission. The term would commence February 3, 2004 and expire February 2, 2006. (Mayor Evelyn M. Lord) - Resolution 04-025 A) Approve a one (1) year contract for the purchase of tower rock - Resolution 04-026 B) Approve a six (6) month contract for the purchase of sodium hydroxide - Resolution 04-027 C) Approve a bid for electrical improvements to the Loeb No. 1 Well Site - Resolution 04-028 D) Approve a resolution authorizing the acceptance of two (2) ten foot (10') wide Sanitary Sewer Easements along Fannett Road to serve the Postal Worker Union - Resolution 04-029 E) Approve a resolution authorizing the acceptance from the Nichols Development Company of a Deed of Gift, conveying a thirty foot (30') wide strip of land along the south side of Dishman Road - Resolution 04-030 Councilmember Smith moved to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED Page 2 of 11 Minutes-February 3,2004 GENERAL BUSINESS 1. Consider approving a request for a zone change from RS (Residential Single Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) District for property located at the southwest corner of Highway 105 and East Major Drive The Administration recommends denial of a zone change from RS (Residential Single Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) District for property located at the southwest corner of Highway 105 and East Major Drive. Charlie Danna, the applicant, is requesting that a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District for a 0.58 acre tract of land at the southwest corner of Highway 105 and East Major Drive . The property is currently vacant and feels the property has limited resale value with the current residential zoning and would be better suited for commercial development. The subject property is surrounded by a single family residential use to the west and south. RS zoning surrounds the subject property. The property does meet the requirements for "spot zoning." At a Joint Public Hearing held January 26, 2004, the Planning Commission voted 8:0 to deny a zone change from RS to GC-MD District for property located at the southwest corner of Highway 105 and East Major Drive. COuncilmember Beaulieu moved TO DENY THE REQUEST FOR A ZONE CHANGE FROM RS (RESIDENTIAL SINGLE FAMILY DWELLING)TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 105 AND EAST MAJOR DRIVE . Mayor Pro Tern Ames seconded. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, BEAULIEU, SAMUEL AND PATTERSON NAYS: NONE REQUEST DENIED 2. Consider approving a request for a specific use permit to allow the administrative office of a residential care business in an RCR (Residential Conservation and Revitalization) District at 1890 Broadway - Ordinance 04-004 Administration recommends approval of the request for a specific use permit to allow the administrative office of a residential care business in an RCR (Residential Conservation and Revitalization) District at 1890 Broadway. St. Giles Living Centers, Inc. has purchased the former insurance office building at 1890 Broadway with the intention of moving its administrative office to that location. This office will house approximately 12 administrative staff and the hours of operation will be 8 a.m. to 5 p.m. The applicant states that the proposed use would be compatible with the surrounding Page 3 of 11 Minutes-February 3,2004 area. An attorney's office is across the street and the subject property backs up to commercial uses along Calder. At a Joint Public Hearing held January 26, 2004, the Planning Commission voted 8:0 to approve a request for a specific use permit to allow the administrative office of a residential care business in an RCR (Residential Conservation and Revitalization) District at 1890 Broadway. Council member Smith moved to approve ORDINANCE 04-004 TO APPROVE A SPECIFIC USE PERMIT TO ALLOW THE ADMINISTRATIVE OFFICE OF A RESIDENTIAL CARE BUSINESS IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT AT 1890 BROADWAY. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, BEAULIEU, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider approving a request for a specific use permit to allow a retail establishment selling alcoholic beverages with on-premise consumption in a GC-MD (General Commercial- Multiple Family Dwelling) District at 5405 College Street - Ordinance 04-005 Administration recommends approval of the request for a specific use permit to allow a retail establishment selling alcoholic beverages with on-premise consumption in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5404 College Street. Adair's Eskimo Hut is wishing to operate a drive-in and drive-through store that will sell convenience items, beer, wine, cigarettes and frozen wine-based daiquiris. Customers will have the option of parking their vehicles on the property and entering the building for their purchase or accessing the drive-through facility on the west side of the building. At a Joint Public Hearing held January 26, 2004, the Planning Commission voted 8:0 to approve a request for a specific use permit to allow a retail establishment selling alcoholic beverages with on-premise consumption in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5405 College Street. Mayor Pro Tern Ames moved TO APPROVE ORDINANCE 04-005 FOR THE REQUEST FOR A SPECIFIC USE PERMIT TO ALLOW A RETAIL ESTABLISHMENT SELLING ALCOHOLIC BEVERAGES WITH ON-PREMISE CONSUMPTION IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 5404 COLLEGE STREET. Councilmember Smith seconded. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, BEAULIEU, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED Page 4 of 11 Minutes-February 3,2004 4. Consider approving a request for an amended specific use permit to allow the opening of a driveway along Long Street to serve a self-storage warehouse facility in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District - Ordinance 04-006 Administration recommends approval of the request for an amended specific use permit to allow the opening of a driveway along Long Street to serve a self-storage warehouse facility in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. Scott Monroe, owner of Access Self Storage, is requesting an amendment to his specific use permit for a self-storage warehouse facility at 250 S. Dowlen Road. The original specific use permit was granted by the City Council in January, 2002. As a condition of approval of that specific use permit, the entrance on Long Road was to be gated and used for emergency purposes only. Mr. Monroe states that the storage facility has lost business due to the site not being fully accessible. At a Joint Public Hearing held on January 26, 2004, the Planning Commission voted 8:0 to approve an amended specific use permit to allow the opening of a driveway along Long Street to serve a self-storage warehouse facility in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 250 S. Dowlen Road, subject to the following conditions: • Access Self Storage shall construct a solid 8' high wood fence along Long Street. • Access Self Storage shall provide landscaping along Long Street. • Access Self Storage shall install an asphalt speed bump along the existing driveway entrance on the storage property. • Access Self Storage shall patch the asphalt pavement along Long Street (to be determined by the City of Beaumont and Access Self Storage). • No signs shall be placed on Long Street. • The existing gate on Long Street will be open 7 a.m. to 7 p.m. only. Clarification was made the speed bump would be on the property of Access Self Storage and not on the City street. COuncilmember Beaulieu MOVED TO APPROVE ORDINANCE 04-006 AMENDING ORDINANCE 02- 004 TO ALLOW THE OPENING OF A DRIVEWAY ALONG LONG STREET TO SERVE A SELF-STORAGE WAREHOUSE FACILITY IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT; PROVIDING FOR REPEAL. Councilmember Smith seconded. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, BEAULIEU, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED Page 5 of 11 Minutes-February 3,2004 5. Consider approving a request for the abandonment of a 60' x 126.9' section of Colorado Avenue - Ordinance 04-007 Administration recommends approval of a request for the abandonment of a 60' x 126.9' section of Colorado Avenue. Lamar University is requesting the abandonment of a 60' x 126.9' section of Colorado Avenue so that it can be used to eliminate ingress and egress to the campus from University Drive. Lamar owns all the property on either side of the street and the University states that there is no longer a need for public areas. Colorado Avenue, east of the subject property, has been abandoned by the City. At the Regular Meeting held January 26, 2004, the Planning Commission voted 7:0:1 to approve a request for the abandonment of a 60' x 126.9' section of Colorado Avenue subject to the following conditions: • Retain a utility easement to accommodate the existing 48" storm sewer and cable service line or move the existing facilities at the University's expense • Put the existing junction box on the north side of Colorado back to original shape City Attorney Nichols stated the existing junction box has been changed to read "must be acceptable to the City Engineer'. Councilmember Patterson moved TO APPROVE ORDINANCE 04-007 ABANDONING A 60'x 126.9' SECTION OF COLORADO AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Smith seconded. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, BEAULIEU, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 6. Consider approving a request for a modification to the 8' tall wood screening fence requirement around the parking lot as approved by City Council in a specific use permit to allow Modern, Inc.'s farm equipment and machinery manufacturing facility in a LI (Light Industrial) District at 1901 Tilson - Ordinance 04-008 Administration recommends approval of the request for a modification to the 8' tall wood screening fence requirement to allow an 8' tall vinyl/cyclone fence around the parking lot at 1901 Tilson. On December 2, 2003, the City Council approved a zone change to LI (Light Industrial) and a specific use permit to allow Modern, Inc.'s farm equipment and machinery manufacturing facility at 1901 Tilson. The approval of the specific use permit was conditioned upon an 8' tall wood screening fence being constructed along the St. Anthony, Schwarner and Tilson frontages of the parking lot. Page 6 of 11 Minutes-February 3,2004 Roderick Bluiett, Assistant Plant Manager, is requesting a modification to the wooden fence. He would like to install an 8' tall vinyl/cyclone fence in lieu of the 8' tall wood screening fence. The fence would be long lasting and maintenance free. The color would also match the existing fence at the facility. Councilmember Smith moved TO APPROVE ORDINANCE 04-008 TO AMEND ORDINANCE 03-095 TO ALLOW MODIFICATION TO THE SCREENING FENCE REQUIREMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Mayor Pro Tern Ames seconded. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, BEAULIEU AND PATTERSON NAYS: COUNCILMEMBER SAMUEL MOTION PASSED 7. Consider amending a contract with the Beaumont Chamber of Commerce to provide an additional $15,000 to be used as a revenue guarantee in an effort to attract Delta Airlines to the Southeast Texas Regional Airport - Resolution 04-031 The Southeast Texas Coalition for Air Service, LLC, created by the Beaumont and Port Arthur Chambers of Commerce, is leading an effort to attract Delta Airlines to provide air service to and from the Southeast Texas Regional Airport. Delta Airlines is requiring a $975,000 revenue guarantee from the Southeast Texas Community before they sign an agreement to provide air service for one-year. The Coalition is asking each City and County in the region to invest a minimum of$.10 per capita toward the revenue guarantee or letter of credit. With Beaumont's population estimated at 115,000, the minimum amount based on $.10 per capita would be $11,500. Delta Airlines would provide three flights per day Monday-Friday and two flights per day on Saturday-Sunday to the Dallas/Fort Worth International Airport. If Delta Airlines does not generate $5.4 million in revenue its first year of service, the revenue guarantee will make up the difference up to $975,000. After the audit is complete, any funds remaining will be paid back to the contributors based on a pro rata share with interest. The $15,000 payment would be paid out of the General Fund's fund balance. The fund balance is projected to be $7,160,000 at the end of Fiscal Year 2004. The City Council approved a contract with the Beaumont Chamber of Commerce on December 16, 2003 in the amount of$55,000 related to a comprehensive range of activities and projects to create jobs in Beaumont. Councilmember Cokinos moved TO APPROVE RESOLUTION 04-031 TO APPROVE A CONTRACT WITH THE BEAUMONT CHAMBER OF COMMERCE TO PROVIDE AN ADDITIONAL$15,000 TO BE USED AS A REVENUE GUARANTEE IN AN EFFORT TO ATTRACT DELTA AIRLINES TO THE SOUTHEAST TEXAS REGIONAL AIRPORT. Councilmember Smith seconded. Page 7 of 11 Minutes-February 3,2004 AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, BEAULIEU AND PATTERSON NAYS: COUNCILMEMBER SAMUEL MOTION PASSED 8. Consider approving a bid for stabilizing the foundation of Fire Station No. 1 - Resolution 04- 032 Administration recommends award of a bid for foundation stabilization of Fire Station No. 1 in the amount of$41,144 to Eagle-Pro Engineering, Inc. This bid requires the awarded vendor to perform the excavation, drilling and placement of twenty-one (21) concrete piers and five (5) helical steel piers beneath the foundation of the fire station. This will arrest settlement of the foundation at its current state (no lifting of the existing slab will be performed), and should forestall further structural damage. Completion time is sixty (60) calendar days, with work anticipated to commence by mid-February. Funds are available for this expenditure in the Central Services Building Services operating budget. Councilmember Cokinos moved TO APPROVE RESOLUTION 04-032 TO ACCEPT THE BID FOR STABILIZING THE FOUNDATION OF FIRE STATION NO. 1. Councilmember Beaulieu seconded. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, BEAULIEU, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 9. Consider approving a bid for the purchase of approximately 22,000 feet of PVC pipe - Resolution 04-033 Administration recommends award of a bid for the purchase of approximately 22,000 feet of PVC pipe in the amount of$67,238 to Coburn Supply. The Public Works Department, Water Utilities Division, is in the midst of a five (5) year capital improvement program which includes the replacement of deteriorated water lines currently causing frequent service interruptions in various areas of the city. The pipe was requested in two, four, six and eight-inch diameters, the most prevalent sizes for water lines in the City system. Funds are available for this expenditure in the Water Utilities Fund. Councilmember Cokinos moved TO APPROVE RESOLUTION 04-033 FOR THE PURCHASE OF APPROXIMATELY 22,000 FEET OF PVC PIPE. Mayor Pro Tern Ames seconded. Page 8 of 11 Minutes-February 3,2004 AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, BEAULIEU, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 10. Consider approving a one (1) year contract for the purchase of ready mix concrete - Resolution 04-034 Administration recommends award of a one (1) year contract for purchasing ready mix concrete to Transit Mix Concrete and Materials of Beaumont. The estimated total expenditure for the contract period is $61,600. The contract specifies that the successful bidder shall provide approximately 1,300 cubic yards of ready mix concrete at fixed unit costs for one (1) year from the date of award. The material will be used by both the Water Utilities and Streets and Drainage Divisions of the Public Works Department. Funds are available for this expenditure in the divisions' operating budgets. Councilmember Smith moved TO APPROVE RESOLUTION 04-034 TO AWARD THE ONE (1)YEAR CONTRACT FOR THE PURCHASE OF READY MIX CONCRETE. Councilmember Cokinos seconded. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, BEAULIEU, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE COUNCILMEMBER BEAULIEU - COMMENTED ON THE RECENT PROCLAMATION AT THE LAMAR FILM FESTIVAL; CONGRATULATED THE MAYOR ON AWARD FROM THE EAST TEXAS DOGWOOD FESTIVAL COMMITTEE; HIGHLY RECOMMENDS THE DOGWOOD CORONATION COUNCILMEMBER COKINOS - NONE MAYOR PRO TEM AMES - CONGRATULATED MAYOR ON HER EAST TEXAS DOGWOOD AWARD Donn O nS 1 AAini hnc_Cnhnnnr Q 7nnA COUNCILMEMBER SAMUEL - REQUESTED BUSINESSES KEEP COUNCILMEMBER OF THE WARD INFORMED OF ACTIVITIES IN THE WARD SO THAT THE COMMUNITY MAY BE KEPT INFORMED; COMMENTED ON REQUEST OF COMMITTEE MEMBER TO RESIGN; REQUESTED A WORKSHOP FOR UPDATE OF STREET AND DRAINAGE PROBLEMS IN THE NORTH END OF THE CITY COUNCILMEMBER PATTERSON - THANKED MAYOR AND HER HUSBAND FOR ATTENDING OPERATION ONE VOTE; THANKED EVERYBODY ELSE WHO ATTEND THIS FORUM MAYOR LORD - THANKED HER SHADOW TODAY,ASHLEY BROWN; PLEASURE TO MEET OTHER STUDENTS IN THE PROGRAM COUNCILMEMBER SAMUEL: THANKED HIS SHADOWS, EMERALD POUNCEY AND JESSICA JOLIVET FOR SPENDING THE DAY WITH HIM CITY MANAGER KYLE HAYES - NONE CITY ATTORNEY LANE NICHOLS - NONE Public Comments (Persons are limited to three minutes) Matt Hopson 1190 Grand Avenue Beaumont TX Invited Council and community to attend a fund raiser to help the Southeast Texas Community Corporation to help first time home buyers; invitation to visit current construction site Gene Autry Duplantier 3950 W. Lynwood Drive Beaumont TX Commented on the sewer line problems in his community Joseph Williams 470 Mary Street Beaumont TX Commented on concerns with Modern Inc. and the effects on the neighborhood; concerns with the MLK tribute and when it is going to be completed Michael Doggett 4165 Old Dowlen Road Beaumont TX Requested a tax freeze consideration for 65+ citizens on property tax to go along with the recommendation passed by the county Roderick A. Bluiett 3125 N. Tenth Street Beaumont TX Speaking as a citizen in response to the fence request and keeping the community informed of activities of Modern Inc.; invited all to visit the plant and take a tour Page 10 of 11 Minutes-February 3,2004 There being no Executive Session, Council adjourned at 3:00 p.m. Audio tapes are available upon request in the City Clerk's Office. i�nm 1 � Evelyn Lord, ayor Rose Ann Jones, City erk Page 11 of 11 Minutes-February 3,2004