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HomeMy WebLinkAboutMIN JULY 27 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 July 27,2004 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 July 27,2004, 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 Public Comment: Persons may speak on scheduled agenda items 5-6/Consent Agenda Consent Agenda Mayor Lord called the council meeting to order at 1:30 p.m. Pastor William McKinley Jackson of Starlight Missionary Baptist Church gave the invocation. Councilmember Samuel 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 and Samuel. Absent: Councilmember Patterson. Also present were Kyle Hayes, City Manager; Lane Nichols, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled agenda items 5-6/Consent Agenda. None CONSENT AGENDA Approval of minutes- Minutes of July 20, 2004 Confirmation of committee appointments - Resolution 04-162 Marilyn Hebertwas reappointed as Chairman of the Drug Free Beaumont Commission. The current term will expire July 26, 2005. (Mayor Evelyn M. Lord) Minutes-July 27,2004 Wanda Grimes was reappointed as Vice Chairman of the Drug Free Beaumont Commission. The current term will expire July 26, 2005. (Mayor Evelyn M. Lord) John Williams was reappointed to the Drug Free Beaumont Commission. The current term will expire April 22, 2006. (Councilmember Becky Ames) Marie Easley was reappointed to the Drug Free Beaumont Commission. The current term will expire February 15, 2006. (Councilmember Andrew P. Cokinos) Lillie Green was reappointed to the Drug Free Beaumont Commission. The current term will expire March 23, 2006. (Councilmember Andrew P. Cokinos) Wanda Grimes was reappointed to the Drug Free Beaumont Commission. The current term will expire February 15, 2006. (Councilmember Lulu Smith) Karen Neild was reappointed to the Drug Free Beaumont Commission. The currentterm will expire July 24, 2006. (Councilmember Becky Ames) Michelle B. Leday was reappointed to the Drug Free Beaumont Commission. The current term will expire February 15, 2006. (Councilmember Nancy Beaulieu) Joyce Lombard was reappointed to the Drug Free Beaumont Commission. The current term will expire February 15, 2006. (Councilmember Nancy Beaulieu) James Martin was reappointed to the Drug Free Beaumont Commission. The current term will expire May 8, 2006. (Councilmember Audwin Samuel) James "Bubba" Martin was reappointed to the Drug Free Beaumont Commission. The current term will expire February 15, 2006. (Councilmember Audwin Samuel) Birdie Harrison was appointed to the Drug Free Beaumont Commission. The term will commence July 27, 2004 and expire July 26, 2006. (Councilmember Lulu Smith) Gloria Norton was appointed to the Drug Free Beaumont Commission. The term will commence July 27, 2004 and expire July 26, 2006. (Councilmember Andrew P. Cokinos) Jean Bryant was appointed to the Drug Free Beaumont Commission. The term will commence July 27, 2004 and expire July 26, 2006. (Councilmember Andrew P. Cokinos) A) Authorize the acquisition of property adjacent to the Fire Memorial Plaza and Walkway and across from the Fire Museum on Walnut Street - Resolution 04-163 B) Authorize the acceptance of a twenty foot(20')wide sanitary sewer easement off Fannett Road (State Highway 124)for the placement of a new sanitary sewer line-Resolution 04- 164 Page 2 of 9 Minutes-July 27,2004 C) Authorize the acceptance of a General Utility Easement to provide access forfire prevention services - Resolution 04-165 Council member Coki nos moved to approve the Consent Agenda. Council member Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a specific use permit to allow church related activities in an RM-H (Residential Multiple Family Dwelling-Highest Density)District at 6515 Highway 105- Ordinance 04-053 Administration recommended approval of a specific use permit to allow church related activities in an RM-H (Residential Multiple Family Dwelling-Highest Density)District at 6515 Highway 105. New Life Tabernacle requested a specific use permit to allow church-related activities in a building that it owns at 6515 Highway 105. In 2002,the church received a specific use permit to allow a Spanish Sunday School and Bible study in the building. Nothing was done and that specific use permit has since expired. New Life Tabernacle would now like to use the building as a multi-purpose facility. The building will be used for Bible study, prayer, training and a fellowship area. Property on both sides of the subject property is owned by New Life Tabernacle. The property to the south is zoned RS and is vacant. At a joint public hearing held on July 19,2004,the Planning Commission voted 7:0 to approve a specific use permit to allow church related activities in an RM-H(Residential Multiple Family Dwelling-Highest Density) District at 6515 Highway 105 with a modification to the landscaping and screening requirements. Council member Cokinos moved to ADOPT ORDINANCE 04-053 AUTHORIZING GRANTING ASPECIFIC USE PERMIT TO ALLOW CHURCH-RELATED ACTIVITIES IN A RM-H(RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT LOCATED AT 6515 HIGHWAY 105 IN THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND SAMUEL NAYS: NONE Page 3 of 9 Minutes-July 27,2004 MOTION PASSED 2. Consider amending Section 30-24 (B), Permitted Use Table, Radio, Television, Microwave and Cellular Telephone Transmission Towers of the City's Zoning Ordinance - Ordinance 04-054 Administration recommended approval of the amendments to Section 30-24 (B), Permitted Use Table, Radio, Television, Microwave and Cellular Telephone Transmission Towers of the City's Zoning Ordinance to include that towers be permitted by right in the CBD,CM,LI, HI zoning districts and in the GC-MD district only with a specific use permit and deleted in all other zoning districts. At a joint Public Hearing held July 19, 2004, the Planning Commission voted 4:3 to approve amendments to Section 30-24(B), Permitted Use Table, Radio,Television, Microwave and Cellular Telephone Transmission Towers to include that towers be permitted in the CBD,CM. LI, HI and GC-MD zoning districts onlywith a specific use permit and be deleted in all other zoning districts. COuncilmember Smith moved to ADOPT ORDINANCE 04-054 AMENDING CHAPTER 30, ARTICLE 11,SECTION 30-24B, PERMITTED USE TABLE,OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND RADIO, TELEVISION, MICROWAVE AND CELLULAR TELEPHONE TRANSMISSION TOWER USES. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND SAMUEL NAYS: NONE MOTION PASSED 3. Consider approving a specific use permit to allow a financial advisor's office in an RM- H(Residential Multiple Family Dwelling-Highest Density)District at 2175 Dowlen Road - Ordinance 04-055 Administration recommended approval of a specific use permit to allow a financial advisor's office in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 2175 Dowlen Road subject to the conditions and with modification to the landscaping and screening requirements as recommended by the Planning Commission. Jack Brooks of the Oak River Financial Group requested this specific use permit. The company offers private investment advice to individuals and corporations. The proposed one story building will be approximately 3,900 sq. ft. in area. The proposed building is located 16' from the rear property line. A 25' setback is required. At a Joint Public Hearing held on July 19,2004,the Planning Commission voted 7:0 to approve a specific use permit to allow a financial advisor's office in an RM-H District Page 4 of 9 Minutes-July 27,2004 at 2175 Dowlen Road, subject to the following conditions and with a modification to the landscaping and screening requirements: 1) Modify the disabled parking stall and off-set the driveway 10'from the property line. (Traffic Manager) 2) Provide a 25' rear setback or get a variance from the Broad of Adjustments. (Planning Manager) Councilmember Beaulieu moved to ADOPT ORDINANCE 04-055 GRANTING ASPECIFIC USE PERMIT TO ALLOW A FINANCIAL ADVISOR'S OFFICE IN ARM-H(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)DISTRICT LOCATED AT 2175 DOWLEN ROAD IN THE CITY OF BEAUMONT. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND SAMUEL NAYS: NONE MOTION PASSED 4. Consider amending Section 30-28 (d), Advertising Signs of the City's Zoning Ordinance - Ordinance 04-056 Administration recommended approval of the amendments to Section 30-28 (d), Advertising Signs of the City's Zoning Ordinance. Staff has worked with the advertising sign industry to develop new regulations that would govern advertising signs within the City of Beaumont and its Extraterritorial Jurisdiction (ETJ). At a Joint Public Hearing held on July 19,2004,the Planning Commission voted 7:0 to approve amendments to Section 30-28(d),Advertising Signs of the City's Zoning Ordinance subject to the deletion of(d) 1. d) and e) and revision to f)which would result in the prohibition of any size advertising sign from being within 300 feet of the property line of any residentially zoned propertyor used as a public school,public park, church, courthouse, city hall or public museum. Councilmember Beaulieu moved to ADOPTORDINANCE 04-056AMENDING CHAPTER 30, ARTICLE III,SECTION 30-28(d)OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT CONCERNING ADVERTISING SIGNS WITHIN THE CITY OF BEAUMONT AND ITS EXTRATERRITORIAL JURISDICTION(ETJ). Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND SAMUEL NAYS: NONE MOTION PASSED Page 5 of 9 Minutes-July 27,2004 5. Consider approving a contract for furnishing janitorial services-Resolution 04-166 Administration recommended the award of a bid for a three (3) year contract to Opportunities for Deserving Individuals, Inc. (ODI)of Beaumont to furnish janitorial services in the buildings located in the downtown municipal complex. Bids were solicited for a three year contract to furnish janitorial services at City Hall, Police Department, Beaumont Public Library, Tyrrell Historical Library, Municipal Court, and Riverfront Park. The service bid includes all labor, supervision,cleaning supplies, paper goods and equipment required to perform quality janitorial services. ODI submitted the second lowest bid and currently provides custodial service forthe City at the Parks and Property Services building and at the R. C.Miller Branch Library. The services provided at these facilities have consistently met contract specifications. In addition,ODI has held contracts with the Texas Department of Transportation and the Texas Department of Human Services for several years. References from these two agencies reported that ODI provides services that consistently meet or exceed expectations. Based on the positive recommendations received for ODI,the level of service received from ODI at other City facilities, and the unacceptable past performance of Texas Industrial,Administration recommended awarding the new janitorial contractforthe buildings in the downtown municipal complex to ODI. Funds for this expenditure are budgeted in the Building Services Division's budget. Councilmember Cokinos moved to APPROVE RESOLUTION 04-166 TO ACCEPT A CONTRACT TO ODI FOR JANITORIAL SERVICES AT CITY HALL, POLICE DEPARTMENT, BEAUMONT PUBLIC LIBRARY, TYRRELL HISTORICAL LIBRARY, MUNICIPAL COURT, AND RIVERFRONT PARK. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND SAMUEL NAYS: NONE MOTION PASSED 6. Consider approving a thirty(30)year lease agreement of the Beaumont Fire Training Grounds - Resolution 04-167 Administration recommended awarding a thirty (30) year lease to Industrial Safety Training Council (ISTC) for the management and operation of the Beaumont Fire Training Grounds. The Beaumont Fire Training Grounds were created in the late 60's for training the City's firefighters. Over the years, it has become a multi-faceted training center for industry,volunteer and municipal fire departments. Through courses offered by Lamar Page 6 of 9 Minutes-July 27,2004 Institute of Technology and Lamar University,students have received accreditation in Industrial and Hazardous Materials Training and Firefighting technology. Although rental rates average $300,000 annually, the City's General Fund must subsidize the Training Grounds budget. The current budget of$555,000 includes operational costs, water and sewer costs and a debt service payment for capital improvements completed in 1998. Costs forthese improvements totaled$1.5M with annual debt service payments of$130,000 for twenty (20) years. A committee consisting of representatives from the Fire Department, City Attorney's Office, Finance Office and the Central Services Department met and developed the request for the sale or lease of the Beaumont Fire Training Grounds. Lamar/LIT of Beaumont, Texas Engineering Extension Services (TEEX) a division of the Texas A&M University System of College Station,and Industrial Safety and Training Council (ISTC)of Nederland submitted proposals for leasing the facility. Each was reviewed and evaluated by the committee members. Industrial Safety Training Council(ISTC)proposal provided fora thirty(30)year lease relieving the City of all responsibility for maintenance,capital costs and operation of the property. ISTC's proposal included funding all major capital improvement projects at no additional cost to the City. They proposed a base rental fee of$11,111.11 per month for the first fourteen (14) years with the first eighteen (18) months totaling $200,000 paid in advance upon execution of the lease. The expiration of the first fourteen (14) years coincides with the final debt service payment. The monthly payment for the remaining sixteen (16)years of the lease agreement is $8,700 per month. The lease payments will be adjusted annually based on the Consumer Price Index(CPI)beginning on the 25th month of the lease. The lease payments beginning in the 15th year of the lease will be adjusted on the increase in the CPI from 2005 until 2016 with the escalator applied each year thereafter. Additionally, ISTC will be responsible for all utility costs including water and sewer. ISTC will continue to offer Texas Commission on Fire Protection approved courses through a partnership with LIT. They also plan to offer the same courses that are presently provided in industrial firefighting as well as additional curriculum required by the Homeland Security Department's National Incident Management System, new Maritime Security regulations, Management of Mass Casualty Incidents for EMS workers, Municipal Confined Space training that is accredited by Texas Commission on Environmental Quality(TCEQ)for WasterwaterWorker Continuing Education Units. The Beaumont Fire Department will continue to have access to the facility for firefighting training free of charge. Courses provided by ISTC will also be available to up to three Beaumont Firefighters if space is available at no cost to the City. The annual budget of the Fire Training Grounds will be eliminated. Rental fees will be deposited to the General Fund to offset the debt service payment. Council member Cokinos moved to APPROVE RESOLUTION 04-167 TO AWARD ATHIRTY (30)YEAR LEASE AGREEMENT TO INDUSTRIAL SAFETY TRAINING COUNCIL (ISTC) FOR THE MANAGEMENT AND OPERATION OF THE BEAUMONT FIRE TRAINING GROUNDS LOCATED ON MARINA DRIVE. Councilmember Beaulieu seconded the motion. Page 7 of 9 Minutes-July 27,2004 AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS AND SAMUEL NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH- STATED THAT SHE WAS DISAPPOINTED THAT WE DID NOT RECEIVE THE CONTRACT FOR THE GERMAN SHEPARD NATIONAL CONVENTION FOR 2006 BUT THE CVB DID A WONDERFUL JOB IN PROMOTING BEAUMONT COUNCILMEMBER BEAULIEU- ALSO THANKED THE CVB FOR THE EXCELLENT JOB THEY DO FOR OUR CITY AND THAT SEVERAL ORGANIZATIONS HAVE EXPRESSED THEIR EXTREME PLEASURE ABOUT THE WAY THEY HAVE BEEN TREATED COUNCILMEMBER COKINOS - NONE MAYOR PRO TEM AMES - NONE COUNCILMEMBER SAMUEL - CONCERT IN THE PARK WAS RAINED OUT AND HAS BEEN RESCHEDULED FOR AUGUST 15; REQUESTED A STATISTICAL PROFILE FOR THE POLICE DEPARTMENT FROM THE CITY MANAGER CITY MANAGER HAYES - NONE CITY ATTORNEY NICHOLAS- NONE MAYOR LORD - ATTENDED A REDEDICATION OF ST. MICHAEL'S CHURCH; PASSED ON THE COMPLIMENT RECEIVED FROM THE AMERICAN LEGION TO THE CVB ON THE FINE JOB THEY DID FOR THEIR CONVENTION AND HOW WELL THEY WERE TREATED Public Comments (Persons are limited to three minutes) LeRoy Lewis III 7866 Gladys Beaumont TX Ideals for City Council included problems with flies and insects in restaurants and grocery stores and the need forcity health inspections in these areas;continuing problems with the Page 8 of 9 Minutes-July 27,2004 streets and drainage,damaged street signs and city curbs which need to be replaced;junk motorcycles which need to be removed Dean Tucker 2570 Laurel Avenue Beaumont TX Commented on the manywonderful qualities of the City of Beaumont;attended the Landmark Education Forum in New York and invited all the police officers to attend this seminarfree of charge Donald L. LaFleur Sr. 1167 Cartwright Street Beaumont TX Voiced his continued concerns with the alleged brutality of the police department and that his brother is still in pain and wants justice to be done Allen Lee 5095 Maddox Street Beaumont TX Stated thattwo more females have filed complaints with the FBI againstthe police department and that he has filed a compliant against the City Manager,the Mayor and the City Attorney and is waiting for the results as justice needs to be done There being no Executive Session, Council adjourned at 2:05 p.m. Audio tapes are available upon request in the City Clerk's Office. =:T���� — :;�J K Evelyn M. Lord, Mayor X Rose Ann Jones, MC City Clerk .e— Page 9 of 9 Minutes-July 27,2004