Loading...
MIN MAR 29 2005 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith,Ward I EVELYN M. LORD, MAYOR Nancy Beaulieu,Ward II Andrew P. Cokinos,At-Large CITY COUNCIL MEETING Becky Ames, Mayor Pro Tern Bobbie J. Patterson,Ward III March 29,2005 Audwin Samuel,Ward IV Tyrone E. Cooper, 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 March 29,2005,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 3- 7/Consent Agenda Consent Agenda Mayor Lord called the council meeting to order at 1:30 p.m. Pastor Jerry Fenter of the Christ Covenant Church gave the invocation. Councilmember Beaulieu 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, Patterson and Samuel. Also present were Kyle Hayes,City Manager;Tyrone Cooper,City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions "Public Health Week in Beaumont"-April 4-8,2005-Proclamation read by Mayor Lord; accepted by Ingrid Holmes, Public Health Director and staff of the Beaumont Health Department Public Comment: Persons may speak on scheduled agenda items 3-7/Consent Agenda. None CONSENT AGENDA Approval of minutes - March 22, 2005 Confirmation of committee appointments - None A) Approve a resolution supporting Stone Way Limited Partnership's efforts to receive a 2005 Forward Commitment Allocation from the Texas Department of Housing and Community Affairs - Resolution 05-071 Minutes-March 29,2005 B) Approve a resolution authorizing the granting of an amended Pipeline License Agreement to Mission Resources Corporation to cross Helbig Road, Piney Point Lane and Sherwood Lane - Resolution 05-072 C) Authorize the City Managerto execute an oil and gas lease agreement-Resolution 05-073 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a request for a specific use permit to allow a cellular telephone transmission tower in a C-M (Commercial-Manufacturing) District at 6285 Walden Road - Ordinance 05-033 Administration recommended approval of a specific use permit to allow a cellular telephone transmission tower in a C-M (Commercial-Manufacturing)District at 6285 Walden Road. Voice Stream of Houston(dba T-Mobile)wishes to construct a 190'tall self-supporting cellular telephone transmission toweratthe rearof Mason Construction Company. The lease area will be accessed by a 30'wide access easement off of Walden Road and will be surrounded by a chainlink fence. At a Joint Public Hearing held March 21,2005,the Planning Commission voted 8:0 to approve a specific use permit to allow a cellular telephone transmission tower in a C-M (Commercial-Manufacturing) District at 6285 Walden Road. On File 1772-P, a protest of 50%was received, therefore invoking the Rule on this case. This means that in order to approve a zone change or specific use permit when the 20%rule has been invoked at least six Council members must vote in favor of the Ordinance. Councilmember Beaulieu moved to ADOPT ORDINANCE 05-033 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CELLULAR TELEPHONE TRANSMISSION TOWER IN A C-M (COMMERCIAL-MANUFACTURING) DISTRICT LOCATED AT 6285 WALDEN ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS WITH THE ADDITIONAL REQUIREMENT THAT A PRIVACY FENCE BE INCLUDED. Mayor Pro Tern Ames seconded the motion. Page 2 of 9 Minutes-March 29,2005 AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 2. Consider approving a request for an amendment to the Zoning Ordinance,Section 30 to delete GC-MD-3 and to delete halfway houses for delinquents and offenders as a use permitted with a specific use permit in the CBD and PUD Districts -Ordinance 05-034 Administration recommended approval of an amendment to the Zoning Ordinance, Section 30 to delete GC-MD-3 and to delete halfway houses for delinquents and offenders as a use permitted with a specific use permit in the CBD and PUD Districts. In 1998,the City Council approved a broad range of changes to the Zoning Ordinance. One of these changes involved the creation of the GC-MD-2 (General Commercial- Multiple Family Dwelling-2) District and GC-MD-3 (General Commercial-Multiple Family Dwelling-3) Districts. These two districts were to be used when a use permitted by-right in the GC-MD could produce a negative impact upon surrounding residential uses. In the seven years following the creation of these two districts, GC-MD-2 has been used quite frequently. However, GC-MD-3 has never been used. Therefore, the Planning Manager is recommending that the GC-MD-3 District be deleted. The Planning Manager is also recommending that"halfway houses for delinquents and offenders" be deleted from the CBD (Central Business) District and PUD (Planned Unit Development) District. With the efforts that the City and others are making towards the revitalization of the Central Business District,the Planning Managerdoes not feel thatthe locating of halfway houses for criminals and delinquents in the CBD is conducive to those revitalization efforts. The PUD District is typically used in the development of new residential and commercial developments. At a Joint Public Hearing held March 21,2005,the Planning Commission voted 8:0 to approve an amendment to the Zoning Ordinance,Section 30 to delete GC-MD-3 and to delete halfway houses for delinquents and offenders as a use permitted with a specific use permit in the CBD and PUD Districts. Following a discussion, it was decided to divide this item into two parts. Councilmember Samuel made a motion to ADOPT ORDINANCE 05-034 ENTITLED AN ORDINANCE AMENDING CHAPTER 30,ARTICLES I AND II OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY REPEALING SECTIONS 30-5(A)(10)AND 30-15.2 TO ELIMINATE THE GC-MD-3 ZONING DISTRICT DESIGNATION AND AMENDING CHAPTER 30, ARTICLE III, Page 3 of 9 Minutes-March 29,2005 SECTIONS 30-24(B),(PERMITTED USETABLE),30-25(B)(AREA HEIGHT REGULATIONS),30- 25(c)3,30-25(c)16,30-23(c)3,30-31(1)3,30-33(B)2(E),30-33(B)17 AND 30-33(B)23 TO ELIMINATE ALL REFERENCES TO GC-MD-3; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED Council member Samuel made the motion TO NOT APPROVE THE SECOND PART OF THE REQUESTED ACTION WHICH WAS TO DELETE HALFWAY HOUSES FOR DELINQUENTS AND OFFENDERS AS A USE PERMITTED WITH A SPECIFIC USE PERMIT IN THE CBD AND PUD DISTRICTS. Councilmember Patterson seconded the motion. AYES: MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, PATTERSON AND SAMUEL NAYS: MAYOR LORD, COUNCILMEMBER COKINOS MOTION PASSED 3. Consider approving a bid for mowing privately owned properties in violation of City Ordinances - Resolution 05-074 Administration recommended the award of bid foran annual contract to Perfect Cut Lawn Care of Beaumontfor mowing privately owned developed and vacant properties as per the unit prices stated in the attached tabulation. The annual contract,scheduled to commence April 1,will provide mowing services for privately owned property in violation of weed ordinances. Since 1998,the Clean Community Department provided crews and equipment to mow property in violation of weed ordinances as directed by the Neighborhood Services Division. After reorganization of the department last year, it was determined that contracting for this service is more cost effective. Properties are in violation of the weed ordinance when uncultivated growth exceeds twelve(12)inches. Property owners are notified of the violation and given a specified time to bring the property into compliance. If property owners fail to comply with the ordinance, the City cuts the property and the owner is fined. The contractwill be managed bythe Code Enforcement Division. The Contractorwill be given a list of properties to mow each day. All properties must be mowed within Page 4 of 9 Minutes-March 29,2005 five (5) days after notification. Inspection of the properties will be made by the representatives in the Code Enforcement Division prior to payment to ensure compliance with the specifications. Funds are available in the Solid Waste Fund. Councilmember Samuel made a motion to APPROVE RESOLUTION 05-074 AWARDING A CONTRACT FOR MOWING PRIVATELY OWNED DEVELOPED AND VACANT PROPERTY TO PERFECT CUT LAWN CARE,BEAUMONT,TEXAS IN THE AMOUNT OF$132,400. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 4. Consider approving a bid for mowing city-owned and abandoned properties - Resolution 05-075 Administration recommended the award of a bid for an annual contract to Yardboy Lawncare of Beaumont for mowing city-owned and abandoned developed and vacant properties as per the unit prices stated in the attached tabulation. Since 1998,the Clean Community Department provided crews and equipmentto mow city-owned and abandoned property as directed by the Neighborhood Services Division. After reorganization of the department last year, it was determined that contracting for this service is more cost effective. City-owned properties consist of lots purchased for neighborhood revitalization,street right-of-way or donated property. Abandoned property is privately owned but the owners cannot be located. City staff maintains a list of these properties and mows them every four weeks during the growing season. Currently,there are approximately 270 parcels of city-owned property ranging from 2,000 sq.ft.to 219,000 sq.ft.and 267 parcels of abandoned property ranging in size from 1,625 sq. ft. to an acre. City- owned property declared surplus and of no value to the City is routinely offered for sale. Once sold,the property is removed from the list of properties to be mowed,therefore, the number of properties is subject to change. The contractwill be managed bythe Code Enforcement Division. The Contractorwill be given a list of properties to mow each week. All properties must be mowed within five (5) days after notification. Inspection of the properties will be made by the representatives in the Code Enforcement Division prior to payment to ensure compliance with the specifications. Funds are available in the Solid Waste Fund. Page 5 of 9 Minutes-March 29.2005 Councilmember Beaulieu made a motion to APPROVE RESOLUTION 05-075AWARDING A CONTRACT FOR MOWING CITY-OWNED AND ABANDONED DEVELOPED AND VACANT PROPERTY TO YARDBOY LAWNCARE, BEAUMONT, TEXAS, IN THE AMOUNT OF$159,792. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 5. Consider authorizing the City Mangerto execute a lease agreement with the Beaumont Association for Senior Citizens (BASC) - Resolution 05-076 Administration recommended authorizing the City Managerto execute a two(2)year agreement with BASC for Space Allocation at the Best Years Center, located at 780 South Fourth Street. BASC has leased an area of approximately 4,768 square feet in the north wing of the Best Years Center since 1979. The space is used to provide activity programs for approximately 50 senior and disabled citizens each day including hot meals,arts and crafts,exercise classes,dances,recreational games and other similar activities. More importantly, nursing services are provided as an LVN is on duty at all times when seniors are present. The LVN administers to the needs of the guests, including dispensing medicine and monitoring health issues. The new contract provides for a two(2)year agreement, beginning April 1,2005 and expiring March 31, 2007. All provisions of the agreement remain the same as in previous years,with the exception of changing the three year term to two years. BASC agrees to meet insurance policy requirements for comprehensive general liability in the amount of$1,000,000. BASC is responsible for custodial maintenance of the leased area. Utilities(except for telephone service),and structural maintenance is provided by the City. Either party has the right to terminate the contract by giving the other party sixty (60) days' notice of termination in writing. As consideration for use of the space,an advance payment of One Dollar($1.00)per year for the two year term is required. Council member Smith made a motion to APPROVE RESOLUTION 05-076 TO AUTHORIZE THE CITY MANAGER TO EXECUTE ATWO(2)YEAR LEASE AGREEMENT WITH THE BEAUMONT ASSOCIATION FOR SENIOR CITIZENS(BASC)FOR SPACE ALLOCATION AT THE BEST YEARS CENTER LOCATED AT 780 SOUTH FOURTH STREET. Mayor Pro Tem Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL Page 6 of 9 Minutes-March 29,2005 NAYS: NONE MOTION PASSED 6., Consider approving anew solid waste collection and transportation service franchise to Arrow Waste, Inc. - Ordinance 05-029 - Second Reading Administration recommended granting solid waste collection and transportation service franchise to Arrow Waste, Inc. According to City ordinances, a franchise agreement is required prior to a firm conducting business within the City limits. Five(5)firms currently have nonexclusive franchise agreements with the City and are doing business in this area. Arrow Waste has requested that the City grantthe company a franchise agreement for collection,hauling and transportation garbage or refuse from locations in the City,and the disposal of such material in accordance with applicable laws. Franchise ordinances require readings at three(3)separate Council meetings,with the third not less than thirty(30)days from the first reading. The ordinance does not take effect until sixty (60) days after its adoption on the third and final meeting. Afranchise fee of seven percent(7%)of gross receipts is paid into the General Fund. Mayor Pro Tern Ames made a motion to ADOPT ORDINANCE 05-029 ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO ARROW WASTE, INC. SECOND READING. Councilmember Cokinos seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 7. Consider approving a new solid waste collection and transportation service franchise to Triangle Waste Solutions, LLC - Resolution 05-030 Second Reading Administration recommended granting solid waste collection and transportation service franchise to Triangle Waste Solutions, LLC. Triangle Waste Solutions has requested that the City grant the company a franchise agreement for collection,hauling and transportation garbage or refuse from locations in the City, and the disposal of such material in accordance with applicable laws. Franchise ordinances require readings at three(3)separate Council meetings,with the third not less than thirty(30)days from the first reading. The ordinance does not take effect until sixty (60) days after its adoption on the third and final meeting. Page 7 of 9 Minutes-March 29,2005 A franchise fee of seven percent(7%)of gross receipts is paid into the General Fund. Councilmember Smith made a motion to ADOPT ORDINANCE 05-030 ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO TRIANGLE WASTE SOLUTIONS, LLC. SECOND READING. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NOT HAPPY ABOUT THE DECISION REGULATING HALF WAY HOUSES IN THE DOWNTOWN HISTORICAL DISTRICT COUNCILMEMBER BEAULIEU - CONCERNED ABOUT THE RESTORATION OF DOWNTOWN BEAUMONT AND THE LOCATING OF A HALF WAY HOUSE IN THIS AREA BUT FEELS THAT NOTHING HAS CHANGED AND THEY STILL HAVE TO OBTAIN A SPECIFIC USE PERMIT; REMINDED PEOPLE THAT THE INTENT OF THE PERSONAL FINANCIAL STATEMENT IS TO IDENTIFY POTENTIAL AREAS OF CONFLICT OF INTEREST COUNCILMEMBER COKINOS - NONE MAYOR PRO TEM AMES - NONE COUNCILMEMBER SAMUEL - DOWNTOWN AND CENTRAL BUSINESS DISTRICT IS IN HIS WARD AND IS CONCERNED WITH THE GROWTH AND DEVELOPMENT OF OUR CITY BUT WHAT WAS DONE TODAY DID NOT CHANGE ANYTHING BUT WE(AS COUNCIL)NEED TO BE AWARE OF THE CONSEQUENCES OF OUR ACTIONS; WANTED THE PEOPLE OF EAST GILL TO KNOW THAT THEIR CONCERNS WERE VOICED AND HEARD BY THE CITY MANAGER AND ACTIONS ARE BEING TAKEN TO CORRECT AND IMPROVE THESE SITUATIONS COUNCILMEMBER PATTERSON - COMMUNITY ANNOUNCEMENTS CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE Page 8 of 9 Minutes-March 29,2005 MAYOR LORD - EXPLAINED THE REASONS FOR HER VOTE THAT BY ALLOWING THESE HOMES TO MOVE INTO THE CENTRAL BUSINESS DISTRICT THAT THIS WOULD DISCOURAGE MORE BUSINESSES FROM MOVING INTO THIS AREA AND THERE WOULD BE FEWER JOBS FOR THESE PEOPLE Public Comments (Persons are limited to three minutes) LeRoy Lewis III 7866 Gladys Beaumont TX Water mains breaking through out the City is an ongoing problem, unfair treatment of real estate agents, lots that need to be mowed and houses that need to be condemned, more utility lighting in the City and more streets should be repaired Richelle Scott 8015 Village Drive Beaumont TX Would like to see more cameras at main intersections preferably along Dowlen Road to help provide documentation of accidents and would like to see an additional officer available when a family or relative is involved in an accident Roberto C. Flores Sr. 2425 Buchanan Beaumont TX Commended Councilmember Samuel for the fight he lead toward the house item and feels that these are "protective ordinances" to protect one area of the City but not all the areas Delores Davis 2298 Blanchette Beaumont TX Provisions need to made for the poor and not create more problems for the homeless Allen Lee 5095 Maddox Street Beaumont TX Believes that a"Mardi Gras Beaumont"would be a great idea as well as concerts at the Civic Center and would bring needed funds to the City; also feels that a Sunday bus service is needed as well as increased Saturday service,and feels that we need to do something to help clean the air in the area Council meeting closed at 2:38 p.m. Audio tapes are available upon request in the City Clerk's Office. V, � UNAV4,orl Evelyn M. 1-6-r-41 Mayor W 1W Rose Ann Jones, T C �� City Clerk Page 9 of 9 Minutes-March 29,2005