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MIN JUN 21 2005 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith,Ward I GUY N. GOODSON, MAYOR Nancy Beaulieu,Ward II Andrew P. Cokinos,At-Large CITY COUNCIL MEETING Becky Ames, Mayor Pro Tem Audwin Samuel,Ward III June 21,2005 Bobbie J. Patterson,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 June 21,2005,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, 4 and 7/Consent Agenda * Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Pastor Castile Colbert Jr. of the Gospel of Jesus Christ Church gave the invocation. Councilmember Cokinos led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Goodson, Mayor Pro Tern Ames, Councilmembers Smith, Beaulieu, Cokinos, Samuel and Patterson. Also present were Kyle Hayes, City Manager;Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions Adopt-A-Street Signing: Ward III - Councilmember Samuel - Avenues Neighborhood Association, represented by Roberto Flores,adopted College Streetfrom M L King Parkway to Fourth Street (Old Spanish Trail) Adopt-A-Street Signing: Ward IV - Councilmember Patterson - Brick House Neighborhood Association, represented by LaCharles Bradley, adopted E. Virginia from Sullivan to Maddox Adopt-A-Street Signing: Ward IV - Councilmember Patterson - Pride of Beaumont Council 13 KOP, represented by Jeremy Manuel, adopted 5th Street from Washington to Fannett Minutes-June 21,2005 Public Comment: Persons may speak on scheduled agenda items 3,4 and 7/Consent Agenda. Roberto C. Flores, Sr. 2425 Buchanan Beaumont TX Consent Agenda Item#2:Confirmation of Committee Appointments:Stated that all committee appointments should be listed on agenda and questioned the updated list of committee appointments on file in regard to the expiration date of the members CONSENT AGENDA * Approval of minutes - Minutes of June 7, 2005 * Confirmation of committee appointments - None A) Approve a one(1)year contract for the purchase of waste treatment polymer for use at the Water Reclamation Plant - Resolution 05-139 B) Approve a contract forthe purchase of air,oil and fuel filters for use by the Fleet Management Division - Resolution 05-140 C) Authorize the acceptance of a ten foot(10')wide water line easement providing access for fire prevention services forAdams Storage located at 650 Interstate 10 South-Resolution 05-141 D) Authorize the acceptance of a ten foot(10')wide water line easement providing access for fire prevention services for a proposed Convenience Store and R.V.facility located at 6290 Highway 347 - Resolution 05-142 Council member Coki nos made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a request for a zone change from RS(Residential Single Family Dwelling)to GC-MD-2(General Commercial-Multiple Family Dwelling-2)District and a specific use permit to allow an electrical contractor in a GC-MD-2 District on the east side of Goldsborough, approximately 230' south of Byrd Administration recommended denial of the zone change from RS(Residential Single Family Dwelling) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) Page 2 of 8 Minutes-June 21,2005 District and a specific use permitto allow an electrical contractor in a GC-MD-2 District on the east side of Goldsborough, approximately 230' south of Byrd. Mike Dubea with Red Simpson, Inc.,the applicant, is requesting a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial- Multiple Family Dwelling-2) District and a specific use permit to allow the expansion of its electrical contractor business. The company installs power lines. Mr. Dubea states that the company is wishing to expand its current facility at 1255 Lindbergh. The subject property will be used as a maintenance shop and storage facility for equipment. At a Joint Public Hearing held May 23, 2005,the Planning Commission voted 6:3 to deny a zone change from RS (Residential Single Family Dwelling) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow an electrical contractor in a GC-MD-2 District on the east side of Goldsborough, approximately 230' south of Byrd. Councilmember Patterson made a motion to DENY A REQUEST FOR A ZONE CHANGE FROM RS(RESIDENTIAL SINGLE FAMILY DWELLING)TO GC-MD-2(GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING-2) DISTRICT AND A SPECIFIC USE PERMIT TO ALLOW AN ELECTRICAL CONTRACTOR IN AGC-MD-2 DISTRICT ON THE EAST SIDE OF GOLDSBOROUGH, APPROXIMATELY 230'SOUTH OF BYRD. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 2. Consider approving a request for a specific use permit to allow a mortgage broker in an RCR(Residential Conservation and Revitalization)District at 2630 North Street- Ordinance 05-053 Administration recommended approval of a specific use permit to allow a mortgage broker in an RCR(Residential Conservation and Revitalization)District at 2630 North Street subject to the conditions as recommended by the Planning Commission. Lawrence D. Bland, III, the applicant, is requesting a specific use permit to allow a mortgage broker in an RCR(Residential Conservation and Revitalization)District at 2630 North. Mr. Bland was made aware that he would be required to get a specific use permit after Planning staff notified him of the need. At a Joint Public Hearing held May 23, 2005,the Planning Commission voted 9:0 to approve a specific use permit to allow a mortgage broker in an RCR District at 2630 North Street subject to the following conditions: Page 3 of 8 Minutes-June 21,2005 • Reconfigure the existing parking lot to resemble Parking Plan • Modification to the landscaping/screening requirements along the south edge of the front parking lot(no 6'landscape edge)and along the north, east and west property lines (no 8' fence and 10' landscape strip). • The granting of a variance by the Board of Adjustment to the paving requirement for the rear parking lot. • Allow the applicant to come back within six months. Councilmember Beaulieu made a motion to ADOPT ORDINANCE 05-053 TO GRANT A SPECIFIC USE PERMIT TO ALLOW A MORTGAGE BROKER IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION)DISTRICT LOCATED AT 2630 NORTH STREET IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider approving a one (1) year contract for the purchase of fittings, pipes and couplings for use by the Water Utilities Department - Resolution 05-143 Administration recommended award of an annual contract for purchasing fittings, pipes,and couplings to various vendors at the unit costs reflected in the attached bid tabulation, with an estimated total annual expenditure of $403,617.70. Bids were requested foran annual contract for couplings,brass fittings,plastictubing and other water-related materials for use by the Water Utilities Department. The materials are used in the repair of existing water lines, installation of new water service lines, and in the maintenance of existing water mains and meters. The materials are utilized to maintain adequate water service throughout the City. The estimated annual expenditure to each vendor under the contract is as follows: $156,379.65 to Coburn Supply of Beaumont,$227,426.55 to Golden Triangle Pipe of Beaumont, and $19,811.50 to Rural Pipe of Jasper. Funds are available forthis expenditure in the Water Utilities Department's operating budget. Councilmember Smith made a motion to APPROVE RESOLUTION 05-143 APPROVING A ONE YEAR CONTRACT FOR THE PURCHASE OF FITTINGS, PIPES AND COUPLINGS TO COBURN SUPPLY OF BEAUMONT, TEXAS, IN THE AMOUNT OF $156,379.65; GOLDEN TRIANGLE PIPE OF BEAUMONT,TEXAS,IN THE AMOUNT OF$227,426.55;AND RURAL PIPE OF JASPER,TEXAS IN THE AMOUNT OF$19,811.50 FOR A TOTAL ANNUAL EXPENDITURE OF$403,617.70. Mayor Pro Tern Ames seconded the motion. Page 4 of 8 Minutes-June 21,2005 AYES: MAYOR GOODSON, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider approving a resolution authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration (FTA)to receive Operating Assistance funds for the Beaumont Municipal Transit System - Resolution 05-144 Administration recommended approval of a resolution authorizing the City Manager to submit a grant application and execute a contractwith the FTA to receive Operating Assistance funds for the Beaumont Municipal Transit System. Beaumont Municipal Transit has prepared a grant application for FY 2005 FTAfunds. The grant will help fund the labor, fringe benefits, parts and supplies, purchased services,utilities,insurance,taxes and licenses,and all other miscellaneous expenses needed forthe operation and maintenance of the Beaumont Municipal Transit(BMT) System in FY 2005, the period from October 1, 2004 through September 30, 2005. The grant will pay up to 50% of the net operating deficit. Councilmember Smith made a motion to APPROVE RESOLUTION 05-144 THAT THE CITY MANAGER BE AUTHORIZED TO SUBMIT A GRANT APPLICATION AND EXECUTE A CONTRACT WITH THE FEDERAL TRANSIT ADMINISTRATION(FTA)TO RECEIVE OPERATING ASSISTANCE FUNDS FOR THE BEAUMONT MUNICIPAL TRANSIT SYSTEM. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 5. PUBLIC HEARING: Receive comments regarding the Byrne Memorial Justice Assistance Grant from the U.S. Department of Justice Presentation was made by Lt. Jeff Skinner, Beaumont Police Department. He explained that this grant replaces the former BLOCK Grant program. This is a joint application among the entities of Beaumont,PortArthur and Jefferson County Sheriffs Department. The total of $174,747 will be broken down as follows: Beaumont- $109,514, Port Arthur-$38,571, Jefferson County Sheriffs Department-$26,662. Public Hearing Convened at 1:52 p.m. Page 5 of 8 Minutes-June 21,2005 No Comments Public Hearing Closed at 1:55 p.m. Councilmember Samuel made a motion to RECEIVE THE GMS APPLICATION NUMBER- 2005-F2640-Tx-DJ. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND P ATTERSON NAYS: NONE MOTION PASSED 6. PUBLIC HEARING: Dangerous Structure Consider approval of an ordinance declaring certain structures to be dangerous structures and ordering their removal within so many days and ordering a raze or repair order for certain other structures. Public Hearing Convened at 2:00 p.m.. Public comments were made by the following people who personally appeared and requested additional time to make repairs to their property. Ronald Trotti 689 Kate Lowe Road Livingston TX Tim Kelley 689 Kath Lowe Road Livingston TX #33 - RE: 2950 Victoria Tim Storbeck 2300 East Lucas Beaumont TX #21 - RE:1508 Neches Gaylord Veazia 5580 Bigner Road Beaumont TX #30 - RE: 2190 Fillmore Mary Sue Barranco 3015 Timberwood Beaumont TX Robert Loughridge 2225 Victory Road Galveston TX #6 - RE: 3565 College (Commercial) Brandon Perry 4455 Dowlen Road Beaumont TX #32 - RE: 4155 Laurel (Commercial Structure/Phelan 6 Theatre) Abbie Matthews 3175 Roberts Beaumont TX James Butler 5410 Nelkin Beaumont TX #13 - RE: 2356 Irving and Garage Herman Johnson 7455 Calder Beaumont TX #26 - RE: 640 2nd Street Page 6 of 8 Minutes-June 21,2005 Councilmember Beaulieu made a motion to ADOPT ORDINANCE 05-054 FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND/OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Councilmember Samuel seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED Public Comments (Persons are limited to three minutes) Frank Kiefer 3190 Willowood Beaumont TX Still concerned aboutthe guard rail on Brickyard Lake,feels that although the paintwill make the guard rail more noticeable, it still needs to be replaced with something stronger before an accident happens Roberto C. Flores Sr. 2425 Buchanan Beaumont TX In favor of the demolition process but would like Council to take into consideration those who live near the structure and the effect it has on them when an extension is granted; proud to have the Avenues Neighborhood Association participate in the Adopt-A-Street program Joseph Lewis Box 62 Beaumont TX Feels that some sort of program should be available to homeowners who don't have the money to rehabilitate their homes instead of letting them be torn down Gene Strahan 432 Belvedere Beaumont TX Had questions on the sign moratorium and wanted to know the procedure for putting up a sign on his business EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Brannon Steward v. Beaumont Water Department, et al William Millican v. City of Beaumont Tomas Villalobos v. City of Beaumont * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: Mayor Pro Tempore Page 7 of 8 Minutes-June 21,2005 Open Session of meeting recessed at 2:50 p.m. for the convening of the Executive Session. Following Executive Session, Open Session of the regular meeting reconvened at 4:00 p.m. 7. Conduct an election of Mayor Pro Tempore Councilmember Beaulieu made a motion to NOMINATE COUNCILMEMBER SAMUEL AS MAYOR PRO TEMPORE FOR A ONE(1)YEAR TERM. Council member Patterson seconded the nomination. Resolution 05-145 AYES: MAYOR GOODSON, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE COUNCILMEMBER BEAULIEU - NONE COUNCILMEMBER COKINOS - NONE MAYOR PRO TEM AMES - NONE COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER PATTERSON - NONE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR GOODSON - NONE Council adjourned at 4:14 p.m. 1 Audio tap re available upon request in the City Clerk's Office. ,��l�l / V wsss Guy N. Goodson, Mayor Rose Ann Jones, TRNO- City Clerk Minutes-June 21,2005 Page 8 of 8