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MIN AUG 02 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,At-Large Audwin Samuel, Mayor Pro Tem,Ward III August 2, 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 August 2, 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 2-3/Consent Agenda * Consent Agenda Mayor Pro Tern Samuel called the council meeting to order at 1:30 p.m. Reverend Asriel McLain of the West Tabernacle Missionary Baptist Church gave the invocation. Members of the Beaumont Blast Gold Softball Team led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Pro Tern Samuel, Councilmembers Smith, Beaulieu, Cokinos, Ames and Patterson. Absent Mayor Goodson. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions "Beaumont Blast Gold Softball Champions Day" -August 2, 2005- Proclamation read by Councilmember Beaulieu; accepted by members of the Beaumont Blast Gold Softball team Public Comment: Persons may speak on scheduled agenda items 2-3/Consent Agenda. None CONSENT AGENDA * Approval of minutes - Minutes of July 26, 2005 * Confirmation of committee appointments - Resolution 05-165 Darla Bell would be reappointed to the Community Development Advisory Committee. The current term would expire June 2, 2007. (Councilmember Bobbie J. Patterson) Minutes-August 2,2005 Anita Beta Berry would be reappointed to the Community Development Advisory Committee. The current term would expire June 2, 2007. (Councilmember Bobbie J. Patterson) A) Approve the purchase and installation of a security management system at the Police Department - Resolution 05-166 B) Approve the sale of City-owned surplus property - Resolution 05-167 Councilmember Cokinos made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS,AMES AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4290 Pradice- Administration recommended denial of a specific use permit to allow a drinking place in a GC-MD(General Commercial-Multiple Family Dwelling)District at 4290 Pradice. If it is the desire of City Council to approve this request, it should be subject to the following condition: • A special exception to the parking requirement must be approved by the Board of Adjustment. Tina Renee Smith, the applicant, is requesting a specific use permit to allow a drinking place in an existing building at 4290 Pradice. A letter from Ms. Smith,dated July 27, 2005, states she will only be applying for a beer and wine license. This property was granted a zone change to GC-MD and a specific use permit for a drinking place in 1984. However, in 1991, the City Council revoked that specific use permit. At that time, the building was vacant and City staff stated that the neighborhood petitioned the City to revoke the specific use permit before another bar opened at that location. Twenty-four(24) parking spaces are required. The site plan shows four(4) parking spaces. The Transportation Manager denied the use of those spaces because they are entered directly from the street. Ms. Smith has submitted letters from the property owners of the lot west of the subject property and at 4235 Pradice granting permission to use the properties for parking. The lot (Lot 33) west of the subject property is only forty (40) feet wide. Since that property abuts residential zoning, an eight (8) foot fence and a ten (10) Page 2 of 5 Minutes-August 2,2005 foot wide landscape strip are required along the west property line unless waived by City Council. Even if that requirement is waived, a minimum of forty-two(42)feet is required for one row of parking and the traffic aisle. In addition, Lot 33 was not included in the initial application and to be used for parking for the night club, a specific use permit would be required for that lot. The vacant lot at 4235 Pradice, across the street from the subject property, is zoned RM-H. That zoning prohibits the use of that lot for parking for the night club. The Board of Adjustment would have to grant a special exception to the parking requirement if twenty-four (24) parking spaces are not legally provided for. At a Joint Public Hearing held July 18, 2005, the Planning Commission voted 6:0 to deny a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4290 Pradice. Councilmember Patterson moved to ADOPT AN ORDINANCE GRANTING A SPECIFIC USE PERMITTO SERVE ALCOHOLIC BEVERAGES IN A GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT ON PROPERTY LOCATED AT 4290 PRADICE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, DEPENDENT UPON THE GRANTING OF A VARIANCE FOR PARKING. Motion failed due to lack Of second. Councilmember Beaulieu moved to ALLOW THE APPLICANT TO REAPPLY FOR THE SPECIFIC USE PERMIT WHEN ALL THE PARKING ISSUES HAVE BEEN ADDRESSED. Councilmember Ames seconded the motion. AYES: COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, AMES AND PATTERSON NAYS: NONE ABSTAIN: MAYOR PRO TEM SAMUEL MOTION PASSED 2. Consider approving a resolution authorizing the City Manager to execute a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract XI - Resolution 05-168 Administration recommended approval of a contract with Allco, Ltd., Beaumont, Texas, in the amount of$697,462 to rehabilitate approximately 942 linear feet of 6- inch, 15,549 linear feet of 8-inch, and 1,125 linear feet of 10-inch sanitary sewer lines, to remove and replace approximately 59 manholes, and to replace approximately 224 service line connections on Lockwood Drive, Daisy Drive, Salem Circle, Libby, Betsy, Karlette, Perth, Park, Virginia, Campus Avenue, Legion, Boyd, Saxe, Marceline, Edson Drive, and Nichols Drive. The existing sewer lines built in the 1950's have deteriorated and require major rehabilitation. The primary goals of the project are to restore the integrity of the sanitary sewer lines, restore the carrying capacity, and provide customers with uninterrupted and adequate service. Page 3 of 5 Minutes-August 2,2005 Funds for the project are available in the Water Utilities Operating Fund. Councilmember Smith made a motion to APPROVE RESOLUTION 05-168 THAT THE CITY MANAGER BE AUTHORIZED TO EXECUTE A CONTRACT WITH ALLCO, LTD., BEAUMONT, TEXAS, FOR THE SANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS CONTRACT-XI IN THE AMOUNT OF $697,462 TO REHABILITATE APPROXIMATELY 17,616 LINEAR FEET OF SANITARY SEWER LINES. Councilmember Patterson seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS,AMES AND PATTERSON NAYS. NONE MOTION PASSED 3. Consider approving a bid for improvements to the tennis courts at Central Park - Resolution 05-169 Administration recommended the award of a bid for furnishing all labor, equipment, materials and supplies necessary for the post-tension concrete tennis court resurfacing at Central Park in the amount of $104,936 to Courts-N-Stuff of Brookshire, Texas. The original tennis courts installed approximately 45 years ago have been resurfaced several times. The concrete surface cracks and separates from ground movement rendering the surface unplayable. The proposed post-tension concrete surface will allow ground movement without cracking or separation from soil conditions. In addition to the new court surface, new lighting and fences will be installed. Work will begin in approximately two weeks and be completed within 120 Days. Funds are provided in the General Improvement Fund. Councilmember Patterson made a motion to APPROVE RESOLUTION 05-169 THATTHE BID SUBMITTED BY COURTS-N-STUFF, OF BROOKSHIRE, TEXAS IN THE AMOUNT OF $104,936 FOR A POST-TENSION CONCRETE TENNIS COURT RESURFACING AT CENTRAL PARK BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, AMES AND PATTERSON NAYS: NONE MOTION PASSED Page 4 of 5 Minutes-August 2,2005 COUNCILMEMBER COMMENTS COUNCILMEMBER PATTERSON - THIS SATURDAY IS THE CELEBRATION OF THE 40TH ANNIVERSARY OF THE VOTING RIGHTS ACT OF 1965;FEELS THAT IT IS IRONIC THAT WE HAVE TO GET THIS ACT RE- AUTHORIZED EVERY 25 YEARS AS IT SHOULD BE A PERMANENT CONSTITUTIONAL RIGHT COUNCILMEMBER SMITH - NONE COUNCILMEMBER BEAULIEU - EXPRESSED APPRECIATION TO MR. WARNER AND OTHER STAFF FOR THEIR HELP IN IDENTIFYING SOLUTIONS FOR THE TRAIN NOISE IN RESPONSE TO THE MANY INQUIRIES OF THE NEIGHBORHOOD ASSOCIATIONS COUNCILMEMBER COKINOS - NONE COUNCILMEMBER AMES - NONE MAYOR PRO TEM SAMUEL- NONE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE Public Comments (Persons are limited to three minutes) Henry Pitre 10251 SW23CT Miramar FL 33025 Homestead: 2045 Potts Street, Beaumont; wanted information on who is responsible for the street and drainage problems Jennie L. Simon 4530 Goliad Street Beaumont TX Spoke against the granting of a specific use permit for a drinking place on Pradice Street There being no Executive Session, Council adjourned at 2:05 p.m. Audio tapes are available upon request in the City Clerk's Office. w' (,J "set I/ r Au in M. Sra , Mayor Pro Tern ? 2 It Rose nn Jones, TR City Clerk Minutes-August 2,2005 Page 5 of 5