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Home My WebLink AboutMIN MAR 23 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 March 23,2004 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 March 23,2004,at the City Hall Council Chambers,801 Main Street, Beaumont,Texas,at 1:30 p.m.to considerthefollowing: OPENING Invocation Pledge of Allegiance Roll Call Presentations and Recognition 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. PastorJames Blackwell of South Park Baptist 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, Samuel and Patterson. Also present were Kyle Hayes, City Manager; Lane Nichols, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions 1. Tobacco Free Week - Proclamation was read by Mayor Pro Tern Ames declaring March 22 - 26, 2004 as "Tobacco Free Week"; accepted by Judy Cornelius 2. Brain Awareness Month - Proclamation was read by Councilmember Patterson declaring March 2004 as"Brain Awareness Month";accepted by Sally Keith of the Pilot Club of Beaumont 3. Monsignor Kelly Catholic High School Bulldogs Day-Proclamation was read by Mayor Lord declaring March 23, 2004 as "Monsignor Kelly Catholic High School Bulldogs Day" in recognition of the Boys Basketball 5A championship; accepted by team and coaches of the Bulldogs Minutes-March 23,2004 Public Comment: Persons may speak on scheduled agenda item No. 5-10/ Consent Agenda. James Matthews 2535 South Street Beaumont TX Agenda Item#10: He is the new property owner of 2599 South and wanted to let Council know that he fully intends to make all the necessary repairs on this property Melissa McCraven PO Box 3925 Beaumont TX Agenda Item#9: Representing Regina Lindseyof the Southeast Texas Arts Council thanked Council for the office space and continued support of the Arts CONSENT AGENDA Approval of minutes - Minutes of March 16, 2004 Confirmation of committee appointments A) Authorize the City Manager to execute an Interlocal Agreement with the Southeast Texas Regional Planning Commission (SETRPC) and provide $15,000 toward the funding of the Access to Jobs Transit Study - Resolution 04-059 B) Approve a one(1)year contract for the purchase of waste treatment polymer-Resolution 04- 060 C) Approve a resolution urging the Texas Transportation Commission to continue its strong, historic support for using toll credits in maintaining the existing system of public transportation- Resolution 04-061 D) Authorize the settlementof the lawsuit styled Delmon Jones vs.City of Beaumont-Resolution 04-062 Council member Cokinos 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 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 at 7565 Eastex Freeway. Ordinance 04 - 015 Page 2 of 10 Minutes-March 23,2004 Administration recommended approval of the request for a zone change from RS to GC-MD District at 7565 Eastex Freeway. Ron Davis,the property owner,states that he is planning to move his land surveying equipment business to this location. At a Joint Public Hearing held March 15,2004,the Planning Commission voted 7:0 to approve the request for a zone change from RS (Residential Single Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) District at 7565 Eastex Freeway. Councilmember Cokinos moved TO ADOPT ORDINANCE 04-015 TO AMEND THE ZONING OF THE PROPERTY LOCATED AT 7565 EASTER FREEWAY FROM RS (RESIDENTIAL SINGLE FAMILY DWELLING) TO GC-MD ( GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT. Councilmember Beaulieu seconded motion. AYES: MAYOR LORD, 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 an electrical contractor business in a GC-MD(General Commercial-Multiple Family Dwelling)District at 5755 Fannett Road - Ordinance 04-016 Administration recommended approval of the specific use permit to allow an electrical contractor business in a GC-MD District at 5755 Fannett Road. Jim Thurmon, property owner and business owner of JBT Electric, wants to operate his electrical contractor's business at 5755 Fannett Road. Mr.Thu rmon states that the property will be used for the office/warehouse facility for JBT Electric. The subject property was previously used as a wrecker service. At a Joint Public Hearing held March 15,2004,the Planning Commission voted 7:0 to approve the request for a specific use permit to allow an electrical contractor business in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5755 Fannett Road. Councilmember Samuel moved to ADOPT ORDINANCE 04-016 TO APPROVE THE SPECIFIC USE PERMIT TO ALLOW AN ELECTRICAL CONTRACTOR BUSINESS IN A GC-MD(GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 5755 FANNETT ROAD. Councilmember Patterson seconded motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED Page 3 of 10 Minutes-March 23,2004 3. Consider approving a request to revoke a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4345 Eastex Freeway- Ordinance 04-017 Administration recommended approval of the revocation of a specific use permit to allow a drinking place in a GC-MD District at 4345 Eastex Freeway. In March 2002, the City Council approved a specific use permit to the owner for a drinking place at 4345 Eastex Freeway. The property is zoned GC-MD(General Commercial-Multiple Family Dwelling)District. As such, no adult entertainment uses were permitted. Atthe Public Hearing held on February 20, 2002, it was understood that there would not be any adult entertainment. On February 17, 2004, the owner was arrested in an undercover police investigation for operating a sexually oriented business without a license. There were numerous other illegal activities discovered as well. Sec.30-26(h)of the Zoning Ordinances states that"a specific use permit may be revoked or modified, after notice and hearing, for either of the following reasons: 1) The specific use permit was obtained by fraud or deception; or 2) That one or more of the conditions imposed by the specific use permit have not been met or have been violated." At a Joint Public Hearing held March 15,2004,the Planning Commission voted 7:0 to approve the revocation of a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4345 Eastex Freeway. Councilmember Samuel moved to APPROVE ORDINANCE 04-017 TO REPEAL ORDINANCE 02-014 REVOKING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE IN A GC-MD DISTRICT LOCATED AT 4345 EASTEX FREEWAY. Councilmember Beaulieu seconded motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider approving a request for a specific use permit to allow a scrapbook business in an RCR(Residential Conservation and Revitalization)District at 2515 Broadway-Ordinance 04- 018 Administration recommended approval of the request for a specific use permit to allow a scrapbook business in an RCR District at 2515 Broadway. Carolyn McCullough,the property owner,wishes to offer the use of a crop room(a room with large tables and chairs)to individuals wishing to learn how to put scrapbooks together. Ms. McCullough has operated a massage business at this address for the last 18 years. She states that no exterior or interior renovations will be required. Page 4 of 10 Minutes-March 23,2004 At a Joint Public Hearing held March 15,2004,the Planning Commission voted 7:0 to approve the request for a specific use permit to allow a scrapbook business in an RCR (Residential Conservation and Revitalization) District at 2515 Broadway. Councilmember Beaulieu moved to ADOPT ORDINANCE 04-018 TO GRANTING A SPECIFIC USE PERMIT TO ALLOW A SCRAPBOOK BUSINESS IN A RCR DISTRICT LOCATED AT 2515 BROADWAY. Mayor Pro Tern Ames seconded motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 5. Consider approving an amendment to Chapter 26, of the Code of Ordinances of the City of Beaumont,by adding a new Section 26-11 regulating the operation of motor-assisted scooters on the streets and rights-of-way of the City of Beaumont - Ordinance 04-019 The council was requested to consider an amendment to Chapter 26, of the Code of Ordinances of the City of Beaumont by adding a new Section 26-11 regulating the operation of motor-assisted scooters on the streets and rights-of-way of the City of Beaumont. The Beaumont Police Department recommends that the City Council adopt an ordinance that would place restrictions and prohibitions on locations and use of motor-assisted scooters on the streets and rights-of-way of the City. The restrictions and prohibitions recommended are as follows: 1) It is unlawful to operate or ride a motor-assisted scooter on any street,access road or highway any part of which has a speed limit greater than thirty miles per hour 2) It is unlawful for a parent to allow or permit a child to operate or ride a motor-assisted scooter on any path, trail, street, alley or public way within the City 3) It is presumed that a parent allowed a child to operate or ride a motor-assisted scooter in a prohibited area 4) A person may not operate a motor-assisted scooter after dark within the City 5) It is unlawful to operate a motor-assisted scooter with a passenger on the scooter Itwas also recommended helmets be required for all those underthe age of 16 while operating or riding a motor-assisted scooter and unlawful for parents to allow or permit a child to operate or ride a motor-assisted scooter unless the child is wearing a helmet. Councilmember Samuel made the motion to amend the ordinance that the definition of a child is changed to age 12 and under. Councilmember Beaulieu seconded motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE Page 5 of 10 Minutes-March 23,2004 MOTION PASSED Councilmember Smith made the motion that helmets be required for all persons age 16 and under operating a motor-assisted scooter. Councilmember Samuel seconded motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED Councilmember Samuel moved to ADOPT ORDINANCE 04-019 WITH REVISIONS TO AMEND CHAPTER 26 OF THE CODE OF ORDINANCES BY ADDING A NEW SECTION 26-11 REGULATING THE OPERATION OF MOTOR-ASSISTED SCOOTERS ON THE STREETS AND RIGHTS-OF-WAY OF THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Beaulieu seconded motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 6. Consider approving a bid forthe purchase of one(1)manned dredge and pumperfor use by the Water Utilities Division - Resolution 04 - 063 Administration recommended award of a bid forthe purchase of one manned lagoon dredge and pumper in the amountof$125,218to Liquid Waste Technology,LLC foruse bythe Water Utilities Division. The dredgewill be utilized to remove accumulated sludge from the existing aeration ponds at the Water Reclamation Plant.The dredge is a floating dual pontoon unitwith auger and knife blades for breaking sludge,and a pump and discharge hoses to remove it from the water. The two 15 acre aeration ponds serve to filter solids out of wastewater before passing the water to the constructed wetlands. The ponds have a depth of ten feet, with the ponds currently holding estimated sludge levels of nine and five feet,respectively. This limits the effectiveness of the ponds, and compromises the plant's ability to stay within its permitted limits on the discharged water quality. The dredge unit carries warranties of one year on the dredge and two years on the engine. The recommended vendor is Liquid Waste Technology, LLC with a bid of$125,218.00. Councilmember Cokinos moved to APPROVE RESOLUTION 04-063 TO APPROVE THE CONTRACT WITH LIQUID WASTE TECHNOLOGY,LLC FOR THE PURCHASE OFA DREDGE UNIT. Councilmember Beaulieu seconded motion. Page 6 of 10 Minutes-March 23,2004 AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 7. Consider 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 04 -064 Beaumont Municipal Transit prepared a grant application for Fiscal Year 2004 FTA funds. This grant will help fund the labor,fringe benefits, parts and supplies, purchase services, utilities, insurance,taxes and licenses,and all other miscellaneous expenses needed forthe operation and maintenance of the Beaumont Municipal Transit(BMT)System in Fiscal Year 2004,the period from October 1, 2003 through September 30, 2004. The City expects to receive $1,407,016 from this grant. Councilmember Cokinos moved to APPROVE RESOLUTION 04-064 TO APPROVE THE GRANT APPLICATION AND EXECUTE A CONTRACT WITH THE FEDERAL TRANSIT ADMINISTRATION TO RECEIVE OPERATING ASSISTANCE FUNDS FOR THE BEAUMONT MUNICIPAL TRANSIT SYSTEM. Councilmember Smith seconded motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 8. Consider approving a six (6) month contract for the purchase of asphaltic concrete - Resolution 04 - 065 Administration recommended award of a six-month contract to APAC-Texas, Inc. for purchasing asphaltic concrete atthe unit cost with an estimated total contract expenditure in the amount of$97,000. Cold laid asphaltic concrete is used for repairing potholes and small sections of street,while hot asphaltic concrete is used for repairs to larger street sections. It is estimated that approximately 3,000 tons of asphaltic concrete will be used during the term of the contract. Councilmember Smith moved to APPROVE RESOLUTION 04-065 TO APPROVE THE CONTRACT WITH APAC-TEXAS, INC. FOR THE PURCHASE OF ASPHALTIC CONCRETE AT UNIT COST PER BID. Councilmember Beaulieu seconded motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON Page 7 of 10 Minutes-March 23,2004 NAYS: NONE MOTION PASSED 9. Consider authorizing the City Managerto execute a lease agreement with the Southeast Texas Arts Council (SETAC) for office space in the Julie Rogers Theatre - Resolution 04-066 Administration recommended authorizing the City Manager to execute a two-year lease agreementwith SETAC,in the amount of$300 per month,foroffice space located in the Julie Rogers Theatre. There has been a letter of agreement with SETAC since November 2002 to occupy the office space at no charge. Due to recent inquiries from other organizations concerning the availability of surplus office space,and in orderto coverthe City's cost of providing the office space,itwas determined that a formal agreement should be executed and a nominal rental fee charged. SETAC will pay a rental fee of$300 per month. They will provide general liability insurance in the amount of$1 M for the leased premises. All utilities will be paid by the City; however,SETAC will payfor custodial services within the designated office space and fortheir own telephone service. Either party may terminate the agreement with ninety days written notice. COuncilmember Smith moved to APPROVE RESOLUTION 04-066 TO APPROVE THE CONTRACT WITH SETAC FOR A TWO-YEAR CONTRACT FOR OFFICE SPACE AT THE JULIE ROGERS THEATRE. Mayor Pro Tern Ames seconded motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 10. Consider amending Ordinance No. 03-082 relating to the structure located at 2599 South Ordinance 04-020 At the request of Councilmember Lulu Smith,Administration recommended the condemnation order for the structure located at 2599 South be reconsidered to allow a new property owner to rehabilitate the structure. This structure was brought before City Council on October 28, 2003 with staffs recommendation of a raze or repair order. The property owner was given 120 days to rehabilitate the structure. The property owner did not comply with Council order. If approved,staff will enroll the new owner in a work program and monitorthe progress of work. If the structure is not brought up to code or substantial progress is not made within the specified time period,the structure will be demolished without any further notification to property owner or Council action. Page 8 of 10 Minutes-March 23,2004 Councilmember Smith moved to ADOPT ORDINANCE 04-020 TOAMEND ORDINANCE 03-082 TO REMOVE THE STRUCTURE LOCATED AT 2599 SOUTH STREET AND GARAGE AND SHED FROM SECTION 1 AND SECTION 2 AND ORDER THAT THE STRUCTURE BE DEMOLISHED OR REPAIRED WITH 120 DAYS OF THE EFFECTIVE DATE OF THIS ORDINANCE. Councilmember Beaulieu seconded motion. AYES: MAYOR LORD, 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- REQUESTED THAT THE PROPERTY LOCATED AT 1380 EWING STREET BE BROUGHT BACK TO ,COUNCIL FOR RECONSIDERATION COUNCILMEMBER PATTERSON - REQUESTED INFORMATION ABOUT FUNDING AVAILABLE FOR DISPLACED SENIOR HOMEOWNERS CITY ATTORNEY LANE NICHOLS - NONE CITY MANAGER KYLE HAYES - NONE MAYOR LORD - ATTENDED CITIZENS ON PATROL ANNUAL MEETING, COMMENTED ON THE GROWTH OF THE ORGANIZATION, THE CONTRIBUTIONS TO THE COMMUNITY OF THIS ORGANIZATION AND THE SATISFACTION RECEIVED BY THE MEMBERS OF THE ORGANIZATION Public Comments (Persons are limited to three minutes) Tommy May 1307 Franklin Beaumont TX Spoke on behalf of the Beaumont Professional Fire Fighters Union regarding the staffing modifications and requested the City to maintain adequate staffing of the fire department Page 9 of 10 Minutes-March 23,2004 Mike Drury 2025 W. Lucas Beaumont TX Spoke on behalf of the fire fighters staffing and the importance of this on the insurance rating for the residents James Mathews 2535 South Beaumont TX Spoke on behalf of the fire fighters staffing especially concerns about protecting the elderly citizens and the safety of the fire fighters Jerry Whittington Sr. 2164 Cable Avenue Beaumont TX Voiced his concerns about the Police Department and an incident at his residence Open session of meeting recessed at 2:33 p.m. Executive Session was held between 2:46 p.m.and 2:55 p.m. There being no action taken in Executive Session, Council adjourned at 2:55 p.m. Audio tapes are available upon request in the City Clerk's Office. 4f\r4\ Evelyn Ldrd, Mayor ��P�� aa®g® FLU o v Rose Ann Jones, City erk "z r Page 10 of 10 Minutes-March 23,2004