HomeMy WebLinkAboutMIN MAR 28 2006 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 March 28, 2006 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 March 28, 2006,
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 4-7/Consent Agenda
Consent Agenda
Mayor Goodson called the council meeting to order at 1:30 p.m.
Reverend James Blackwell of the South Park Baptist Church gave the invocation.
Councilmember Patterson 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 Samuel, Councilmembers Smith,
Beaulieu,Ames and Patterson;Absent: Council member Cokinos. Also presentwere Kyle Hayes,
City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk.
Proclamations, Presentations, Recognitions
None
Public Comment: Persons may speak on scheduled agenda items 4-7/Consent Agenda.
James S. Ramsey 4416 Travis Beaumont TX
Item #4: Representing Clean Energy; opposed to approving contract of a compressed
natural gas fueling facility due to evaluation and bidding process
Dorothy Evans 2825 Arthur Lane Beaumont TX
Item #4: Opposed to approving contract of a compressed natural gas fueling facility due
to location
Joe Lewis Box 62 Beaumont TX
Item #5: Opposed to purchasing of seating for the Julie Rogers Theatre; feels too much
money has already been invested in this facility
Minutes-March 28,2006
CONSENT AGENDA
Approval of minutes - Minutes of March 21, 2006
Confirmation of committee appointments - None
A) Authorize the City Manager to execute a change order for the Theodore R. John's Sr.
Library Repair Project - Resolution 06-092
Mayor Pro Tern Samuel made a motion to approve the Consent Agenda. Councilmember
Beaulieu seconded the motion.
AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS
SMITH, BEAULIEU, 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 4345 Eastex
Freeway. Deferred by Council for request of additional information
Administration recommended denial of a specific use permit to allow a drinking
place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4345
Eastex Freeway.
Frederick J. Smith, Jr. has applied fora specific use permit to allow a drinking place
in a GC-MD (General Commercial-Multiple Family Dwelling) District. The property
is located at 4345 Eastex Freeway. The night club will not provide "adult
entertainment". Proposed hours of operation will be 9 p.m. - 2 a.m., Tuesday -
Sunday. The applicant states that the club will cater to adults 30 years and older.
Two businesses now occupy the subject property, Aaron's Rentals and an
insurance office. The club will be open when the other businesses are closed.
At a Joint Public Hearing held March 20, 2006, the Planning Commission voted 7:0
to deny a specific use permit to allow a drinking place in a GC-MD (General
Commercial-Multiple Family Dwelling) District at 4345 Eastex Freeway.
2. Consider approving a request for a specific use permit to allow a residential care
facility housing offenders for the treatment of substance abuse in a GC-MD
(General Commercial-Multiple Family Dwelling) District at 1765 and 1785
Washington Boulevard - Ordinance 06-019
Page 2 of 10 Minutes-March 28,2006
Administration recommended approval of a specific use permit to allow a residential
care facility housing offenders for the treatment of substance abuse in a GC-MD
(General Commercial-Multiple Family Dwelling) District at 1765 and 1785
Washington Boulevard.
Land Manor, Inc./Melton Center is applying for a specific use permit to allow a
halfway house for offenders with alcohol and drug abuse problems. The property
is located at 1765 and 1785 Washington Boulevard. Land Manor has operated a
49 bed indigent male substance abuse facility at this location since 1987.
Land Manor is now applying to the Texas Department of Justice for a contract to
keep services for its adult male parolee, mandatory and community supervision
(probation) therapeutic transitional clients. Under its current TDCJ contract, Land
Manor's clients have participated in a 9 month in-prison Therapeutic Community for
treatment of addiction. They also provide these male clients with additional
chemical dependency treatment and assistance through the Department of
Assistive and Rehabilitative Services.
At a Joint Public Hearing held March 20, 2006, the Planning Commission voted 7:0
to approve a specific use permit to allow a residential care facility housing offenders
for the treatment of substance abuse in a GC-MD (General Commercial-Multiple
Family Dwelling) District at 1765 and 1785 Washington Boulevard.
Councilmember Beaulieu made a motion to ADOPT ORDINANCE 06-019 ENTITLED AN
ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY
HOUSING OFFENDERS FOR THE TREATMENT OF SUBSTANCE ABUSE IN A GC-MD(GENERAL
COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 1765 AND 1785
WASHINGTON BOULEVARD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
Councilmember Smith seconded the motion.
AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS
SMITH, BEAULIEU, AMES AND PATTERSON
NAYS: NONE
MOTION PASSED
3. Consider approving a request for a specific use permit to allow professional offices
in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 3590
Delaware - Ordinance 06-018
Administration recommended approval of a specific use permit to allow professional
offices in an RM-H (Residential Multiple Family Dwelling-Highest Density) District
at 3590 Delaware.
Sheri Arnold is applying for a specific use permit to allow the construction of three
office buildings at 3590 Delaware. One of the three buildings will house Ms.
Arnold's real estate business. The other two buildings will be used for other
professional office uses.
Page 3 of 10 Minutes-March 28,2006
At a Joint Public Hearing held March 20, 2006, the Planning Commission voted 7:0
to approve a specific use permit to allow professional offices in an RM-H
(Residential Multiple Family Dwelling-Highest Density) District at 3590 Delaware
subject to the following conditions:
• Modify Site Plan "A" by relocating Building C to the northeast corner of the
property with parking located to the south and west of the building.
• Modification to the landscaping requirements along the east side of the
property (0' to 5' landscape strip)
Councilmember Beaulieu made a motion to ADOPT ORDINANCE 06-018 ENTITLED AN
ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW PROFESSIONAL OFFICES IN AN
RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED
AT 3590 DELAWARE IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Mayor Pro
Tern Samuel seconded the motion.
AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS
SMITH, BEAULIEU, AMES AND PATTERSON
NAYS: NONE
MOTION PASSED
4. Consider approving a contract for the construction of a Compressed Natural Gas
(CNG) fueling facility - Resolution 06-093
Administration recommended approval of a contract with Pinnacle CNG Company
of Midland, Texas to furnish all labor, materials, supplies and equipment to design
and build a CNG fueling facility at Beaumont Municipal Transit(BMT) in the amount
of $2,068,950.
Sixteen (16) new CNG transit buses were ordered in December 2005 for BMT. The
new buses are fueled by compressed natural gas, an alternative fuel source
designed to reduce air pollution. The cost of the buses are fully funded by a federal
grant provided to entities that convert to alternative fuel sources.
A high pressure CNG fueling facility must be constructed at BMT. The CNG fueling
facility must be capable of fueling the entire bus fleet daily. Natural gas from a
nearby CenterPoint gas line will be piped to the facility for onsite compression.
Request for bids from contractors to design, build, test, operate and maintain a
CNG fueling facility were received March 9, 2006. Contractors were instructed to
propose a system capable of fueling transit buses within certain parameters. The
parameters included the ability to fuel at least seven (7)buses per hour,or each bus
in eight (8) minutes or less. The requested two-hose fast-fill dispensing system is
a fully automated, self service vehicle fueling station.
The optional redundant compressor will ensure continued operation in the event a
compressor is unavailable. The optional diesel-fueled backup generatorwill provide
fueling operation during a power outage. The Vehicle Data Modules, installed on
Page 4 of 10 Minutes-March 28,2006
each bus, store, record and transmit data such as vehicle identification, odometer
readings, engine hours, miles per gallon and hours of operation.
The successful contractor is also responsible for providing O&M services. O&M
includes performing all scheduled and unscheduled maintenance and repairs as
needed. All parts, labor and materials shall be provided by the contractor to ensure
the continuous operation of the CNG facility. The O&M services were requested for
a ten (10) year period and the annual cost is based on fuel usage.
Pinnacle's first year O&M cost, based on projected fuel usage of 378,000 therms,
is a minimum of$119,000. (A therm is a unit of measurement for natural gas. One
gallon of diesel is equal to 1.37 therms.) The remaining years' cost, based on a
projected annual fee usage of 452,000 therms, is a minimum of $131,000. It is
projected, based on current diesel fuel usage,that the buses will use approximately
420,000 therms per year of CNG.
Pinnacle has built numerous CNG fueling facilities in Texas and California. They
have built CNG fueling facilities for the Fort Worth Transportation Agency and the
City of Dallas. The California references include the United Parcel Service Center
in West Sacramento, San Ramon and Fresno, California, the State of California
Department of Transportation in Los Angeles,Ventura County and numerous other
government entities.
Based on references, costs and the proposed system, Pinnacle CNG Company's
design and build proposal was recommended by a review committee consisting of
staff from Public Works, Beaumont Transit and Purchasing.
Completion of the project is expected to be in six (6) months.
Funding will be provided for the construction of the facility from the following
sources:
1) a grant from the Texas Emissions Reduction Plan (TERP)through the Texas
Commission on Environmental Quality (TCEQ) in the amount of $472,600
with no City match;
2) a grant from South East Texas Regional Planning Commission (SETRPC)
through Federal Transit Administration (FTA) Congestion Mitigation and Air
Quality(CMAQ) in the amount of$200,000 with the City's match of$50,000;
3) a grant from the FTA CMAQ in the amount of $1,550,000 with the City's
match of $387,500.
The FTA will provide 80% of the funding for the annual O&M costs with the
remaining 20% funded by the City.
COuncilmember Smith made a motion to APPROVE RESOLUTION 06-093 THAT THE BID
SUBMITTED BY PINNACLE CNG COMPANY OF MIDLAND, TEXAS TO FURNISH ALL LABOR,
MATERIALS, SUPPLIES AND EQUIPMENT TO DESIGN AND BUILD A COMPRESSED NATURAL
GAS(CNG)FUELING FACILITY IN THE AMOUNT OF$2,068,950 BE ACCEPTED BYTHE CITY
OF BEAUMONT. Councilmember Ames seconded the motion.
Page 5 of 10 Minutes-March 28,2006
AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS
SMITH, BEAULIEU, AMES AND PATTERSON
NAYS: NONE
MOTION PASSED
5. Consider approving the purchase of seating for the Julie Rogers Theater -
Resolution 06-094
Administration recommended the purchase of auditorium seating for the Julie
Rogers Theater from Rick Lowe & Company, a distributor for American Seating
Company, in the amount of $455,391.72. The contract for seating has been
awarded by the Texas Building and Procurement Commission, Texas Multiple
Award Schedule (TXMAS) and is available to governmental entities.
The Julie Rogers Theatre was severely damaged during Hurricane Rita. As a
result, the auditorium seating was removed and discarded due to extensive water
damage. Preparations are currently underway for a complete renovation of the
building.
American Seating Company provided the original seats in 1983. They have the
auditorium's original seating layout of 1,701 chairs. They can begin production
immediately for delivery and installation in approximately sixteen (16)weeks. The
chairs will be similar in style with a plastic outer back, wood arm rests and cast iron
end panels. The vinyl backed suede fabric chosen is more durable and resistant
to spills and stains than the original fabric.
Funds for replacement of the auditorium seating will be provided by insurance
proceeds.
Councilmember Beaulieu made a motion to APPROVE RESOLUTION 06-094 THAT THE
BID SUBMITTED BY RICK LOWE & COMPANY, A DISTRIBUTOR FOR AMERICAN SEATING
COMPANY,TO PURCHASE AUDITORIUM SEATING FOR THE JULIE ROGERS THEATER IN THE
AMOUNT OF $455,391.72 BE ACCEPTED BY THE CITY OF BEAUMONT. Mayor Pro Tern
Samuel seconded the motion.
AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS
SMITH, BEAULIEU, AMES AND PATTERSON
NAYS: NONE
MOTION PASSED
6. Consider approving the purchase of radio equipment for use by the Beaumont
Police Department - Resolution 06-095
Administration recommended the purchase of radio equipment through the
Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program at a
total cost of $191,911.95, with the equipment to be ordered from Motorola.
Page 6 of 10 Minutes-March 28,2006
The purchase will allow the Beaumont Police Department to add radio equipment
which will enhance communication among first responders in the prevention and
response to any criminal activity on the waterway within its jurisdiction, and to assist
other agencies in the region. The radio equipment is being purchased in
conjunction with other law enforcement equipment to facilitate crime prevention and
emergency response in ports under an initiative by the Department of Homeland
Security.
The equipment to be purchased includes sixty-five (65) Motorola 800 MHz mobile
radios for use in police vehicles, five (5) of which are encrypted digital (scrambled
signal for non-detection), and the balance are digital mobiles, an upgrade from the
analog radios currently in use in patrol vehicles.
The purchase price will include a three (3) year full warranty on all equipment.
Warranty service will be provided by Motorola. Delivery is expected within four(4)
weeks after receipt of order.
Funding for this expenditure will be provided by a grant obtained from the
Department of Homeland Security.
Councilmember Ames made a motion to APPROVE RESOLUTION 06-095 THAT THE BID
FOR THE PURCHASE OF RADIO EQUIPMENT FOR USE BY THE BEAUMONT POLICE
DEPARTMENT,THROUGH THE HOUSTON-GALVESTON AREA COUNCIL(H-GAC)COOPERATIVE
PURCHASING PROGRAM IN THE AMOUNT OF $191,911.95 BE ACCEPTED BY THE CITY OF
BEAUMONT. Councilmember Smith seconded the motion.
AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS
SMITH, BEAULIEU,AMES AND PATTERSON
NAYS: NONE
MOTION PASSED
7. Consider approving the purchase of radio equipment for use by the Beaumont
Municipal Transit - Resolution 06-096
Administration recommended the purchase of radio equipment through the
Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program at a
total cost of$189,188.29, with the equipment to be ordered from Motorola.
The radio equipment being purchased will allow the Beaumont Municipal Transit
system to be added to the 800 MHz radio trunking system currently utilized by
Police and Fire. This will enhance communication capabilities within and between
the departments, and will allow the existing system to be expanded by one channel.
This will preclude overloading the existing system and should enhance reception
due to lower radio traffic per channel.
The purchase price will include a three (3) year full warranty on all equipment.
Warranty service will be provided by Motorola. Delivery is expected within four (4)
weeks after receipt of order.
Page 7 of 10 Minutes-March 28,2006
Funding for this expenditure will be provided in the following manner: $98,368 in a
dedicated Federal Transit Administration (FTA) grant requiring a 20% City match,
or $24,592 (available in the Transit Fund), and the balance of $66,228.29 will be
provided from remaining funds in the FTA grant utilized recently to purchase CNG
powered buses.
Mayor Pro Tem Samuel made a motion to APPROVE RESOLUTION 06-096 THAT THE BID
FOR THE PURCHASE OF RADIO EQUIPMENT FOR USE BY THE BEAUMONT MUNICIPAL
TRANSIT, THROUGH THE HOUSTON-GALVESTON AREA COUNCIL (H-GAC) COOPERATIVE
PURCHASING PROGRAM IN THE AMOUNT OF $189,188.29 BE ACCEPTED BY THE CITY OF
BEAUMONT. Councilmember Ames seconded the motion.
AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS
SMITH, BEAULIEU, AMES AND PATTERSON
NAYS: NONE
MOTION PASSED
8. Public Hearing: Receive comments on the Public Services, Emergency Shelter
Set-Aside and Public Facilities& Improvements line items of the 2006 Consolidated
Grant Program
As mandated bythe United States Departmentof Housing and Urban Development,
City Council has conducted such Public Hearings in previous years, prior to
adopting the City's Final Annual Action Plan. In addition, the Community
Development Advisory Committee(CDAC)has held five(5)meetings to discuss the
2006 Action Plan, in order to make its recommendations to City Council.
Public hearing opened at 2:30 p.m.
The following speakers and organizations presented requests on behalf of
their public service applications:
Melton YMCA
Jack Koch, 537 Long Meadow, Beaumont TX
Child Abuse Forensic Services
Brenda Garison, 810 Hospital Drive, Beaumont TX
Texas Christian Women's Job Corps
Linda Sculley, 2350 Eastex Freeway, Beaumont TX
Triangle Aids Networks
Bonnie S. Brooks, 2544 Broadway, Beaumont TX
Catholic Charities
Bonnie Loiodice, 2780 Eastex Freeway, Beaumont TX
Page 8 of 10 Minutes-March 28,2006
The following speaker represented his organization for public facility and
improvement application:
Beaumont Community Players
Jerry MacMillan, 155 W. Circuit Drive, Beaumont TX
The following speakers and organizations presented requests on behalf of
their emergency shelter set aside applications:
Family Services of Southeast Texas, Inc.
Janet Walker, 990 IH 10 N, Ste 140, Beaumont TX
Some Other Place/Henry's Place
Paula O'Neal, 590 Center Street, Beaumont TX
Watts Home
Patty Lee, 1095 Irma, Beaumont TX
Samuel Jackson, 2295 Virginia Avenue, Beaumont TX
COUNCILMEMBER COMMENTS
COUNCILMEMBER SMITH - THANKFUL FOR ALL THOSE WHO MAKE IT POSSIBLE TO
RENOVATE THE JEWELS LOCATED IN THE 2-3 BLOCK SPACE
OF DOWNTOWN BEAUMONT WHICH INCLUDE JEFFERSON
THEATRE, HOTEL BEAUMONT, TYRRELL AND JULIE
ROGERS; FEELS THAT WE ARE BLESSED TO HAVE THESE IN
A CITY OF OUR SIZE
COUNCILMEMBER BEAULIEU - AGREED COMPLETELY WITH COUNCILMEMBER SMITH'S
COMMENTS
COUNCILMEMBER AMES - CONGRATULATIONS TO THE RE-OPENING OF THE BETTER
BUSINESS BUREAU AND THEIR NEWLY RENOVATED FACILITY
MAYOR PRO TEM SAMUEL - THANK YOU TO CHIEF SHELDON AND ALL THOSE WHO
WORKED TO HELP GET THE RAILROAD MOVED AND TO THE
FUTURE DEVELOPMENT ALONG THE NECHES RIVER
COUNCILMEMBER PATTERSON - NONE
CITY ATTORNEY COOPER - NONE
CITY MANAGER HAYES - NONE
MAYOR GOODSON - THANKED EVERYONE HERE TODAY AND STATED THAT THE
ALLOCATION OF CDBG MONEY IS ONE OF THE HARDEST
THINGS A COUNCIL HAS TO DECIDE AND HOPEFULLY THIS
FUNDING SOURCE WILL NOT CONTINUE TO DIMINISH IN THE
FUTURE
Page 9 of 10 Minutes-March 28,2006
Public Comments (Persons are limited to three minutes)
Joe Lewis PO Box 62 Beaumont TX
Does not agree with the continued investment of money in the Julie Rogers or Jefferson
Theatre based on sentimental reasons—what is sentimental to Council is not necessarily
sentimental to the citizens of the City
Open session of meeting recessed at 3:15 p.m.
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with Section
551.071 of the Government Code:
ACM Cities' Motion to Deny Centerpoint's Request for Declaratory Relief and
Motion to Discuss Centerpoint's Petition for Review, GUD Docket No. 9630
There being no action taken in Executive Session, Council adjourned.
Audio tapes ar av ilable upo request in the City Clerk's Office.
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Guy N. Goodson, Mayor
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Rose Ann ones, TRMC
City Clerk
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Page 10 of 10 Minutes-March 28,2006