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HomeMy WebLinkAboutMIN JUL 29 2008 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr.,At-Large BECKY AMES, MAYOR Gethrel Williams-Wright,At-Large Dr.Alan B. Coleman,Ward I CITY COUNCIL MEETING Nancy Beaulieu,Ward II Audwin Samuel, Mayor Pro Tem,Ward III July 29, 2008 Jamie Smith,Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on July 29, 2008, 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 7-17/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Reverend Carol Tompkins of Westminster Presbyterian Church gave the invocation. All Veterans in the audience led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Samuel, Councilmembers Coleman, Beaulieu, Wright, Pate and Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions Presentation of contributions to Vietnam Veterans Chapter 292 - contributors: LaKesha Davis, President, AT&T Pioneers Sabine Neches Club, Eriic Harris, Area Manager for AT&T, Monica Mason, Executive Director, Hotel Beaumont and Veterans for the Veterans Memorial to be erected at Ben J. Rogers Visitors Center and dedicated on Veterans Day, November 11, 2008. Veterans Memorial Presentation - presented by: Mayor Ames; accepted by: Kerwin Stone, President of Vietnam Veterans Chapter 292 and other representatives from the Chapter Following 9-11 and the War on Terror,the City of Beaumont has proudly honored the men and women who are serving and those who have served to protect our freedoms. When the 644th Transportation Company, U. S.Army Reserve returned home from Iraq on March 11, 2005, the City had a wonderful "Welcome Home" parade in Downtown Beaumont where thousands of people lined the streets to greet them, followed by a recognition program and luncheon for them and their families. And, in past years, all branches of the military and veterans of previous wars have been honored as Parade Marshals for the Christmas Holiday Parades. The citizens of Beaumont have big hearts and generously donated funds to help make these events memorable. The donations were earmarked Minutes-July 29,2008 specifically for "military recognition". Following the payment of expenses, the balance of the donations has remained in a special account for that purpose. Once again, we have the opportunity to honor the men and women who have bravely served our country. The City of Beaumont proudly presents this check for$5,000 to The Southeast Texas Vietnam Veterans of America Chapter 292 to assist the Veterans Memorial that will be located at the Ben J. Rogers Visitors Center at Ford Park. Public Comment: Persons may speak on scheduled agenda items 7-17/Consent Agenda. Larry Wilkinson 1906 Hunt Dr. Friendswood, TX Spoke regarding Item #17 - Modular homes moratorium Conrad Cooper 11250 Forest Glen Beaumont, TX Spoke regarding Item #17 - Modular homes moratorium Mark Garcia 11085 Pine Cove Beaumont, TX Spoke regarding Item #17 - Modular homes moratorium Pete Farnie 11120 Glenbrook Beaumont, TX Spoke regarding Item #17 - Modular homes moratorium Sandra Womack 11310 Fairfield Beaumont, TX Spoke regarding Item #17 - Modular homes moratorium Becky Rivenburg P.O. Box 1215 Richmond, TX Spoke regarding Item #17 - Modular homes moratorium Ward Rivenburg 2514 Colonel Ct. Richmond, TX Spoke regarding Item #17 - Modular homes moratorium Jeanne Goudeau 11385 Fairfield Beaumont, TX Spoke regarding Item #17 - Modular homes moratorium Melinda Fortenberry 11395 Fairfield Beaumont, TX Spoke regarding Item #17 - Modular homes moratorium L. D. Bellard 11055 Glenwood Beaumont, TX Spoke regarding Item #17 - Modular homes moratorium Page 2 of 19 Minutes-July 29,2008 CONSENT AGENDA Approval of minutes - July 15, 2008 Confirmation of committee appointments - Resolution 08 -208 Barry Miller would be reappointed to the Convention and Tourism Advisory Board. The current term would expire June 17, 2010. (Mayor Becky Ames) Mary Jowers would be reappointed to the Board of Adjustment (Zoning) Committee. The current term would expire July 22, 2010. (Mayor Becky Ames) Bob Harris would be reappointed to the Board of Adjustment (Zoning) Committee. The current term would expire July 22, 2010. (Mayor Becky Ames) Kelli Maness would be reappointed to the Board of Adjustment (Zoning) Committee. The current term would expire June 21, 2010. (Mayor Becky Ames) Kip Lamb would be reappointed to the Animal Health Advisory Committee. The current term would expire June 12, 2010. (Mayor Becky Ames) Pauline Mouton would be reappointed to the Martin Luther King, Jr. Parkway Commission. The current term would expire February 2, 2010. (Mayor Becky Ames) Bill Yoes would be reappointed as Chairman of the Historic Landmark Commission. The current term would expire July 23, 2009. (Mayor Becky Ames) A) Authorize the purchase of an expanded radio communications system from Motorola through the Houston-Galveston Area Council (HGAC) - Resolution 08 -209 B) Authorize the acceptance of a sanitary sewer easement on property located at 7310 State Highway 105 - Resolution 08 -210 C) Authorize the acquisition of property in the Van Wormer Addition for the Downtown Event Center and Lake Park - Resolution 08 - 211 D) Approve a resolution accepting maintenance of the street,storm sewer,water and sanitary sewer improvements in the Windemere Business Park - Resolution 08 - 212 E) Authorize eminent domain proceedings to acquire propertyfor public use-Resolution 08- 213 F) Authorize the settlement of the lawsuit of Scott Lisenby, et al v. The City of Beaumont, et al - Resolution 08 -214 G) Authorize the settlement of the claim of Geraldine Tevis - Resolution 08 - 215 Councilmember Beaulieu made a motion to approve the Consent Agenda. Councilmember Smith seconded the motion. Page 3 of 19 Minutes-July 29,2008 AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a request for a general land use plan in a PUD (Planned Unit Development) District and a specific use permit to allow multi-family residential and general retail and professional office uses on property located on the south side of Fannett at Stivers. Administration recommended approval of a request for a general land use plan in a PUD (Planned Unit Development) District and a specific use permit to allow multi-family residential and general retail and professional office uses on property located on the south side of Fannett at Stivers. Leonard Kirtman of Global Ventures, Inc. has applied for the general land use plan and specific use permit. Mr. Kirtman states that the 264 acre tract will be developed with single family residential, a senior community, apartments, retail and office uses. This property fronts Fannett Road for a distance of 1,100 feet. Retail, office and a possible supermarket are planned for this area. As projected, the initial phase will consist of the construction of 300 apartment units over a two year time period. At a Joint Public Hearing held July 21, 2008, the Planning Commission recommended approval 6:0 of a request for a general land use plan in a PUD(Planned Unit Development) District and a specific use permit to allow multi-family residential and general retail and professional office uses on property located on the south side of Fannett at Stivers. Councilmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW MULTI-FAMILY RESIDENTIAL AND GENERAL RETAIL AND PROFESSIONAL OFFICE USES IN A PUD(PLANNED UNIT DEVELOPMENT)DISTRICT LOCATED ON THE SOUTH SIDE OF FANNETT ROAD AT STIVERS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 057 Page 4 of 19 Minutes-July 29,2008 2. Consider a request for a specific use permit to allow an eating place and general office use in an RCR (Residential Conservation and Revitalization) District at 2306 Hazel. Administration recommended approval of a request for a specific use permit to allow an eating place and general office use in an RCR(Residential Conservation and Revitalization) District at 2306 Hazel. Patricia LeDe has applied for the specific use permit. Ms. LeDe states that she intends to restore and remodel the building that, for many years, was Brad's Place Restaurant. The building suffered damage from Hurricane Rita and has been vacant since. At a Joint Public Hearing held July 21, 2008, the Planning Commission recommended approval 6:0 for a specific use permit to allow an eating place and general office use in an RCR (Residential Conservation and Revitalization) District at 2306 Hazel. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN EATING PLACE AND GENERAL OFFICE USE IN AN RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION)DISTRICT LOCATED AT2306 HAZEL IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 058 3. Consider a request for a specific use permit to allow a warehouse in a GC-MD (General Commercial-Multiple Family Dwelling) District at 2990 Laurel. Administration recommended approval of a request for a specific use permit to allow a warehouse in a GC-MD (General Commercial-Multiple Family Dwelling) District at 2990 Laurel. Harry Kilgore has applied for the specific use permit. The proposed warehouse is to be located in an existing 15,000 sq. ft. commercial building. Mr. Kilgore states that the building will consist of approximately 14,000 sq. ft. of warehouse space and approximately 1,000 sq. ft. of office space. The building was last used as a day care center. However, the building has been vacant for several years. At a Joint Public Hearing held July 21, 2008, the Planning Commission recommended approval 6:0 for a specific use permit to allow a warehouse in a GC-MD (General Commercial-Multiple Family Dwelling) District at 2990 Laurel. Page 5 of 1'9 Minutes-July 29,2008 Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A WAREHOUSE IN A GC-MD(GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 2990 LAUREL IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 059 4. Consider a request fora specific use permit to allow a boarding house in a GC-MD (General Commercial-Multiple Family Dwelling) District at 10295 Eastex Freeway. Administration recommended denial of a request for a specific use permit to allow a boarding house in a GC-MD (General Commercial-Multiple Family Dwelling) District at 10295 Eastex Freeway. Debbie Bonin, for Hattie's House, has applied for the specific use permit. The subject property is the former location of Girls Haven. Ms. Bonin states that the building will provide housing for individuals with a very low income,who are homeless,those with a mental illness, as well as those who simply do not want to live alone anymore. Hattie's House will be renting the property from Triumph Church, which is immediately to the south. Activity will be restricted to the structure and a minimal outdoor area. At a Joint Public Hearing held July 21, 2008, the Planning Commission voted 3:3 for a specific use permit to allow a boarding house in a GC-MD (General Commercial-Multiple Family Dwelling) District at 10295 Eastex Freeway subject to the following condition: • Provide a 6'tall wood screening fence around the rear yard of the house. The west line of the fence shall be a minimum of 25'from the rear of the house and the north and south lines of the fence shall tie in with the corners of the house. Councilmember Coleman made a motion to DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BOARDING HOUSE IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED AT 10295 EASTEX FREEWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, WRIGHT, PATE AND SMITH NAYS: MAYOR PRO TEM SAMUEL AND COUNCILMEMBER BEAULIEU MOTION PASSED Page 6 of 19 Minutes-July 29,2008 5. Consider a request for a specific use permit to allow a drinking place in the CBD (Central Business District) at 268 Pearl Street. Administration recommended denial of a request fora specific use permit to allow a drinking place in the CBD (Central Business District) at 268 Pearl Street. Brian Austin has applied for the specific use permit. Mr. Austin states that the property will be used as a night club that will generate revenue through the sale of alcoholic and non-alcoholic beverages during general business hours of 4 p.m. to 2 a.m. Monday through Saturday. The approximate occupancy of the facility will be 250 to 300 customers. At a Joint Public Hearing held July 21, 2008, the Planning Commission recommended denial 6:0 for a specific use permit to allow a drinking place in the CBD (Central Business District) at 268 Pearl Street. Councilmember Beaulieu made a motion to DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BUSINESS SELLING ALCOHOLIC BEVERAGES IN THE CBD(CENTRAL BUSINESS DISTRICT) FOR PROPERTY LOCATED AT 268 PEARL STREET IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED 6. Consider a request for an amended specific use permit to allow a drinking place in a GC- MD (General Commercial-Multiple Family Dwelling) District at 4345 Eastex Freeway. Administration recommended denial of a request for an amended specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4345 Eastex Freeway. Gradey Caldwell has applied for the amended specific use permit. Mr. Caldwell states that the building will be used for banquet hall rental with alcoholic sales. At a Joint Public Hearing held June 16, 2008, the Planning Commission recommended denial 4:3 of an amended specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4345 Eastex Freeway. The "20% Rule" Section 30-40. D. of the Zoning Ordinance states the following: Protest: The City Council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a Specific Use Permit where a protest Page 7 of 19 Minutes-July 29,2008 against such change, signed by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by the favorable vote of three-fourths (3/4) of all the members of the City Council. 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. On File 1949-P, a protest of 25.5% was received, therefore invoking the Rule on this case. Councilmember Coleman made a motion to DENYAN ORDINANCE ENTITLEDAN ORDINANCE AMENDING ORDINANCE 06-020 TO ALLOW A BANQUET HALL RENTAL BUSINESS WITH ALCOHOLIC BEVERAGE SALES IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 4345 EASTER FREEWAY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Beaulieu seconded the motion. AYES: MAYORAMES,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED 7. Consider a request to abandon a portion of Stone Oak Drive. Administration recommended approval of the request to abandon a portion of Stone Oak Drive. Gordon George, owner of Adam Shea, Ltd., has applied for the abandonment. Mr. George is selling 18.17 acres of land to the west of the end of Stone Oak Drive. The purchaser needs unencumbered access to the property. Abandoning this 0.14 acre of right-of-way gives the purchaser his desired access. At a Regular Meeting held July 21, 2008, the Planning Commission recommended approval 6:0 to abandon a portion of Stone Oak Drive. Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ABANDONING AN 0.14 ACRE PORTION OF STONE OAK DRIVE BORDERING THE NORTHERNMOST PROPERTY LINE OF LOT 10, STONE OAK INDUSTRIAL PARK, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, PATE AND SMITH NAYS: NONE Page 8 of 19 Minutes-July 29,2008 MOTION PASSED Ordinance 08 - 060 8. Consider a request by ExxonMobil for the disannexation of approximately seven acres of property. Administration recommended approval of a request fora disannexation of propertyfrom the City of Beaumont. ExxonMobil has applied for the disannexation of property. ExxonMobil states that this disannexation will complete the work referenced in the 2002 Agreement between the City and ExxonMobil. In combination with ExxonMobil's 2003 disannexation, this request will enable the company to create a secure perimeter at Sycamore and Carroll Streets. The proposed method of disannexation by ordinance, as outlined in the City's charter, allows for the alteration of boundary limits, provided that such an ordinance is introduced to City Council, published in a daily newspaper and then acted upon at least thirty(30)days later. Therefore, final consideration would be submitted to the Council once all notifications have been complied with. At a Joint Public Hearing held June 16, 2008,the Planning Commission recommended approval 6:0:1 of a request for a disannexation of property from the City of Beaumont. Mayor Pro Tern Samuel made a motion to ADOPTAN ORDINANCE ENTITLED AN ORDINANCE DISANNEXING EIGHT(8)TRACTS OF LAND TOTALING APPROXIMATELY 5.174 ACRES OUT FO THE DAVID BROWN LEAGUE, ABSTRACT 5, FROM THE CORPORATE LIMITS OF THE CITY OF BEAUMONT, TEXAS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Smith seconded the motion. AYES: MAYORAMES,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 061 9. Consider a request to abandon portions of Fulton Avenue, Burt Street, Tagore Street, Grove Street, Grant Street, Buford Street, Jamison Street and the alley in Block 4, Oakwood Subdivision. Item #9 was deferred by Council. 10. Consider amending the boundaries of Neighborhood Empowerment Zone Number Two. Page 9 of 19 Minutes-July 29,2008 Administration recommended amending the boundaries of Neighborhood Empowerment Zone Number Two. In an effort to encourage economic development in areas of the city with higher concentrations of low to moderate income families and limited redevelopment, Neighborhood Empowerment Zones were recently created within the city. These zones offer incentives to attract redevelopment to these areas. Combined with the focused use of CDBG dollars within these zones, these economic incentives should leverage additional private investment within these areas. Proposed in an amendment to Neighborhood Empowerment Zone Number Two to include an area of undeveloped land along Washington Boulevard. Revenues from waived fees and liens and abated ad-valorem taxes would be forgone, but the long-term economic impact associated with new development should positively affect future budgets. Councilmember Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 08-015 TO REVISE THE BOUNDARIES OF NEIGHBORHOOD EMPOWERMENT ZONE#2 TO INCLUDE AN AREA OF UNDEVELOPED LAND ALONG WASHINGTON BOULEVARD. Councilmember Pate seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 062 11. Consider approving a contract for improvements to Alice Keith Park. Administration recommended the award of a bid to G&G Enterprises of Orange,Texas in the amount of$1,302,690. Bids were received on Thursday, July 10, 2008 for improvements to Alice Keith Park. These improvements include a community center, landscaping, restroom facility, playground, a parking lot with area lighting and a police substation. The improvements were designed by The Labiche Architectural Group of Beaumont. In keeping with the architectural integrity of the existing brick building located on Highland Avenue and the City's commitment to preserve existing structures, the new community center was designed to compliment the existing building's architecture. The playground equipment will be purchased separately and is not included in this contract. Alternate No. 1 includes the restoration of the original Alice Keith Pool entrance that was retained after the above ground pool was demolished. The renovation of the entrance includes cleaning and painting the structure, adding a concrete plaza and landscaping. Page 10 of 19 Minutes-July 29,2008 It is recommended that the Base Bid and Alternate Bid #1 be accepted. G & G Enterprises is the low bidder for the project including Alternate No. 1. The base bid and Alternate No. 1 total $1,302,690. G & G plans to subcontract 13% of the contract to certified MBE's and State certified HUB vendors. Scheduled completion time is 210 days. The existing community center on the corner of Reed Street and Lavaca will remain in service until the new community center is completed. Upon completion, the City will proceed with the demolition of the structure. Funds for this project are budgeted in the Capital Program. Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE BID IN THE AMOUNT OF $1,302,690 SUBMITTED BY G & G ENTERPRISES OF ORANGE, TEXAS, FOR A CONTRACT FOR IMPROVEMENTS TO ALICE KEITH PARK BE ACCEPTED BY THE CITY OF BEAUMONT. Mayor Pro Tern Samuel seconded the motion. AYES: MAYORAMES,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 -216 12. Consider approving a contract for sidewalk and lighting improvements in the downtown block bounded by Park, Fannin, Neches and Bowie Streets. Administration recommended awarding the contract to Norman Highway Constructors, Inc. in the amount of$568,047.02. On July 10, 2008, the City of Beaumont received two (2) bids for the Downtown Brick Paved Sidewalks Construction Project. The lowest bid was submitted by Norman Highway Constructors, Inc. in the amount of$568,047.02. The MBE goal will be met though subcontracting with MBE firms of Crabtree Barricade Systems, American Remediation and Labellco in the amount of $114,000.00 representing 20.0% of the contract amount. Funds are available through the Capital Program. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE BID IN THE AMOUNT OF$568,047.02 SUBMITTED BY NORMAN HIGHWAY CONSTRUCTORS, INC. FOR THE BRICK PAVED SIDEWALKS PROJECT BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Pate seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, PATE AND SMITH Page 11 of 19 Minutes-July 29,2008 NAYS: NONE MOTION PASSED Resolution 08 - 217 13. Consider approving Change Order No. 1 for the Rolfe Christopher Pavement Improvement Project. Administration recommended approval of Change Order No. 1 in the amount of $195,277.93 which is required to add an outfall structure and increase water and waste water system improvements to the Project. On December 11, 2007, City Council awarded Allco, LTD the contract for the Project in the amount of$5,495,820.65. Change Order No. 1 is required to add a storm sewer ouftall structure, fire hydrants, new water mains, gate valves and fittings, sanitary sewer manholes and also increase quantities for water and waste water mains improvement to the contract. This change order in the amount of$195,277.93 will increase the contract amount to$5,691,098.58. Funds are available in the Capital Program. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1 IN THE AMOUNT OF$195,277.93 THEREBY INCREASING THE CONTRACT AMOUNT TO$5,691,098.58 FOR THE ROLFE CHRISTOPHER PAVEMENT IMPROVEMENT PROJECT(SPUR 380-EAST VIRGINIA STREET, TO HWY 69 S FEEDER ROAD). Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 218 14. Consider approving the purchase of a pavilion for use at the C.A. "Pete" Shelton Memorial Plaza. Administration recommended the purchase and installation of a 30 ft. x 40 ft. Bandstand Pavilion at the C. A. "Pete" Shelton Memorial Plaza from Kraftsman Playground & Park Equipment of Spring, Texas through the BuyBoard contract in the amount of$122,323.85. Delivery of the pavilion will be in approximately ten (10) weeks after receipt of order. Page 12 of 19 Minutes-July 29,2008 The Capital Reserve Fund and the Hotel Occupancy Tax Fund will each provide $50,000 for this project. The Fire Museum of Texas will provide the balance in the amount of$22,323.85. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE AND INSTALLATION OF A 30'x 40' BANDSTAND PAVILION AT THE C.A."PETE"SHELTON MEMORIAL PLAZA FROM KRAFTSMAN PLAYGROUND& PARK EQUIPMENT OF SPRING, TEXAS, IN THE AMOUN OF $122,323.85 THROUGH THE TEXAS ASSOCIATION OF SCHOOL BOARDS(TASB)BUYBOARD COOPERATIVE PURCHASING PROGRAM. Councilmember Wright seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 -219 15. Consider approving a new solid waste collection and transportation service franchise. Second Reading Administration recommended granting a solid waste collection and transportation service franchise to Mr. Garbage, LLC. According to City Ordinance 28-22.1, no person shall engage in the business of collecting, hauling ortransporting, in the city, any garbage,waste or refuse,withoutfirst having obtained a franchise from the City. Four(4)entities currently have nonexclusive franchise agreements with the City and are doing business in this area. Mr. Garbage, LLC has requested that the City Council grant the company such franchise agreement. Mr. Garbage is locally owned and operated with its corporate office located at 4745 Fannett Road in Beaumont. The requested franchise is generally the same as those previously approved by City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. According to City Charter, 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 reading. After passage, the ordinance must be published for four(4) consecutive weeks in a newspaper of general circulation in the city. All publication costs are paid by franchisee. The first reading of this item took place at the June 24, 2008 council meeting A franchise fee of seven percent (7%) of gross receipts is paid into the General Fund. Page 13 of 19 Minutes-July 29,2008 Councilmember Wright made a motion to ADOPTAN ORDINANCE ENTITLEDAN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO MR. GARBAGE, LLC. Councilmember Smith seconded the motion. AYES: MAYORAMES,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 053 16. Consider authorizing the City Manager to execute an Industrial District Contract with ExxonMobil Oil Corporation. Administration recommended approval of a resolution authorizing the City Manager to execute an Industrial District Contract with ExxonMobil Oil Corporation. Industrial District Contracts enable the City to collect payments in lieu of taxes from industries located outside the city limits. The City currently has a contract with ExxonMobil Oil Corporation that will expire December 31, 2008. The new contract with ExxonMobil will be effective January 1, 2009. The 2009 payment by ExxonMobil will be based on 77.5%of the assessed value multiplied by the tax rate effective on October 1, 2008 or $11,500,000, whichever is less. The 2009 payment will be approximately $1.8 million more than the 2008 payment. The FY 2009 budget is currently being prepared and the remaining industrial contracts are being completed. Industrial payments received in FY 2008 amounted to $13,177,553 and are 13.2% of General Fund revenues. ExxonMobil's total FY 2008 payment of$9,689,515 is 73% of the industrial revenue received in FY 2008. Mayor Pro Tern Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DISTRICT CONTRACT WITH EXXONMOBIL OIL CORPORATION EFFECTIVE JANUARY 1, 2009. Councilmember Coleman seconded the motion. AYES: MAYORAMES,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 220 Page 14 of 19 Minutes-July 29,2008 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. WORKSESSION • Review and discuss issues related to Industrialized(Modular)Housing within the city limits of Beaumont. Chris Boone, Community Development Director, stated that recently, permits were issued for two industrialized(modular)homes on Fairfield Street. Industrialized housing (modular homes) are not manufactured or mobile homes, but are factory built homes inspected and approved by the Texas Department of Licensing and Regulation and assembled at the building site. As a result of neighborhood opposition to this type of construction, the City is in the process of reviewing options for regulating such construction. Until recently, regulation of industrialized housing was prohibited by the State. However, Section 1202.253 of the Texas Occupations Code now allows cities to regulate modular housing in the following ways: • have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for each county in which the property is located; • have exterior siding, roofing, roofing pitch, foundation, fascia and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located; • comply with municipal aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage and other site requirements applicable to single-family dwellings; or • be securely fixed to a permanent foundation. The Administration is seeking a sixty (60) day moratorium to allow time to consider adoption of these restrictions. However, it should be made clear that even if these restrictions are adopted, they probably will not prevent further modular housing in the Pine Island Bayou Estates neighborhood, as most, if not all, of these restrictions could be met. 17. Consider approving a moratorium on the issuance of permits forthe construction of any industrialized (modular) homes within the city limits of Beaumont for a period of sixty (60) days. Administration recommended approval of a moratorium on the issuance of permits for the construction of industrialized (modular) homes for sixty (60) days. Page 15 of 19 Minutes-July 29,2008 Recognizing that industrialized(modular)housing is significantly different from site-built homes and recognizing that the State of Texas allows some degree of regulation of such structures,the Administration,Planning Commission and City Council will consider regulation of such housing within the next sixty (60) days. Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE DECLARING A SIXTY (60) DAY MORATORIUM ON THE ISSUANCE OF PERMITS FOR THE CONSTRUCTION AND/OR ERECTION OF ANY INDUSTRIALIZED (MODULAR) SINGLE-FAMILY OR AND/OR TWO-FAMILY DWELLINGS WITHIN THE CITY LIMITS OF BEAUMONT,JEFFERSON COUNTY, TEXAS. Councilmember Coleman seconded the motion. AYES: MAYORAMES,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 063 COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - COMMENTED THAT IT'S GREAT TO LIVE IN A COUNTRY WHERE WE CAN HAVE DIFFERENCES OF OPINION, COMMENDED THE NEIGHBORHOOD MEMBERS THAT SPOKE REGARDING THEIR OPINIONS ON THE BOARDING HOUSE AND PROTECTING THE INTEGRITY OF THEIR NEIGHBORHOOD, ENCOURAGED THE RIVENBURGS TO CONTINUE THEIR DIALOGUE AND APPLAUDED THEM FOR SPEAKING AT THE COUNCIL AND NEIGHBORHOOD MEETINGS,ENCOURAGED CITIZENS TO MAKE DONATIONS TO THE VETERANS MEMORIAL MONUMENT, CONGRATULATED JAY BRUCE,WESTBROOK GRADUATE AND PLAYER FOR THE CINCINNATI REDS, ON HIS RECENT PERFORMANCE IN THE GAME ON MONDAY NIGHT COUNCILMEMBER BEAULIEU- CONGRATULATED THE ORGANIZATIONS RAISING MONEY FOR THE VETERANS MEMORIAL, PROUD THAT DESPITE DIFFERENCES THAT EVERYONE CAN GET BEHIND OUR VETERANS, COMMENTED ON RESEARCH BY INDIANA UNIVERSITY SHOWING HEART ATTACK REDUCTIONS IN NON-SMOKERS DUE TO BANNING SMOKING IN PUBLIC PLACES, AGREED WITH COUNCILMEMBER COLEMAN THAT IT'S GREAT TO BE ABLE TO LIVE IN A COUNTRY AND HAVE DIFFERENT OPINIONS BUT ALL ARE RESPECTED COUNCILMEMBER WRIGHT- THANKED THE CONTRIBUTORS TO THE VIETNAM VETERANS CHAPTER 292, ENCOURAGED CITIZENS TO Page 16 of'19 Minutes-July 29,2008 CONTRIBUTE TO THE VETERANS MEMORIAL, INFORMED THE PUBLIC THAT THE VETERANS HAVE DETERMINED THE LOCATION OF THE MEMORIAL AND THAT ANY CONCERN NEEDS TO BE ADDRESSED WITH THE VARIOUS VETERANS ASSOCIATIONS,THANKED ALL THE CITIZENS FOR CARING ABOUT THE COMMUNITIES THEY LIVE IN AND THAT COUNCIL RESPECTS THEIR OPINIONS COUNCILMEMBER PATE - FURTHER ELABORATED ON THE PRAISE GIVEN TO THE VARIOUS NEIGHBORHOOD ASSOCIATIONS FOR THEIR INVOLVEMENT, THANKED THE CITIZENS IN THE PINE ISLAND NEIGHBORHOOD FOR TAKING THE TIME TO MEET WITH COUNCIL ABOUT THEIR CONCERNS REGARDING THE MODULAR HOMES, ALSO THANKED THE RISENBURG'S FOR ATTENDING AND SPEAKING AT THE MEETING, THANKED THE CONTRIBUTORS TO THE VETERANS MEMORIAL AND EVERYONE THAT PUTS ON A UNIFORM, EXCITED ABOUT THE EVENTS GOING ON WITH THE PORT OF BEAUMONT,ASKED THAT CITIZENS SHARE THEIR THOUGHTS WITH COUNCIL MAYOR PRO TEM SAMUEL- COMMENTED ON HIS TRIP LAST WEEK TO ATLANTA FOR AN INTENSE MEETING INVOLVING CORE CITY ISSUES, PROUD THAT BEAUMONT IS NOT EXPERIENCING MANY OF THE ISSUES THAT OTHER CITIES ARE EXPERIENCING ACROSS THE COUNTRY,APPRECIATES THE EFFORTS OF CITY STAFF FOR BEING SO PROGRESSIVE AND PRAISED THE CITY MANAGER FOR THINKING"OUTSIDE THE BOX", HAPPY TO SAY THAT BEAUMONT IS HIS HOME, EXCITED ABOUT THE YOUTH INTERVENTION AND PREVENTION EFFORTS GOING ON IN THE COUNTRY, PAIRING SENIORS WITH"AT RISK"YOUTH IN THE SCHOOLS, ENCOURAGED SENIOR CITIZENS TO VOLUNTEER IN THE UPCOMING JOINT VENTURE WITH BISD COUNCILMEMBER SMITH - AGREED WITH FELLOW COUNCILMEMBERS ON THE VETERANS MEMORIAL BEINGAN OUTSTANDING TRIBUTE TO THE VETERANS,ANNOUNCED THAT THE SOUTH PARK NEIGHBORHOOD ASSOCIATION WILL MEET THURSDAY, JULY 31,2008,COMMENTED ON THE ALICE KEITH PARK RENOVATIONS AND THE NEW POLICE SUBSTATION, AND THAT THERE WILL BE A SCHOOL SUPPLY DRIVE ON SATURDAY, AUGUST 16, 2008 AT STERLING PRUITT FROM 11:00 AM TO 3:00 PM,ENCOURAGED CITIZENS TO DONATE OR VOLUNTEER FOR THE DRIVE, ENJOYED THE TRIP TO ATLANTA AND NETWORKING WITH OTHER COUNCILMEMBERS FROM AROUND THE COUNTRY, SPOKE ABOUT THE MANY DOWNTOWN REVITALIZATION Page 17 of 19 Minutes-July 29,2008 PLANS IN OTHER CITIES WITH WATER BEING A FOCAL POINT,ASKED THAT OTHER AREAS NOT BE FORGOTTEN ABOUT CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR AMES- SPOKE REGARDING THE HOTEL BEAUMONT FUNDRAISER FOR THE VETERANS AND ALSO THANKED AT&T PIONEERS FOR THEIR CONTRIBUTION, COMMENTED ON THE MANY CALLS SHE HAS RECEIVED FROM VETERANS ABOUT HAVING AN ALL INCLUSIVE MEMORIAL FOR VETERANS, HAPPY THAT THROUGH DONATIONS FROM CITIZENS THAT THE CITY OF BEAUMONT WAS ABLE TO GIVE TO THE VETERANS MEMORIAL PROJECT, MENTIONED THE CELEBRATION AT THE PORT OF BEAUMONT WHERE THE AGREEMENT WAS SIGNED TO HAVE THE RAILROAD TRACKS RELOCATED,COMMENDED THE PORT COMMISSIONERS FOR THEIR DILIGENCE IN REGARDS TO THE TRACK RELOCATION PROGRAM,HOPES THAT THIS WILL SPUR MORE ECONOMIC DEVELOPMENT IN THE DOWNTOWN AREA, FEELS FORTUNATE THAT BEAUMONT IS NOT HAVING THE FORECLOSURE PROBLEMS THAT OTHER AREAS ARE HAVING THROUGHOUT THE UNITED STATES AND THAT THERE IS A NATURAL RESOURCE IN THE NECHES RIVER TO TAKE ADVANTAGE OF, APPRECIATES ALL THE CITIZENS THAT ATTENDED COUNCIL, BELIEVES IT IS IMPORTANT THAT CITIZENS BE HEARD Public Comments (Persons are limited to three minutes) Frank Kiefer 3190 Willowood Beaumont, TX Believes that Downtown Beaumont has moved West and North and will continue to do so; doesn't agree with the idea of a water park; asked that something be done about Santa Fe Railroad trains blowing their horns;commented on the Canyon,Texas Energy Museum; asked if the City will now be responsible for maintaining Ford Park now that the City limits have been extended Louis Vaughn 9615 Mapes Beaumont, TX Spoke regarding the depths of the ditches in Pear Orchard and West Oakland Additions being in violation of City Code and that the standing water in these ditches are a health concern; commented on the debris on Fannett Road and the lack of response to these issues Page 18 of 19 Minutes-July 29,2008 Bruce Hoffer 2615 Gladys Beaumont, TX Commented on the rebuilding efforts that were done at Amelia Little League; announced that there are some registration spots still available for soccer teams; the new season begins on August 1, 2008; welcomed everyone in the community to come out to the soccer fields; announced the upcoming tournament and clinics available to be referees; asked that something be done about the potholes in the drive that were made when the hike and bike trails were developed Becky Rivenburg P.O. Box 1215 Richmond, TX Informed everyone about the quality of the modular homes that are being brought into Beaumont Larry Wilkinson 1906 Hunt Drive Friendswood, TX Representative of Oakcreek Homes, elaborated on the foundations of modular homes Greg Riley 27023 Goodnight Trail Magnolia, TX Spoke regarding the progress on the property located at 1315 Calder Ave. known as the 1895 Polk House; thanked Councilmember Pate for all of his help Gladys Johnson 3725 Acorn Circuit Beaumont, TX Expressed concerns regarding modular homes Open session of meeting recessed at 3:47 p.m. EXECUTIVE SESSION It Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Scott Lizenby, et al v. City of Beaumont, et al Keith Breiner vs. the City of Beaumont There being no action taken in Executive Session, Council adjourned. Audio available, pon request in the City Clerk's Office. e y A , Mayor Mn i& W Tina roussard, City Clerk f V � Page 19 of'19 +,0 , utes-July 29,2008 p\�lt�a�►�"