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HomeMy WebLinkAboutMIN FEB 01 2011 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr., Mayor Pro Tern BECKY AMES, MAYOR Gethrel Williams-Wright,At Large Dr.Alan B. Coleman,Ward I CITY COUNCIL MEETING Ward II Audwin Samuel,Ward III February 1, 2011 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 February 1, 2011, 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 9-15/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Reverend James Blackwell of South Park Baptist Church gave the invocation. Councilmember Wright led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Pate, Councilmembers Coleman, Wright, Samuel and Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "The 2011 Audrey Nelson Community Development Achievement Award"-This award was presented to The City of Beaumont on behalf of Jehovah Jireh Village — Phase II Project. This award represents the culmination of a national competition to identify and recognize exemplary uses of Community Development Block Grant funds which best address the needs of low-income families and neighborhoods. Felicia Young, Executive Director of Jehovah Jireh Village, went to Washington, DC, to officially accept the award. Public Comment: Persons may speak on scheduled agenda items 9-15/Consent Agenda. None CONSENT AGENDA Approval of minutes - January 25, 2010 Confirmation of committee appointments — Resolution 11 — 041 Minutes—February 1,2011 Ava Graves would be appointed to the Convention and Tourism Advisory Committee. The term would commence February 1, 2011 and expire January 31, 2013. (Councilmember Jamie D. Smith) A) Authorize the acquisition of property(5680 Concord Road)for the Concord Road Project— Resolution 11 — 042 C) Authorize the acquisition of property (5680 Concord Road) for the Concord Road Project — Resolution 11 - 044 D) Approve the purchase of a tractor-loader for use by the Parks and Recreation Department — Resolution 11 - 045 E) Approve a contract for the purchase of wastewater treatment polymer— Resolution 11 - 046 F) Approve a change order related to the ML King Jr. Parkway Waterline Extension Project— Resolution 11 - 047 G) Approve a resolution accepting maintenance of the street, storm sewer,water and sanitary sewer improvements in Regent II, Phase II Subdivision — Resolution 11 — 048 H) Authorize the acceptance of a Water Line Easement to provide water and fire protection services for Sallie Curtis Elementary School located at 6225 North Circuit Drive — Resolution 11 - 049 J) Authorize the settlement of the claim of Christy Morgan — Resolution 11 - 051 K) Authorize the settlement of the claim of Tyesha Hope — Resolution 11 - 052 Councilmember Samuel made a motion to approve the Consent Agenda with the exception of Items B and I. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED B) Authorize eminent domain proceedings to acquire properties for the Concord Road Pavement Widening Project. Councilmember Samuel made a motion to approve Item B of the Consent Agenda. Mayor Pro Tern Pate seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM PATE,COUNCILMEMBERS WRIGHT,SAMUEL AND SMITH Page 2 of 4 Mini Apra—Fahn iary 1 9011 NAYS: NONE ABSTAIN: COUNCILMEMBER COLEMAN MOTION PASSED RESOLUTION 04—043 1) Authorize the settlement of the claim of Christy Morgan. Councilmember Samuel made a motion to approve Item I of the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM PATE,COUNCILMEMBERS WRIGHT,SAMUEL AND SMITH NAYS: NONE ABSTAIN: COUNCILMEMBER COLEMAN MOTION PASSED RESOLUTION 04-051 GENERAL BUSINESS 1. Consider a request for 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 a parking lot in a GC-MD-2 District at 2980 N. 16th Street. Administration recommended approval of 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 a parking lot in a GC-MD-2 District at 2980 N. 16 Street. Bill Geyser for Coburn Supply Company has requested a zone change and a specific use permit. Mr. Geyser states that the parking lot will be used when staff meetings are held at their office at 2912 Eastex Freeway, which is across the street from the subject property. According to Mr. Geyser, these meetings are held two to three times per month. No lighting will be installed to affect the neighbors. An existing four foot chain link fence is located along the south property line and a six foot fence will remain along the east property line. Mr. Geyser states that ingress/egress to the parking lot will be provided by an existing driveway on Lightfoot and a new driveway on 16tH The applicant is requesting a modification to the landscaping/screening requirements along the south side of the subject property. He is requesting that the 4' tall chain link fence remain and that the 10' wide landscape strip not be required. Page 3 of 4 Mini Opm—FP.hn IAry 1 9n11 At a Joint Public Hearing held January 24, 2011, the Planning Commission voted 7:0 to approve 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 a parking lot in a GC-MD-2 District at 2980 N. 16th Street subject to the following conditions: An 8' tall wood screening fence and a 10' wide landscape strip will be installed along the south property line. A 6'wide landscape strip will be installed along the parking lot frontages on 16th St. and Lightfoot Mayor Pro Tern Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PARKING LOT IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT AT 2980 N 16TH STREET IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 11 — 006 Councilmember Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESDIENTIAL SINGLE FAMILY DWELLING)DISTRICT TO GC-MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 2980 N. 16TH STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 11 - 005 2. Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling- Highest Density) District)to GC-MD(General Commercial-Multiple Family Dwelling) District and a specific use permit to allow a roofing company in a GC-MD District at 4320 Eastex Freeway. Page 4 of 4 MintitP.%—Fvhnjary 1 2011 Administration recommended approval of a zone change from RM-H to GC-MD District and a specific use permit to allow a roofing company at 4320 Eastex Freeway subject to a modification to the landscaping/screening requirements along the north, east and west property lines (8'tall wood screening fence and 10'wide open space buffer along the north property line and the north 110' of the east property line and an 8' tall wood screening fence along the west property line, no 10' landscape strip). Kelley Bankston has requested a zone change and specific use permit. Currently, the front portion of the property is zoned GC-MD and the rear 110 feet of the property is zoned RM-H. The property is developed with a commercial building and was previously used by a tractor sales company. The building is currently vacant. The applicant would like to clear up the zoning boundary issue and get the specific use permit to allow the roofing company. At a Joint Public Hearing held January 24, 2011, the Planning Commission voted 7:0 to approve a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District and a specific use permit to allow a roofing company in a GC-MD District at 4320 Eastex Freeway subject to a modification to the landscaping/screening requirements along the north, east and west property lines (8'tall wood screening fence and 10'wide open space buffer along the north property line and the north 110' of the east property line and an 8' tall wood screening fence along the west property line, no 10' landscape strip). Mayor Pro Tern Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUDARIES OF THE ZONING DISTRCTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS,BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTTPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 4320 EASTEX FREEWAY, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 11 - 007 Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A ROOFING COMPANY IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 4320 EASTEX FREEWAY IN THE CITY OF BEAUMONT,JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH Page 5 of 4 Minutes-Date NAYS: NONE MOTION PASSED Ordinance 11 — 008 3. Consider a request for a zone change from LI (Light Industrial) District to GC-MD (General Commercial-Multiple Family Dwelling) District for the property located approximately 280' south of the southeast corner of the intersection of Terrell and Avenue F Administration recommended approval of a zone change from LI (Light Industrial) District to GC-MD (General Commercial-Multiple Family Dwelling) District for the property located approximately 280' south of the southeast corner of the intersection of Terrell and Avenue F. Michael Alfred has requested a zone change. Mr.Alfred owns the Garden of Gethsemane Nursery across Washington Boulevard and the Washington Boulevard frontage immediately south of the subject property. It is his desire to construct a self-service laundry and convenience store on the property. At a Joint Public Hearing held January 24, 2011, the Planning Commission voted 7:0 to approve a zone change from LI (Light Industrial) District to GC-MD (General Commercial- Multiple Family Dwelling) District for the property located approximately 280' south of the southeast corner of the intersection of Terrell and Avenue F. R Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED LI (LIGHT INDUSTRIAL) DISTRICT TO GC-MD (GENERAL COMMERCIAL—MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED APPROXIMATELY 280' SOUTH OF THE SOUTHEAST CORNER OF THE INTERSECTION OF TERRELL AND AVENUE F, BEAUMONT,JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 11 - 009 4. Consider a request for a zone change from NC (Neighborhood Commercial) District to GC- MD (General Commercial-Multiple Family Dwelling) District for the property located at 7650 and 7680 Eastex Freeway. Page 6 of 4 Minutes—January 1.2011 Administration recommended approval of a zone change from NC (Neighborhood Commercial) District to GC-MD (General Commercial-Multiple Family Dwelling) District for the property at 7650 and 7680 Eastex Freeway. Jonathon Danielson, representing Morkin Companies, Inc., has requested a zone change. Mr. Danielson states that he is requesting this zone change to allow for the future expansion of his business. NC zoning only allows a structure that is 4,000 sq. ft. in area. Mr. Danielson's two lots and one other lot are zoned NC. The rest of the freeway frontage between Caswell and Concord is zoned GC-MD. The zoning request would put the zoning of the subject property in line with the remainder of the freeway frontage. At a Joint Public Hearing held January 24, 2011, the Planning Commission voted 7:0 to approve a zone change from NC (Neighborhood Commercial) District to GC-MD (General Commercial-Multiple Family Dwelling) District for the property at 7650 and 7680 Eastex Freeway. Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDIANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED NC (NEIGHBORHOOD COMMERICAL)DISTRICT TO GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED AT 7650 AND 7680 EASTEX FREEWAY,BEAUMONT,JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVDING A PENALTY. Mayor Pro Tern Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 11 — 010 5. Consider a request for an amended specific use permit to allow the demolition of a 10' tall wood screening fence along the east and south sides of the subject property as a requirement for a car wash in a GC-MD-2 (General Commercial-Multiple Family Dwelling— 2) District at 6365 Calder. Administration recommended approval of an amended specific use permit to allow the demolition of a 10' tall wood screening fence along the east and south sides of the subject property as a requirement for a car wash in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 6365 Calder. Page 7 of 4 Minutes—January 1,2011 Larry Webb has requested an amended specific use permit. In 2005, City Council approved a zone change to GC-MD-2 and a specific use permit to allow a carwash. One of the requirements of the specific use permit was that a ten foot tall wood screening fence was to be constructed along the east and south sides of the property. The original concept for the carwash was to have a combination of an automatic carwash and a 4-bay self-service carwash. The automatic carwash was all that was built. The purpose for the ten foot tall fence was to address concerns over noise. Mr. Webb states that because the self-service bays were never built, there have not been any complaints since the carwash was open. Mr. Webb says that the cost and problems of maintaining a ten foot tall fence out way the benefit. He states that the majority of the maintenance required on the fence is caused by tenants of the apartment complex backing into it, thereby weakening it and making the weight of the fence pull it down in places. Mr. Webb owns the property to the south of the car wash. At a Joint Public Hearing held January 24, 2011, the Planning Commission voted 7:0 to approve an amended specific use permit to allow the demolition of a 10' tall wood screening fence along the east and south sides of the subject property as a requirement for a car wash in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 6365 Calder subject to the following conditions: • An eight foot tall wood screening fence shall be installed along the east and south property lines of the subject property. • The car wash must comply with the City storm requirements and Watershed Protection Ordinance. • Hours of operation shall be from 7:00 a.m. - 10 p.m. Mayor Pro Tern Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ODYSSEY CARWASH TO ALLOW THE DEMOLITION OF A 10'TALLWOOD SCREENING FENCE ALONG THE EAST AND SOUTH SIDES OF PROPERTY LOCATED IN AN GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT AT 6365 CALDER AVENUE. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 11 — 011 Page 8 of 4 Minutes—January 1,2011 6. Consider a request for a specific use permit to allow for office space and parking for Nutrition and Services for Seniors in an RM-M (Residential Multiple Family Dwelling- Medium Density) District at 3840 Travis and 4590 Concord. Administration recommended approval of a specific use permit to allow for office space and parking for Nutrition and Services for Seniors in an RM-M (Residential Multiple Family Dwelling-Medium Density) District at 3840 Travis and 4590 Concord. Elaine Shellenberger, representing Nutrition and Services for Seniors, has requested a specific use permit. Several years ago, City Council approved a zone change to RM-M for the property formerly addressed as 3840 Travis. Nutrition & Services for Seniors received this zone change in anticipation of expanding its facility sometime in the future. Nutrition & Services for Seniors plans to construct a 4,440 sq. ft. office building and an additional 47 parking spaces. The building will be used to house offices for the Meals on Wheels program and dispatchers for transportation. Access to the building will be off of Concord. The exit onto Travis will be used only for fire truck access as required by code. At a Joint Public Hearing held January 24, 2011, the Planning Commission voted 6:1 to approve a specific use permit to allow for office space and parking for Nutrition & Services for Seniors in an RM-M (Residential Multiple Family Dwelling-Medium Density) District at 3840 Travis and 4590 Concord subject to the following conditions: • Construct an 8' tall wood screening fence and 10' wide landscape strip along the north and northwest property lines of the subject property. • The exit on Travis Street will be used for fire truck access only. COuncilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW FOR OFFICE SPACE AND PARKING IN A RM-M (RESDIENTIAL MULTIPLE FAMILY DWELLING-MEDIUM DENSITY) DISTRICT AT 3840 TRAVIS STREET AND 4590 CONCORD ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 11 — 012 Page 9 of 18 Minutes—February 1,2011 7. Consider a request for a specific use permit to allow a funeral home in an RCR(Residential Conservation and Revitalization) District at 1615 Park. Administration recommended approval of a specific use permit to allow a funeral home in an RCR (Residential Conservation and Revitalization) District at 1615 Park. James A. Curtis has requested a specific use permit. In 2007, City Council approved a specific use permit to allow a church at this address. The church never opened. Mr. Curtis is now wishing to operate an 80 seat funeral home on the subject property. Mr. Curtis states that in addition to the chapel, the facility will include a reception area, casket display room, preparation room, arrangement room and office space. Business hours will be from 9:00 a.m. - 5:00 p.m., Monday through Friday. On Saturday, the funeral home will be open from 9:00 a.m. - 12:00 p.m. Mr. Curtis states that hours will be extended during the week and on weekends from 6:00 p.m. - 9:00 p.m. for family visitation. Mr. Curtis is requesting a modification to the landscaping requirement along the south and east property lines. An 8' tall wood screening fence is proposed but the existing building and the proposed parking lot are too close to the property lines to install a 10' wide landscape strip. At a Joint Public Hearing held January 24, 2011, the Planning Commission voted 4:3 to approve a specific use permit to allow a funeral home in an RCR (Residential Conservation and Revitalization) District at 1615 Park subject to the following conditions: • The applicant shall provide 34 parking spaces on the subject property or within 400' of the subject property or apply for and be granted a special exception to the parking requirement by the Board of Adjustment • A 6' wide landscape strip will be required along the parking lot frontages on Park and Royal • No cremations will be conducted at this facility and with a modification to the landscaping requirement along the south and east property lines (no 10' wide landscape strip). Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FUNERAL HOME IN A RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION)DISTRICT AT 1615 PARK STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN AND SAMUEL NAYS: MAYOR AMES, COUNCILMEMBERS WRIGHT AND SMITH Page 10 of 18 Minutes—February 1,2011 MOTION FAILED 8. Consider a request for a specific use permit to allow a doctor's office in a PUD (Planned Unit Development) District at 6260 Delaware. Administration recommended approval of a specific use permit to allow a doctor's office in a PUD (Planned Unit Development) District at 6260 Delaware. Talisman Development has requested a specific use permit. The proposed doctor's office will consist of a 53'x 123', 6,519 sq. ft., one story building and related parking. The office will utilize an existing driveway and parking area that were designed as part of the Stone Manor Planned Unit Development. Stone Manor is being developed with similar buildings and uses. At a Joint Public Hearing held January 24, 2011, the Planning Commission voted 6:0:1 to approve a specific use permit to allow a doctor's office in a PUD (Planned Unit Development) District at 6260 Delaware. Councilmember Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DOCTOR'S OFFICE IN A PUD (PLANNED UNIT DEVELOPMENT) DISTRICT AT 6260 DELWARE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 11 - 013 9. Consider approving the closure of a portion of Main Street at the KCS Railroad right-of- way. Administration recommended approval of the closure. The City of Beaumont Public Works Department has requested the closure of a portion of Main Street at the KCS Railroad right-of-way. Main Street is already barricaded at the railroad. Patrick Donart, of the Public Works Department, states that the reason the City would like to permanently close Main Street is for the Port of Beaumont's rail project. By leaving the road temporarily closed, Kansas City Southern (KCS) would be required to upgrade the signals at this location. The proposed Page 11 of 18 Minutes—February 1,2011 work would cost approximately $200,000. The City would retain the right from the railroad to re-open the road at a later date provided the signals are installed at that time. At a Public Hearing held January 24, 2011, the Planning Commission voted 7:0 to approve the closure of a portion of Main Street at the KCS Railroad right-of-way. Mayor Pro Tern Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE CLOSING A PORTION OF MAIN STREET AT THE KCS RAILROAD RIGHT OF WAY IN THE CITY OF BEAUMONT,JEFFESON COUNTY, TEXAS. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 11 - 014 10. Consider the abandonment of a 337.66' unimproved portion of Avenue F. Administration recommended approval of the abandonment. Michael Alfred has requested the abandonment of a portion of Avenue F. Michael Alfred has applied for the abandonment of a 337.66' unimproved portion of Avenue F. This section of Ave. F is located adjacent to Mr. Alfred's property in the Cartwright Addition. Mr. Alfred recently enclosed a portion of his property with a fence in order to store landscaping materials. In addition to this abandonment request, Mr. Alfred has also requested that Tracts II and III be rezoned from I-I to GC-MD. It is his intention to construct a convenience store and a laundromat on part of the property. At a Public Hearing held January 24, 2011, the Planning Commission voted 7:0 to approve the abandonment of a portion of Avenue F. Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ABANDONING A PORTION OF AVENUE F IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE Page 12 of 18 Minutes—February 1,2011 MOTION PASSED Ordinance 11 — 015 Councilmember Samuel left the meeting at 2:17 p.m. 11. Consider the abandonment of a portion of Cheek Street and the remainder of Alabama Street east of University Drive. Administration recommended approval. Mark Whiteley and Associates, Inc. representing Lamar University, has requested the abandonment of a portion of Cheek Street and the remainder of Alabama Street east of University Drive. Mr. Whiteley states that the purpose of the abandonments is to allow Lamar University greater control over the boundaries and limits of their campus. The abandonments will allow for the placement of electronically actuated gates at selected locations to control entrances and exits to student areas of the campus and to provide a safer environment for student vehicles and the dormitories. At a Public Hearing held January 24, 2011, the Planning Commission voted 7:0 to approve the abandonment of a portion of Cheek Street and the remainder of Alabama Street east of University Drive, subject to the following conditions: • The entire abandoned rights-of-way shall be retained as access and utility easements. • No appurtenances shall be built within the abandoned rights-of-way. • Any gates installed across the access easements shall be approved by the City of Beaumont Fire Department. Councilmember Smith made a motion to ADOPT AN ORDINANCE ABANDONING A PORTION OF CHEEK STREET AND THE REMAINDER OF ALABAMA STREET EAST OF UNIVERSITY DRIVE IN THE CITY OF BEAUMONT,JEFFEERSON COUNTY, TEXAS. Mayor Pro Tern Pate seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM PATE,COUNCILMEMBERS COLEMAN, WRIGHT AND SMITH NAYS: NONE MOTION PASSED Ordinance 11 — 016 Page 13 of 18 Minutes—February 1,2011 12. Consider amending Ordinance 11-004 to change the Early Voting location previously selected for Ward I, and changing the Election Day polling location for Precincts 28 and 92. Administration recommended revising Ordinance 11-004 to change the previously approved Early Voting polling location for Ward I and Election Day polling location for Precincts 28 and 92. Council passed Ordinance 11-004 on January 25, 2011, to call the May 14, 2011 General Election to order. The previously approved polling location for Early Voting in Ward I was Calvary Baptist Church, 3650 Dowlen Rd., Beaumont, TX. The previously approved Election Day polling location for Precincts 28 and 92 was the First Baptist Church, 7301 Blewett Rd., Beaumont, TX. Due to these two facilities retracting their verbal commitment to the City of Beaumont, the following locations have been secured in their stead. The revised Early Voting location for Ward I will be as follows: Ward I BISD Administration Bldg. 3395 Harrison Beaumont, TX 77703 The revised Election Day polling location for Precincts 28 and 92 will be as follows: Pct. 28, 92 Jefferson County Pct. 4 Service Center 7780 Boyt Rd. Beaumont, TX 77713 Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 11-004 BY CHANGING THE EARLY VOTING LOCATION PREVIOUSLY SELECTED FOR WARD I AND BY CHANGING THE ELECTION DAY POLLING LOCATION FOR PRECINCTS 28 AND 92. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT AND SMITH NAYS: NONE MOTION PASSED Ordinance 11 — 017 Councilmember Samuel returned to the meeting at 2:20 p.m. 13. Consider approving a change order related to the Cattail Marsh Constructed Wetland Rehabilitation Project. Administration recommended recommends approval of increasing the contract with Brystar Contracting, Inc. of Beaumont for the Cattail Marsh Constructed Wetland Rehabilitation Project in the amount of$188,137.97. This increase will furnish the necessary additional 33,987 plants to vegetate several areas of the wetlands. Also included in this change order is the construction of a reinforced concrete foundation for a 60' new steel frame bridge, Page 14 of 18 Minutes—February 1.2011 including a Texas Department of Transportation (TxDOT)approved guardrail system at the discharge canal of the wetlands. The bridge will be blasted and epoxy painted. This increase in cost is also for extra work required to physically remove invasive plants that are detrimental to the growth of wetland vegetation, as well as providing additional filter fabric to stabilize the field road subgrade as soft areas are discovered. The proposed extra work will represent an increase of 1.94% and a total decrease of 23.45%to the original contract amount. The wetlands have undergone major physical, chemical, and biological changes since they were built in 1990. These changes prohibit the wetlands from meeting the design criteria and discharge limits set by the Texas Commission on Environmental Quality(TCEQ). The Water Utilities Department has negotiated and agreed upon a 4.5-year waiver with the TCEQ regarding discharge limits provided the City rehabilitates the wetlands. The waiver protects the City from fines that can be issued by the TCEQ as a penalty for permit limit excursions. The change order proposed by the City does not compromise the agreement with the TCEQ nor the integrity of the design. Funds for the project are provided by the Capital Program. Mayor Pro Tern Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 2 FOR ADDITIONAL WORK THEREBY INCREASING THE CONTRACT AMOUNT BY$188,137.97 FOR A TOTAL CONTRACT AMOUNT OF$9,869,750.25. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 11 - 053 14. Consider approving a change order related to the Waterline Installation of Large Diameter Main Bores Contract I Project. Administration recommended approval of increasing the contract with Allco, Ltd., of Beaumont for the Waterline Installation of Large Diameter Main Bores Contract I Project by the amount of $137,368.00. This cost increase is for the extra work required to deepen and lengthen Bore Location No. 1 under Hwy 90 along Keith Road to avoid an existing pipeline and other underground obstructions. This cost increase is also for the extra work needed at Bore Location No. 3 at the intersection of Keith Road and Phelan Boulevard to avoid several existing pipelines encountered during construction. These costs include additional labor, materials, equipment and trench safety shoring systems in order to complete these bores. The proposed extra work will represent an increase of 21.59% to the original contract amount. The primary goals of this project are to supply adequate fire protection to the Municipal Airport located on Keith Road and to loop the water system to provide high quality uninterrupted water service to area customers. Page 15 of 18 Minutes—February 1.2011 Funds for the project 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$137,368, THEREBY INCREASING THE CONTRACT AMOUNT TO$773,669. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 11 — 054 15. Consider approving the purchase of Work Management Software for use by the Water Utilities Department. Administration recommended approval of the purchase of the system from GBA Master Series, Inc. (gba MS), of Overland Park, Kansas, in the amount of$108,625. In April, 2010, Council approved the purchase of the gbaMS system for the Streets and Drainage and 311 Divisions. The system replaced the previous work management and inventory system at Streets and Drainage which was obsolete and did not integrate with the 311 system. Both Streets and Drainage and 311 are operating successfully on the new system. Pricing for the additional modules for the Water Department was obtained from gbaMS as the sole source for this integrated system. Features of the new system include the ability to integrate with the 311 Service Call systems to manage incoming calls, work requests, and build work orders. The system monitors the status of work orders and collects detailed history and information concerning service requests. Additional software modules to be used by the Water Utilities Department include bar coding for warehouse inventory, CCTV Import, GIS integration and Phase I of mobile computers for Water Utilities supervisors. Mayor Pro Tern Pate made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF WORK MANAGEMENT SOFTWARE FROM GBA MASTER SERVICES, INC., OF OVERLAND PARK, KANSAS, IN THE AMOUNT OF$108,625. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 11 — 055 Page 16 of 18 Minutes—February 1.2011 WORKSESSION • Review and discuss the process related to issuing municipal debt - Postponed Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - COMMENTED ON THE ORDINANCE THAT WAS PASSED IN REGARDS TO THE OFFICE SPACE FOR THE NUTRITION AND SERVICES FOR SENIORS, STATED HOW THEY HAVE GROWN AND IN TEN YEARS THEY HAVE HAD A 484% INCREASE IN THEIR SERVICES TO THE SENIORS IN THE AREA, SERVED OVER 320,000 MEALS ON LAST YEAR,AND PROVIDED OVER 37,000 RIDES TO THE DOCTOR'S OFFICE ETC.,ENCOURAGED ANYONE THAT WAS INTERESTED IN VOLUNTEERING THEIR SERVICES TO CALL 892-4455 COUNCILMEMBER WRIGHT - NONE MAYOR PRO TEM PATE - COMMENTED ON THE RIBBON CUTTING CEREMONY ON MONDAY FOR THE DAUPHIN CANCER SCREENING AND PREVENTION CENTER,THANKFUL FOR THE LEVEL OF HEALTH CARE SERVICES THAT ARE OFFERED IN THIS AREA COUNCILMEMBER SAMUEL- THANKED THE MAYOR FOR WORKING WITH THE AUDIT COMMITTEE,THANKED THE CITY MANAGER,LAURA CLARK, TODD SIMONEAUX AND STAFF FOR ALL OF THEIR HARD WORK, ASKED CITIZENS TO BE AWARE OF THE WEATHER THAT IS HEADED OUR WAY, REMEMBER TO BRING IN THE PETS COUNCILMEMBER SMITH - CONGRATULATED JEHOVAH JIREH VILLAGE FOR DOING SUCH AN OUTSTANDING JOB AND BEING A TREMENDOUS ASSET TO THE CITY OF BEAUMONT AND ESPECIALLY TO WARD IV CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR AMES - CONGRATULATED JEHOVAH JIREH VILLAGE, GLAD TO BE PARTNERS WITH SUCH A PROFESSIONAL ORGANIZATION THAT PROVIDES A GREAT SERVICE TO THE CITIZENS, ALSO COMMENTED ON THE AUDIT AND THE GREAT SURPLUS THAT THE CITY HAS, ASKED THAT THE CITY CONTINUE IN THAT SAME MODE Page 17 of 18 Minutes—February 1.2011 Public Comments (Persons are limited to three minutes) Deborah Jefferson 1399 Threadneedle Beaumont TX Commented on Washington Blvd. and the asphalt overlay, spoke with the City Manager and explained that the street was to be repaired with concrete and that has not happened, this was a promise made since David Moore was Mayor, understands that the asphalt overlay will help for a short time, the South Park residents would like for the Council to be honest with them, will they get anything other than asphalt overlay and, if so, when Open session of meeting recessed at 2:15 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Potential Grievance of Firefighter James Williams. There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. &e 'W r xk� Becky Am 6l, Mayor 114 A � w Tina Broussard, City Clerk Page 18 of 18 Minutes—February 1.2011