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Home My WebLink AboutMIN DECEMBER 2 2003 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith EVELYN M. LORD, MAYOR Nancy Beaulieu Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames, Mayor Pro Tern Bobbie J. Patterson December 2,2003 Audwin Samuel Lane Nichols, City Attorney Kyle Hayes, City Manager The City Council of the City of Beaumont, Texas, met in a regular session on December 2,2003, 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 Consent Agenda Mayor Evelyn Lord called the meeting to order at 1:30 p.m. Reverend Douglas Rathgeber, of St. John Lutheran Church gave the invocation. Councilmember Samuel led the Pledge of Allegiance. Roll call was made by Betty Braxton, City Clerk's Office. Present at the meeting were Mayor Lord, Mayor Pro Tern Ames, Councilmembers Smith, Beaulieu, Cokinos, Samuel and Patterson. Also present were Kyle Hayes, City Manager; Lane Nichols City Attorney; Betty Braxton, City Clerk's Office. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled General Business Agenda Item 2 or on the Consent Agenda. None CONSENT AGENDA Approval of minutes - Minutes of November 25, 2003 Confirmation of committee appointments None A) Approve the settlement of a lawsuit - Resolution 03-263 Minutes-December 2,2003 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density)and GC-MD (General Commercial-Multiple Family Dwelling)to LI (Light Industrial) District - Ordinance 03-094 and a specific use permit to allow a farm equipment and machinery manufacturing facility at property located approximately between Irving and St.Anthony and between McGovern and Schwarner. - Ordinance 03-095 Modern, Inc. is requesting a zone change to LI (Light Industrial) and a specific use permit for all of its properties in the Charlton-Pollard neighborhood. Modern, Inc. has been located on Irving and Tilson for approximately 42 years. The company manufactures tractor powered implements and other metal products. The plant on Irving extends west to Tilson and St. Anthony and from Schwarner to McGovern and contains just over 3 acres of land area. At a Joint Public Hearing held November 17, 2003, the Planning Commission voted 9:0 to approve a zone change request and the specific use permit. Administration believes the benefits of having Modern operate at their current location out weighs the negatives and therefore recommended approval. Councilmembers had several comments and questions regarding this item. Councilmember Samuel moved to DENY THE REQUEST FOR A ZONE CHANGE FROM RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) AND GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)TO LI (LIGHT INDUSTRIAL) DISTRICT AND A SPECIFIC USE PERMIT TO ALLOW A FARM EQUIPMENT AND MACHINERY MANUFACTURING FACILITY ON PROPERTY LOCATED APPROXIMATELY BETWEEN IRVING AND ST. ANTHONY AND BETWEEN MCGOVERN AND SCHWARNER. Councilmember Patterson seconded the motion. Minutes-December 2,2003 AYES: COUNCILMEMBERS SAMUEL AND PATTERSON NAYS: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS AND BEAULIEU MOTION DID NOT PASS Mayor Pro Tern Ames moved to APPROVE THE REQUEST FOR A ZONE CHANGE FROM RM-H (RESIDENTIAL MULTTPLE FAMILY DWELLING-HIGHEST DENSITY) AND GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)TO LI(LIGHT INDUSTRIAL)DISTRICT. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS AND BEAULIEU NAYS: COUNCILMEMBERS SAMUEL AND PATTERSON MOTION PASSED Mayor Pro Tern Ames moved to APPROVETHE REQUEST FOR ASPECIFIC USE PERMITTOALLOW A FARM EQUIPMENT AND MACHINERY MANUFACTURING FACILITY ON PROPERTY LOCATED APPROXIMATELY BETWEEN IRVING AND ST.ANTHONY AND BETWEEN MCGOVERN AND SCHWARNER, with the stipulation that Modern, Inc. construct an 8 foot Screening fence with voluntary shrubbery around the parking lot/storage area. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, BEAULIEU AND PATTERSON COUNCILMEMBER SAMUEL ABSTAINED FROM VOTING. NAYS: NONE MOTION PASSED Mayor Lord announced that the Executive Session would be held in Council Chambers. WORK SESSION Review proposed increases for Charges for Services, Licenses and Permits and Cultural and Recreational Fees Minutes-December 2,2003 Mayor Lord declared the Work Session open at 2:02 p.m. City Manager, Kyle Hayes made a Power Point presentation to City Council on Proposed Fee Increases. Councilmembers expressed comments and asked questions concerning the proposed changes. There being no further business, Mayor Lord closed the Work Session at 2:21 p.m. AUDIO TAPES ARE AVAILABLE UPON REQUEST IN THE CITY CLERK'S OFFICE Mayor Lord called a recess for Executive Session at 2:22 p.m. Mayor Lord read the required legal notice of an Executive Session, and asked that everyone except the Council leave Council Chambers for the Executive Session. EXECUTIVE SESSION CONSIDER MATTERS RELATED TO CONTEMPLATED OR PENDING LITIGATION IN ACCORDANCE WITH SECTION 551.071 OF THE GOVERNMENT CODE: BEAUMONT POLICE OFFICERS ASSOCIATION The Regular Session of the Beaumont City Council Meeting reconvened at 2:43 p.m. 2. Consider approving a resolution authorizing the City Manager to execute a labor agreement with the Beaumont Police Officers Association. The City and the Beaumont Police Officers Association have been negotiating a labor agreement to replace the one which expired October 1, 2003, since July, 2003. The primary issue for the City,other than wages,was a provision dealing with health insurance. Although most other issues had been agreed to, the parties were unable to reach an acceptable solution on the health insurance language. The Beaumont Police Officers Association has proposed a one (1) year extension of the current agreement which provided for a two percent (2%) across-the-board wage increase. Under the proposal, officers'contributions to health insurance will increase$12.00 a month on January 1,2004. Minutes-December 2,2003 Both sides, in the Manager's view, have worked very hard and in good faith toward a resolution. The proposal of the one (1) year extension will require that the parties meet again in late spring in an attempt to negotiate an agreement to commence October 1, 2004. Councilmember Smith moved to approve RESOLUTION -03-264 TO CONSIDER APPROVING A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LABOR AGREEMENT WITH THE BEAUMONT POLICE OFFICERS ASSOCIATION. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,COKINOS, BEAULIEU, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE COUNCILMEMBER BEAULIEU COMMENDED STAFF ON UPDATING AND BRINGING INTO LINE WITH OTHER CITIES, THE FEES THAT ARE COLLECTED FOR SERVICES PROVIDED BY THE CITY. COUNCILMEMBER COKINOS - NONE MAYOR PRO TEM AMES APOLOGIZED FOR POSSIBLY HAVING TO LEAVE THE MEETING EARLY TO CATCH A PLANE. COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER PATTERSON ANNOUNCED THAT THE PEAR ORCHARD NEIGHBORHOOD ASSOCIATION WOULD BE HAVING THEIR FINAL MEETING FOR THE YEAR AND A RECEPTION ON TUESDAY, DECEMBER 16, 2003 TO BE HELD AT THE L.L. MELTON YMCA ON SARAH STREET AT 7:00 P.m. ,COUNCILMEMBER PATTERSON ALSO STATED THAT THE ASSOCIATION WOULD RESUME HAVING THEIR MEETINGS AT THE JOHNS LIBRARY IN .JANUARY, 2004. CITY ATTORNEY LANE NICHOLS - NONE CITY MANAGER KYLE HAYES EXPLAINED THE"RECOMMENDATION"PROCESS BY ADMINISTRATION AND THE PLANNING COMMISSION TO COUNCIL. Minutes-December 2,2003 Public Comments (Persons are limited to three minutes) Joseph Williams 470 Mary Beaumont, TX Mr. Williams addressed Council concerning Modern, Inc., voicing his concerns about children playing at the neighboring park and the eighteen wheeler traffic that will be associated with the expansion of the company. A.B. Marks 2109 Poplar Beaumont, TX Mr. Marks,Charlton Pollard Neighborhood Association President addressed Council stating his displeasures with past communication with Modern, Inc. Leroy Lewis, III 7866 Gladys Beaumont, TX Mr. Lewis addressed Council stating the concerns that he has throughout the city. John Gerard 1030 Doucette Beaumont, TX Mr. Gerard addressed Council expressing his displeasure with the expansion of Modern Inc. over the years and stated that he felt that Council had let people in the neighborhood down by passing the zone change and specific use permit for Modern Inc. Audio tapes are available upon request in the City Clerk's Office. There being no further business, the meeting adjourned at 3:00 p.m. Mayor Evelyn Lord City Cle s Office Minutes-December 2,2003