HomeMy WebLinkAboutMIN FEB 3 2004 M I N U T E S - CITY OF BEAUMONT
Lulu L. Smith EVELYN M. LORD, MAYOR Nancy Beaulieu
Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames, Mayor Pro Tern
Bobbie J. Patterson February 3, 2004 Audwin Samuel
Lane Nichols, City Attorney Kyle Hayes, City Manager Rose Ann Jones, City Clerk
The City Council of the City of Beaumont, Texas, met in a regular session on February 3,2004, 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 - Receive report related to FY2003 Audit
* Public Comment: Persons may speak on scheduled agenda items 5-10/Consent Agenda
* Consent Agenda
Mayor Lord called the council meeting to order at 1:30 p.m. Rev. James Blackwell of South Park
Baptist Church gave the invocation. Participants of the Junior Achievement Job-Shadow Day
Program, Megan Armstrong, Ashley Brown, Emerald Pouncey, Jessica Jolivet led the Pledge of
Allegiance. Roll call was made by Rose Ann Jones, City Clerk.
Present at the meeting were Mayor Lord, Mayor Pro Tern Ames,Councilmembers Smith,Beaulieu,
Cokinos, Samuel and Patterson. Also present were Kyle Hayes, City Manager; Lane Nichols, City
Attorney; and Rose Ann Jones, City Clerk.
Proclamations, Presentations, Recognitions
1."Wear Red for Women Day": Mayor Pro Tern Ames read the proclamation claiming Friday,
February 6, "Wear Red for Women Day" in support of the American Heart Association;
proclamation accepted by Lynea Minton.
2. " National Sales Month": Mayor Lord read the proclamation claiming March as "National
Sales Month"; proclamation honoring Bill Clark, Executive of the Year, accepted by Allen
Tapley.
* Certificates of appreciation where presented to Mayor Lord, Councilmember Samuel and
Channel 4 by the participants of the Job-Shadow Program.
3. Presentation of Award to Mayor from Tyler County Dogwood Festival Committee:
Fred Sullivan, President of the East Texas Dogwood Festival, presented Mayor Lord with
the honorary award of Mr. East Texas of 2004.
Minutes-February 3,2004
Public Comment: Persons may speak on scheduled General Business Agenda Items 5-10/
Consent Agenda.
Roderick Bluiett, Modern Inc. 1901 Tilson Beaumont TX
On item 6, Mr. Bluiett, Assistant Plant Manger, brought with him a sample of the type fence
which he is requesting to be allowed to use in place of the wood screening fence currently in
place.
CONSENT AGENDA
Approval of minutes - Minutes of January 27, 2004
Confirmation of committee appointments
Walter Crook would be reappointed to the Martin Luther King Jr. Parkway, Commission . The
current term would expire December 17, 2005. (Councilmember Nancy Beaulieu)
Pauline Mouton would be appointed to the Martin Luther King Jr. Parkway, Commission. The term
would commence February 3, 2004 and expire February 2, 2006. (Mayor Evelyn M. Lord) -
Resolution 04-025
A) Approve a one (1) year contract for the purchase of tower rock - Resolution 04-026
B) Approve a six (6) month contract for the purchase of sodium hydroxide - Resolution 04-027
C) Approve a bid for electrical improvements to the Loeb No. 1 Well Site - Resolution 04-028
D) Approve a resolution authorizing the acceptance of two (2) ten foot (10') wide Sanitary Sewer
Easements along Fannett Road to serve the Postal Worker Union - Resolution 04-029
E) Approve a resolution authorizing the acceptance from the Nichols Development Company of
a Deed of Gift, conveying a thirty foot (30') wide strip of land along the south side of Dishman
Road - Resolution 04-030
Councilmember Smith 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
Page 2 of 11 Minutes-February 3,2004
GENERAL BUSINESS
1. Consider approving a request for a zone change from RS (Residential Single Family
Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) District for property
located at the southwest corner of Highway 105 and East Major Drive
The Administration recommends denial of a zone change from RS (Residential Single Family
Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) District for property
located at the southwest corner of Highway 105 and East Major Drive.
Charlie Danna, the applicant, is requesting that a zone change from RS (Residential Single
Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District
for a 0.58 acre tract of land at the southwest corner of Highway 105 and East Major Drive .
The property is currently vacant and feels the property has limited resale value with the current
residential zoning and would be better suited for commercial development.
The subject property is surrounded by a single family residential use to the west and south.
RS zoning surrounds the subject property. The property does meet the requirements for
"spot zoning."
At a Joint Public Hearing held January 26, 2004, the Planning Commission voted 8:0 to deny
a zone change from RS to GC-MD District for property located at the southwest corner of
Highway 105 and East Major Drive.
COuncilmember Beaulieu moved TO DENY THE REQUEST FOR A ZONE CHANGE FROM RS
(RESIDENTIAL SINGLE FAMILY DWELLING)TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY
DWELLING) DISTRICT FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 105
AND EAST MAJOR DRIVE . Mayor Pro Tern Ames seconded.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
COKINOS, BEAULIEU, SAMUEL AND PATTERSON
NAYS: NONE
REQUEST DENIED
2. Consider approving a request for a specific use permit to allow the administrative office of a
residential care business in an RCR (Residential Conservation and Revitalization) District at
1890 Broadway - Ordinance 04-004
Administration recommends approval of the request for a specific use permit to allow the
administrative office of a residential care business in an RCR (Residential Conservation and
Revitalization) District at 1890 Broadway.
St. Giles Living Centers, Inc. has purchased the former insurance office building at 1890
Broadway with the intention of moving its administrative office to that location. This office will
house approximately 12 administrative staff and the hours of operation will be 8 a.m. to 5
p.m. The applicant states that the proposed use would be compatible with the surrounding
Page 3 of 11
Minutes-February 3,2004
area. An attorney's office is across the street and the subject property backs up to
commercial uses along Calder.
At a Joint Public Hearing held January 26, 2004, the Planning Commission voted 8:0 to
approve a request for a specific use permit to allow the administrative office of a residential
care business in an RCR (Residential Conservation and Revitalization) District at 1890
Broadway.
Council member Smith moved to approve ORDINANCE 04-004 TO APPROVE A SPECIFIC USE
PERMIT TO ALLOW THE ADMINISTRATIVE OFFICE OF A RESIDENTIAL CARE BUSINESS IN AN RCR
(RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT AT 1890 BROADWAY. Mayor Pro
Tern Ames seconded the motion.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
COKINOS, BEAULIEU, SAMUEL AND PATTERSON
NAYS: NONE
MOTION PASSED
3. Consider approving a request for a specific use permit to allow a retail establishment selling
alcoholic beverages with on-premise consumption in a GC-MD (General Commercial-
Multiple Family Dwelling) District at 5405 College Street - Ordinance 04-005
Administration recommends approval of the request for a specific use permit to allow a retail
establishment selling alcoholic beverages with on-premise consumption in a GC-MD
(General Commercial-Multiple Family Dwelling) District at 5404 College Street.
Adair's Eskimo Hut is wishing to operate a drive-in and drive-through store that will sell
convenience items, beer, wine, cigarettes and frozen wine-based daiquiris. Customers will
have the option of parking their vehicles on the property and entering the building for their
purchase or accessing the drive-through facility on the west side of the building.
At a Joint Public Hearing held January 26, 2004, the Planning Commission voted 8:0 to
approve a request for a specific use permit to allow a retail establishment selling alcoholic
beverages with on-premise consumption in a GC-MD (General Commercial-Multiple Family
Dwelling) District at 5405 College Street.
Mayor Pro Tern Ames moved TO APPROVE ORDINANCE 04-005 FOR THE REQUEST FOR A
SPECIFIC USE PERMIT TO ALLOW A RETAIL ESTABLISHMENT SELLING ALCOHOLIC BEVERAGES
WITH ON-PREMISE CONSUMPTION IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY
DWELLING) DISTRICT AT 5404 COLLEGE STREET. Councilmember Smith seconded.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
COKINOS, BEAULIEU, SAMUEL AND PATTERSON
NAYS: NONE
MOTION PASSED
Page 4 of 11
Minutes-February 3,2004
4. Consider approving a request for an amended specific use permit to allow the opening of a
driveway along Long Street to serve a self-storage warehouse facility in a GC-MD-2 (General
Commercial-Multiple Family Dwelling-2) District - Ordinance 04-006
Administration recommends approval of the request for an amended specific use permit to
allow the opening of a driveway along Long Street to serve a self-storage warehouse facility
in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District.
Scott Monroe, owner of Access Self Storage, is requesting an amendment to his specific use
permit for a self-storage warehouse facility at 250 S. Dowlen Road. The original specific use
permit was granted by the City Council in January, 2002. As a condition of approval of that
specific use permit, the entrance on Long Road was to be gated and used for emergency
purposes only. Mr. Monroe states that the storage facility has lost business due to the site not
being fully accessible.
At a Joint Public Hearing held on January 26, 2004, the Planning Commission voted 8:0 to
approve an amended specific use permit to allow the opening of a driveway along Long
Street to serve a self-storage warehouse facility in a GC-MD-2 (General Commercial-Multiple
Family Dwelling-2) District at 250 S. Dowlen Road, subject to the following conditions:
• Access Self Storage shall construct a solid 8' high wood fence along Long Street.
• Access Self Storage shall provide landscaping along Long Street.
• Access Self Storage shall install an asphalt speed bump along the existing driveway
entrance on the storage property.
• Access Self Storage shall patch the asphalt pavement along Long Street (to be
determined by the City of Beaumont and Access Self Storage).
• No signs shall be placed on Long Street.
• The existing gate on Long Street will be open 7 a.m. to 7 p.m. only.
Clarification was made the speed bump would be on the property of Access Self Storage
and not on the City street.
COuncilmember Beaulieu MOVED TO APPROVE ORDINANCE 04-006 AMENDING ORDINANCE 02-
004 TO ALLOW THE OPENING OF A DRIVEWAY ALONG LONG STREET TO SERVE A SELF-STORAGE
WAREHOUSE FACILITY IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)
DISTRICT; PROVIDING FOR REPEAL. Councilmember Smith seconded.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
COKINOS, BEAULIEU, SAMUEL AND PATTERSON
NAYS: NONE
MOTION PASSED
Page 5 of 11
Minutes-February 3,2004
5. Consider approving a request for the abandonment of a 60' x 126.9' section of Colorado
Avenue - Ordinance 04-007
Administration recommends approval of a request for the abandonment of a 60' x 126.9'
section of Colorado Avenue.
Lamar University is requesting the abandonment of a 60' x 126.9' section of Colorado
Avenue so that it can be used to eliminate ingress and egress to the campus from University
Drive. Lamar owns all the property on either side of the street and the University states that
there is no longer a need for public areas. Colorado Avenue, east of the subject property,
has been abandoned by the City.
At the Regular Meeting held January 26, 2004, the Planning Commission voted 7:0:1 to
approve a request for the abandonment of a 60' x 126.9' section of Colorado Avenue subject
to the following conditions:
• Retain a utility easement to accommodate the existing 48" storm sewer and cable
service line or move the existing facilities at the University's expense
• Put the existing junction box on the north side of Colorado back to original shape
City Attorney Nichols stated the existing junction box has been changed to read "must be
acceptable to the City Engineer'.
Councilmember Patterson moved TO APPROVE ORDINANCE 04-007 ABANDONING A 60'x 126.9'
SECTION OF COLORADO AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Smith seconded.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
COKINOS, BEAULIEU, SAMUEL AND PATTERSON
NAYS: NONE
MOTION PASSED
6. Consider approving a request for a modification to the 8' tall wood screening fence
requirement around the parking lot as approved by City Council in a specific use permit to
allow Modern, Inc.'s farm equipment and machinery manufacturing facility in a LI (Light
Industrial) District at 1901 Tilson - Ordinance 04-008
Administration recommends approval of the request for a modification to the 8' tall wood
screening fence requirement to allow an 8' tall vinyl/cyclone fence around the parking lot at
1901 Tilson.
On December 2, 2003, the City Council approved a zone change to LI (Light Industrial) and a
specific use permit to allow Modern, Inc.'s farm equipment and machinery manufacturing
facility at 1901 Tilson. The approval of the specific use permit was conditioned upon an 8' tall
wood screening fence being constructed along the St. Anthony, Schwarner and Tilson
frontages of the parking lot.
Page 6 of 11
Minutes-February 3,2004
Roderick Bluiett, Assistant Plant Manager, is requesting a modification to the wooden fence.
He would like to install an 8' tall vinyl/cyclone fence in lieu of the 8' tall wood screening fence.
The fence would be long lasting and maintenance free. The color would also match the
existing fence at the facility.
Councilmember Smith moved TO APPROVE ORDINANCE 04-008 TO AMEND ORDINANCE 03-095
TO ALLOW MODIFICATION TO THE SCREENING FENCE REQUIREMENT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR REPEAL. Mayor Pro Tern Ames seconded.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
COKINOS, BEAULIEU AND PATTERSON
NAYS: COUNCILMEMBER SAMUEL
MOTION PASSED
7. Consider amending a contract with the Beaumont Chamber of Commerce to provide an
additional $15,000 to be used as a revenue guarantee in an effort to attract Delta Airlines to
the Southeast Texas Regional Airport - Resolution 04-031
The Southeast Texas Coalition for Air Service, LLC, created by the Beaumont and Port Arthur
Chambers of Commerce, is leading an effort to attract Delta Airlines to provide air service to
and from the Southeast Texas Regional Airport. Delta Airlines is requiring a $975,000
revenue guarantee from the Southeast Texas Community before they sign an agreement to
provide air service for one-year. The Coalition is asking each City and County in the region to
invest a minimum of$.10 per capita toward the revenue guarantee or letter of credit. With
Beaumont's population estimated at 115,000, the minimum amount based on $.10 per capita
would be $11,500.
Delta Airlines would provide three flights per day Monday-Friday and two flights per day on
Saturday-Sunday to the Dallas/Fort Worth International Airport. If Delta Airlines does not
generate $5.4 million in revenue its first year of service, the revenue guarantee will make up
the difference up to $975,000. After the audit is complete, any funds remaining will be paid
back to the contributors based on a pro rata share with interest.
The $15,000 payment would be paid out of the General Fund's fund balance. The fund
balance is projected to be $7,160,000 at the end of Fiscal Year 2004.
The City Council approved a contract with the Beaumont Chamber of Commerce on
December 16, 2003 in the amount of$55,000 related to a comprehensive range of activities
and projects to create jobs in Beaumont.
Councilmember Cokinos moved TO APPROVE RESOLUTION 04-031 TO APPROVE A CONTRACT
WITH THE BEAUMONT CHAMBER OF COMMERCE TO PROVIDE AN ADDITIONAL$15,000 TO BE USED
AS A REVENUE GUARANTEE IN AN EFFORT TO ATTRACT DELTA AIRLINES TO THE SOUTHEAST
TEXAS REGIONAL AIRPORT. Councilmember Smith seconded.
Page 7 of 11
Minutes-February 3,2004
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
COKINOS, BEAULIEU AND PATTERSON
NAYS: COUNCILMEMBER SAMUEL
MOTION PASSED
8. Consider approving a bid for stabilizing the foundation of Fire Station No. 1 - Resolution 04-
032
Administration recommends award of a bid for foundation stabilization of Fire Station No. 1 in
the amount of$41,144 to Eagle-Pro Engineering, Inc.
This bid requires the awarded vendor to perform the excavation, drilling and placement of
twenty-one (21) concrete piers and five (5) helical steel piers beneath the foundation of the fire
station. This will arrest settlement of the foundation at its current state (no lifting of the existing
slab will be performed), and should forestall further structural damage. Completion time is
sixty (60) calendar days, with work anticipated to commence by mid-February.
Funds are available for this expenditure in the Central Services Building Services operating
budget.
Councilmember Cokinos moved TO APPROVE RESOLUTION 04-032 TO ACCEPT THE BID FOR
STABILIZING THE FOUNDATION OF FIRE STATION NO. 1. Councilmember Beaulieu seconded.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
COKINOS, BEAULIEU, SAMUEL AND PATTERSON
NAYS: NONE
MOTION PASSED
9. Consider approving a bid for the purchase of approximately 22,000 feet of PVC pipe -
Resolution 04-033
Administration recommends award of a bid for the purchase of approximately 22,000 feet of
PVC pipe in the amount of$67,238 to Coburn Supply.
The Public Works Department, Water Utilities Division, is in the midst of a five (5) year capital
improvement program which includes the replacement of deteriorated water lines currently
causing frequent service interruptions in various areas of the city. The pipe was requested in
two, four, six and eight-inch diameters, the most prevalent sizes for water lines in the City
system.
Funds are available for this expenditure in the Water Utilities Fund.
Councilmember Cokinos moved TO APPROVE RESOLUTION 04-033 FOR THE PURCHASE OF
APPROXIMATELY 22,000 FEET OF PVC PIPE. Mayor Pro Tern Ames seconded.
Page 8 of 11
Minutes-February 3,2004
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
COKINOS, BEAULIEU, SAMUEL AND PATTERSON
NAYS: NONE
MOTION PASSED
10. Consider approving a one (1) year contract for the purchase of ready mix concrete -
Resolution 04-034
Administration recommends award of a one (1) year contract for purchasing ready mix
concrete to Transit Mix Concrete and Materials of Beaumont. The estimated total expenditure
for the contract period is $61,600.
The contract specifies that the successful bidder shall provide approximately 1,300 cubic
yards of ready mix concrete at fixed unit costs for one (1) year from the date of award. The
material will be used by both the Water Utilities and Streets and Drainage Divisions of the
Public Works Department.
Funds are available for this expenditure in the divisions' operating budgets.
Councilmember Smith moved TO APPROVE RESOLUTION 04-034 TO AWARD THE ONE (1)YEAR
CONTRACT FOR THE PURCHASE OF READY MIX CONCRETE. Councilmember Cokinos seconded.
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 - COMMENTED ON THE RECENT PROCLAMATION AT THE LAMAR
FILM FESTIVAL; CONGRATULATED THE MAYOR ON AWARD
FROM THE EAST TEXAS DOGWOOD FESTIVAL COMMITTEE;
HIGHLY RECOMMENDS THE DOGWOOD CORONATION
COUNCILMEMBER COKINOS - NONE
MAYOR PRO TEM AMES - CONGRATULATED MAYOR ON HER EAST TEXAS DOGWOOD
AWARD
Donn O nS 1
AAini hnc_Cnhnnnr Q 7nnA
COUNCILMEMBER SAMUEL - REQUESTED BUSINESSES KEEP COUNCILMEMBER OF THE
WARD INFORMED OF ACTIVITIES IN THE WARD SO THAT THE
COMMUNITY MAY BE KEPT INFORMED; COMMENTED ON
REQUEST OF COMMITTEE MEMBER TO RESIGN; REQUESTED A
WORKSHOP FOR UPDATE OF STREET AND DRAINAGE
PROBLEMS IN THE NORTH END OF THE CITY
COUNCILMEMBER PATTERSON - THANKED MAYOR AND HER HUSBAND FOR ATTENDING
OPERATION ONE VOTE; THANKED EVERYBODY ELSE WHO
ATTEND THIS FORUM
MAYOR LORD - THANKED HER SHADOW TODAY,ASHLEY BROWN; PLEASURE
TO MEET OTHER STUDENTS IN THE PROGRAM
COUNCILMEMBER SAMUEL: THANKED HIS SHADOWS, EMERALD POUNCEY AND JESSICA JOLIVET
FOR SPENDING THE DAY WITH HIM
CITY MANAGER KYLE HAYES - NONE
CITY ATTORNEY LANE NICHOLS - NONE
Public Comments (Persons are limited to three minutes)
Matt Hopson 1190 Grand Avenue Beaumont TX
Invited Council and community to attend a fund raiser to help the Southeast Texas Community
Corporation to help first time home buyers; invitation to visit current construction site
Gene Autry Duplantier 3950 W. Lynwood Drive Beaumont TX
Commented on the sewer line problems in his community
Joseph Williams 470 Mary Street Beaumont TX
Commented on concerns with Modern Inc. and the effects on the neighborhood; concerns with
the MLK tribute and when it is going to be completed
Michael Doggett 4165 Old Dowlen Road Beaumont TX
Requested a tax freeze consideration for 65+ citizens on property tax to go along with the
recommendation passed by the county
Roderick A. Bluiett 3125 N. Tenth Street Beaumont TX
Speaking as a citizen in response to the fence request and keeping the community informed
of activities of Modern Inc.; invited all to visit the plant and take a tour
Page 10 of 11
Minutes-February 3,2004
There being no Executive Session, Council adjourned at 3:00 p.m.
Audio tapes are available upon request in the City Clerk's Office.
i�nm 1 �
Evelyn Lord, ayor
Rose Ann Jones, City erk
Page 11 of 11 Minutes-February 3,2004