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Home My WebLink AboutMIN APRIL 27 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 April 27, 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 April 27,2004, at the City Hall Council Chambers,801 Main Street,Beaumont,Texas,at 1:30 p.m.to considerthefollowing: OPENING Invocation Pledge of Allegiance Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 7-11/Consent Agenda Consent Agenda Mayor Lord called the council meeting to order at 1:30 p.m. Reverend Ben Alford of St. Marks Episcopal Church gave the invocation. Councilmember Smith 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; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions 1. Lamar University Student Government Association:Council member Cokinos presented to the City Council the Civic Leadership Award plaque received on April 22 from the Lamar University Student Government Association 2. Motorcycle Awareness Month: Proclamation read by Councilmember Samuel declaring the month of May 2004 as"Motorcycle Awareness Month";accepted by Bill Vogel,Vice President of the Texas Motorcycle Roadriders Association 3. YMBL Rodeo Week: Proclamation read by Mayor Lord declaring April 16 - May 1 as "YMBL Rodeo Week"; accepted by Mike Amy, Chairman of the Rodeo Public Comment: Persons may speak on scheduled agenda items No. 7-11/ Consent Agenda. None Minutes-April 27,2004 CONSENT AGENDA Approval of minutes - Minutes of April 20, 2004 Confirmation of committee appointments - None A) Authorize the application for and acceptance of grant funds for the Southeast Texas Auto Theft Task Force - Resolution 04-091 B) Approve a resolution supporting H.R. 2208, the Highway Funding Equity Act of 2003 - Resolution 04-092 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1) Consider approving a request for a zone change from RS (Residential Single Family Dwelling)to RM-H (Residential Multiple Family Dwelling-Highest Density) District at 1005 E. Lucas Drive - Ordiance 04-023 Administration recommended approval of a zone change from RS(Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density) District at 1005 E. Lucas Drive. Statewide Consolidated Community Development Corporation, Inc. is requesting this zone change in order to build a 14 unit housing complex for persons with disabilities. Statewide will serve as sponsor and property manager of this housing complex under the Section 811 Supportive Housing for Persons with Disabilities Program. In addition to the 14 residential units,there will be one unit for a resident manager. The specific purpose for these units is to give the disabled a nice, clean, safe living environment. At a Joint Public Hearing held April 19, 2004,the Planning Commission voted 8:0 to approve a zone change from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density)District at 1005 E. Lucas Drive. Councilmember Smith moved TO APPROVE ORDINANCE 04-023 APPROVING A REQUEST FOR A ZONE CHANGE FROM RS (RESIDENTIAL SINGLE FAMILY DWELLING) TO RM-H Page 2 of 11 Minutes-April 27,2004 (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)DISTRICTAT 1005 E. LUCAS DRIVE. Councilmember Cokinos seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 2) Consider approving a requestfora zone change from RCR(Residential Conservation and Revitalization)to LI (Light Industrial)District for property on the west side of Carroll Street, between Lincoln and Grant Administration recommended denial of a zone change from RCR (Residential Conservation and Revitalization)to LI (Light Industrial)District for property on thewest side of Carroll Street, between Lincoln and Grant. Sherman and Sherman, Inc.,the property owner, requested a zone change from RCR to LI for property located on the west side of Carroll Street, between Lincoln and Grant. This zone change will allowthem to park their house moving equipment on the subject property. The property is surrounded by RCR zoning on the north, west and south sides. At a Joint Public Hearing held April 19,2004,the Planning Commission voted 7:0:1 to deny a zone change from RCR to LI District for property on the west side of Carroll Street, between Lincoln and Grant. Councilmember Smith moved to DENY THE REQUEST FOR A ZONE CHANGE FROM RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) TO LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY ON THE WEST SIDE OF CARROLL STREET, BETWEEN LINCOLN AND GRANT. Mayor Pro Tern Ames seconded motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 3) Consider approving a request for a specific use permit to allow a cell tower in an A-R (Agricultural-Residential) District at 345 E. Lucas Drive - Ordinance 04-024 Administration recommended approval of the specific use permit to allow a cell tower in an A-R (Agricultural-Residential) District at 345 E. Lucas Drive. Page 3 of 11 Minutes-April 27,2004 Cingular Wireless has made an application for a specific use permit to allow the construction of a 180'tall telecommunication tower at 345 E. Lucas Drive. Included in the 80' x 80' screened fence compound will be an 11' 5" x 20' equipment shelter. At a Joint Public Hearing held April 19, 2004, the Planning Commission voted 8:0 to approve a specific use permit to allow a cell tower in an A-R(Agricultural-Residential) District at 345 E. Lucas Drive. Councilmember Beaulieu moved to APPROVE ORDINANCE 04-024 GRANTING AREQUEST FOR A SPECIFIC USE PERMIT TO ALLOW A CELL TOWER IN AN A-R (AGRICULTURAL- RESIDENTIAL) DISTRICT AT 345 E. LUCAS DRIVE. Councilmember Smith seconded motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 4) Consider approving a request for an amended specific use permit to allow the expansion of a mini-warehouse facility in a GC-MD-2 (General Commercial Multiple Family Dwelling-2) District at 250 Dowlen Road - Ordinance 04-025 Administration recommended approval of a amended specific use permit to allow the expansion of a mini-warehouse facility in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 250 Dowlen Road. Scott Monroe, Access Self Storage, requested an amended specific use permit to allow the expansion of a mini-warehouse facility at 250 S. Dowlen Road. The expansion will be located south of the existing building and will consist of 20,380 sq.ft.of non-climate controlled warehouse space in three buildings and 29,250 sq.ft. of concrete slab for both covered and uncovered boat and RV storage. At a Joint Public Hearing held April 19, 2004,the Planning Commission voted 8:0 to approve an amended specific use permitto allowthe expansion of a mini-warehouse facility in a GC-MD-2(General Commercial-Multiple Family Dwelling-2)District at250 Dowlen Road. Councilmember Smith moved TO APPROVE ORDINANCE 04-025 FOR AN AMENDED SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF A MINI-WAREHOUSE FACILITY IN AGC- MD-2 (GENERAL COMMERCIAL MULTIPLE FAMILY DWELLING-2) DISTRICT AT 250 DOWLEN ROAD. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON Page 4 of 11 Minutes-April 27,2004 NAYS: NONE MOTION PASSED 5) Consider approving a request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 315 IH-10 North - Ordinance 04-026 Administration recommended approval of the specific use permit to allow a drinking place in a GC-MD(General Commercial-Multiple Family Dwelling)District at 315 IH 10 North. Brian O'Quinn,the applicant, requested a specific use permitto allow a drinking place at 315 1 10 N. The nightclub will be located in an existing building. The building was originally used as a Steak and Ale restaurant. At a Joint Public Hearing held April 19, 2004, the Planning Commission voted 8:0 to approve a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 315 IH10-North. Councilmember Smith moved to approve ORDINANCE 04-026 APPROVING A REQUEST FOR A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 315 IH-10 NORTH. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 6) Consider approving a request for a specific use permit to allow a barbershop in an RCR (Residential Conservation and Revitalization) District at 2845 Concord Road - Ordinance 04-027 Administration recommended approval of the specific use permitto allowa barbershop in an RCR(Residential Conservation and Revitalization)District at 2845 Concord Road with a modification to the screening/landscaping requirements along the west property line. Faust Engineering&Surveying, Inc.,the applicant, requested a specific use permit to allow a barbershop at 2845 Concord. The property is zoned RCR (Residential Conservation and Revitalization )District. An existing 616 sq.ft. building will be used for a 4 chair barbershop. Eight parking spaces will be provided. At a Joint Public Hearing held April 19, 2004, the Planning Commission voted 8:0 to approve a specific use permit to allow a barbershop in an RCR (Residential Page 5 of 11 Minutes-April 27,2004 Conservation and Revitalization)District at 2845 Concord Road,subjectto revising the parking plan to meet the approval of the Traffic Manager and providing the necessary landscaping for the parking lot and a modification to the screening/landscaping requirements along the west property line. Councilmember Samuel moved to APPROVE ORDINANCE 04-027 GRANTING ASPECIFIC USE PERMIT TO ALLOW A BARBERSHOP IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT AT 2845 CONCORD ROAD. Councilmember Patterson seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS. SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 7) Consider approving a request to abandon a 3.83' x 600' portion of Delaware Street right-of-way - Ordinance 04-028 Administration recommended approval of the request to abandon a 3.83'x 600'portion of Delaware Street right-of-way located along the west side of the Delaware Extension and the east side of Pecan Place, Unit 3,subject to the retention of a general easement. Bob Morgan, President of Pecan Place Townhomes, Section Three, requested the abandonment of a 3.83'x 600'portion of the Delaware St. Extension right-of-way forthe building of a masonry fence to separate the driveways and Delaware Street. Mr. Morgan states that the abandonment is necessary in order to provide clearance between the fence and the existing driveway and allow for the foundation. At a Regular Meeting held April 19, 2004, the Planning Commission voted 8:0 to approve the request to abandon a 3.83'x 600'portion of Delaware Street right-of-way located along the west side of the Delaware Extension and the east side of Pecan Place, Unit 3. Councilmember Beaulieu moved to APPROVE ORDINANCE 04-028 TO ABANDON A3.83' x 600'PORTION OF DELAWARE STREET RIGHT-OF-WAY. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED Page 6 of 11 Minutes-April 27,2004 8) Consider approving a request to abandon the alley that runs east and west that separates Tract 2 from Lots 1 and 2 from Avenue F to the east side of what is called Tract 2 - Ordinance 04-029 Administration recommended approval of the abandonment of the alleythat runs east and west that separated Tract 2 from Lots 1 and 2 from Avenue F to the east side of what is called Tract 2. Carl Lightfoot requested the abandonment of that part of Avenue F adjacent to Tract 3, Block 2, Division F,Cartwright Addition,the alley separating Tract 2, Block 2, Division F, Cartwright Addition from Lots 1 and 2, Block 2, Arlington Addition and part of an adjacent to Tract 2, Block 2, Division F, Cartwright Addition. Mr. Lightfoot owns Tracts 2 and 3 and Lots 1 and 2. The paved portion of Avenue F ends at Terrell. In order to more fully develop the property, he is asking for the abandonment of the aforementioned rights-of-way. At a Regular Meeting held April 19, 2004, the Planning Commission voted 8:0 to approve a request to abandon the fourfootwide alley that runs east and west from the east right-of-way line of Avenue F to the east side of what is called Tract 2, Block 2, Division F, Cartwright Addition. Councilmember Smith moved to APPROVE ORDINANCE 04-029 APPROVING A REQUEST TO ABANDON THE ALLEY THAT RUNS EAST AND WEST THAT SEPARATES TRACT 2 FROM LOTS 1 AND 2 FROM AVENUE F TO THE EAST SIDE OF WHAT IS CALLED TRACT 2. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 9) Consider approving a contract forthe installation of spraydevices at Sprott,Central and Rogers Parks - Resolution 04-093 Administration recommended awarding a contract to Bruce's General Construction of Beaumont in the amount of$184,313.00 forthe construction of spray devices at Sprott, Central and Rogers Parks. In September 2003, bids were received for the installation of the spray devices. The low bid submitted at that time was approximately$236,000.00. In order to bring the project within budget,elements of the project were removed and the project was rebid. Those elements removed included water and sanitary sewer lines, electrical service and the installation of an electrical cabinet. These elements will now be installed by City forces. Page 7 of 11 Minutes-April 27,2004 Councilmember Beaulieu moved to APPROVE RESOLUTION 04-093 APPROVING A CONTRACT FOR THE INSTALLATION OF SPRAY DEVICES AT SPROTT,CENTRAL AND ROGERS PARKS. Councilmember Patterson seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 10) Consider authorizing the City Manager to execute a contract with Golden Triangle Landfill, TX LP, (BFI) for sanitary sewer service - Resolution 04-094 Administration recommended authorizing the City Managerto execute a contractwith BFI for sanitary sewer service. BFI contacted the City regarding the ability of the Water Reclamation Plant to accept wastewaterfrom their landfill on LaBelle Road. Currently,BFI transports and disposes of the waste rwate rat other locations. Underthe terms of the agreement,BFI would be responsible forthe installation and maintenance of a 3-inch force main,lift station and a meterto pump the wastewaterfrom their landfill to the Water Reclamation Plant. The maximum amount of wastewaterto be accepted bythe City is 20,000 gallons perday. The estimated annual revenue will range between$50,000 and$150,000 depending upon the surcharges. This contract would be for a ninety day trial period. Mayor Pro Tern Ames moved to APPROVE RESOLUTION 04-094 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH GOLDEN TRIANGLE LANDFILL, TX LP, (BFI) FOR SANITARY SEWER SERVICE. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 11) Consider approving a contract for fire, extended coverage, flood and quake property insurance - Resolution 04-095 Administration recommended award of a contract to McGriff, Seibels & Williams of Texas, Inc.forthe purchase of a one(1)yearfire,extended coverage,flood and quake property insurance policy. The annual premium of$268,713.00 includes an all risk peril policy with loss limit of$110,000,000, Terrorism coverage and Boiler and Machinery coverage. Page 8 of 11 Minutes-April 27,2004 The policy begins May 1, 2004 and expires May 1, 2005. The current insurance provider is Texas Municipal League-Intergovernmental Risk Pool(TML-IRP). The policy premium submitted by McGriff, Seibels & Williams of Texas, Inc. represents a 20% reduction in cost from last year's premium of$313,347.00 Funds are available in the Central Services Department, Building Services Division's operating budget. Mayor Pro Tern Ames moved to APPROVE RESOLUTION 04-095 APPROVING A CONTRACT FOR FIRE, EXTENDED COVERAGE, FLOOD AND QUAKE PROPERTY INSURANCE. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER BEAULIEU - THANKED THE CITY STAFF FOR THE RECENT CONTRACTS AWARDED TO BEAUMONT BUSINESSES, MOVING FORWARD WITH THE IMPROVEMENTS IN THE PARKS AND EXPLORING OPTIONS ON INSURANCE RATES TO SAVE THE CITY MONEY COUNCILMEMBER COKINOS - NONE MAYOR PRO TEM AMES - WISHED GOOD LUCK TO THE YMBL RODEO AND SUCCESS IN RAISING FUNDS FOR CHARITY COUNCILMEMBER SAMUEL- THANK YOU TO LAMAR UNIVERSITY STUDENT GOVERNMENT FOR THEIR ACKNOWLEDGMENT. THEY HAVE BEEN AN EXCELLENT GROUP TO WORK WITH AND YOU CAN SEE A DIFFERENCE ON THE LAMAR STUDENT CAMPUS. THANKED CITY STAFF FOR UPDATE OF POSSIBLE PROPERTY FOR THE M. L. KING PARK;ASKED STAFF TO CHECK INTO THE DRUG TRAFFIC AND PROSTITUTION IN THE SOUTH END, OBSTRUCTION OF TRAFFIC IN THE AREA OF PLUM AND PINE STREET; ASKED CITY MANAGER TO LOOK INTO THE COST OF THE CITY GOING TO A PAPERLESS AGENDA COUNCILMEMBER PATTERSON - COMMENDED LAMAR UNIVERSITY ON THEIR LEADERSHIP BANQUET AND THANKED THEM FOR THE AWARD AND ENJOYED WORKING WITH THE STUDENT GOVERNMENT Page 9 of 11 Minutes-April 27,2004 CITY ATTORNEY NICHOLS - NONE CITY MANAGER HAYES - NONE COUNCILMEMBER SMITH - REQUESTED PUBLIC WORKS TO CHECK ON THE DOGWOOD AREA MAYOR LORD - ALSO REQUESTED PUBLIC WORKS TO CHECK ON THE AREA NEAR GLADYS AND LONGFELLOW; CONTINUING HER VISITS TO THE FOURTH GRADES AND REPORTED THAT THE STUDENTS ARE RESPONDING TO HER VISITS AND LEARNING ABOUT CITY GOVERNMENT Public Comments (Persons are limited to three minutes) Tobe Duhon 2545 Amarillo Street Beaumont TX Commented on a phone call he received from the Justice Department in regard to the election being prejudiced or discriminating;the numberof ballot boxes and the excess number of clerks at some voting precincts Dean Tucker 2570 Laurel Avenue Beaumont TX Commented on religious freedom rights and the right to practice these rights Kerry J. Avery 205 Clemmons Beaumont TX Prayer for the City Sonja Lemoins 12775 Tan Oak Lane Beaumont TX 77713 Commented on the corruption in the District Attorney's office, the United States Attorney's office and federal banking lawyers Leroy Lewis III 7866 Gladys Avenue Beaumont TX 77706 Gave his ideas for city's need for better streets and drainage; better utility lighting on some streets,need for more jobs,more sidewalks by schools,better control of child and drug abuse, dead animals left on streets and other ongoing problems in the community Jason Marshburn 7220 Bythewood Beaumont TX Voiced his concerns about panhandlers on the streets especially near Parkdale Mall and his concern over abandoned structures Page 10 of 11 Minutes-April 27,2004 EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Stephen Thompson Claim of Toshiba Patterson Regular session of meeting recessed at 2:25 p.m. Executive Session commenced at 2:40 p.m. There being no action taken in Executive Session, Council adjourned at 2:44 p.m. Audio tapes are available upon request in the City Clerk's Office. Evelyn Lord o� sr f.. LU Rose An Jones, City I rk � � Page 11 of 11 Minutes-April 27,2004