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Home My WebLink AboutMIN JAN 10 2006 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith, Ward I GUY N. GOODSON, MAYOR Nancy Beaulieu,Ward II Andrew P. Cokinos, At-Large CITY COUNCIL MEETING Becky Ames,At-Large Audwin Samuel, Mayor Pro Tem, Ward III January 10, 2006 Bobbie J. Patterson,Ward IV Tyrone E. Cooper, 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 January 10, 2006, 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 a status report relating to expenses and reimbursement efforts associated with Hurricanes Katrina and Rita Public Comment: Persons may speak on scheduled agenda items 3-5/Consent Agenda Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Mayor Pro Tern Samuel gave the invocation. Councilmember Beaulieu led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Goodson, Mayor Pro Tern Samuel, Councilmembers Smith, Beaulieu,Ames and Patterson. Absent: Councilmember Cokinos. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions Corps of Engineers -Capt. Michael Rayno - Gave an update on the debris collection of the Army Core of Engineers with an anticipated completion date of March 1, 2006 Status Report - Laura Clark, Budget Officer - Gave an update on the costs related to FEMA and Hurricane Rita; explained that FEMA divided the hurricane activities into three areas for financial reporting purposes: preparation phase, emergency repair and debris collection phase and permanent restoration phase; incurred costs to the City as of 1/4/06 is $8.3 million; additional updates will be given Public Comment: Persons may speak on scheduled agenda items 3-5/Consent Agenda. None CONSENT AGENDA Approval of minutes - Minutes of December 20, 2005 Confirmation of committee appointments - None Minutes-January 10,2006 A) Approve a declaration of intent to reimburse capital expenditures - Resolution 06-001 B) Approve payment of an invoice for pipe used in sewer line replacement by the Water Utilities Department - Resolution 06-002 C) Approve a resolution authorizing the acceptance of a fifteen foot (15') wide Water Line Easement providing access for fire prevention services - Resolution 06-003 D) Approve a resolution authorizing the acceptance of a fifteen foot (15') wide Water Line Easement out of the Amended Plat of Cinemark Addition, to provide access for fire prevention services - Resolution 06-004 E) Approve a resolution authorizing the settlement of the claim of Brannon Steward v.The City of Beaumont - Resolution 06-005 Mayor Pro Tern Samuel made a motion to approve the Consent Agenda. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AMES AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a request for a specific use permit to allow a retail shopping center in a GC-MD (General Commercial-Multiple Family Dwelling) District in the 3000 block of Dowlen Road - Ordinance 06-001 Administration recommended approval of a specific use permit to allow a retail shopping center in a GC-MD District in the 3000 block of Dowlen Road. SR Properties, LLC is requesting a specific use permit to allow a retail shopping center in the 3000 block of Dowlen Road. The proposed shopping center will consist of a 4,143 sq. ft. restaurant and 8,050 sq. ft. of retail space. At a Joint Public Hearing held December 19, 2005, the Planning Commission voted 8:0 to approve a specific use permit to allow a retail shopping center in a GC-MD (General Commercial-Multiple Family Dwelling) District in the 3000 block of Dowlen Road subject to the following conditions: • The storm sewer will be required to be run into the bottom low-flow liner of Hillebrandt Bayou. • A modification to the landscaping and screening requirements along the north and east sides of the property. No 8' tall screening fence or 10' wide Page 2 of 6 Minutes-January 10,2006 landscape strip is recommended along the north property line. No 8' tall wood screening fence is recommended along the east property line. Trees planted every 25' are recommended along the east property line. Councilmember Smith made a motion to ADOPT ORDINANCE 06-001 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RETAIL SHOPPING CENTER IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED IN THE 3000 BLOCK OF DOWLEN ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU,AMES AND PATTERSON NAYS: NONE MOTION PASSED 2. Consider approving a request for a specific use permit to allow a credit union in an RCR (Residential Conservation and Revitalization) District on Carroll Street, between Grant and Lincoln - Ordinance 06-002 Administration recommended approval of a specific use permit to allow a credit union in an RCR (Residential Conservation and Revitalization) District on Carroll Street, between Grant and Lincoln. Mobiloil Federal Credit Union is requesting a specific use permit to allow a credit union on Carroll Street, between Lincoln and Grant. Subject to an agreement with ExxonMobil Beaumont Refinery, the credit union is attempting to exchange properties and build a new credit union branch outside of the refinery perimeter. The Credit Union is also in negotiations with the property owner of Lot 35 to purchase that property. Lot 35 is being included as part of this specific use permit request. At a Joint Public Hearing held December 19, 2005, the Planning Commission voted 7:0:1 to approve a specific use permit to allow a credit union in an RCR District on Carroll Street, between Grant and Lincoln subject to the following conditions: • Redesign the drive-thru facility to increase off-street storage and vehicle staging area. • Modification to the landscaping requirements along the perimeter of the subject property. Landscape strips will vary in width from 0' to 5'. If Lot 35 is acquired, there will be no modification necessary to the landscaping requirement. Councilmember Beaulieu made a motion to ADOPT ORDINANCE 06-002 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CREDIT UNION IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED ON CARROLL STREET,BETWEEN GRANT AND LINCOLN IN THE CITY OF BEAUMONT,JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Samuel seconded the motion. Page 3 of 6 Minutes-January 10,2006 AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AMES AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider approving a request to abandon a portion of McLean Drive - Ordinance 06-003 Administration recommended approval of the request to abandon a portion of McLean Drive. L. M. Fulbright, representing Gulf Building and Loan, has applied for the abandonment of McLean Drive, from Todd Avenue to Calhoun Street. The right-of- way is unimproved. Gulf Building and Loan owns all the property along the north side of this portion of McLean and approximately 600' along the south side. At a Regular Meeting held December 19, 2005,the Planning Commission voted 8:0 to approve a request to abandon a portion of McLean Drive. Councilmember Ames made a motion to ADOPT ORDINANCE 06-003 ENTITLED AN ORDINANCE ABANDONING A PORTION OF MCLEAN DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU,AMES AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider approving a request to abandon a 20' alley in Block 21, West Oakland Addition between Edmonds Avenue and Fannett Road. Administration recommended denial of the request to abandon a 20' alley in Block 21, West Oakland Addition between Edmonds Avenue and Fannett Road. Freddie White is making application to abandon the 20' wide alley between Edmonds Avenue and Fannett Road. The alley is unimproved. However, there is a 6" sanitary sewer line in the right-of-way. This item was sent to all interested parties. Water Utilities is recommending denial. The house at the end of Ethel is tied into the sanitary sewer main so the City can not abandon the line. In addition, the applicant can not build over the alley as long as the City has an active line in the alley. At a Regular Meeting held December 19, 2005, the Planning Commission voted 8:0 to deny a request to abandon a 20' alley in Block 21, West Oakland Addition between Edmonds Avenue and Fannett Road. Page 4 of 6 Minutes-January 10,2006 Councilmember Ames made a motion to deny ADOPTING AN ORDINANCE ENTITLED AN ORDINANCE ABANDONING THE 20' ALLEY IN BLOCK 21, WEST OAKLAND ADDITION, BETWEEN EDMONDS AVENUE AND FANNETT ROAD, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU AND AMES NAYS: COUNCILMEMBER PATTERSON MOTION PASSED 5. Consider approving a bid for repairs to the fuel island canopy and wash bay building at the Fleet Maintenance facility - Resolution 06-006 Administration recommended awarding a bid for furnishing all labor, supplies, materials and equipment for repairing the fuel island canopy and the wash bay building at the Fleet Maintenance facility to Cleveco Construction of Lumberton in the total amount of$44,500. The structures were damaged by Hurricane Rita, and need to be replaced. The scope of work includes replacement of the damaged materials on the fuel canopy roof,and replacement of the damaged metal components on the end-wall of the ash bay building. The completion time is estimated to be 45 days, and work will commence in late January. Due to the nature of the damage, funding for this project will be reimbursed from property insurance proceeds. Councilmember Smith made a motion to APPROVE RESOLUTION 06-006 THAT THE BID SUBMITTED BY CLEVECO CONSTRUCTION OF LUMBERTON, TEXAS, FOR REPAIRS TO THE FUEL ISLAND CANOPY AND WASH BAY BUILDING AT THE FLEET MAINTENANCE FACILITY IN THE AMOUNT OF$44,500.00 BE ACCEPTED BY THE CITY OFBEAUMONT. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU,AMES AND PATTERSON NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE COUNCILMEMBER BEAULIEU - NONE Page 5 of 6 Minutes-January 10,2006 COUNCILMEMBER AMES - NONE MAYOR PRO TEM SAMUEL- SUGGESTED THAT COUNCIL MEMBERS BECOME INVOLVED IN THE BUILDING OF A HABITAT HOME COUNCILMEMBER PATTERSON - NONE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR GOODSON - DISCUSSED REHABILITATION OF HOUSING PROGRAMS INCLUDING A NEW GROUP FROM HOUSTON CALLED REBUILDING TOGETHER WHICH REHABILITATES EXISTING HOMES AND WOULD LIKE TO DO SIX TO EIGHT HOMES IN JEFFERSON COUNTY; SEVERAL OTHER NEW HOUSING CONSTRUCTION IS ALSO BEING CONSTRUCTED; HABITAT IS LOOKING FOR SOME NEW OR LOW COST PROPERTIES Public Comments (Persons are limited to three minutes) None Open session of meeting recessed at 2:10 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: City of Crockett Texas vs CenterPoint Energy Entex, Center Point Energy Resources Corp. Michael Charles, et al v. City of Beaumont, et al There being no action taken in Executive Session, Council adjourned. Audio p are av ' able upon request in the City Clerk's Office. "`Ip,EABMp Guy N. Good n, Mayor ��C i V �:-6x i w. •..., � Rose Ann Jones, TRUPIC City Clerk Page 6 of 6 Minutes-January 10,2006