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Home My WebLink AboutMIN APR 04 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 April 4, 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 April 4,2006, 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 Public Comment: Persons may speak on scheduled agenda items2-4/Consent Agenda Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Reverend Curtis J. Guillory, Bishop of Beaumont, Diocese of Beaumont gave the invocation. Mayor Pro Tem Samuel led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. MOMENT OF RESPECT FOR WEST BROOK HIGH SCHOOL STUDENTS At this time, each City Council Councilmember had an opportunity to comment on the recent tragedy of the West Brook High School Girls Soccer Team bus accident which occurred on March 29, 2006. Two girls, senior Alicia Bonura and sophomore Ashley Brown died and Devin Martingale lost her left arm and several others received substantial injuries and are still being treated. The City will recognize these students in our Commemorative Garden at River Front Park in the near future. Present at the meeting were Mayor Goodson, Mayor Pro Tem Samuel, Councilmembers Smith, Beaulieu,Ames and Patterson; Absent: Councilmember Cokinos. Also presentwere Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions "Child Abuse Prevention Month in Beaumont" - April 2006 - Proclamation read by Councilmember Beaulieu; accepted by Members of the 2006 Child Abuse Coalition "National Parkinson's Disease Month in Beaumont" - April 2006 - Proclamation read by Mayor Goodson; accepted by Jo Culbertson and Members of the local Parkinson's Support Group of Southeast Texas Minutes-April 4,2006 Public Comment: Persons may speak on scheduled agenda items 2-4/Consent Agenda. None CONSENT AGENDA Approval of minutes - Minutes of March 28, 2006 Confirmation of committee appointments - None A) Authorize an application for, and acceptance of, new funding forthe Southeast Texas Auto Theft Task Force - Resolution 06-097 B) Authorize the Convention & Visitors Bureau and their Advisory Committee to participate in the `Adopt A Highway' Program with Texas Department of Transportation - Resolution 06-098 Councilmember Ames made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU,AMES AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4345 Eastex Freeway - Ordinance 06-020 The Administration recommends approval of a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4345 Eastex Freeway. Frederick J. Smith, Jr. has applied for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District. The property is located at 4345 Eastex Freeway. The night club will not provide "adult entertainment". Proposed hours of operation will be 9 p.m. - 2 a.m., Tuesday - Sunday. The applicant states that the club will cater to adults 30 years and older. In March, 2004, the original specific use permit was rescinded because that night club began providing adult entertainment which was in violation of the original specific use permit. At the meeting of March 28, 2006, City Council deferred action for one week and asked staff to investigate a number of issues pertaining to this item. Page 2 of 7 Minutes-April 4,2006 The original application for Club Fusion was submitted on January 25, 2002. It listed Jerry Jones as the applicant and property owner. The current application lists Frederick J. Smith, Sr. as the applicant and Jerry Jones as the property owner. On March 28, 2006, the Planning Manager spoke with Jerry Jones and he stated that he and Gradey Caldwell are the owners of the property. Mr. Jones stated that he will not be involved with the day-to-day operations of the club. The Tax Roll lists Eastex Square, Inc. as the owner of the property. Jones and Caldwell are Eastex Square, Inc. Mr. Jones stated that he signed the current application. The Planning Manager had recommended approval to the Planning Commission subject to the following conditions: • Limit the occupancy to a maximum of 240 persons or obtain approval of a special exception to the parking requirements from the Zoning Board of Adjustment. • No adult entertainment will be permitted. At a Joint Public Hearing held March 20, 2006, the Planning Commission voted 7:0 to deny a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling). Following discussion, it was recommended to approve the request subject to the recommended limitations. Mayor Pro Tern Samuel made a motion to ADOPT ORDINANCE 06-020 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 4345 EASTEX FREEWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AMES AND PATTERSON NAYS: NONE MOTION PASSED 2. Consider approving a resolution to accept the Virginia Street Pavement Improvement Project, approve Change Order No. 3 and authorize Final Payment in the amount of $191,163.39 to W. B. Construction and Sons, Inc. - Resolution 06- 099 Administration recommends acceptance of the Project, approval of Change Order 3 in the amount of($50,393.20)and authorize Final Payment to W. B. Construction and Sons, Inc. in the amount of $191,163.39. On March 16, 2004,the City Council awarded W. B. Construction and Sons, Inc.the contract for the Virginia Street Pavement Improvement Project for the amount of $2,598,065.77. Change Order No. 1 was issued authorizing the contractor to construct sidewalks on both sides of Virginia Street and to remove and replace a Page 3 of 7 Minutes-April 4,2006 portion of the existing pavement on St. Louis Street. Change Order No. 2 reimbursed the contractor for renewal of the insurance for the duration of the additional work. Change Order No. 3 in the amount of ($50,393.20) is required to adjust the estimated quantities on the project to reflect the actual quantities used during the performance of the project. This change order will decrease the contract amount to $2,733,972.57. The MBE participation for this project is not required due to the contractor being a certified minority contractor. Project is funded as a part of the Capital Program. Councilmember Patterson made a motion to APPROVE RESOLUTION 06-099THATTHE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NUMBER 3 DECREASING THE CONTRACT AMOUNT BY ($50,393.20 FOR A TOTAL AMOUNT OF $2,733,972.57 FOR THE VIRGINIA STREET IMPROVEMENT PROJECT AND FURTHER RESOLVED THAT THE PROJECT BE AND THE SAME IS HEREBY ACCEPTED AND THE CITY MANAGER IS HEREBY AUTHORIZED TO MAKE FINAL PAYMENT IN THE AMOUNT OF $191,163.39 TO BE PAID TO W. B. CONSTRUCTION AND SONS, INC. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AMES AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider approving an ordinance allowing for an additional six (6) months for the parking, use and occupancy of recreational vehicles and travel trailers on residential property as temporary living quarters by property owners while the damage to these properties caused by Hurricane Rita is being repaired - Ordinance 06-021 The Administration recommends approval of an ordinance allowing for an additional six (6) months for the parking, use and occupancy of recreational vehicles and travel trailers on residential property as temporary living quarters by property owners while the damage to these properties caused by Hurricane Rita is being repaired. Due to extensive property damage caused by Hurricane Rita, on October 11, 2005, City Council approved Ord. No. 05-078 which allows residents to park, use and occupy recreational vehicles and travel trailers on their properties while repairs to their homes are being made. This ordinance specified a time frame of six (6) months. However, due to many unresolved issues, there are still a large number of individual property owners who are unable to get back in their homes. Allowing the continued use of recreational vehicles and travel trailers as living quarters for an additional six (6) months would benefit those whose homes are still under construction. Page 4 of 7 Minutes-April 4,2006 At a Public Hearing held on October 11, 2005, the City Council approved Ord. No. 05-078 allowing for a period of six (6) months the parking, use and occupancy of recreational vehicles and travel trailers on residential property as temporary living quarters by property owners while the damage to these properties caused by Hurricane Rita is being repaired. Councilmember Beaulieu made a motion to ADOPT ORDINANCE 06-021 ENTITLED AN ORDINANCE EXTENDING FOR A PERIOD OF SIX (6) MONTHS THE PARKING, USE AND OCCUPANCY OF RECREATIONAL VEHICLES OR TRAVEL TRAILERS AS TEMPORARY LIVING QUARTERS ON RESIDENTIAL PROPERTY DURING THE PERIOD OF REPAIR OR RECONSTRUCTION OF DAMAGE TO PROPERTY CAUSED BY HURRICANE RITA; PROVIDING FOR SEVERABILITY;AND PROVIDING A PENALTY. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AMES AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider adopting a Tax Abatement Policy for the City of Beaumont - Resolution 06-100 The City of Beaumont's Tax Abatement Policy is adopted every two years by the City Council and was last adopted on April 6, 2004. The Administration worked with Beaumont Chamber of Commerce officials on the Policy two years ago whereby significant changes were proposed and adopted. Eligible business activities were expanded as well as the thresholds for capital investments and full-time jobs to be created. The Policy being recommended for adoption is unchanged from the existing Policy and is attached for your review. All applications are considered on a case-by-case basis. In determining how and with whom tax abatement will be utilized, the City will examine the potential return on the public's investment, including net jobs created,jobs retained, broadening of the tax base and competitive impact upon existing industries and businesses. Approval is contingent upon final consideration and action by the City Council. City Manager Hayes explained the difference between the Tax Abatement Policy and the In Lieu Agreement that we have with several industries in the area. Following discussion, Mayor Pro Tern Samuel made a motion to APPROVE RESOLUTION 06-100 THAT THE CITY COUNCIL HEREBY APPROVES THE ADOPTION OF THE CITY OF BEAUMONT'S TAX ABATEMENT POLICY AND PHILOSOPHY STATEMENT FOR TAX ABATEMENT AND PROGRAM FOR FINANCIAL INCENTIVES SUBSTANTIALLY IN THE FORM AS APPROVED. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AMES AND PATTERSON Page 5 of 7 Minutes-April 4,2006 NAYS: NONE MOTION PASSED WORKSESSION Receive report from Drainage District No. 6 A powerpoint presentation was given by Judge Richard LeBlanc and Doug Canant. This report included an up-to-date report of all the current projects and future projects. Most of these improvement projects are being funded by FEMA and supported by the City. These improvements should remove approximately 1000 homes from the flood zone. Public Comments (Persons are limited to three minutes) Daisy Skinner 3489 Waverly Beaumont TX Wanted to commend the Beaumont EMS service for their excellent response time and for the service she received Monday on a call for her great grand nephew; especially thankful to Chris and Miranda for their fine service Priscilla Hunt 3525 Westmoreland Beaumont TX Wanted some clarification on the project near Avenue A and the water waste diversion COUNCILMEMBER COMMENTS COUNCILMEMBER PATTERSON - IN LIGHT OF THE DD#6 PRESENTATION, IT IS TIME TO CALL ANOTHER TOWN HALL MEETING FOR HER WARD;THANK YOU TO DD#6 FOR THE FINE PRESENTATION AND ALL THE HELP THEY HAVE BEEN IN THE PAST; ALSO A SPECIAL THANK TO THE EMS STAFF ESPECIALLY CHRIS AND MIRANDA MAYOR PRO TEM SAMUEL - NONE COUNCILMEMBER AMES - APPRECIATION TO DD#6 FOR THEIR FINE PRESENTATION AND LOOK FORWARD TO MORE GOOD THINGS COUNCILMEMBER BEAULIEU - NONE COUNCILMEMBER SMITH - NONE CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE Page 6 of 7 Minutes-April 4,2006 MAYOR GOODSON - SPECIAL THANKS TO DOUG [CANANT] AND RICHARD [LEBLANC]FOR THEIR COLLABORATION EVEN THOUGH THE CITY WILL HAVE TO PROVIDE SOME OF THE FUNDING BUT IT WILL BE A MOST WORTHY ENDEAVOR TO GET THIS DONE; ONCE AGAIN SAD ABOUT THE EVENTS OF THIS LAST WEEK BUT DO APPRECIATE EVERYONE BEING HERE TODAY IN RECOGNITION OF THE WEST BROOK HIGH SCHOOL SOCCER TEAM AND WISH THEM ALL THE VERY BEST Open session of meeting recessed at 2:45 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: ACM Cities' Motion to Deny Centerpoint's Request for Declaratory Relief and Motion to Discuss Centerpoint's Petition for Review, GUD Docket No. 9630 Shane Landry v City of Beaumont There being no action taken in Executive Session, Council adjourned. Audio t pes r v II ble upon request in the City Clerk's Office. Guy N. Goodson, Mayor ' UMO �,,�1 A. Rose Ann Jones, TROD �d City Clerk Page 7 of 7 Minutes-April 4,2006