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HomeMy WebLinkAboutMIN SEP 28 2010 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr., Mayor Pro Tom BECKY AMES, MAYOR Gethrel Williams-Wright,At-Large Dr. Alan B. Coleman,Ward I CITY COUNCIL MEETING Nancy Beaulieu,Ward II Audwin Samuel, Ward III September 28,2010 Jamie Smith,Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on September 28, 2010, 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 7-9/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Edison Colbert of Paradise Baptist Church gave the invocation. Mayor Pro Tern Pate led the Pledge of Allegiance. Roll call was made by Stephanie Gandy, Deputy City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Pate, Councilmembers Coleman, Beaulieu,Wright, Samuel and Smith. Absent:Tina Broussard, City Clerk. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Stephanie Gandy, Deputy City Clerk. Proclamations, Presentations, Recognitions "Bark for Life Day" - October 2, 2010 - Proclamation read by Councilmember Beaulieu; accepted by Gay-Lynne Jones and Irene Ramirez with the American Cancer Society Recognition - Councilmember Coleman recognized Samson Lone Star, L.L.C. for it's completion of the Beaumont Youth Soccer Club road; accepted by Representatives from Samson Lone Star - Michael Coffield, VP of Business Development; Dwight Lumpkins, District Operations Manager; Kurt Primeaux,Regional Operations Manager; Hanna Taylor, Public Relations Coordinator; and Mike Zeto, Beaumont Youth Soccer Board Recognition - Mayor Pro Tern Pate welcomed Danny Wells, Councilmember of the City of Burton, MI and Jim Phelps with Michigan Safety Products,who is considering expanding his company to Beaumont Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on scheduled agenda items 7-9/Consent Agenda. None Minutes-September 28,2010 CONSENT AGENDA Approval of minutes - September 21, 2010 Confirmation of committee appointments - Resolution 10 - 247 Linda Cooper would be appointed to the Library Commission. The term would commence September 28, 2010 and expire September 27, 2012. (Councilmember Nancy Beaulieu) Kip Lamb would be reappointed to the Animal Health Advisory Committee. The current term would expire June 12, 2012. (Mayor Becky Ames) Patrick Gibbs would be reappointed to the Planning and Zoning Commission. The current term would expire July 10, 2013. (Councilmember Gethrel Williams-Wright) A) Approve a resolution to write-off uncollectible delinquent accounts totaling $58,997.19 - Resolution 10 -248 B) Approve a resolution to write-off uncollectible delinquent accounts totaling $9,867.92 - Resolution 10 -249 C) Authorize the City Manager to execute all documents necessary for the Beaumont Public Health Department to continue to purchase services and/or goods from the Department of State Health Services - Resolution 10 - 250 D) Authorize signatories for execution of documents related to the Waterworks and Sewer System Revenue Bonds, Taxable Series 2010B (Build America Bonds - Direct Payment to Issuer) - Resolution 10 -251 Councilmember Beaulieu made a motion to approve the Consent Agenda. Mayor Pro Tern Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District at 150 Lethia. Administration recommended approval of the specific use permit to allow a church in an RS (Residential Single Family Dwelling) District at 150 Lethia. Magnolia Missionary Baptist Church has applied for a specific use permit. Page 2 of 10 Minutes-September 28,2010 The purpose of the request is to allow the expansion of its church facility. The church would like to move a 14' x 40' building onto a vacant lot across the street from the main church building. The building currently sits on other church property. They have purchased the subject lot and would like to move the building onto that property. The building will be used for the following purposes: • Sunday school classes every Sunday morning • Vacation bible school classes, arts/ crafts facility • Tutorial and counseling facility (computer lab) for adults/youths • G.E.D. Progarm Preparation facility for church membership and community • G.R.A.C.E. (Giving Recovering Addicts and/or Others Change Environment) At a Joint Public Hearing held September 20, 2010, the Planning Commission voted 6:0:1 to approve a specific use permit to allow a church in an RS District at 150 Lethia, subject to the following conditions: • The building must meet the 25' front yard building setback, 5' side yard building setbacks and 25' rear yard building setback • Since the building is to be moved onsite, it will meet the State of Texas Industrialized Housing and Building standards and conform to Sec. 30-35.1 of the Zoning Ordinance. • An 8' tall wood screening fence shall be constructed along the west and south property lines of the subject property. The fence along the west property line of the subject property will be waived if Magnolia Missionary Baptist Church purchases Lot 3, Block 8, North First Addition by September 20, 2012. and with a modification to the landscaping requirement along the west and south property lines (no 10' landscape strip). Mayor Pro Tern Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT LOCATED AT 150 LETHIA IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 10 - 079 2. Consider a request for a specific use permit to allow a professional office in an RCR-H (Residential Conservation and Revitalization-Highest Density) District at 2524 Broadway. Administration recommended approval of the specific use permit to allow a professional office in an RCR-H (Residential Conservation and Revitalization-Highest Density) District at 2524 Broadway. Page 3 of 10 Minutes-September 28,2010 The Beaumont Teachers Association has applied for a specific use permit. The office will be used by the Board of Directors of the Association as their meeting place and to keep files. The 10 member board officially meets once a month. At a Joint Public Hearing held September 20, 2010 the Planning Commission voted 7:0 to approve a specific use permit to allow a professional office in an RCR-H District at 2524 Broadway. Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PROFESSIONAL OFFICE IN AN RCR-H(RESIDENTIAL CONSERVATION AND REVITALIZATION-HIGHEST DENSITY)DISTRICT LOCATED AT 2524 BROADWAY IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 10 - 080 3. Consider a request for a specific use permit to allow a vehicle storage and a paint and body shop in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4965 Wall Street. Administration recommended approval of the specific use permit to allow a vehicle storage and a paint and body shop in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4965 Wall Street. Southeast Texas Holdem Recovery, LP has applied for a specific use permit. It is the intent of the company to work on and store vehicles of Martin Motors and/or their customers' vehicles. An 875 sq.ft. addition to the existing building will be constructed. The paint and body shop will be housed within the building. At a Joint Public Hearing held September 20, 2010, the Planning Commission voted 7:0 to approve a specific use permit subject to the following condition: • If there is a discharge of water from drains or sumps, coordinate with Water Quality to discuss pre-treatment or grease and grit program. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A VEHICLE STORAGE AND A PAINT AND BODY SHOP IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT LOCATED AT 4965 WALL STREET IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Coleman seconded the motion. Page 4 of 10 Minutes-September 28,2010 AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 10 - 081 4. Consider a request for a specific use permit to allow a pre-owned auto sales and payday loan business in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 5710 Concord. Administration recommended approval of the specific use permit to allow a pre-owned auto sales and payday loan business in GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 5710 Concord. In August, City Council approved a zone change from RM-H to GC-MD-2. At that time, Nikolas Klironomos, the property owner, said that he would like to operate a used car lot and a payday loan business at the northwest corner of Concord and Gober. Mr. Klironomos states that he will be placing a 750 sq. ft. building on the property to be used for office space for the business. At a Joint Public Hearing held September 20, 2010, the Planning Commission voted 7:0 to approve a specific use permit to allow a pre-owned auto sales and payday loan business in a GC-MD-2 District at 5710 Concord, subject to the following conditions: • The applicant shall provide one ADA space with an accessibility aisle in the parking lot • Provide five trees along the Concord Road frontage • Since a building is being moved onsite, it will meet the State of Texas Industrialized Housing and Building Standards and conform to the Sec. 30-35.1 of the Zoning Ordinance Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PRE-OWNED AUTO SALES AND PAYDAY LOAN BUSINESS IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT LOCATED AT 570 CONCORD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 10 - 082 Page 5 of-10 Minutes-September 28,2010 5. Consider a request for a specific use permit to allow a plumbing contractor in a GC-MD (General Commercial-Multiple Family Dwelling) District at 605 and 780 S. 4" Street. Administration recommended approval of the specific use permit with a modification to the screening requirement(no 8'tall screening fence along the Fannin and San Jacinto street frontages). James Flowers for All Star Plumbing has applied for a specific use permit. Mr. Flowers will be moving his plumbing business into existing buildings on the subject property. He will use the rear of the property to park company vehicles and use for storage of materials. The rear of the property is surrounded by a 6'tall chain link fence. Along the Fannin and San Jacinto street frontages shrubs and crepe myrtles will be planted. At a Joint Public Hearing held September 20, 2010, the Planning Commission voted 7:0 to approve a specific use permit with a modification to the screening requirement (no 8' tall screening fence along the Fannin and San Jacinto street frontages). COuncilmember Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PLUMBING CONTRACTOR IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 605 AND 780 S.4T"STREET IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Council member Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 10 - 083 6. Consider a request for a specific use permit to allow a drive-thru restaurant in an NC (Neighborhood Commercial) District at the southeast corner of Delaware and Briarcliff. Administration recommended denial of the specific use permit. William H. Munro, IV, has applied for a specific use permit. Mr. Munro states that the operation of the restaurant will be seasonal and will coincide basically with crawfish season (January 1 -July 1). The restaurant will be housed in a 900 sq. ft. building and be open 4 p.m. - 9 p.m. weekdays and 11 a.m. - 9 p.m. weekends, depending upon availability. The restaurant will be strictly drive-thru with no eating facilities on the premises. At a Joint Public Hearing held September 20, 2010, the Planning Commission voted 7:0 to deny a specific use permit to allow a drive-thru restaurant in an NC (Neighborhood Commercial) District at the southeast corner of Delaware and Briarcliff. Page 6 of 10 Minutes-September 28,2010 Councilmember Coleman made a motion to DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRIVE-THRU RESTAURANT IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT LOCATED AT THE SOUTHEAST CORNER OF DELAWARE AND BRIARCLIFF IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION DENIED 7. Consider authorizing the City Manager to execute a contract for the MLK King Jr. Parkway Waterline Extension Project. Administration recommended approval of a contract with Simco, Enterprises, Ltd., of Groves in the amount of$483,712.00 The City of Beaumont Water Utilities Department provides water and wastewater services to the State and Federal prison complexes in Jefferson County. The area encompassing these facilities lies within the limits of the City's Water Certificate of Convenience and Necessity (CCN) as recorded with the Texas Commission on Environmental Quality (TCEQ). The proposed project will install 4,103 linear feet of new 12" water lines and related appurtenances along ML King Jr. Parkway. This will increase the pressure and volume available and loop the water system to provide a more reliable second water source to the prisons. In addition, the proposed project will repair a water leak on a 16" water line on West Port Arthur Road. Funds for the project are available in the Capital Program. Mayor Pro Tern Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH SIMCO ENTERPRISES , LTD., OF GROVES, TEXAS, IN THE AMOUNT OF $483,712.00 OF THE M. L. KING,JR. PARKWAY WATERLINE EXTENSION PROJECT. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 10 -252 8. Consider approving the purchase of three (3) dump trucks, a hot patch asphalt truck, and a double drum-roller for use by the Streets and Drainage Department. Administration recommended approval of the purchases in the total amount of $385,898.45. Page 7 of 10 Minutes-September 28,2010 The Streets and Drainage Department has assumed responsibility for concrete and asphalt repairs resulting from repairs and improvements made by the Water Utilities Department. An estimated one hundred (100) to one hundred forty (140) repairs are anticipated per month. Two new crews have been created in Streets and Drainage and dedicated to this work. The equipment purchases are needed to complete the jobs. Funds are available in the Water Fund. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF THREE(3)DUMP TRUCKS,A HOT PATCH ASPHALT TRUCK, AND A DOUBLE-DRUM ROLLER FOR USE BY THE STREETS AND DRAINAGE DIVISION THROUGH THE BUYBOARD COOPERATIVE PURCHASING PROGRAM IN THE AMOUNT OF $385,898.45. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 10 -253 9. Consider authorizing the City Manager to execute an Amendment to a Letter of Understanding with Union Pacific Railroad for the acquisition of property for the new Amtrak Station. Administration recommended City Council authorize the City Manger to execute an Amendment to the Letter of Understanding with Union Pacific Railroad to extend the closing date to November 5, 2010 for the acquisition of property for the new Amtrak Station. The American Recovery and Reinvestment Act of 2009 included funding of approximately $1.2 million for improvements to the current Amtrak location off of Cedar Street. Amtrak is planning to construct a new Shelter Station, new ADA compliant concrete platform and a station platform display sign. To complement the Amtrak Station improvements,the City will acquire the property for the station with the intention to construct a Police Substation and a parking lot. The owner of the property, Union Pacific Railroad, has agreed to sell approximately 4.64 acres for the appraised price of$1.50 per square foot. The initial closing date was set for October 1, 2010. The date is being extended to November 5, 2010,to allow time for Union Pacific Railroad to receive the design from Amtrak and process the required documents. Funds for the acquisition are available in the Capital Program. Councilmember Coleman made a motion to APPROVE ARESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AMENDMENT TO THE LETTER OF UNDERSTANDING WITH UNION PACIFIC RAILROAD AUTHORIZED ON JUNE 22,2010,BY RESOLUTION Page 8 of 10 Minutes-September 28,2010 NO. 10-168. TO EXTEND THE CLOSING DATE TO NOVEMBER 5, 2010. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 10 -254 COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - THANKED SAMSON LONE STAR, L.L.C. FOR THEIR CONTRIBUTIONS TO THE COMMUNITY, ENCOURAGED THE PUBLIC TO ATTEND THE TIE THE TOWN PINK CEREMONY ON THURSDAY, SEPTEMBER 30, 2010 AT 11:30 A.M. AND TO WALK FOR BARK FOR LIFE ON SATURDAY, OCTOBER 2, 2010, ALSO COMMENTED THAT LAMAR HAS A COME-BACK FOOTBALL GAME ON SATURDAY EVENING COUNCILMEMBER BEAULIEU - FURTHER ELABORATED ON THE GENEROSITY OF BEAUMONT'S CORPORATE CITIZENS,COMMENTED THAT IT'S GREAT TO HAVE OUT OF STATE VISITORS AND HOPES THEY COME BACK SOON COUNCILMEMBER WRIGHT- APPRECIATES ALL THE GOOD THAT IS DONE BY THE CORPORATE CITIZENS, COMMENTED ON THE INTERACTIVE PROGRAM BY M. D.ANDERSON ON TOBACCO PREVENTION AND CESSATION VIDEO GAMES AT THE MINNIE ROGERS JUVENILE JUSTICE FACILITY, THANKED REVEREND J. D. ROBERTS OF THE S.O.C. FOR ALL THAT HE AND ALL THE OTHER ORGANIZATIONS DO FOR THE YOUTH IN OUR COMMUNITY MAYOR PRO TEM PATE - REITERATED HIS APPRECIATION FOR SAMSON STEEL AND ALL THAT THEY DO, REMINDED EVERYONE THAT LAMAR BASEBALL COACH Jim GILLIGAN WILL BE HONORED BY HAVING A STREET NAMED FOR HIM ON WEDNESDAY, SEPTEMBER 29, 2010, ENCOURAGED EVERYONE TO GET OUT AND SUPPORT LAMAR UNIVERSITY COUNCILMEMBER SAMUEL- CONTINUES TO SUPPORT LAMAR UNIVERSITY,WIN, LOSE OR DRAW AND EXPECTS A VICTORY THIS WEEKEND, CONGRATULATED COACH JIM GILLIGAN AND STATED THAT HE IS A LEGEND COUNCILMEMBER SMITH - ANNOUNCED THE SOUTH PARK NEIGHBORHOOD ASSOCIATION WILL BE MEETING THURSDAY, SEPTEMBER Page 9 of 10 Minutes-September 28,2010 30,2010 AT 6:30 P.M.AT SOUTH PARK BAPTIST CHURCH, ENCOURAGED EVERYONE TO GO OUT FOR LAMAR FOOTBALL ON SATURDAY CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES- EXCITED ABOUT LAMAR FOOTBALL ON SATURDAY AND FOR COACH GILLIGAN, ATTENDED THE LAMAR CULINARY SCHOOL FUNDRAISER, WAS VERY IMPRESSED WITH WHAT THEY ARE DOING, THANKED MAYOR PRO TEM PATE FOR FILLING IN FOR HER ON BRINGING AN END TO PROSTATE CANCER AWARENESS MONTH IN SEPTEMBER AND THE KICKOFF OF BREAST CANCER AWARENESS MONTH IN OCTOBER DUE TO WORK, THANKED EVERYONE THAT CONTRIBUTES TO THE GIFT OF LIFE CAUSE Public Comments (Persons are limited to three minutes) None Open session of meeting recessed at 2:17 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Jacob Benfield v. City of Beaumont, Texas, et al Erik Kvarme, et al v. The City of Beaumont, Texas, et al There being no action taken in Executive Session, Council adjourned. Au Ao available upon requ st in the City Clerk's Office. Becky A s, Mayor ` i� Ste l5hanie and , Dep ity Clerk Page 10 of 10 Minutes-September 28,2010