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MIN NOVEMBER 4 2003 i 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 November 4,2003 Audwin Samuel Lane Nichols, City Attorney Kyle Hayes, City Manager The City Council of the City of Beaumont, Texas, met in a regular session on November 4,2003, 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 Consent Agenda Mayor Evelyn Lord called the meeting to order at 1:30 p.m. Pastor Don Plott, of Voth First Baptist Church said the invocation. Councilmember Beaulieu led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk's Office. 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; Tina Broussard, City Clerk's Office. Proclamations, Presentations, Recognitions Councilmember Smith read a proclamation proclaiming November 2, 2003 through November 8,2003 as Radiologic Technology Week. Present to receive the proclamation was Carolyn Nicholas, Director of Herman Baptist School of Radiological Technology. Councilmember Patterson read a proclamation proclaiming the month of November,2003 as Adoption Awareness Month. Present to receive the proclamation was Mr. Thomas Sigee, President of the Black Adoption Council. Mayor Pro Tern Ames read a proclamation proclaiming the month of November, 2003 as National Diabetes Month. Present to receive the proclamation was Debra Williams and Sandra Henson. Mayor Lord read a proclamation proclaiming the week of November 7, 2003 through November 15, 2003 as Jefferson Theatre Celebration Week. Present to receive the proclamation was Joan Hathaway, Volunteer Chairperson and member of the Board of Directors of the Jefferson Theatre Preservation Society and J. Earl Brickhouse, Membership Chairperson and member of the Board of Directors of the Jefferson Threatre Preservation Society. MINUTES-NovEMSER4,2003 Public Comment: Persons may speak on scheduled General Business Agenda Items No. 1 , 8 and 9 or on the Consent Agenda. Dr. Carl Tyler 5230 Abilene Beaumont, TX Mr. Tyler addressed Council regarding Item No. 9 on the Agenda and asked that Council allow additional time to make the necessary repairs to the family home located at 1125 Van Buren owned by Mr. Alfred Arredondo. Aflred Arredondo 1125 Van Buren Beaumont, TX Mr. Arredondo addressed Council regarding Item No. 9 on the Agenda and requested that Council grant him additional time to make repairs to his home. Chris McDonald 2250 Grove St. Beaumont, TX Mr. McDonald addressed Council regarding Item No. 1 on the Agenda and asked that Council not approve the abandonment of a 430' section of Burt St. Tina Henslee 13425 Alaskan Dr. Beaumont, TX Ms. Henslee addressed Council regarding Item No. 9 on the Agenda and asked that Council allow additional time to make repairs to the property located at 1125 Van Buren. CONSENT AGENDA Approval of minutes - Minutes of October 28, 2003 Confirmation of committee appointments - Resolution 03-242 Beverly Hatcherwould be reappointed to the Martin Luther King, Jr. Parkway Commission. The current term would expire January 4, 2005. (Councilmember Lulu Smith) Beverly Hatcherwould be reappointed as Chairman of the Martin Luther King, Jr. Parkway Commission. The current term would expire November 3, 2004. (Mayor Evelyn M. Lord) A) Approve a resolution casting the City of Beaumont's votes (409) to C.L. Sherman for the Jefferson County Appraisal District Board of Directors - Resolution 03-243 B) Approve a request to authorize the City Manager to execute agreements with the Southeast Texas Family Resource Center for Kids in Motion Safe Haven ($34,212), College forTexans($1,830)and Computer Education($1,080),programs-Resolution 03- 244 C) Authorize the City Manager to execute all documents necessary to accept grant funds related to the "Safe and Sober S.T.E.P." Project - Resolution 03-245 Minutes-November 4,2003 Mayor Pro Tern Ames 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. GENERAL BUSINESS 1. Consider approving a request for the abandonment of a 430' section of Burt Street, abandonment of a general utility easement in Block F, Oakwood Addition and rededication of a 50' section of Fulton Avenue - Ordinance 03-083 As part of its continuing redevelopment of this several block area of the Charlton-Pollard Neighborhood, ExxonMobil is requesting an abandonment of a 430' section of Burt Street, the abandonment of a general utility easement in Block F, Oakwood Addition and relocation of a 50' section of Fulton Avenue. ExxonMobil owns all the property on either side of that 430' section of Burt Street. The Mobil Federal Credit Union has expressed concerns regarding access to theirfacility if Burt Street is abandoned. With the retention of the street, drainage and general utility easement,the City can ensure access to Mobil Federal Credit Union from Tagore and Burt Streets. The 50' section of Fulton Avenue that is to be rededicated was abandoned in June, 2003 as part of a larger abandonment request. At the time, it was thought that an individual lived in a house located on Lot 14, Block 16. However, it has since been discovered thatthe individual lives on Lot 13,thus necessitating the need to rededicate the 50' section of Fulton to provide access to that property. At a regular meeting held October 27, 2003, the Planning Commission voted 6:0:1 to approve the abandonment of a 430'section of Burt Street,abandonment of a general utility easement in Block F, Oakwood Addition and re-dedication of a 50' section of Fulton Avenue, subject to the retention of a general utility easement along Burt or move the utilities at the applicant's expense. Councilmember Beaulieu moved to approve ORDINANCE 03-083 TO CONSIDER APPROVING A REQUEST OF A GENERAL UTILITY EASEMENT IN BLOCK F, OAKWOOD ADDITION AND RE- DEDICATION OF A 50' SECTION OF FULTON AVENUE. Mayor Pro Tern Ames seconded the motion with conditions that the City will provide services to businesses inside the City. AYES: MAYORLORD,MAYOR PRO TEM AMES,COU NCILM EMBERS SMITH,BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED Minutes-November 4,2003 2. Consider approving a request for a zone change from RS (Residential Single Family Dwelling) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for the property at 2095, 2125, 2155 and 2175 S. Major Drive - Ordinance 03-084 A total of four property owners have applies for a zone change to GC-MD-2 or a more restrictive district for the properties located at 2095, 2125, 2155 and 2175 S. Major Drive. It is their desire to operate a variety of commercial businesses ranging from a pottery/crafts/lawn accessory hobby shop to a hair salon/massage therapy/health products store to a paralegal business to a gift shop/food service business. At a joint Public Hearing held October 27, 2003, the Planning Commission voted 6:1 to approve a request for a zone change from RS to GC-MD-2 District for the property at 2095, 2125, 2155 and 2175 S. Major Drive. COuncilmember Cokinos moved to approve ORDINANCE 03-084 CONSIDER APPROVING A REQUEST FOR A ZONE CHANGE FROM RS (RESIDENTIAL SINGLE FAMILY DWELLING)TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT FOR THE PROPERTY AT 2095, 2125,2155 AND 2175 S. MAJOR DRIVE. Councilmember Cokinos seconded the 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 zone change from RS (Residential Single Family Dwelling) to NC (Neighborhood Commercial) District for the property at 4490 Bob Street -Ordinance 03-085 Mohamed Ahmed is requesting a zone change for a 0.65 acre tract of land at 4490 Bob. The property is currently developed with a convenience store and barbershop. The convenience store and barbershop have been there for many years. A previous zoning study re-zoned this area for singe family residential uses. In February,2003, Mr.Ahmed came to the Cityto inquire about the possibility of expanding the barbershop. It was his desire to construct a 12' 6" x 14' addition on the rear of the building. The expansion would be used for restroom facilities. However, because the property is zoned RS he was unable to expand a legal non-conforming use. Mr. Ahmed is now requesting this zone change to allow him to proceed with his addition. At a joint Public Hearing held October 27, 2003, the Planning Commission voted 7:0 to approve a request for a zone change from RS to NC District for the property at 4490 Bob Street. Minutes-November 4,2003 Councilmember Patterson moved to approve ORDINANCE 03-085 To CONSIDER APPROVING A REQUEST FOR A ZONE CHANGE FROM RS (RESIDENTIAL SINGLE FAMILY DWELLING) TO NC (NEIGHBORHOOD COMMERCIAL) DISTRICT FOR THE PROPERTY AT 4490 BOB STREET. Councilmember Smith seconded the 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 a specific use permit to allow a real estate services/general offices in an RM-H(Residential Multiple Family Dwelling-Highest Density) District at 8155 Gladys - Ordinance 03-086 Pattie Merrill, the applicant and property owner, is wishing to construct a 4,000 sq. ft. building at 8155 Gladys at Galway. The primary tenant will be Homestead Realty, using approximately 1,600 sq.ft. In addition, at least two other lease space will be available. An insurance office will likely occupy one of those spaces. At a joint Public Hearing held October 27, 2003, the Planning Commission voted 7:0 to approve a specific use permit to allow a real estate services/general office in RM-H District at 8155 Gladys. Councilmember Cokinos moved to approve ORDINANCE 03-086 TO CONSIDER APPROVING A REQUEST FOR A SPECIFIC USE PERMIT TO ALLOW A REAL ESTATE SERVICES/GENERAL OFFICES IN AN RM-H(RESIDENTIAL MULTIPLE FAMILY-HIGHEST DENSITY)DISTRICT AT 8155 GLADYS. 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 5. Consider approving a request for a specific use permit to allow a mini-warehouse facility in a GC-MD(General Commercial-Multiple Family Dwelling)District at 9489 College Street -Ordinance 03-087 Brandon Hebert, the property owner, is requesting a specific use permit to allow for the construction of a mini-warehouse facility at 9489 College. This mini-warehouse facility will consist of 75 non-climate controlled units at approximately 8,500 sq. ft. of buildings. Minutes-November 4,2003 At a Joint Public Hearing held October 27, 2003, the Planning Commission voted 7:0 to approve a specific use permit to allow a mini-warehouse facility in a GC-MD District at 9489 College Street with the stipulation that the subject property drains to the ditch on College Street. Councilmember Smith moved to approve ORDINANCE 03-087 TO CONSIDER APPROVING A REQUEST FOR A SPECIFIC USE PERMIT TO ALLOW A MINI-WAREHOUSE FACILITY IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 9489 COLLEGE STREET. 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 church in an RS (Residential Single Family Dwelling) District on property located on the east side of Montrose Avenue, approximately 970' south of Brighton Street - Ordinance 03-088 The Linson Street Church of God in Christ is requesting a specific use permit to allow it to construct a 6,000 sq. ft. church building and related parking on Montrose Avenue, south of Brighton Street. At a Joint Public Hearing held October 27, 2003, the Planning Commission voted 6:1 to approve a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District on property located on the east side of Montrose Avenue,approximately 970' south of Brighton Street, subject to the following the following conditions: 1. As per parking calculations, seating capacity shall not exceed 312 seats. 2. Drainage plans shall be submitted to and approved by the City Engineer. The 20% rule is in effect, the City Council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a Specific Use Permit where a protest against such change, signed by the owners or twenty(20)percent or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by the favorable vote of three fourths (3/4) of all the members of the City Council. This means that in order to approve a zone change or specific use permit when the 20% rule has been invoked at least six Council members must vote in favor of the Ordinance. Councilmember Cokinos moved to approve ORDINANCE 03-088 TO CONSIDER APPROVING A REQUEST FORASPECIFIC USE PERMITTO ALLOW ACHURCH IN AN RS(RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT ON PROPERTY LOCATED ON THE EAST SIDE OF MONTROSE AVENUE, APPROXIMATELY 970' SOUTH OF BRIGHTON STREET. Mayor Pro Tern Ames seconded the motion. Minutes-November 4,2003 AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 7. Consider approving a request for a specific use permit to allow a parking lot in an NC (Neighborhood Commercial) District at 3225 Park Street - Ordinance 03-089 Douglas Hill, owner of Rosewood Store, is requesting a specific use permit to allow the parking of two commercial vehicles at 3225 Park. This request is similar to one request by Roosevelt Frank at the southeast corner of Harriot and Ector. At a Joint Public Hearing held October 27, 2003,the Planning Commission voted 6:0:1 to approve a specific use permit to allow a parking lot in an NC District at 3225 Park Street with a modification of the landscaping/screening requirements along the east and south sides of the subject property and limit the number of commercial vehicles to two. Councilmember Samuel moved to approve ORDINANCE 03-089 To CONSIDER APPROVING A REQUEST FOR A SPECIFIC USE PERMIT TO ALLOW A PARKING LOT IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT AT 3225 PARK. Councilmember Patterson seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 8. Consider approving a requestto amend a contract with the Beaumont Community Housing Development Organization Inc., (BCHDO) - RESOLUTION 03-246 The Administration recommends that City Council authorize the City Manager to approve an amendment to a $152,500 contract with the Beaumont Community Housing Development Organization in the amount of$32,200 to cover increased construction costs in order to conform to new code enforcement requirements, and the adjustments in homebuyer down payment subsidies. As per Resolution 03-122 dated June 10, 2003, the Beaumont Community Housing Development Organization (BCHDO)was awarded a contract in the amount of$152,500 for cost associated with the construction of three (3) new scattered site homes in low/moderate income neighborhoods. The passage of Texas House Bill 730 (1-113730), which establishes a 10-yearwarrantyfor structural components in new housing contruction, has resulted in an increase in the cost of construction and the down payment subsidy Minutes-November 4,2003 needed to keep the home affordable to the low/moderate income home buyer. The attached table provided a breakdown of the additional funds requested. Funds are available from 2001 HOME funds. Councilmember Smith moved to approve RESOLUTION 03-246 TO CONSIDER APPROVING A REQUEST TO AMEND A CONTRACT WITH THE BEAUMONT COMMUNITY HOUSING DEVELOPMENT ORGANIZATION, INC., (BCHDO) Councilmember Patterson seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 9. Consider amending Ordinance No. 03-029 relating to the structure located at 1125 Van Buren - Ordinance 03-090 At the request of Councilmember Audwin Samuel, Administration recommends that Council review detailed information related to the structure located at 1125 Van Buren and consider allowing the property owner to rehabilitate it. This structure was presented before City Council on April 22, 2003 with the recommendation of a raze or repair order. The property owner was given 120 days to complete the repairs or have a substantial amount of repairs completed. The property owner did not do either so the structure was condemned and the final notification was mailed to the owner for non-compliance with council order. If Council grants a time period for rehabilitation, staff will enroll the owner in a new work program and monitor the progress of work. If the structure is not brought up to code or substantial progress is not made within the specified time period, the structure will be demolished without any further notification to property owner or Council action. If Council does not grant more time, the structure will be demolished. Several questions were asked by Council regarding the repairs done to the structure. Councilmember Samuel moved to approve ORDINANCE 03-090 TO CONSIDER AMENDING ORDINANCE NO. 03-029 RELATING TO THE STRUCTURE LOCATED AT 1125 VAN BUREN. Councilmember Beaulieu seconded the motion with 90 days given to make the necessary repairs to the structure, also a stipulation that no utility lines be hooked up from any utility poles illegally that is not done by a professional. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: COUNCILMEMBER SMITH Minutes-November 4,2003 MOTION PASSED WORK SESSION Partnership of Southeast Texas (POST) Mayor Lord declared the Work Session open at 2:45 p.m. Mr. Steve Buser, President/CEO along with staff member Angie Cullagahan, and Barbara Knight, Chairman of the Partnership of Southeast Texas, discussed what the Partnership of Southeast Texas does. POST is a nonprofit corporation that works to develop regional efforts within nine counties to attract prospective clients and increase economic development. POST also helps existing businesses grow, prosper and retain jobs. POST builds partnerships with local Chambers, economic development entities, and area municipalities to attract new business. POST created a regional tourism web site to promote the tourism industry in South East Texas called fun365days.com.Also POST has the Big 9 Directory, one of the most successful ventures, which is now on line. Council did have several questions for Mr. Buser. Mayor Lord thanked Mr. Buser and his staff for the presentation and requested that the information that Council has requested be sent to Councilmember Patterson as soon as possible. Mayor Lord closed the Work Session at 3:15 p.m. COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH ANNOUNCED THAT THE GRAND RE-OPENING FOR THE JEFFERSON THEATRE WOULD BE FRIDAY, NOVEMBER 7,2003. COUNCILMEMBER BEAULIEU APPLAUDED THE MAIN STREET ROLL IN THE PROJECT FOR THE JEFFERSON THEATRE,THE OUTSTANDING WORK THAT CAROLYN HOWARD PLAYED AND EVERYONE ELSE THAT WORKED HARD TO MAKE THIS HAPPEN. COUNCILMEMBER COKINOS - NONE MAYOR PRO TEM AMES REQUESTED THAT STEVE RICHARDSON,DIRECTOR OF PLANNING ASK THE CITY ENGINEER TO MAKE SURE THAT WHEN PLANS ARE REVIEWED THAT THE DRAINAGE WILL NOT AFFECT THE SURROUNDING AREAS,AND IF SO THAT THEY KEEP GOING BACK UNTIL THAT GOAL IS ACCOMPLISHED. COUNCILMEMBER SAMUEL- NONE Minutes-November 4,2003 COUNCILMEMBER PATTERSON ANNOUNCED THAT THE BLACK ADOPTION COUNCIL WILL BE HOSTING ITS ANNUAL"FOREVER HOME"BANQUET ON FRIDAY, NOVEMBER 7,2003 AT 7:00 P.M. AT THE BEAUMONT PLAZA HOLIDAY INN. COUNCILMEMBER PATTERSON ALSO ANNOUNCED THAT THE L.L. MELTON YMCA IS HOSTING ITS "TRIBUTE TO SUCCESS" GALA ON THURSDAY, NOVEMBER 6, 2003 AT THE BEAUMONT PLAZA HOLIDAY INN AT 6:30 P.M.,TICKETS WILL BE $25.00. CITY MANAGER KYLE HAYES - NONE CITY ATTORNEY LANE NICHOLS STATED THAT CITY HALL WILL BE CLOSED NEXT TUESDAY IN OBSERVANCE OF VETERANS DAY AND THERE WILL BE NO CITY COUNCIL MEETING. MAYOR LORD STATED THAT BEAUMONT IS A NON-ATTAINMENT AREA,AND ALSO SUFFERS FROM A BAD ODOR THAT IS COMING WITH THE NORTH WIND, AND WHAT STEPS CAN BE TAKEN TO PREVENT IT. SHE ASKED THE CITY MANAGER IF HE WOULD PROVIDE HER WITH A REPORT. Public Comments (Persons are limited to three minutes) Leroy Harris 955 Spruce Mr. Lewis addressed council regarding vehicles removed from his property that has been demolished. Patrick Donart 1550 Montrose Mr. Donart addressed council regarding Item No. 6 on the agenda, and asked council to look at the specific use permit for the church that is going to be built on the east side of Montrose Ave. H.J. Brockhoeft 1520 Montrose Mr. Brockhoeft addressed council regarding Item No. 6 on the agenda, opposing council approving this item to have a church built on the east side of Montrose Ave. Audio tapes are available upon request in the City Clerk's Office. There being no further business, the meeting adjourned at 3:50 p.m. Mayor Evelyn L rd City Clerk's Office Minutes-November 4,2003