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Home My WebLink AboutMIN NOV 23 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 November 23,2004 Audwin Samuel 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 November 23,2004, atthe City Hall Council Chambers,801 Main Street,Beaumont,Texas,at 1:30 p.m.to considerthe following: OPENING * Invocation Pledge of Allegiance Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 6-10/Consent Agenda * Consent Agenda Mayor Lord called the council meeting to order at 1:30 p.m. Reverend James Blackwell of the South Park Baptist Church 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 Lord, Mayor Pro Tern Ames,Councilmembers Smith,Beaulieu, Cokinos, Patterson and Samuel. Also present were Kyle Hayes,City Manager;Tyrone Cooper,City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions "Cardinal Lights Day" - December 2, 2004 Proclamation read by Councilmember Samuel; accepted by the following from Lamar University: Dizorsha Jefferson, President, Student Government Association;Robbie Waters,Chairman,Cardinal Lights;Karen Thomas, Director, Student Setzer Center "Winter Wonderland Day" - December 4, 2004 - Proclamation read by Councilmember Beaulieu; accepted by Christmas Holiday Parade Committee Public Comment: Persons may speak on scheduled agenda items 6-10/Consent Agenda. None CONSENT AGENDA * Approval of minutes- Minutes of November 16, 2004 * Confirmation of committee appointments - None Minutes-November 23,2004 A) Approve a resolution certifying that the Small Business Revolving Loan fund (RLF) plan is consistent with and supportive of the area's current economic adjustment strategy;and the RLF is being operated in accordance with the policies and procedures contained in the RLF Plan and the loan portfolio meets the standards contained therein - Resolution 04-273 B) Approve a resolution authorizing the settlement of the lawsuit styled Gerald Cerda v City of Beaumont - Resolution 04-274 CouncilmemberCokinos moved to approve the CONSENTAGENDA. Council member Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density)to GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 3250 Glenwood Street -Ordinance 04-094 Administration recommended approval of a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density)to GC-MD(General Commercial-Multiple Family Dwelling) District for property located at 3250 Glenwood Street. James B. Davis, the property owner, is requesting a zone change for the property located at 3250 Glenwood. Mr. Davis has operated a car repair shop at this location for six years. At a Joint Public Hearing held November 15, 2004,the Planning Commission voted 7:0 to approve a zone change from RM-H (Residential Multiple Family Dwelling- Highest Density)to GC-MD(General Commercial-Multiple Family Dwelling) District for property located at 3250 Glenwood Street. Councilmember Smith moved to ADOPT ORDINANCE 04-094 TO AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED AT 3250 GLENWOOD STREET, BEAUMONT, TEXAS, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Mayor Pro Tern Ames seconded the motion. Page 2 of 11 Minutes-November 23,2004 AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 2. Consider approving a request fora zone change from RCR(Residential Conservation and Revitalization)to GC-MD(General Commercial-Multiple Family Dwelling)District for property located at 995-997 Avenue B Administration recommended denial of a zone change from RCR (Residential Conservation and Revitalization) to GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 995-997 Avenue B. Jesus Gonzales,the propertyowner,is requesting a zone change from RCR to GC-MD for property located at 995-997 Avenue B. The property is currently vacant. Mr. Gonzales states that the purpose of the rezoning is to operate a tire and auto repair shop on the subject property. At a Joint Public Hearing held November 15, 2004,the Planning Commission voted 7:0 to deny a zone change from RCR(Residential Conservation and Revitalization)to GC-MD(General Commercial-Multiple Family Dwelling)District ora more restrictive district for property located at 995-997 Avenue B, but waive the 12 month waiting period should the applicant choose to apply for a specific use permit. Councilmember Smith made a motion TO DENY THE REQUEST FOR A ZONE CHANGE FROM RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION)TO GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED AT 995- 997 AVENUE B, WAIVING THE 12 MONTH WAITING PERIOD FOR A SPECIFIC USE PERMIT. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 3. Consider approving a request for a zone change from RS(Residential Single Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 270 E. Chapin - Ordinance 04-093 Administration recommended approval of a zone change from RS(Residential Single Family Dwelling)to GC-MD(General Commercial-Multiple Family Dwelling) District for property located at 270 E. Chapin Page 3 of 111 Minutes-November 23,2004 W.V.Travis,the property owner, is requesting this zone change from RS to GC-MD for property located at 270 E. Chapin. The property consists of one lot occupied by a vacant house and a vacant lot. Mr.Travis states thatthe proposed use of the property will be the retail sale of new and used outboard motors and boats. At a Joint Public Hearing held November 15, 2004,the Planning Commission voted 7:0 to approve a zone change from RS(Residential Single Family Dwelling)to GC-MD (General Commercial-Multiple Family Dwelling)District for property located at 270 E. Chapin. Councilmember Beaulieu made a motion to APPROVE ORDINANCE 04-093 AMENDING CHAPTER30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 270 E. CHAPIN, BEAUMONT,JEFFERSON COUNTY,TEXAS;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 4. Consider approving a request fora specific use permit to allow a mother-in-law/guest quarters in an RS(Residential Single Family Dwelling)District for property located at 2098 Briarcliff- Ordinance 04-094 Administration recommended approval of a specific use permit to allow a mother-in- law/guest quarters in an RS(Residential Single Family Dwelling)District for property located at 2098 Briarcliff subject to the quarters not being used for rental purposes. Barbara J.Ward,the owner, is requesting a specific use permit to allow the existing garage at the rearof 2098 Briarcliff to be converted into mother-in-law/guest quarters. At a Joint Public Hearing held November 15, 2004,the Planning Commission voted 7:0 to approve a specific use permit to allow a mother-in-law/guest quarters in an RS (Residential Single Family Dwelling) District for property located at 2098 Briarcliff subject to the quarters not being used for rental purposes. Councilmember Smith made a motion to APPROVE RESOLUTION 04-094 ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW MOTHER-IN-LAW/GUEST QUARTERS IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT LOCATED AT 2098 BRIARCLIFF IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL Page 4 of 11 Minutes-November 23,2004 NAYS: NONE MOTION PASSED 5. Consider approving a request for a specific use permit to allow a cellular telephone transmission tower in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 4151-65 Gladys Administration recommended denial of a specific use permit to allow a cellular telephone transmission tower in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 4151-65 Gladys. LA Unwired,the applicant,is requesting a specific use permitto allowthe construction of a cellular telephone transmission tower at 4151-65 Gladys. The facility would include a 150'tall monopole tower and related equipment all within a fenced enclosure. Of most concern are the negative effects these towers might have on nearby residential areas. While this property and the neighboring properties to the east,west and north are zoned GC-MD, the general area is residential in nature. The 20% Rule applies to this request. 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. At a Joint Public Hearing held November 15, 2004,the Planning Commission voted 5:2 to approve a specific use permit to allow a cellular telephone transmission tower in a GC-MD District for property located at 4151-65 Gladys, subject to the following conditions: 1. The towerwill be of stealth-type construction resembling a flag pole but without the flag. 2. An 8'tall wood screening fence and a 10'wide landscape strip with shrubs and trees 8' tall when planted will be required on all four sides. 3. The tower shall not be in excess of 130' tall 4. The facility will be constructed to allow for the co-location of other carriers. COuncilmember Beaulieu made a motion to DENY GRANTINGASPECIFIC USE PERMITTO ALLOW A CELLULAR TELEPHONE TRANSMISSION TOWER IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT LOCATED AT 4151-65 GLADYS IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, AND COKINOS NAYS: COUNCILMEMBERS PATTERSON AND SAMUEL MOTION PASSED Page 5 of 11 Minutes-November 23,2004 6. Consider approving a request to abandon the west 10'of a 20'wide utility easement being the east 20'of Lots 26 and 27, Block 15, Calder Place Addition at 580 and 590 24th Street - Ordinance 04-095 Administration recommended approval of the request to abandon the west 10'of a 20' wide utility easement being the east 20' of Lots 26 and 27, Block 15, Calder Place Addition at 580 and 590 24th Street. The City of Beaumont has a 20'wide utility easement which is the east 20'of Lots 26 and 27, Block 15, Calder Place Addition. The easement was created to accommodate a sewer line and an underground septic tank. The septic tank was abandoned and the City now maintains a 6"sanitary sewer line which is located in the east 10' of the 20' wide easement. This request concerns the west 10' of the easement. This item was sent to all interested parties and no objections were received. Councilmember Smith made a motion to APPROVE ORDINANCE 04-095 ENTITLED AN ORDINANCE ABANDONING THE WEST 10'OF A20'WIDE GENERAL UTILITY EASEMENT BEING THE EAST 20'OF LOTS 26 AND 27,BLOCK 15,CALDER PLACE ADDITION AT 580 AND 590 24TH STREET IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 7. Consider approving a contract between the City of Beaumont and the Beaumont Community Housing Development Organization (BCHDO) - Resolution 04-275 Administration recommended that City Council authorize the City Managerto execute a contract with the Beaumont Community Housing Development Organization (BCHDO) in the amount of $101,982 for down payment/closing cost assistance, developer's fee and costs for new housing construction at 2895 Wilson Street. City Council Resolution #01-253 authorized a contract with the Southeast Texas Community Development Corporation,Inc.("SETCDC")forcosts associated with new housing construction at 2895 Wilson Street. SETCDC wishes to have BCHDO complete construction of the home and close the propertywith an eligible home buyer. Funding is available from the 1999 HOME Program ($28,500) and 2003 ($73,482) HOME Program. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 04-275 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT BETWEEN THE CITY OF BEAUMONT AND THE BEAUMONT COMMUNITY HOUSING DEVELOPMENT Page 6 of 11 Minutes-November 23,2004 ORGANIZATION (BCHDO) IN THE AMOUNT OF$101,982 FOR DOWN PAYMENT/CLOSING COSTASSISTANCE,DEVELOPER'S FEE AND COSTS FOR NEW HOUSING CONSTRUCTION AT 2895 WILSON STREET. Councilmember Samuel seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 8. Consider approving the purchase of a tractor for use in the Parks Division - Resolution 04-276 Administration recommended the award of a bid to Oil City Tractors, Inc. of Beaumont in the amount of$57,990 for the purchase of one (1)two wheel drive tractor with an articulated boom mower attachment for the Parks and Property Services Division. The 80 HP tractor will be used by the Parks and Property Services Division to mow ditches and canal banks throughout the City. Currently, the Parks and Property Services Division maintains approximately 336 acres of outfall ditches. The ditches are maintained monthly by a crew of three Park Division employees. This tractor will replace unit 4243, a 1988 Ford tractor equipped with an extended mower. Warranty service will be provided by Oil City Tractors, Inc. The tractor is warranted for twenty-four months and a twelve month warranty is provided for the mower. Funds are available in the Capital Reserve Fund for this equipment. Councilmember Smith made a motion to APPROVE RESOLUTION 04-276 THAT THE BID IN THE AMOUNT OF $57,990 SUBMITTED BY OIL CITY TRACTORS, INC., BEAUMONT, TEXAS, FOR THE PURCHASE OF (1)TWO-WHEEL DRIVE TRACTOR WITH AN ARTICULATED BOOM MOWER FORTHE PARKS AND PROPERTY SERVICES DIVISION BE ACCEPTED BYTHE CITY OF BEAUMONT. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 9. Consider approving a resolution authorizing the City Managerto increase the Bunn's Bluff Canal--Levee Improvement Project amount for"extra work"-Resolution 04-277 Administration recommended approval of a contract change with Brystar Contracting, I nc. by increasing the contract amount by$506,742 to perform"extra work"needed to Page 7 of 11 Minutes-November 23,2004 dredge the main water intake from the Neches River at Bunn's Bluff and to dredge the water hyacinth from cells 6, 7 and 8 at the Wetlands. The existing intake at Bunn's Bluff that supplies the Citywith its surface waterwas built in 1915 and requires dredging approximately every 30 years. The silt and sand built up at the intake effects the quantity and quality of watertaken from the Neches River and must be dredged. The water hyacinth at the Wetlands has bloomed in large quantities this summer covering 70 percent of cells 6, 7 and 8. Their removal is essential for meeting the ammonia discharge requirements during the winter months mandated by the State. Funds for the project are available in the Capital Improvements Fund. Councilmember Cokinos made a motion to APPROVE RESOLUTION 04-277 THAT THE CITY MANAGER BE,AND HE IS HEREBY AUTHORIZED, TO EXECUTE CHANGE ORDER NO. 1 TO THE BUNN'S BLUFF CANAL - LEVEE IMPROVEMENT PROJECT IN THE AMOUNT OF $506,742 FOR"EXTRA WORK" NEEDED TO DREDGE THE MAIN WATER INTAKE FROM THE NECHES RIVER AT BUNN'S BLUFF AND TO DREDGE THE WATER HYACINTH FROM CELLS 6, 7 AND 8 AT THE WETLANDS THEREBY INCREASING THE CONTRACT AMOUNT TO $2,546,409. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 10. Consider amending Ordinance No. 04-079 relating to the structure located at 1955 Delaware - Ordinance 04-096 Administration recommended denial of the request to amend the condemnation order for the structure located at 1955 Delaware. Councilmember Samuel requeststhatthe condemnation orderforthe structure located at 1955 Delaware be reconsidered by Council to allow the property owner, Keith Dixon, to rehabilitate it. This structure was brought before City Council on September 28, 2004 with staff's recommendation of a raze order. The owner was enrolled in a work program in September2003 and received two extensions.All certified letters were mailed to Mr. Dixon's correct mailing address and all letters were returned unclaimed. The Administration recommended and Council approved a raze orderforthis structure on September 28, 2004. Page 8 of 11 Minutes-November 23,2004 Councilmember Samuel made a motion to APPROVE RESOLUTION 04-096 ENTITLEDAN ORDINANCE AMENDING ORDINANCE NO.04-079TO REMOVE THE STRUCTURE LOCATED AT 1955 DELAWARE FROMSECTION 1 ANDSECTION2ANDORDERTHATTHESTRUCTUREAT1955 DELAWARE STREET BE DEMOLISHED OR REPAIRED WITHIN 120 DAYS; PROVIDING FOR SEVERABILITY,AND PROVIDING FOR A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE COUNCILMEMBER BEAULIEU - WISHED EVERYBODY A WONDERFUL THANKSGIVING AND EXPRESSED HER THANKS FOR OUR ABILITY TO LIVE IN A FREE COUNTRY AND A BEAUTIFUL CITY LIKE BEAUMONT WITH A GREAT STAFF AND LEADERSHIP AND PEOPLE WHO SUPPORT US COUNCILMEMBER COKINOS - NONE MAYOR PRO TEM AMES - HAPPY THANKSGIVING TO OUR LISTENING AUDIENCE AND TO OUR FELLOW COUNCILMEMBERS AND STAFF COUNCILMEMBER SAMUEL- PUBLICALLY ACKNOWLEDGED AND THANKED ALL THOSE EMPLOYEES WHO WORK WITH AND FOR THE WATER AND SEWER DEPARTMENT; ASKED THE CITIZENS TO TAKE TIME TO THANK THOSE WHO WORK IN THIS DEPARTMENT BECAUSE THEYARE EXPOSED TO ALL TYPES OF HAZARDOUS CONDITIONS; ASKED THAT MORE ATTENTION BE PAID TO THE CLEANLINESS OF THE STERLING PRUITT CENTER; HAPPY THANKSGIVING TO ALL HIS COLLEAGUES AND TO ALL THE CITIZENS COUNCILMEMBER PATTERSON - THANKED THE COMMUNITY FOR THE ATTENDANCE, CONTRIBUTIONS AND SUPPORT OF THE L. L. MELTON YMCA GALA; CONGRATULATIONS TO THE COUNTY CLERK, CAROLYN GUIDRY AND CITY ATTORNEY,TYRONE COOPER; HAPPY THANKSGIVING TO ALL THE COUNCIL CORP, THE COMMUNITY AND TO THE EMPLOYEES WHO WORK AT CITY HALL Page 9 of 11 Minutes-November 23,2004 CITY MANAGER HAYES - HAPPY THANKSGIVING TO ALL; THANK YOU TO COUNCILMEMBER SAMUEL FOR ATTENDING THE WATER AND SEWER DEPARTMENT MEETING THIS MORNING; NO COUNCIL MEETING NOVEMBER 30; A SPECIAL THANK YOU TO THE MAYORAND BARBARAOTTO FORTHE PLANNING OF THE CHRISTMAS PARADE CITY ATTORNEY COOPER- A SPECIAL THANK YOU TO ALL THOSE WHO ATTENDED THE RECEPTION ON SATURDAY EVENING AND A HAPPY THANKSGIVING TO EVERYBODY MAYOR LORD- RECEIVED A THANK YOU FROMACITIZEN WHO STATED THAT 23RD STREET IN NOW THE MOST BEAUTIFUL STREET IN THE CITY; A SPECIAL THANK YOU TO FELLOW COUNCILMEMBERS WHO HAVE BEEN FILLING IN FOR ME DURING THIS BUSY SEASON Public Comments (Persons are limited to three minutes) Harred Haynes 4355 Arthur Beaumont TX Requested that Council consider an extension on his property located at 3515 Youngstown Open session of meeting recessed at 2:37 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Southeast Texas Community Development Corporation Claim of Kimberly Smith, Tori Smith, and Taylor Smith Penni Simonson, et al v. City of Beaumont City of Beaumont vs. House of Praise Deliverance Ministry, Inc. Consider matters related to employment,evaluation and duties of a public officeror employee in accordance with Section 551.074 of the Government Code: Municipal Magistrate Theodore Johns Chief Magistrate James McNicholas There being no action taken in Executive Session, Council adjourned. Page 10 of 11 Minutes-November 23,2004 Audio tapes are available upon request in the City Clerk's Office. Evelyn 0 Lord, Mayor — �-9,a 0" 2D�-� Rose A n Jones, T C � � �� City Clerk � �g INAO r7- � -AWL F �G Page 11 of 11 Minutes-November 23,2004