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MIN JUN 28 2005 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 June 28, 2005 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 June 28,2005,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 7-8/Consent Agenda Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Pastor Robert Sanders of the St. Paul AME Church gave the invocation. Members of Beaumont Boy Scout Troup 65 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, Cokinos, Ames and Patterson. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled agenda items 7-8/Consent Agenda. None CONSENT AGENDA Approval of minutes - Minutes of June 21, 2005 Confirmation of committee appointments - None A) Authorize eminent domain proceedings to acquire Lot 7 of Block 9 of the Van Wormer Addition located at 845 Holmes Street for the Martin Luther King, Jr. Park-Resolution 05- 146 Minutes-June 28,2005 B) Authorize the acceptance of two(2)-ten foot(10')wide water line easements providing access for fire prevention services - Resolution 05-147 Councilmember Cokinos made a motion to approve the Consent Agenda. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS,AMES AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a request for a zone change from A-R(Agricultural-Residential) District to GC-MD-2(General Commercial-Multiple Family Dwelling-2)District and a specific use permit to allow medical and professional offices and a daycare center located on the south side of the Delaware Extension,approximately 106'northeast of Wilcox - Ordinance 05-055, Ordinance 05-056 Administration recommended approval of a zone change from A-R (Agricultural- Residential) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow medical and professional offices and daycare center located on the south side of the Delaware Extension, approximately 106'northwest of Wilcox along with the recommendations of the Planning Commission. Beaumont Property Investments,the applicant, is requesting a zone change from A-R to GC-MD-2 and a specific use permit to allow doctors' offices and professional offices and children's day care center. The proposed property is located on the south side of the Delaware Extension, approximately 106' northeast of Wilcox Lane. The proposed development on the property will include a4,800 sq.ft.,2 story structure that will house an optometrist on the first floor and a second story for tenant office space, a 3,200 sq. ft. single story dentist office and an 8,000 sq. ft. day care. At a Joint Public Hearing held June 20, 2005,the Planning Commission voted 7:0 to approve a zone change from A-R District to GC-MD-2 District and a specific use permit to allow medical and professional offices and a daycare center located on the south side of the Delaware Extension,approximately 106'northeast of Wilcox,subject to the following conditions: • Provide one multi-tenant sign. • No exposed metal wall panels shall be allowed on the daycare building. Page 2 of 10 Minutes-June 28,2005 Councilmember Beaulieu moved to ADOPT ORDINANCE 05-055 TO AMEND 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 A-R (AGRICULTURAL-RESIDENTIAL)DISTRICT TO GC-MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED ON THE SOUTH SIDE OF THE DELAWARE EXTENSION, APPROXIMATELY 106' NORTHEAST OF WILCOX, BEAUMONT, JEFFERSON COUNTY,TEXAS;PROVIDING FORSEVERABILITY;PROVIDING FOR REPEAL AND PROVIDING A PENALTY and to ADOPT ORDINANCE 05-056 ENTITLED AN ORDNANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MEDICAL AND PROFESSIONAL OFFICES AND A DAYCARE CENTER IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT LOCATED ON THE SOUTH SIDE OF THE DELAWARE EXTENSION IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, AMES AND PATTERSON NAYS: NONE MOTION PASSED 2. Consider approving a request for a zone change from RS(Residential Single Family Dwelling) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District at 1125 E. Lucas Drive - Ordinance 05-057 Administration recommended approval of a zone change from RS(Residential Single Family Dwelling) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District at 1125 E. Lucas Drive. Rosetta Jones, Executive Director of Statewide Consolidated CDC, Inc., is requesting this zone change so that they can build a 14 unit housing complex for persons with disabilities adjacent to the subject property. Atthis time, Ms.Jones is requesting this zone change forthe south 236'ofthe subject property so that the housing complex can be built without having to install the landscape strip along the west property line of 1005 E. Lucas. Eventual plans include building a similar complex for the disabled on the subject property, as well. At a joint Public Hearing held June 20, 2005, the Planning Commission voted 7:0 to approve a zone change from RS(Residential Single Family Dwelling)District to RM-H (Residential Multiple Family Dwelling-Highest Density)District at 1125 E. Lucas Drive. Councilmember Cokinos made a motion to ADOPT ORDINANCE 05-057 TO AMEND 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 Page 3 of 10 Minutes-June 28,2005 BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 1125 E. LUCAS DRIVE, BEAUMONT,JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, AMES AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider approving a request for a specific use permit to allow a drinking place in a GC-MD(General Commercial-Multiple Family Dwelling)District at 1801 Washington Boulevard. Administration recommended denial of a specific use permitto allow drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 1801 Washington Boulevard. Walter and Keith Broussard, the applicants, are requesting a specific use permit to allow a"Daiquiri King"at 1801 Washington Boulevard. The business would provide both seating for customers and a drive-through. Beer,wine,daiquiris,snow cones and snacks would be served. The Broussards estimate that 95%of their business will be drive-through. At a Joint Public Hearing held June 20, 2005,the Planning Commission voted 4:3 to deny a specific use permit to allow a drinking place in a GC-MD(General Commercial- Multiple Family Dwelling) District at 1801 Washington Boulevard. Mayor Pro Tern Samuel made a motion to DENY GRANTING ASPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 1801 WASHINGTON BOULEVARD, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, AMES AND PATTERSON NAYS: NONE ABSTAIN: MAYOR GOODSON (AFFIDAVIT ON FILE) MOTION PASSED Page 4 of 10 Minutes-June 28,2005 4. Consider approving a request for a specific use permit to allow a duplex in an RS (Residential Single Family Dwelling) District at 4625 and 4635 Corley Administration recommended denial of a specific use permit to allow a duplex in an RS (Residential Single Family Dwelling) District at 4625 and 4635 Corley. Sybil Comeaux,the applicant, is requesting a specific use permitto allow herto build an enclosed breeze way between her home at 4625 Corley and her mother's home which is under construction at 4635 Corley. The exterior of the two houses will have matching brick veneer. The addition between the two houses will include a sunroom, entry hallway and closet totaling 233 sq. ft. At a Joint Public Hearing held June 20,2005,the Planning Commission voted 7:0 to deny a specific use permit to allow a duplex in an RS (Residential Single Family Dwelling) District at 4625 and 4635 Corley. The "20% Rule" Section 30-40. D. of the Zoning Ordinance states the following: Protest:The City Council shall not amend,supplement,change, modify or repeal any regulation, restriction or boundary or approve a Specific Use Permitwhere a protest against such change,signed bythe owners of 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. On File 1786-P,a protest of 30.75%was received,therefore invoking the Rule on this case. COuncilmemberAmes made a motion tO DENYAREQUEST FORASPECIFIC USE PERMIT TO ALLOW A DUPLEX IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT 4625 AND 4635 CORLEY. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, AMES AND PATTERSON NAYS: NONE MOTION PASSED Page 5 of 10 Minutes-June 28,2005 5. Consider approving a request for a specific use permit to allow a residential care facility in an RM-H (Residential Multiple Family Dwelling-Highest Density)District at 2390 Cartwright - Ordinance 05-058 Administration recommended approval of a specific use permit to allow a residential care facility in an RM-H(Residential Multiple Family Dwelling-Highest Density)District at 2390 Cartwright. Delisa Williams with New Beginning Adult Care,the applicant,is requesting a specific use permit to allow a residential care facility at 2390 Cartwright. The subject property is the former site of the old Sprott Hospital. Ms. Williams states that the facility will provide 24 hour care for the elderly and disabled. The facility will accommodate up to ten individuals. In addition,the facility will provide an activities program for its residents. At a Joint Public Hearing held June 20,2005,the Planning Commission voted 7:0 to approve a specific use permit to allow a residential care facility in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 2390 Cartwright. Councilmember Smith made a motion to ADOPT ORDINANCE 05-058 TO GRANT A SPECIFIC USE PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY IN AN RM-H(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT, LOCATED AT 2390 CARTWRIGHT,IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS,AMES AND PATTERSON NAYS: NONE MOTION PASSED 6. Consider approving a request for a specific use permit to allow an auto repair shop and carwash in an NC(Neighborhood Commercial)District at 2795 Eastex Freeway- Ordinance 05-059 Administration recommended approval of a specific use permit to allow an auto repair shop and carwash in an NC (Neighborhood Commercial) District at 2795 Eastex Freeway to include the recommendations from the Planning Commission . Bruce Caley,the property owner,is requesting a specific use permit to allow a general automotive repair shop and carwash at 2795 Eastex Freeway. At a Joint Public Hearing held June 20,2005,the Planning Commission voted 7:0 to approve a specific use permit to allow an auto repair shop and carwash in an NC (Neighborhood Commercial)District at2795 Eastex Freeway subject to the following conditions: Page 6 of 10 Minutes-June 28,2005 • Modification to the landscaping/screening requirement along the west property line (no 8' tall wood screening fence or 10' wide landscape strip). • Adherence to the City of Beaumont storm water standards. Councilmember Ames made a motion to ADOPT ORDINANCE 05-059 TO GRANT A SPECIFIC USE PERMIT TO ALLOW AN AUTO REPAIR SHOP AND CARWASH IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT LOCATED AT 2795 EASTEX FREEWAY, IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS,AMES AND PATTERSON NAYS: NONE MOTION PASSED 7. Consider approving a request for the abandonment of a portion of Pennsylvania Avenue right-of-way at the northwest corner of Pennsylvania and Emmett-Ordinance 05-060 Administration recommended approval ofthe request for the abandonment of a portion of Pennsylvania Avenue right-of-way at the northwest corner of Pennsylvania and Emmett. The Port of Beaumont is requesting the abandonment of a sliver of right-of-way that was acquired by the City of Beaumont as part of the Pennsylvania Avenue street improvements. The Port has acquired a lot adjacent to the subject property. The abandonment of the subject property would ensure unimpeded access to the Port's property. At a Regular Meeting held June 20, 2005, the Planning Commission voted 7:0 to approve the request for the abandonment of a portion of Pennsylvania Avenue right-of- way. Councilmember Smith made a motion to ADOPT ORDINANCE 05-060 ABANDONING A PORTION OF PENNSYLVANIA AVENUE RIGHT-OF-WAY AT THE NORTHWEST CORNER OF PENNSYLVANIA AND EMMETT IN THE CITY OF BEAUMONT, JEFFERSON, COUNTY, TEXAS. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS,AMES AND PATTERSON NAYS: NONE MOTION PASSED Page 7 of 10 Minutes-June 28,2005 8. Consider approving a resolution supporting a Traffic Signal Preemption Advance Funding Agreement and authorize the City Managerto enter into an agreementwith the State of Texas and the Southeast Texas Regional Planning Commission for such funding - Resolution 05-148 Administration recommended approval of a resolution supporting a Traffic Signal Preemption Advance Funding Agreement and authorize the City Managerto enter into such an agreement. The scope of work authorized by this agreement is described as the installation of traffic signal preemption devices at 102 locations citywide. The metropolitan planning organizations participation in this$356,491 project is usually 20%;however,since the project is safety related, 100% of the construction cost is federally funded. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 05-148 THAT THE CITY MANAGER BE AUTHORIZED TO ENTER INTO AN AGREEMENT WITH THE STATE OF TEXAS AND THE SOUTHEAST TEXAS REGIONAL PLANNING COMMISSION,SUPPORTING A TRAFFIC SIGNAL PREEMPTION ADVANCE FUNDING AGREEMENT.Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS,AMES AND PATTERSON NAYS: NONE MOTION PASSED WORKSESSION Discuss the feasibility of establishing "Railroad Quiet Zones" Workshop opened at 1:50 p.m. and closed at 2:30 p.m. PowerPoint presentation was made by Tom Warner, Director of Public Works, to provide some background information,legal requirements,and current status of our railroad crossing equipment necessary to establish quiet zones. A question and answer period followed presentation. It was felt that staff should prepare a report and present another workshop once more details have been formulated. COUNCILMEMBER COMMENTS COUNCILMEMBERPATTERSON- WISHED EVERYBODYASAFE AND CAREFUL 4T"OF JULY AND TO AVOID DRINKING WHILE DRIVING AND TO BE CAREFUL WITH FIREWORKS MAYOR PRO TEM SAMUEL- ON BEHALF OF THE NORTH END RESIDENTS, WOULD LIKE TO THANK THE CITY MANAGER AND HIS STAFF AND THE TASK FORCE WHICH HAS BEEN ESTABLISHED TO ADDRESS Page 8 of 10 Minutes-June 28,2005 THE CONCERNS IN THE NORTH END; EXCITED ABOUT THE WORK TO BE DONE BY THE TASK FORCE AND THE WORK OF CHIEF SHELTON TO ENFORCE THE FIRE VIOLATIONS; STATED THAT THE NORTH END RESIDENTS ARE MAKING EVERY EFFORT TO MAKE THE NORTH END LOOK AS GOOD AS THE REST OF THE CITY; WOULD LIKE TO PLANT MAGNOLIA TREES ALONG MAGNOLIA AVENUE TO REFLECT THE COMMUNITY; COMMUNITY ANNOUNCEMENTS COUNCILMEMBER AMES - NONE COUNCILMEMBER COKINOS - NONE COUNCILMEMBER BEAULIEU - WISHED EVERYBODY A SAFE AND HAPPY 4T" OF JULY AND INVITED THE CITIZENS TO RIVERFRONT PARK FOR THE FIREWORKS COUNCILMEMBER SMITH - NONE CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR GOODSON - INVITED EVERYBODY TO THE FIREWORKS AT RIVERFRONT PARK; REMINDED EVERYBODY TO BE VIGILANT IN REGARD TO THE BURN BAN; STATED THAT SEVERAL COMMUNITIES ARE INTERESTED IN REVITALIZING THEIR NEIGHBORHOODS BY PLANTING TREES Public Comments (Persons are limited to three minutes) Clayton Bryon 1466 W. Lucas Dr. Beaumont TX Requesting a two foot buffer zone along Lucas Drive so residents have a safe place to walk or ride bicycles Kerry J. Avie 1280 Saxe Beaumont TX Prayer for the City Frank Kiefer 3190 Willowood Beaumont TX Need fortraffic light signal coordination;eminentdomain consideration forarea of Concord Road improvementto eliminate the many curves;would like a drainage program put in place along Concord Road while it is being improved Page 9 of 10 Minutes-June 28,2005 Stephen Watson 6015 Townhouse Lane Beaumont TX Would like the City to consider some compromise with the railroads to become partners to get some relief from the horns without jeopardizing the safety of the citizens EXECUTIVE SESSION - CANCELLED * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Brannon Steward v Beaumont Water Department Executive Session was not held; therefore, Council adjourned at 2:45 p.m. Audio tapes re av ila le upon request in the City Clerk's Office. Guy N. Goodson, Mayor Rose Ann Jones, TR City Clerk Page 10 of 10 Minutes-June 28,2005