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MIN JUL 26 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 July 26, 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 July 26, 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 5 and 6/Consent Agenda Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Reverend James Blackwell of the South Park Baptist Church gave the invocation. Members of Boy Scout Troop 122 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 "Miss Beaumont - Kendhal Beal Day" - July 26, 2005 - Proclamation read by Mayor Goodson; accepted by Kendhal Beal Public Comment: Persons may speak on scheduled agenda items 5 and 6/Consent Agenda. None CONSENT AGENDA Approval of minutes - Minutes of July 19, 2005 Confirmation of committee appointments - None A) Authorize eminent domain proceedings to acquire Lot 8 of Block 9 of the Van Wormer Addition located at 975 Wall Street for the Martin Luther King Jr. Park- Resolution 05-162 Minutes-July 26,2005 B) Authorize the acquisition of Lot 4 Block 9 of the Van Wormer Addition located at 960 College Street (Parcel 5) for the Martin Luther King, Jr. Park - Resolution 05-163 C) Authorize the settlement of the lawsuit styled Antioch Missionary Baptist Church of Beaumont, Texas v The City of Beaumont, et al - Resolution 05-164 Councilmember Cokinos made a motion to approve the Consent Agenda. Councilmember Beaulieu 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 RS(Residential Single Family Dwelling) to RM-M (Residential Multiple Family Dwelling-Medium Density) District at 8955 Phelan - Ordinance 05-061 Administration recommended approval of a zone change from RS (Residential Single Family Dwelling) to RM-M (Residential Multiple Family Dwelling-Medium Density) District at 8955 Phelan. Mary Trahan Alsdurf, the applicant, is requesting a zone change from RS (Residential Single Family Dwelling)to RM-M (Residential Multiple Family Dwelling- Medium Density) District for property at 8955 Phelan. There is an existing house on the subject property. Ms. Alsdurf states that she would like to build a new house on the same property. The new house will be about 100 feet to the rear of the existing one. When the owner of that house is deceased, Ms. Alsdurf plans to remove the house, RS zoning does not allow more than one house on a lot. At a Joint Public Hearing held July 18, 2005, the Planning Commission voted 6:0 to approve a zone change from RS (Residential Single Family Dwelling) to RM-M (Residential Multiple Family Dwelling-Medium Density) District at 8955 Phelan. Councilmember Cokinos moved to ADOPT ORDINANCE 05-061 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 RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING-MEDIUM DENSITY)DISTRICT FOR PROPERTY LOCATED AT 8955 PHELAN, IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Ames seconded the motion. Page 2 of 7 Minutes-July 26,2005 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 NSC (Neighborhood Shopping Center) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District or more restrictive district and a specific use permit to allow mini-warehouses in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District on property located east of W. Lucas between Folsom and Arthur - Ordinance 05-062 - Ordinance 05-063 Administration recommended approval of a request for a zone change from NSC (Neighborhood Shopping Center)District to GC-MD-2(General Commercial-Multiple Family Dwelling-2) District or more restrictive district and a specific use permit to allow mini-warehouses located east of W. Lucas between Folsom and Arthur along with recommendations of the Planning Commission. This property is located east of W. Lucas, between Folsom and Arthur. The storage facility will consist of seven single story buildings totaling 16,519 sq. ft. in area. The applicants state that the buildings will not exceed 12' in height. Access will be off of Folsom. At a Joint Public Hearing held July 18, 2005, the Planning Commission voted 6:0 to approve a zone change from NSC District to GC-MD-2 District and a specific use permit to allow mini-warehouses in a GC-MD-2 District on property located east of W. Lucas between Folsom and Arthur, subject to the following conditions: • Modification to the landscaping/screening requirement for the parking frontage along Folsom (a 3' wide landscape strip instead of the required 6' wide landscape strip). • Fencing along Arthur (an 8' wood privacy fencing with a 6' wide landscape buffer on the outside). Councilmember Ames made a motion to ADOPT ORDINANCE 05-062 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 NSC (NEIGHBORHOOD SHOPPING CENTER) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED EAST OF W. LUCAS BETWEEN FOLSOM AND ARTHUR,IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Beaulieu second the motion. Councilmember Beaulieu made a motion to INCLUDE THE ADDITIONAL REQUIREMENT OF INDIRECT LIGHTING AS PART OF ADOPTING ORDINANCE 05-063 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW MINI-WAREHOUSES IN A GC-MD- 2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT ON PROPERTY Page 3 of 7 Minutes-July 26,2005 LOCATED EAST OF W.LUCAS BETWEEN FOLSOM AND ARTHUR 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 3. Consider approving a request for a specific use permit to allow a nursing home/rehabilitation facility in an RM-H(Residential Multiple Family Dwelling-Highest Density) District at 3880 Pointe' Parkway - Ordinance 05-064 Administration recommended approval of a specific use permit to allow a nursing home/rehabilitation facility in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 3880 Pointe' Parkway. Regency Nursing and Rehabilitation Centers, Inc., the applicant, is requesting a specific use permit to allow a nursing home/rehabilitation facility. The property is located at 3880 Pointe' Parkway. Regency proposes to construct a 39,000 sq. ft., 120 bed facility on 3.95 acres of property located on the proposed Pointe' Parkway. The facility will employ a full time staff of 100. An 8' tall wood screening fence and 10' wide landscape strip will be constructed along the north and east sides of the development. At a Joint Public Hearing held July 18, 2005, the Planning Commission voted 6:0 to approve a specific use permit to allow a nursing home/rehabilitation facility in an RM-H(Residential Multiple Family Dwelling-Highest Density)District at 3880 Pointe' Parkway. Councilmember Ames made a motion to ADOPT ORDINANCE 05-064 GRANTING A SPECIFIC USE PERMIT TO ALLOW A NURSING HOME/REHABILITATION FACILITY IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 3880 POINTE' PARKWAY 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 4. 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 4290 Pradice. Page 4 of 7 Minutes-July 26,2005 Administration recommended denial of a specific use permit to allow a drinking place in an GC-MD(General Commercial-Multiple Family Dwelling)Districtat4290 Pradice. Tina Renee Smith, the applicant, is requesting a specific use permit to allow a drinking place in an existing building at 4290 Pradice. Ms. Smith states that the night club will provide alcoholic beverages as well as music for dancing. This property was granted a zone change to GC-MD and a specific use permit for a drinking place in 1984. However, in 1991, the City Council revoked the specific use permit. At the time, the building was vacant and City Staff stated that the neighborhood petitioned the City to revoke the specific use permit before another bar opened at that location. At a Joint Public Hearing held July 18, 2005, the Planning Commission voted 6:0 to deny a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4290 Pradice. Councilmember Patterson requested that this item be deferred until the next council meeting; therefore, no action was taken at this time. Item will be considered at next regularly scheduled meeting. 5. Consider approving a request to abandon a portion of S. 91h Street-Ordinance 05- 065 Administration recommended approval of the request to abandon a portion of S. 9th Street. Antoinette Hardy, Executive Director of the Beaumont Community Housing Development Organization, Inc. (BCHDO), is requesting the abandonment of the south 150' of 9th Street, north of Euclid. Ms. Hardy states that BCHDO is building an affordable house for a disabled senior citizen. Due to the lot's location at 9th and Euclid, it is considered a corner lot and must therefore have a 10' building setback along the 9th Street side. To accommodate the house, a 5' building setback is needed. At a Regular Meeting held July 18, 2005, the Planning Commission voted 5:0 to approve a request to abandon a portion of S. 91h Street subject to the following conditions: • Retain an exclusive 10' sanitary sewer easement along the north end of the abandonment. • No structures or appurtenances shall be placed within the easement property. • Water utilities will not be responsible for any surface restoration when sanitary sewer repairs are necessary. Councilmember Patterson made a motion to ADOPT ORDINANCE 05-065 TO ABANDON A PORTION OF S. 9T" STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Ames seconded the motion. Page 5 of 7 Minutes-July 26,2005 AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, AMES AND PATTERSON NAYS: NONE MOTION PASSED 6. Consider approving a request to abandon Guinn Avenue - Ordinance 05-066 Administration recommended approval of the request to abandon Guinn Avenue. DD#6 has been in negotiations with Robert C. Mistrot to acquire additional right-of- way needed for the ditch adjoining his property. As part of these negotiations, DD#6 agreed to assist Mr. Mistrot with the abandonment of Guinn Avenue, an unimproved street. Mr. Mistrot owns the property on both sides of the right-of-way. At a Regular Meeting held July 18, 2005, the Planning Commission voted 5:0 to approve the request to abandon Guinn Avenue subject to the following condition: • Retain the north 115' as a drainage easement. Councilmember Beaulieu made a motion to ADOPT ORDINANCE 05-066 TO ABANDON ALL OF GUINN AVENUE 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 COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE COUNCILMEMBER BEAULIEU - NONE COUNCILMEMBER COKINOS - NONE COUNCILMEMBER AMES - NONE MAYOR PRO TEM SAMUEL- CONGRATULATED AND COMMENDED THE CHARLTON- POLLARD ALUMNI ON THEIR WONDERFUL MASS REUNION COUNCILMEMBER PATTERSON - COMMUNITY ANNOUNCEMENT CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE Page 6 of 7 Minutes-July 26,2005 MAYOR GOODSON - THANKS TO THE CHARLTON-POLLARD MASS CLASS REUNION FOR LETTING THE CITY BE PART OF THE REUNION ACTIVITIES Public Comments (Persons are limited to three minutes) Benny Mendoza 5655 S. Kenneth Beaumont TX Glad to see the replacement of the stop signs in the City; would like to have the white road stripes repainted along Avenue A to Virginia Street There being no Executive Session, Council adjourned at 2:00 p.m. Audio tap re available on request in the City Clerk's Office. `� Guy N. Goodson, Mayor r o '��!1�0, Ul CG'YL�F / Rose An Jones, TR / Z % City Clerk o�+� �1W� ,y Page 7 of 7 Minutes-July 26,2005