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MIN APR 24 2007 M I N U T E S - CITY OF BEAUMONT Andrew P. Cokinos,At-Large GUY N. GOODSON, MAYOR Becky Ames,At-Large Lulu L. Smith,Ward I CITY COUNCIL MEETING Nancy Beaulieu, Mayor Pro Tem,Ward II Audwin Samuel,Ward III April 24,2007 Bobbie J. Patterson,Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, Interim City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on April 24, 2007, 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 1 and 5/Consent Agenda Consent Agenda Mayor Pro Tern Beaulieu called the council meeting to order at 1:30 p.m. Rev. Troy Allen, Sr. of the Starlight Missionary Baptist Church gave the invocation. Councilmember Bobbie Patterson led the Pledge of Allegiance. Roll call was made by Angie Thomas, Administrative Assistant to the City Manager. Present at the meeting were Mayor Pro Tern Beaulieu, Councilmembers Smith, Ames, Samuel and Patterson. Absent: Councilmember Cokinos, Mayor Goodson, City Manager Kyle Hayes. Also present were Tyrone Cooper, City Attorney, Tina Broussard, Interim City Clerk (arrived at 1:55 p.m.). Proclamations, Presentations, Recognitions "Clifton J. Ozen High School YMCA Youth and Government Team" - Proclamation read by Mayor Pro Tern Beaulieu; accepted by Students, Debate Coaches/Teachers, Principal James Broussard "Sexual Assault Awareness and Prevention Month" - April, 2007, Proclamation read by Councilmember Ames; accepted by Cheryl Williams, Executive Director of Rape and Suicide Crisis of Southeast Texas "Adopt-A-Street Program" - Ingrid Holmes, Director of Beaumont Health Department, coordinated the signing of the agreements with the designated organizations. The following organizations signed agreements for the adopt-a-street program: Austin Middle School Dance Team Austin Street from 23`d to I H 10 1St American Reserve Phelan Blvd from Dowlen Rd. to Major Dr. St. Judes Troop 194 Gladys from Dowlen Rd. to Major Dr. New Beginnings Church Men's Ministry Prutzman St. Abundant Life Cathedral Youth Primrose from Cleveland to Steelton Minutes-April 24,2007 Abundant Life Missionary Bapt. Church 4th St. from Corley to College & Corley St. from UPSP RR Tracks to 11th St. Public Comment: Persons may speak on scheduled agenda items 1 and 5/Consent Agenda. None CONSENT AGENDA Approval of minutes - April 17, 2007 Confirmation of committee appointments - None A) Adopt the Code of Conduct, Contracting with Small and Minority Firms and Women's Business Enterprise, Affirmative Action Plan/Local Opportunity Plan, Internal Affirmative Action Plan and Policy of Nondiscrimination on the Basis of Handicapped Status Policies in connection with the City's Texas Community Development Block Grant and Texas Department of Housing and Community Affairs Programs - Resolution 07-114 B) Authorize the City Manager to execute a grant extension for general maintenance at the Beaumont Municipal Airport - Resolution 07-115 C) Approve a resolution adopting the Office of Rural Community Affairs Local Opportunity Plan for the Calder Street Project - Resolution 07-116 D) Authorize the City Manager to sign a memorandum of agreement with the Silsbee Independent School District, for the use of the Silsbee Middle School, as a temporary shelter for Beaumont emergency workers and equipment, in the event of a man made or natural disaster requiring such shelter- Resolution 07-117 Councilmember Smith made a motion to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH,AMES,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider authorizing the City Manager to execute an Interlocal Agreement with the South East Texas Regional Planning Commission to conduct a Transit Development Plan for Beaumont and Port Arthur- Resolution 07-118 Administration recommended Council authorize the City Manager to execute an Interlocal Agreement with the South East Texas Regional Planning Commission to conduct a Transit Development Plan for Beaumont and Port Arthur. Page 2 of 7 Minutes-April 24,2007 During a ten-year period, the demand response services have been stable in terms of the number of passengers served and operating costs. The fixed route system, however, has been declining in ridership while experiencing rising operating cost. As a consequence of this condition and trends, the South East Texas Regional Planning Commission has agreed to prepare a Transit Development Plan for Beaumont. The Transit Development Plan will study current and projected conditions, identify current strengths and weaknesses, consider possible actions to assure a stable supply of transit sufficient to address mobility needs within the metropolitan areas, meet environmental objectives and fit within identifiable, attainable financial resources. The study will determine whether the services could be strengthened in ways that would better serve existing and potential transit riders. Funds are available in the Transit Fund for the City's$20,000 commitment to the$150,000 plan. Councilmember Patterson moved to APPROVE RESOLUTION 07-118 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION TO CONDUCTATRANSIT DEVELOPMENT PLAN FOR BEAUMONT AND PORT ARTHUR, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH,AMES,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 2. Consider approving a request for a zone change from RS (Residential Single Family Dwelling) District to NC (Neighborhood Commercial) District or more restrictive district at 3185 Highland - Ordinance 07-050 Administration recommended approval of a request for a zone change from RS (Residential Single Family Dwelling) District to NC (Neighborhood Commercial) District at 3185 Highland. Patricia Lanier, power-of-attorney for her father Herbert York, is requesting a zone change from RS (Residential Single Family Dwelling) District to NC (Neighborhood Commercial) District or more restrictive district for the property located at 3185 Highland. Ms. Lanier states that the property has been used for commercial for the past 60 years. She says that it has been used in many capacities over the years from an auto parts store to a warehouse to, most recently, a church. After Hurricane Rita, the family had approximately $40,000 worth of repairs done to the structure to bring it up to code. The property is zoned RS and since the building has been vacant for a year or more, the use of the property must conform to the current zoning or the property must be rezoned. Approximately 65'to the north of the subject property is GC-MD zoning. To the southeast is NC zoning. Page 3 of 7 Minutes-April 24,2007 I At a Joint Public Hearing held March 19, 2007, the Planning Commission voted 8:0 to approve a zone change from RS (Residential Single Family Dwelling) District to NC (Neighborhood Commercial) District at 3185 Highland. COuncilmember Smith made a motion tO ADOPTORDINANCE 07-050 ENTITLEDAN ORDINANCE 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 RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO NC (NEIGHBORHOOD COMMERCIAL) DISTRICT FOR PROPERTY LOCATED AT 3185 HIGHLAND, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALAND PROVIDING A PENALTY. Councilmember Patterson seconded the motion. AYES: MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH,AMES,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider approving a request for a specific use permit to allow a data communications tower in an LI (Light Industrial) District at 1775 W. Cardinal Drive - Ordinance 07-051 Administration recommended approval of a request for a specific use permit to allow a data communications tower in an LI (Light Industrial) District at 1775 W. Cardinal Drive. Peter Bedard, representing Matrix Engineering, is requesting a specific use permit to allow a data communications tower at 1775 W. Cardinal. Mr. Bedard states that the tower will be 70 feet tall and will be anchored by guy wires. The tower will provide voice and high speed data communications for employees between Matrix's Gorman Road facility and leased office space in the Entergy Building in downtown Beaumont. An 8 foot tall chain link fence will surround the tower. At a Joint Public Hearing held April 16, 2007, the Planning Commission voted 8:0 to approve a specific use permit to allow a data communications tower in an LI (Light Industrial) District at 1775 W. Cardinal Drive, subject to the removal of the tower if it becomes abandoned. COuncilmemberAmes made a motion to ADOPT ORDINANCE 07-051 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DATA COMMUNICATIONS TOWER IN AN LI (LIGHT INDUSTRIAL) DISTRICT LOCATED AT 1775 W. CARDINAL DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Patterson seconded the motion. AYES: MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED Page 4 of 7 Minutes-April 24,2007 4. Consider approving a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD(General Commercial-Multiple Family Dwelling)District or more restrictive district at 7750 Highway 105 - Denied Administration recommended denial of a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District or more restrictive district at 7750 Highway 105. Dwain Adcock, representing Northwest Church of Christ, is requesting a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) or more restrictive district. The church is located at 7750 Highway 105. Mr. Adcock states that the purpose of the zone change is to allow an owner identification sign of sufficient height and area that can be seen one quarter mile away when driving 55 mph. The subject property is currently zoned RS and is outside the Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District. In an RS District, a church can have a sign that does not exceed 50 sq. ft. in area and 15 feet in height and must be at least 15 feet from the property line. The zone change to GC-MD would allow a sign up to 50 feet in height and with unlimited area. Mr. Adcock states that the proposed sign will be 26' in height and 150 sq. ft. (upper part - 20' x 5'; lower part - 10' x 5') in area. Because of higher speeds on Highway 105, service stations located within the sign overlay district are permitted a sign 15' in height and 100 sq. ft. in area with an 85 sq. ft. sign face. The Planning Manager feels that the RS District allows a sign of a size more in keeping with what is permitted for service stations approximately 300' to the east. At a Joint Public Hearing held April 16, 2007, the Planning Commission voted 8:0 to deny a request for a zone change from RS (Residential Single Family Dwelling) District to GC- MD (General Commercial-Multiple Family Dwelling) District or more restrictive district at 7750 Highway 105. Councilmember Ames made a motion to DENY 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 RS(RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 7750 HIGHWAY 105, BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH,AMES,SAMUEL AND PATTERSON NAYS: NONE MOTION DENIED 5. Consider approving a request to abandon the alley between Lots 4 and 9, Block 29, Calder Addition - Ordinance 07-052 Page 5 of 7 Minutes-April 24,2007 Administration recommended approval of a request to abandon the alley between Lots 4 and 9, Block 29, Calder Addition subject to retaining a 20'wide easement or relocating the existing facilities at the applicant's expense. Joe Dougharty, representing Shiner Investments, Inc., is requesting the abandonment of a 20' x 50' portion of an unimproved alley in Block 29, Calder Addition. Mr. Dougharty states that Shiner Investments owns the property on either side and abandoning the alley will tie its current properties together as well as increase the usefulness of its property. This item was sent to all interested parties. AT&T has buried cable in the right-of-way and grants conditional approval subject to the retention of an easement or moving the facilities at the applicant's expense . No other objections were received. At a Regular Meeting held April 16, 2007, the Planning Commission voted 8:0 to approve a request to abandon the alley between Lots 4 and 9, Block 29, Calder Addition subject to retaining a 20'wide easement, prohibiting structures within the easement and not holding Water Utilities responsible for any surface restoration when sanitary sewer main repairs are necessary. Councilmember Smith made a motion to ADOPT ORDINANCE 07-052 ENTITLED AN ORDINANCE ABANDONING A 20'x 50'PORTION OF AN ALLEY AND THE RETENTION OF AN EASEMENT BETWEEN LOTS 4 AND 9, BLOCK 29, CALDER ADDITION, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Patterson seconded the motion. AYES: MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH,AMES,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED WORKSESSION Discuss the application process and various funding requests related to proposed Low-Income Housing Tax Credit Projects. Chris Boone, Development Services Manager, discussed Housing Tax Credit projects,the City's direct participation in past Tax Credit projects as well as projects that are currently proposed. COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - IMPRESSED WITH THE YOUTH FROM OZEN HIGH SCHOOL AND THEIR ACCOMPLISHMENTS,THANKED THEM FOR BEING PRESENT AT THE MEETING MAYOR PRO TEM BEAULIEU- CONGRATULATED THE OZEN HIGH SCHOOL YOUTHS,ALSO COMMENTED ON THE TALENTED BAND STUDENTS AND DRILL TEAMS THAT PARTICIPATED IN THE NECHES RIVER FESTIVAL PARADE Page 6 of 7 Minutes-April 24,2007 COUNCILMEMBER AMES- CONGRATULATED THE OZEN HIGH SCHOOL STUDENTS,AND THANKED THEM FOR STAYING FOR THE ENTIRE MEETING. COMMENTED ON THE NECHES RIVER FESTIVAL, THE CHAMBER OF COMMERCE LOBSTER FEST AND THE OAKS HISTORIC HOME TOUR COUNCILMEMBER SAMUEL- CONGRATULATED THE OZEN HIGH SCHOOL YOUTH AS WELL AS THE YOUTH THAT PARTICIPATED IN THE NATIONAL YOUTH SERVICE DAY COUNCILMEMBER PATTERSON - CONGRATULATED THE OZEN HIGH SCHOOL YOUTH. ANNOUNCED THAT THE THEODORE JOHNS LIBRARY WOULD NOT BE CLOSING AND ENCOURAGED EVERYONE TO UTILIZE THE LIBRARY AS MUCH AS POSSIBLE, ALSO ANNOUNCED SEVERAL DRAINAGE PROJECTS THAT WILL OCCUR IN WARD IV'S SOUTH PARK AREA CITY ATTORNEY COOPER- NONE Public Comments (Persons are limited to three minutes) Leroy Lewis III 8550 Baker Rd. Beaumont TX Spoke regarding trash at the park on 4th and College, there is a house on Amelia Dr. the grass needs cutting, issues regarding customer service Gethrel Willians -Wright 4495 Fortune Lane Beaumont, TX Discussed the Remote Encoding Center that is scheduled to be closed in November and the job loss There being no Executive Session, Council adjourned at 2:51 p.m.. Audio recordings are available upon request in the City Clerk's Office. Mayor Pro Tem, cy Beaulieu Tina Broussard, Interim City Clerk � w i 0"oilk Page 7 of 7 Minutes-April 24,2007