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MIN SEPT 25 2007 M I N U T E S - CITY OF BEAUMONT W.L. Pate, Jr., At-Large BECKY AMES, MAYOR Gethrel Williams-Wright, At-Large Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Ward II Audwin Samuel, Mayor Pro Tem, Ward III September 25, 2007 Jamie Smith,Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on September 25, 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 1-7 and 16 and 17/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor John Burke of the Father's House gave the invocation. Mayor Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Samuel, Councilmembers Coleman, Beaulieu,Wright, Pate and Smith. Also presentwere Kyle Hayes, City Manager;Tyrone Cooper,City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "Pray Beaumont Day" - September 30, 2007 - Proclamation read by Councilmember Coleman; accepted by Pastor Howard Cameron,Trinity Church and Beaumont Area Pastors Public: Comment: Persons may speak on scheduled agenda items 1-7 and 16 and 17/Consent Agenda. Linda Cansler P.O. Box 693 Beaumont TX i Item# 16 -Asked that Council approve the renaming of Pipkin Park to Pipkin Patriot Park Betty Owens 1620 Edson Dr. Beaumont TX Item# 16 - Asked that Council approve the renaming of Pipkin Park to Pipkin Patriot Park September 25,2007 Andrea Deaton 820 Evergereen Beaumont TX Item #4 - FY 2008 Tax Roll and Property Tax Rate Jennifer Deaton 820 Evergreen Beaumont TX Item #4 - FY 2008 Tax Roll and Property Tax Rate CONSENT AGENDA Approval of minutes - Minutes of September 18, 2007 Confirmation of committee appointments - Resolution 07- 286 Tony Gibson would be reappointed to the Community Development Advisory Committee. The current term would expire May 23, 2009. (Councilmember W. L. Pate, Jr.) Jon Reaud would be appointed to the Community Development Advisory Committee. The term would commence September 25, 2007 and expire September 24, 2009. (Councilmember W. L. Pate, Jr.) Marvin Brailsford would be appointed to the Community Development Advisory Committee. The term would commence September 25, 2007 and expire September 24, 2009. (Mayor Pro Tern Audwin M. Samuel) (Removed by Councilmember Samuel) Marvin Brailsford would be reappointed to the Small Business Advisory Board. The current term would expire November 25, 2008. (Mayor Pro Tern Audwin M. Samuel)(Removed by Councilmember Samuel) A) Approve a resolution to write-off uncollectible water accounts - Resolution 07- 287 B) Authorize the acquisition of five(5)properties in the Van Wormer Addition forthe Downtown Event Center and Lake Park - Resolution 07- 288 C) Authorize the acceptance of two (2) twenty foot wide drainage easements to serve the proposed Vision Village Subdivision - Resolution 07- 289 D) Authorize the acceptance of two (2)ten (10)foot wide exclusive Water Line Easements out of the J. W. Bullock Survey located at Interstate 10 and Cardinal Drive-Resolution 07-290 E) Authorize the City Manager to execute a wastewater service agreement with West Jefferson Municipal Utility District - Resolution 07- 291 F) Approve change orders for the Martin Luther King, Jr. Park Project - Resolution 07- 292 Page 2 of 20 September 25,2007 Mayor Pro Tern Samuel made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Mayon Ames read the announcement regarding Executive Session to be held at the conclusion of the General Business portion of the meeting. GENERAL BUSINESS 1. Consider adopting the FY 2008 Budget. Administration recommended Council adopt the FY 2008 Budget as submitted to Council on August 14, 2007. Article VI, Section 8 of the City Charter states that "the budget shall be adopted by the favorable votes of at least a majority of all members of the Council." The FY 2008 Budget was submitted to Council on August 14, 2007, and reviewed during a work session on September 4, 2007. A public hearing was held on September 4, 2007, which met the requirements of the Charter and state law. Proposed appropriation for all funds, net of a contingency,totals$209,621,700.Additionally, a contingency appropriation of $1,500,000 is made for the General Fund. Mayor Pro Tern Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 2007, AND ENDING SEPTEMBER 30, 2008, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT;APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 07- 090 Page 3 of 20 September 25,2007 2. Consider adopting the 2008 Capital Program. Administration recommended Council adopt the 2008 Capital Program as submitted to Council May 11, 2007 and revised August 14, 2007. The Capital Program was originally submitted to Council on May 11, 2007. It was revised and submitted to Council on August 14, 2007, and reviewed during a work session on September 4, 2007. A public hearing was also held on September 4, 2007. In the proposed 2008 Capital Program, projects in the design or construction phase total $308,693,000 and include$185,050,000 in Public Works projects, $38,730,000 in General Improvement projects and$84,913,000 in Water and Sewer projects. Projects in the planned phase total $193,234,000 which includes $194,070,000 in Public Works projects, $10,440,000 in General Improvements and$33,724,000 Water and Sewer projects. The total capital program cost for all projects in the design or construction phase and the planned phase is $501,927,000. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE FY 2008 CAPITAL PROGRAM IS HEREBY ADOPTED. A PUBLIC HEARING WAS HELD SEPTEMBER 4, 2007, IN THE CITY COUNCIL CHAMBERS, CITY HALL, BEAUMONT, TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, AND SMITH NAYS: NONE MOTION PASSED Resolution 07- 293 3. Consider ratifying the budgeted property tax increase reflected in the FY 2008 Budget.. Administration recommended Council take a separate vote to ratify the budgeted property tax increase reflected in the FY 2008 Budget which will raise more total property taxes than last year's budget by $4,169,000 or 13.3% and of that amount $671,683 is tax revenue to be raised from new property added to the tax roll this year. Section 102 of the Local Government Code was amended and is effective for budgets being adopted after September 1, 2007. Section 102.007 was amended to include the following: "Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. The FY 2008 Budget includes$4,169,000 more in property tax revenues than was included in the FY 2007 Budget. Page 4 of 20 September 25,2007 Mayor Pro Tern Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE RATIFYING THE BUDGETED PROPERTY TAX INCREASE REFLECTED IN THE FY 2008 BUDGET. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 07- 091 4. Consider accepting the tax roll and establishing the property tax rate for the tax year 2007(FY 2008). Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws in adopting their tax rates. State law requires all taxing units to adopt their tax rates before the later of September 30 or the 60th day after the taxing unit receives the appraisal roll. State law also requires the adoption of the Budget before the tax rate. Administration recommended Council accept the Jefferson County Appraisal District's Certified Tax Roll and adopt a property tax rate of$0.654 for the tax year 2007(FY2008). The tax rate would be apportioned $0.434 to the General Fund and $0.220 to the Debt Service Fund. Section 26.05 (b)of the Property Tax Code, mandates the language in the motion to adopt the tax rate if the tax rate exceeds the effective tax rate. The mandated language is shown in bold. "I move that property taxes be increased by the adoption of a tax rate of 65.4 cents." This tax rate reflects a one-half cent decrease from the 2006 tax rate. Councilmember Beaulieu MOVE THAT THE PROPERTY TAXES BE INCREASED BY THE ADOPTION OF A TAX RATE OF 65.4 CENTS AND ACCEPT THE TAX ROLL; PROVIDING FOR LEVYING,ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 2007; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 07- 092 Page 5 of 20 September 25,2007 EXECUTIVE SESSION Prior to considering Agenda Item 5, the City Council will hold an Executive Session in accordance with Section 551.071 of the Government Code to: Consult with the City Attorney regarding legal issues related to the proposed Collective Bargaining Agreement between the City of Beaumont and the Beaumont Police Officers Association. Council Adjourned at 2:07 p.m. Council Reconvened at 2:30 p.m. 5. Consider authorizing the City Managerto execute a new labor agreement with the Beaumont Police Officers Association. Administration recommended approval. The existing labor agreement with the Beaumont Police Officers Association expires on September 30, 2007. The City and Association have been negotiating a new agreement since May of this year. The new labor agreement would commence October 1, 2007 and expire on September 30, 2011. The substantive parts of the new agreement include the following: The agreement provides for a 5% wage increase effective October 1, 2007; 5% on October 1, 2008; 5% on October 1, 2009 and 4% on October 1, 2010. Effective January 1, 2008, police officers will contribute the same amount in monthly premiums for medical insurance as civilian employees. Employees with one dependent will pay$140 per month effective January 1, 2008. Employees with two or more dependents will pay $190 per month. Police officers with two or more dependents currently contribute$165 per month for medical insurance. In future years, the City may increase the monthly premium rate for officers by the same percentage increase as for the monthly premium rate for civilian employees by 5% effective January 1, 2009, the monthly premium rate for officers with two or more dependents would be increased by $9.50 to $199.50. Language has been added in the Duration Article stating the City presently intends to continue the agreement each fiscal year through the end of its term,and to fully perform all of the obligation of the City. It further states"all obligations of the City shall be paid only out of current revenues or any other funds lawfully available therefore and appropriated for such purpose by the City Council, in compliance with the Texas Constitution, Article XI, Sections 5 and 7. Funds are available in the proposed FY 2008 Budget to fund the 5%wage increase effective October 1, 2007. Page 6 of 20 September 25,2007 Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A LABOR AGREEMENT WITH THE BEAUMONT POLICE OFFICERS ASSOCIATION COMMENCING ON OCTOBER 1, 2007 AND EXPIRING ON SEPTEMBER 30, 2011. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 07- 294 6. Consider amending Section 28-50,Water Service Rates and Section 28-51, Sanitary Sewer Service Rates of the Code of Ordinances related to increasing water and sewer rates to fund water and sewer operations and recommended capital improvements. Administration recommended approval of an increase in the water and sewer rates by eight (8) percent effective November 1, 2007 to raise the necessary funds for water and sewer operations and capital improvements. The revenues generated by the proposed increase will fund the operation of the Water Utilities Department and the Capital Program for the water and sewer system. Operating costs in the Water Utilities Department are largely impacted by inflation and market demands. A wage increase of 4% is included in the FY 2008 Budget. Many of the capital improvement projects are required to meet State and Federal regulations. The City's infrastructure is aging and many parts of the system are in need of rehabilitation and replacement. Approximately $85 million of water and sewer system improvements are needed to meet these regulations and to rehabilitate the systems and are in the design of construction phase in the 2008 Capital Program. In addition, there are$33.7 million in planned water and sewer system projects in the 2008 Capital Program. The proposed rate increase is projected to increase water and sewer revenues by$2.3 million for Fiscal Year 2008. Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28,SUBSECTIONS 28-50(A)AND 28-51 (A),OF THE CODE OF ORDINANCES TO INCREASE WATER AND WASTEWATER RATES EFFECTIVE NOVEMBER 1,2007; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Page 7 of 20 September 25,2007 Ordinance 07- 093 7. Consider amending Sections 28-24.1.(b)(1) and 28-24.1.(b)(2) of the Code of Ordinances related to increasing garbage and trash rates. Administration recommended Council amend Ordinance 28-24.1 (b) (1)and 28-24.1 (b)(2) to increase the garbage and trash rates. The base fee will increase from $13.50 to $14.00. The revenues generated by the proposed increase will fund the operations of the Solid Waste Fund. Operating costs in this fund are largely impacted by fuel costs. In addition, a wage increase of 4% is included in the FY 2008 Budget. The 50 cent increase in the garbage and trash rates equates to a 3.7% increase in the base fee. The new monthly rate for standard solid waste management services per household will be $ 14.50. The litter removal service is a function of Code Enforcement in the General Fund. This portion of the service fee will remain the same. The monthly garbage and trash rate for senior citizens, after a ten (10)percent discount, will be $12.60 per household, up from $12.15, resulting in a new monthly rate for services of $13.10. The new rates will be effective November 1, 2007. The increase in the base fee for solid waste management services from$13.50 to$14.00 will generate approximately $200,000 in additional revenues. Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28, DIVISION 5, SUBSECTIONS 28-24.1 (B) (1) AND (2) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO INCREASE GARBAGE AND TRASH RATES;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 07- 094 8. Consider amending Chapter 30,Zoning Ordinance, by adding Section 30-23.2 to create the Neighborhood Design Overlay District and the regulations that would govern said overlay district. Administration recommended approval of a request for an amendment to Chapter 30,Zoning Ordinance, by adding Section 30-23.2 to create the Neighborhood Design Overlay District and the regulations that would govern said overlay district. Page 8 of 20 September 25,2007 During the summer of this year, staff met several times with the Calder Place 1929 neighborhood. The purpose of these meetings was to address concerns that a number of residents have brought up over infill development and parking in the front yards. More specifically,the residents have noticed that some new development within the neighborhood has not been compatible with the existing homes with regard to setbacks, and scales. At the neighborhood meetings, staff presented a number of alternatives for the residents to consider. It was the desire of the neighborhood to initially address the setbacks, scale and parking in the front yard. The Neighborhood Design Overly District will include the 500-800 Blocks of 19th St.,the 500 - 800 Blocks of 20th St., the 500 - 800 Blocks of 21St St., the 500 -800 Blocks of 22nd St., the 500-800 Blocks of 23rd St., unknown North , 3925-3997 North and 3920-3990 North. The overlay district will maintain the underlying zoning while adding additional provisions for controlling, size, height and shape. The most significant aspect of this overlay would be the creation of a new type of building setback known as a setback plane. This plane would essentially create a tent that would restrict upper stories of a house from towering over adjacent properties. Parking in the front and side yards would not be allowed on grass or unpaved areas. At a Joint Public Hearing held September 17, 2007, the Planning Commission voted 8:0 to approve a request for an amendment to Chapter 30,Zoning Ordinance, by adding Section 30- 23.2 to create the Neighborhood Design Overlay District and the regulations that would govern said overlay district. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADD A NEW SECTION 30-23.2 CREATING THE NEIGHBORHOOD DESIGN OVERLAY DISTRICT AND THE REGULATIONS GOVERNING SAID DISTRICT; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 07- 095 9. Consider amending Chapter 30,Zoning Ordinance, by amending Section 30-4(b), amending Section 30-24 (b) Permitted Use Table, and adding Section 30-33 (b) 25, regulations for temporary portable storage containers. Administration recommended approval of an amendment to Chapter 30,Zoning Ordinance, by amending Section 30-4(b), amending Section 30-24(b)Permitted Use Table, and adding Section 30-33 (b) 25, regulations for temporary portable storage containers. Page 9 of 20 September 25,2007 In August, 2007, the Planning Commission held a workshop to discuss temporary portable on demand storage units. A temporary portable storage container is not currently defined in the Zoning Ordinance. Due to the unique nature of portable storage container use,staff believes that it is appropriate to clearly distinguish these uses from other accessory storage uses. At a joint Public Hearing held September 17, 2007, the Planning Commission voted 8:0 to to approve an amendment to Chapter 30,Zoning Ordinance, by amending Section 30-4 (b), amending Section 30-24 (b) Permitted Use Table, and adding Section 30-33 (b) 25, regulations fortemporary portable storage containers with the conditions that the company's website be permitted on the container and the maximum length of the container shall not exceed 20 feet. Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 30,SECTIONS 30-4(B)AND 30-24(B),PERMITTED USE TABLE,ACCESSORY RESIDENTIAL USES, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, AND ADDING SECTION 30-33(B)25; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 07- 096 10. Consider approving a request for a zone change from GC-MD(General Commercial-Multiple Family Dwelling) to C-M (Commercial-Manufacturing) District for properties located at 715 and 745 Chamberlin. Administration recommended approval of a zone change from GC-MD(General Commercial- Multiple Family Dwelling)to C-M (Commercial-Manufacturing)District for properties located at 715 and 745 Chamberlin. Robert Peavey, representing PumpTex, Inc., has requested a zone change from GC-MD (General Commercial-Multiple Family Dwelling)District to HI (Heavy Industrial)District or more restrictive district. The properties are located at 715 and 745 Chamberlin. Mr. Peavey states that Pump Tex, Inc., purchased 715 Chamberlin in 2001. They have since outgrown that property and have purchased 745 Chamberlin to house the company's future expansion. He is therefore requesting that both properties be rezoned to HI or C-M. This portion of Chamberlin is a mix of uses. CM zoning is immediately to the north and west and HI zoning is to the east. Page 10 of 20 September 25,2007 At a Joint Public Hearing held September 17, 2007, the Planning Commission voted 8:0 to approve a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling)to C-M (Commercial-Manufacturing )Districtfor properties located at 715 and 745 Chamberlin. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN 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 GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT TO C-M (COMMERCIAL- MANUFACTURING)DISTRICT FOR PROPERTY LOCATED AT 715 AND 745 CHAMBERLIN,BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 07- 097 11. Consider approving a request for a specific use permit to allow retail merchandise sales in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 7130 Eastex Freeway. Carl Penland, representing Academy Sports+Outdoors, has requested a specific use permit to allow parking, two driveways and landscaping within a 25'wide strip of GC-MD-2 zoning along the west side of Concord. The property is located at 7130 Eastex Freeway. Academy is constructing a 98,155 sq. ft. store on the subject property. In February, 2000, City Council approved a zone change for the subject property. The property was rezoned to GC-MD with the exception of a 25' wide strip of GC-MD-2 zoning along the west side of Concord. This 25' wide strip was approved to provide protection for the residential properties on the east side of Concord. Nearby property owners stated that Concord Road, north of Highway 105 was not of sufficient width to handle the additional traffic that would be generated by commercial development. In addition, they did not want to look at the back of a commercial building. According to the site plan, two 35' wide driveways onto Concord will be constructed. In addition, a 20' 6" wide landscape strip will be installed. At a Joint Public Hearing held September 17, 2007, the Planning Commission voted 8:0 to deny a request for a specific use permit to allow retail merchandise sales in GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 7130 Eastex Freeway. Page 11 of 20 September 25,2007 Administration recommended approval of a specific use permit to allow retail merchandise sales in a GC-MD-2(General Commercial-Multiple Family Dwelling-2)District at 7130 Eastex Freeway subject to the following conditions: 1 . No direct access to Concord Road. 2. Provide a vegetative screen along Concord Road. 3. Direct lighting away from Concord Road. Councilmember Beaulieu made a motion TO ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW RETAIL MERCHANDISE SALES IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT LOCATED AT 7130 EASTEX FREEWAY,BEAUMONT,JEFFERSON COUNTY,TEXAS,SUBJECT TO THE FOLLOWING CONDITIONS: NO TRUCK ACCESS TO CONCORD ROAD WITH THE INSTALLATION OF THE APPROPRIATE HEIGHT LIMITING DEVICES TO ENSURE THAT ONLY PASSENGER VEHICLES CAN ACCESS THE SINGLE DRIVEWAY THAT WOULD BE ALLOWED ON THE NORTH, PROVIDE A 20 FOOT VEGETATIVE SCREEN ALONG CONCORD ROAD WITH SUFFICIENT DENSITY TO LIMIT NOISE AND VEHICULAR LIGHTS AND; DIRECT LIGHTING AWAY FROM CONCORD ROAD. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: MAYOR AMES MOTION PASSED Ordinance 07- 098 12. Consider approving a request for a specific use permit to allow parking for a restaurant in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District for property located on the west side of Warren Street, approximately 467' north of W. Cardinal Drive. Administration recommended approval of a specific sue permit allow parking for a restaurant in a GC-MD-2 (General Commercial-Multiple Family Dwellin-2) District for property located on the west side of Warren Street, approximately 467' north of W. Cardinal Drive. Lionel Arsement has requested a specific use permit toallow parking for the Rockin' A Restaurant at 3520 W. Cardinal Drive. Mr. Arsement is expanding his business to include an additional 11,900 sq. ft. of open and enclosed structures. At a Joint Public Hearing held September 17, 2007, the Planning Commission voted 7:0 to approve a request for a specific use permit to allow parking for a restaurant in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)Districtfor property located on the west side of Warren Street, approximately 467' north fo W. Cardinal Drive. Page 12 of 20 September 25,2007 Councilmember Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW PARKING FOR A RESTAURANT IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT FOR PROPERTY LOCATED ON THE WEST SIDE OF WARREN STREET,APPROXIMATELY 467'NORTH OF W.CARDINAL DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 07- 099 13. Consider approving a requestfor a specific use permit to allow a middle/high school in a GC- MD (General Commercial-Multiple Family Dwelling) District at 1050 Broadway. Administration recommended approval of a specific use permit to allow a middle/high school in a GC-MD (General Commercial-Multiple Family Dwelling) District at 1050 Broadway. Dr. Sias states that the grades served will be 6 - 12. Regular classed will run from 8 a.m. - 3:30 p.m. Extended classes will finish at 5:00 p.m. The approximate number of students will be 50. At a Joint Public Hearing held September 17, 2007, the Planning Commission voted 7:0 to approve a request for a specific use permit to allow a middle/high school in a GC-MD (General Commercial-Multiple Family Dwelling) District at 1050 Broadway. Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MIDDLE/HIGH SCHOOL IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY SWELLING)DISTRICT LOCATED AT 1050 BROADWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 07- 100 14. Consider approving a requestfor a specific use permitto allow a mini-warehouse self-storage facility in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located approximately 425' west of the northwest corner of College and 23rd Street. Page 13 of 20 September 25,2007 Administration recommended approval of a specific use permit to allow a mini-warehouse self-storage facility in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located approximately 425'west of the northwest corner of College and 23rd Street. The mini-warehouse facility will consist of a 60,000 sq. ft. building and related parking. The proposed use is similar to other uses in the area. Surrounding properties are all commercial and/or industrial. At a Joint Public Hearing held September 17, 2007, the Planning Commission voted 7:0 to approve a request for a specific use permit to allow a mini-warehouse self-storage facility in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located approximately 425' west of the northwest corner of College and 23rd Street, subject to the following conditions: 1. Aisle width must meet city requirements. 2. A 6' wide landscape strip along the parking lot frontage must be installed. Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MINI-WAREHOUSE SELF-STORAGE FACILITY IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED APPROXIMATELY 425' WEST OF THE NORTHWEST CORNER OF COLLEGE AND 23RD STREETS, BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 07- 101 15. Consider approving a request for a specific use permit to allow a beauty shop in an RCR (Residential Conservation and Revitalization) District at 2390 Broadway. Administration recommended approval of a specific use permit to allow a beauty shop in an RCR(Residential Conservation and Revitalization ) District. The property is located at 2390 Broadway. Judith Rich has applied for a specific use permit to allow three apartment units on the subject property. At that time, the specific use permit was approved with parking in the rear yard. Ms. Rich, a licensed beautician, would now like to convert the rear first floor apartment into a three chair beauty shop. The beauty shop will be open from 9 a.m. - 7 p.m., Tuesday - Saturday. Two of the apartments, with access on Broadway, will remain. Parking for the apartment is provided at the front and side of the property. Page 14 of:'.0 September 25,2007 At a Joint Public Hearing held September 17, 2007, the Planning Commission voted 6:0 to approve a request for a specific use permit to allow a beauty shop in an RCR (Residential Conservation and Revitalization) District at 2390 Broadway. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BEAUTY SHOP IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 2390 BROADWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 07- 102 16. Consider approving a request to rename Pipkin Park to Pipkin Patriots Park. Administration recommended approval of renaming the park. The local chapter of the Daughters of the American Revolution(DAR)is requesting that Pipkin Park be renamed Pipkin Patriots Park to recognize and honor all veterans. This request coincides with the 75th anniversary of the dedication of the Temple to the Brave, which was constructed on the park in 1932 as a memorial to Texas soldiers who had fought in all wars. The DAR, in cooperation with the City, has worked to renovate and restore the building and plans to rededicate the Temple later this year on November 11tH Staff has no objections and supports the intent of this action. The cost for a new sign is about$2,400. The DAR is financially able to pay one-half of the cost;the balance is available in the operating budget of the Parks and Recreation Department Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT PIPKIN PARK IS HEREBY RENAMED TO PIPKIN PATRIOTS PARK IN RECOGNITION AND HONOR OF ALL VETERANS. Councilmember Smith seconded the motion AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH I NAYS: NONE MOTION PASSED Page 15 of 20 September 25,2007 Resolution 07- 295 17. Consider approving an ordinance adopting local rules of the Beaumont Municipal Court. Administration recommended for Council's consideration by Councilmembers Beaulieu and Samuel, designated liaison members to the Municipal Court. The Charter of the City of Beaumont establishes a municipal court for the trial of misdemeanor offenses with such powers and duties as are given and prescribed by the laws of the State of Texas. It also gives to the City Council the authority to appoint one or more magistrates of the court. Judges James McNicholas, Theodore Johns and Craig Lively are the appointed magistrates to the court. Judge James McNicholas is presently the Chief Magistrate. Article 45.203 of the Texas Code of Criminal Procedure authorizes the governing body of a municipality to prescribe by ordinance rules, not inconsistent with any law of the state, as may be proper to enforce the collection of fines imposed by the municipal court. The Code also grants authority to adopt such rules and regulations concerning the practice and procedures in the court as the Council may consider proper. Rules have been drafted for Council consideration and adoption consistent with your authority to do by law. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ADOPTING LOCAL RULES OF THE BEAUMONT MUNICIPAL COURT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR REPEAL. Mayor Pro Tern Samuel seconded the motion AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 07- 103 18. PUBLIC HEARING: Receive comments and requests relating to six month extensions for occupying FEMA or travel trailers. On August 21, 2007, City Council approved an ordinance allowing any homeowner that needs to occupy a travel trailerwhile Hurricane Rita repairs are being made to their home can do so until October 20, 2007. Anyone needing additional time to repair or rebuild their homes must apply to City Council for a six month extension. In determining eligibility for a six month extension, an applicant must prove one of three criteria: Page 16 of 20 September 25,2007 1 . Actively working on home 2. Applied for Disaster Recovery 3. In litigation with insurance carrier The Planning Manager recommended approval of fourteen citizens occupying a FEMA or travel trailer based upon the fact that each one met at least one of the three criteria. The Planning Manager recommended denial of Glen Simpson's request because he is not eligible for the Hurricane Rita Disaster Recovery Program because he did not get the necessary documentation to Housing Services in the allotted time. The Public Hearing opened at 3:15 p.m. Milton J. Melvo 4895 Tupelo Ln. Beaumont TX Spoke regarding property located at 3395 Maida thanked Counsel for six month extension Albert Brazle 3490 French Rd Beaumont TX Received six month extension Ella Gallien 2315 Sabine Pass Beaumont TX Thanked Counsel for the six month extension Hattie Ruben 1417 Church St. Beaumont TX Thanked Counsel for the six month extension Goltis Lazard Jr. 680 Rhone Beaumont TX Received six month extension Albert McDonald 660 Woodrow St. Beaumont TX Received six month extension Jonathan Mark Cassidy 1040S. 4 1h St. Beaumont TX Informed Counsel that the property located at 2650 Houston that was denied was involved in a burglary Public Hearing Closed at 3:20 p.m. 18. Consider approving an ordinance allowing for a six month extension for occupying a FEMA or travel trailer at 5530 Thames, 1772 Grand, 680 Rhone, 1735 W. Highland, 2315 Sabine Pass, 3395 Maida, 1417 Church, 120 Langham, 2585 Linson, 3490 French, 1575 Threadneedle, 1745 Delaware and 600 Woodrow and denying extension for 2650 Houston. Page 17 of 20 September 25,2007 Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE EXTENDING FOR A PERIOD OF SIX (6) MONTHS THE PARKING, USE AND OCCUPANCY OF RECREATIONAL VEHICLES OR TRAVEL TRAILERS AS TEMPORARY LIVING QUARTERS ON RESIDENTIAL PROPERTY LOCATED AT 1772 GRAND,2385 LINSON,1745 DELAWARE,680 RHONE, 3452 GRAND, 3490 FRENCH, 5530 THAMES, 3395 MAIDA, 120 LANGHAM, 1735 W. HIGHLAND, 5530 THAMES, 3395 MAIDA, 120 LANGHAM, 1735 W. HIGHLAND, 1575 THREADNEEDLE, 1417 CHURCH AND 660 WOODROW AND 2315 SABINE PASS DURING THE PERIOD OF REPAIR OR RECONSTRUCTION OF DAMAGE TO PROPERTY CAUSED BY HURRICANE RITA AND DENYING SAID EXTENSION FOR PROPERTY LOCATED AT 2650 HOUSTON; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. Councilmember Smith seconded the motion AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 07- 104 COMMENTS Councilmembers/City Manager comment on various matters Public Comment (Persons are limited to 3 minutes) COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH- GLAD THAT THE BUDGET HAS BEEN APPROVED AND WE CAN MOVE FORWARD, EXCITED THAT THE CITY HAS COMPLETED THE LABOR AGREEMENT WITH THE POLICE DEPARTMENT, HOPEFULLY A SOLUTION CAN BE MADE BETWEEN THE CITY AND THE FIREFIGHTERS. ANNOUNCED THAT THE SOUTH PARK NEIGHBORHOOD ASSOCIATION WILL MEET ON THURSDAY,SEPTEMBER 27,2007,AT 6:30 P.M.AT SOUTH PARK BAPTIST CHURCH MAYOR PRO TEM SAMUEL - THANKED STAFF FOR THEIR HARD WORK ON THE BUDGET, APOLOGIZED FOR NOT BEING ABLE TO ATTEND THE HOPE VI MEETING HELD AT THE BEAUMONT HOUSING AUTHORITY, DISCUSSED THE NLC (NATIONAL LEAGUE OF CITIES MEETING THAT WILL BE HELD HERE IN BEAUMONT THIS WEEK AND THANKED STAFF FOR THE HARD WORK ON THE PRESENTATIONS THAT WILL BE DONE DURING THE MEETING, ALSO THANKED THE ELEGANTE' HOTEL FOR THEIR ACCOMMODATIONS Page 18 of 20 September 25,2007 COUNCILMEMBER PATE- COMPLIMENTED CITY STAFF FOR THEIR HARD WORK ON THE BUDGET,THANKED THE DAR(DAUGHTERS OF THE AMERICAN REVOLUTION) ON THE RENAMING OF PIPKIN PARK, ASKED THOSE CITIZENS THAT HAVE CABLE TO TUNE IN TO PBS, THEIR WILL BE A DOCUMENTARY ON WORLD WAR II BY KEN BURNS,THIS FRIDAY,SEPTEMBER 28,2007 THEIR WILL BE AN EXHIBITION GAME WITH THE TEXAS WILDCATTERS AT FORD PARK COUNCILMEMBER WRIGHT- CELEBRATED THE REUNION OF BLESSED SACRAMENT CLASS OF 1957, COMMENTED ON THE HOPE VI MEETING WITH AT BEAUMONT HOUSING AUTHORITY,REQUESTED A SHINE THE LIGHT COMMISSION COUNCILMEMBER BEAULIEU - THANKED THE STAFF AND THEIR HARD WORK ON THE BUDGET, AS WELL AS THE POLICE DEPARTMENT FOR THE NEGOTIATIONS ON THE POLICE LABOR AGREEMENT COUNCILMEMBER COLEMAN- CONGRATULATED THE CALDER PLACE 1929 AND THE THEIR HARD WORK AND RESULTS, THANKED THE POLICE DEPARTMENT FOR AN EXPEDIENT RESOLUTION TO THE NEGOTIATIONS OF THE LABOR AGREEMENT, THANKED COUNCILMEMBER SAMUEL FOR HIS HARD WORK ON BRINGING THE NLC TO OUR CITY,THANKED THE STAFF FOR THEIR HARD WORK ON THE BUDGET AND ITS PREPARATION CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES- CONGRATULATED MAYOR PRO TEM FOR BRINING THE NLC TO THE CITY OF BEAUMONT,GAVE KUDOS TO KABOOM AND HOME DEPOT ON THE PLAY GROUND AT BOYS HAVEN AS WELL AS THE VOLUNTEERS THAT WORKED Public: Comments (Persons are limited to three minutes) Jonathan Mark Cassidy 1040S. 4 th St. Beaumont TX Spoke regarding the crime in Beaumont stated that his place of business was broken into as well as a radiator shop across from him Page 19 of 2D September 25,2007 Salama Troy Morgan 2140 Hayes Lane Beaumont TX Spoke regarding his vehicle that was damaged on August 17, 2007 due to hitting a hole on Lucas St. Andrea Deaton 820 Evergreen Beaumont TX Spoke regarding the Tax Rate and the Truth-in-Taxation Law Brenda H. Gilbert 10745 Johnson Rd. Beaumont TX Spoke regarding the insurance money that was collected on the Gilbert Building due to Hurricane Rita Dorothy Evans 2825 Arthur Lane Beaumont TX Commented on the council meeting that is aired on the City scope channel, also asked that Council think about airing the meeting on a regular channel, also spoke regarding public transportation and Avenue A Open session of meeting recessed at 3:30 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Jim Rideaux dba JR's Automotive - Small Business Loan The City of Beaumont v. International Association of Firefighters, Local Union 399 There being no action taken in Executive Session, Council adjourned. AuqWpl tapes are a ilable upon request in the City Clerk's Office. 44h omij_-� Becky Amos Mayor J , 0, Tina Broussard, City Clerk Page 20 of 20 September 25,2007