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Home My WebLink AboutMIN FEB 26 2008 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 Tern,Ward 111 February 26, 2008 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 February 26,2008, 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 4-5/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Councilmember Nancy Beaulieu gave the invocation. Jarrick Brown, of the Clifton J. Ozen High School Youth and Government Team 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 present were Kyle Hayes,City Manager;Tyrone Cooper,City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "Clifton J. Ozen High School YMCA Texas Youth and Government Team" - Proclamation read by MayorAmes;accepted by Members of the Clifton J. Ozen High School YMCA Texas Youth and Government Team "NEA'S Read Across America Day" - March 3, 2008 - Proclamation read by Councilmember Beaulieu; accepted by Kim Walker, Teacher with Roy Guess Elementary School "Severe Weather Awareness Week" - February 24 through March 1, 2008Proclamation- read by Mayor Pro-Tern Samuel; accepted by Tim Ocnascheck, Emergency Management Coordinator Public Comment: Persons may speak on scheduled agenda items 4-5/Consent Agenda. None Minutes-February 26,2008 CONSENT AGENDA Approval of minutes - February 19, 2008 Confirmation of committee appointments - Resolution 08 - 050 Johnny Casmore would be appointed to the Community Development Advisory Committee. The term would commence February 26, 2008 and expire February 25, 2010. (Mayor Pro Tern Audwin M. Samuel) Johnny Casmore would be appointed to the Small Business Revolving Loan Fund Board. The term would commence February 26, 2008 and expire February 25, 2010. (Mayor Pro Tern Audwin M. Samuel) Pamela Wise would be appointed to the Small Business Revolving Loan Fund Board. The term would commence February 26, 2008 and expire February 25, 2010. (Mayor Becky Ames) A) Authorize the City Manager to execute an interlocal agreement with the North Central Texas Council of Governments (NCTCOG) for the purpose of contracting with the company that NCTCOG has awarded for joint actuarial services in order to assist the city in complying with the requirements of the Governmental Accounting Standards Board (GASB) Statement Number 45 (GASB 45) - Resolution 08 - 051 B) Authorize the release of weed liens against properties described as Lots 2 and 3 Block 25 Van Wormer Addition, Lots 8, 9, and a fraction of Lot 7 Block 30 Van Wormer Addition, and Lot 12 Block 24 Van Wormer Addition - Resolution 08 - 052 C) Authorize the settlement of the lawsuit styled World Wide Street Preachers' Fellowship,et al vs. Becky Ames, et al - Resolution 08 - 053 Councilmember Coleman made a motion to approve the Consent Agenda. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a request for a zone change from RM-M (Residential Multiple Family Dwelling- Medium Density) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District at 1650 S. Major Drive. Page 2 of 9 Minutes-February 26,2008 Administration recommended approval of a request for a zone change from RM-M (Residential Multiple Family Dwelling-Medium Density)District to RM-H (Residential Multiple Family Dwelling-Highest Density) District at 1650 S. Major Drive. Mr. Mohammed Nagori is purchasing the subject property and wishes to build approximately 288 apartment units. Under the current RM-M zoning, a maximum of 17 units per acre are permitted. Under the proposed RM-H zoning,a maximum of 29 units per acre are permitted. At a Joint Public Hearing held February 18, 2008, the Planning Commission voted 4:1 to recommend approval of a request for a zone change from RM-M(Residential Multiple Family Dwelling-Medium Density) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District at 1650 S. Major Drive. Councilmember Pate moved 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 RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING-MEDIUM DENSITY) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)DISTRICT LOCATED AT 1650 S.MAJOR DRIVE,BEAUMONT, JEFFERSON COUNTY, TEXAS; 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 Ordinance 08 - 018 2. Consider a request fora specific use permit to allow office/warehouses in a GC-MD(General Commercial-Multiple Family Dwelling) District on the west side of Eastex Freeway, approximately 184' north of Tram Road. Administration recommended approval of a request for a specific use permit. to allow office/warehouses in a GC-MD(General Commercial-Multiple Family Dwelling)District on the west side of Eastex Freeway, approximately 184' north of Tram Road. Mark W. Whiteley & Associates, Inc. has applied for a specific use permit. The proposed development will include two 4,950 sq. ft. buildings with related parking. The proposed use will be compatible with surrounding uses and will be in conformance with the Activity Corridor designation along Highway 69. Page 3 of 9 Minutes-February 26,2008 At a Joint Public Hearing held February 18, 2008, the Planning Commission voted 5:0 to recommend approval of a request for a specific use permit to allow office/warehouses in a GC-MD (General Commercial-Multiple Family Dwelling) District on the west side of Eastex Freeway, approximately 184' north of Tram Road, subject to the following condition: 1. Provide a 6' wide landscape strip along the street frontage of the parking lot. Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW OFFICE/WAREHOUSES IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED ON THE WEST SIDE OF EASTEX FREEWAY,APPROXIMATELY 184'NORTH OF TRAM ROAD IN THE CITY OF 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 08 - 019 3. Consider a request for a specific use permit to allow a real estate/investment office in an RCR (Residential Conservation and Revitalization) District at 2341 McFaddin. Administration recommended approval of a request for a specific use permit to allow a real estate/investment office in an RCR(Residential Conservation and Revitalization) District at 2341 McFaddin. Mickey Phelan, President of M & M Resources, Inc., has applied for a specific use permit. Mr. Phelan states that his company provides consulting in the real estate and investment fields. The new office will occupy a former dentist office. The hours of operation will be Monday-Friday, 8:00 a.m.through 5:00 p.m. Existing parking is located both in the front and rear yards. At a Joint Public Hearing held February 18, 2008, the Planning Commission voted 5:0 to recommend approval of a request for a specific use permit to allow a real estate/investment office in an RCR (Residential Conservation and Revitalization) District at 2341 McFaddin. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A REAL ESTATE/INVESTMENT OFFICE IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 2341 MCFADDIN IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH Page 4 of 9 Minutes-February 26,2008 NAYS: NONE MOTION PASSED Ordinance 08 - 020 4. Consider approving a contract for reconstruction of homes damaged by Hurricane Rita with funding provided from the U.S. Department of Housing and Urban Development. Administration recommended the award of a contract for the reconstruction of owner-occupied housing units to Norwood Builders, Inc. of Missouri City, Texas for a total amount of $932,544.00. The Housing Division of the Public Works Department identifies single family homes that are eligible for federal grant funding allocated to the Texas Department of Housing and Community Affairs (TDHCA) Disaster Program from the U. S. Department of Housing and Urban Development to remediate the unmet housing needs of Beaumont residents resulting from Hurricane Rita. The type of activity being completed determines the minimum construction standards that must be met. Bids were solicited from five (5) construction contractors for the reconstruction of owner- occupied housing units. The bids included reconstruction of the home with an additional bid for an alternate tub/shower unit if the homeowner requires an ADA unit to allow them to walk or roll into the shower. The reconstruction will be managed by George E. Johnson Development, Inc. of Houston and the City's Housing Division. Bids were received from four(4)contractors for thirteen (13) properties. Norwood Builders Inc. was the low bidder on each location. Funding will be provided by a federal grant from the U. S. Department of Housing and Urban Development allocated to the Texas Department of Housing and Community Affairs Disaster Recovery Program which requires no matching funds from the City. Mayor Pro Tern Samuel made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY NORWOOD BUILDERS, INC. OF MISSOURI CITY, TEXAS, FOR A CONTRACT FOR RECONSTRUCTION OF OWNER-OCCUPIED HOMES DAMAGED BY HURRICANE RITA FOR A TOTAL AMOUNT OF $932,544 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 054 Page 5 of 9 Minutes-February 26,2008 5. Consider approving a contract for mowing privately owned developed and vacant properties in violation of weed ordinances. Administration recommended the award of an annual contract to Yardboy Lawncare of Beaumont for mowing privately owned developed and vacant properties for the unit prices stated in the attached tabulation resulting in the estimated annual cost of$110,710.00. Privately owned properties are in violation of the City's weed ordinance when uncultivated growth exceeds twelve(12)inches. Property owners are notified of the violation and given a specified time to bring the property into compliance. If property owners fail to comply with the ordinance, the City's contractor mows the property and the property owner is fined. The apparent low bid was rejected due to prior performance by the vendor. The contract will be managed by the Code Enforcement Division. The contractor will be given a list of properties to mow each day. All properties will be inspected by the representatives in the Code Enforcement Division prior to payment to ensure compliance with the specifications. Funds are budgeted in the Public Health Department, Code Enforcement Division operating budget to cover the estimated annual cost of $110,710. Councilmember Coleman made motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY YARDBOY LAWNCARE OF BEAUMONT, TEXAS, FOR AN ANNUAL CONTRACT FOR MOWING PRIVATELY OWNED DEVELOPED AND VACANT PROPERTIES FOR AN ESTIMATED ANNUAL COST OF $110,710. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 055 Councilmember Pate left the meeting at 2:03 p.m., and returned at 2:05 p.m. WORKSESSION Receive and discuss a report from North Star Destination Strategies related to a "Community BrandPrint" for Beaumont Steve Chandler, president of North Star Destination Strategies, presented Council with a report related to a"Community Brand Print"for the City of Beaumont. In the report he stated the slogan would be "Rich with Opportunity" and rich with assets such as the petrochemical industry,which makes a fifth of the nation's jet fuel; Lamar University;the arts;and the natural resources like water, he also mentioned a variety of other possible options using the "Rich"theme, which included categories like music, culture, spirit, heritage and families. Steve stated that North Star did individual interviews,with focus Page 6 of 9 Minutes-February 26,2008 groups and community leaders, and conducted online surveys that resulted in the largest ever samples during its year of research into what makes Beaumont tick. Council recessed at 2:48 p.m. Council reconvened at 2:55 p.m. Review and discuss amending the Code of Ordinances to allow electronic reader board signs. Chris Boone, Community Development Director discussed amending the Code of Ordinances to allow electronic reader board signs. Chris stated that at this time, electronic reader signs are currently not allowed within the City of Beaumont. In July of 2007 the Planning Commission and City Council approved to amend an existing Ordinance allowing advertising signs and billboards to be digital with certain restrictions. Since that time, the City has been approached asking that the City relax their standards to allow electronic reader board signs within the City,which is why this worksession is taking place today. An amendment has been crafted with certain restrictions for these electronic reader board signs. In the amendment,the signs will be limited to change every 15 minutes, no flashing or animation, the message will be in one color, brightness will be limited, the signs would not be allowed in the Historic District, and limited in the RCR Districts, via the normal SUP approval process with some maximum sizes. One important restriction proposal in the Major/Dowlen/Gladys overlay district and outside the overlay district is a 60 square foot sign or a 50% maximum sign area,which could be used as a electronic reader board. Planning and Zoning did recommend denial to the amendment in their meeting. Councilmember Wright left the meeting at 3:03 p.m, and returned at 3:05 p.m. COMMENTS Councilmembers/City Manager comment on various matters Public Comment (Persons are limited to 3 minutes) COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH- CONGRATULATED THE OZEN HIGH SCHOOL YMCA TEXAS YOUTH AND GOVERNMENT TEAM, ANNOUNCED THAT THE SOUTH PARK NEIGHBORHOOD ASSOCIATION WILL BE MEETING THURSDAY,FEBRUARY 28,2008,COMMENTED ON THE WARD I TOWN HALL MEETING MAYOR PRO TEM SAMUEL - IT'S A GREAT DAY IN BEAUMONT COUNCILMEMBER PATE- CONGRATULATED THE OZEN HIGH SCHOOL YMCA TEXAS YOUTH AND GOVERNMENT TEAM ON A JOB WELL DONE, COMPLIMENTED LAMAR UNIVERSITY ON THEIR HOMECOMING, THEY ALSO RECOGNIZED THE CLASS OF 1958, THIS WEEKEND THE BOY SCOUTS CHILI COOK OFF Page 7 of 9 Minutes-February 26,2008 WILL BE AT FORD PARK, ENCOURAGED EVERYONE TO ATTEND, WISHED HIS DAUGHTER JENNIFER A HAPPY BIRTHDAY COUNCILMEMBER WRIGHT- CONGRATULATED BOBBIE PATTERSON AND THE OZEN HIGH SCHOOL YMCA TEXAS YOUTH GOVERNMENT TEAM,ALSO KIM WALKER WITH ROY GUESS ELEMENTARY SCHOOL FOR NEA's READ ACROSS AMERICA DAY, COMMENTED THAT THIS WILL BE THE LAST MEETING THAT COUNCIL WILL HAVE FOR BLACK HISTORY MONTH, IN 1926 BLACK HISTORY WAS CELEBRATED FOR A WEEK, IN THE 1970'S BLACK HISTORY WAS CHANGED TO A MONTHLY CELEBRATION, ALSO STATED THAT BLACK HISTORY NEEDS TO BE CELEBRATED ALL YEAR LONG COUNCILMEMBER BEAULIEU - COMMENTED ON THE REMARKS OF COUNCILMEMBER WRIGHT, STATED THAT THE GOAL OF AMERICA IS TO FINALLY HAVE A HISTORY BOOK THAT IS TRULY REFLECTIVE OF ALL THE CONTRIBUTIONS OF ITS CITIZENS,AND AT THAT POINT THERE WON'T BE A NEED TO CELEBRATE THE DIFFERENTIALS,WE CAN CELEBRATE THE UNITY. WHAT WE NEED IS A "THANK GOD WE ARE AMERICANS" YEAR. COMMENTED ON THE NEW CITIZENS ON PATROL COUNCILMEMBER COLEMAN- ANNOUNCED THE WARD I,TOWN HALL MEETING THAT WILL BE HELD ON THURSDAY FEBRUARY 28, 2008 AT 5:30 P.M. AT THE ELMO WILLARD LIBRARY,CONGRATULATED LAMAR UNIVERSITY BASKETBALL ON THEIR 10TH WIN IN A ROW, COMMENTED ON BILL CLARK,WHO IS CELEBRATING FIFTY YEARS,THERE WILL BE A CELEBRATION TODAY,FEBRUARY 26, 2008, ENCOURAGED EVERYONE TO EXERCISE THEIR RIGHT TO VOTE, EARLY VOTING IS GOING ON UNTIL FEBRUARY 29, 2008 AND ELECTION DAY MARCH 4, 2008 CITY MANAGER HAYES - COMMENTED ON PHASE I OF THE CALDER STREET PROJECT CITY ATTORNEY COOPER - NONE MAYOR AMES - NONE Public Comments (Persons are limited to three minutes) Mary Margaret Williams 4220 Usan St. Beaumont TX Spoke regarding her home that was damaged by hurricane Rita,she was approved for a loan through the City, her son has since gotten a job, this now puts her in a higher salary bracket, Page 8 of 9 Minutes-February 26,2008 she is no longer eligible to receive the loan, asked Council for suggestions, once she no longer receives assistance from FEMA she will be homeless Kerry Avie 3035 Elinor Beaumont TX Prayer for the City Bobbie J. Patterson 4865 Cornell Dr. Beaumont TX Thanked Councilmember Wright for her contribution for the Youth and Government,spoke on behalf of Operation One Vote, explained the Texas Two-Step Toni Prados 1090 Ave H. Beaumont TX Spoke on behalf of Margaret Williams, who is seeking help, her house was destroyed by Hurricane Rita, also commented on the slogan presented during the worksession for the City Mark Cassidy 2040S. 4 Ih St. Beaumont TX Commented on the presentation for the electronic reader board signs, as well as the break in of his house J. Shane Howard 4680 Ebonwood Beaumont TX Spoke regarding the Texas Two-Step, as well as the Halfway House on Gulf Street and the expansion that was approved by the Planning and Zoning Commission, also announced a meeting at Sterling Pruitt Activity Center regarding the halfway house and encouraged everyone to attend There being no Executive Session, Council adjourned at 3:40 p.m. Audio available upon request in the City Clerk's Office. 2��Aatl Jr. Becky Ames, r S�Q�p a hw6 aA Tina Broussard, City Clerk ill Page 9 of 9 Minutes-February 26,2008