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HomeMy WebLinkAboutPACKET MAR 05 2002 City Jf Bera rp-jo nt REGULAR MEETING OF THE CITY COUNCIL COUNCIL, CHAMBERS MARCH 5, 2002 1:30 P.M. AGENDA OPINING Invocation Pledge Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 6 and 7 * Consent Agenda GENERAL BUSINESS 1. Consider a request for a specific use permit to allow the use of a travel trailer as temporary living quarters in an RS (Residential Single Family Dwelling) District at 7535 Chelsea Place 2. Consider a request for a specific use permit to allow office space/counseling for church ministries in an existing building in an RCR (Residential Conservation and Revitalization) and an LI (Light Industrial) District 3. Consider a request for a specific use permit to allow a drinking and eating establishment with adult entertainment in a GC-MD (General Commercial- Multiple Family Dwelling) District at 4120 College Street 4. Consider a request for a specific use permit to open a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4345 Eastex Freeway 5. Consider a request for the abandonment of Milani Street from the Interstate 10 right-of-way to Hillebrandt Bayou 6. Consider amending Section 21-75 of the Code of Ordinances relating to authorized positions in the Police Department 7. Consider approving the 2002 Strategic Action Plan Priority Initiatives 8. Consider an ordinance authorizing the demolition of the structure located at 2395 Poplar 9. Consider approving an ordinance calling the General Election for May 4, 2002 and a Runoff Election, if necessary, for May 18, 2002 to elect a Mayor and two Counci lm embers-at-Large COMMENTS * Councilmembers comment on various matters * City Manager's Report - Downtown Reinvestment Zone; Charlton Pollard Area Informational Forum; FY2003 Federal Funding Priorities; Literacy Depot TEA Funding; Nike Indoor Classic; Sales Tax Update and Sign Removal Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Rates of Entergy/Gulf States Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting. 1 March 5, 2002 Consider a request for a specific use permit to allow the use of a travel trailer as temporary living quarters in an RS (Residential Single Family Dwelling) District at 7535 Chelsea Place Cit y of Beaumont EL Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: March 5, 2002 AGENDA MEMO DATE: February 21, 2002 REQUESTED ACTION: Council consider a request for a specific use permit to allow the use of a travel trailer as temporary living quarters in an RS(Residential Single Family Dwelling)District at 7535 Chelsea Place. RECOMMENDATION The Administration recommends approval of the specific use permit to allow the use of a travel trailer as temporary living quarters in an RS District at 7535 Chelsea Place for a period of 8 months. BACKGROUND Tina and Daniel Brown, the property owners, are having mold remediation in their home at 7535 Chelsea Place. The travel trailer is 29' 10" long and 8' wide and will sit in the driveway of the residence. Electricity will be provided to the trailer and wastewater will be disposed of at an approved wastewater dump site. BUDGETARYIMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held February 20,2002,the Planning Commission voted 6-0 to approve a specific use permit to allow the use of a travel trailer as temporary living quarters in an RS District at 7535 Chelsea Place for a period of 8 months. A waiver was also granted of any additional fees if the applicant required the use of the trailer more than 8 months and had to reapply for a specific use permit. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit to allow the use of a travel trailer as temporary living quarters in an RS District at 7535 Chelsea Place for a period of 8 months. A waiver was also granted of any additional fees if the applicant required the use of the trailer more than 8 months and had to reapply for a specific use permit. FILE 1599-P: Request for a specific use permit to allow the use of a travel trailer as NORTH es temporary living quarters in the RS (Residential Single Family Dwelling) district. RL Location: 7535 Chelsea Place Applicant: Tina Brown SCALE 1"=200' 3' El 'roe Aw• noe noe � `•1 t7f I/ r97 7t one L i LANE ► i HALLIDAY LANE to 1111 I • .. -. " - SP-t JJ!•tI-t �I-V f t am-sph-t - MlOwti•t .e?�t '. 1 •':�:.` ... .,�.. s}`. J7/-lI-J 7• "' l!!I-J1-t fl�I 1Jlt l7! •A".��?"-�• - �''t'�="'r JACKSON RD. _ ? - °" ,;t. •' - -,y ro of /I-f1-1 AI/ we #I* II[ O/ N/I I PRUTZMAN ST. .w 00 V .0 yt .- - �J. 70 :::===- as at � 00 I » a'rQ CHELSEA ' $; J PL $I • j ' a r ! ; N M� MreV,l r CHELSEA PLACE ivs Ad ;v 74V jW AF b1 IG � r!f I A 1~, I - /'� RRR 2 ` At AS - \/J W S..IF' r J L 0 7 I ~ - b R Jim ad� 9��a ss I / z 2 ��• 2 a — i AI JID es Ui WICKERSHAM PLACE _ T h It 46J� c w1CXERSHAAI I I PL W I q w 'e .o Yom' a jaw? a Ar ee v 70 70.01 ~ 7 77 0' ` PHELAN BLVD. we • A>I ♦ � H 11 d OS Aft '%- _ ?- J cam" � � Jy� • CG �. Ole a f r1� 1110.1 Rpp s 1 _mss- '4*. t L c - U h 1 6 Lo+ 9 ZO L or O N L- 5�ery ni �l.L`C { S Fr� e s O N sh Paso Z• Lot 8 Star-k Z 7.5 Utt l qtr Easement 5caie ' 1"• 30 C.o.,crett FGi. lron Re� I certify that the above is a plat of a lot, known as 7535 Chelsea Place, Beaumont, Texas, the property of Jimmy D. Hamm, and wife, Tina L. Hamm, as surveyed by me, and being more fully described as Lot 8, $lock 2 of Regency Park, as the same appears upon the map or plat thereof, on file and of record in Volume 10, Page 1112 Map Records, Jefferson County, Texas. This property is located in Flood Zone "C" which is an area of minimal flooding per The Flood Insurance Rate Map of Beaumont, Texas. Census Tract Number 3.03. HaMffd F. Locke, R.P.S. Subscribed and sworn to before me, a Notary 2950 Turtle Creek Drive Public, in and for The State of Texas, this Port Arthur, Texas 77642 the 18th day of May, 1990• Notary Public in and for The State of Texas •e .1 't80t � • �.j,�''ess�oi su ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW TO ALLOW THE USE OF A TRAVEL TRAILER AS TEMPORARY LIVING QUARTERS IN AN RS (RESIDENTIAL SINGLE FAMILYDWELLING)DISTRICT FOR PROPERTY LOCATED AT 7535 CHELSEA PLACE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Tina Brown to allow the use of a travel trailer as temporary living quarters in an RS (Residential Single Family Dwelling) District for property located at 7535 Chelsea Place, being Lot 8, Block 2, Regency Park Addition, City of Beaumont, Jefferson County, Texas, containing 0.17 acres, more or less. as shown on Exhibit"A"attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens requirement on the; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit have been met and a specific use permit to allow the use of a travel trailer as temporary living quarters in an RS (Residential Single Family Dwelling) District for property located at 7535 Chelsea Place, being Lot 8, Block 2, Regency Park Addition, City of Beaumont, Jefferson County, Texas, containing 0.17 acres, more or less, is hereby granted to Tina Brown, her legal representatives, successors and assigns for those certain tracts as described in Exhibit "A" attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of March, 2002. - Mayor - g FILE 1599-P: Request for a specific use permit to allow the use of a travel trailer as NORTH eS temporary living quarters in the RS (Residential Single Family Dwelling) district. ; Location: 7535 Chelsea Place Applicant: Tina Brown SCALE 1"=200' ,roe �'ti e b ' �• a so rise live We ~ , 1 LANE M OI HALLIDAY LANE >%''ti'•!7:. ::> ANS IF %J : :I•t I ON-tP-t �• �._ t7lI t7!/ one am �-? ;.'iL;' r•``.vi_•-%�► JP4 M•4 r.• {4 JACKSON RD. - Js 'r,����• �" _ . .-t- '`, MI we MI• Mr[ t•I )�I �•����i+� �- J061 J" SP-e PRUTZMAN ST. CNELSEA� ' $ ` PL $' • �i ' a i7 /�l7�] b i~7• ��W - - • RC1 � -- - - -- ,t r CHELSEA PLACE v �wr dd PJ d4 70 Z 94P I\1 it* Cff z ` M M yt , t _ .tlJ 16 �• J1 9S I + 0 . J W O!' 9716 A3 i I I I Z 2 I t� 2 w LLLLall —_ Jr a' a Jo d I o a Uj ti ,\ N O N tJ.l If O �. CO p �a Q`'C p ss cd;� WICKERSHAM PLACE h ' wI 4WERSHAM 70, -- Pt �° ev $� s putt 77� • PHELAN BLVD. ?SOS wst oe we _ jr ..n^s EXHIBIT "A" C, sea Place. Fnd k".,Ro, d 1�or s C C��+ 1 U 1 `t A riL � LL r 9l grQ`rti/ JI �j 10 N 1�' Lo+ 9 ZO Lo+7 r t- Story r,c-k fnm KCS O N P�ho Z• Lot 8 7.5 Utlllty EaSe.,,ent Scale I '•30 Go�crehG Fki Iron Red I certify that the above is a plat of a lot, known as 7535 Chelsea Place, Beaumont, Texas, the property of Jimmy D. Hamm, and wife, Tina L. Hamm, as surveyed by me, and being more fully described as Lot 8, Block 2 of Regency Park, as the same appears upon the map or plat thereof, on file and of record in Volume 10, Page 1112 Map Records, Jefferson County, Texas. This property is located in Flood Zone "C" which is an area of minimal flooding per The Flood Insurance Rate Map of Beaumont, Texas. Census Tract Number 3.03. (il'tar"A-41 — F. Locke, R.P.S. Subscribed and sworn to before me, a Notary 2950 Turtle Creek Drive Public, in and for The State of Texas, this Port Arthur, Texas 77642 the 18th day of May, 1990. o Notary Public in and for The State of Texas .L sU EXHIBIT "B" 2 March 5, 2002 Consider a request for a specific use permit to allow an office space/counseling for church ministries in an existing building in an RCR (Residential Conservation and Revitalization) and an LI (Light Industrial) District Cit y of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: March 5, 2002 AGENDA MEMO DATE: February 21, 2002 REQUESTED ACTION: Council consider a request for a specific use permit to allow an office space/counseling for church ministries in an existing building in an RCR(Residential Conservation and Revitalization) and an LI (Light Industrial)District. RECOMMENDATION The Administration recommends approval of the specific use permit to allow an office space/counseling for church ministries in an existing building in an RCR(Residential Conservation and Revitalization) and an LI (Light Industrial) District. BACKGROUND Ebenezer Missionary Baptist Church,which is across the street from the subject property,wants to use the facility for office space and space for counseling for their church ministries. 860 Trinity is a former doctor's office that has long been vacant. In 1999,House of Praise Deliverance Ministries, received a specific use permit to allow the operation of a church education facility at this location. The building was to provide space for GED classes. This use never materialized. Ebenezer Missionary Baptist Church now wishes to use the building to provide counseling space for such needs as addiction problems, pre-marital counseling, marriage reconciliation, etc. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held February 20,2002,the Planning Commission voted 6-0 to approve a specific use permit to allow an office space/counseling for church ministries in an existing building in an RCR (Residential Conservation and Revitalization) and an LI (Light Industrial) District at 860 Trinity. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit to allow an office space/counseling for church ministries in an existing building in an RCR(Residential Conservation and Revitalization) and an LI (Light Industrial) District at 860 Trinity. z. . FILE 1600-P: Request for a specific use permit to allow a office and counsel space for NORTH ,�•, church ministries in the LI(Light Industrial) district. \ -Location: 860 Trinity - .y Applicant: Terry Taylor for Ebenezer Missionary Baptist Church SCALE 1-=2001 ar vat - 'off'. •s :e \• �� �/, !\sue� •' ,, /% �• � .P � ,A r. ,o ••o .�• 0 IS •\ AN �j • \ t.0 �� w•..i \ •� \ ,� �O ,p � ,,,'r►• gt. PTV N to� ,o � � \ \� `.t •�\ ♦" a fob ' ,� ,o°�Q� UB+JECT • . �� fi J••+ 303 vOG _- ' ��'• + y it 16 CAF '° •\ ELF c �\r� ,•, 1& 0011 -7-7-:D tf _ NI I L � V7 S� Z Xz 1 a ti o0 r �dr i V,AC ti 0 i � �v I •� ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMITTOALLOWAN OFFICE SPACE/COUNSELING FOR CHURCH MINISTRIES IN AN EXISTING BUILDING IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT AND AN LI (LIGHT INDUSTRIAL) DISTRICT, LOCATED AT 860 TRINITY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Ebenezer Missionary Baptist Church to allow an office space/counseling for church ministries in an existing building in an RCR (Residential Conservation and Revitalization) District and an LI (Light Industrial) District located at 860 Trinity, being Lots 409, 500, 501 and 510, Block 65, Beaumont Townsite, City of Beaumont, Jefferson County, Texas, containing 0.702 acres, more or less as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit have been met, and a specific use permit to allow an office space/counseling for church ministries in an existing building in an RCR (Residential Conservation and Revitalization) District and an LI (Light Industrial) District located at 860 Trinity, being Lots 409, 500, 501 and 510, Block 65, Beaumont Townsite, City of Beaumont, Jefferson County, Texas, containing 0.702 acres, more or less as shown on Exhibit "A" attached hereto, is hereby granted to Ebenezer Missionary Baptist Church, its legal representatives, successors and assigns for those certain tracts as described in Exhibit"A"attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of March, 2002. - Mayor - a FILE 1600-P: Request for a specific use permit to allow a office and counsel space for NORTH church ministries in the LI(Light Industrial) district. 4 N \ \ Location: 860 Trinity Applicant: Terry Taylor for Ebenezer Missions Baptist Church Missionary P � SCALE \ 111=200' all ° �� • .� 8�.Y � 19 t �� OG �• ,ep t �• o` ,, v \ L I i ' o �o E� G �� 0 °o •� ro b4 •moo ��� �"p��- �\ lam/ �,'�' - \ • \ �8 •�\ j •o BUJ \ ° U EC , ,o ,` • � •° t, �� � ,fit a ell lb 10 01 . tee s to o • \ : � �1` �V�O s' �`qP4� '- eA ' • lb '' � •,° \Q • is r' �► •° ; °° �\�> m --� '�`�, �---�-- �nor�b vd �► -- --�—� 2 dv7 A 0 tides W L G � W I ' Q I --. V7 C� rn ZA o0 do�t,,,^C� l � ,ctiM - 1 rte, 3 March 5, 2002 Consider a request for a specific use permit to allow a drinking and eating establishment with adult entertainment in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4120 College Street City of Beaumont Council Agenda Item A ` TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: March 5, 2002 AGENDA MEMO DATE: February 21, 2002 REQUESTED ACTION: Council consider a request for a specific use permit to allow a drinking and eating establishment with adult entertainment in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4120 College Street. RECOMMENDATION The Administration recommends denial of the specific use permit to allow a drinking and eating establishment with adult entertainment in a GC-MD District at 4120 College Street. BACKGROUND Winrock Investments, Inc., the applicant, wishes to open Dream Street Plantation Bar and Grill in an existing building at 4120 College Street. The subject property is the former location of Swampee's Restaurant. Lot 97,upon which the building sits, is zoned GC-MD. The parking lot is zoned LI (Light Industrial). A sexually oriented business is permitted by-right in a LI district. Dream Street formerly did business at a location at 4680 Fannett Road. On October 13, 2001, a storm damaged that building. Winrock Investments now wishes to relocate to the College Street location. Dream Street plans to operate with a full food menu and with the sale of mixed beverages under a TABC permit. The proposed hours of operation are Monday through Friday from 11:00 a.m.to 2:00 a.m. and on Saturday and Sunday from 6:00 p.m. to 2:00 a.m. Live adult entertainment will be available. The applicant states that all state laws and city ordinances pertaining to sexually oriented businesses will be strictly enforced. Only persons 2t years of age or over will be permitted into the building. Security will be provided by a local security company. An 8'wood privacy fence will be constructed along the west side of the property. A 6'tall decorative fence will be constructed along the property frontage. There is extensive landscaping along this frontage. An existing chain link fence is to the north of the site, on the adjacent property. No additional fencing on the subject property is proposed. The site plan shows one primary sign along the College Street frontage. Section 7-103, Code of Ordinances, requires that the primary sign for a sexually oriented business shall not exceed 50 sq. ft. in area, 10 feet in height or 10 feet in length. As the existing sign does not meet these requirements, it will have to be made to conform or a new sign installed. The Zoning Ordinance states that an adult entertainment use shall not be established or expanded within 300 feet of any other adult entertainment use, bar, pool hall or liquor store. The distance between the subject property and Hunter's Night Club at 850 IH-10 S. is less than 300'. BUDGETARYIMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held February 20,2002,the Planning Commission voted 6-0 to deny a specific use permit to allow a drinking and eating establishment with adult entertainment in a GC-MD District at 4120 College Street. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit to allow a drinking and eating establishment with adult entertainment in a GC-MD District at 4120 College Street. FILE 1601-P: Request for a specific use permit to allow a dinking and eating place NORTH with adult entertainment in the GC-MD (General Commercial-Multiple Family Dwelling) district. A Location: 4120 College SCALE Applicant: Winrock Investments, Inc. c/o Kerwin B. Stone 1 11=2001 W %00 H I L age 700 O *-a-" c , R E � : too 7 -G C lop .4 M. a 00 C COLLEGE ST. 10a JECT � o 'le zo J/ ej t JI jig se V 5 too VM5 4.2 o o ISM—H 0 r, N 5' SEWER EASEMENT LINE OF PARKING CURBS I - - ------- ------------------------------------------------------------------- �N 90'00'00" E 284.65^ ��— — —�—�— — — -1 LIGH LIGHT POLE , I I + o LOT 97 LOT � I LIGHT _ METAL OVERHANG SERVICE I ENTRY i a FE*E-�I i N '\ - I I w � I SERVICE. o \+\ 3 ENTRY I o 1 a I IO +\ U ` 106 PARKING SPACES N y 4 4 LABELED AS A.D.A. I ED I Z \1+\ p uG Z SIGNS TO COMPLY FEfICE WITH S.O.B. REGS. \�+ FENCE CUSTOMER ENTRY I I- x N PORTE-COCHERE I w0 \ c�o \\ I 003 8' DECORATIVE I I o '+\ FENCE I EXIT \ I + GATED ' ENTRY I ' SIGN EXIT W/RAMP I O/H LIG� .N 86'17'00 -°- _•� 112.9 o-- SER ELEC. GHT N 874,8'17"yy 100.06' SERVICE -- __ (TYPICAL) LANDSCAPING -Z•EGE STR$� PLAN NORTH cm SCALE: 1" = 40'-0" PROPOSED SITE PLAN ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRINKING AND EATING ESTABLISHMENT WITH ADULT ENTERTAINMENT IN A GC- MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT, LOCATED AT 4120 COLLEGE STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Winrock Investments, Inc., to allow a drinking and eating establishment with adult entertainment in a GC-MD(General Commercial-Multiple Family Dwelling)District, located at 4120 College Street, being part of Lot 97, College Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.629 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit have been met to allow a drinking and eating establishment with adult entertainment in a GC-MD (General Commercial-Multiple Family Dwelling) District, located at 4120 College Street, being part of Lot 97, College Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.629 acres, more or less, as shown on Exhibit"A"attached, is hereby granted to Winrock Investments, Inc, its legal representatives, successors and assigns for those certain tracts as described in Exhibit "A" attached hereto and made a part hereof for all purposes Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of March, 2002. - Mayor- FILE 1601-P: Request for a specific use permit to allow a dinking and eating place NORTH with adult entertainment in the GC-MD (General Commercial - Multiple Family Dwelling) district. A Location: 4120 College SCALE Applicant: Winrock Investments, Inc. c/o Kerwin B. Stone 1 11=200, AD 43 Sri %Of 0- H 4q I 700 GC 0 of Apo LU COL. Cn C D COLLEGE ST. JECT 20 2/* fl Is Ar AV 5 /00 W765 ej," RM-H O (2 EXHIBIT "A -- -o—o- -�5`-SEWER EAS LINE OF PARKING CURBS EMENT ------------- - N 00 65 LIGH LIGHT POLE I ' ' I ' I � �o I LOT 97 LOT 9 1 LIGHT _ METAL OVERHANG SERVICE o, ', 2, I ENTRY ',w FENjCE�I ;a 4 I I j 41 SERVICE ENTRY--I-,+. I o o I o d 106 PARKING SPACES V) 4 LABELED AS AAA I 8.5 � CD CE SIGNS TO COMPLY ME CE I I WITH S.O.B. REGS. m ' I a FE CEOD CUSTOMER ENTRY PORTE-COCHERE 00 n i m 8' DECORATIVE FENCE I EXIT GATED ENTRY SIGN EXIT W/RAMP LIGHT 0/H ELEC. N 86'17'00 112'9 GHT N 87'48 17"W 100.06' SERVICE (TYPICAL) LANDSCAPING 90- IXGg$ . N PLAN NORTH SCALE: 1" = 40'-0" PROPOSED SITE PLAN m x o� . 4 March 5, 2002 Consider a request for a specific use permit to open a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4345 Eastez Freeway Cit y of Beaumont K, Council Agenda Item 1—uio, I TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: March 5, 2002 AGENDA MEMO DATE: February 21, 2002 REQUESTED ACTION: Council consider a request for a specific use permit to open a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4345 Eastex Freeway. RECOMMENDATION The Administration recommends approval of the specific use permit to open a drinking place in a GC-MD District at 4345 Eastex Freeway subject to limiting the occupancy to 244 persons. BACKGROUND Jerry Jones, the owner of Club Fusion, was given a certificate of occupancy in October, 2001 for the catering of events. Mr. Jones is now applying for a specific use permit for a drinking place to allow the sale and on-site consumption of alcohol beverages. This club will not provide "adult entertainment". The current hours of operation are Thursday through Saturday, 8 p.m. to 2 a.m. Mr. Jones plans to continue those hours. Entertainment will typically be provided by a disc jockey with possible live entertainment once a month. Three businesses now occupy the subject property,Club Fusion,Aaron's Rental and Wood's Wireless. There a total of 61 parking spaces on the property. 109 spaces are required for the club at full occupancy. The 61 available spaces on the subject property would accommodate 244 persons. The club will be open when the other stores are closed. In addition, Mr. Jones has permission from Best Buy,next door,to use its parking for any overflow. No additional signage is proposed. Aaron's has an electronic reader board that is used by the applicant. Mr. Jones has been made aware that the all messages on the reader board shall be stationary, as intermittent or flashing lighting is not permitted. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held February 20,2002,the Planning Commission voted 6-0 to approve a specific use permit to allow a drinking place in a GC-MD (General Commercial- Multiple Family Dwelling) District at 4345 Eastex Freeway, subject to the occupancy correlating to the existing parking. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4345 Eastex Freeway, subject to limiting the occupancy to 244 persons. FILE 1602-P: Request for a specific use permit to allow a drinking place in the GC- NORTH MD (General Commercial- Multiple Family Dwelling) district. Location: 4345 Eastea Freeway Applicant: Jerry Jones SCALE V=200' Q jr FF�9` BEST BUY• yy i t ;�. SUB ECT R;S W 4jr W I.:x ADM t 0 x �v. ai WING.: O 'r I 12 n ' .❑� DUDE rr r Lease FZ Aaron's Store II I i ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO OPEN A DRINKING PLACE IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 4345 EASTEX FREEWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit, subject to limiting the occupancy to 244 persons, to Jerry Jones to open a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 4345 Eastex Freeway, being Plat D22, Tract 53, F. Bigner Survey, City of Beaumont, Jefferson County, Texas, containing 0.996 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit have been met subject to limiting the occupancy to 244 persons, and a specific use permit to open a drinking place in a GC-MD(General Commercial-Multiple Family Dwelling)District located at 4345 Eastex Freeway, being Plat D22, Tract 53, F. Bigner Survey, City of Beaumont, Jefferson County, Texas, containing 0.996 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Jerry Jones, his legal representatives, successors and assigns for those certain tracts as described in Exhibit"A" attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of March, 2002. - Mayor- FILE 1602-P: Request for a specific use permit to allow a drinking place in the GC- NORTH MD (General Commercial- Multiple Family Dwelling) district. - Location: 4345 Eastez Freeway Applicant: Jerry Jones SCALE 1"=200' As J BEST BUY• ��- .; Z W - e •s SUB CT • 't, a 33 - ...24- • I A ' ! I �. too -I - ev I ado J f IOU 4W 7 � W .Illy { ;j6, r.:s . a � -nom•.; ; T: Y, fi. fJ - EXHIBIT "A" m m X ' W /' I I ® i OI r I,f. Lost* / I Aaron'• Stor• I ' i 5 March 5, 2002 Consider a request for the abandonment of Milam Street from the Interstate 10 right-of- way to Hillebrandt Bayou City of Beaumont 'A Qiq W, Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: March 5, 2002 AGENDA MEMO DATE: February 21, 2002 REQUESTED ACTION: Council consider a request for the abandonment of Milam Street from the Interstate 10 right-of-way to Hillebrandt Bayou. RECOMMENDATION The Administration recommends approval of the abandonment of Milam Street from the Interstate 10 right-of-way to Hillebrandt Bayou, subject to the retention of the abandoned right-of-way as a drainage and utility easement to accommodate the existing utilities and drainage facilities. BACKGROUND Charles Leyendecker, agent for Iron Horse Enterprises, is asking that this portion of Milam Street be abandoned in order to provide better access into its properties on both sides of the street. On the north side of Milam is Cowboy Harley Davidson. According to Mr.Leyendecker,this abandoned right-of-way would provide aplace to park corporate vehicles and supply trucks for a short time. In addition, the abandonment would provide a safer environment for the motorcycle riders when attending their meetings in one of the buildings adjoining Milam Street. To extend Milam Street to the west would require the construction of a bridge across Hillebrandt Bayou. Due to the expense of the bridge and the use of this street as a "shortcut" to I1-1-10, the extension is unlikely. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held February 20,2002,the Planning Commission voted 6-0 to approve the abandonment of Milam Street from the Interstate 10 right-of-way to Hillebrandt Bayou, subject to the retention of the abandoned right-of-way as a drainage and utility easement to accommodate the existing utilities and drainage facilities. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for the abandonment of Milam Street from the Interstate 10 right-of-way to Hillebrandt Bayou,subject to the retention of the abandoned right-of-way as a drainage and utility easement to accommodate the existing utilities and drainage facilities. Worn o,yz�ti ,,, 2.4072 Acres Iron Horse Enterprises, L.P. (Cowboy Honey Davidson) CC File No. 200019017 Q RPRJCT i a .-• N 89'51'43" E 324.49' �n c N 16-55,39, w Milam S"et S 00'36'34' E 0° o ° 62.86' (60' ROW) 60.00' ,,,,to a POD S 89'46'16" W I 26.85' S 89'51'39• W 179.99' ti 0.730 Acres 0.610 Acres Iron Horse Enterprises, L.P. tron Horse Enterprises, L.P r (Cowboy Honey Davidson) (Hogg Nouse) CC File RPRJCT 200019017 CC File No. 2001032344 RPRJCT RPRJCT Being a 0.435 acre tract of land lying in the David Brown League, Abstract No. 5 in Jefferson County, Texas, bung out of and o portion of the Columbus Cartwtight Subdivision No. 1 of record in Volume 1 on Page 112 of the Map Records of Jefferson County, Texas, said 0.435 acres being more particularly described by metes and bounds as follows: Beginning at a 314' Rod in concrete found marking the West right-of-way line of Interstate Highway No. 10 (300' public roadway), the Northeast comer of that certain 0.610 acre tract of land as described in on instrument to Iron Horse Enterprises, L.P. of record in County Clerk's File No. 2001032344 of the Root Property Records of Jefferson County, Texas and being the Southeast comer of the herein described tract Thence S 89'5139' W with the North line of the said 0.610 acre tract and the South line of the herein described tract for o distance of 179.99' to a 112' Rod found marking the Northeast comer of that certain 0.730 acre tract of land as described in an instrument to )ran Horse Enterprises, L.P. of record in County Clerk's File No. 200019077 of the said Real Property Records, the Northwest comer of the said 0.610 acre tract and being an ongle point in the South line of the herein described tract; Thence S 89'46'16" W with the North tine of the said 0.730 acre tract and the South line of the herein described trod for a distance of 126.83' to a 112' Rod found marking the Northeast right-of-way line of Hillebrandt Bayou, Jefferson County Drainage District No. 6 (150' R.O.W.), the Northwest comer of the said 0.730 acre tract and being the Southeast comer of the herein described tract; Thence N 16'55'39' W with the Northeost right-of-way line of Hillebrondt Bayou and the West line of the herein described tract for a distance of 62.88' to a 112" Rod found marking the Southwest comer of that certain 2.4072 acre tract of land as described in an instrument to Iron Horse Enterprises, LP. of record in County Clerk's File No. 200019017 of the said Real Property Records and being the Northwest comer of the herein described tract; Thence N 89.51'43' E with the South line of the said 2.4072 acre tract and the North line of the herein described tract for o distance of 324.49' to a 112' Rod found marking the West right-of-way line of Interstate Highway No. 10, the Southeast corner of the said 2.4072 acre tract and being the Northeast comer of the herein described tract- Thence S 0(736'34' E with the West right-of-woy line of Interstate Highway No. 10 and the East line of the herein described tract for o distance of 60.00' to the point and place of beginning containing in area 0.435 acres (18,954 square feet) of land, more or less SCALE 1 60' eeeeses OF rf� qQ:•''�S TF•••.9 rte:�G 9O;J I hereby certify that I have prepared this Plot s rc O•,* from an actual survey of the land. jor T� Land td i CHEIL LEE BAACKIN Survey doted: January 31,{2002 Sots spurn Faurtn Stnsr - 6ssunwnt Tom mot :;9 5163 tiP:Q Teiepnona R ,1B38-6322 61-1 eomax 8,341-61?2 •9�f�'�BS SIvN:�0 r ��./•'��./`1 l /� 1�:►S U a 'mss•rT Mitchel! Lee Brackin ceas. a enw �Wirceq IS") Registered Professlorwl Land Surveyor No. 5163 FILE 620-OB: Request to abandon the 60' R.O.W. of Milam St. between the NORTH Interstate 10 feeder road and Hillebrandt Bayou. - Applicant: Charles Leyendecker for Iron Horse Enterprises,L.P. SCALE N.T.S. .P2 o pj_ .04 23 27 �g t N . ; h ` p TQ 1 Te.1 N� 51 7 4SS - 1.37 66 i - T3.70r FAC 22 134;7 N W. ,• i � rl U'N j J 23 COWBOl�c -3 HARLEY ►-� .0- 0 d p 2 .3 �. 2 /GkC: I 300005-U.'2500-9 W� ` Al �2 321 '.3 570.dd C .�. a '%So - ` o '� o2 a .1 ►.• h N ; f1 ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING MILAM STREET FROM THE INTERSTATE 10 RIGHT-OF-WAY TO HILLEBRANDT BAYOU, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR THE RETENTION OF THE ABANDONED RIGHT-OF-WAY AS A DRAINAGE AND UTILITY EASEMENT TO ACCOMMODATE THE EXISTING UTILITIES AND DRAINAGE FACILITIES. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT Milam Street from the Interstate 10 right-of-way to Hillebrandt Bayou, being a 0.435 acre tract of land lying in the David Brown League, Abstract No. 5 in Jefferson County, Texas, being out of and a portion of the Columbus Cartwright Subdivision No. 1 of record in Volume 1 on Page 112 of the Map Records of Jefferson County, Texas, said 0.435 acres being more particularly described by metes and bounds as follows: Beginning at a 3/4"Rod in concrete found marking the West right-of-way line of Interstate Highway No. 10 (300' public roadway), the Northeast corner of that certain 0.610 acre tract of land as described in an instrument to Iron Horse Enterprises, L.P. of record in County Clerk's File No. 2001032344 of the Real Property Records of Jefferson County, Texas and being the Southeast corner of the herein described tract; Thence S 89°51'39" W with the North line of the said 0.610 acre tract and the South line of the herein described tract for a distance of 179.99' to a '/z' Rod found marking the Northeast corner of that certain 0.730 acre tract of land as described in an instrument to Iron Horse Enterprises, L.P. of record in County Clerk's File No. 200019017 of the said Real Property Records, the Northwest corner of the said 0.610 acre tract and being an angle point in the South line of the herein described tract; Thence S 89°46'16" W with the North line of the said 0.730 acre tract and the South line of the herein described tract for a distance of 126.83' to a '/Z' Rod found marking the Northeast right-of-way line of Hillebrandt Bayou, Jefferson County Drainage District No. 6 (150' R.O.W.), the Northwest corner of the said 0.730 acre tract and being the Southeast corner of the herein described tract; Thence N 16°55'39" W with the Northeast right-of-way line of Hillebrandt Bayou and the West line of the herein described tract for a distance of 62.88' to a '/" Rod found marking the Southwest corner of that certain 2.4072 acre tract of land as described in an instrument to Iron Horse Enterprises, L.P. of record in County Clerk's File No. 200019017 of the said Real Property Records and being the Northwest corner of the herein described tract; Thence N 89°51'43" E with the South line of the said 2.4072 acre tract and the North line of the herein described tract for a distance of 324.49' to a '/" Rod found marking the West right-of-way line of Interstate Highway No. 10, the Southeast corner of the said 2.4072 acre tract and being the Northeast corner of the herein described tract; Thence S 00°36'34" E with the West right-of-way line of Interstate Highway No. 10 and the East line of the herein described tract for a distance of 60.00' to the point and place of beginning containing in area 0.435 acres (18,954 square feet) of land, more or less as shown on Exhibit"A" attached hereto, This property is hereby vacated and abandoned, subject to the retention of the abandoned right-of-way as a drainage and utility easement to accommodate the existing utilities and drainage facilities. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of March, 2002. - Mayor - FILE 620-OB: Request to abandon the 60' R.O.W. of Milam St. between the NORTH Interstate 10 feeder road and Hillebrandt Bayou. Applicant: Charles Leyendecker for Iron Horse Enterprises, L.P. SCALE N.T.S. 22 dj Z3 3 v 24 ZS >• o p. t . a h { o TQ I Tit.t 517 483' '.37. 86 i • . �. 7370' :L FRC 22 134,7 -nov� .--, p 3.3�4 �c U. W + 01-05200 di E—+ cl P4s1..soe `fl ~ W 1 .:. =' 23 Cow BOY•" a Z HARLEY' �.• ;.. - c� 2.40'7-7 2.A,AC 300005-0.'2500-9• acv W� Ot . .•' •-. - is V'► � `r 570. Q c 324 !,T a ,p tso' o 1 EXHIBIT "At' 2.40 72 Acres Iron Hone Enterprises, L.P. i "t (Cowboy Homy Davidson) CC File No. 200019017 C RPRJCT i N 89'51'43' E 324.49' to a ^a N 16'53.39• w MilQm Stmet S 00'36.34• E '+Cz o ° Q2.d8' (60' ROW) 60.00' 'D�' POB �• f^ �p o. S 89'46'16' w 126.8J' S 89'51'39• w 179.99' Q� Z 0.730 Acres 0.610 Acres a Iron Morse Enterprises. L.P. Iron Horse Enterprises, L.P (Cowboy Morley Davidson) (Hogg House) e CC File No. 2000 1 90 1 7 CC File No. 20010J2344 RPRJCT RPRJCT Bung a 0.435 ocre tract of land lying in the David Brown League, Abstract No. 5 in Jefferson County. Texas• bung out of and a portion of the Columbus Cortwtight Subdivision No. 1 of record in volume 1 on Page 112 of the Mop Records of Jefferson County, Texas, said 0.435 acres being more porticularty described by metes and bounds as follows: Beginning at a 3/4' Rod in concrete found marking the West nght-of-way line of Interstate Highway No. 10 (300' public roadway), the Northeast comer of that certain 0.610 acre tract of land as deecribed in an instrument to Iron Hone Enterprises. L.P. of record in County Clerk's rile No. 2001032344 of the Root Property Records of Jefferson County. Texas and bung the Southeast comer of the hereon deseribed tract: Thence S 8751'39" W with the North line of the said 0.610 acre tract and the South line of the herein described tract for o distance of 179.99' to a 112' Rod found marking the Northeast comer of that certain 0.730 acre tract of land as described in an instrument to Iron Morse Enterprises. LP. of record in County Clerk's File No. 200019077 of the said Real Property Records. the Northwest comer of the said 0.610 ocre tract and being an angle point in the South line of the herein described tract; Thence S 89'46'16 W with the North line o/ the said 0.730 ocre tract and the South time of the herein described troc: for o distance of 126.83' to a 112' Rod found marking the Northeast right-of-way line of M,,:aorono: a_y:u, Jefferson County Drainage District No. 6 (150' R.O.W.), the Northwest corner of the said 0.730 acre tract and being the Southeast comer of the herein described tract; Thence N 16'55'39 W with the Northeast right-of-way line of Mi"brondt Bayou and the West line of the herein described troet for a distance of 62.88' to a 112' Rod found marking the Southwest comer of that certain 2.4072 acre tract of land as described in an instrument to Iron Hone Enterprises, L.P. of record in County Clerk's File No. 200019017 of the said Real Property Records and being the Northwest comer of the heroin described tract; Thence N 89'51'43' E with the South line of the said 2.4072 acre tract and the North line of the herein described tract for o distance of 324.49' to a 112' Rod found marking the West right-of-way line of Interstate Highway No. 10, the Southeast corner of the said 2.4072 ocre tract and being the Northeast comer of the herein described tract; Thence S 00'36'34' E with the West right-of-way line of Interstate Highway No. 10 and the East line of the herein described tract for a distance of 60.00' to the point and place of beginning containing in area 0.435 acres (18,954 square feet) of land, more or less. SCALE I'>. 60' cress �E0FTffi h;' �' '9F.;S 1 hereby certify that 1 have prepared trios Plot Q 'e rc ^w O;t from an actual survey of the land Surveyor's "' """' ""."' Survey doted: January 31. 2002 Toes Rs�eend ProJ4ssiw+el tend Swveyms �a.i�HzL. EE 89ACKIN• ` 303 Same FouN ) 83 - 8sourwst Tula 77701 y .•5163 ' ieieonone RPL53186JA�OLOOmu 838-6122 �u wri /T Mitchell Lee Brockin uerr•r\n.wn.u..e wy ( ) Reghterw Profeseiorwf Land Surveyor No. 3161 6 March 5, 2002 Consider amending Section 21-75 of the Code of Ordinances relating to authorized positions in the Police Department 1~ Cit y of Beaumont 'm K. Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED: Tom Scofield, Chief of Police MEETING DATE: March 5, 2002 AGENDA MEMO DATE: February 15, 2002 REQUESTED ACTION: Consider an Amendment to Municipal Ordinance 99-45, Section 21-75 changing Grade I and Grade III positions. RECOMMENDATION Council consideration of an amendment to Municipal Ordinance 99-45, Section 21-75 changing Grade I Positions from 194 to 195 and Grade III positions from 12 to 11. BACKGROUND As of January 31,2002,Grade III Lieutenant J.R. Smith retired.In keeping with the reorganization within the Police Department that began with the October 1997 collective bargaining agreement,a reduction of the Grade III position is needed. By reducing this position and increasing the Grade I position, this will accurately reflect the current organization of the Police Department as well as allow the utilization of the police specialist positions in the Criminal Investigations Division. BUDGETARYIMPACT The current annual pay for one Grade III Lieutenant is $56,064. The annual pay for one Grade I Patrolman is $33,552 which is a positive budget impact of$22,512. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Chief of Police RECOMMENDED MOTION Accept/Deny the Amendment to Municipal Ordinance 99-45, Section 21-75 changing Grade I and Grade III positions. Beaumont Police Department .N~ Tom Scofield, Chief Office: 409-880-3801 • Fax: 409-880-3844 P.O. Box 3827 w Beaumont, Texas 77704-3827 11L www.ih2000.net/bpd/ February 14, 2002 Mr. Stephen J. Bonczek City Manager P. O. Box 3827 Beaumont, TX 77704 Dear Mr. Bonczek, As of January 31, 2002, Grade III Lieutenant J. R. Smith retired. I am therefore requesting that the City Ordinance Section 21-75 be amended reducing the number of positions in the Grade III category by one from 12 to 11. I then wish to take those positions and increase the Grade I authorized personnel by one position from 194 to 195. This request is in keeping with the reorganization within the Police Department that began with the October 1997 collective bargaining agreement and continues in the current collective bargaining agreement. Furthermore, it allows for the utilization of the police specialist positions in the Criminal Investigations Division. Below is a summary of the changes in proposed personnel allotments: Current: Proposed: Grade I 194 195 Grade II 53 53 Grade I1I 12 11 Grade IV 3 3 Deputy Chief 2 2 Total 264 264 1 will be glad to provide any additional information necessary. Sincerely, Tom Scofield Chief of Police ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING SECTION 21-75 OF THE CODE OF ORDINANCES TO AMEND THE GRADE I AND GRADE III POSITIONS IN THE BEAUMONT POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Section 1. THAT Chapter 21, Section 21-75 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Section 21-75. Grades and Classifications - Police Department The following grades and classifications are hereby established within the Police Department. BE IT ORDAINED BY THE CITY OF BEAUMONT: Grade Classification Positions I Officers 195 11 Sergeants 53 III Lieutenants 11 IV Captains 3 Deputy Chiefs 2 Total 264 Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. All ordinances or parts of ordinances in conflict herewith, including conflicting portions of the City Budget, are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of February, 2002. - Mayor - SAAGENDAICITY CLERK102-26-02.wpd 7 March 5, 2002 Consider approving the 2002 Strategic Action Plan Priority Initiatives City of Beaumont lie-it Council Agenda Item A EL TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen J. Bonczek, City Manager MEETING DATE: March 5, 2002 AGENDA MEMO DATE: February 14, 2002 REQUESTED ACTION: Council approval ofthe 2002 Strategic Action Plan Priority Initiatives RECOMMENDATION The administration recommends approval of the 2002 Strategic Action Plan Priority Intitiatives reflecting critical issues to be addressed in the City. BACKGROUND The 2002 Strategic Action Plan reflects the continued commitment of the Mayor and Council to the following strategic directions: • Build and Diversify the Economic Base • Revitalize Neighborhoods • Improve the Visual Appearance of the City • Maintain Financial Stability The strategic actions identified are not all inclusive as the FY2002 budget provides department program goals and objectives. The administrative goals and objectives in the FY2002 budget were reviewed and approved by Council in September 2001. In order to support future growth and community development within the available funding, the Council has prioritized projects, services and investment opportunities. The Strategic Action Plan is based on direction from the 2002 Partnership in Governance meeting and numerous neighborhood meetings with Council, Administration and residents. These community building efforts focus on empowering citizens to identify and resolve neighborhood issues and assist the City in allocating limited resources to improve the quality of life in their area. The Administration will provide periodic status reports on each issue/project throughout 2002 so Council can monitor progress in achieving these strategic actions. With collaborative leadership among the Mayor/Council/Administration and citizens, the vision of the City for the next millennium as a revitalized and economically diverse community will be realized. BUDGETARY IMPACT The financial costs to implement the Strategic Plan varies with the strategic initiatives. PREVIOUS ACTION At the regular meeting of February 12, 2002,a draft of the 2002 Strategic Action Plan was provided to Council for review. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. RECOMMENDED MOTION Approve/Deny the 2002 Strategic Action Plan Priority Initiatives. 8 March 5, 2002 Consider an ordinance authorizing the demolition of the structure located at 2395 Poplar City of Beaumont •�• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: John Labrie, Clean Community Department Director MEETING DATE: March 5, 2002 AGENDA MEMO DATE: February 28, 2002 REQUESTED ACTION: Council consider an Ordinance authorizing the City to demolish the following structure immediately without further notification to the owners. 1. 2395 Poplar (Commercial/Residence) RECOMMENDATION At the request of Councilman Audwin Samuel, 2395 Poplar(Commercial/Residence) is being brought back before City Council with more clarifying information on the structure.. BACKGROUND This structure appeared before City Council on February 26, 2002, and was deferred for further information from Staff regarding the structure's commercial status and also whether the structure was occupied at the time of declaring structure substandard and tagging. BUDGETARY IMPACT City may incur the cost of demolition. PREVIOUS ACTION City Council deferred for further information regarding commercial status. SUBSEQUENT ACTION Clean Community Department will demolish or cause to be demolished said structure. RECOMMENDED BY City Manager and Clean Community Department Director. RECOMMENDED MOTION Approve/Deny the authorization to demolish the above listed structure in non-compliance with City codes. 9 March 5, 2002 Consider approving an ordinance calling the General Election for May 4, 2002 and a Runoff Election, if necessary, for May 18, 2002 to elect a Mayor and two Councilmembers- at-Large City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Lolita Ramos, Interim City Clerk MEETING DATE: March 5, 2002 AGENDA MEMO DATE: February 22, 2002 REQUESTED ACTION: Council approve an ordinance calling the General Election for May 4,2002 and a Runoff Election,if necessary,for May 18,2002 to elect a Mayor and two (2) Councilmembers-at-Large RECOMMENDATION Approve the election and possible runoff election dates. BACKGROUND The City Charter dictates that all elective officials shall be elected on a regular election day established by the Election Code of the State of Texas. The City of Beaumont has established the first Saturday of May to conduct elections, and will conduct a joint election with the Beaumont Independent School District. The City of Beaumont will elect a mayor and two councilmembers-at- large and the Beaumont School District will elect trustees for Districts 6 and 7. BUDGETARYIMPACT Estimated expense to conduct an election is estimated at$34,000,which will be shared pro rata with the Beaumont Independent School District. Should a runoff election be necessary, the City of Beaumont would bear the total expense. PREVIOUS ACTION None. SUBSEQUENT ACTION The General Election will be conducted May 4, 2002 and a Runoff Election on May 18, 2002, if necessary. General Election and Runoff Election February 22, 2002 Page 2 RECOMMENDED BY City Manager and Interim City Clerk RECOMMENDED ACTION Approve/Deny an ordinance calling the General Election for May 4, 2002 and a Runoff Election May 18, 2002, if necessary ORDINANCE NO. AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, PROVIDING FOR A GENERAL ELECTION TO BE HELD ON THE 4TH OF MAY, 2002, FOR THE PURPOSE OF ELECTING A MAYOR AND TWO (2) COUNCILMEMBERS-AT-LARGE;DESIGNATING POLLING PLACES AND APPOINTING ELECTION OFFICIALS FOR SUCH ELECTION;PROVIDING THE FORM OF THE BALLOT AT SUCH ELECTION; DIRECTING THE GIVING OF NOTICE OF SUCH ELECTION; ORDERING A RUNOFF ELECTION IF NECESSARY TO BE HELD ON THE 18TH DAY OF MAY, 2002; PROVIDING FOR A JOINT ELECTION WITH THE BEAUMONT INDEPENDENT SCHOOL DISTRICT; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. In accordance with the City Charter,the Constitution,and general laws of the State of Texas, a general municipal election is hereby called and ordered for the first Saturday in May, 2002, the same being the 4th day of said month, at which election all qualified voters residing within the corporate limits of the City may vote for the purpose of electing a Mayor and two (2) Councilmembers-At-Large for full terms. Section 2. No person's name shall be placed upon the official ballot as a candidate for any of the above-mentioned positions unless such person has filed his or her sworn application, as provided by Section 141.031, Section 143.004, and Section 143.007 of the Texas Election Code, and Article IV, Section 5 of the Charter of the City of Beaumont, with the Mayor, or in his absence, the City Clerk, not later than five o'clock (5:00) p.m. on the forty-fifth day before the date of such election. The City Clerk shall note on the face of each such application the date and time of its filing. A declaration of write-in candidacy must be filed with the City Clerk as provided by Section 146.054 of the Texas Election code, not later than five o'clock (5:00) p.m. on the forty-fifth (45th) day before election day, except as otherwise provided in the case of a deceased or ineligible candidate. Section 3. Said election shall be held jointly with the Beaumont Independent School District in accordance with Chapter 271 of the Texas Election Code; and the City Clerk of the City of Beaumont, Texas, agrees to coordinate, supervise, and handle all aspects of administering said joint election in accordance with the provision of the Texas Election Code and as outlined in their terms of agreement contained herein: a) Single ballot forms shall be used for the joint election. b) The City of Beaumont shall be responsible for the appointment of all election judges. C) Location of polling places is attached hereto as Exhibit "A." d) One set of ballot boxes shall be used and records for all elections shall be combined. e) Canvassing of votes shall be conducted separately by each political subdivision. f) The City Clerk of the City of Beaumont is designated as the general custodian of election records for the joint election. g) Early voting shall be held jointly, and the City Clerk of the City of Beaumont shall serve as the joint early voting clerk. The joint early voting shall be conducted during the hours, including any extended or weekend hours, at the early voting place or places at which the early voting clerk regularly conducts early voting for the City. The regular early voting clerk shall receive applications for early voting ballots to be voted by mail in accordance with Texas Election Code, Section 81.001, et. Seq. The remaining procedures for conducting early voting by mail shall be completed by the City Clerk of the City of Beaumont. h) Each participating entity will be responsible for all required elections orders, resolutions, notices, and any other pertinent documents required by its respective governing body, including making the submissions required by the Federal Voting Rights Act of 1965 and any other changes which require pre- clearance by the United States Department of Justice. Preparation of necessary bilingual materials and notices will also be the responsibility of each participating entity. i) The expenses of the election shall be divided with each governmental entity paying an equitable share of said expenses. j) The judges and clerks shall be compensated at a rate of$8.00 per hour. No judge or clerk shall be paid for more than one hour of work before the polls open and no period of time subsequent to two hours after voting is concluded by all voters offering themselves for voting during regular voting hours. The election official who delivers the returns of the election shall be paid an additional $25.00 provided he/she also returns unused ballots, elections supplies, and ballot boxes when he/she makes delivery of the returns of the election. Section 4. Legally qualified voters residing within the corporate limits of the City of Beaumont shall be entitled to a vote at said election for the respective candidate(s). Section 5. That said election shall be held in the City of Beaumont between the hours of 7:00 a.m. and 7:00 p.m. at the places listed in Exhibit "A" attached hereto and made a part hereof for all purposes. The persons whose names appear in Exhibit"A" are appointed presiding judges and alternates for the respective polling places with authority to select and appoint clerks. Pursuant to Sections 32.032 and 32.033 of the Texas Election Code, the presiding judge for each election precinct shall appoint a minimum of two (2) clerks, and the City Clerk may authorize as many additional clerks as are deemed necessary for the proper conduct of the election. Section 6. That notice and order of said election shall be given by posting and publishing said notice and order as provided by the Texas Election Code. Section 7. That an electronic voting system, as described by Title 8 of the Texas Election Code, shall be used for said election; and the following are hereby appointed officers of said election to serve at the Central Counting Station, which is hereby established at the Mid-County Office Building, 2748 Viterbo Road, Nederland, Texas: Manager of the Central Counting Station, Byron Broussard; Tabulation Supervisors, Paul Helejda and Ken Seholm; Presiding Judge of the Central Counting Station, Rebecca Hoge, Deputy City Clerk. The official ballots, ballot cards, and ballot labels, respectively, for the election shall be prepared in accordance with the Texas Election Code. Section 8. That the City Clerk is hereby appointed clerk for early voting; and pursuant to Sec. 83.034 of the Texas Election Code, the appointment of Rebecca Hoge as deputy early voting clerk is approved, said appointment being without additional compensation. The City Clerk may authorize as many additional clerks as are deemed necessary for the proper conduction of the election. Early voting by personal appearance shall be conducted at the City Hall, City Clerk's Office, Room 125, 801 Main Street, Beaumont, Texas, 77701. Early voting ballot applications and ballots voted by mail shall be sent to the City Clerk's Office, P. O. Box 3827, Beaumont, Texas, 77704-3827. The clerk shall keep the said office open for at least eight(8) hours between 8:00 a.m. and 5:00 p.m. on each day for early voting which is not a Saturday, a Sunday, or an official State holiday beginning on the twentieth (20th) day and continuing through the fourth (4th) day preceding the date of such election; provided, however, except as authorized by Section 85.005(a), Texas Election Code, said clerk shall not permit anyone to vote early by personal appearance on any day which is not a regular working day for the clerk's office, and under no circumstances shall she permit anyone to vote early by personal appearance at any time when her office is not open to the public. Section 9. That early votes by personal appearance and by mail shall be counted by an early voting ballot board consisting of a presiding judge and two clerks, and the City Clerk may authorize as many additional clerks as are deemed necessary. Barbara Fritschel is hereby appointed Presiding Judge of the Early Voting Ballot Board; and she shall appoint the clerks. Early votes shall be canvassed and returned by the Early Voting Ballot Board to the Central Counting Station by 7:00 p.m. on election day. Section 10. In accordance with the Charter of the City of Beaumont and the laws of the State of Texas, a runoff election, if necessary, is ordered to be held on the 18th day of May, 2002, between the hours of 7:00 a.m. and 7:00 p.m., to be held at the same voting locations within the ward in which a runoff election is required and with the same election officers and judges as the general election. Notice and order of said runoff election shall be given by posting and publishing said notice and order as provided by the Texas Election Code. Section 11. If any person or persons appointed herein do not appear, are unable to perform their duties, or fail to perform their duties, the Mayor shall have the discretion and authority to appoint any substitute personnel to fill the position(s). Section 12. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the City Clerk, as provided by Section 52.094 of the Texas Election Code. The City Clerk shall post a notice in her office, at least seventy-two (72) hours prior to the date on which the drawing is to be held, of the time and place of the drawing, and shall also give personal notice to any candidate who makes written request for such notice and furnishes to the City Clerk a self-addressed, stamped envelope. Each candidate involved in the drawing, or a representative designated by the candidate, shall have a right to be present and observe the drawing. Section 13. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid or adjudged unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable; and the City Council of the City of Beaumont, Texas, declares it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 14. That all ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of March 2002. Mayor David W. Moore ATTEST: Interim City Clerk EXHIBIT "A" - 2002 GENERAL ELECTION ORDINANCE PRECINCT POLLING LOCATION JUDGE ALTERNATE French Elementary School Don E. Hegele Yvonne Smith 3525 Cleveland Avenue Beaumont, Texas 77703 2 Smith Middle School Bettye Desoto Louis B. DeSoto 4415 Concord Beaumont, Texas 77703 3 Brown Alternative Center Etta Lois Hope Betty Spears 1900 Pope Beaumont, Texas 77703 4 Administration Building Dr. Bruce Drury Cherry Ford 3395 Harrison Avenue Beaumont, Texas 77706 5 Caldwood Elementary Jimmie O'Neal Dolorous Kelley 102 Berkshire Lane Beaumont, Texas 77707 6 Central Senior High School William Cullins Celeste V. Johnson 88 Jaguar Beaumont, Texas 77702 7 O. C. "Mike" Taylor Career Judy Boutte Jean Runnels Center 2330 North Beaumont, Texas 77702 8 Magnolia Baptist Church Shelia Hebert James Suire 2830 Pine Street Beaumont, Texas 77703 10 Scott Olive Baptist Church Nannette Cantue Leslie Cantue 1050 Ewing Beaumont, Texas 77701 11 Jefferson County Rose Marie Owens Lorenzo L. Owens Courthouse 1149 Pearl Beaumont, Texas 77701 12/13 Dunbar Elementary Revordia Williams Dora Chatman 825 Jackson Beaumont, Texas 77701 14 Ogden Elementary School Lillian Frye Marilyn Frazier 2300 Victoria Beaumont, Texas 77701 15 King Middle School Annie Pumphrey Olivia Gonzales 1400 Avenue A Beaumont, Texas 77701 16 Fletcher Elementary School Herman Davis, Jr. Rose Davis 1055 Avenue F Beaumont, Texas 77701 17, 26, 90 Municipal Airport Donna Hargraves Bobbie F. Watson Highway 90/455 Keith Road Beaumont, Texas 77713 18 Ozen High School Dorothy S. Thomas Levora Anderson 3443 Fannett Road Beaumont, Texas 77705 19 BISD Administration, Annex Leonie Bodin Leo Lemell 1025 Woodrow Beaumont, Texas 77705 20 Pietzsch Elementary Grace DeMary Isadora Thomas 4301 Highland Avenue Beaumont, Texas 77705 22 Guess Elementary School Vickie Clement Kathie Walker 8055 Old Voth Road Beaumont, Texas 77713 23 LNVA James Boykin Karlene Boykin 7850 Eastex Freeway Beaumont, Texas 77708 27, 78, 86 Amelia Elementary Huberta Maynor Maydell Janecka 565 South Major Drive Beaumont, Texas 77707 39 Blanchette Elementary Maudry Plummer Isabelle Sonnier 2400 Lela Beaumont, Texas 77705 62 Sallie Curtis Elementary Ward McCurtain Edna McCurtain 6225 North Circuit Beaumont, Texas 77706 63 Lucas Elementary Thelma Nobles Sallie Cannon 1750 East Lucas Beaumont, Texas 77703 64, 92 Beaumont Community Players Mary B. Francis Leona Moore 5515 Phelps Beaumont, Texas 77705 65 Regina-Howell School Peter J. Bevlaqua Verna Bevlaqua 5850 Regina Lane Beaumont, Texas 77706 66, 25 Bevil Oaks Civic Center Mildred J. Jones Deborah Olson 7390 Sweetgum Road Beaumont, Texas 77713 67, 21 South Park Middle School Viola Koenig Marjorie Applebach 4500 Highland Avenue Beaumont, Texas 77705 68 Austin Middle School Bobby T. Cowart Dot Wilkerson 3410 Austin Beaumont, Texas 77706 72 Southern Star Gymnastics Oleta Holmes Lenora Caffey 7595 Highway 105 Beaumont, Texas 77713 73 George Marshall Middle Ella Sanders John Clayton School 6455 Gladys Beaumont, Texas 77706 75 Lamar University, Willie Marrou Janice F. Marrou McDonald Gym 4400 MLK, Jr., Pkwy. Beaumont, Texas 77705 77 St. Pius X Church Schieketha E. Lois Simmons 5075 Bigner Road Simmons Beaumont, Texas 77707 79, 100 Tennis Center John N. Mistrot Mary Malone 6455 College Beaumont, Texas 77707 84 Fehl School Ora Magee Carolyn R. Calhoun 3350 Blanchette Beaumont, Texas 77701 85 OCAW Hall Alice M. Dyes Verlene Davenport 2490 South 11th Street Beaumont, Texas 77701 87, 88, 99 Pine Burr Baptist Church Mary Ehrensberger Paula Legendre 5095 Bine Burr Beaumont, Texas 77708 89 Ridgewood Retirement Center Ruth T. Cole Laura Wheeler 2520 IH 10E Beaumont, Texas 77703 104 Wesley United Methodist Helen W. Stone Eloise Stone 3890 Dowlen Road Beaumont, Texas 77706 . �3 . L- i o f Beaumont REGULAR MEETING OF THE CITE' COUNCIL COUNCIL, CHAMBERS MARCH 5, 2002 1:30 P.M. I CONSENT AGENDA Approval of minutes Confirmation of committee appointments A) Authorize the settlement of a lawsuit I CONSENT AGENDA MARCH 5, 2002 * Committee Appointments A) Authorize the settlement of a lawsuit The lawsuit styled Christine Jordan et al v.The City of Beaumont,et al would be settled in the amount of$5,500. This matter was discussed in an Executive Session on February 5,2002. A copy of the staff memorandum is attached for your review. A City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Tyrone E. Cooper, First Assistant City Attorney MEETING DATE: March 5, 2002 AGENDA MEMO DATE: February 25, 2002 REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit styled Christine Jordan et. al. vs The City of Beaumont, et. al. RECOMMENDATION Council approval of a resolution authorizing the settlement of a lawsuit styled Christine Jordan et. al. vs The City of Beaumont, et. al. BACKGROUND Council discussed the settlement of this lawsuit in Executive Session February 5, 2002. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund to pay the settlement amount of$5,500. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. RECOMMENDED MOTION Approve/Deny a resolution authorizing the settlement of the lawsuit styled Christine Jordan et. al. vs The City of Beaumont, et. al. G:\CG\RESOLUTI\CLAIMLAW.DOC\AGEN MEMO-LAWWordan-TC-2-02.wpd RESOLUTION NO. WHEREAS, the lawsuit of Christine Jordan et. al. vs The City of Beaumont, et. al. has been discussed in an Executive Session properly called and held Tuesday, February 5, 2002; and, WHEREAS, the Council desires to authorize the settlement of the lawsuit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit of Christine Jordan et. al. vs The City of Beaumont, et. al. in the amount of Five-Thousand Five- Hundred ($5,500) Dollars. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of March, 2002. - Mayor - GAMRESOLUTRCLAIMLAW.DOCIRESO-LAWSUITSWaynes 12-12-01.wpd