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Home My WebLink AboutMIN APR 01 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. Alain B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Ward II Audwin Samuel, Mayor Pro Tem,Ward III April 1, 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 April 1,2008,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 item 5/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Airon Reynolds of Borden Chapel Baptist Church gave the invocation. Councilmember Coleman 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 "Child Abuse Prevention Month" - April, 2008 - Proclamation read by Councilmember Beaulieu; accepted by Rhonda O'Neal with Buckner Children's Village and Members of the Child Abuse Prevention Coalition "Kick Butts Day"-April 1,2008-Proclamation read by Councilmember Coleman; accepted by Gay Lynne Jones and Members of the Jefferson County Tobacco Prevention and Cessation Coalition "National & Global Youth Service Days" - April 25 - 27, 2008 - Proclamation read by Mayor Ames; accepted by Jackie Semien, Public Affairs Coordinator for"Ben's Kids" IEA- Inspire, Encourage, Achieve Mayor Ames read the announcement about the Executive Session to be held at the conclusion of the General Business portion of the meeting. Minutes-April 1,2008 Public: Comment: Persons may speak on scheduled agenda item 5/Consent Agenda. None CONSENT AGENDA Approval of minutes - March 25, 2008 Confirmation of committee appointments - Resolution 08 - 091 Tathia Landry would be appointed to the Community Development Advisory Committee. The term would commence April 1, 2008 and expire March 31, 2010. (Mayor Pro Tern Audwin M. Samuel) A) Authorize the revision of Resolution No. 08-018 in settlement of the claim of Millennium Transit - Resolution 08 - 092 B) Authorize the acceptance of a ten (10) foot wide water line easement [adjacent to 10 foot Water Line Easement accepted in December, 2007] providing access for fire prevention services across Industrial Apparatus property at 1320 E. Florida Avenue- Resolution 08 - 093 C) Authorize the acceptance of a ten(10)foot wide water line easement providing access for fire prevention services for the Community Bank of Texas located at Dowlen and Delaware Resolution 08 - 094 Councilmember Pate made a motion to approve the Consent Agenda. Councilmember Beaulie 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 GC-MD (General Commercial-Multiple Family Dwelling)Districtto RS(Residential Single Family Dwelling)District property located at4795 College Street. Administration recommended denial of the request for the zone change. Page 2 of 9 Minutes-April 1,2008 Stephanie Filer has applied for the zone change. Ms. Filer states that her family has resided in this former motel for over six years. In December, 2007, the Filers applied for a building permit to allow a second story addition to be constructed on part of the building. The reason for the zone change is to allow the Filers to continue the construction of a second story addition. However, a zone change to RS would prohibit the commercial activity that is now being conducted on the subject property. The Planning Manager feels that this request constitutes spot zoning. At a Joint Public Hearing held March 17, 2008, the Planning Commission recommended denial of a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling)Districtto RS(Residential Single Family Dwelling)Districtforthe property located at 4795 College Street. COUncilmember Coleman moved to DENY 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 RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 4795 COLLEGE STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION DENIED 2. Consider a request for a specific use permit to allow a heat treatment facility in an LI (Light Industrial)District and the CBD(Central Business District)located between Milam,Trinity and Gilbert Streets. Administration recommended approval of a request for a specific use permit to allow a heat treatment facility in an LI (Light Industrial) District and the CBD (Central Business District) located between Milam, Trinity and Gilbert Streets. Eastham Forge has applied for the specific use permit. The main facility will be located at the northwest corner of Trinity and Milam. Eastham Forge plans to construct a 42,250 sq.ft. building that would house a heat treatment facility. The building will house three furnaces and three quench tanks. An existing building will be demolished to make way for the new building. Eastham Forge manufactures alloy steel parts for the oil and gas exploration industry. The facility will run 24/7 and will employ four to six employees. Page 3 of 9 Minutes-April 1,2008 At a Joint Public Hearing held March 17, 2008, the Planning Commission recommended approval of a request fora specific use permit to allow a heat treatment facility in an LI (Light Industrial) District and CBD (Central Business District) located between Milam, Trinity and Gilbert Streets, subject to the following condition: • Provide a 6' wide landscape strip along the Trinity and Gilbert frontages and the required interior landscape islands within the parking lot at the southeast corner of Trinity and Gilbert. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A HEATING TREATMENT FACILITY IN AN LI (LIGHT INDUSTRIAL) DISTRICT AND CBD (CENTRAL BUSINESS DISTRICT) LOCATED BETWEEN MILAM, TRINITY AND GILBERT STREETS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. 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 - 022 3. Consider a request for a specific use permit to allow a lube shop and state inspection business in the CBD (Central Business District) at 1009 Calder. Administration recommended approval of a request for a specific use permit to allow a lube shop and state inspection business in the CBD (Central Business District) at 1009 Calder. Joseph Endari has applied for the specific use permit. Mr. Endari states that he would like to convert the existing 1,200 sq. ft. building into a two bay lube shop and state inspection business. The most recent uses of the subject property were a tattoo parlor and retail space. An auto repair shop is located immediately to the west of the subject property. At a Joint Public Hearing held March 17, 2008, the Planning Commission recommended approval of a request for a specific use permit to allow a tube shop and state inspection business in the CBD (Central Business District) at 1009 Calder subject to the following condition: • Provide a 6'wide landscape strip along the Magnolia Avenue frontage of the proposed parking lot at the rear of the building. Mayor Pro Tern Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A LUBE SHOP AND STATE INSPECTION BUSINESS IN THE CBD(CENTRAL BUSINESS DISTRICT)LOCATED AT 1009 CALDER IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Beaulieu seconded the motion. Page 4 of 9 Minutes-April 1,2008 AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 023 4. Consider a request for a specific use permit to allow a warehouse in the CBD (Central Business District) at 1036-1038 Calder. Administration recommended approval of a request for a specific use permit to allow a warehouse in the CBD (Central Business District) at 1036-1038 Calder. Weaver Enterprises, on behalf of Hadley's Furniture, has requested the specific use permit. Mr. Hadley Cohen states that the new warehouse will be a steel building that will serve his business. At a Joint Public Hearing held March 17, 2008, the Planning Commission recommended approval of a request for a specific use permit to allow a warehouse in the CBD (Central Business District) at 1036-1038 Calder subject to the following condition: • Provide a 6' wide landscape strip along the Calder Avenue frontage. Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AND ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A WAREHOUSE IN THE CBD (CENTRAL BUSINESS DISTRICT) AT 1036 - 1038 CALDER 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 08 - 024 5. Consider approving a contract with the Beaumont Community Housing Development Organization for the purchase of three pre-existing scattered-site homes. Administration recommended City Council authorize the City Manager to execute a contract with the Beaumont Community Housing Development Organization in the amount of$300,000 for the purchase of three pre-existing scattered-site homes that will be retained as lease property for no more than thirty-six months and sold to eligible low/moderate income families. Page 5 of 9 Minutes-April 1,2008 The City of Beaumont receives an annual allocation of HOME Investments Partnership funds from the U. S. Department of Housing and Urban Development("HUD")and has previously awarded contracts to the Beaumont Community Housing Development Organization for acquisition of housing to be sold to eligible low/moderate income families under lease-purchase agreements. Funding is available from the HOME Program. Mayor Pro Tern Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH THE BEAUMONT COMMUNITY HOUSING DEVELOPMENT ORGANIZATION,INC.IN THE AMOUNT OF$300,000 FOR THE PURCHASE OF THREE (3) PRE-EXISTING SCATTERED SITE HOMES THAT WILL BE RETAINED AS LEASE PROPERTY FOR NO MORE THAN THIRTY-SIX(36)MONTHS AND SOLD TO ELIGIBLE LOW/MODERATE INCOME FAMILIES. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 095 COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - CONGRATULATED ANNE HUFF ON HER APPOINTMENT AS THE NEW FIRE CHIEF, COMMENTED ON THE BRICKYARD NEIGHBORHOOD ASSOCIATION CLEAN-UP AT ST. LUKE'S MISSIONARY BAPTIST CHURCH SATURDAY, AS WELL AS TXDOT'S"DON'T MESS WITH TEXAS"CLEAN-UP,LOOKING FORWARD TO SEEING THE WIZ ON SATURDAY APRIL 5, 2008 AT 7:30 A.M., CONDOLENCES TO THE FAMILY OF FIREFIGHTER MICHAEL PIERRE MAYOR PRO TEM SAMUEL - CONDOLENCES TO THE FAMILY OF FIREFIGHTER MICHAEL PIERRE,ASKED IF STAFF IS WORKING ON THE AFFORDABLE HOUSING PROGRAM FUNDS FOR 2007-2008, ANNOUNCED THAT ON SATURDAY APRIL 5, 2008 AT 7:30 A.M., THE BRICKYARD NEIGHBORHOOD ASSOCIATION WILL BE HAVING A CLEAN-UP AT ST. LUKE BAPTIST CHURCH COUNCILMEMBER PATE - CONDOLENCES TO THE FAMILY OF FIREFIGHTER MICHAEL PIERRE, CONGRATULATIONS TO ANNE HUFF ON HER APPOINTMENT AS THE NEW FIRE CHIEF,ANNOUNCED THAT THE "GIFT OF LIFE" WOULD BE RECOGNIZING TWO OUTSTANDING INDIVIDUALS, JUDGE LARRY THORNE AND JUDGE BOB WORTHAM AT THEIR FUND RAISER THAT IS Page 6 of 9 Minutes-April 1,2008 BEING HELD AT THE HARLEY DAVIDSON DEALERSHIP ON APRIL 1, 2008, THE VOLUNTEER RECOGNITION FOR THE BEST YEARS CENTER WILL BE ON THURSDAY APRIL 3, 2008, THE BEAUMONT DRILLERS WILL BE PLAYING ON SATURDAY APRIL 5, 2008, COMMENTED ON THE CLEAN- UP'S IN THE CITY COUNCILMEMBER WRIGHT- CONDOLENCES TO THE FAMILY OF FIREFIGHTER MICHAEL PIERRE,TO THE FAMILY OF FORMER COUNCILMEMBER DON CASH, TO THE FAMILY OF CARL BRIGGS WHO LOST HIS WIFE .TUNE BRIGGS , AS WELL AS CONDOLENCES TO HER FAMILY THE ROY AND .ZONES FAMILY, CONGRATULATED CAPTAIN ANNE HUFF ON HER APPOINTMENT AS THE NEW FIRE CHIEF, AS WELL AS BETTY GREENBERG FOR HAVING THE COMMUNITY PLAY HOUSE NAMED IN HER HONOR, ADDRESSED THE COMMUNITY REGARDING THE ISSUE OF THE POLICE DEPARTMENT AND THE RECRUITING PROCESS, APOLOGIZED IF SHE SAID ANYTHING DIVISIVE IN HER COMMENTS COUNCILMEMBER BEAULIEU- COMMENTED THAT SHE DID NOT BELIEVE THAT ANYONE HAD IMPLIED THAT THERE IS ANY CORRELATION BETWEEN THE STATICS OF SOMEONE GOING TO PRISON PERTAINING TO WHO IS ON THE POLICE FORCE, AS WELL AS THE DISCUSSION OF THE IMPROVEMENT OF THE DIVERSITY OF THE POLICE FORCE, COUNCIL IS IN AGREEMENT OF IMPROVEMENT OF DIVERSITY AND SO IS THE POLICE FORCE, CONDOLENCES TO THE FAMILY OF FIREFIGHTER MICHAEL PIERRE,CONGRATULATED BETTY GREENBERG ON HAVING THE COMMUNITY PLAY HOUSE NAMED IN HER HONOR AS WELL AS ANNE HUFF ON HER APPOINTMENT OF FIRE CHIEF, COMMENTED ON HER TRIP TO AUSTIN, TX WITH THE CONVENTION AND VISITORS BUREAU, ENCOURAGED EVERYONE TO VISIT THE ART MUSEUM TO SEE THE WONDERFUL ART THAT IS DISPLAYED COUNCILMEMBER COLEMAN - CONDOLENCES TO THE FAMILY OF FIREFIGHTER MICHAEL PIERRE, CONGRATULATIONS TO ANNE HUFF ON HER APPOINTMENT AS THE NEW FIRE CHIEF, ANNOUNCED THE BEAUMONT POLICE OFFICERS BENEFIT GOLF TOURNAMENT THAT WILL TAKE PLACE ON SATURDAY, APRIL 12 & 13, 2008, ALSO THE TXDOT CLEAN-UP FOR ALL WARDS, THE BEAUMONT DRILLERS WILL BE KICKING OFF AT FORD PARK ON SATURDAY APRIL 5, 2008, CONGRATULATIONS TO ANGIE THOMAS, EXECUTIVE SECRETARY WHO WILL BE GRADUATING FROM LEADERSHIP BEAUMONT, LAMAR UNIVERSITY RED WHITE AND YOU Page 7 of 9 Minutes-April 1,2008 KICKOFF WILL BE TUESDAY, APRIL 8, 2008 AT BISTRO LEMONDE CITY MANAGER HAYES - NONE CITY ATTORNEY COOPER - NONE MAYOR AMES - CONDOLENCES TO THE FAMILY OF FIREFIGHTER MICHAEL PIERRE, CONGRATULATIONS TO ANNE HUFF ON HER APPOINTMENTAS THE NEW FIRE CHIEF,AND TO THE FAMILY OF FORMER COUNCILMEMBER DON CASH, VERY EXCITED ABOUT ALL OF THE WARD CLEAN-UPS, MENTIONED THE TXDOT KEEP BEAUMONT BEAUTIFUL CLEAN-UP FOR THE CITY Public; Comments (Persons are limited to three minutes) Mike Drury 6835 Marshall Place Dr. Beaumont TX Spoke regarding the appointment of the new Fire Chief Anne Huff, thanked Chief Charles Mullins who has done an outstanding job,thanked everyone for their condolences in the death of firefighter Michael Pierre Mary Ann Mastrangelo 850 Ave D. Beaumont TX Commented on Just Out Fresh Start, a social service organization,that is trying to provide a homeless shelter for women, invited everyone to attend their first annual golf charity event that will be held May 3, 2008 at Brentwood Country Club Christopher Jones 1045 Doucette Ave. Beaumont TX Informed Council that there was a water line problem on Doucette and Porter St., within several days it was repaired which was great,commented on the diversification of Beaumont, encouraged everyone that sees a need to speak up to do so and let the City of Beaumont know about that need, congratulated the new Fire Chief Anne Huff Dean Tucker 2570 Laurel Ave. Beaumont TX Discussed issues regarding a statement in the Beaumont Enterprise that was made by Dee Dixon, reporterforthe Enterprise, commented on the natural rightto life and the natural right to use sacred healing substances for the benefit of healing ourselves or helping others to heal Margaret Carter 1520 Rikisha Beaumont TX Commented on medicinal and industrial uses of the Hemp plant Councilmember Pate left the meeting at 2:40 p.m. and returned at 2:45 p.m. Page 8 of 9 Minutes-April 1,2008 Harold Odom 4340 Westridge Lane #121 Beaumont TX Spoke regarding chemical trail being used within the United States Mary A. Lee 2345 Brickyard Rd. Beaumont TX Invited everyone to attend the Ward IV clean-up sponsored by the Brickyard Neighborhood Association at St. Luke Baptist Church,also commented on problems with the dust from the plant in their area, asked City for any help they could render Open session of meeting recessed at 2:46 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of William Gardiner Small Business Revolving Loan Default: Carolyn Gatlin Breaux dba Unique Creations Kyle M. Sterling dba Sterling Lawn & Landscaping Helen Hunter Tubbs dba SPOTLIGHT Magazine Angela Soileau dba Right Mind Marketing Kevin Reed dba Rags Wash & Express Lube Larry Hernandez dba Los Ninos Child Education Center Etha Eglin dba La Mirage Salon Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Magistrates There being no action taken in Executive Session, Council adjourned. Audio is available upon request in the City Clerk's Office. B cky Ames ayor �rpalMOry�. ��1 / / Tina Broussard, City Clerk 1 i 1� Page 9 of 9 Minutes-April 1,2008