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Home My WebLink AboutMIN JUN 24 2008 M I N U T E S - CITY OF BEAUMONT OW.L. Pate, Jr., At-Large BECKY AMES, MAYOR Gethrel Williams-Wright, At-Large Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Ward II Audwin Samuel, Mayor Pro Tem, Ward III June 24, 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 June 24, 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 - Receive report related to the L.L. Melton YMCA Public Comment: Persons may speak on scheduled agenda items No. 5/Consent Agenda Consent Agenda Mayor Pro Tem Samuel called the council meeting to order at 1:30 p.m. Reverend Henry J. Davis of Blessed Sacrament Church and Our Mother of Mercy Church gave the invocation. Jerry Ball with the Metropolitan Athletic Club led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. • Present at the meeting were Mayor Pro Tem Samuel, Councilmembers Coleman, Beaulieu,Wright, Pate and Smith. Absent: Mayor Ames. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Mayor Ames -Absence due to attending the U.S. Conference of Mayors in Washington D.C. Proclamations, Presentations, Recognitions "LIVESTRONG Across America Day" - July 19, 2008 - Proclamation read by Councilmember Coleman; accepted by Joe Haeggquist and Amy James Presentation - Report related to the L.L. Melton YMCA, given by Jerry Ball with the Metropolitan Athletic Club, accompanied by Tabitha Bellard, Michelle McCallope and Sebastian Young Mayor Pro Tem Samuel read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on scheduled agenda items No. 5/Consent Agenda. None Minutes-June 24,2008 CONSENT AGENDA • * Approval of minutes - June 17, 2008 Confirmation of committee appointments - None A) Authorize the acceptance of a water line easement and three(3)sanitary sewer easements to provide access for fire protection and sewer services to property located near Major Drive and Westfield Avenue - Resolution 08 - 189 B) Authorize the acceptance of a water line easement to provide access for fire protection services to the proposed Beaumont Trace Apartments - Resolution 08 - 190 C) Authorize the acceptance of a water line easement to provide access for fire protection services at 8060 Eastex Freeway - Resolution 08 - 191 D) Authorize the acceptance of a sanitary sewer easement to provide access for sewer services to the GKH, Inc. property located near Major Drive and Westfield Avenue- Resolution 08- 192 E) Authorize the acceptance of a sanitary sewer easement to provide access for sewer services to the Madish property located near Major Drive and Westfield Avenue-Resolution 08-193 • F) Appoint Theodore Johns as a full time City Magistrate for a two (2) year term - Resolution 08 - 194 G) Appoint Craig Lively as a full time City Magistrate for a two (2) year term - Resolution 08 - 195 H) Approve a contract for the purchase of asphalts, oils and emulsions - Resolution 08 - 196 Councilmember Beaulieu made a motion to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: 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 RS(Residential Single Family Dwelling)to RM-H (Residential Multiple Family Dwelling-Highest Density) District at 2990 S. Major Drive. Administration recommended approval of the request. Page 2 of 10 Minutes-June 24,2008 Vera Bagneris has applied for the zone change. • Ms. Bagneris states that she is in the process of purchasing this property to allow for a small assisted living facility for the elderly in an existing residential structure. Maximum capacity would be 6 residents. She states that the reason for the zone change to RM-H is to allow for a small sign in front of the property to attract clients. Ms. Bagneris says that the sign will be 6' tall and 32 sq. ft. in area. This type of facility is permitted by right in an RM-H District. At a Joint Public Hearing held June 16, 2008, the Planning Commission recommended approval 7:0 of a requestfor a zone change from RS(Residential Single Family Dwelling)to RM-H (Residential Multiple Family Dwelling-Highest Density)District at 2990 S. Major Drive. Councilmember Coleman 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 RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)DISTRICT FOR PROPERTY LOCATED AT 2990 S.MAJOR DRIVE,BEAUMONT,JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, . WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 049 2. Consider a request for a specific use permit to allow professional offices in an RCR (Residential Conservation and Revitalization) District at 425 N. 4th Street. Administration recommended approval of the request. David and Martha Kapparis have applied for the specific use permit. The Kapparis'intend to relocate the Martha Kapparis Insurance Agency to an existing office building located on the subject property. The relocation will allow the Kapparis'to expand their business and to own the building instead of leasing. The insurance agency represents Farmers Insurance Group and Farmers Financial Solutions. At a Joint Public Hearing held June 16, 2008, the Planning Commission recommended approval 7:0 of a request for a specific use permit to allow professional offices in an RCR • (Residential Conservation and Revitalization) District at 425 N. 4th Street. Page 3 of 10 Minutes-June 24,2008 Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW PROFESSIONAL OFFICES IN AN RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 425 N.4T"STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 050 3. Consider a request fora specific use permit to allow a medical office in a GC-MD-2(General Commercial-Multiple Family Dwelling-2)District at the northeast corner of Folsom Drive and Pointe' Parkway. Administration recommended approval of the request. Leap Engineering, on behalf of Camidyn Real Estate, has applied for the specific use permit. The proposed medical office will consist of a single story 25,400 sq. ft. building and related • parking. At a Joint Public Hearing held June 16, 2008, the Planning Commission recommended approval 7:0 of a request for a specific use permit to allow a medical office in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at the northeast corner of Folsom Drive and Pointe' Parkway subject to the following conditions: • A 6' wide landscape strip is required along the Folsom St. and Pointe' Parkway frontages of the parking lot; • Landscape islands, peninsulas or medians shall be provided for every 10 parking spaces; • Provide an 8' tall wood screening fence along the north end of the subject property and with a waiver of the 10' wide landscape strip along the north end of the property. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MEDICAL OFFICE IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT LOCATED AT THE NORTHEAST CORNER OF FOLSOM DRIVE AND POINTE'DISTRICT IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. • Councilmember Pate seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH Page 4 of 10 Minutes-June 24,2008 NAYS: NONE MOTION PASSED Ordinance 08 - 051 4. Consider a request to abandon an undeveloped portion of 9th Street between Corley and Roberts Street. Administration recommended approval of the request. Drainage District #6 has applied for the street abandonment. DD#6 states that it has developed a plan to relieve flooding in the Corley Cartwright areas which are located between Corley and Washington off of 11 th Street. DD#6 has acquired the property on either side of the subject tract. This area will become part of the Corley Cartwright Detention Basin. At a Regular Meeting held June 16, 2008,the Planning Commission recommended approval 7:0 of a request to abandon an undeveloped portion of 9th Street between Corley and Roberts Streets. Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE • ABANDONING A PORTION OF 9T"STREET BETWEEN CORLEY AND ROBERTS STREETS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 052 5. Consider approving a new solid waste collection and transportation service franchise. Administration recommended granting a solid waste collection and transportation service franchise to Mr. Garbage, LLC. According to City Ordinance 28-22.1, no person shall engage in the business of collecting, hauling or transporting, in the city,any garbage,waste or refuse,without first having obtained a franchise from the City. Four(4)entities(Allied Waste/BFI, I ESI, Triangle Waste Solutions and Waste Management Services)currently have nonexclusive franchise agreements with the • City and are doing business in the City. Mr. Garbage, LLC has requested that the City Council grant the company such franchise agreement. Mr. Garbage is locally owned and operated with its corporate office located at 4745 Fannett Road in Beaumont. Mr. Garbage is currently operating in the City without a franchise. The City stopped the company from using Page 5 of 10 Minutes-June 24,2008 the City's landfill until they complete the franchise paperwork and has completed the process of obtaining a franchise with the City. The requested franchise is generally the same as those previously approved by City Council. It provides for a term of one year from its effective date and shall continue on a month-to month basis until terminated by either party or extended or replaced. Mr. Garbage shall pay to the City a sum equal to seven percent(7%)of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter,franchise ordinances require readings at three(3)separate Council meetings,with the third not less than thirty(30)days from the first reading.The ordinance does not take effect until sixty (60) days after its adoption on the third and final reading. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE . MOTION PASSED Ordinance 08 - 053 PUBLIC HEARING: Dangerous Structures Public Hearing Open: 1:57 p.m. Public Comments were made by the following people who personally appeared and requested additional arrangements for their property. Richard Calvin 2490 Brickyard Beaumont TX Item: #4 2471 Brickyard Sandra Girard 7910 Shire Ln. Beaumont TX Item: #7 3840 Buffalo Rachid Chouirf 4128 Ogden Beaumont TX • Item: #9 975 Catalpa Page 6 of 10 Minutes-June 24,2008 Walter Gene Tinkle 340 W. Barkley Sour Lake TX Item: #13 4199 Concord Bennie Boutte 435 Doucette St. Beaumont TX Item: #14 435 Doucette Spoke on behalf of Orvelyn Gant Tiffany Dixon 4850 El Paso St. Beaumont TX Item: #17 4850 El Paso St. Betty Rogers 3080 Nora Beaumont TX Item: #20 1090 Gladys Curtis Dixon 2431 Hazel Beaumont TX Item: #24 2431 Hazel Marie Roberts 3280 Blossom Dr. Beaumont TX Item: #30 4135 Lakner Suzanne B. Liles P.O. Box 1583 Silsbee TX Item: #39 3180 Magnolia Ave. James Nevills 2350 Roman Beaumont TX Item: #45 993 Oakland Albert Michael Jenkins 2384 Pierce St. Beaumont TX Item: #48 2384 Pierce St. Lisa Doucet 3925 Sunbury St. Beaumont TX Item: #58 3910 Sunbury St. Spoke on behalf of the Caldwood Neighborhood Assoc. Marinette Parkerson 2080 Glasshouse Beaumont TX Item: #21 2080 Glasshouse Spoke on behalf of Darrell Parkerson Bonnie S. McMillen P.O. Box 1481 Silsbee TX Item: #41 4227 Marie Spoke on behalf of the Mortgage Company Public Hearing Close: 2:54 p.m. Page 7 of 10 Minutes-June 24,2008 6. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AS WELL AS TO ALLOW PROPERTY OWNERS OF ITEMS#4, 7, 9, 13, 14, 17, 21, 24, 30, 39, 45 AND 48 TO ENTER INTO A 150 DAY WORK PROGRAM AND TO DEFER ITEM #41 ON THE DANGEROUS STRUCTURE LIST; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Councilmember Coleman seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 054 Caption was read by the City Manager after Council approved the Ordinance. An Ordinance entitled an ordinance finding certain structures to be public nuisances and ordering their demolition; providing for severability and providing a penalty. COUNCILMEMBER COMMENTS • COUNCILMEMBER COLEMAN - CONGRATULATED THE CALDWOOD NEIGHBORHOOD ASSOCIATION FOR COMING OUT AND SHOWING WHAT COMMUNITY SPIRIT CAN DO,ENCOURAGED OTHER CITIZENS TO SPEAK UP AND BE HEARD,COMMENTED ON THE LOSS OF MAURINE GRAY,FORMER LIBRARY DIRECTOR FOR THE CITY OF BEAUMONT,CONDOLENCES TO CHIEF ANN HUFF ON THE LOSS OF HER MOTHER COUNCILMEMBER BEAULIEU - COMMENTED ON THE LOSS OF MAURINE GRAY, FORMER LIBRARY DIRECTOR FOR THE CITY OF BEAUMONT,SHARED A SHORT STORY PERTAINING TO MS. GRAY, ALSO CONGRATULATED THE CALDWOOD NEIGHBORHOOD ASSOCIATION ON BEING AT THE MEETING,EXPRESSED HOW PROUD SHE WAS OF THEM COUNCILMEMBER WRIGHT- COMMENTED ON THE LOSS OF MAURINE GRAY, NOTED THAT MS.GRAY WAS AN ONLY CHILD WITH NO IMMEDIATE FAMILY AND THAT THE CITY OF BEAUMONT AND THE "HIGH POWERED GALS" ARE MS. GRAY'S IMMEDIATE FAMILY, READ SEVERAL BIBLE SCRIPTURES IN HONOR OF MS.GRAY, ALSO CONDOLENCES TO CHIEF ANN HUFF ON THE LOSS OF HER MOTHER, THANKED THE PARKS AND RECREATION DEPARTMENT ON A JOB WELL DONE FOR NEIGHBORS IN THE PARK ON SATURDAY Page 8 of 10 Minutes-June 24,2008 COUNCILMEMBER PATE- COMMENTED ON THE LOSS OF MAURINE GRAY, AS WELL AS CONDOLENCES TO CHIEF ANN HUFF ON THE LOSS OF HER MOTHER,COMMENTED ON JERRY BALL BEING PRESENTAT THE MEETING AND HIS INVOLVEMENT IN THE COMMUNITY, CONGRATULATED THE CALDWOOD NEIGHBORHOOD ASSOCIATION FOR TAKING ACTION REGARDING THEIR NEIGHBORHOOD COUNCILMEMBER SMITH - CONDOLENCES TO CHIEF ANN HUFF ON THE LOSS OF HER MOTHER, AS WELL AS CONSTABLE WIGGINS ON THE LOSS OF HIS SON,COMMENTED ON THE LOSS OF MAURINE GRAY, ALSO COMMENTED ON THE BRICKYARD NEIGHBORHOOD ASSOCIATION CLEANUP, ANNOUNCED THAT THE SOUTH PARK NEIGHBORHOOD ASSOCIATION WILL MEET ON THURSDAY, .TUNE 26, 2008, THANKED .TERRY BALL AND THE METROPOLITAN ATHLETIC CLUB FOR MAKING AN INVESTMENT IN THE COMMUNITY,THANKED THE DEMOLITION DEPARTMENT FOR THE PUBLIC HEARING ON DILAPIDATED STRUCTURES, COMMENTED ON THE NEIGHBORS IN THE PARK CITY ATTORNEY COOPER - CONDOLENCES TO THE COMMUNITY ON THE LOSS OF • MAURINE GRAY,SINCE SHE HAD NO IMMEDIATE FAMILY THE COMMUNITY IS HER FAMILY,ALSO SHARED A SHORT STORY PERTAINING TO MS. GRAY CITY MANAGER HAYES - COMMENTED ON THE LOSS OF MAURINE GRAY, ALSO CONDOLENCES TO CHIEF ANN HUFF ON THE LOSS OF HER MOTHER MAYOR PRO TEM SAMUEL- CONDOLENCES TO CHIEF ANN HUFF ON THE LOSS OF HER MOTHER, AND CONSTABLE WIGGINS ON THE LOSS OF HIS SON, COMMENTED ON THE LOSS OF MAURINE GRAY,ALSO COMMENTED ON THE NORTH END CLEANUP,THANKED ALL THE SPONSORS FOR THEIR SUPPORT, THE YOUTH THAT CAME OUT AND HELPED, ALSO THANKED THE PARKS AND RECREATION DEPARTMENT FOR ALL OF THEIR HARD WORK MAYOR AMES - ABSENT Public Comments (Persons are limited to three minutes) • Louis Vaughn 9615 Mapes Beaumont TX Spoke regarding debris on Fannett Road, a complaint was launched with the Clean Community Department, debris was picked up the next day, also commented on the deterioration of the Pear Orchard neighborhood Page 9 of 10 Minutes-June 24,2008 Dorothy Evans 2825 Arthur Lane Beaumont TX Commented on the broadcast of the Council Meeting on the public access channel,stated that the meeting has not been shown in its entirety on several occasions, happy to see that recycling has returned, also stated she is the President of Chapter 923 of Jefferson County in Beaumont,the chapter is fighting for a decrease in medicare premiums, also commented on a diabetes seminar at Baptist Hospital Mary Lee 2345 Brickyard Rd. Beaumont TX Thanked everyone that came out to be a part of the Brickyard Neighborhood Associations cleanup, also stated that everyone needs to come to together to improve the City for everybody Bruce Hoffer 2615 Gladys Beaumont TX Spoke regarding the Youth Soccer, announced that registration is still going on for the fall season,the games begin after the Labor Day weekend, a regional tournament will take place on August 24 -25, 2008, expressed condolences to Constable Charlie Wiggins for the loss of his son, thanked the City for the recycling campaign, commented on the owners of the dilapidated structures and the theft they are experiencing Open session of meeting recessed at 3:15 p.m. • EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of the City of Beaumont v. Maple Glen Partners, LLC., Upstart Management, SF Pear Orchard, LLC., Shelter First, Inc., and Interstate Realty Management Co. There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. air Audwin Sam or No Tern i ` fill All 12 , EA OL l 1 Tina Broussard, City Clerk 11 • Page 10 of 10 Minutes-June 24,2008