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HomeMy WebLinkAboutMIN NOV 25 2008 M I N U T E S - CITY OF BEAUMONT W.L. Pate, Jr., At-Large BECKY AMES, MAYOR Gethrel Williams-Wright,At-Large Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Ward 11 Audwin Samuel, Mayor Pro Tem, Ward III November 25, 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 November 25,2008, at the City Hall Council Chambers, 801 Main Street, Beaumont,Texas, at 1:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 1-7, 9-12/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Dr. Irvin Barrett Pastor, of Sunlight Baptist Church gave the invocation. Maggie Colleen Darr, Granddaughter of Councilmember Nancy Beaulieu, 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 and Pate. Absent: Councilmember Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Councilmember Smith was absent due to his job. Proclamations, Presentations, Recognitions None Mayor Ames 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 8-12/Consent Agenda. Richard Chappell 4335 Flamingo Rd. Beaumont TX Spoke regarding Item A on the Consent Agenda, asked that Council support the one year contract with the Greater Beaumont Chamber of Commerce. Minutes-November 25,2008 CONSENT AGENDA Approval of minutes - November 18, 2008 Confirmation of committee appointments - None A) Authorize a one year contract with the Greater Beaumont Chamber of Commerce for economic development purposes - Resolution 08 - 313 B) Authorize the City Manager to execute the renewal of a lease agreement for office space for the Southeast Texas Auto Theft Task Force - Resolution 08 - 314 C) Authorize the settlement of the lawsuit styled April Gentry vs. The City of Beaumont - Resolution 08 - 315 Mayor Pro Tern Samuel made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling)District to RS(Residential Single Family Dwelling)District at 2925 Roberts and the tract on the south side of Roberts Avenue, 165' west of Fourth Street. Administration recommended approval of the request. Terry Gray and Georgia Gray Guillory have applied for the zone change. The subject property is located at 2925 Roberts and the lot immediately to the east of 2925 Roberts. Mr. Gray states that he has resided at 2925 Roberts all of his life. He has bought the lot to the east and would like to construct a new house on that lot. He would move into that house and then rehabilitate the house at 2925 Roberts. At a Joint Public Hearing held November 17,2008,the Planning Commission recommended approval 8:0 of a zone change from GC-MD(General Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District at 2925 Roberts and the tract on the south side of Roberts Avenue, 165' west of Fourth Street. Page 2 of 19 Minutes-November 25,2008 Councilmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2925 ROBERTS AVENUE, 165' WEST OF FOURTH STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Ordinance 08 - 104 2. Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling- Highest Density) District to RS (Residential Single Family Dwelling) District, from RCR (Residential Conservation and Revitalization) District to RS (Residential Single Family Dwelling) District and from RCR (Residential Conservation and Revitalization) District to RCR-H (Residential Conservation and Revitalization-H) District. Administration recommended approval of the request. The Old Town Neighborhood extends from IH-10 to Smart and from 1St Street to 11th Street. From January, 2000 to June, 2008, there have been requests for fifty specific use permits within this area. As the demand for business locations within Old Town grows, so has the concern that the residential character of the area is being lost. In years past, the Old Town area had seen its desirability as a residential neighborhood decrease. As families moved to newer subdivisions, former residential structures either converted to commercial uses or sat vacant. To encourage redevelopment,the City rezoned parts of the neighborhood to allow commercial establishments and apartments. Since the inception of the Oaks Historic District, not only has there been a greater interest in preserving many of these historic properties but property values, in general, have increased. This increase in values has largely been the result of the additional protections the City has placed on the district. Property values have increased from an average of$25 a square foot prior to the creation of the district to an average of $43 a square foot in 2005. With renewed interest in returning the neighborhood to residential,the City has undertaken a number of steps to protect and encourage Old Town as a desirable neighborhood. The City recognizes that the historic district regulations are only as good as their enforcement. Along those lines, the City has dedicated a code enforcement officer to deal specifically with the Oaks Historic District. Page 3 of 19 Minutes-November 25,2008 In addition to enforcement, the City realizes that educating residents of the regulations is of the utmost importance. The City and the Old Town Neighborhood Association have worked jointly to provide special street signs and a walking tour brochure to educate the public about the significance of the Oaks Historic District. In addition, the City and the Old Town group continue to work with realtors to inform them of the regulations. And while property owners are improving the Old Town neighborhood one structure at a time, the City has proposed several important infrastructure improvements in its Capital Improvement Plan. For example, Calder Avenue is to be reconstructed. As part of that project, the City will be evaluating the possibility of enhanced landscaping and streetscape design. Also, Seventh Street from IH-10 to Laurel is proposed to be rebuilt and is currently in the design phase. Eleventh Street, from Washington to US 69, is proposed to be rebuilt and is currently in the planning phase. Finally, the City has initiated a zoning study to better protect the area. More and more residents are requesting that areas be rezoned for single family uses as many of the commercial uses proposed in the past few years have been incompatible. RM-H and RCR permit some commercial uses with specific use permits. Commercial encroachment is what is causing grief for many residents. What it takes to convert a single family structure to commercial often makes the house less desirable for any future conversion back to single family. For properties where there are already commercial or multi-family uses, those uses will be grand-fathered. As long as they are not vacant for more than a year,their legal non-conforming status will continue. The proposed zoning changes include an area that is currently zoned RM-H and is located between 1 st to the middle of the block south of Long and from 7th to 6th. The described area would be rezoned to RS. Two areas that are currently zoned RCR and are located between 1 s'and Long and from 6th to 4th and between Hazel to the middle of the block south of Hazel and from 7th to 3rd would be rezoned to RS. In addition,the RCR District was further looked at as to what sort of uses should be permitted. The Community Development staff and the review committee recommend that an RCR-H District be created for the Old Town area with uses particular to Old Town. The remaining RCR zoning was recommended to be changed to RCR-H. In the RCR-H, many office-type uses would be allowed. Retail uses that are now allowed in the RCR District would not be permitted in the RCR-H. The reasoning behind this recommendation centers around the idea that retail uses generate more traffic than office uses and would be better directed towards Calder where there is GC-MD zoning and ample retail space. A recent windshield survey identified ten retail establishments located within the residential areas of Old Town. At a Joint Public Hearing held November 17, 2008, the Planning Commission voted 4:4 for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density)Districtto RS (Residential Single Family Dwelling) District, from RCR (Residential Conservation and Revitalization) District to RS (Residential Single Family Dwelling) District and from RCR (Residential Conservation and Revitalization) District to RCR-H (Residential Conservation and Revitalization-H) District. Page 4 of 19 Minutes-November 25,2008 Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY FROM RMH (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT; FROM RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION)DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT; AND FROM RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT TO RCR-H (RESIDENTIAL CONSERVATION AND REVITALIZATION-H) DISTRICT FOR THE OLD TOWN NEIGHBORHOOD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING FOR A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Ordinance 08 - 105 3. Consider a request for an amendment to Chapter 30, City of Beaumont Zoning Ordinance to create regulations for the RCR-H (Residential Conservation and Revitalization-H) District. Administration recommended approval of the request. In conjunction with the rezoning of several areas within the Old Town area, the Community Development Department recommends the creation of the RCR-H(Residential Conservation and Revitalization-H) District. The recommended changes to Chapter 30, Zoning Ordinance, are as follows: Sec. 30-5. Zoning District Establishment (a) 6. RCR-H, Residential Conservation and Revitalization-H District 7. NC, Neighborhood Commercial District 8. NSC, Neighborhood Shopping Center 9. GC-MD, General Commercial-Multiple Family Dwelling District 10. GC-MD-2, General Commercial-Multiple Family Dwelling-2 District 11. Central Business District 12. C-M, Commercial Manufacturing District 13. LI, Light Industrial 14. HI, Heavy Industrial 15. PUD, Planned Unit Development 16. HC-L, Historic-Cultural Landmark Preservation Designation 17. HC, Historic-Cultural Landmark Preservation Overlay District 18. PD, Port Development District 19. OP, Office Park District Page 5 of 19 Minutes-November 25,2008 Sec. 30-11.1. RCR-H, Residential Conservation and Revitalization District Regulations. (a) General Purpose and Description: The RCR-H, Residential Conservation and Revitalization-H District, is intended for predominately residential areas in the Old Town Area of the City which are characterized by significant concentrations of poor or fair structural housing conditions and which may have a mixture of residential and commercial uses. Conservation, protection and revitalization of existing residential areas is achieved in this district by providing City Council with the opportunity to review and conditionally approve or deny requests for higher density residential development and compatible selected commercial uses. Approval of the specific use permit and the site plan by the City Council will encourage future multi-family and commercial uses that will stimulate the normal, orderly development and improvement of the area without adversely affecting residential livability or diminishing or impairing property values. (b) Permitted Uses: Uses permitted in an RCR-H, Residential Conservation and Revitalization-H District, are set forth in Sec. 30-24. The commercial uses permitted in this district shall not exceed four thousand(4,000) square feet in gross floor area for any lot or tract. (c) Area and Height Regulations:Area and height regulations in an RCR-H, Residential Conservation and Revitalization-H District, are set forth in Section 30-25. Sec. 30-11.2. OP, Office Park District Regulations Sec. 30-24B. Permitted Use Table See Following Sec. 30-25. District Area and Height Regulations (c)3 A building or structure in any zoning district may exceed the district maximum height regulations with a specific use permit provided that there shall be an additional one(1) foot of required yard for each two(2)feet of additional height. In NC, NSC,e6e, GC- MD, GC-MD-2,C-M, LI and HI Districts the minimum interior side yard which abuts any property located in an A-R, RS, RM-M, RCR or RCR-H District shall be increased by one(1)foot for each two(2)feet in height for that portion of any structure or building in excess of forty-five (45) feet in height. Sec. 30-25(b): Area and Height Regulations. 1. Residential Districts: Lot Area Lot Width Lot Depth Yards Height Minimum Minimum Minimum Minimum Maximum Per Lot Per Dwelling Unit RCR-H 5,000 1,500 50 100 25 25 5 15 10 45 Page 6 of 19 Minutes-November 25,2008 Sec. 30-26. Specific Use Permits (g) Time Limit: Uses allowable under a Specific Use Permit shall not be commenced and a certificate of occupancy shall not be issued until all the conditions of the Specific Use Permit are completed in accordance with the Specific Use Permit. Unless construction of those conditions are commenced and substantially underway within a two year period, the Specific Use Permit shall become null and void. Extensions of time for good cause may be approved by the City Council. A Specific Use Permit that was issued,whether by City Council or exempted by Section 30-30(D)(2) of this Chapter shall become null and void, if the land use it was issued for is closed or vacated for a period of two years or more or is changed to a substantially different use. In the RCR and RCR-H Districts, a change from one Specific Use Permit to another shall require City Council approval. A substantially different use shall be defined as one where there is a change in the intensity of the use. A change in intensity shall include, but not be limited to, external structural alteration or enlargement of the building, an increase in the required number of parking spaces, an increase in the hours of operation or an increase in offensive noise, vibrations, sound, smoke or dust, odors, heat, glare, x-ray or electrical disturbance to radio or television. Sec. 30-28. Sign Regulations (b)4. One (1) detached owner-identification sign shall be permitted for a commercial use with a Specific Use Permit in the RCR-H, Residential Conservation and Revitalization District, subject to Sec. 30-21.2(e)8a of this Chapter. (b)5. Two (2) attached owner-identification signs shall be permitted for a commercial use with a Specific Use Permit in the RCR-H, Residential Conservation and Revitalization District, subject to Sec. 30-21.2(e)8b of this Chapter. At a Joint Public Hearing held November 17,2008,the Planning Commission recommended approval 5:3 of an amendment to Chapter 30,City of Beaumont Zoning Ordinance to create regulations for the RCR-H (Residential Conservation and Revitalization-H) District. Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 30,ARTICLE I,SUBSECTION 30-5(a);ARTICLE II,BY RENUMBERING SECTION 30-11.1 TO BECOME 30-11.2 AND CREATING A NEW SECTION 30-11.1; SECTION 30-24(b), PERMITTED USE TABLE;AND SUBSECTIONS 30-25(b)1 AND(c)(3);AND ARTICLE III,SUBSECTIONS 30-26(9)AND 30-28(b);CREATING REGULATIONS FOR THE RCR-H(RESIDENTIAL CONSERVATION AND REVITALIZATION-H)DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE Page 7 of 19 Minutes-November 25,2008 MOTION PASSED Ordinance 08 - 106 4. Consider a request fora specific use permit to allow a boarding kennel in a GC-MD(General Commercial-Multiple Family Dwelling) District at 10925 Eastex Freeway. Kristi Sarber and Becka Griffin have applied for the specific use permit. The applicants state that their business, Planet Canine,will provide dog daycare, overnight stays, grooming and obedience training. Adequate measures will be taken to ensure that odors and noise are held to a minimum. Staff will be present both during the day and during overnight stays to deal with any problems that might arise. The applicants state that a retail component might be added later to sell pet supplies. The proposed business will be located in an existing 4,950 sq.ft. building . A fenced area will be located at the rear of the building for outside activities. At a Joint Public Hearing held November 17,2008,the Planning Commission recommended approval 8:0 of a specific use permit to allow a boarding kennel in a GC-MD (General Commercial-Multiple Family Dwelling) District at 10925 Eastex Freeway subject to the following condition: 1. A 6' tall wood privacy fence shall be constructed around the dog run on the north, south and west sides. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BOARDING KENNEL IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 10925 EASTEX FREEWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Ordinance 08 - 107 5. Consider a request for a specific use permit to allow an accounting, taxes and insurance business office in an RCR (Residential Conservation and Revitalization) District at 2346 McFaddin Administration recommended approval of the request. Mary Balque has applied for the specific use permit. Page 8 of 19 Minutes-November 25,2008 I Ms. Balque states that normal business hours will be between 8:30 a.m. and 5:30 p.m., Monday - Friday. There will be very little walk-in traffic since most of the business is completed by phone and computer. At a Joint Public Hearing held November 17,2008,the Planning Commission recommended approval 8:0 of a specific use permit to allow an accounting, taxes and insurance business office in an RCR (Residential Conservation and Revitalization) District at 2346 McFaddin. Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN ACCOUNTING,TAX AND INSURANCE BUSINESS OFFICE IN AN RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION)DISTRICT FOR PROPERTY LOCATED AT 2346 MCFADDIN IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT AND PATE NAYS: NONE MOTION PASSED Ordinance 08 - 108 6. Consider a requestfor a specific use permit to allow a church in an RM-H(Residential Multiple Family Dwelling-Highest Density)District and an NC(Neighborhood Commercial)District at 13607 th Street. Administration recommended approval of the request. Word of God Christian Church has applied for the specific use permit. Pastor E. S. Johnson states that the church would like to continue an existing ministry in a facility that the church intends to purchase. Word of God Christian Church is a non-denominational congregation that has been serving the Old Town area for the last five years. The church holds two weekly services on Sunday morning from 9:45 a.m. to approximately 1:00 p.m. and on Wednesday evening from 7:00 p.m. to 9 p.m. A bi-weekly service is held every other Friday evening from 6:30 p.m. to 8:30 p.m. At a Joint Public Hearing held November 17, 2008,the Planning Commission recommended approval 8:0 of a specific use permitto allow a church in an RM-H(Residential Multiple Family Dwelling-Highest Density) District and an NC (Neighborhood Commercial) District at 1360 7th Street. Mayor Pro Tern Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT AND AN NC (NEIGHBORHOOD COMMERCIAL) Page 9 of 19 Minutes-November 25,2008 DISTRICT FOR PROPERTY LOCATED AT 1360 7T"STREET IN THE CITY OF BEAUMONT,JEFFERSON COUNTY, TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Ordinance 08 - 109 7. Consider a request for an amendment to the Major Street and Highway Plan. Administration recommended approval of the request. A review of the Major Street&Highway(MS&H)Plan was conducted for that area generally south of Washington Blvd. and Cardinal Drive. The purpose of this review was to see how recent development and approved plans in the area would impact the implementation of the MS&H Plan and to determine how the plan would affect or could be amended to aid in the development of the proposed BISD Athletic Complex located between State Hwy. 124 and IH-10, south of Walden Road and north of Brooks Road. That review resulted in some recommended changes to the MS&H Plan. The major changes proposed include: 1.) A change in the general alignment of the extension of Walden Road east of State Hwy. 124(Fannett Rd.)due to a planned subdivision along the east bank of Hildebrandt Bayou; 2.) The extension of Dowlen Road,southward from Walden Road,to connect with Lawton Road and the connection of the southward extension of Keith Rd.with that proposed southward extension of Dowlen Road. The intent is to provide current and future residents of the southwestern part of Beaumont's ETJ with access to the Dowlen Road corridor and to provide further major collector roads in an area having significant growth potential. With TXDOT approval, these new roads will also provide opportunities for future connections linking these roads to existing and future IH-10 service roads. At a Joint Public Hearing held November 17,2008,the Planning Commission recommended approval 8:0 of an amendment to the Major Street and Highway Plan. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL OF THE CITY OF BEAUMONT HEREBY APPROVES THE RE-ADOPTION OF THE CURRENT MAJOR STREET & HIGHWAY PLAN "MAP" AS AMENDED, DEFINING STREET AND HIGHWAY DEVELOPMENT STANDARDS OF THE PLAN ALL OF WHICH ARE COMPONENTS OF THE COMPREHENSIVE PLAN OF THE CITY OF BEAUMONT. Mayor Pro Tern Samuel seconded the motion. Page 10 of 19 Minutes-November 25,2008 AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 08 - 316 8. Consider a request to abandon a 20' alley in Block 11, Van Wormer Addition Administration recommended approval of the request. Mark Whiteley and Associates, Inc. has applied for the abandonment of a 20' alley in Block 11, Van Wormer Addition. The Diocese of Beaumont owns all of the lots within Block 11 of the Van Wormer Addition. It is currently in the design phase of developing and building a new Chancery on Block 11. To allow for the best utilization of the site, the Diocese is requesting that the existing alley be abandoned. At a Regular Meeting held November 17, 2008, the Planning Commission recommended approval 8:0 to abandon a 20' alley in Block 11, Van Wormer Addition. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ABANDONING A 20' ALLEY IN BLOCK 11, VAN WORMER ADDITION, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Ordinance 08 - 110 9. Consider approving a bid to construct EMS Station No. 2 located at 3020 Municipal Drive Administration recommended the award of a bid to McInnis Construction of Silsbee in the amount of$819,500. EMS Medic Station No. 2 was located behind Fire Station No. 10 on Washington Boulevard at Municipal Drive. The station consisted of a modified construction trailerthatwas destroyed during Hurricane Rita and has not been replaced. Personnel assigned to EMS Station 2 have been operating from EMS Station 3 on Avenue A since the storm. Page 11 of 19 Minutes-November 25,2008 The new 6,700 sq.ft.station will be a permanent structure capable of housing one EMS unit as well as a supply office and warehouse. Currently, EMS supplies are located at a separate facility. Eight (8) bids were received on Thursday, October 30, 2008 for all labor, materials, and equipment necessary to construct the new EMS station. Alternate No. 1 includes the use of pre-finished metal wall panels and one inch(1")soffit in lieu of an Exterior Insulation and Finish System (EIFS) where specified. McInnis Construction plans to subcontract 3.7%of the contract to certified MBE's and State certified HUB vendors. Also provided was a list of subcontractors contacted for bids by the general contractor. Of these, two (2) certified MBE/HUB subcontractors were awarded contracts. The project will commence in December and be completed by July 2009. Funds are budgeted in the Capital Program. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY MCINNIS CONSTRUCTION, SILSBEE, TEXAS, FOR ALL LABOR, MATERIALS AND EQUIPMENT NECESSARY TO CONSTRUCT EMS STATION NO. 2 AT 3020 MUNICIPAL DRIVE IN THE AMOUNT OF $819,500 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 08 - 317 10. Consider authorizing the City Manager to execute Industrial District Contracts with DuPont Performance Elastomers and E. I. DuPont deNemours and Company, Inc. Administration recommended approval of a resolution authorizing the City Manager to execute Industrial District Contracts with DuPont Performance Elastomers and E. I. DuPont deNemours and Company, Inc.. Industrial District Contracts enable the City to collect payments in lieu of taxes from industries located outside the city limits. The City currently has contracts with DuPont Performance Elastomers and E. I. DuPont deNemours and Company, Inc,.that will expire December 31,2008. The new contracts with both companies. will be effective January 1, 2009. The in-lieu of tax payment will be based on a ratio of 80%of property taxes due to the City as if the industry were located within the city limits in 2009 through 2011 and 75%of property taxes due to the City in 2012 through 2015. Page 12 of 19 Minutes-November 25,2008 The estimated FY 2009 payments for Dupont Performance Elastomers and E. I. DuPont deNemours and Company, Inc.,are$98,300 and$226,400, respectively,of the$15,782,000 of industrial payments expected in FY 2009. Mayor Pro Tern Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE INDUSTRIAL DISTRICT CONTRACTS WITH DUPONT PERFORMANCE ELASTOMERS AND E. I. DUPONT DENEMOURS AND COMPANY, INC. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 08 - 318 11. Consider authorizing the City Manager to execute an Industrial District Contract with BMC Holdings, Inc. Administration recommended approval of a resolution authorizing the City Manager to execute an Industrial District Contract with BMC Holdings, Inc. Industrial District Contracts enable the City to collect payments in lieu of taxes from industries located outside the city limits. The City currently has a contract with BMC Holdings, Inc,.that will expire December 31,2008. The new contract will be effective January 1, 2009. The in-lieu of tax payment will be based on a ratio of 80%of property taxes due to the City as if the industry were located within the city limits in 2009 through 2011 and 75%of property taxes due to the City in 2012 through 2015. The estimated FY 2009 payment for BMC Holdings, Inc., is$136,800 of the$15,782,000 of industrial payments expected in FY 2009. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DISTRICT CONTRACT WITH BMC HOLDINGS, INC. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 08 - 319 Page 13 of 19 Minutes-November 25,2008 12. Consider approving a new solid waste collection and transportation service franchise. Second Reading Administration recommended granting a solid waste collection and transportation service franchise to Coastal Waste Disposal, Inc. 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. Five(5)entities currently have nonexclusive franchise agreements with the City and are doing business in this area.Coastal Waste Disposal, Inc. has requested that the City Council grant the company such franchise agreement. Coastal Waste Disposal, Inc. is locally owned and has regional operations with one of its corporate office located at 4749 Odom Road in Beaumont. 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 a franchise fee of 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 j not take effect until sixty (60) days after its adoption on the third and final reading. After passage,the ordinance must be published for four(4)consecutive weeks in a newspaper of general circulation in the city.All publication costs are paid by franchisee.Attached, is a copy of the franchise agreement for your review. The first reading of this item took place at the November 18, 2008 council meeting. A franchise fee of seven percent (7%) of gross receipts is paid into the General Fund. Councilmember Pate 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 Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Ordinance 08 - 102 13. Chief Frank Coffin introduced Lt. Jim Clay, with the Special Crimes Division, who reported on crimes that occur during the curfew hours as well as the number of citations that have been issued. Page 14 of 19 Minutes-November 25,2008 Texas Local Government Code 370.002 requires that a home-rule municipality which has adopted a juvenile curfew ordinance periodically review the ordinance and its effect on the community and identify any problems with the ordinance or problems the ordinance was intended to remedy. The statute also provides for abolishing, continuing, or modifying the ordinance. In July,2001,following public review,Ordinance 01-056 was passed,which reestablished the curfew for minors. In July 1994 following public review,the City Council adopted Ordinance No. 94-34 which created a new Chapter 9 establishing a curfew for minors. In 1995 Ordinance 95-37 was adopted which modified the curfew hours for minors. In 2005 Ordinance 05-093 was adopted to continue a Juvenile Curfew Ordinance. The Curfew Ordinance has been extensively reviewed by the Police Department and determined to be effective in regard to the promoting the safety and well being of the city's youngest citizens (persons under the age of 17), fostering and strengthening parental responsibility for children,decreasing truancy in the Beaumont Independent School District, and serving to promote the general welfare and protection of the public through the reduction of juvenile violence and crime within the city. Renewal of the juvenile curfew ordinance would provide a tool to the community, school district, and city to continue the beneficial aspects of a curfew ordinance. Public Hearing: Receive comments relating to the readoption of the Juvenile Curfew Ordinance. Public Hearing Open: 2:20 p.m. Nancy Williams 7615 Greenfield Dr. Beaumont TX Spoke in favor of the Juvenile Curfew Ordinance, also requested that Council consider changing the time of the curfew from 11:00 p.m. to 10:00 p.m. Frances Bowman 5415 Concord Rd. Beaumont TX Spoke in favor of the Juvenile Curfew Ordinance, but asked that Council make sure that the Ordinance is reinforced by the City of Beaumont's Police Department Paula Blazek 2534 Long Beaumont TX Thanked Council for their support and encouraged each Councilmember to readopt this Ordinance Public Hearing Close: 2:29 p.m. Page 15 of 19 Minutes-November 25,2008 Mayor Pro Tem Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE REVIEWING AND READOPTING CHAPTER 9 OF THE CODE OF ORDINANCES ESTABLISHING A CURFEW FOR MINORS; ESTABLISHING HOURS AND DEFINITIONS; PROVIDING A PENALTY CLAUSE; CITING SPECIFIC EXCEPTIONS AND DEFENSES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Ordinance 08 - 111 WORKSESSION • Receive a status report relating to the Concord Road Project Tom Warner, Public Works Director reported on the status of the Concord Road Project. Mr. Warner stated the City has been working with TxDOT to rebuild Concord Road, as well as reviewing where the project is now and what has been completed. The survey has been completed along with the FHWA review and approval, a public hearing has been done, two weeks were allowed for comments and the NEPA (National Environmental Policy Act) process has been completed. On April 9,2009 another TxDOT and City review will take place to look at any revisions. Now that the design has been completed earlier than anticipated,the number of days have been reduced and the process has been reduced by about a year. The time frame for this project should commence around the summer of 2010. • Receive a report relating to homes that were flooded during Hurricane Ike Chris Boone, Community Development Director, discussed the status of homes flooded by Hurricane Ike. In his status report he discussed the damage assessment that showed 4,932 of the 35,734 homes in Beaumont received some damage. Of that number, 25 homes, located in the flood plain, were flooded. Following inspections of the flooded homes, as required by FEMA's National Flood Insurance Program and the city's flood ordinance, it was determined that 24 homes were"substantially damaged"and therefore must be elevated prior to being repaired. Because of the limited financial options of many of these residents and the uncertainty of future federal aid,the City is considering participating in FEMA's Flood Mitigation Assistance Program, commonly known as a "buyout" program. The program provided a federal reimbursement of 75% of the costs to acquire, demolish and deed restrict the properties as open space in perpetuity. The program would be voluntary on the part of the residents. Chris Boone presented Council with four options to consider in this"buyout"program,the first 1) Owner-Occupied homes only (17 homes of the 24 homes with substantial damage); 2) Page 16 of 19 Minutes-November 25,2008 Owner-Occupied and rental houses(24 homes); 3)Owner-Occupied homes with relocation assistance(17 homes);4)Owner-Occupied and rental homes with relocation assistance for owner-occupied homes. Participation in the Flood Mitigation Assistance Program is based on a competitive process and therefore, the city would not be assured they would receive these funds. COUNCILMEMBER COMMENTS MAYOR PRO TEM SAMUEL- IT IS A GREAT DAY IN BEAUMONT AND A GREAT DAY IN THE COUNTRY, WISHED EVERYONE A HAPPY THANKSGIVING COUNCILMEMBER PATE - WE ARE FORTUNATE TO LIVE IN THE UNITED STATES OF AMERICA WE HAVE SO MUCH TO BE THANKFUL FOR AND WE SHOULD NOT JUST WAIT UNTIL NOVEMBER TO BE THANKFUL, WISHED EVERYONE A HAPPY THANKSGIVING MAYOR PRO TEM SAMUEL LEFT THE MEETING AT 3:32 P.M. AND RETURNED AT 3:34 P.M. COUNCILMEMBER WRIGHT- COMMENTED ON A SENIOR CITIZEN THAT CALLED THE CITY OF BEAUMONT TRANSPORTATION ON A MONDAY FOR TRANSPORTATION FOR A MEDICAL APPOINTMENT ON FRIDAY,SHE WAS TOLD THAT SHE CALLED TOO EARLY AND WAS TOLD TO CALL BACK, WHEN SHE CALLED BACK ON WEDNESDAY SHE WAS TOLD THAT SHE WAS NOT ABLE TO BE PICKED UP BY THE VAN DUE TO THE VAN BEING FULL- WITH 12 BEING THE CAPACITY, COMMENTED ON HOW BEAUTIFUL THE WALDMAN PARK IS DOWNTOWN AS WELL AS THE CHRISTMAS DECORATIONS, WISHED EVERYONE A HAPPY THANKSGIVING COUNCILMEMBER PATE LEFT THE MEETING AT 3:35 P.M. AND RETURNED AT 3:37 P.M. COUNCILMEMBER BEAULIEU- THANKED COUNCIL FOR ALLOWING HER GRANDDAUGHTER MAGGIE, TO LEAD THE PLEDGE OF ALLEGIANCE AND EXERCISING HER CIVIC DUTIES, COMMENTED THAT BEAUMONT IS A BLESSED CITY AND WE LIVE IN A BLESSED NATION, WISHED EVERYONE A HAPPY THANKSGIVING COUNCILMEMBER COLEMAN - CONGRATULATED THE OAKS HISTORIC DISTRICT ON THE PASSING OF THEIR ORDINANCE, COMMENTED ON THE KIDS IN AFRICA AND ASKED THAT EVERYONE THINK OF THEM AND COUNT THEIR BLESSINGS, WISHED EVERYONE A HAPPY THANKSGIVING Page 17 of 19 Minutes-November 25,2008 COUNCILMEMBER SMITH - ABSENT CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - COMMENTED ON THE YMCA PRAYER BREAKFAST, THE WARD IV TOWN HALL MEETING THAT WAS WELL ATTENDED, ALSO THANKED THE CITY STAFF FOR BEING PRESENT TO ANSWER ANY QUESTIONS CITIZENS MAY HAVE HAD, SPOKE REGARDING THE OPEN HOUSE RIBBON CUTTING FOR THE 3311911 CENTER, ANNOUNCED THAT THE CITY COUNCIL WILL NOT MEET UNTIL DECEMBER 9, 2008, ENCOURAGED EVERYONE TO COME OUT AND PARTICIPATE IN THE CHRISTMAS PARADE ON DECEMBER 6,2008 AT 6:00 P.M., THE CITY HAS ALSO INVITED ALL OF THE SURROUNDING CITIES TO JOIN IN ON THE CELEBRATION,WISHED EVERYONE A HAPPY THANKSGIVING Public Comments (Persons are limited to three minutes) Frances Bowman 5415 Concord Rd. Beaumont TX Spoke regarding the street project on Concord Road,asked that Council move on this project as quickly as possible,this is a fatality waiting to happen, also commented on the flood zone in the area of Taliaferro St. Open session of meeting recessed at 3:45 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Tina Lewallen vs. the City of Beaumont Curtis Guillory vs. the City of Beaumont Claim of Donald Jackson Page 18 of 19 Minutes-November 25,2008 There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. pv-,e424r- An!A� Bec y Ames, May InAM"'R w Tina Broussard, City Clerk 1 � Page 19 of 19 Minutes-November 25,2008