Loading...
HomeMy WebLinkAboutMIN APR 27 2010 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr.,At-Large BECKY AMES, MAYOR Gethrel Wright, Mayor Pro Tern Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Ward II Audwin Samuel,Ward 111 April 27, 2010 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 27,2010 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 13-14/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Josh Hale, Lamar University Wesley Student Center gave the invocation. Councilmember Samuel led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Wright, Councilmembers Coleman, Beaulieu, Pate, Samuel and Smith. Also present were Kyle Hayes, City Manager;Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions A"Years of Service Award"was presented to the following employees for 30 and 35 Years of Service: Melvin DeVaugh - Police Department Arthur Leger, Jr. - Water Department Joseph Semien - Water Department David Travis - Police Department Yolanda Duriso - Public Works Ronnie Heiman - Water Department Mark Pierce - Police Department Ramona Weems - Legal Department George Randle - Water Department Debbie Perkins - Public Works Thomas Sutton - Public Works Thomas Warner - Public Works Brenda Beadle - Public Works Glen Siecko - Public Works Jimmie Hubbard - Parks and Rec. Patricia Kirkland - Public Works Fred Lemell, Jr. - Parks and Rec. Minutes-April 27,2010 Public Comment: Persons may speak on scheduled agenda items 13-14/Consent Agenda. Richard Mathews 2515 Wescalder Beaumont TX Spoke on Item E; Consent Agenda, appealing an adverse judgement from the 60th District Court of Jefferson County, Texas, regarding James Mathews CONSENT AGENDA Approval of minutes - April 20, 2010 Confirmation of committee appointments - None A) Authorize the City Manager to submit an application to the Texas Department of Transportation for temporary use of State of Texas right-of-way for the Gusher Marathon - Resolution 10 - 104 B) Approve the purchase of two sports utility vehicles and one crew cab pickup for use by the Southeast Texas Auto Theft Task Force - Resolution 10 - 105 C) Approve a resolution denying the request from the International Association of Firefighters, Local 399, to approve the accumulation of vacation leave from year to year for firefighters- Tabled D) Approve a contract for Hotel Occupancy Tax compliance review services-Resolution 10- 106 E) Authorize The Parker Law Firm to do all things necessary,including filing notice of appeal and appealing an adverse judgment from the 60th District Court of Jefferson County,Texas, in the lawsuit styled No. B-185,387; The City of Beaumont, Tx v. James Mathews-Resolution 10 - 107 Councilmember Samuel made a motion to approve the Consent Agenda,with Item C being tabled. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS BEAULIEU, PATE, SAMUEL AND SMITH NAYS: COUNCILMEMBER COLEMAN MOTION PASSED GENERAL BUSINESS 1. Consider a request for a zone change from LI (Light Industrial) District to RS (Residential Single Family Dwelling)District for property on the north side of Baker Road,287.10'east of Wescalder Road. Page 2 of 19 Minutes-April 27,2010 Administration recommended approval for a zone change from LI District to RS District for property on the north side of Baker Road, 287.10' east of Wescalder Road. Faust Engineering 8, Surveying, Inc., has applied for a zone change. On part of this property,the owner operates a business. All of the 3.8 acres is zoned LI. The owner would like to construct a house on 0.74 acres of his lot. Light Industrial zoning does not allow residential uses. Therefore, the subject property must be rezoned to allow the construction of a house. Most of the property in the area is zoned RS. At a Joint Public Hearing held April 19, 2010, the Planning Commission recommended 7:0 to approve a zone change from LI (Light Industrial) District to RS(Residential Single Family Dwelling) District for property on the north side of Baker Road, 287.10' east of Wescalder Road 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 LI (LIGHT INDUSTRIAL) DISTRICT TO RS(RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED ON THE NORTH SIDE OF BAKER ROAD,287.10'EAST OF WESCALDER ROAD,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 WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 10 - 023 2. Consider a request for a zone change from RS(Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow the parking of dump trucks at 6820 Concord. Administration recommended approval of the zone change and specific use permit to allow the parking of dump trucks at 6820 Concord. Evilio Hernandez has applied for a zone change and specific use permit. Mr. Hernandez states that he has owned the subject property for 15 years. The Hernandez family lives at 6840 Concord,just north of the property. Mr. Hernandez states that the reason for the zone change and specific use permit is to enable him to park up to two dump trucks on the property. Page 3 of 19 Minutes-April 27,2010 At a Joint Public Hearing held April 19, 2010, the Planning Commission recommended 5:0 to approve a zone change from RS(Residential Single Family Dwelling)District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District and a specific use permit to allow the parking of dump trucks in a GC-MD-2 District at 6820 Concord, subject to the following conditions: • Enclose the dump truck parking area with an 8' tall wood screening fence for a distance of 50'along Concord and 50'running north to south so that the trucks cannot be seen from Concord. • Limit the number of dump trucks to two. The 20% rule is in effect, this means that in order to approve a zone change or specific use permit six Councilmembers must vote in favor of the Ordinance. Councilmember Beaulieu 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 PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 6820 CONCORD, BEAUMONT,JEFFERSON COUNTY,TEXAS;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 10 - 024 Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE PARKING OF DUMP TRUCKS IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT LOCATED AT 6820 CONCORD IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 10 - 025 Minutes-April 27,2010 Page 4 of 19 3. Consider a request for a zone change from RS(Residential Single Family Dwelling)District to GC-MD (General Commercial-Multiple Family Dwelling) District for property near the northeast corner of Magnolia and Gill. Administration recommended approval of the zone change. Mainstream Development, LLC has applied for a zone change. Mainstream would like to construct a Family Dollar store on approximately 1.5 acres at the northeast corner of Magnolia and Gill. The east 0.78 acres that is zoned RS is needed for the development of the store. At a Joint Public Hearing held April 19, 2010, the Planning Commission recommended 6:1 to approve a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling)District for property near the northeast corner of Magnolia and Gill. Councilmember Samuel 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 PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT TO GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED NEAR THE NORTHEAST CORNER OF MAGNOLIA AND GILL, 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 WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 10 - 026 4. Consider a request for a specific use permit to allow a restaurant in an RCR-H (Residential Conservation and Revitalization-H) District at 2693 North Street. Administration recommended denial of a specific use permit to allow a restaurant in an RCR- H District at 2693 North Street. Dr. Rudy Sotolongo has applied for a specific use permit. On November 16, 2009, the Planning Commission held a public hearing on a request to consider a Jack-in-the-Box restaurant at this same address. In that request, the subject property was to be used for parking and drive-thru facilities for the restaurant. The restaurant Minutes-April 27,2010 Page 5 of 19 itself would be located in that portion of the property zoned GC-MD. At the public hearing, a number of individuals voiced concerns over traffic, noise and loitering. At that meeting, the Planning Commission voted to deny the request. Prior to City Council voting to approve or deny the application, the applicant withdrew the request. The new request proposes that the most easterly 40'be landscaped and screened with an 8' tall wood screening fence along the east property line. The dumpsters site would also be located in this area. The remaining 50'of the RCR-H zoning would be used for parking and a drive-thru. At a Joint Public Hearing held April 19, 2010, the Planning Commission recommended 5:2 to approve a specific use permit to allow a restaurant in an RCR-H(Residential Conservation and Revitalization-H) District at 2693 North Street, subject to the following conditions: • The hours be limited to 6 a.m. to 12 p.m. • The sign shall be a monument sign. • The design of the restaurant shall be neighborhood friendly. • The owner will remove the existing 40' of concrete and provide landscaping by a certified landscape designer. • Sign placed at the drive thru stating "turn radios down please" The 20% rule is in effect, this means that in order to approve a zone change or specific use permit six Councilmembers must vote in favor of the Ordinance. Councilmember Coleman made a motion to DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RESTAURANT IN AN RCR-H (RESIDENTIAL CONSERVATION AND REVITALIZATION-H)DISTRICT LOCATED AT 2693 NORTH STREET IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, AND SMITH NAYS: COUNCILMEMBER SAMUEL MOTION DENIED 5. Consider a request for a specific use permit to allow office-warehouses in a GC-MD(General Commercial-Multiple Family Dwelling)District for property located on Eastex Freeway, north of Tram. Administration recommended approval of a specific use permit to allow office-warehouses in a GC-MD District for property located on Eastex Freeway, north of Tram. Mark W. Whiteley & Associates, Inc., has applied for a specific use permit. The owner of this property is also the owner of the property to the south. That property received a specific use permit in 2008 to allow a similar use. The property owner would like to continue the office/warehouse concept on adjacent properties. The new office/warehouses will consist of 3,000 sq. ft. of space. Page 6 of 19 Minutes-April 27,2010 At a Joint Public Hearing held April 19, 2010, the Planning Commission recommended 4:3 to approve a specific use permit subject to the following conditions: • Install a six (6) foot wide landscape strip along the Eastex Freeway frontage of the parking lot. • Install sidewalks along the property frontages on Eastex Freeway and Old Voth Road. Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW OFFICE - WAREHOUSES IN A GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED ON EASTEX FREEWAY, NORTH OF TRAM ROAD, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tem Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 10 - 027 6. Consider a request for an amended specific use permit to allow an additional office/warehouse in a GC-MD (General Commercial-Multiple Family Dwelling) District for property adjacent to 10935 Eastex Freeway. Administration recommended approval for an amended specific use permit to allow an additional office/warehouse in a GC-MD (General Commercial-Multiple Family Dwelling) District for property adjacent to 10935 Eastex Freeway. In February, 2008, City Council approved a specific use permit to allow two 4,950 sq. ft. office/warehouse buildings on 1.18 acres of property at 10925 and 10935 Eastex Freeway. The property owner would now like to build an additional 2,000 sq.ft.office/warehouse in front of 10935 Eastex Freeway. The proposed building would include 560 sq.ft.of office space and 1,440 sq.ft.of warehouse. Five additional parking spaces will be provided. At a Joint Public Hearing held April 19, 2010, the Planning Commission recommended 4:3 to approve an amended specific use permit to allow an additional office/warehouse in a GC- MD (General Commercial-Multiple Family Dwelling) District for property adjacent to 10935 Eastex Freeway, subject to the following conditions: • Provide a six (6)foot wide landscape strip along the Old Voth Road frontage of the parking lot. • Install a sidewalk along the property frontages on Old Voth Road and Eastex Freeway. Page 7 of 19 Minutes-April 27,2010 Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO HENRY LABRIE TO ALLOW AN ADDITIONAL OFFICE/WAREHOUSE IN A GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT FOR PROPERTY ADJACENT TO 10935 EASTEX FREEWAY IN THE CITY OF BEAUMONT,JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 10 - 028 7. Consider a request for a specific use permit to allow business offices in an RCR-H (Residential Conservation and Revitalization-H) District for property located at 2400 Broadway, 2406-08 Broadway, 2410 Broadway, 2444 Broadway and 2455 Broadway. Administration recommended approval of the specific use permit request to allow business offices in an RCR-H district for property located at 2400, 2406-8, 2410, 2444, and 2455 Broadway. Deli Management, Inc., owner of Jason's Deli, has applied for a specific use permit. As Deli Management, Inc. continues to expand Jason's Deli restaurants throughout the country, it has found it necessary to expand its corporate office into nearby buildings on Broadway. The company's original office occupies a two story brick structure at 2400 Broadway. Deli Management currently occupies five(5)buildings on Broadway and one(1) building on Calder. At a Joint Public Hearing held April 19, 2010, the Planning Commission recommended 6:1 to approve a specific use permit, subject to the following conditions: • All parking lots must comply with City Standards. • No parking shall be permitted in the front yard of any of the properties. • All metal portable buildings shall be completely screened from any street. Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW BUSINESS OFFICES IN AN RCR-H (RESIDENTIAL CONSERVATION AND REVITALIZATION-H) DISTRICT LOCATED AT 2400 BROADWAY, 2406-08 BROADWAY, 2410 BROADWAY, 2444 BROADWAY, AND 2455 BROADWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE Minutes-April 27,2010 Page 8 of 19 MOTION PASSED Ordinance 10 - 029 8. Consider a request for a specific use permit to allow a restaurant in an NC (Neighborhood Commercial) District at 1695 Franklin. Administration recommended approval of the specific use permit request to allow a restaurant in a NC (Neighborhood Commercial) District at 1695 Franklin. Arden Diamantis has applied for a specific use permit. Mr. Diamantis plans to construct a 3,000 sq.ft.commercial building with related parking. The building would contain different suites available for different types of businesses such as, but not limited to,clerical, legal, insurance,office,general merchandise and a restaurant. As for the uses listed, a restaurant would be the only one to require a specific use permit. In November, 2007, Mr. Diamantis received a specific use permit to allow a smaller building for similar uses. However, Mr. Diamantis never developed the property. That specific use has since expired. At a Joint Public Hearing held April 19, 2010, the Planning Commission recommended 7:0 to approve a specific use permit to allow a restaurant in an NC(Neighborhood Commercial) District at 1695 Franklin, subject to the following conditions: • A six(6)foot wide landscape strip shall be installed along the Ave. C and Franklin St. frontages of the parking lot. • Provide an eight(8)foot tall wood screening fence and a ten(10)foot wide landscape strip along the south property line. • Provide a ten (10)foot rear yard building setback, a fifteen (15)foot interior side yard building setback and a twenty(20)foot front yard building setback or get a variance to the front, side and rear yard building setbacks from the Board of Adjustment. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING SPECIFIC USE PERMIT TO ALLOW A RESTAURANT IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT LOCATED AT 1695 FRANKLIN IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 10 - 030 Minutes-April 27,2010 Page 9 of 19 9. Consider a request for a specific use permit to allow a commercial building in an RCR (Residential Conservation and Revitalization) District at 2910 and 2916 Concord. Administration recommended approved of a specific use permit to allow a commercial building in an RCR District at 2910 and 2916 Concord. Arden Diamantis has applied for a specific use permit. The request is to allow a 4,260 sq.ft.commercial building that would house commercial uses that would include, but not be limited, to clerical, legal and insurance offices, general merchandise, restaurant and hair and nail salons. In November, 2007, Mr. Diamantis received a specific use permit to allow a restaurant. However, Mr. Diamantes never developed the property. That specific use permit has since expired. At a Joint Public Hearing held April 19, 2010, the Planning Commission recommended 6:1 to approve a specific use permit to allow a commercial building in an RCR (Residential Conservation and Revitalization)District at 2910 and 2916 Concord subject to the following conditions: • Provide an eight(8)foot tall wood screening fence and a ten(10)foot wide landscape strip along the east property line. • Provide a six(6)foot wide landscape strip along the Concord and Renaud frontages of the parking lot. • Install sidewalks along Concord and Renaud. • Provide a twenty-five(25)foot rear yard building setback and a fifteen(15)foot exterior side yard building setback or get a variance to the rear and side yard building setbacks from the Board of Adjustment. Mayor Pro Tern Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A COMMERCIAL BUILDING IN AN RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION)DISTRICT LOCATED AT 2910 AND 2916 CONCORD IN THE CITYOF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 10 - 031 10. Consider a request for a specific use permit to allow a retail clothing shop in an RCR (Residential Conservation and Revitalization) District at 1795 Park Street. Minutes-April 27,2010 Page 10 of 19 Administration recommended approval for a specific use permit to allow a retail clothing shop in an RCR District at 1795 Park Street. Salihah Shearyahshub has applied for a specific use permit. Mr.Shearyahshub states that the property was previously used as a resale shop by her father. The clothing store will be in an existing 1,120 sq. ft. building. At a Joint Public Hearing held April 19, 2010, the Planning Commission recommended 7:0 to approve a specific use permit to allow a retail clothing shop in an RCR (Residential Conservation and Revitalization) District at 1795 Park Street, subject to the following conditions: • Provide six (6) parking spaces including one (1) disabled parking space. • Provide a six(6)foot wide landscape strip along the Irma Street frontage of the parking lot. Mayor Pro Tern Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RETAIL CLOTHING SHOP IN AN RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION)DISTRICT LOCATED AT 1795 PARK STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 10 - 032 11. Consider a request for a specific use permit to allow warehousing and storage for boats and RV's in a GC-MD(General Commercial-Multiple Family Dwelling)District at 5080 Washington Boulevard. Administration recommended approval for a specific use permit to allow a warehousing and storage for boats and RV's in a GC-MD District at 5080 Washington Boulevard. Kelley Family Investments, Ltd. has applied for a specific use permit. The applicant intends to build two 7,200 sq.ft.storage buildings on the subject property. The buildings will be used for the storage of boats and RV's. At a Joint Public Hearing held April 19, 2010, the Planning Commission recommended 5:0 to approve a specific use permit to allow warehousing and storage for boats and RV's in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5080 Washington Boulevard, subject to the following conditions: Minutes-April 27,2010 Page 11 of 19 • The applicant shall install an eight(8)foot tall wood screening fence and a ten(10)foot wide landscape strip along the north property line and landscaped berms along the front width of the property. • A sidewalk will be installed along the property frontage on Washington. Councilmember Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW WAREHOUSING AND STORAGE FOR BOATS AND RVS IN A GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT LOCATED AT 5080 WASHINGTON BOULEVARD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 10 - 033 12. Consider a request for a specific use permit to allow a parking lot in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 1034 Colorado Avenue. Administration recommended approval of a specific use permit to allow a parking lot in a GC- MD-2 District at 1034 Colorado Avenue. Bobby Patel has applied for specific use permit. Bobby Patel, the owner of both the vacant lot at 1034 Colorado and the Kampus Korner Restaurant at 4637 Rolfe Christopher, has applied for a specific use permit to allow the construction of a parking lot in a GC-MD-2(General Commercial-Multiple Family Dwelling-2) District. The purpose of the parking lot will be to provide additional parking for the restaurant on Rolfe Christopher. The Kampus Korner Restaurant is being remodeled. Only a limited number of head-in parking spaces is provided at the front of the restaurant. The new parking lot would provide much needed parking approximately 260 feet away from the restaurant. At a Joint Public Hearing held April 19, 2010, the Planning Commission recommended 6:1 to approve a specific use permit to allow a parking lot in a GC-MD-2 (General Commercial- Multiple Family Dwelling-2) District at 1034 Colorado Avenue, subject to the following conditions: • Provide a six(6)foot wide landscape strip along the parking lot frontage on Colorado Avenue. Minutes-April 27,2010 Page 12 of 19 • The owner shall provide to the City of Beaumont a instrument of record from Jefferson County that states that the twenty-two(22)parking spaces located at 1034 Colorado Avenue, Lot 5, Block 4, Lamar Addition will be used for exclusive parking for the business at 4637 Rolfe Christopher Drive, Lot 30, Block 1, Lamar Addition. • Drainage of the parking lot must be in conformance with the City's requirements. • Install a sidewalk along the property frontage on Colorado. Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PARKING LOT IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT LOCATED AT 1034 COLORADO AVENUE IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 10 - 034 13. Consider approving an interlocal agreement to enter into a contract for EMS debt collection services. Administration recommended the authorization of an interlocal purchasing cooperative agreement with the Town of Flower Mound, Texas to enter into a contract with Emergicon LLC, for EMS debt collection services. The Town of Flower Mound has awarded a contract to Emergicon LLC, in compliance with bidding requirements of the State of Texas to provide EMS debt collection services. Terms and conditions of the contract extend prices and volume discounts to other governmental entities as permitted under Chapter 791 of the Texas Government Code. Participation in the contract requires a joint purchasing interlocal cooperative agreement between the governmental entities. Councilmember Beaulieu made a motion tO APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INTERLOCAL PURCHASING COOPERATIVE AGREEMENT WITH THE CITY OF FLOWER MOUND,TEXAS,WHICH WOULD ALLOW PARTICIPATION IN A CONTRACT WITH EMERGICON LLC FOR EMS DEBT COLLECTION SERVICES. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Page 13 of 19 Minutes-April 27,2010 Resolution 10 - 108 14. Consider approving a contract for outsourcing the debt collection services for designated EMS accounts. Administration recommended the authorization of a contract with Emergicon LLC,of Dallas, for debt collection services for designated EMS accounts. The Town of Flower Mound has awarded a contract to Emergicon LLC, in compliance with bidding requirements of the State of Texas to provide EMS debt collection services. Terms and conditions of the contract extend prices and volume discounts to other governmental entities as permitted under Chapter 791 of the Texas Government Code. Participation in the contract requires a joint purchasing interlocal cooperative agreement between the governmental entities. Currently,the Cash Management Division of the Finance Department handles the billing and debt collection services related to EMS accounts.After the City has exhausted all collection efforts, accounts are sent to the contracted collection agency, currently Municipal Services Bureau of Austin, as a last attempt to collect unpaid balances owed by individual customers. These accounts are usually turned over to the collection agency after they are at least 90 days delinquent.All amounts collected by the collection agency are subject to a 19.5%collection fee. In FY 2009, the City billed $5.1 M in charges related to EMS and collected $2.7M or 53%. After being ninety (90) days past due, a total of$1.6M in billings was sent to the collection agency,with$32,000 being collected. After entering into the contract with Emergicon LLC, it is anticipated that we will collect$200,000 to$250,000 during the first year of the contract, resulting in fewer accounts being turned over to the collection agency. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH EMERGICON LLC OF DALLAS,TX FOR EMS DEBT COLLECTION SERVICES. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 10 - 109 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Minutes-April 27,2010 Page 14 of 19 PUBLIC HEARING Receive comments on the 2010 Action Plan and Budget of the Five Year Consolidated Plan Open - 2:11 p.m. None Close - 2:12 p.m. 15. Consider adopting the 2010 Action Plan and Budget of the Five Year Consolidated Plan. Administration recommended that Council conducts a Public Hearing to receive comments on the 2010 Action Plan and Budget and approval of a resolution adopting the Plan. As mandated by the U. S. Department of Housing and Urban Development (HUD), City Council has conducted public hearings in previous years prior to adopting the City's Annual Action Plan of the Consolidated Grant Program. Community Development Staff, along with other City of Beaumont staff and the Community Development Advisory Committee(CDAC), hosted four (4) Public Hearings in order to receive public comments on the process and activities related to the Preliminary 2010 Annual Action Plan. On March 23, 2010, the City Council approved the Preliminary Budget of the 2010 Action Plan and on April 13, 2010,the Council received public input on Public Service and Public Facilities applications. The 2010 Preliminary budget totaling$2,922,928 is comprised of Community Development Block Grant(CDBG)Funds($1,964,291), HOME Investment Partnership funds($808,637) and estimated Program Income ($150,000). COuncilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY ADOPTS THE HUD CONSOLIDATED GRANT PROGRAM'S 2010 ACTION PLAN,AS WELL AS THE BUDGET OF THE ACTION PLAN, OF THE FIVE YEAR CONSOLIDATED PLAN IN THE AMOUNT OF $2,922,928. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 10 - 110 Page 15 of 19 Minutes-April 27,2010 WORKSESSION Review and discuss recommendations relating to the Beaumont Municipal Transit System Tom Warner, Public Works Director, discussed the Beaumont Municipal Transit Development Plan background,which included existing service issues, proposed route changes, budgetary issues,transit funding, service options, and recommendations. In early 2008 the Southeast Texas Regional Planning Commission hired a consultant to study Beaumont and Port Arthur's Municipal Transit Systems, to look at ways to improve efficiency and effectiveness and expanding services, for Beaumont that expansion was service to the new Social Security Office on Major and Dishman. The last comprehensive analysis that was conducted for Beaumont Municipal Transit was done back in 1980. Some of the current issues that were looked at with the current service was that many of the routes didn't have direct service. A number of the routes have large one-way loops and long deviations in the middle of the route, many of the routes are too long to operate efficiently,headways are inconsistent,along with running times and headways that are not frequent enough to attract new riders. The proposed rate changes would provide two directional services on the thoroughfares,eliminate or reduce large one-way routes and route deviations,develop core service areas where 1 or 2 buses will be on the route for added efficiency, increase trip frequencies to an average of 30 minutes, which would be up from the current 30 to 90 minutes and eliminate unproductive service. The budgetary issues would be reduction in fare revenues, reduction or elimination of state funding,a cap on federal funding and increase in the City's subsidy. PUBLIC HEARING Receive comments on the Beaumont Transit Development Plan Public Hearing Open - 2:42 p.m. Alto Watson 4730 Monticello Beaumont TX Asked that the transit system stay as it is Tavares T. Johnson 3190 Eastex Fwy. #166 Beaumont TX Stated that he was circulating a petition,there are a lot of people that depend on the transit to get to and from work, asked that the time not change as well as not cutting Saturday service Jackcon Landry 5210 Concord Rd. Beaumont TX Asked that Council not change the bus routes, times and dates Minutes-April 27,2010 Page 16 of 19 Doris Smith 4325 Crow Rd. Beaumont TX Does not want the bus routes or time to change,many people depend on the transit to get where they need to go Ruby Richard 595 Shamrock St. Beaumont TX Asked that Council not change the routes, there are a lot of people that ride the bus, it is the only transportation they have, also requested shelter at the bus stops when the weather is bad Clarence Alexander 1075 Pinchback Rd. #1201 Beaumont TX Requested that the bus route remain as is,the time doesn't change and the Saturday route continues Roy Guidry 595 Shamrock St. Beaumont TX Understands the need for the City to cut back but the bus service is needed by the citizens and the City should look at cutting something other than the City transit service Public Hearing Close - 3:03 p.m. COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN- CONGRATULATED THE EMPLOYEES WHO HAVE SERVED THE CITY FOR THIRTY AND THIRTY-FIVE YEARS,ANNOUNCED THE FIRST ANNUAL BEAUMONT GUSHER MARATHON, SATURDAY, MAY 1, 2010, AT 7:00 A.M., THERE IS A FULL AND HALF MARATHON, 5-K RUN AND SOME TEAM EVENTS, ENCOURAGED EVERYONE TO COME OUT COUNCILMEMBER BEAULIEU- THANKED THE EMPLOYEES THAT HAVE BEEN DEDICATED TO THE CITY FOR THIRTY AND THIRTY-FIVE YEARS, THANKED ALL CITIZENS THAT CAME TO THE MEETING TO VOICE THEIR CONCERNS REGARDING THE BEAUMONT MUNICIPAL TRANSIT SYSTEM MAYOR PRO TEM WRIGHT- COMMENTED ON THE RIBBON CUTTING FOR JEHOVA.JIREH VILLAGE FOR THE OPENING OF A NEW STREET, THE BEAUMONT METROPOLITAN PTA, CONDOLENCES TO THE PAUL ACCARDO FAMILY ON THE PASSING OF CARRIE ACCARDO, THANKED THE CITIZENS THAT CAMPAIGN FOR WHAT THEY WANT AND DON'T WANT IN THEIR NEIGHBORHOODS AND IN THEIR CITY Minutes-April 27,2010 Page 17 of 19 COUNCILMEMBER PATE - WISHED RODNEY AMES A HAPPY BIRTHDAY, COMMENTED ON THE Z Z TOP CONCERT,THANKED THE EMPLOYEES FOR THEIR TIME OF SERVICE,COMMENTED ON A PROCLAMATION HE READ ON THIS WEEKEND FOR PAPPY DRENNAN WHO WAS A FOOTBALL COACH AT FOREST PARK AND WEST BROOK, FROM 1961 TO 1972, HE WILL TURN 100 YEARS OLD ON THURSDAY, HE IS THE OLDEST LIVING AGGIE LETTERMAN,ANNOUNCED THAT THE CHILDREN'S MUSEUM WILL HAVE A FUND RAISER ON THURSDAY,APRIL 29, 2010 COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER SMITH - SOUTH PARK NEIGHBORHOOD ASSOCIATION WILL BE MEETING ON THURSDAY,APRIL 29,2010,AT SOUTH PARK BAPTIST CHURCH CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - COMMENTED ON SEVERAL FUND RAISERS THIS WEEKEND, THE AMERICAN HEART ASSOCIATION, AND GIFT OF LIFE, CONGRATULATED EMPLOYEES FOR THEIR THIRTY AND THIRTY-FIVE YEARS OF SERVICE Public Comments (Persons are limited to three minutes) Rev. J. D. Roberts 5475 Landry Ln. Beaumont TX Invited Mayor and Council to an event for Save our Children on Saturday, May 1,2010,at HEB Bruce Hoffer 2535 North Beaumont TX Commented on the Calder Project,asked that Council look forways that the City can increase the transit riders, there will be a soccer tournament on Saturday, May 1, 2010, late morning and early afternoon Galen Key 1305 Candlestick Circle Beaumont TX Spoke regarding E. B. Shelton,who will be discussed in Executive Session, as well as what was determined by the arbitrator Open session of meeting recessed at 3:20 p.m. Page 18 of 19 Minutes-April 27,2010 EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Holiday Inn Midtown/U.S. Cheema, Inc. In the Matter of Arbitration between Beaumont Firefighters'Local 399(Vacation Carryover Grievance - E.B. Shelton) and The City of Beaumont, Texas State of Texas v. James Edward Mathews, Jr. City of Beaumont v. James Mathews There being no action taken in Executive Session, Council adjourned. A di o available pon request in the City Clerk's Office. Becky Am , Mayor 'Alv7a. ti Tina Broussard, City Clerk 1, Page 19 of 19 Minutes-April 27,2010