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HomeMy WebLinkAboutMIN JUN 06 2000 M I N U T E S - CITY OF BEAUMONT Lulu L.Smith DAVID W. MOORE, MAYOR Guy N.Goodson,Mayor Pro Tern Andrew P.Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J.Patterson June 6,2000 Audwin Samuel Lane Nichols,City Attorney Stephen J.Bonczek,City Manager Barbara Liming,City Clerk The City Council of the City of Beaumont, Texas,met in a regular session on June 6,2000, 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 * Consent Agenda Mayor Moore called the meeting to order at 1:30 p.m. The Reverend Benny Thomas, Church of the Living Waters, gave the invocation. Colonel McGheen, Captain Duncan, and Sergeant Michael led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Samuel, and Patterson. Councilmember Ames was absent (out of town). Also present were: Stephen J. Bonczek, City Manager; Tyrone Cooper, Assistant City Attorney; and Barbara Liming, City Clerk. *Presentations and Recognitions One proclamation was issued: "Flag Day—Army Birthday,"June 14, 2000 *Public Comment: Persons may speak on items listed on the Consent Agenda No one wished to address these items. * Consent Agenda * Approval of the minutes of the regular meeting held May 30, 2000. * Confirmation of committee appointments: No appointments made. A) Approve a change order to the contract for the 1999 Street Rehabilitation Program (with LD Construction for a total of$31,783.90) - Resolution No. 00-137 B) Authorize the acceptance of property for the proposed new Perlstein Park (5.789 acres valued at $23,140 adjacent to a 4.34 acre City-owned tract from Chevron Pipeline Company)- Resolution No. 00-138 C) Authorize the acquisition of property for a water line easement (a ten-foot wide waterline easement from Mr. W. J. Hargraves at 8355 Highway 105 described at Lots 50 and 51 of the Neches Terrace Addition for negotiated value of$968) - Resolution No. 00-139 D) Authorize the execution of a deed conveying properties to the Charlton-Pollard Neighborhood Association, Inc. (1010-1012 Sherman Street, N 100' Lot 97, Block 9, Herring Addition; and 825 Devilleneuve, Tract 3, City Plat F of D. Brown Survey; for reconstruction and relocation of homes for the Neighborhood Revitalization Project.) - Resolution No. 00-140 Councilmember Samuel moved to approve the Consent Agenda. Councilmember Patterson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos, Samuel and Patterson Noes: None COMMENTS *City Manager's Report-Status of Swimming Pool Operations,Enhanced Swimming Program,HUD Grant for Melton Y.M.C.A. and Zoning Status of Beaumont Housing Authority Project Mr. Bonczek briefly reported about current operational pools and summer swim programs in conjunction with the Melton YMCA and the YWCA,outlined recruitment and incentive procedures being used to hire lifeguards due to a shortage of certified lifeguards, and said federal grant funding in the amount of$462,500 has been received and dispensed to the Melton YMCA for their project. Mayor Moore requested that staff consider extension of hours and season for operation of pool facilities and to plan and promote family swim nights. * Councilmembers comment on various subjects Mayor Moore congratulated Parks and Recreation Department staff for an outstanding Concert in the Park last week with several hundred in attendance. OTHER BUSINESS * Discuss Proposed Major/Dowlen/Gladys/Highway 105 Sign Overlay District Regulations The City Manager introduced discussion by stating that our Planning Division staff and Planning Commission have been working many months producing sign policies and regulations. They have received input from the business development community through a Sign Review Committee. He said an effort has been made to not only provide identification to businesses,but to improve the visual appearance of this important, commercial corridor and explained goals pursued in defining the proposed regulations. Mr. Bonczek stated that Laurie Leister,chairman of the Planning Commission and Planning Manager Steve Richardson are present to answer questions. Minutes;June 6,2000; Page 2 Planning Manager Steve Richardson stated that the area basically bounded by Major Drive, Dowlen Road, Gladys Avenue, and State Highway 105 is foreseen as the major growth area in the City of Beaumont for the next several years, and the Planning Commission's desire was to develop uniform signage regulations in an effort to beautify the area. Mr.Richardson reviewed the overlay district and addressed proposed regulations and information shown in Exhibit"A"that included use of monument signs, sizes for commercial/industrial signage, separate guidelines for gasoline retailers, and prohibition of off-premise advertising signs. Mr. Richardson announced that a joint public hearing with the Planning Commission and City Council is scheduled for June 19, 2000. Planning Commission Chairman Laurie Leister commented that these changes are proposed in the best interest of the City in promoting economic development. She reported that builders state that most new construction is generated by people moving into Beaumont,and the Commission's desire is that these areas be developed attractively to safeguard the residential community. She cited other cities that are initiating use of monument signs and stated her belief that this will be a good trend for Beaumont. Council questions and discussion included makeup of the Signage Committee according to Chapter 296 of the Local Government Code,compensation allowed to businesses that remove existing signs, a grandfather clause for businesses, advertising on bus stop benches prohibited, sign landscaping requirements,extending regulations to city limits for future control,an appeal process,and commonly accepted national advertising signs such as the McDonald restaurants required compliance. A member of the audience,Mr.Gary Sitton of Sitton Oil,questioned compliance in the future to these regulations for all areas of the city, equal treatment for all businesses and expounded on the importance of signs to the fuel oil industry. In response to Mr. Sitton's question, Council voiced opinions that each area of the city has its own personality and character and would be addressed individually. Mayor Moore thanked the Planning Commission and Planning Division staff for the enormous amount of time spent developing the sign overlay regulations,and responded that sensitivity to neighborhoods is a key factor in development of signage for other areas of the city, and that we don't want to unnecessarily impact older neighborhoods. * Public Comment (Persons are limited to three (3) minutes) Mr. Bill Proctor suggested that for the configuration of future workshop meetings,the City purchase wireless microphones and strategically place them so the audience can hear Council comments. Mr. Frank Kiefer, 3190 Willowood, addressed Council in opposition to increased water and sewer rates because of the impact on those with fixed and/or low incomes. Mr. Kiefer suggested salary reductions for Council and certain City staff to compensate for needed Water Division funding. He suggested City employees be required to live in Beaumont, that we solicit funding from the federal government through our Washington Assistant for a water/sewer improvement program, asked that some Council travel be eliminated and some restricted to save finances, and asked that Council conserve and spend money wisely. Minutes;June 6,2000; Page 3 The Reverend J. D. Gregory addressed Council to comment about the impact of increased water and sewer rates on him and other senior citizens. Mr. Leroy Lewis, III, 1201 Euclid, addressed Council to complain of inequities in grass cutting in different areas of the city, said HUD homes should be located in an area by themselves, spoke about a problem with stray dogs, a 9:00 p.m. curfew established for neighborhood safety, claimed that young people have to go to Houston for decent jobs, that most jobs are held by Caucasians with just a few held by Blacks, and said more minorities need to be working. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Don Gonzales, Jr. dba Gonzales Electrical Systems (Small Business Revolving Loan) Claim of Clarence and Margie Guidry There being no other business, the meeting adjourned at 2:32 p.m. David Moore, Mayor Barbara Liming, City Clerk Minutes;June 6,2000;Page 4 CITY OF BEAUMONT LOU ECONOMIC DEVELOPMENT a doll] INTEROFFICE MEMORANDUM � � L May 31, 2000 PD 325/00 TO: City Council FROINI: Stephen C. Richardson, Planning Manager SUBJECT: Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District Regulations COMMENTS The Sign Review Committee met twice to review and develop a proposed sign ordinance for an area in west Beaumont that basically lies north of Hwy. 105 to south of Gladys and west of Major to east of Dowlen. The ordinance will overlay the existing zoning with the creation of the MD Sign Overlay District. The major purpose of the proposed sign ordinance is to provide for the essential identity of facilities along the streets and prevent needless clutter in this area by requiring uniform signage. Uniform signage shall be in the form of monument signs. The ordinance differentiates commercial/industrial signage by occupancy. Single tenant business establishments are allowed one detached sign per street frontage that abuts the property. The sign shall not exceed six (6) feet in height and seventy (70) square feet in area. For multi-tenant business establishments, one detached sign is permitted per street frontage that abuts the property. The sign shall not exceed twenty (20) feet in height and two hundred forty (240) square feet in area. Gasoline retailers are dealt with separately in the ordinance. One owner identification/pricing board sign is permitted per street frontage that abuts the property. Along Dowlen, Hwy. 105 and Major, the sign shall not be greater than fifteen (15) feet in height and one hundred (100) square feet in area. Along all other streets in the MD Sign Overlay District, a gasoline retailer shall also be permitted one owner idetitification/pricing board sign per street frontage that abuts the property. However, those signs shall not exceed six (6) feet in height and seventy (70) square feet in area. Off-premise advertising signs will prohibited in the overlay district. Existing nonconforming off- premise advertising signs at the time of the adoption of the ordinance may be required to be relocated, EXHIBIT "A" reconstructed or removed by the City Council, all in accordance with the procedures as provided for in Chapter 216 of the Texas Local Government Code. The proposed ordinance will go to die Planning Commission and City Council in Joint Hearing on June 19, 2000. OF Stephen C. Richardson Signs.5.1 SIGNS Sec. 30-23.1. Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District Regulations. (a) General Purpose and Description: The Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District, in general recognizes that this area will be the major growth area of the City and is therefore intended to provide for the essential identity of facilities along the streets and prevent needless clutter in the area through uniform signage; to preserve and improve the physical environment in the City of Beaumont; and promote the public safety, welfare, convenience and enjoyment of travel and the free flow of traffic along the streets in this area. This district supplements the regulations of the underlying zoning district classifications. The Zoning Map shall reflect the designation of a Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District by the letters "MD" as a suffix to the underlying zoning district classifications. (b) Definitions: Unless the context clearly indicates otherwise, in this Ordinance: 1) MULTI-TENANT BUSINESS DEVELOPMENT shall mean a development under the same ownership consisting of two or more business establishments separated by a tenant separation wall, using common driveways and onsite parking facilities, including, but not limited to, shopping centers, office complexes, office buildings and business parks. Retail co-branding shall not be considered a multi-tenant business development. 2) SIGN, DETACHED shall mean a sign which is wholly supported by one or more columns, uprights or braces in the ground and has no support to a building, canopy or facade. 3) SIGN, DOUBLE-FACED shall mean a single sign with two parallel sign faces back-to-back. 4) SIGN FACING shall mean the facing of any sign upon, against, or through which the message is displayed or illustrated; provided however, for signs in which the words, letters or symbols are independently mounted, the sign facing shall mean the smallest regular geometric form containing all of the individual words, letters and symbols. Size of the sign shall be determined by the 1 lettering. However, If there is background in addition of the lettering, background material shall be included if the background is uniquely associated with the letters. 5) SIGN, FENCE shall mean a sign attached or affixed to any type of fence. 6) SIGN, MOBILE, shall mean a business sign used to advertise an establishment or services which is on or affixed to trucks, automobiles, trailers or other vehicles used primarily to support or display such signs while parked. 7) SIGN, MONUMENT shall mean a sign that is an independent structure supported from grade to the bottom of the sign with the appearance of having a solid base. 8) SIGN, MOVING shall mean a sign which in whole, or part, does not remain stationary at all times, regardless of the power source which affects movement. 9) SINGLE TENANT BUSINESS ESTABLISHMENT shall mean a project or undertaking which involves the use of any property, building or structure, permanent or temporary, for the primary purpose of conducting on said property a legitimate commercial enterprise, or other nonresidential use, in compliance with all ordinances and regulations of the city. Multiple services and/or goods offered by a business establishment shall be considered a single tenant business establishment for the purposes of this ordinance. This definition shall include,but not be limited to, retail co-branding such as convenience stores with gas pumps and restaurants, grocery stores with banks and discount stores with other incidental uses. 10) TENANT SEPARATION shall mean a partition or floor/ceiling assembly or both constructed between tenants as per the adopted building code. (c) Permitted uses: The permitted uses in the MD, Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District, shall be determined by the underlying zoning district classification. (d) Boundaries: The boundaries of the Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District shall extend from one hundred (100) feet west of the west right-of-way line of North Major Drive to one hundred (100) feet north of the north right-of-way line of Hwy. 105; from one hundred (100) feet 2 north of the north right-of-way line of Hwy. 105 to one hundred (100) feet east of the east right-of-way line of Old Dowlen Road; from one hundred (100) feet east of the east right-of-way line of Old Dowlen Road to the north property line of the Wal-Mart Stores Subdivision; then along the north property line of the Wal-Mart Stores Subdivision to the east property line of the Wal-Mart Stores Subdivision; then along the east property line of the Wal-Mart Stores Subdivision to the south right-of-way line of Dowlen Road; then along the south property line of Dowlen Road; then along the south right-of-way line of Dowlen Road to the northeast comer of the Lowe's Shopping Center; then along the east, south and west property lines of the Lowe's Shopping Center to one hundred(100) feet east of the east right-of-way line of Dowlen Road; from one hundred (100) feet east of the east side of Dowlen Road to one hundred (100) feet south of Gladys Avenue; from one hundred (100) feet of the south right-of-way line of Gladys Avenue to one hundred(100) feet west of the west right-of- way line of North Major Drive. (e) Area and Height Regulations: Minimum lot area, width, depth, yard and building height shall be determined by the underlying zoning district classification. (f) Sign Regulations: Signs shall not be permitted within the Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District except as specifically authorized in this section. 1) Permit Requirements. No sign, unless herein excepted, shall be located, constructed, erected, altered, posted, attached or painted until a building permit has been approved by the Building Official in accordance with the requirements of this chapter and the Standard Building Code. 2) Prohibited Signs. The following types of signs are prohibited in this overlay district: a) Off Premise Advertising Signs b) Mobile Signs C) Moving Signs d) Portable Signs - For the purpose of this section, trailer signs and signs on benches are considered to be portable signs. e) Fence Signs 0 Banners, except for grand opening signs g) Pennants, decorations or other attention getting devices. 3) Signs in Residential-MD Districts: Signs shall not be permitted in Major/Dowlen/Gladys/Hwy. 105 Sign Overlay residential districts 3 except as specifically authorized in this section. a) One (1) detached identification sign may be constructed at each entrance to identify a single family residential development. Such signs will be subject to the following conditions and restrictions: (1) Building wall signs will be prohibited. (2) The sign must be for permanent identification of a subdivision. (3) The sign shall not exceed twenty (20) square feet in area. (4) The sign shall not exceed a height of five (5) feet above the ground. (5) The sign shall not be illuminated except by reflective flood light type illumination. There shall not be any flashing or intermittent lights. (6) All parts of the sign may be located at the property line. (7) The sign shall meet the wind load requirements of the Building Code. b) One(1) detached owner-identification monument sign shall be permitted for a multiple family development, non- residential or institutional building for each abutting street, subject to the following conditions and restrictions: (1) The sign shall not exceed fifty (50) square feet in area. (2) The sign shall not exceed six (6) feet in h.ight. (3) The sign shall not have any flashing lights, any type of intermittent illumination or revolve in any manner. (4) All parts of the sign may be located at the property line. (5) The sign shall meet the wind load requirements of the Building Code. (6) The sign shall be placed in a landscaped setting of not less than 120 square feet. C) One (1) attached owner-identification sign per multiple- family dwelling development or institutional building shall be permitted for each street abutting the development subject to the following conditions and restrictions: 4 (1) The sign shall be attached to or painted on the outside of the building. (2) The attached sign shall be erected parallel to the face of the building, supported by the building and shall not extend more than eighteen (18) inches from the face of the building wall. (3) The sign shall not exceed the height of the wall of the building to which it is attached. (4) The sign shall not be lighted except by reflective flood light type illumination. There shall not be any flashing or intermittent lights. (5) No sign shall exceed 10 percent of the area of the wall to which it is attached, or 150 square feet, whichever is less. 4) Signs in Commercial and Industrial-MD Districts: Detached signs shall not be permitted in Major/Dowlen/Gladys/Hwy. 105 Overlay commercial and industrial districts except as specifically authorized in this section. a) Single tenant business establishment - one detached owner- identification monument sign per street frontage that abuts the property shall be permitted subject to the following conditions and restrictions: (1) The sign shall not be greater than six (6) feet in height - the maximum height being measured from twenty-four(24) inches above the curb height adjacent to the property. (2) The sign shall not exceed seventy (70) square feet in area with the sign facing not to exceed sixty(60) square feet. (3) All parts of the sign may be located at the street right-of-way and shall be located a minimum of ten (10) feet from any other property line. (4) The sign shall not have flashing lights or any type of intermittent illumination. (5) The sign shall meet the wind load requirements of the Building Code. (6) The sign shall be placed in a landscaped setting of not less than 120 square feet. 5 b) Multi-tenant business development - one detached owner- identification monument sign for each street frontage that abuts the property, shall be permitted subject to the following conditions and restrictions: (1) The sign shall not be greater than twenty (20) feet in height - the maximum height being measured from twenty-four(24) inches above the curb adjacent to the property. (2) The sign shall not exceed two hundred forty(240) square feet in area with the sign facing not to exceed two hundred (200) square feet. (3) All parts of the sign may be located at the street right-of-way and must be located a minimum of ten (10) feet from any other property line. (4) The sign shall not have flashing lights or any type of intermittent illumination. (5) The sign shall meet the wind load requirements of the Building Code. (6) The sign shall be placed in a landscaped setting of not less than 120 square feet. C) Gasoline retailers owner identification/pricing board signs - one detached owner-identification/pricing board sign for each street frontage that abuts the property shall be permitted subject to the following conditions and restrictions: (1) Dowlen Road, Hwy. 105 and Major Drive (a) The sign shall not be greater than fifteen (15) feet in height- the maximum height being measured from twenty-four(24) inches above the curb height adjacent to the property. (b) The sign shall not exceed one hundred(100) square feet in area with the sign facing not to exceed eighty-five(85) square feet. (c) All parts of the sign may be located at the street right-of-way and must be located a minimum of ten (10) feet from any other property line. (d) The sign shall not have flashing lights or any 6 type of intermittent illumination. (e) The sign shall meet the wind lowad requirements of the Building Code. (f) The sign shall be placed in a landscaped setting of not less than 120 square feet. (2) All other streets in the MD Sign Overlay District (a) The sign shall not be greater than six (6) feet in height- the maximum height being measured form twenty-four(24) inches above the curb height adjacent to the property. (b) The sign shall not exceed seventy(70) square feet in area with the sign facing not to exceed sixty(60) square feet. (c) All parts of the sign may be located at the street right-of-way and shall be located a minimum of ten (10) feet from any other property line. (d) The sign shall not have flashing lights or any type of intermittent illumination. (e) The sign shall meet the wind load requirements of the Building Code. (f) The sign shall be placed in a landscaped setting of not less than 120 square feet. (g) Exemptions: The following signs are exempted from the requirements of this section: (1) Changing of permitted copy of an existing bulletin board, general advertising poster or paint panel(s), display encasement, marquee, flat sign, detached sign provided no increase occurs with respect to either the area or nay such sign or the manner in which it is structurally supported. (2) Signs on trucks, buses or passenger vehicles which are used in the normal conduct of business. (3) Name plate and street address signs, less than three (3) square feet in size. (4) Non-illuminated real estate signs, temporary in nature, not exceeding more than eight (8) square 7 feet in area, advertising real estate for sale or lease or announcing contemplated improvements of real estate; provided that only one such sign shall be permitted on each street fronting the property. (5) Construction signs, not to exceed forty (40) square feet in area and not located in any required yard, denoting the owner, architect, financial institution, general contractor, subcontractor, or any statement pertaining to the project; provided that there is only one sign for each street abutting the premises. (6) Warning, security and traffic directional signs less than eight(8) square feet in area and four(4) feet in height. (7) Election signs temporary in nature, 60 days maximum, less than eight (8) square feet in area and five (5) feet in height and not illuminated, when placed within a residentially zoned area. Election signs must be removed within 10 days after the election. (8) Grand opening signs,not exceeding twenty(20) square feet in area when it is an attached sign and not exceeding twenty (20) square feet in area and five (5) feet in height when it is a detached sign. The sign shall contain the words "Grand Opening" only and must receive a fifteen(15) day building permit from the City of Beaumont. (9) Traditional and seasonal national, state and religious holiday displays erected without advertising shall not be subject to the provisions of this chapter, but shall be subject to the fire code and of the City of Beaumont. (h) Continuation of nonconforming signs 1) All lawful nonconforming on-premise owner identification signs shall be allowed to exist in the MD Sign Overly District except as provided for herein. Provided however, when a nonconforming sign falls into disrepair, or is damaged by fire, explosion, act of God or other calamity to the ,,xtent that the cost of reconstruction or repair exceeds fifty (50) percent of the replacement cost of the 8 sign, such nonconforming signs shall no longer be permitted. (2) All nonconforming off-premise advertising signs existing in the MD Sign Overlay District on the effective date of this provision may be required to be relocated, reconstructed, or removed by the City Council. Any sign required to be relocated, reconstructed, or removed shall be accomplished in accordance with the procedures as provided for in Chapter 216 of the Texas Local Government Code. 9