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Home My WebLink AboutMIN NOV 24 2009 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 III November 24, 2009 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 24, 2009, atthe City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to considerthe following: OPENING Invocation Pledge of Allegiance Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 5-7/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Councilmember Beaulieu gave the invocation. Councilmember Pate led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present atthe meeting were MayorAmes, Councilmembers Coleman, Beaulieu, Pate, Samuel and Smith. Absent: Mayor Pro Tern Wright. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney-, Tina Broussard, City Clerk. Councilmember Wright was out of the City. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled agenda items 5-7/Consent Agenda. None CONSENT AGENDA Approval of minutes - November 17, 2009 Confirmation of committee appointments - Resolution 09 - 348 Clint Walters would be appointed as an alternate to the Planning and Zoning Commission. The term would commence November 24, 2009 and expire November 23, 2012. (Mayor Becky Ames) Minutes-November 24,2009 A) Approve a one year contract with the Greater Beaumont Chamber of Commerce - Resolution 09 - 349 B) Authorize the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XV Project for "extra work" - Resolution 09 - 350 C) Authorize the City Manager to enter into an agreement with the Jefferson County Community Supervision and Corrections Department - Resolution 09 - 351 D) Authorize the acquisition of property for the Concord Road Pavement Widening Project - Resolution 09 - 352 E) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Emersen Enclave Subdivision-Resolution 09-353 Councilmember Pate made a motion to approve the Consent Agenda. Councilmember Coleman seconded the motion. AYES: MAYOR AMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUEL AND SMITH NAYS: NONE MOTION PASSED Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. GENERAL BUSINESS 1. Consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD(General Commercial-Multiple Family Dwelling)District at the southwest corner of Delaware and Grand. Administration recommended approval of the zone change. Harmony Missionary Baptist Church has requested the zone change. The church is preparing to build a 3,500 sq. ft. building at 3040 Magnolia. At a Joint Public Hearing held November 16, 2009,the Planning Commission recommended 7:0 to approve the zone change from RS (Residential Single Family Dwelling) District to GC- MD (General Commercial-Multiple Family Dwelling) District at the southwest corner of Delaware and Grand. Page 2 of 9 Minutes-November 24,2009 Councilmember Samuel 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 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 AT THE SOUTHWEST CORNER OF DELAWARE AND GRAND, BEAUMONT, TEXAS, JEFFERSON COUNTY, TEXAS; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYORAMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 09 - 066 2. Consider a request for a zone change from RM-M (Residential Multiple Family Dwelling- Medium Density)District and GC-MD(General Commercial-Multiple Family Dwelling)District to RS (Residential Single Family Dwelling) District at 1470 -1490, 1510 -1630 Dylan Dr., 5105 - 5110 Canyon Circle, 5105 - 5110 Ridgeline Circle and 5105 - 5110 Elk Run Circle. Administration recommended approval of the zone change from RM-M District and GC-MD District to RS District at 1470-1490, 1510-1630 Dylan Dr., 5105-5110 Canyon Circle, 5105- 5110 Ridgeline Circle and 5105-5110 Elk Run Circle. City Planning staff has requested the zone change. In February, 2008, the final plat for Wolf Creek Subdivision, Section 1 was filed. Recently, it was determined that a portion of the single family subdivision was located on property zoned GC-MD. As a result, staff talked with the developer of the property and both agreed that the most appropriate action was to initiate a zone change of the entire subdivision from RM-M (Residential Multiple Family- Medium Density) District and GC-MD (General Commercial- Multiple Family Dwelling)District to RS(Residential Single Family Dwelling)District. The GC- MD zoning district does not allow single family homes. At a Joint Public Hearing held November 16, 2009,the Planning Commission recommended 7:0 to approve the zone change from RM-M (Residential Multiple Family Dwelling-Medium Density) District and GC-MD (General Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling)District at 1470-1490, 1510-1630 Dylan Dr., 5105-5110 Canyon Circle, 5105-5110 Ridgeline Circle and 5105-5110 Elk Run Circle. Page 3 of 9 Minutes-November 24,2009 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 RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 1470-1490 AND 1510-1630 DYLAN DRIVE, 5105-5110 CANYON CIRCLE, 5105-5110 RIDGELINE CIRCLE AND 5105-5110 ELK RUN CIRCLE, BEAUMONT,JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Pate seconded the motion. AYES: MAYOR AMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 09 - 067 3. Consider a request for a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District and a specific use permit to allow a church and boarding house in an RM-M District at 3895 Kenneth. Administration recommended denial of the zone change from RS District to RM-M District and a specific use permit to allow a church and boarding house in an RM-M (District)at 3895 Kenneth. Pastor Terrell Chatman of God's Way Spiritual Maintenance has requested the zone change and specific use permit. The proposed location of the church and boarding house is the site of a former City of Beaumont fire station. At this location, Pastor Chatman plans to operate his church and provide boarding for homeless men. In 2007, the previous property owner had applied for a zone change to RM-M and a specific use permit to allow a residential care facility for juveniles. That request was denied by City Council. At that time, neighbors had concerns over the residential care facility and staff expressed a concern over spot zoning. Circumstances have not changed significantly to warrant a positive vote on the current application. At a Joint Public Hearing held November 16, 2009,the Planning Commission recommended 5:2 to deny a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District and a specific use permit to allow a church and boarding house in an RM-M District at 3895 Kenneth. Page 4 of 9 Minutes-November 24,2009 Councilmember Smith made a motion to DENY AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING DISTRICT TO RM-M(RESIDENTIAL MULTIPLE FAMILY DWELLING-MEDIUM DENSITY) DISTRICT FOR PROPERTY LOCATED AT 3895 KENNETH, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYORAMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUELAND SMITH NAYS: NONE MOTION DENIED Councilmember Smith made a motion to ADOPT AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH AND BOARDING HOUSE IN AN RM-M(RESIDENTIAL MULTIPLE FAMILY DWELLING-MEDIUM DENSITY) DISTRICT LOCATED AT 3895 KENNETH IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYORAMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 09-068 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 - Item Deferred for two weeks 5. Consider a request for an abandonment of a 188' portion of Forsythe Street and a 121' portion of a 20' wide alley in Block 25, Cartwright Terrace Addition. Administration recommended approval of a request for an abandonment of a 188' portion of Forsythe Street and a 121'portion of a 20'wide alley in Block 25, Cartwright Terrace Addition. William Anderson has requested to abandon a 118' portion of Forsythe Street and a 121' portion of a 20' wide alley in Block 25, Cartwright Terrace Addition. Mr. Anderson owns the property on both sides of the subject rights-of-way and states that he would like to construct a fence around his properties. Page 5 of 9 Minutes-November 24,2009 At a Public Hearing held November 16, 2009, the Planning Commission recommended approval 6:0 of an abandonment of a 188' portion of Forsythe Street and a 121' portion of a 20' wide alley in Block 25, Cartwright Terrace Addition subject to the following conditions: A) Retain 15'general utility easements along the east and west ends of the abandoned rights-of-way. B) The existing 6 inch sanitary sewer main in the 20'alley will become a private sanitary sewer main within that section of the abandonment. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING A 188" PORTION OF FORSYTHE STREET AND A 121, PORTION OF A 20'WIDE ALLEY IN BLOCK 25,CARTWRIGHT TERRACE ADDITION,BEAUMONT,JEFFERSON COUNTY, TEXAS; AND RETAINING A GENERAL UTILITY EASEMENT. Councilmember Smith seconded the motion AYES: MAYORAMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 09 - 069 6. Consider authorizing the Mayor to execute a Limited Waiver Agreement allowing the City of Nederland to annex a portion of the lands constituting the Southeast Texas Regional Airport. Administration recommended approval of a resolution authorizing the Mayor to execute a Limited Waiver Agreement allowing the City of Nederland to annex a portion of the lands constituting the Southeast Texas Regional Airport. On November 3, 2009, Jeff Branick, Assistant to Jefferson County Judge Walker, made a presentation to the Council requesting the City execute a Limited Waiver Agreement allowing the City of Nederland to exercise its power of annexation as to a portion of the Southeast Texas Regional Airport property. In 1960, the Cities of Beaumont, Nederland and Port Arthur executed a Joint Resolution whereby they mutually agreed to relinquish any jurisdiction held over the Jefferson County Airport and agreed that they would not, in the future,attempt to control or annex any part of the airport in an effort to promote the airport project on behalf of the citizenship of Jefferson County as a whole. The County has since been approached by the City of Nederland and their Economic Development Corporation to relax the agreement to allow the development of the property adjacent to Highway 69 through a limited annexation by the City of Nederland. In 1965, these three cities entered into an Extra-Territorial Jurisdiction (ETJ) Apportionment Agreement apportioning the overlapping area of the three(3)jurisdictions between Port Arthur, Nederland Page 6 of 9 Minutes-November 24,2009 and Beaumont. This limited waiver would require the 1965 agreement be amended to reflect the waiver and annexation of the airport tract by the City of Nederland. Councilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE MAYOR BE AND SHE IS HEREBY, AUTHORIZED TO EXECUTE A LIMITED WAIVER AGREEMENT ALLOWING THE CITY OF NEDERLAND TO ANNEX A PORTION OF THE LANDS CONSTITUTING THE SOUTHEAST TEXAS REGIONAL AIRPORT. Councilmember Pate seconded the motion AYES: MAYOR AMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 354 7. Consider approving the purchase of an expanded radio communications system. Pricing forthis purchase is obtained through the Houston-Galveston Area Council ( H-GAC) Cooperative Purchasing Program. H-GAC is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with the State of Texas procurement statues. In 2008, Council approved the purchase of a Microwave Point to Point Network.The Network constantly monitors the quality of T1 circuits in the City's radio communication system and, if the circuits degrade below a specific level, switches traffic to the Network. The Network also provides long-term communications in the event of a large scale outage due to an event such as a hurricane. The radio system is scheduled to expand from eleven (11) channels to twenty-one (21) channels in order to extend coverage to mid and south county. This expansions will increase the interoperability in the interest of public safety. A corresponding expansion of the Microwave Network is needed to provide sufficient capacity to handle the system. Funding is available from the Department of Homeland Security 2007 Port Security Grant in the amount of $74,204 and from the Capital Reserve Fund in the amount of $24,735. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY, AUTHORIZED TO APPROVE THE PURCHASE OF AN EXPANSION OF THE MICROWAVE POINT TO POINT NETWORK FROM MOTOROLA OF HOUSTON,TEXAS, IN THE AMOUNT OF $98,939 THROUGH THE HOUSTON - GALVESTON AREA COUNCIL (H-GAC) COOPERATIVE PURCHASING PROGRAM. Smith seconded the motion AYES: MAYORAMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUEL AND SMITH NAYS: NONE Page 7 of 9 Minutes-November 24,2009 MOTION PASSED Resolution 09 - 355 COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH- WISHED EVERYONE A HAPPY THANKSGIVING, COMMENTED ON ATTENDING THE MACEDONIA BAPTIST CHURCH'S 100TH YEAR ANNIVERSARY, AND WEST TABERNACLE'S 105TH YEAR CHURCH ANNIVERSARY COUNCILMEMBER SAMUEL - ATTENDED THE JOYFUL OCCASION OF THE 105TH YEAR CHURCH ANNIVERSARY FOR MACEDONIA BAPTIST CHURCH,COMMENTED ON THE CIVILIAN REVIEW BOARD AND THE ADVISORY REVIEW BOARD, REQUESTED THAT INFORMATION BE GATHERED FROM OTHER CITIES TO FIND OUT WHAT THE RESPONSIBILITIES AND JOB DUTIES ARE OF THE CIVILIAN/ADVISORY REVIEW BOARDS FROM THE CITIES OF DALLAS, GALVESTON,AND SAN ANTONIO AND SUBMIT TO COUNCIL, STATED THAT HE WOULD NOT BE AT THE DECEMBER 1,2009 COUNCIL MEETING DUE TO HIS BEING IN AFRICA COUNCILMEMBER PATE - WISHED EVERYONE A HAPPY THANKSGIVING COUNCILMEMBER BEAULIEU - CONGRATULATED BOTH CHURCHES THAT CELEBRATED THEIR ANNIVERSARIES, WISHED EVERYONE A HAPPY THANKSGIVING WHERE EVERYONE IS WARMLY LOVED BY FAMILY AND FULLY FED BY ALL COUNCILMEMBER COLEMAN - THANKED THE LORD FOR ALL THE BLESSINGS HE AND HIS FAMILY AND FRIENDS HAVE, ASKED THAT EVERYONE BOW THEIR HEADS ON THURSDAY AND THANK HIM THAT GIVES US EVERYTHING WE HAVE MAYOR PRO TEM WRIGHT - ABSENT CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES- WISHED EVERYONE A HAPPY THANKSGIVING, COMMENTED ON THE REVIEW/ADVISORY BOARD, ASKED THAT INFORMATION BE INCLUDED IN THE REPORT REQUESTED BY COUNCILMEMBER SAMUEL ON WHAT HAPPENS WHEN COUNCIL APPOINTS CITIZENS AND CAN COUNCIL REQUEST Page 8 of 9 Minutes-November 24,2009 THE MEMBERS GO THROUGH THE CIVILIAN POLICE ACADEMY Public Comments (Persons are limited to three minutes) Vernon Durden 2110 Westbury Rd. Beaumont TX Gave thanks and appreciation to the council on all that they do, commented on the thanks for bridging the gap of communication and for the opportunity for the citizens and the Police Department Suzanne Roane 2688 North Beaumont TX Disappointed that item #4 on the agenda was deferred regarding a specific use permit at 2693 North Street Open session of meeting recessed at 2:01 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Eric Kvarme, et al v. City of Beaumont, et al Tina Lewallen v. the City of Beaumont Beaumont Metropolitan YMCA There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. Becky Ames, yor' r��Ep.UMO, ,,V 1J1 i C too. Tina Broussard, City Clerk l � i AV Page 9 of 9 Minutes-November 24,2009