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HomeMy WebLinkAboutMIN FEB 02 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 III February 2, 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 February 2, 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: Receive a report related to the FY 2009 Audit Public Comment: Persons may speak on scheduled agenda items 4-6/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Councilmember Samuel gave the invocation. Councilmember Beaulieu led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, 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. Mayor Pro Tern Wright was absent due to illness. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled agenda items 4-6/Consent Agenda. None CONSENT AGENDA Approval of minutes - January 26, 2010 Confirmation of committee appointments - Resolution 10 - 021 Minutes-February 02,2010 Allen Perkins would be reappointed to the Convention and Tourism Advisory Board. The current term would expire October 8, 2011. (Councilmember W.L. Pate, Jr.) J. Shane Howard would be reappointed to the Parks and Recreation Advisory Committee. The current term would expire May 9, 2011 . (Councilmember W.L. Pate, Jr.) Dora Nisby would be reappointed to the Library Commission. The current term would expire December 12, 2010. (Councilmember Alan B. Coleman) Greg Wall-Architect would be reappointed to the Construction Board of Appeals (Building). The current term would expire January 24, 2012. (Mayor Becky Ames) Gene VanMeter-Electrician (Alternate)would be reappointed to the Construction Board of Appeals (Building). The current term would expire January 24, 2012. (Mayor Becky Ames) Tom Neild-General Contractor (Alternate) would be reappointed to the Construction Board of Appeals (Building). The current term would expire January 24, 2012. (Mayor Becky Ames) Angela Baker would be appointed to the Community Development Advisory Committee. The term would commence February 2, 2010 and expire February 1, 2012. (Councilmember Alan B. Coleman) Dave Mulcahy would be appointed as Chairman of the Small Business Revolving Loan Fund Board. The term would commence February 2, 2010 and expire February 1 , 2011. (Mayor Becky Ames) Ann Reynolds would be reappointed to the Animal Health Advisory Committee. The current term would expire December 13, 2010. (Mayor Becky Ames) Sgt. Kelly Cole - Police Department Representative would be appointed to the Animal Health Advisory Committee. The term would commence February 2, 2010 and expire February 1, 2012. (Mayor Becky Ames) A) Authorize the Mayor to execute a waiver granting permission for the Jefferson County Mosquito Control District to operate aircraft at a low altitude over the City of Beaumont for mosquito control purposes - Resolution 10 - 022 B) Authorize the settlement of the lawsuit styled John Smith v. City of Beaumont, et al - Resolution 10 - 023 C) Approve the purchase of two(2)tractors for use by the Parks and Property Services Division- Resolution 10 - 024 Councilmember Samuel made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUEL AND SMITH Page 2 of 11 Minutes-February 02,2010 NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a request for a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density)District for property located east of Concord and north of the current dead-end of Sienna Trails. Administration recommended approval of a zone change from RS (Residential Single Family Dwelling)District to RM-M (Residential Multiple Family Dwelling-Medium Density) District for 16.20 acres as depicted in Attachment "C". Fittz & Shipman, Inc. has applied for a zone change. In November,2006, a master plan was submitted for the entire property. That plan called for approximately 38 acres for single family development, approximately12 acres for apartments and approximately 12 acres for patio homes and elderly housing. Now, Muse Limited, the developer and property owner, would like to rezone the 38+ acres (Tract 1)that was originally zoned RS and RM-M to 16.2 acres of RM-M and 15.73 acres of RM-H and to rezone the 3+ acres (Tract 2) from RS to RM-H. 5.17 acres of the proposed RM-H will be developed as an assisted living site for the elderly and 13.92 acres will be developed as apartments. The 16.2 acres of RM-M zoning is to be developed with townhomes. Staff has a concern that Concord, in its current form, would have a difficult time handling the additional traffic that the submitted development plan would generate. Therefore, staff recommends that only the 16.20 acres as depicted in Attachment "B" be approved for rezoning at this time. At a Joint Public Hearing held January 25,2010,the Planning Commission recommended 8:0 to approve a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District for 16.20 acres as depicted in Attachment "C". 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 RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING-MEDIUM DENSITY)FOR PROPERTY LOCATED EAST OF CONCORD AND NORTH OF THE CURRENT DEAD-END OF SIENNA TRAILS, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. Page 3 of 11 Minutes-February 02,2010 AYES: MAYOR AMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 10 - 012 2. Consider a request for a specific use permit to allow a real estate office in an RCR-H (Residential Conservation and Revitalization-Historic) District at 2580 North Street. Administration recommended denial of the specific use permit. Alan Cramer with Alan Cramer Investments, has applied for a specific use permit. Mr. Cramer states that the office will be staffed by 2-3 employees. Day to day business will consist of the signing and processing of applications and leases, collecting payments and supplying keys and work orders to maintenance crews. Hours of operation will be Monday- Friday, 8:00 a.m. - 5:00 p.m. The subject property consists of a two story residence and an existing garage. The applicant proposes to construct nine additional parking spaces at the rear of the house. As a result of a specific use permit granted in 1988 for a child care facility, the existing driveway was expanded to include a paved turn-around for two-way traffic. The most recent use of the property has been single family residential. In June, 2006, City Council denied a request for a specific use permit to allow a financial consulting office at 2570 North. That property is adjacent to the subject property's east property line. This denial was based upon the desire of residents of the Old Town neighborhood to restrict further commercial encroachment into the neighborhood. This would be the only commercial use in this particular block. The nearest commercial use is a lawyer's office at the northwest corner of North and Tenth Streets. This particular request would require that the back yard be paved over to provide additional parking to serve the proposed business. There has been a tendency for residential structures, once converted for commercial uses, to not revert back to residential uses. At a Joint Public Hearing held January 25, 2010, the Planning Commission recommended 8:0 to deny a specific use permit to allow a real estate office in an RCR-H (Residential Conservation and Revitalization-Historic) District at 2580 North Street. Councilmember Coleman made a motion to DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A REAL ESTATE OFFICE IN A AN RCR-H (RESIDENTIAL CONSERVATION AND REVITALIZATION-HISTORIC) DISTRICT LOCATED AT 2580 NORTH STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Beaulieu seconded the motion. Page 4 of 11 Minutes-February 02,2010 AYES: MAYOR AMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUEL AND SMITH NAYS: NONE MOTION DENIED 3. Consider a request for a specific use permit to allow area I estate office in a PUD (Planned Unit Development) District at 6310 Delaware. Administration recommended approval of the specific use permit with a modification to the landscaping/screening requirements along the north property line(no 8'tall screening fence and 10' wide landscape strip). Ron Cleveland, representing DCC Properties, LLC, has applied for a specific use permit. The proposal calls for the construction of an 8,869 sq. ft. single story office building and related parking for Keller Williams Realty. A 26'wide curb cut on the west side of the tract will provide access to the property. Specific use permits have been approved to allow professional offices and a bank on adjacent properties to the east. The applicant is requesting a modification to the landscaping/screening requirements along the north property line. The subject property is separated from Barrington Heights by a 120' wide DD#6 drainage ditch. The fencing requirement has been waived with the adjacent specific use permits. At a Joint Public Hearing held January 25, 2010, the Planning Commission recommended 7:0:1 to approve a specific use permit to allow a real estate office in a PUD (Planned Unit Development) District at 6310 Delaware, with a modification to the landscaping/screening requirements along the north property line(no 8'tall screening fence and 10'wide landscape strip). Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A REAL ESTATE OFFICE IN A PUD (PLANNED UNIT DEVELOPMENT)DISTRICT LOCATED AT 6310 DELAWARE IN THE CITY OF BEAUMONT,JEFFERSON COUNTY, TEXAS. Councilmember Pate seconded the motion. AYES: MAYORAMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 10 - 013 Page 5 of 11 Minutes-February 02,2010 4. Consider approving an abandonment of a portion of 8th Street between Blanchette and Milam. Administration recommended approval of the abandonment of a portion of 8th Street between Blanchette and Milam. The Beaumont Independent School District (BISD) has requested the abandonment. BISD has demolished the old Fehl Elementary School and is building a new school as part of the BISD bond program. Eighth Street, between Milam and Blanchette, is unimproved. However, overthe years, BISD has used the right-of-way for bus parking and a parking lot for Fehl Elementary School. Now that the new school is being built and wishes to utilize a portion of the right-of-way, BISD is asking that the entire length of 8th Street, between Milam and Blanchette be abandoned. This item was sent to all interested parties. AT&T has an aerial pole lead and underground conduit run in the right-of-way. AT&T objects to the abandonment unless the entire right-of- way is retained as a general utility easement. At a Public Hearing held January 25, 2010,the Planning Commission recommended approval 8:0 of an abandonment of a portion of 8th Street between Blanchette and Milam, subject to the following condition: A) A 60' wide general utility easement shall be retained. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING A 60'x 860" PORTION OF 8T"STREET BETWEEN BLANCHETTE AND MILAM STREETS, BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR AMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 10 - 014 5. Consider authorizing the City Manager to execute Industrial District Contracts with Koch Nitrogen Company, LLC, and Koch Nitrogen International Sarl. Administration recommended approval of a resolution authorizing the City Manager to execute Industrial District Contracts with Koch Nitrogen Company, LLC, and Koch Nitrogen International Sarl. Page 6 of 11 Minutes-February 02,2010 Koch Nitrogen Company, LLC, and Koch Nitrogen International Sarl, store inventory in tanks on the site of Martin Gas Sales on Gulf States Road. The City is entering into initial industrial contracts with both companies that will be effective January 1 , 2010. 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 2010 and 2011 and 75%of property taxes due to the City in 2012 through 2015. The 2010 payment by each company will be calculated based on 80% of the assessed value multiplied by the tax rate effective on October 1, 2009. Payments for 2010 will be due to the City on March 1, 2010. The estimated FY 2010 payments for Koch Nitrogen Company, LLC, and Koch Nitrogen International Sarl, are$23,208 and$53,112, respectively. These payments were not included in the FY 2010 Budget. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE INDUSTRIAL DISTRICT CONTRACTS WITH KOCH NITROGEN COMPANY, LLC, AND KOCH NITROGEN INTERNATIONAL SARL EFFECTIVE JANUARY 1, 2010 Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 10 - 025 6. Consider amending Section 26-93 (b)of the Code of Ordinances related to noncommercial parades and the costs for Police, cleanup and other services provided by the city. Administration recommended approval of amending Section 26-93 (b) of the Code of Ordinances. In the existing Ordinance related to a noncommercial parade permit, it states"Police, cleanup and other services will be paid by the city." The Administration recommends changing the sentence to "Police, cleanup, and other services may be paid by the city." This change will allow the Administration the flexibility to deny various requests for Police and cleanup services when staffing and financial resources are not available to meet the needs of a particular request. Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 26,ARTICLE IV,PARADES,SECTION 26-93(b)OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR AMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUEL AND SMITH Page 7 of 11 Minutes-February 02,2010 NAYS: NONE MOTION PASSED Ordinance 10 - 015 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. WORKSESSION Review and discuss a Police Department Advisory Committee Frank Coffin, City of Beaumont Police Chief, discussed the possibility of a Police Department Advisory Committee or Citizens Review Board. The first thing that Chief Coffin discussed was information on a Citizens Review Board, followed by discussion of an Advisory Committee. In the late 1950's and early 1960's,the citizens of Beaumont had an election where they adopted the Civil Service rules for the city. This Civil Service rule is located in Chapter 143 of the Local Government Code. Civil service is basically designed to take the politics out of hiring, promotions, and out of discipline within the police and fire departments. Civil service controls just about everything that is done within both departments, it dictates how to hire and fire, what minimum requirements are, promotions and what needs to be done throughout the promotion. It prevents the city from having a good old boy/girl system, it also addresses discipline, it addresses how it is to be handled and who is to do the discipline and how. Civil Service statute states that it will prevail unless a city has a collective bargaining agreement in the organization, in which the city has. There are three cities that have civilian review boards at this time, one is the City of San Antonio, Texas, the City of Austin, Texas and the City of Galveston, Texas. Chief Coffin discussed each of the cities and what type of board and guidelines they each have, there are some similarities but each city is different. Chief Coffin also discussed information being released to the advisory committee and whether or not a group of citizens can become aware of allegations of misconduct. 'The civil service statue was cited regarding the information being released and whether or not the advisory committee could be given certain information without violating the statue. The Council gave direction to the City Attorney to prepare an ordinance in the form of a draft as to the qualifications and requirements of the committee, as well as making an Attorney General Opinion, this would only be an opinion and nothing that would be binding in court. COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN- WELCOMED HIS FRIEND,KELLY BADEN OF WESLEY UNITED METHODIST CHURCH, WHO IS ON ASSIGNMENT FOR LEADERSHIP BEAUMONT COUNCILMEMBER BEAULIEU - PLEASED WITH THE YEAR-END AUDIT, THANKED CHIEF COFFIN FOR THE INFORMATIONAL WORKSESSION Page 8 of 11 Minutes-February 02,2010 MAYOR PRO TEM WRIGHT - ABSENT COUNCILMEMBER PATE - COMPLIMENTED CFO, LAURA CLARK AND HER STAFF ON THE WONDERFUL JOB THEN' DO, ALSO COMPLIMENTED BAPTIST HOSPITAL ON THE GREAT JOB THEY DID FOR RAISING MONEY FOR THE DAUPHIN CENTER COUNCILMEMBER SAMUEL - WELCOMED KELLY BADEN TO THE COUNCIL MEETING, THANKED CFO, LAURA CLARK AND HER STAFF, THANKED CHIEF COFFIN FOR THE WORKSESSION,ALSO THANKED THE ALPHA PHI ALPHA FRATERNITY OF LAMAR UNIVERSITY FOR INVITING HIM TO BE A PAGEANT JUDGE COUNCILMEMBER SMITH - STATED THAT THE ADVISORY COMMITTEE IS A STEP IN THE RIGHT DIRECTION, COMMENTED THAT MAYOR PRO TEM WRIGHT IS FEELING BETTER AND WORKING FROM HER BEDSIDE, SPOKE TO AN ORGANIZATION AT CENTRAL HIGH SCHOOL CALLED PLATINUM GENTS,INVITED THEM TO COME TO A COUNCIL MEETING FOR A CLASS PROJECT, HAD A GREAT TIME SPEAKING TO PIETZSCH-MACARTHUR ELEMENTARY FOURTH AND FIFTH GRADERS, ANNOUNCED THAT THE "100 MEN" WILL SPONSOR A BLOOD DRIVE AT CENTRAL MALL ON SATURDAY, FEBRUARY 6, 2010, THE AIDS NETWORK WILL BE SPONSORING A WALK-A-THON AT THE L. L. MELTON YMCA ON FRIDAY, FEBRUARY 19,2010 AT 9:00 A.M., THE NAACP WILL BE HOSTING A FREEDOM FUND BANQUET,TICKETS ARE$25.00 AND ON SALE AT THE NAACP BUILDING CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES- COMMENTED ON A SURVEY ON RECYCLING THAT WILL BE IN CITIZENS WATER BILLS, ENCOURAGED EVERYONE TO FILL OUT THE SURVEY, IF YOU DO OR DO NOT WANT RECYCLING THE CITY WOULD LIKE TO KNOW EVERYONE'S FEELING ON RECYCLING IN THE CITY Public Comments (Persons are limited to three minutes) Freddie Coleman 635 Park Beaumont TX Spoke in regards to the parking meters being removed to repair the sidewalks where his business is located, asked when the parking meters would be reinstalled due to his customers not having anywhere to park Page 9 of 11 Minutes-February 02 2010 Bruce Offer 2535 North St. Beaumont TX Commented on Groundhog Day, reminded everyone that it is election time countywide and encouraged everyone to exercise their right to vote,early voting starts February 16, 2010, also mentioned recycling, stated he would be attending the winter statewide soccer meeting next weekend and will bring more information after the meeting, announced spring registration has started here in Beaumont and teams will be formed this month, practice will start March 1 , 2010 Dorothy Evans 2825 Arthur Lane Beaumont TX Extended an invitation to Council to attend the AARP meeting on Friday, February 12, 2010, at Atria Collier Park where they will be having installation of officers,there will be a fund raiser celebrating Mardi Gras at the Beaumont Civic Center for the Best Years Center, commented on the health insurance problem that is still being faced in Washington, spoke in regards to the tax aide that will be available at the L. L. Melton YMCA, the start date will be February 16, 2010 Jason Planchet 700 Orleans Beaumont TX Commented on the citizen advisory committee, spoke regarding the release of confidential information Vernon Duren 2110 Westboro Rd. Beaumont TX Commended Councilmembers Jamie Smith and Audwin Samuel on all that they do,thanked Chief Coffin on the investigation of the advisory committee,wished that he would have done more investigation on a review committee Open session of meeting recessed at 3:04 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: City of Beaumont v. Greg Abbott, Attorney General of Texas, et al Clifford Teasle v. City of Beaumont State of Texas v. James Edward Mathews, Jr. City of Beaumont v. James Mathews There being no action taken in Executive Session, Council adjourned. Page 10 of 11 Minutes-February 02,2010 Audio available upon request in the City Clerk's Office. Becky Am s Mayor 1r�gEAj���1,+ � 1 1 Tina Broussard, City Clerk X11 i� Page 11 of 11 Minutes-February 02,2010