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Home My WebLink AboutMIN APR 24 2012 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr.,At-Large BECKY AMES, MAYOR Geltx+NWrlgKAWAW Dr.Alan B.Coleman,Ward I CITY COUNCIL MEETING Michael D.Getz,Ward 11 Audwin Samuel,Wand III April 24,2012 Jamie smith,Mayor Pro Tom 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 24, 2012, 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 6/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Robert Besser of Wesley United Methodist Church gave the invocation. Mayor Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Councilmembers Coleman, Getz, Wright, Pate and Samuel. Absent: Mayor Pro Tern Smith and City Attorney, Tyrone Cooper. Also present were Kyle Hayes, City Manager; Quentin Price, 1 st Assistant City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "100th Anniversary of Wesley United Methodist Church"-Proclamation read by Councilmember Coleman; accepted by Pastor Robert Besser "Cinco De Mayo" - May 5, 2012 - Proclamation read by Councilmember Samuel; accepted by Robert and Ella Flores "National Crime Victims' Rights Week"-April 22—28, 2012-Proclamation read by Councilmember Pate; accepted by Misty Carver, Cindy Fertitta, Debbie Beavers and Carol Riley "Fair Housing Month"-April, 2012—Proclamation read by Councilmember Getz; accepted by Chris Boone, Director of Community Development Minutes—April 24,2012 "Municipal Clerks Week" - April 29 — May 5, 2012 — Proclamation ready by Councilmember Wright; accepted by Tina Broussard, City Clerk, City of Beaumont Recognition—Mayor announced that the Beaumont Animal Services is an official contestant in the ASPCA/Rachel Ray$100K Shelter Challenge which will be August 1 -October 31, 2012. Matthew Fortenberry, Beaumont Police Department, Animal Services Supervisors and others spoke in regards to the contest Mayor Ames read the announcement regarding.Executive Session being held at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on scheduled agenda item 6/Consent Agenda. None CONSENT AGENDA Approval of minutes -April 17, 2012 Confirmation of committee appointments - None A) Approve a contract for the purchase of large diameter pipe and appurtenances for use in the Water Utilities Department— Resolution 12 -085 B) Authorize the granting of a Utility Crossing Agreement to cross city utility easements outside the corporate limits of Beaumont for use in the Water Utilities Department— Resolution 12 - 086 C) Approve a Pipeline License Agreement within City of Beaumont limits for use in the Water Utilities Department— Resolution 12 - 087 D) Authorize the settlement of the claim of Wellhimina Owusu—Resolution 12 -088 E) Approve an application for, and acceptance of, new funding for the Southeast Texas Auto Theft Task Force — Resolution 12 - 089 Councilmember Samuel made a motion to approve the Consent Agenda. Councilmember Wright seconded the motion. AYES: MAYOR AMES, COUNCILMEM13ERS COLEMAN, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Minutes—April 24,2012 GENERAL BUSINESS Councilmember Wright left the meeting at 2:04 p.m. 1. Consider an ordinance approving a zone change from RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District for the property at Delaware and N. 10th Street. Dr. Hervy Hiner Jr. has applied for a zone change. The subject property is located approximately 300'west of the southwest comer of the intersection of Delaware and N. 10th Street. Dr. Hiner would like to develop his six acres as a medical office since it is not very far from St. Elizabeth Hospital. He states that the property is unlikely to be developed as residential. A nursing home is located across 10th Street from the subject property and is zoned RM-H. Any type of medical office in a RM-H District would require a specific use permit prior to development. At a Joint Public Hearing held April 16, 2012, the Planning Commission recommended denial 8:0 of the zone change. Denial of ordinance. Councilmember Coleman made a motion to DENY AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPETER 28 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 RD (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT DELAWARE AND NORTH 10TH STREET,BEAUMONT,JEFFERSON COUNTY,TEXAS PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Pate seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, PATE AND SAMUEL NAYS: NONE MOTION DENIED 2. Consider an ordinance approving a specific use permit to allow a drinking place in a CBD (Central Business District) at 268 Pearl Street. Bryant Mitchell, representing Blaq Star I, LLC, has applied for a specific use permit. Minutes—April 24,2012 Mr. Mitchell states that business will be a bar/lounge. Its business hours will be from 4 p.m. to 2 a.m., Wednesday through Saturday. The facility will host live musical and non-musical performances as provided by outside production companies and promoters. This type of entertainment will be provided approximately two times a week. All live performances will begin around 7 p.m. A smoking area will be provided in a fenced patio at the rear of the property. While there are no parking requirements for businesses zoned CBD, staff has concern over what effect this type of business would have on the parking needs of surrounding businesses. A bar with live entertainment could draw large crowds that could not be accommodated by street parking only. Overflow parking could be a detriment to surrounding businesses. In addition, the noise levels typically generated by a bar that provides live entertainment could be concern for other nearby businesses and churches. In July, 2008, a similar request was for 268 Pearl St. was denied by both the Planning Commission and City Council. At a Joint Public Hearing held April 16, 2012, the Planning Commission recommended denial 8:0 of the specific use permit. Denial of ordinance. Councilmember Pate made a motion to DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE IN A COD (CENTRAL BUSINESS DISTRICT) DISTRICT AT 268 PEARL STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, PATE AND SAMUEL NAYS: NONE MOTION DENIED 3. Consider an ordinance amending a specific use permit to allow the expansion of a church in an RM-H (Residential Multiple Family Dwelling-Highest Density)District for the property at 3175 S. Major Drive. Douglas Bicknell, representing Hickman Consulting Engineers, Inc., has made the request. The Seventh-Day Adventist Church plans to construct an 8,647 sq. ft. multi-purpose building that would connect with the existing church sanctuary. The addition will primarily be used as a gymnasium or a support building for church sponsored activities. An additional driveway will also be added on the south side of the lot to provide better access for both church members and fire trucks. Minutes—April 24,2012 At a Joint Public Hearing held April 16, 2012, the Planning Commission recommended approval 8:0 of the amended specific use permit subject to the following conditions: 1. Property shall be graded to drain towards the street and shall not drain onto adjacent properties. 2. TxDOT must approve construction plan for new driveway prior to the church beginning construction. Approval of ordinance subject to the following conditions: 1. Property shall be graded to drain towards the street and shall not drain onto adjacent properties. 2. TxDOT must approve construction plan for new driveway prior to the church beginning construction. Councilmember Getz made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF A CHURCH IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT AT 3175 S MAJOR DRIVE IN THE CITY OF BEAUMONT,JEFFERSON COUNTY, TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 12 - 019 Councilmember Wright returned to the meeting at 2:08 p.m. 4. Consider an ordinance amending the Zoning Ordinance, Section 28.04.003 (c) (2), Sign Regulations in an NC (Neighborhood Commercial) District. A recent sign variance brought to staff s attention an issue with the maximum area of attached owner identification wall signs allowed in a NC (Neighborhood Commercial) District. This particular instance involved a store relocating to a new rental space in a large strip center that it zoned NC. The Zoning Ordinance states that an attached owner identification wall sign shall not exceed forty (40) sq. ft. in area. A variance to the maximum area from forty (40) sq. ft. to 68.78 sq. ft. was granted by the Zoning Board of Adjustment in January, 2012. The reasoning behind the Minutes—April 24,2012 variance was to provide a sign that was large enough on a store front of 74 ft. to be seen by both the traveling public and customers within the strip center. Therefore, City staff recommends the following amendment to the Zoning Ordinance: Sec. 28.04.003(c)(2) One(1)attached owner identification wall sign,and plus one(1)additional attached sign for each thoroughfare more than one (1) that abuts the property shall be permitted in the NC, Neighborhood Commercial District, and OP, Office Park District, subject to the following restrictions: (A) The sign shall be attached flat against the wall of the building; (B) The sign shall not exceed the height of the wall of the building to which it is attached; (C) ; the allowable sign area may be equal to one (1) square foot for each one (1) lineal foot of store frontage with the sign area not to exceed seventy(70) square feet. At a Joint Public Hearing held April 16, 2012, the Planning Commission recommended approval 7:0 of the amendment to the Zoning Ordinance, Sec. 28.04.003(c) (2), Sign Regulations in an NC(Neighborhood Commercial) District as follows: Sec. 28.04.003(c)(2) One(1)attached owner identification wall sign,and plus one(1)additional attached sign for each thoroughfare more than one (1) that abuts the property shall be permitted in the NC, Neighborhood Commercial District, and OP, Office Park District; subject to the following restrictions: (D) The sign shall be attached flat against the wall of the building; (E) The sign shall not exceed the height of the wall of the building to which it is attached; (F) ; the allowable sign area may be equal to one (1) square foot for each one (1) lineal foot of store frontage with the sign area not to exceed seventy(70) square feet. Approval of ordinance. Minutes—April 24,2012 Councilmember Wright made a motion to ADOPT AN ORDINANCE AMENDING CHAPTER 28,ARTICLE 28.04,SUBSECTION 28.04.003(C)(2)OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT;PROVIDING FOR REPEAL;PROVIDING FOR A PENALTY.Councilmember Samuel seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 12 - 020 5. Consider an ordinance amending the Zoning Ordinance, Section 28.03.024 (c), District Area and Height Regulations, Area and Height Exceptions, to clarify side and rear setbacks for residential districts. City staff has been working with the building community on how to define side and rear yards on residential lots. The Zoning Ordinance currently states that a 25'rear yard setback is required in a residential district. However, the 25' rear yard setback may be reduced to a minimum of 15' provided that no accessory buildings of any type shall be located in the reduced rear yard. In addition, the Zoning Ordinance states that when a 25' rear setback is adhered to, a one story, unattached accessory buildings or structures less than 20'in height my be located to within 2 1/2 from an interior side yard or rear yard property line provided they are located in the rear yard or as close to the rear yard as existing utility easements will permit. The recommended amendments to Sec. 28.03.024(c)17 is as follows: In an RS District, the twenty-five (25) foot rear yard setback may be deduced to a minimum of fifteen (15) feet provided no accessory buildings of any type shall be permitted to be located in the deduced near yard, unless: 1. the width of the near of the main structure that is closer than twenty-five(25) feet to the rear property line (or lines in the case of a rive (5) sided lot which has two(2)rear lot lines)is less than fifty(50)percent of the width of the rear property line(s); and 2. the accessory building is not located in the space behind the portion of the structure that is less than twenty-five (25) feet from the rear property line. An accessory building can be located as close as two and one-half(2 %) feet from the rear or interior side lot lines, or as near as existing utility easements allow, if these two (2) conditions are present. Minutes—April 24,2012 At a Joint Public Hearing held April 16, 2012, the Planning Commission recommended approval 8:0 of the amendment to the Zoning Ordinance, Sec. 28.03.024(c)17 as follows: In an RS District, the twenty-five (25) foot rear yard setback may be reduced to a minimum of fifteen (15) feet provided no accessory buildings of any type shall be permitted to be located in the reduced rear yard, unless: 1. the width of the rear of the main structure that is closer than twenty-five(25)feet to the rear property line (or lines in the case of a five(5) sided lot which has two (2) rear lot lines) is less than fifty (50) percent of the width of the rear property line(s); and 2. the accessory building is not located in the space behind the portion of the structure that is less than twenty-five (25) feet from the rear property line. An accessory building can be located as close as two and one-half(2%) feet from the rear or interior side lot lines, or as near as existing utility easements allow, if these two (2) conditions are present. Approval of ordinance. Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28, ARTICLE 28.03, SUBSECTION 28.03.024 (C) (17) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL; AND PROVIDING A PENATLY. Councilmember Pate seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 12 — 021 6. Consider a resolution terminating the current contract for mowing City-owned and abandoned properties and awarding a new contract. City-owned properties, for the purpose of this contract, are mostly unimproved street rights- of-ways or properties in the name of Jefferson County. Abandoned property is defined as property that has no mailing address and/or no name listed on the tax roll. The contract for mowing City-owned and abandoned property was originally awarded by Council on August 16, 2011 to Lene' Nursery of Beaumont. This contractor has provided excellent service for the City. All work meets specifications. On April 11, 2012, the City received a thirty(30)day notice of termination of contract from Lene' Nursery. The reason the contractor provided for termination was the company is in the process of financial restructuring and they could not continue to provide the services to the City. Minutes—April 24,2012 South East Texas Lawn and Maintenance is the next lowest bidder. On October 18,2011, with Resolution Number 11-304, Council terminated a contract with South East Texas Lawn and Maintenance for mowing privately owned,developed and vacant properties. The reason for termination was due to not meeting specifications. Perfect Cut Lawn Care is the next lowest, responsible bidder from the original bid. They are willing to contract with the City under the current specifications and pricing. The estimated annual cost of this contract is $50,116. General Fund. Approval of resolution. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE 13 HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH PERFECT CUT LAWN CARE,OF BEAUMONT,TEXAS. Councilmember Wright seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 12 —090 PUBLIC HEARING * Dangerous Structures Public Hearing Open: 2:14 p.m. Public comments were made by the following people who personally appeared and requested additional time to make repairs to their property. John Harris Jr. 2825 Amarillo Beaumont TX Item #2 2825 Amarillo Joseph L. Carrier 3320 Blackmon Ln Beaumont TX Item #16 1320 Fulton (& Shed) Mary Ann Williams P.O. Box 23019 Beaumont TX Item #18 610 E. Gill Minutes—April 24,2012 Clifford Rhea Buck 11430 Hillcrest Beaumont TX Item #26 11430 Hillcrest Anita Standberry 470 Jackson Beaumont TX Item #30 470 Jackson Laura Granja 1785 North St. Beaumont TX Item #36 1785 North Aaron Conley 3075 Park Beaumont TX Item #38 3075 Park Jose C. Torres 2655 Washington Beaumont TX Item #52 2655 Washington Derrick Dawson 1040 Evalon St. Beaumont TX Item #14 1040 Evalon St. Cynthia Roberts 2575 San Jacinto Beaumont TX Item #45 2575 San Jacinto Public Hearing Closed: 2:35 p.m. 7. Consider an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program. These structures have been inspected by the Building Codes Division and found to be unsafe structures as defined by the City of Beaumont's Code of Ordinances, Chapter 24, Article 24.04 Unsafe Substandard Structures, Division 1, Sec. 14.04.001 of the 2009 International Property Maintenance Code.Additionally,these structures have deteriorated to a condition that they are no longer considered suitable for repair. City may incur the cost of demolition. Sources may include General funds and Community Development Block Grant (CDBG) funding. Administration recommends City Council condemn these fifty-two(52)structures and order the owner to raze within ten (10) days. Additionally, If the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. Minutes—April 24,2012 COuncilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AS WELL AS TO ALLOW PROPERTY OWNERS OF ITEMS#16, 18,26,36,38,62, 14 AND 45,TO ENTER INTO A 150 DAY WORK PROGRAM ON THE DANGEROUS STRUCTURES LIST,ITEM#30 WAS PULLED, PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENATLY. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 12 - 022 COUNCILMEMBER COMMENTS MAYOR PRO TEM SMITH- ABSENT COUNCILMEMBER SAMUEL- ANOTHER GREAT DAY IN BEAUMONT COUNCILMEMBER PATE- STATED THAT ONE OF THE GREAT THINGS ABOUT BEAUMONT IS THAT THERE IS NO SHORTAGE OF THINGS TO DO OVER THE WEEKEND, THERE WAS THE NECHES RIVER FESTIVAL PARADE, MARCH OF DIMES WALK, WOODEN RACQUET CLASSIC,THE HARRY CONNICK SHOW,AND THE HOLOCAUST MEMORIAL AT TEMPLE EMANUEL,ENCOURAGED EVERYONE TO BE A PART OF A NEIGHBORHOOD ASSOCIATION TO FIND OUT WHAT CAN BE DONE TO MAKE BEAUMONT BETTER,IT IS ANOTHER GREAT DAY IN PARADISE, WE JUST CALL IT BEAUMONT COUNCILMEMBER WRIGHT- COMMENTED ON HER WORK SATURDAY AT SOME OTHER PLACE WITH THE IEA KIDS, ATTENDED THE HOLOCAUST MEMORIAL AT TEMPLE EMANUEL,STATED HOW BEAUTIFUL THE CEREMONY WAS, ATTENDED THE HOWARD TRAHAN TRANSPORTATION CENTER DEDICATION FOR BISD COUNCILMEMBER GETZ- NONE COUNCILMEMBER COLEMAN- CONGRATULATED EDGAR,KIKER AND CROSS,CPA FIRM ON 60 YEARS OF SERVICE,ENCOURAGED EVERYONE TO ATTEND, THE ARC'S CELEBRITY STYLE SHOW ON FRIDAY NIGHT APRIL 27,2012,FLETCHER PARK ON MAY 5,2012 FOR CINCO DE MAYO, CONGRATULATED WESLEY UNITED METHODIST CHURCH ON THEIR 1 GOT"YEAR ANNIVERSARY CITY ATTORNEY COOPER- ABSENT Minutes—April 24,2012 ASSISTANT CITY ATTORNEY PRICE-NONE CITY MANAGER HAYES - NONE MAYOR AMES- STATED THAT MAY 5, 2012, HAD A LOT OF THINGS GOING ON, THE MEDITERRANEAN FESTIVAL, CATTLE BARRON'S BALL,AND CINCO DE MAYO,JUST TO NAME A FEW Public Comments (Persons are limited to three minutes) None Open session of meeting recessed at 2:42 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. Crystal Engle There being no action taken in Executive Session, Council adjourned. A io available u n request in the City Clerk's Office. f ec Am ayor i A4 �4 0'�fC4- W Tina Broussard, City Clerk Minutes—April 24,2012