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HomeMy WebLinkAboutMIN AUG 28 2012 M I N U T E S - CITY OF BEAUMONT W.L. Pate, Jr.,At-Large BECKY AMES, MAYOR Gethrel Wright,At-Large Dr.Alan B.Coleman,Mayor Pro Tern CITY COUNCIL MEETING Michael D.Getz,Ward II Audwin Samuel,Ward III August 28,2012 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 August 28,2012, 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 6-12/Consent Agenda * Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Carl Tyler Jr., of New Hope Church of God in Christ 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, Mayor Pro Tern Coleman, Councilmembers, Getz, Wright, Pate, Samuel and Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "Ovarian Cancer Awareness Month" - September, 2012 - Proclamation read by Mayor Ames; accepted by Norma Sampson and others with the Gift of Life Program Mayor Ames asked that Tim Ocnaschek, Emergency Management Coordinator give an update on the status of Hurricane Isaac. Public Comment: Persons may speak on scheduled agenda items 6-12/Consent Agenda. Claude Guidroz 3365 Briar Ct. Beaumont, TX Spoke in regards to the proposed 2013 Capital Program, the Tennis Center and what the South East Texas Tennis Center has done for the City of Beaumont CONSENT AGENDA * Approval of minutes - August 21, 2012 * Confirmation of committee appointments - Resolution 12 - 183 Minutes—August 28,2012 Sherry Ulmer, Beaumont Public Health Director, would fill the unexpired term of Ingrid Holmes on the Animal Health Advisory Committee. The term would commence August 28, 2012 and expire November 15, 2012. (Mayor Becky Ames) Resolution 12 - 182 Jason Plunkett would be appointed as the Police Department Representative on the Animal Health Advisory Committee. The term would commence August 28, 2012 and expire August 27, 2014. (Mayor Becky Ames) Cindy Meyers would be appointed as the Humane Society Representative on the Animal Health Advisory Committee. The term would commence August 28, 2012 and expire August 27, 2014. (Mayor Becky Ames) Walter Kyles would be reappointed to the Planning and Zoning Commission. The current term would expire June 3, 2015. (Councilmember Jamie D. Smith) A) Approve a resolution authorizing a payment to Jefferson County for the renewal of an annual maintenance agreement for the radio system used by EMS, Fire, Police and numerous other departments— Resolution 12 - 184 B) Approve a resolution authorizing the City Manager to accept grant funding to be used to enhance the Beaumont Public Library System's a-book collection — Resolution 12 - 185 C) Approve a resolution recertifying the Small Business Revolving Loan Fund Plan — Resolution 12 - 186 D) Approve a resolution approving the write-off of uncollectible water accounts—Resolution 12 - 187 E) Approve a resolution adopting the South East Texas Regional Mitigation Action Plan — Resolution 12 - 188 F) Approve a resolution approving Change Order No. 1 to the contract with N & T Construction, Inc. related to the construction of a new Communications Building — Resolution 12 - 189 Councilmember Pate made a motion to approve the Consent Agenda. Mayor Pro Tern Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Minutes—August 28,2012 GENERAL BUSINESS 1. Consider an ordinance approving a zone change from LI (Light Industrial) District to RS (Residential Single Family Dwelling)District for property located on the north side of Baker Road. Brian Allen, the property owner, has applied for a zone change from LI District to RS District for property located on the north side of Baker Road, approximately 565'east of the intersection of Baker Road and Wescalder Road. Mr. Allen states that the reason for the zone change request is that the area around Baker Road is becoming more residential in nature and the LI zoning is no longer appropriate. In April, 2010, 0.74 acres of land to the west and southwest of the subject property was rezoned from LI to RS. A house has been built on a portion of that property. At a Joint Public Hearing held August 20, 2012, the Planning Commission recommended approval 8:0 of the zone change. Approval of the Ordinance. Councilmember Wright moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 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 LI (LIGHT INDUSTRIAL) DISTRICT TO RS(RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED ON THE NORTH SIDE OF BAKER ROAD,APPROXIMATELY 565' EAST OF THE INTERSECTION OF BAKER ROAD AND WESCALDER ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENATLY. Mayor Pro Tern Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 12 - 056 2. Consider an ordinance approving a specific use permit to allow antique furniture restoration in an RCR-H(Residential Conservation and Revitalization-H) District at 1801 North Street. Rodney Cooley has applied for a specific use permit. Mr. Cooley states that he owns an antique shop at 2464 Calder. He would like to use the property at 1801 North for rehabilitating, painting and working on the furniture that he sells in the antique store. There is an existing commercial building on the subject property. In June, 2004, City Council approved a specific use permit to allow someone else to operate a re-upholstery and furniture repair shop at this address. That business has since closed. Minutes—August 28,2012 Mr. Cooley is requesting a modification to the landscaping/screening requirements along the north and west sides of the property. In 2004, a 6' tall wood screening fence stood along the west property line and a 4' tall wood screening fence stood along the north property line. At that time, City Council approved modifications to the landscaping/screening requirements. A recent inspection of the property showed that part of the 6' tall wood screening fence along the west property line is gone. In addition, a portion of the 4' tall wood screening fence along the north property line is missing. At a Joint Public Hearing held August 20, 2012, the Planning Commission recommended approval 8:0 of the specific use permit subject to the following condition: 1. Replace the 6' tall wood screening fence missing along the west property line and install a 4' tall wood screening fence or a 6'wide landscape bed along the west 26' of the north property line and with a modification of the landscaping requirement along the west property line (no 10' wide landscape strip). Approval of the ordinance subject to the following condition: 1. Replace the 6' tall wood screening fence missing along the west property line and install a 4'tall wood screening fence or a 6'wide landscape bed along the west 26' of the north property line and with a modification of the landscaping requirement along the west property line (no 10' wide landscape strip). Mayor Pro Tern Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW ANTIQUE FURNITURE RESTORATION IN A RCR-H (RESIDENTIAL CONSERVATION AND REVITALIZATION-H)DISTRICT AT 1801 NORTH STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS WITH THE RECOMMENDED CONDITION. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 12 — 057 3. Consider an ordinance approving a specific use permit to allow a child day care in an RS (Residential Single Family Dwelling) District at 1450 W. Lucas. Shukia Brown, the property owner, has applied for a specific use permit. Back in 2010, home-based day cares became an issue,when it was determined that many were operating with more than five children, with a State permit, but not meeting Fire, Building and Health codes. At that time, local codes were amended to relax the Minutes—August 28,2012 requirements, provided that any new home-based day facility, caring for more than five children would be required to obtain a specific use permit. This specific use permit would allow for Planning Commission and City Council review, as well as notification of neighbors. Shukia Brown, the property owner, has applied for a specific use permit to allow a child day care in an RS(Residential Single Family Dwelling) District. The property is located at 1450 W. Lucas Dr. Approximately two months ago, Ms. Brown asked staff if she would be allowed to operate a child day care at her home at 1450 W. Lucas Dr. She was told that to meet the Zoning Ordinance's definition of a home occupation, she must limit the number of children for which she receives compensation to no more than five. Not until later did staff realize that Ms. Brown was registered by the State of Texas. The Zoning Ordinance requires that when a child day care facility is registered or licensed by the State, a specific use permit is required. At that time, Ms. Brown was informed that a specific use permit would be required to continue operating. The Zoning Ordinance's definition of a home occupation includes the keeping of up to five (5)children under the age of sixteen (16)apart from their parents,guardians or custodians for regular periods of time for compensation, provided that the total number of children under the age of sixteen (16)years on the premises at any one time, including those kept without compensation and those who reside on the premises, shall not exceed eight(8). If a child care facility meets that definition and is not registered or licensed by the State of Texas, it is allowed by right as a home occupation in an RS (Single Family Dwelling) District. At a Joint Public Hearing held August 20, 2012, the Planning Commission recommended approval 5:3 of the specific use permit subject to the following conditions: 1. The number of children kept for compensation shall not exceed five children under the age of sixteen at any one time. 1. If the specific use permit is approved, Ms. Brown must apply for a certificate of occupancy. Prior to the issuance of the certificate of occupancy, Ms. Brown must comply with all of the required codes of the City of Beaumont; 2. An 8'tall wood screening fence shall be installed along the east and south sides of the play yard (where the chain link fence now exists); and with a modification to the landscaping/screening requirements along the north, east and south property lines(8'tall wood screening fence along the north, east and south sides of the play yard and no 10' wide landscape strip along the north and south sides of the property). Approval of the ordinance subject to the following conditions: 1. The number of children kept for compensation shall not exceed five children under the age of sixteen at any one time. Minutes—August 28,2012 2. If the specific use permit is approved, Ms. Brown must apply for a certificate of occupancy. Prior to the issuance of the certificate of occupancy, Ms. Brown must comply with all of the required codes of the City of Beaumont; 3. An 8'tall wood screening fence shall be installed along the east and south sides of the play yard (where the chain link fence now exists); and with a modification to the landscaping/screening requirements along the north, east and south property lines (8' tall wood screening fence along the north, east and south sides of the play yard and no 10' wide landscape strip along the north and south sides of the property). Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHILD DAY CARE IN A RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT 1450 W. LUCAS DRIVE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,TEXAS WITH THE RECOMMENDED CONDITIONS. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS WRIGHT, PATE, SAMUEL AND SMITH NAYS: COUNCILMEMBER GETZ MOTION PASSED Ordinance 12 - 058 4. Consider an ordinance amending the Zoning Ordinance, specifically Section 28.02.004, Section 28.03.024 (c) and Section 28.04.006 (1) related to certificates of occupancy, distance from any property for any solid surface and the screening of back flow devices. The City of Beaumont Planning Division has recommended amendments to the Zoning Ordinance. The recommended amendments are as follows: ARTICLE 28.02 ADMINISTRATION Sec. 28.02.004 Certificate of occupancy and compliance No existing building, structure or lot shall be changed in use; and no building, structure, lot or newly erected, enlarged or structurally altered part of a building or structure shall be occupied or used for its intended purpose unless a certificate of occupancy and compliance shall first have been issued by the building official of the city certifying that the use, building, structure, lot or newly erected, enlarged or structurally altered part of a building or structure complies with the building code, fire code, zoning code, subdivision code and other applicable codes of the city. Minutes—August 28,2012 Before an irrigation water meter can be installed at vacant lots that are to be used for agricultural purposes or for the keeping of livestock, a water meter permit must first be obtained. A backflow prevention device must meet the requirements of the Texas Commission on Environmental Quality. ARTICLE 28.03 DISTRICT REGULATIONS Sec. 28.03.024(c) Area and height exceptions. 1. In residential districts one story, unattached accessory buildings or structures less than twenty(20)feet in height may be located to within two and one-half(21/2)feet 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; provided, however, that an accessory building or structure cannot cover more than sixty (60) percent of a rear yard. 2. In an industrial district, no structural setback shall be required from a railroad right- of-way not less than fifty (50) feet in width. 3. A building or structure in any zoning district may exceed the district maximum height regulations with a specific use permit provided that there shall be an additional one (1)foot of required yard for each two (2)feet of additional height. In NC, NSC, GC- MD, GC-MD-2, C-M, LI and HI Districts the minimum interior side yard which abuts any property located in an A-R, RS, RM-M, RCR or RCR-H District shall be increased by one (1) foot for each two (2) feet in height for that portion of any structure or building in excess of forty-five (45)feet in height. 4. Interior side yards shall not be required for abutting properties in the same zoning district if both properties are developed as a unit under a common development plan. 5. Nonconforming lots of record existing at the time of adoption of this chapter and lots or parcels created as a result of condemnation or involuntary sale by the owner to a government entity with the power of eminent domain, shall be exempt, unless otherwise indicated, from the minimum lot area, depth, and width requirements provided they are developed in accordance with all minimum yard requirements. Multifamily uses shall not be exempt from the minimum lot area requirements. 6. When individual attached townhouses or condominiums are to be sold separately, there shall be not minimum lot area requirement; provided that the total land area of the project, including the land on which the units are located and the land held in common ownership by the unity owners, is equal to the total minimum land area required per dwelling unit or lot in the district in which the project is located. 7. The height regulations of this chapter shall not apply to belfries, chimneys, church spires, conveyors, cooling towers, elevator bulkheads, fire towers, storage towers, flagpoles, monuments, ornamental towers or spires, cranes, construction equipment, smoke stacks, stage towers and scenery lofts,tanks,water towers, ham radio and television antennas, and microwave relay, radio and television transmission towers. Minutes—August 28,2012 8. Minimum front yard setbacks for lots with predominant frontage on the curved radius of a cul-de-sac shall be fifteen (15)feet. 9. Buildings or structures for existing developments in industrial districts shall be exempt from the minimum yard requirements where the expansion, enlargement or separate addition thereof is limited to land already owned by those businesses or committed to them under long-term leases(or extensions thereof)at the time of the enactment of this chapter unless it abuts a residential zoning district. 10. Permitted residential uses in the CBD, Central Business District shall not be subject to the restrictions of a more restricted residential district. 11. The zero-lot-line concept which involves locating a residential dwelling with a doorless and windowless wall actually on one interior side yard lot line adjacent to a dwelling with a side yard that is the width of two (2) minimum side yards for the district in which located, shall be permitted when the appropriate building lines, necessary structural restrictions, five-foot maintenance access easement, and a maximum three-foot roof overhang easement are shown on a recorded plat which has been approved by the planning commission. 12. Existing industrial uses in industrial zoning districts may, in addition to or instead of any other remedies in this chapter, apply for a specific use permit in order to be exempt from the minimum yard requirements for the expansion, enlargement or separate addition of buildings or structures on adjacent land in the same zoning district acquired by purchase or lease after the adoption of this chapter. 13. Where an existing residential structure does not contain a garage or carport and where there is not adequate area for an accessible parking space behind the front yard area, a carport having no side walls may be constructed in the front yard area. 14. Minimum rear yards for lots of record existing at the time of the adoption of this chapter in multiple-family dwelling districts and commercial districts shall be reduced to a minimum of ten (10) percent of the depth of the lot, but not less than a minimum of ten (10) feet. 15. Minimum rear yards in all commercial districts except for C-M shall be reduced to ten (10)feet when the rear yard abuts a commercial district. 16. Exterior side yards when backing up to an abutting side yard in NC, GC-MD and GC-MD-2 Districts shall be reduced to ten (10) feet. 17. In an RS District, the twenty-five-foot rear yard building 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. 18. All paved hard surfaces, including but not limited to sidewalks, driveways, pool decks and patios shall be a minimum of two (2)feet from any side or rear property line. Minutes—August 28,2012 ARTICLE 28.04 SUPPLEMENTAL PROVISIONS Sec. 28.04.006 Landscaping and screening requirements (1) Screening of backflow prevention devices. Any backflow prevention device required by the Plumbing Code, Article 24.02, Division 4, be it a commercial residential use, shall be completely screened from the street via landscaping or a solid, opaque fence. At a Joint Public Hearing held August 20, 2012, the Planning Commission recommended approval 8:0 of the amendments. Approval of the ordinance. Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SECTIONS 28.02.004, 28.03.024(C)AND 28.04.006 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO MAKE CORRECTIONS AND ADDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL;AND PROVIDING A PENALTY. Mayor Pro Tern Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 12 - 059 5. Consider an ordinance approving a street name change from Westfield Avenue to Claybourn Drive. The City of Beaumont Planning Division has applied for the street name change from Westfield Avenue to Claybourn Drive between N. Major Drive and the east property line of Fairfield Addition, Ph. II.. As part of Fairfield, Phase III, an extension of Westfield Avenue is being constructed from its current eastern terminus to the east bank of DD#6 Ditch #123-D. Westfield will eventually connect with an extension of Claybourn Drive in Barrington Heights to create one continuous street. There are no properties addressed on the existing portion of Westfield. There are currently 32 properties with Claybourn addresses. For practical purposes, it makes sense that a continuous street have one name. Since Westfield has no addresses and Claybourn has a large number, it is justifiable to name the entire street Claybourn Drive. At a Joint Public Hearing held August 20, 2012, the Planning Commission recommended approval 8:0 of the street name change. Minutes—August 28,2012 Approval of ordinance. COuncilmember Getz made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE CHANGING THE NAME OF WESTFIELD AVENUE TO CLAYBOURN DRIVE, BEAUMONT, JEFFERSON COUNTY,TEXAS. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 12 - 060 6. Consider an ordinance approving the abandonment of Avenue E between Gilbert and Milam Streets. Robert Zingelmann, representing Beaumont Independent School District (BISD), has applied for the abandonment. Mr. Zingelmann states that BISD is requesting this abandonment primarily for safety purposes as well as for potential future school expansion. This section of Avenue E runs adjacent to Fletcher Elementary School. BISD owns both blocks on either side of this section of Avenue E. The block across from the school is used as a playground. Young children must cross Avenue E daily to get to the playground. Mr. Zingelmann states that while students are escorted by teachers and aides, the potential for a serious traffic accident exists. Mr. Zingelmann says that closure of this right-of-way would create a safe environment for the children going to and from the playground. Mr. Zingelmann also states that because of serious overcrowding,the abandonment would allow for the expansion of the school. The school is now land-locked and cannot accommodate any further growth on the existing site due to the recent classroom wing addition and cafeteria expansion. Future school expansion would have to be located on the BISD property across Avenue E. This item was sent to all interested parties. BISD and the City have worked out their differences and now there are no objections from any of the City departments. At a Regular Meeting held August 20, 2012, the Planning Commission recommended approval 8:0 of the abandonment subject to the following conditions: 1. BISD will pay to relocate any facilities in the right-of-way. 2. BISD will provide locking mechanisms on gates across the abandoned right-of-way that are acceptable to the Fire Department. Minutes—August 28,2012 3. Proper signage, as approved by the Transportation Division, will be attached to the gates. Approval of ordinance subject to the following conditions: 1. BISD will pay to relocate any facilities in the right-of-way. 2. BISD will provide locking mechanisms on gates across the abandoned right-of-way that are acceptable to the Fire Department. 3. Proper signage, as approved by the Transportation Division,will be attached to the gates. Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING A PORTION OF A RIGHT-OF-WAY ON AVENUE E BETWEEN GILBERT AND MILAM STREETS BEAUMONT,JEFFERSON COUNTY,TEXAS,WITH THE RECOMMENDED CONDITIONS. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 12 - 061 7. Consider an ordinance approving the abandonment of a 40' x 140' portion of Goliad right- of-way at the corner of Harriot and Goliad Streets. The City of Beaumont Public Works Department has applied for the abandonment of a portion of right-of-way. Currently, the City maintains the unused right-of-way. The City wishes to abandon this unused right-of-way and get it back on the tax rolls. This item was sent to all interested parties. No negative responses were received. At a Regular Meeting held August 20, 2012, the Planning Commission recommended approval 8:0 of the abandonment. Approval of ordinance. Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING A 401X140' PORTION OF THE RIGHT-OF-WAY OF GOLIAD STREET AT THE CORNER OF HARRIOT AND GOLIAD STREETS, BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH Minutes—August 28,2012 NAYS: NONE MOTION PASSED Ordinance 12 - 062 8. Consider an ordinance approving the abandonment of a 202.04' x 10' section of Stagg Drive located on the south side, beginning 88.10' east of 11th Street. C. Scott Mann, Jr. with Germer Gertz, L.L.P. for Baptist Hospitals of Southeast Texas has applied for the abandonment. The subject property is on the south side of Stagg Drive, beginning 88.10' east of 11th Street. Baptist Hospitals is selling the old Baptist Hospital site to HEB Grocery Stores. In April,the Planning Commission approved the abandonment of another portion of Stagg. HEB needs both abandonments to facilitate its development plans. In addition to the two abandonments, HEB is dedicating additional right-of-way and relocating street pavement and utility lines. This item was sent to all interested parties. Public Works Engineering has no objection to the abandonment but states that access must be maintained to all commercial establishments along Stagg and that all storm sewer facilities must be relocated. HEB has been coordinating with all public and private utilities to see that their needs are addressed. At a Regular Meeting held June 18, 2012, the Planning Commission recommended approval 7:0 of the abandonment subject to the following condition: 1. HEB shall be responsible for the cost of relocating any utilities. Approval of ordinance subject to the following condition: 1. HEB shall be responsible for the cost of relocating any utilities. COuncilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING A 202.04'X10'SECTION RIGHT-OF-WAY ON STAGG DRIVE,BEGINNING 88.10'EAST OF 11TH STREET,BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 12 — 063 Minutes—August 28,2012 9. Consider an ordinance approving the abandonment of a 0.3530 acre portion of Stagg Drive located approximately 290 feet east of the intersection of Stagg and N. 11th Street. C. Scott Mann, Jr., representing Baptist Hospitals of Southeast Texas (Baptist), has applied for the abandonment of a 0.3530 acre portion of Stagg Dr. This 249 foot section of Stagg Dr. is located approximately 290 feet east of the intersection of Stagg and N. 11 th Street. Baptist owns the properties on either side of the requested abandonment. It is in negotiations with HEB Stores to sell the property on either side to HEB. HEB has requested that Baptist apply for the abandonment to facilitate its development plans. At a Regular Meeting held April 16, 2012, the Planning Commission recommended approval 8:0 of the abandonment subject to the following conditions: 1. The existing 6'water main will need to be replaced with HDPE SDR-11 pipe and the 12" sanitary sewer main will need to be replaced with HDPE SDR-17 pipe. The mains shall be replaced to 20 LF beyond the limits of the abandonment. 2 Exclusive water and sewer utility easements will need to be retained to the satisfaction of Water Utilities. No structures or appurtenances shall be placed within the easement property. Water Utilities will not be responsible for any surface restoration when water and/or sanitary sewer main repairs are necessary. 3. Retain a general utility easement of adequate width for Time Warner Cable, AT&T and Entergy or move their facilities at HEB's expense. 4. A 15' exclusive drainage easement must be dedicated for city drainage facilities. Any moving of said facilities will be at HEB's expense. 5. There will need to be a 120' hammerhead turn-around constructed at the west end of Stagg at the point where Stagg is terminated; 6. In addition to the fire hydrants required for the project, there may be an additional fire hydrant required at Stagg and 11th St. 7. A solution that allows drivers to turn around on the east side of the proposed abandonment in the existing right-of-way. This solution needs to be acceptable to the Fire Department as well as to Transportation. Transportation would prefer a cul- de-sac within the 60'right-of-way on Stagg, however a hammerhead turn-around as suggested by the Fire Department would be acceptable. Transportation will consider alternative solutions. The developer will be responsible for providing this solution. 8. In place of utilizing a sign legend similar to the Texas Manual on Uniform Traffic Control Devices (TMUTCD) R11-4 sign ("Road Closed to Thru Traffic"), Transportation shall require the developer to place W14-1a signs ("Dead End" blade) at the intersections of 8th St. and Stagg Dr. and 11th St. and Stagg Dr. 9. On the east side of the proposed abandonment on Stagg Dr., Transportation will require the developer to place End-of-Roadway Object Markers OM4-1, OM4-2, OM4-3 if Stagg Dr. does not terminate into a cul-de-sac. Approval of ordinance subject to the following conditions: 1. The existing 6' water main will need to be replaced with HDPE SDR-11 pipe and the 12" sanitary sewer main will need to be replaced with HDPE SDR-17 pipe. The mains shall be replaced to 20 LF beyond the limits of the abandonment. Minutes—August 28,2012 2 Exclusive water and sewer utility easements will need to be retained to the satisfaction of Water Utilities. No structures or appurtenances shall be placed within the easement property. Water Utilities will not be responsible for any surface restoration when water and/or sanitary sewer main repairs are necessary. 3 Retain a general utility easement of adequate width for Time Warner Cable, AT&T and Entergy or move their facilities at HEB's expense. 4 A 15' exclusive drainage easement must be dedicated for city drainage facilities. Any moving of said facilities will be at HEB's expense. 5 There will need to be a 120' hammerhead turn-around constructed at the west end of Stagg at the point where Stagg is terminated; 6 In addition to the fire hydrants required for the project, there may be an additional fire hydrant required at Stagg and 11th St. 8. A solution that allows drivers to turn around on the east side of the proposed abandonment in the existing right-of-way. This solution needs to be acceptable to the Fire Department as well as to Transportation. Transportation would prefer a cul- de-sac within the 60' right-of-way on Stagg, however a hammerhead turn-around as suggested by the Fire Department would be acceptable. Transportation will consider alternative solutions. The developer will be responsible for providing this solution. 9. In place of utilizing a sign legend similar to the Texas Manual on Uniform Traffic Control Devices (TMUTCD) R11-4 sign ("Road Closed to Thru Traffic"), Transportation shall require the developer to place W14-1a signs ("Dead End" blade) at the intersections of 8th St. and Stagg Dr. and 11th St. and Stagg Dr. 10. On the east side of the proposed abandonment on Stagg Dr., Transportation will require the developer to place End-of-Roadway Object Markers OM4-1, OM4-2, OM4-3 if Stagg Dr. does not terminate into a cul-de-sac. COuncilmember Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING A 0.3530 ACRE PORTION OF STAGG DRIVE, BEAUMONT,JEFFERSON COUNTY,TEXAS,WITH THE RECOMMENDED CONDITIONS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 12 - 064 10. Consider an ordinance amending the boundaries of the wards of the City of Beaumont for election purposes. As a result of the 2010 decennial census, it has been determined that an increase in population in the City of Beaumont has caused the existing ward boundaries of the City of Beaumont to be substantially unequal in population. Article I, Section 6 of the Charter of the City of Beaumont give the City Council the responsibility of changing the ward boundaries from time-to-time as the Council may deem expedient so that each ward shall Minutes—August 28,2012 contain as nearly as possible, the same number of electors. The proposed ordinance adjusts the ward boundaries so as to comply with the Charter of the City of Beaumont.The next City election is May 11, 2013. Approval of the ordinance. Councilmember Pate made a motion to ADOPT DRAFT MAP "H" AN ORDINANCE ENTITLED AN ORDINANCE REVISING CITY COUNCIL MEMBER WARD BOUNDARIES IN RESPONSE TO THE 2010 CENSUS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR ELECTION PRECINCTS; PROVIDING THIS ORDINANCE BE CUMULATIVE;PROVIDING FOR SEVERABILITY;PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR INJUNCTIONS; PROVIDING FOR PUBLICATION AND BECOMING EFFECTIVE TEN DAYS AFTER PUBLICATION. Councilmember Getz seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS GETZ,AND PATE NAYS: MAYOR PRO TEM COLEMAN,COUNCILMEMBERS WRIGHT,SAMUEL AND SMITH MOTION FAILED Councilmember Samuel made a motion to ADOPT DRAFT MAP"C"AN ORDINANCE ENTITLED AN ORDINANCE REVISING CITY COUNCIL MEMBER WARD BOUNDARIES IN RESPONSE TO THE 2010 CENSUS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR ELECTION PRECINCTS; PROVIDING THIS ORDINANCE BE CUMULATIVE;PROVIDING FOR SEVERABILITY;PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR INJUCTIONS; PROVIDING FOR PUBLICATION AND BECOMING EFFECTIVE TEN DAYS AFTER PUBLICATION. Mayor Pro Tern Coleman seconded the motion. AYES: MAYOR PRO TEM COLEMAN,COUNCILMEMBERS WRIGHT,SAMUEL AND SMITH NAYS: MAYOR AMES, COUNCILMEMBERS GETZ AND PATE MOTION PASSED Ordinance 12 - 065 11. Consider a resolution approving annual contracts to multiple vendors for the purchase of traffic marking materials. Bids were requested for an annual contract to supply signage, sign materials, hardware, and specialty paints for use by the Streets& Drainage Division, and for purchase of various traffic control materials such as markers, portable signs and barricades for use by all City Departments. Eleven (11) vendors were notified and eight (8) responses were received. Specifications were divided into eight (8) material sections, and require that each be awarded to the lowest overall bidder who bids the entire section and complies with the required specifications.All recommended vendors have previously held portions of these contracts. There are no local vendors supplying this material. Total value of the contract is approximately $6,000 (1.1%) less than the current contract. Minutes—August 28,2012 Approval of the resolution. Mayor Pro Tern Coleman made a motion to APPROVE A RESOLUTION THAT THE BIDS SUBMITTED BY THE VENDORS FOR ANNUAL CONTRACTS FOR THE PURCHASE OF TRAFFIC MARKING MATERIALS MADE A PART HEREOF FOR ALL PURPOSES FOR THE ESTIMATED TOTAL AMOUNT OF $537,145 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 12 - 190 12. Consider a resolution approving an annual contract for Heating, Ventilation and Air Conditioning maintenance and repair. Bids were requested for an annual contract to provide HVAC maintenance and repair services for use by the Building Services Division. The contract will provide for the installation, maintenance and repair of air conditioning and heating system for all City facilities. Five (5) vendors were notified and three (3) responses were received. Specifications requested hourly labor rates for technicians and helpers together with percentage markup for materials and equipment rentals. Bids were evaluated on a total annual cost based upon estimated labor hours for each skill category and condition, together with mark-up percentage for supplied materials and equipment rentals. Low bid was received from Associated Mechanical Services, Inc., of Beaumont at $269,100. Associated Mechanical Services, Inc., has satisfactorily held this contract for several years. Approval of resolution. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY ASSOCIATED MECHANICAL SYSTEMS,INC.,OF BEAUMONT,TEXAS,FOR AN ANNUAL CONTRACT FOR HEATING,VENTILATION AND AIR CONDITIONING(HVAC)EQUIPMENT REPAIR AND SERVICE FOR CITY- OWNED HVAC EQUIPMENT FOR AN ESTIMATED ANNUAL COSTS OF$269,100 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Minutes—August 28,2012 Resolution 12 - 191 WORK SESSION * Review and discuss a request by Cimarex Energy to amend the Code of Ordinances related to seismic testing John Haulk with Cimarex Energy discussed a request by Cimarex to amend the Code of Ordinances related to seismic testing. Mr. Haulk discussed the project which will be a partnership between Cimarex and the residence of Beaumont. He stated that there are over 5,000 tracks within the City limits of Beaumont. Cimarex will also be placing signs throughout the City stating that Seismic testing is in progress and if any residence has any questions or concerns they may contact Cimarex. The vibe trucks will not travel on every street. Police escorts will be accompanying all vibe trucks along with a Cimarex representative to answer any questions. It was also stated that Cimarex permits will not include a damage release clause, damage claims will be handled on a case by case basis. There will be a third party monitoring company will monitor energy levels assuring safe levels for every household,there will also be an engineer on site. Home inspections will be offered to lot owners adjacent to the vibe points, a video will be taken of each vibe location before and after. The current City Ordinance does not allow Cimarex to acquire quality data within the City limits because there's not enough open lots on private property which are located 250 feet away from any particular structure. The last seismic shoot that took place was in the West End of Beaumont which consisted of urbanized areas this allowed Cimarex to stay 500 feet away from any structure. A research was done on Cities in the State of Texas currently there are 63 cities that have a population in excess of 50,000 people, 33 of those cities have oil and gas ordinances, 19 have ordinances specific to seismic testing. Hydro carbons are not found in all portions of the State. * Review and discuss the proposed FY 2013 Budget and the proposed 2013 Capital Program Kyle Hayes, City Manager discussed the proposed FY 2013 Budget and the proposed 2013 Capital Program. The objectives stated were to maintain the excellent financial condition of the City, to continue to provide the same level of services citywide, to invest more resources in city streets and to continue to upgrade the water and sewer system. The proposed general fund budget maintains the existing tax rate of $0.64/per $100 valuation, increases in lieu of payment from the water fund by$900,000, wage increases for civilians of 3%, contractual wage increases for police of 1%, contractual increases in contribution rates for firemen's pension will be from 13% to 15%. The City Manager also discussed the general fund revenues, sales and use taxes which would count for 32.4%of the budget, property taxes 12.5%, industrial payments 7.6%, gross receipt taxes 9.0%and 9.6% would represent other or totaling. The general fund expenditures were discussed totaling $108,465,700 for police, fire, public works, public health, information technology and other. The general fund statement of revenues and expenditures were discussed including the revenues, expenditures, transfers out, total appropriations, excess (deficit) revenues over appropriations, along with the beginning and ending fund balance. The property value trends were discussed detailing the average homestead value for 2011 versus 2012 as well as the City of Beaumont tax rate/$100 for both years and the tax liability. The dedication of property tax rates were discussed with a ten year analysis Minutes—August 28,2012 attached for each fiscal year, along with the general rate, the debt services and total tax rate. The water utilities fund which included the statement of revenues and expenditures for FY 2013 was discussed along with the beginning and ending fund balances, the solid waste fund statement of revenues and expenditures along with the beginning and ending of those fund balances. The City Manager also discussed the Proposed 2013 Capital Program that included the public works projects construction phases with their estimated cost. PUBLIC HEARING * Receive comments on the 2012 (FY 2013) Proposed Tax Rate Open: 3:11 p.m. None Close: 3:11 p.m. * Receive comments on the proposed FY 2013 Budget and the proposed 2013 Capital Program Open: 3:11 p.m. None Close: 3:11 p.m. COUNCILMEMBER COMMENTS MAYOR PRO TEM COLEMAN - REMINDED EVERYONE THAT THE BEAUMONT POLICE DEPARTMENTS RUN TO REMEMBER WILL BE SEPTEMBER 9, 2012 AND THE GIFT OF LIFE 5K RUN/WALK ON SEPTEMBER 29, 2012, ALSO COMMENTED ON HURRICANE ISAAC, ENCOURAGED EVERYONE TO HAVE A PLAN A AND B, GET A HURRICANE KIT AS WELL AS SIGNING UP WITH 311 IF YOU HAVE ANY SPECIAL NEEDS FAMILY MEMBERS, ALSO MENTIONED THE SITE BEAUMONTWEATHER.COM AND CITY OF BEAUMONT.COM TO CHECK HURRICANE STATUS COUNCILMEMBER GETZ- STATED THAT HE WAS HONORED TO ATTEND THE 7T" DAY ADVENTIST CHURCHES 3RD ANNUAL INTERNATIONAL FESTIVAL AND SABBATH CELEBRATION THIS PAST WEEKEND, THIS IS A MULTICULTURAL CHURCH THAT IS BLESSED WITH HAVING PEOPLE FROM NUMEROUS COUNTRIES THAT ARE MEMBERS OF THEIR CONGREGATION, THE CHURCH HOSTS AN INTERNATIONAL FESTIVAL WHERE THEY COOK FOOD AND HAVE A PARADE OF NATIONS WITH THEIR FLAGS AND THEIR CULTURAL ATTIRE, REMEMBERS HOW POPULAR THIS EVENT IS IN HOUSTON, TX,STATED AS Minutes—August 28,2012 HE SPOKE WITH OTHERS THEY SPOKE OF EXPANDING THIS CELEBRATION AND MAKING IT A CITY WIDE EVENT, THERE WILL BE MORE TALK IN THE FUTURE ABOUT BRINGING THIS CELEBRATION TO THE CITIES EVENT CENTRE AND HAVING AN INTERNATIONAL FESTIVAL, GETTING ALL OF THE CHURCHES IN OUR COMMUNITY INVOLVED,THIS CELEBRATION WILL HAVE PEOPLE FROM ALL OVER THE WORLD THAT LIVE HERE IN BEAUMONT,THINKS IT WOULD BE A CELEBRATION OF FOOD, MUSIC,CULTURE AND HERITAGE,HOPES EVERYONE CAN GET BEHIND THIS EVENT,ATTENDED THE GRAND OPENING OF THE MILLER LIBRARY THIS PAST MONDAY,THANKED THE MILLER FAMILY AND THE FOUNDATION FOR THE GENEROUS DONATION THAT MADE THE RENOVATIONS OF THE FACILITY POSSIBLE,COMPLIMENTED THE ARCHITECT AND CITY STAFF ON A GREAT JOB, ANNOUNCED THE LABOR DAY TENNIS TOURNAMENT ON THIS WEEKEND AT THE LAMAR MUNICIPAL COURTS, STATED THE PARTICIPATION HAS GROWN IN THIS TOURNAMENT, EXPECTS TO HAVE PEOPLE FROM ALL OVER THE STATE STAYING IN OUR HOTELS AND EATING AT THE RESTAURANTS COUNCILMEMBER WRIGHT- COMMENTED ON THE JULIE ROGERS GIFT OF LIFE PRESENTATION ON TODAY, ALSO SPOKE IN REGARDS TO A PROGRAM THAT WAS PRESENTED BY MAYOR EVELYN LORD, CALLED "WALK A MILE IN MY MOCCASIN" THIS IS ON THE LINE OF WHAT COUNCILMEMBER GETZ SPOKE ON,THIS WAS A VERY GOOD PROGRAM TO GET ALL CULTURES INVOLVED IN WHAT EACH OTHER DID, JUST HAPPY THAT WE WOULD BE ABLE TO EXPAND THE CULTURAL CELEBRATION FOR ALL,THE CITY CELEBRATES THE MEDITERRANEAN FESTIVAL, JUNETEENTH, CINCO DE MAYO AND THE INDIA FEST,ALSO MENTIONED THE GRAND OPENING OF THE MILLER LIBRARY AND HOW BEAUTIFUL IT WAS COUNCILMEMBER PATE- COMMENTED ON THE GIFT OF LIFE PROGRAM AND THEIR LEADERS NORMA SAMPSON AND REGINA ROGERS,STATED HOW IMPORTANT IT IS TO GO TO THE DOCTOR AND GET TESTED SO DETECTION IS CAUGHT EARLY COUNCILMEMBER SAMUEL- THANKED ALL OF THE VOLUNTEERS WITH THE GIFT OF LIFE AND WHAT A WONDERFUL JOB THEY DO,COMMENTED ON THE BEAUTIFUL RETIREMENT CELEBRATION HONORING BISD SUPERINTENDENT DR. CARROLL THOMAS, APPRECIATES ALL OF THOSE THAT WENT OUT AND SHOWED THEIR RESPECT FOR A MAN THAT HAS GIVEN A LOT OF HIS LIFE TO MAKE BEAUMONT A BETTER PLACE Minutes—August 28,2012 COUNCILMEMBER SMITH - WISHED EVERYONE A SAFE UPCOMING LABOR DAY WEEKEND, AS WELL AS THANKING STAFF FOR ALL OF THE WORK THEY HAVE DONE,IT'S GREAT THAT EMPLOYEES WILL BE AWARDED WITH A 3% RAISE, STATED THAT THERE WAS SOMETHING THAT WAS ON HIS MIND AND HAS BEEN FOR A WHILE, HE REALLY REALIZED IT ON LAST WEEK, HE TOO ATTENDED THE RETIREMENT CELEBRATION HONORING DR. CARROLL THOMAS ON HIS 16 YEARS OF SERVICE,THE EVENT ALMOST WENT OFF WITHOUT A HITCH BUT THERE WERE SOME ISSUE, WHAT HE CAME TO REALIZE THAT IN 2007 WHEN HE WAS ELECTED AS A CITY COUNCILMEMBER THAT WHEN HE APPEARS IN PUBLIC PEOPLE ARE NOT GOING TO SEE HIM AS JAMIE SMITH THE CITIZEN, BUT AS JAMIE SMITH THE COUNCILMEMBER AND HE SHOULD ALWAYS REPRESENT THE CITY, DIDN'T UNDERSTAND WHY A COUNCILMEMBER WOULD SHOW UP AT A PROTEST AND PROTEST SOMEONE'S RETIREMENT, THOUGHT IT WAS UNCALLED FOR AND DISRESPECTFUL TO THE COMMUNITY, KNOWS THAT EVERYONE HAS A 1'AMENDMENT RIGHT AND UNDERSTANDS THAT, BUT HE (COUNCILMEMBER GETZ) REPRESENTS THE CITY AND THINKS HE IS VERY DIVISIVE IN WHAT HE'S DOING BY SHOWING UP PROTESTING DR. THOMAS' RETIREMENT, CAUSING PROBLEMS THAT DIDN'T NEED TO BE,THE MAN WAS LEAVING THERE WAS NOTHING ELSE TO BE SAID OR DONE, WHAT WAS DONE WAS UNCALLED FOR AND VERY DISRESPECTFUL TO THE COMMUNITY (THERE WERE ADDITIONAL COMMENTS MADE AFTER COUNCILMEMBER SMITH'S COMMENTS BY COUNCILMEMBER GETZ, SAMUEL AND WRIGHT) CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES- NONE MAYOR AMES- THE MAYOR STATED THAT THE MEETING MINUTES ARE PUBLIC RECORDS AND EVERYONE CAN REVIEW THEM, THIS COUNCIL HAS NEVER BEEN THIS STATED HER DISLIKE, MENTIONED ALL OF THE GREAT THINGS THAT HAVE BEEN DONE IN THE CITY,THAT HAS BEEN OVERSHADOWED BY THIS, HOPES THAT EVERYONE CAN MOVE FORWARD AND WORK TOGETHER AND SHOW RESPECT FOR EACH OTHER Public Comments (Persons are limited to three minutes) Minutes—August 28,2012 Ruby Franklin 5335 Bigner Rd. Beaumont TX Spoke in regards to the property at 5355 Bigner Rd., which has been abandoned for the last nine months, has had to call the city about mowing the grass, the property owner still owns the property, was told that the home was in foreclosure called Compass Bank they knew nothing about the foreclosure, called the Demolition Department they came out and told her that the home had to be in deplorable condition of 50% before it could be torn down, stated that there is a transient that lives in the home and the transient is also going in her back yard when she's not home stealing her water, asked that the City board the home up until it can be demolished Rev. Carl Tyler, Jr. 5230 Abilene St. Beaumont TX Thanked Council for the work that they do, thinks that they deserve the accolades for the work, also wanted to comment on the sewage work that has been done on Abilene, stated that since a new sewage drainage has been installed on his street the drainage has been great, wanted to thank council for that, also gave praise to Cimarex and the job that they are doing, they came to his home and explained what they were doing and glad to see the effort that Cimarex is doing and pray that Council pass the Ordinance with amendments so that they may get started with their testing With there being no Executive Session, Council adjourned at 3:31 p.m. dio available ppon request in the City Clerk's Office. k M ��, Y A ay r Ck Al Tina Broussard, City Clerk Minutes—August 28,2012