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Home My WebLink AboutMIN MAR 26 2013 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 March 26,2013 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 March 26, 2013, 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 5-6/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:33 p.m. Reverend Harland Merriam of St. Andrews Presbyterian 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, 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 None Public Comment: Persons may speak on scheduled agenda items 5-6/Consent Agenda. Shirley Parsons Boyle 1035 20" St. Beaumont TX Spoke regarding Item A on the Consent Agenda; License to Encroach Agreement located at 1030 21 st St. Darran Dollarhide 1030 21st St. Beaumont TX Spoke regarding Item A on the Consent Agenda; License to Encroach Agreement located at 1030 21St St. A) Approve a resolution authorizing the execution of a License to Encroach Agreement located at 1030 21St Street. Councilmember Pate made a motion to approve Item A of the Consent Agenda. Councilmember Getz seconded the motion. Minutes—March 26,2013 AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 13 — 065 CONSENT AGENDA Approval of minutes - March 19, 2013 Confirmation of committee appointments - None B) Approve a resolution authorizing the City Manager to execute an agreement with Workforce Solutions Southeast Texas to provide the City of Beaumont with temporary workers and provide employment opportunities for clients of Workforce Solutions Southeast Texas— Resolution 13 - 066 C) Approve a resolution supporting the State of Texas funding the 2011 Texas Enacted House Bill 442 for public safety communications — Resolution 13 - 067 Mayor Pro Tern Coleman made a motion to approve the Consent Agenda excluding Item A. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider an ordinance approving a specific use permit to allow a tutorial service nanM H (Residential Multiple Family Dwelling-Highest Density) District at 1450 Wellington Circle. Janice A. Brassard has applied for a specific use permit. The City Council recently voted to allow this kind of use in an RM-H zoning district with a specific use permit. The proposed business, Miz B's Tutorials, is designed to help students of K-12 ages in various subjects and with standardized test preparation. Miz B's also provides supervision of home schooled children. The home school supervision will take place Monday through Thursday from 9 a.m. to noon, while the tutoring sessions will be from 4 p.m. to 9 p.m., Monday through Thursday. Minutes—March 26,2013 Impact on the adjacent properties is anticipated to be light, and is in keeping with the nature of the existing uses already in the area. There are seven parking spaces located on the property to accommodate employees. The students' parents typically drop off their children at the facility. New landscaping is being planned to replace the old landscaping that is causing damage to the existing structure and paved areas. At a Joint Public Hearing held March 18, 2013, the Planning Commission recommended approval 9:0 of the specific use permit with the following condition: 1. That the owner provide or modify an existing parking space for ADA compliance. Approval of ordinance subject to the following condition: 1. That the owner provide or modify an existing parking space for ADA compliance. COuncilmember Wright moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A TUTORIAL SERVICE IN A RM-H(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)DISTRICT AT 1450 WELLINGTON CIRCLE WITH THE CONDITIONS IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 13 - 016 2. Consider an ordinance approving a specific use permit to allow a children's quarters in an RS (Residential Single Family Dwelling) District at 2525 Rusk. Justino Jaimes has applied for a specific use permit. Mr. Jaimes has constructed a 624 sq.ft. accessory building in his back yard. This structure includes two bedrooms, a bathroom, laundry room and a small living room. The purpose of the structure is to help relieve the overcrowding in his two bedroom house. The building extends over the rear property line and into the City-owned 20' alley to the rear of the property. The encroachment into the alley is over 7 . This makes it necessary for the owner to obtain a variance to the rear setback to the property line (he has constructed the building crossing the property line)and a license to encroach into the City's right-of-way. At a Joint Public Hearing held March 18, 2013, the Planning Commission recommended approval 9:0 of the specific use permit with the following conditions: Minutes—March 26,2013 1. That the owner, obtain a variance to the minimum rear yard building setback requirement. 2. That the owner, obtain a license-to-encroach permit. 3. The property owner shall file a deed restriction that the children's quarters shall be used for housing family members only and shall not be rented. Approval of ordinance subject to the following conditions: 1. That the owner, obtain a variance to the minimum rear yard building setback requirement. 2. That the owner, obtain a license-to-encroach permit. 3. The property owner shall file a deed restriction that the children's quarters shall be used for housing family members only and shall not be rented. Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHILDREN'S QUARTERS WITH THE CONDITIONS,IN A RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT 2525 RUSK STREET IN THE CITY OF 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 13 - 017 3. Consider an ordinance approving a specific use permit to allow a bank in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 3625 Dowlen Road. Orange Savings Bank has applied for a specific use permit. The applicant has plans to construct a 5,000 sq. ft. bank building on the subject property. At some time in the future, the bank may add an additional 2,000 sq. ft. The one story building will be of masonry construction. The proposed site plan shows landscaping to be installed within and along the Dowlen Road frontage of the parking lot. An 8' tall screening fence will be installed along the south property line to provide visual screening and security for the adjacent residential areas. I n addition to the screening fence, a landscaped 10'wide landscape strip will be required. With the GC-MD-2 zoning, additional restrictions are in place to help mitigate the impact of commercial development on adjacent residential properties. Additionally,this parcel is in the Major/Dowlen Sign Overlay District,which means that there are more restrictive sign regulations in force. Minutes—March 26,2013 At a Joint Public Hearing held March 18, 2013, the Planning Commission recommended approval 9:0 of the specific use permit with the following conditions: 1. In addition to the fence, provide a 10' wide landscape strip along the south property line. Trees shall be planted every 25'. 2. The detached owner identification sign shall not exceed 6' in height and 70 sq. ft. in area. Approval of ordinance subject to the following conditions: 1. In addition to the fence, provide a 10' wide landscape strip along the south property line. Trees shall be planted every 25'. 2. The detached owner identification sign shall not exceed 6' in height and 70 sq. ft. in area. Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BANK IN A GC-MD-2(GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING-2)DISTRICT AT 3625 DOWLEN ROAD WITH THE CONDITIONS,IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 13 - 018 4. Consider an ordinance approving a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 2898 Fannett Road. Tasha Marshall and James Chevis have applied for a specific use permit. The applicants would like to operate a night club in an existing commercial building where adults can gather and play music and indoor games like pool and dominoes. Wine and beer will be sold. The business will employ two people initially. The applicants have noted that they will not affect the neighborhood in any adverse way. Parking will be accommodated on existing lots adjacent to the across the street from the building. The applicants have supplied written permission from the owner of the parking lots indicating that the use of his parking lots is acceptable. At a Joint Public Hearing held March 18, 2013, the Planning Commission recommended approval 9:0 of the specific use permit with the following condition: Minutes—March 26,2013 1. Access to parking areas must comply with Transportation Department requirements as outlined below: 1) Front parking spaces may only be utilized for ADA parking. 2) For Transportation to accept the use of parking from neighboring businesses, the applicant must either A) Demonstrate that both businesses will not be operating while the applicant is operating; or B) Demonstrate that both businesses have sufficient parking for their operations and extra parking sufficient for the applicant's operations. 3) If Item 2 cannot be met, the applicant must submit plans for a new parking lot located on site or within 400'that meets the requirements for parking group #26 in the City's Code of Ordinances. 4) If adjacent parking facilities are utilized, the developer must provide pedestrian facilities that prove safe access to the property. Approval of ordinance subject to the following condition: 1. Access to parking areas must comply with Transportation Department requirements as outlined below: 1) Front parking spaces may only be utilized for ADA parking. 2) For Transportation to accept the use of parking from neighboring businesses, the applicant'must either A) Demonstrate that both businesses will not be operating while the applicant is operating; or B) Demonstrate that both businesses have sufficient parking for their operations and extra parking sufficient for the applicant's operations. 3) If Item 2 cannot be met, the applicant must submit plans for a new parking lot located on site or within 400' that meets the requirements for parking group #26 in the City's Code of Ordinances. 4) If adjacent parking facilities are utilized, the developer must provide pedestrian facilities that prove safe access to the property. Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 2898 FANNETT ROAD WITH THE CONDITIONS, IN THE CITY OF 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 Minutes—March 26,2013 Ordinance 13 - 019 5. Consider a resolution authorizing the City Manager to apply to the Gulf Tourism and Seafood Promotional Fund to fund the study and design of Beaumont's waterfront and access to area recreational amenities. As a result of the Deepwater Horizon Incident, a$57 million fund, known as the Gulf Tourism and Seafood Promotional Fund was established to promote tourism and the seafood industries in the Gulf States. It is difficult to quantify the impact that the Deepwater Incident had on our area's seafood and tourism industries and the broader economy. However, because of our proximity to the Gulf and our location on the primary east-west gulf highway(Interstate 10), it would follow that Beaumont felt some degree of impact. The availability of the these development funds offers a unique opportunity to seek assistance to develop a plan to further enhance the public's access to our waterfront as well as other fishing, birding and recreational activities within tremendous natural areas along the Neches River. The grant application would seek up to $250,000 to fund a consultant to study and design enhancements for better access to these tremendous natural resources. Gulf Tourism and Seafood Promotional Fund. Approval of the resolution. Councilmember Getz made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPLY FOR AND RECEIVE FUNDING FOR THE CITY OF BEAUMONT THROUGH THE GULF TOURISM AND SEAFOOD PROMOTIONAL FUND IN AN AMOUNT UP TO $250,000 TO FUND THE STUDY AND DESIGN OF BEAUMONT'S WATERFRONT AND ACCESS TO AREA RECREATIONAL AMENITIES. 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 Resolution 13 - 068 6. Consider a resolution authorizing the City Manager to enter into a contract with Spindletop MHMR Services related to the use of HOME funds. Minutes—March 26,2013 Spindletop MHMR is requesting a $363,933 grant from the 2011 and 2012 HOME program allocations, related to the construction of a fifteen (15)unit development to provide affordable housing for individuals who are homeless or at risk of becoming homeless, and who have a mental illness, an intellectual developmental disability, a substance abuse disorder or a combination of these disabilities. Spindletop MHMR was awarded an 811 grant in the amount of$1,521,200 from the Department of Housing and Urban Development for this project, estimated to cost $2,085,133. With Spindletop's match of $200,000, the provision of $363,211 in HOME funds would substantially fill this funding gap, making the project viable. Although this grant would use most of the HOME funds for 2012, the only other request for these funds have come from developers of Low Income Housing Tax Credits (LIHTC) projects on Major Drive. One of these developers has withdrawn their application to the State and the other is located outside of the city limits. The reallocation of$53,000 from the 2011 Program Year to this project would come from unused funds budgeted for the Briarbend LIHTC project, located off of Concord. This project was developed but was funded through other sources. Funds will come from the 2011 HOME program ($53,000) and the 2012 HOME program ($310,211). The Administration recommends approval. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH SPINDLETOP MHMR SERVICES TO GRANT $363,211 IN 2011 AND 2012 HOME FUNDS IN CONNECTION WITH AN AFFORDABLE HOUSING PROJECT LOCATED WITHIN THE 2700 BLOCK OF SOUTH 8' STREET. Councilmember Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM COLEMAN,COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 13 - 069 PUBLIC HEARING * Receive comments on the Public Services, Public Facilities and Improvements and Emergency Solutions Grant line items of the Consolidated Grant Program's 2013 Annual Action Plan Open: 2:06 p.m. Minutes—March 26,2013 None Close: 2:06 p.m. COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH- THANKED TWO EMPLOYEES JASON ANDERSON AND EASTEN LAZARD THEY BOTH WORK IN THE SOLID WASTE DEPARTMENT, RECEIVED A PHONE CALL FROM A CITIZEN WHO THEY ASSISTED, THE CITIZEN WAS VERY PLEASED WITH THEIR ASSISTANCE AND WANTED TO THANK THEM FOR ALL OF THEIR HELP COUNCILMEMBER SAMUEL- STATED THAT HE WAS ENJOYING THE WINTER/SPRING DAY, GLAD THAT SPRING HAS SPRUNG,ANOTHER"GREAT DAY IN BEAUMONT" COUNCILMEMBER PATE- WISHED EVERYONE A BLESSED PASSOVER AND A HAPPY EASTER COUNCILMEMBER WRIGHT- CONDOLENCES TO THE REAUD FAMILY ON THE LOSS OF THEIR MOTHER, ENCOURAGED EVERYONE TO GO OUT AND ENJOY THE TEXAS STATE FAIR COUNCILMEMBER GETZ- CONDOLENCES TO THE REAUD FAMILY ON THE LOSS OF THEIR MOTHER AND TO THE FAMILIES OF TERRY DANIELS AND JUDGE CHARLES CARVER, WISHED EVERYONE A HAPPY PASSOVER AND A HAPPY EASTER MAYOR PRO TEM COLEMAN- THANKED ALLISON GETZ FOR THE FINE JOB SHE DID FOR SPONSORING THE GRAND BALL AS CHAIRMAN, THERE WAS GREAT ATTENDANCE AND A FINE MEAL, WISHED EVERYONE A HAPPY EASTER, ANNOUNCED THAT THERE WILL BE A PRAYER VIGIL TO SUPPORT THE HEALING OF THE BISD COMMUNITY, EVERYONE IS INVITED TO COME OUT TO THE BISD ADMINISTRATION PARKING LOT AT 4:00 P.M. ON SUNDAY,APRIL 31,2013 CONCERNED CITIZENS MAY LAY HANDS UPON THE ADMINISTRATION BUILDING LIFTING UP ALL IN OUR COMMUNITY FOR HEALING AND UNITY, THERE WILL BE INDIVIDUALS, FAMILIES AND CHURCH GROUPS,ALSO A FEW PASTORS WILL SPEAK Minutes—March 26,2013 CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES- STATED THAT THE CITY OF BEAUMONT HAS ENTERED INTO AN AGREEMENT WITH THE FAA FOR THE USE OF $47.8 MILLION OF THE MINERAL REVENUE AT THE AIRPORT, THERE WILL BE A WORKSESSION ON NEXT TUESDAY TO INFORM COUNCIL AS TO WHAT THE FUNDS WILL BE USED FOR MAYOR AMES- CONGRATULATED THE ENERGY MUSEUM ON THEIR FUNCTION THIS PAST WEEK, JEB BUSH WAS THE GUEST SPEAKER, HAD AN OPPORTUNITY TO PARTICIPATE IN THE MAYOR FOR MEALS, IT'S ALWAYS A GREAT DAY WHEN SHE GETS TO DELIVER MEALS,ANNOUNCED ON SATURDAY,APRIL 6,2013, THE CITY WILL PARTICIPATE IN THE TEXAS TRASH OFF, IF ANYONE WOULD LIKE TO PARTICIPATE PLEASE VISIT THE CITY'S WEB SITE, IF YOU HAVEN'T PREREGISTERED PLEASE DO SO, ENCOURAGE EVERYONE TO PARTICIPATE Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Public Comments (Persons are limited to three minutes) Shirley Parsons Boyle 1035 20th St. Beaumont TX Asked that Council will keep in mind the homeowners and their property values when making decisions when dealing with Encroachments Open session of meeting recessed at 2:15 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Rashee Guillory vs. The City of Beaumont; No. E-188,778 J.A.I. Dining Services (Beaumont), Inc., et al vs. The City of Beaumont, Texas, et al; No. 1:13-cv-00157 Minutes—March 26,2013 There being no action taken in Executive Session, Council adjourned. Au 'o available upon request in the City Clerk's Office. iw?jc� Be Ame , ayor Tina Broussard, City Clerk it, ri r Minutes—March 26,2013